[Federal Register Volume 63, Number 153 (Monday, August 10, 1998)]
[Rules and Regulations]
[Pages 42591-42592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21253]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 980716182-8182-01; I.D. 062298C]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Technical Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS issues a technical amendment to clarify regulations
implementing Amendment 5, Framework Adjustments 20, 24, and 25 to the
Northeast Multispecies Fishery Management Plan (FMP), and the final
rule that consolidated several CFR parts. The purpose of this technical
amendment is to comply with the intent of these actions by correcting
unintended errors made in the minimum fish size, gillnet tagging, cod
hail line, and raised footrope regulations, among other measures.
DATES: Effective August 10, 1998.
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy
Analyst, 978-281-9252.
SUPPLEMENTARY INFORMATION: The regulations implementing Amendment 5 (59
FR 9872, March 1, 1994) established an exception to the multispecies
minimum fish size requirement by allowing persons aboard vessels issued
limited access permits and fishing under a day-at-sea (DAS) to possess
fillets that measure less than the minimum size. Because the intent of
this measure was specific to vessels with multispecies limited access
permits, this rule corrects Sec. 648.83(b)(1) by changing the words
``limited access permit'' to ``multispecies limited access permit.''
The interim final rule implementing Framework Adjustment 20 (62 FR
15381, April 1, 1997) established a gillnet gear restriction that
requires vessel owners electing to fish under the annual Day gillnet
designation to tag their gillnet gear. When implemented, the interim
final rule correctly stated that all roundfish gillnets must have two
tags per net, and all flatfish gillnets must have one tag per net.
However, under the final rule implementing Framework 20 (62 FR 49144,
September 19, 1997), roundfish nets were incorrectly identified as
groundfish nets. This technical amendment corrects
Sec. 648.82(k)(1)(ii) by changing the word ``groundfish'' to
``roundfish.''
The regulation implementing Framework Adjustment 24 (63 FR 11591,
March 10, 1998) requires vessels subject to the cod landing limit to
come into port and report to NMFS within 14 DAS of starting a trip and
vessels that exceed the landing limit to remain in port and not call-
out of the DAS program until sufficient DAS has elapsed to account for
and justify the amount of cod harvested. For vessels that do not exceed
their allowable limit of cod, the regulations clearly state that they
must enter port and call-out of the DAS program at least once every 14
DAS. However, for vessels that exceed the limit, the regulation is less
clear and states only that these vessels must enter port at least once
every 14 DAS and report their hail weight of cod prior to offloading.
This technical amendment clarifies and corrects Sec. 648.10(f)(3)(ii)
by including language which specifies that, after reporting their
hailed weight of cod via the cod hail line, vessels that exceed the
allowable limit of cod must remain in port and not call out of the DAS
program until after sufficient DAS has elapsed to account for and
justify the amount of cod on board. Once vessels have satisfied this
required time in port, the next fishing trip may not begin until such
time that these vessels have called-out of the multispecies DAS
program. Also, in Sec. 648.10(f)(3)(ii), the reference to
Sec. 648.86(b)(3) is corrected to read Sec. 648.86(b)(4).
This rule makes several corrections to the regulations implementing
Framework Adjustment 25 (63 FR 15326, March 31, 1998). Section
648.80(a)(8)(iv) outlines the raised footrope requirement that may
pertain to a vessel fishing in areas known as Small Mesh Area 1 and 2.
This rule corrects inadvertent errors in the language describing this
gear modification by changing Sec. 648.80(a)(8)(iv)(C) to read that
``the footrope must be at least 20 feet (6.1 m) longer than the length
of the headrope'' rather than ``no more than 20 feet (6.1 m) longer.''
Also, Sec. 648.80(a)(8)(iv)(D) is changed to clarify how the sweep and
footrope are connected to ensure that the footrope remains off the
bottom when towed. The corresponding prohibition, Sec. 648.14(a)(112),
is also clarified to reflect that vessels may employ either a raised
footrope or an excluder device in their trawl gear when fishing in
Small Mesh Area 1 and 2, depending on the species of fish targeted. In
addition, in Sec. 648.86(b)(1)(ii), the reference to (b)(1)(3) is
corrected to read (b)(3); and in Sec. 648.86(b)(1)(ii)(A), the
reference to (b)(3) is corrected to read (b)(4), and the example that
is used in this cite is corrected to be more explicit.
Finally, to address an error made in the final rule that
consolidated six CFR parts governing the marine fisheries of the
Northeast region (61 FR 34966, July 3, 1996), this rule corrects
Sec. 648.14(c)(2)(ii) by changing the reference Sec. 648.10(a) to read
Sec. 648.10(b).
Classification
Because this rule corrects and clarifies only an existing set of
regulations for which full prior notice and opportunity for comment
were provided, the Assistant Administrator, under 5 U.S.C. 553(b)(B),
finds for good cause finds that it is unnecessary to provide such
procedures for this rule. Also, because this rule corrects and
clarifies only existing provisions and imposes no new requirements on
anyone subject to these regulations, under 5 U.S.C. 553(d)(3), it is
not subject to a 30-day delay in effective date.
This rule is exempt from review under E.O. 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
[[Page 42592]]
Dated: August 3, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.10, paragraph (f)(3)(ii) is revised to read as
follows:
Sec. 648.10 DAS notification requirements.
* * * * *
(f) * * *
(3) * * *
(ii) A vessel subject to the cod landing limit restriction
specified in Sec. 648.86(b)(1)(i) that exceeds or is expected to exceed
the allowable limit of cod based on the duration of the trip must enter
port no later than 14 DAS after starting a multispecies DAS trip and
must report, upon entering port and before offloading, its hailed
weight of cod under the separate call-in system as specified in
Sec. 648.86(b)(1)(ii)(B). Such vessel must remain in port, unless for
transiting purposes as allowed in Sec. 648.86(b)(4), until sufficient
time has elapsed to account for and justify the amount of cod on board
in accordance with Sec. 648.86(b)(1)(ii), and may not begin its next
fishing trip until such time that the vessel has called-out of the
multispecies DAS program to end its trip.
3. In Sec. 648.14, paragraphs (a)(112) and (c)(2)(ii) are revised
to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(112) Fish for, harvest, possess, or land in or from the EEZ, when
fishing with trawl gear, any of the exempted species specified in
Sec. 648.80(a)(8)(i), unless such species were fished for or harvested
by a vessel meeting the requirements specified in Sec. 648.80
(a)(3)(ii) or (a)(8)(iv).
* * * * *
(c) * * *
(2) * * *
(ii) Fail to comply with the notification, replacement, or any
other requirements regarding VTS usage as specified in Sec. 648.10(b).
* * * * *
4. In Sec. 648.80, paragraphs (a)(8)(iv)(C) and (D) are revised to
read as follows:
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
* * * * *
(a) * * *
(8) * * *
(iv) * * *
(C) The footrope must be at least 20 feet (6.1 m) longer than the
length of the headrope; and
(D) The sweep must be rigged so it is behind and below the
footrope, and the footrope is off the bottom. This is accomplished by
having the sweep longer than the footrope and having long dropper
chains attaching the sweep to the footrope at regular intervals. The
forward end of the sweep and footrope must be connected to the bottom
leg at the same point. This attachment, in conjunction with the
headrope flotation, keeps the footrope off the bottom. The sweep and
its rigging must be made entirely of 5/16 inch (0.8 cm) diameter bare
chain. No wrapping or cookies are allowed on the chain. The total
length of the sweep must be at least 7 feet (2.1 m) longer than the
total length of the footrope, or 3.5 feet (1.1 m) longer on each side.
Drop chains must connect the footrope to the sweep chain, and the
length of each drop chain must be at least 42 inches (106.7 cm). One
drop chain must be hung from the center of the footrope to the center
of the sweep, and one drop chain must be hung from each corner (the
quarter or the junction of the bottom wing to the belly at the
footrope). The attachment points of each drop chain on the sweep and
the footrope must be the same distance from the center drop chain
attachments. Drop chains must be hung at 8 foot (2.4 m) intervals from
the corners toward the wing ends. The distance of the drop chain that
is nearest the wing end to the end of the footrope may differ from net
to net. However, the sweep must be at least 3.5 feet (1.1 m) longer
than the footrope between the drop chain closest to the wing ends and
the end of the sweep that attaches to the wing end.
* * * * *
5. In Sec. 648.82, paragraph (k)(1)(ii) is revised to read as
follows:
Sec. 648.82 Effort-control program for limited access vessels.
* * * * *
(k) * * *
(1) * * *
(ii) Tagging requirements. Beginning June 1, 1997, when under a NE
multispecies DAS, all roundfish gillnets fished, hauled, possessed, or
deployed must have two tags per net, with one tag secured to each
bridle of every net within a string of nets and all flatfish gillnets
fished, hauled, possessed, or deployed must have one tag per net, with
one tag secured to every other bridle of every net within a string of
nets. Tags must be obtained as described in Sec. 648.4(c)(2)(iii), and
vessels must have on board written confirmation issued by the Regional
Administrator, indicating that the vessel is a Day gillnet vessel. The
vessel operator must produce all net tags upon request by an authorized
officer.
* * * * *
6. In Sec. 648.83, paragraph (b)(1) is revised to read as follows:
Sec. 648.83 Minimum fish sizes.
* * * * *
(b) * * *
(1) Each person aboard a vessel issued a multispecies limited
access permit and fishing under the DAS program may possess up to 25 lb
(11.3 kg) of fillets that measure less than the minimum size if such
fillets are from legal-sized fish and are not offered or intended for
sale, trade, or barter.
* * * * *
7. In Sec. 648.86, paragraphs (b)(1)(ii) introductory text and
(b)(1)(ii)(A) are revised to read as follows:
Sec. 648.86 Possession restrictions.
* * * * *
(b) * * *
(1) * * *
(ii) A vessel subject to the cod landing limit restrictions
described in paragraphs (b)(1)(i) and (b)(3) of this section, and
subject to the cod landing limit call-in provision specified at
Sec. 648.10(f)(3)(ii), may come into port with and offload cod in
excess of the landing limit as determined by the number of DAS elapsed
since the vessel called into the DAS program, provided that:
(A) The vessel operator does not call-out of the DAS program as
described under Sec. 648.10(c)(3) and does not depart from a dock or
mooring in port to engage in fishing, unless transiting as allowed in
paragraph (b)(4) of this section, until sufficient time has elapsed to
account for and justify the amount of cod harvested at the time of
offloading regardless of whether all of the cod on board is offloaded
(e.g., a vessel subject to the landing limit restriction, described in
paragraph (b)(1)(i) of this section, that has called-in to the
multispecies DAS program at 3 p.m. on Monday and that fishes and comes
back into port at 4 p.m. on Wednesday of that same week with 2,800 lb
(1,270.1 kg) of cod to offloads some or all of its catch, cannot call-
out of the DAS program or leave port until 3:01 p.m. the next day,
Thursday (i.e., 3 days plus one minute)); and
* * * * *
[FR Doc. 98-21253 Filed 8-7-98; 8:45 am]
BILLING CODE 3510-22-F
