[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Proposed Rules]
[Pages 49427-49437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23488]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 990811218-9218-01; I.D. 050399A]
RIN 0648-AL27
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Amendment 12 to the Northeast Multispecies
Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
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SUMMARY: NMFS issues this proposed rule to implement measures contained
in Amendment 12 to the Northeast Multispecies Fisheries Management Plan
(FMP) to address the management of silver hake (whiting), red hake,
offshore hake, and ocean pout and to implement the framework measure
approved in Amendment 11 to the FMP regarding essential fish habitat.
Amendment 12 and these proposed regulations would establish
differential whiting possession limits based on the mesh size with
which a vessel chooses to fish. The intended effect of this action is
to reduce fishing mortality rates on whiting and red hake to eliminate
overfishing and rebuild the biomass in accordance with the requirements
of the Sustainable Fisheries Act (SFA).
DATES: Comments must be received on or before October 28, 1999.
ADDRESSES: Comments on this proposed rule should be sent to Pat Kurkul,
Regional Administrator, 1 Blackburn Drive, Gloucester, MA 01930. Mark
the outside of the envelope, ``Comments on Proposed Rule for Amendment
12.''
Comments regarding burden-hour estimates for collection-of-
information requirements or other aspects of the collection-of-
information requirements contained in this proposed rule should be sent
to NMFS and to the Office of Information and Regulatory Affairs, Office
of Management and Budget (OMB), Washington, DC 20503 (Attention: NOAA
Desk Officer).
Copies of the Amendment 12 document, its Regulatory Impact Review
(RIR), Initial Regulatory Flexibility Analysis (IRFA), the Supplemental
Environmental Impact Statement (SEIS), and other supporting documents
for the FMP amendment, as well as all documents pertaining to Amendment
11, are available from Paul J. Howard, Executive Director, New England
Fishery Management Council, 5 Broadway (Route 1), Saugus, Massachusetts
01906-1036.
FOR FURTHER INFORMATION CONTACT: Peter Christopher, Fishery Management
Specialist, 978-281-9288.
SUPPLEMENTARY INFORMATION: The New England Fishery Management Council
(Council) developed Amendment 12 to the Northeast Multispecies FMP
(commonly called the Whiting Amendment) primarily to comply with the
new requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), as amended by the SFA on October
11, 1996. NMFS published a notice of availability for this amendment in
the Federal Register at 64 FR 29257, June 1, 1999, soliciting public
comments on this amendment through August 2, 1999. Public comments that
were received on or before August 2, 1999, will be considered in the
approval/disapproval decision. Comments received after that date, but
before the end of the comment period for this proposed rule, will not
be considered in the approval/disapproval decision of the amendment,
but will be considered in the decision on issuance of the final rule
with respect to matters not related to approval/disapproval of FMP
measures. Copies of Amendment 12 are available upon request (see
ADDRESSES).
Whiting and red hake have been part of the Northeast Multispecies
FMP since the implementation of Amendment 4 in 1991. Since that time,
one reason no management measures have existed to manage directly the
whiting and red hake fisheries is that management measures incorporated
into the Multispecies FMP for other species provide indirect protection
for whiting
[[Page 49428]]
and red hake. Geographic areas that are closed to fishing and minimum
mesh sizes that are inefficient at catching whiting and red hake
provided some level of protection for whiting and red hake. However,
directed whiting fisheries in the Southern New England Regulated Mesh
Area (SNE RMA) and exempted or experimental fisheries in the Gulf of
Maine/Georges Bank Regulated Mesh Area (GOM/GB RMA) have continued to
produce high levels of whiting and red hake catches. In anticipation of
additional restrictions to manage whiting, the Council established
September 9, 1996, as the control date for whiting and announced that
it could limit future access to the whiting fishery through a
moratorium on whiting permits.
In September 1997, NMFS' report to Congress on the ``Status of
Fisheries of the United States'' concluded that red hake and the
Southern stock of whiting are overfished and that the Northern stock of
whiting is approaching an overfished condition. In response, the
Council began the development of Amendment 12 to specifically address
overfishing.
Amendment 12 proposes to end overfishing in 4 years. Management
measures in years 1, 2, and 3 would be the same, unless changed through
framework action or amendment. If the reduction in fishing mortality
and exploitation during the first 3 years is not sufficient to meet the
goals of Amendment 12, a fourth year default measure has been proposed
to achieve the target fishing mortality rates and end overfishing.
Amendment 12 proposes to do the following: (1) Establish new
overfishing definitions for two stocks of silver hake, two stocks of
red hake, and offshore hake (Merluccius albidus); (2) specify Optimum
Yield (OY) for silver hake (whiting), red hake and offshore hake; (3)
identify whiting, red hake, and offshore hake as ``small mesh
multispecies''; (4) identify geographic areas for potential use in
management of different stocks of whiting; (5) implement a moratorium
on commercial permits to fish for whiting, red hake and offshore hake
(small mesh multispecies); (6) implement an open access permit category
to allow an incidental catch; (7) implement new measures for the
Cultivator Shoal Whiting Fishery; (8) initiate management measures for
all areas excluding the Cultivator Shoal Whiting Fishery based on mesh
size/possession limit categories; (9) add measures which may be
implemented by a framework adjustment; (10) implement codend
specifications and restrictions on net strengtheners; (11) restrict the
transfer of small mesh multispecies; (12) provide a default measure to
be implemented at the beginning of year 4 if management measures do not
meet the fishing mortality objectives; (13) designate Essential Fish
Habitat for offshore hake; and (14) establish a Whiting Monitoring
Committee (WMC).
After a preliminary review of Amendment 12, NMFS found that the
limited access program would be inconsistent with national standard 4
and section 304(e) of the Magnuson-Stevens Act. The qualification
criteria allow vessels that participated in either the Gulf of Maine
whiting raised footrope or separator trawl experimental fisheries to
qualify for a limited access permit with 1,000 lb (453.6 kg) of
landings over 3 years, rather than 50,000 lb (22,680 kg) of landings
over 18 years. Vessels would be subject to the same restrictions
regardless of how the vessel qualified for the permit. This portion of
the proposed limited access program is inconsistent with national
standard 4 because different sectors of the industry could qualify for
the same level of fishing with different landings requirements.
Further, vessels may have been excluded from participation in
experimental fisheries because NMFS imposed participation restrictions
and these restrictive controls may have discouraged vessels from
participating.
The limited access program also proposes that at the beginning of
year 6 of the Amendment, unless otherwise extended, vessels would be
eligible for limited access small mesh multispecies permits without
having to meet the landings criteria, provided the vessels possessed a
limited access multispecies permit that was valid on the date the final
rule for this amendment is published and that continues to be valid in
year 6. The sunset provision may give vessel owners who would not
qualify for the limited access permit unrealistic expectations that
they may be able to participate in the whiting (small mesh
multispecies) fisheries as a limited access vessel when it is unlikely
to happen. Further, there has been no analysis of the potential effects
of such effort on the rebuilding schedule. Amendment 12 proposes to end
overfishing in year 4 and to rebuild the stocks of whiting and red hake
within 10 years. Because it is uncertain that the fishery could sustain
additional vessel participation just 1 year beyond the target date to
end overfishing, rebuilding goals may be compromised. This measure
would, therefore, be inconsistent with section 304(e) of the Magnuson-
Stevens Act that specifies that overfished fisheries be rebuilt within
a period not to exceed 10 years.
As a result of this preliminary review, NMFS is returning the
limited access program to the Council in its entirety. To return only
the two problematic portions would alter significantly the limited
access program proposed in Amendment 12, thus changing the limited
access program that was approved by the majority of the voting members
of the Council. Under section 304(c)(3) of the Magnuson-Stevens Act,
the Secretary of Commerce may not implement a limited access system
that has not been approved by the majority of the voting members of the
Council. Therefore, NMFS's only option in order to avoid implementing
the two problematic measures of the limited access program is to
exclude the limited access portion of Amendment 12 from regulations
proposed for public comment. The open access permit category for small
mesh multispecies is also omitted from this regulation because it would
serve no purpose without the limited access permit categories.
Proposed Measures
The ``Open Access Nonregulated Multispecies Permit'' would be
renamed the ``Open Access Multispecies Permit'' to avoid confusion that
would result from the elimination of the definition of ``Nonregulated
Multispecies.'' Vessels currently issued ``Open Access Nonregulated
Multispecies Permits'' would not be required to acquire a new ``Open
Access Multispecies Permit,'' but rather would receive a renamed permit
when they apply for permit renewal at the end of the fishing year in
which this regulation is implemented. The restrictions pertaining to
the ``Open Access Nonregulated Multispecies Permit'' would remain in
effect for these vessels.
Amendment 12 proposes to change the season for the Cultivator Shoal
Whiting Fishery by decreasing its duration by 1 month. The Cultivator
Shoal Whiting Fishery season would begin on June 15 and end on
September 30 of each year. Currently, the fishery ends on October 31
each year. The reduction in fishing effort by the elimination of the
month of October is expected to contribute toward Amendment 12's
overall goal of a 63-percent reduction in whiting exploitation across
all stock areas.
Vessels enrolled in the Cultivator Shoal Whiting Fishery would be
restricted to a minimum mesh size of 3 in (7.62 cm) subject to
applicable codend restrictions. Vessels enrolled in the fishery would
also be restricted to a
[[Page 49429]]
possession limit of 30,000 lb (13,608 kg) of whiting and offshore hake.
Vessels would be allowed to fish in areas other than the Cultivator
Shoal Whiting Fishery area while enrolled in this fishery but would be
subject to the more restrictive mesh and possession measures regardless
of where they fish. These measures allow participants in the Cultivator
Shoal Whiting Fishery flexibility to fish in other whiting areas when
whiting are not concentrated on the Cultivator Shoal. The possession
limit would serve to eliminate extremely large whiting trips that
contribute to excessive fishing mortality in the area, yet allow for
economically feasible trips.
Amendment 12 would implement whiting and offshore hake possession
limits for all areas excluding the Cultivator Shoal Whiting Fishery.
Vessels issued a Federal multispecies permit would be allowed the
following possession limits of whiting and offshore hake: up to 3,500
lb (1,588 kg), while using a mesh size less than, but not equal to 2.5
in (6.35 cm); up to 7,500 lb (3,402 kg), while using a codend mesh size
of 2.5 in (6.35 cm) or larger, provided the vessel has a letter of
authorization from the Administrator, Northeast Region, NMFS (Regional
Administrator) on board; and up to 30,000 lb (13,608 kg), while using a
codend mesh size of 3 in (7.62 cm) or larger, provided the vessel has a
letter of authorization from the Regional Administrator on board.
Letters of authorization for these mesh size categories would be valid
for a minimum of 30 days. However, vessels could withdraw from the
minimum mesh size category after a minimum of 7 days, but they would be
subject to a possession limit of 3,500 lb (1,588 kg) regardless of the
mesh size in use and would not be able to re-enter the original
authorization category for the remainder of the original 30 days.
Vessels that do not receive a letter of authorization would
automatically be restricted to a possession limit of 3,500 lb (1,588
kg) of whiting and offshore hake, regardless of the mesh size in use.
Amendment 12 proposes that while participating in the Northern
shrimp fishery, to retain whiting and offshore hake, a vessel would be
required to be issued a Federal multispecies permit and that vessels
would be allowed a possession limit of whiting and offshore hake equal
to the amount of Northern shrimp on board up to 3,500 lb (1,588 kg).
This proposed rule includes instructions for vessel owners to
follow in order for them to receive the required letters of
authorization to participate in one of the minimum mesh size and
corresponding possession limit categories. To request a letter of
authorization, vessel owners would be required to call the Northeast
Region Permit Office during normal business hours and provide the
vessel name, owner name, permit number, the desired mesh size/
possession limit category and the period of time that the vessel would
be enrolled. Since letters of authorization would be effective on the
date of receipt vessel owners should allow appropriate processing and
mail time. To withdraw from a category, vessel owners must call the
Northeast Region Permit Office. Withdrawals would be effective upon
date of request.
Amendment 12 proposes that a vessel issued a Federal multispecies
permit would be allowed to transfer small mesh multispecies at sea up
to 500 lb (226.8 kg), provided it has a letter of authorization to
transfer fish at sea on board the vessel. A total of 500 lb (226.8 kg)
would automatically be deducted from the vessel's possession limit
regardless of the actual amount transferred. Vessels receiving the
small mesh multispecies at sea would be required to have a receipt for
the transferred fish. The allowance for transfers at sea would provide
continued flexibility for vessels that have traditionally purchased
bait from other vessels while in the course of targeting such other
species as lobster or tuna.
Amendment 12 proposes new codend specifications for vessels fishing
for small mesh multispecies. For vessels less than or equal to 60 ft
(18.28 m) in length overall, the mesh size would be determined by
measuring the first 50 meshes (100 bars in the case of square mesh)
from the terminus of the net. For a vessel greater than 60 ft (18.28 m)
in length overall, the mesh size would be determined by measuring the
first 100 meshes (200 bars in the case of square mesh) from the
terminus of the net. This restriction would not apply to vessels using
less than 2.5-in (6.35 cm) mesh and being subject to other codend
specifications specified in this part.
The proposed management measures controlling mesh size are intended
to provide an incentive for vessels to use larger mesh to fish for
small mesh multispecies. Allowance of several mesh sizes accounts for
differences in the characteristics of the various small mesh fisheries
(such as squid and herring) which exist.
Amendment 12 proposes to allow vessels using mesh less than 2.5 in
(6.35 cm) to use net strengtheners. This provision allows vessels which
have traditionally used net strengtheners in other small mesh fisheries
to continue with their use while maintaining the expected conservation
benefits by prohibiting the use of net strengtheners in directed small
mesh multispecies fisheries.
On May 1, 2002 (the beginning of year 4 under the schedule proposed
by Amendment 12), if target mortality and biomass objectives have not
been achieved and if the Council and NMFS have not implemented other
adequate management measures, default measures would ensure that the
fishing mortality objectives of Amendment 12 are achieved. The default
measures would include the following:
A regulated mesh area to be defined prior to the effective date
of the default measure, with a 3-in (7.62 cm) minimum mesh
requirement for all fishing activities (with the exception of
fisheries with larger minimum mesh sizes). In the absence of a
defined small mesh multispecies regulated mesh area, the default
measures would be effective throughout the range of the species.
Vessels participating in any fishery would be required to use the
minimum mesh or larger unless fishing in a fishery that has been
determined exempt from the minimum mesh size.
A possession limit of whiting and offshore hake up to 10,000 lb
(4,536 kg) for vessels possessing a Federal multispecies permit
would be allowed.
A possession limit of 100 lb (45.36 kg) of whiting and offshore
hake for vessels participating in an exempted fishery would be
allowed.
A provision to allow a vessel to fish with mesh less than 3 in
(7.62 cm), if fishing is determined to be exempted from the minimum
mesh size by demonstrating a bycatch of small mesh multispecies that
is less than 10 percent of total catch.
Analysis of these management measures indicated that it may be very
difficult to achieve the conservation objectives of the proposed
amendment without decreasing the amount of whiting retained or
discarded with mesh less than 2.5 in (6.35 cm). Therefore, the default
measures described above further increase the likelihood that the
incidental, as well as the directed, catch of small mesh multispecies
will be reduced.
Additional measures that can be implemented through the framework
procedure have been proposed under Amendment 12 to allow future
adjustments for the small mesh multispecies. The following measures
that can be implemented through the framework procedure have been
proposed: A total allowable landings limit (and appropriate seasonal
adjustments) for vessels fishing in the northern area requiring that
the fishery be closed when the limit is reached; modifications or
adjustments to whiting
[[Page 49430]]
grate/mesh configuration requirements; adjustments to whiting stock
boundaries for management purposes; modifications to requirements for
fisheries to be exempt from the minimum mesh requirements for small
mesh multispecies; and season adjustments, declarations and
participation requirements for the Cultivator Shoal Whiting Fishery.
Amendment 12 also proposes the following management measures that could
be implemented through a framework adjustment to the FMP provided that
they are accompanied by a full set of public hearings: A whiting Days
at Sea (DAS) effort reduction program and a whiting total allowable
catch (TAC), either by region or for the entire fishery. In addition,
Amendment 11 to the FMP, which was approved on March 3, 1999, adds
essential fish habitat measures to the framework list. The framework
procedure for essential fish habitat, which was inadvertently not
included in regulations at the time Amendment 11 to the FMP was
approved, is now included in this rule.
The framework adjustment process allows the Council flexibility to
develop and analyze management actions over a shorter time period than
is possible under the amendment process. Framework development still
involves notification of proposed measures to the public and
opportunities for public comment.
Amendment 12 proposes to establish the Whiting Monitoring Committee
(WMC) to monitor the progress of the rebuilding of small mesh
multispecies stocks on an annual basis. The role, structure, and
process for the WMC would be identical to the Multispecies Monitoring
Committee (MMC), with the exception that the WMC would contain at least
three industry representatives: At least one from New England, one from
Southern New England, and one from the Mid-Atlantic regions.
Establishment of a monitoring committee provides regular, consistent
evaluation of the management measures to ensure that the goals of the
Northeast Multispecies FMP specific to small mesh multispecies are
achieved.
This rule proposes to correct references to the appeals paragraphs
of the multispecies permitting section and to clarify the net
strengthener provision at Sec. 648.80(g).
Classification
The Council prepared and NMFS has adopted a SEIS for this
amendment; a notice of availability was published at 63 FR 48727,
September 11, 1998. Although short-term negative impacts would result
from lowered allowed catches of small mesh multispecies, the proposed
management action would have long-term positive impacts on affected
physical, biological, and human environments. A copy of the SEIS may be
obtained from the Council (see ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
Initial Regulatory Flexibility Analysis
The Council prepared an IRFA for this proposed rule, pursuant to
the Regulatory Flexibility Act (5 U.S.C. 603), without a final
determination as to whether the proposal would have a significant
impact on a substantial number of small entities. In September of 1997,
NMFS determined that some stocks of whiting and red hake are overfished
or approaching an overfished condition. This proposed rule is published
to comply with the new requirements of the Magnuson-Stevens Act which
requires that a management plan be developed and implemented to end
overfishing and to rebuild overfished stocks. This proposed rule
intends to end overfishing by implementing whiting, offshore hake, and
red hake possession limits; minimum mesh sizes; and a year 4 default
measure to ensure that the elimination of overfishing is attained. To
ensure that there will be effective recordkeeping and compliance for
the proposed measures, this proposed rule would establish two new
collection-of-information requirements and include one collection-of-
information requirement that was previously omitted. These two new
requirements consist of a requirement for a vessel owner or operator to
call the Regional Administrator to request a letter of authorization to
fish under one of the mesh size/possession limit categories and of a
requirement to make a receipt for fish bought through a transfer of
fish at sea. The omitted requirement is a requirement to call in to
receive a letter of authorization to transfer fish other than regulated
multispecies at sea. Measures analyzed in the IRFA include the full set
of management measures with particular attention to mesh size and
possession limits and the year 4 default measure. The small entities
considered in this analysis are 1,156 vessels whose reported landing
was made of one or more combined pounds of whiting, red hake, and
offshore hake during the calendar years 1995 to 1997. The following is
a brief discussion of the measures and alternatives analyzed in the
IRFA.
Measures proposed in this amendment are intended to reduce landings
of whiting and red hake and to control effort on these fisheries.
Vessels that would continue fishing for small mesh multispecies would
be subject to substantial reductions in landings from their historical
fishing activity. The most significant effects would be caused by the
4th year default measures, which are expected to result in the largest
economic loss for fishery participants. The management measures for
years 1-3 are estimated to reduce gross revenues from all species by
more than 5 percent for 81 vessels (7 percent of small mesh
multispecies participants). If the default measure is implemented,
approximately 20 percent of small mesh multispecies fishery
participants (222 vessels) are estimated to experience a reduction in
annual gross revenues of 5 percent or more.
Additionally, short- and long-run profitability analyses of small
mesh multispecies commercial fishing vessels indicate that management
measures proposed in this amendment would force some vessels to cease
operations. In the short run, vessels may be assumed to maintain
business operations, provided operating costs can be paid. In the long
run, vessels may be able to maintain business operations only if all
costs (fixed and operating) can be paid from gross receipts. Estimated
profitability for the years 1-3 and year 4 default management measures
indicated that two percent, or more, of the vessels may not be able to
operate at positive long-run profit upon implementation of the FMP by
this proposed rule. Under the years 1-3 measures, a total of 25 vessels
estimated to be earning positive profit under the status quo, (2.2
percent of all small mesh multispecies fishery participants) would be
operating at negative profit. Similarly, a total of 61 vessels
estimated to be earning positive profit under the status quo (5.3
percent of all small mesh multispecies fishery participants) would be
operating at negative profit under the year 4 default measure. It is
assumed such vessels would cease operations as a result of their
negative profit.
The impact of the proposed action would not be distributed evenly
among vessels or sectors of the industry. Impacts of the proposed
management action would be the greatest on the communities that depend
most heavily on small mesh multispecies fisheries. Most of the effort
in the small mesh fisheries and resulting landings are from vessels
based in Rhode Island, New York, and New Jersey. Therefore, with
management measures designed to reduce effort and landings, vessels
fishing from these states would experience the effects of the
[[Page 49431]]
management measures to the greatest extent. Compared to the status quo,
however, industry may realize much greater benefits in the long term as
stocks of small mesh species recover, and value of the species
increases as a result of the proposed management measures.
An analysis of the management measures in an open access fishery
was also conducted. Although it is likely that current numbers of
vessels permitted to fish for small mesh multispecies would remain at
current levels or slightly increase, it is uncertain what the actual
level of participation, effort and catch levels will result. However,
vessels that would have qualified for the limited access permits would
remain subject to greater restrictions and therefore would be equally
impacted under a limited access or open access fishery. Vessels that
would have been excluded from the limited access fishery would likely
recognize greater profitability as a result of an open access system
over the short-term. Therefore, because the open access fishery would
result in increased profitability for some small entities when compared
to the limited access permit program, NMFS determines that the
management measures in an open access system would have a reduced
negative impact on small entities.
Other measures proposed in this amendment, including minimum mesh
and possession limit enrollment programs (not including the direct
reductions of catch and landings caused by minimum mesh sizes and
possession limits), codend specifications, the net strengthener
provision, and the transfer at sea provision have no quantifiable
economic impact. However, these measures are expected to have minimal
economic impact on participating vessels because they would not result
in the loss of catch or landings and would allow continued flexibility.
Alternatives Considered But Rejected by the Council
1. The Council considered a ``no action'' alternative that would
result in no changes to the current measures under the Northeast
Multispecies FMP. The no action alternative was rejected because it
would not fulfill the requirements of the Sustainable Fisheries Act
with respect to overfished stocks. Further, evaluations of biological,
social, and economic impacts suggest that the proposed management
measures would result in greater, long-term benefits to the industry.
2. The Council considered various management measures specific to
northern, southern, and the Cultivator Shoal Whiting Fishery areas,
using the boundary between the Gulf of Maine/Georges Bank and the
Southern New England Regulated Mesh Areas to differentiate between the
northern and southern areas. Management measures that were considered
included minimum mesh sizes, eastern and western zone delineation in
the southern area, and possession limits based on mesh size, areas
fished, seasons, and vessel size. While the Council maintained the
Cultivator Shoal Whiting Fishery exemption area, it rejected further
delineation because it felt that area-specific measures would be
unnecessary with simplified and uniform management measures for all
areas, except the Cultivator Shoal Whiting exemption area.
3. Seasonal restrictions, including a reduction of the current
season, were considered by the Council for management measures for the
Cultivator Shoal Whiting Fishery. The Council had considered reducing
the season of the fishery by 2 months by eliminating June and October
from the allowed season. In addition, various possession limits and
participation restrictions were considered. While Amendment 12 proposes
a 1-month reduction of the season that eliminates the month of October,
the elimination of the June portion was rejected. Public comment during
the public hearing stage suggested that landings from the fishery in
June are of high value because of the lack of other available fish or
allowed whiting fisheries. The possession limits and other
restrictions, other than the proposed measures in this rule, were
rejected for consideration in Amendment 12 because they were too
complex or not feasible. The Council felt that, while the low
possession limits would ensure that fishing mortality goals relative to
the Cultivator Shoal area would be reached quickly, vessels would not
be able to profit from trips to the Cultivator Shoal area with low
possession limits.
4. The Council considered three options for possible transfers of
small mesh multispecies at sea. One measure would prohibit transfers; a
second would allow unlimited transfers; and a third would allow vessels
to transfer limited amounts of small mesh multispecies. The Council
rejected the prohibition of transfers because it would not allow the
needed flexibility in the industry. The unlimited transfer at sea
option was also rejected because it would compromise the effectiveness
of the possession limits it was developing.
5. The Council considered implementing minimum fish sizes for
whiting, but rejected the idea due to the likelihood that measuring
whiting would be impractical and difficult to enforce given the high-
volume nature of the fishery and that whiting is a highly perishable
product.
6. The Council considered spawning season closures to protect
spawning stocks of whiting and red hake, but rejected the measure
because spawning data for whiting are incomplete. The data that are
available suggest that existing large mesh measures in the Northeast
Multispecies FMP provide protection for known spawning fish.
NMFS seeks comments regarding the IRFA. Copies of the IRFA are
available from the Council (see ADDRESSES).
Paperwork Reduction Act
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
This proposed rule contains three new collection-of-information
requirements subject to the Paperwork Reduction Act and have been
submitted to OMB for approval. This proposed rule also repeats an
existing requirement that has been approved by OMB under control number
0648-0202. The public reporting burden for these collection-of-
information requirements is indicated in the parentheses in the
following statements and includes the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Public comment is sought regarding whether the proposed collection-of-
information requirements are necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimates; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including the use of automated collection techniques or
other forms of information technology. Send comments regarding these
reporting burden estimates or any other aspects of the collection of
information, including suggestions for reducing the burden, to NMFS and
OMB (see ADDRESSES).
The new requirements are:
Call-in to NMFS Region for Enrollments for Authorization Letter to
Transfer at Sea, (2 minutes/response);
[[Page 49432]]
Written Receipt for At-Sea Transfers of Small mesh Multispecies, (1
minute/response);
Call-in to NMFS Region for Enrollments for Mesh Size/ Possession
Limit Authorization Letter, (2 minutes/response).
The repeated existing requirement is:
Call in to NMFS Region for Enrollment for the Cultivator Shoal
Whiting Fishery Authorization Letter, (2 minutes/response).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 1, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be 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. 648.2, the definition for ``Nonregulated multispecies''
is removed, the definitions for ``Dealer'' and ``Northeast (NE)
multispecies or multispecies'' are revised, and the definitions for
``Small mesh multispecies'' and ``Whiting Monitoring Committee (WMC)''
are added to read as follows:
Sec. 648.2 Definitions.
* * * * *
Dealer means any person who receives, for a commercial purpose
(other than solely for transport on land), from the owner or operator
of a vessel issued a valid permit under this part, any species of fish,
the harvest of which is managed by this part, unless otherwise exempted
in this part.
* * * * *
Northeast (NE) multispecies or multispecies means the following
species:
American plaice- Hippoglossoides platessoides.
Atlantic cod- Gadus morhua.
Haddock- Melanogrammus aeglefinus.
Ocean Pout- Macrozoarces americanus.
Offshore Hake- Merluccius albidus.
Pollock- Pollachius virens.
Redfish- Sebastes fasciatus.
Red hake- Urophycis chuss.
Silver hake (whiting)- Merluccius bilinearis.
White hake- Urophycis tenuis.
Windowpane flounder- Scophthalmus aquosus.
Winter flounder- Pleuronectes americanus.
Witch flounder- Glyptocephalus cynoglossus.
Yellowtail flounder- Limanda ferruginea.
* * * * *
Small mesh multispecies means the subset of Northeast multispecies
that includes silver hake, offshore hake, and red hake.
* * * * *
Whiting Monitoring Committee (WMC) means a team appointed by the
NEFMC to review, analyze, and recommend adjustments to the management
measures addressing small mesh multispecies. The team consists of staff
from the NEFMC and MAFMC, NMFS Northeast Regional Office, the NEFSC,
the USCG, at least one industry representative from each geographical
area (northern New England, southern New England, and the Mid-
Atlantic), and no more than two representatives, appointed by the
Commission, from affected states.
3. In Sec. 648.4, paragraph (a)(1)(ii) is revised to read as
follows:
Sec. 648.4 Vessel and individual commercial permits.
(a) * * *
(1) * * *
(ii) Open access permits. A vessel of the United States that has
not been issued a limited access multispecies permit is eligible for
and may be issued an ``open access multispecies'', ``handgear'', or
``charter/party'' permit and may fish for, possess on board, and land
multispecies finfish subject to the restrictions in Sec. 648.88. A
vessel that has been issued a valid limited access scallop permit, but
that has not been issued a limited access multispecies permit, is
eligible for and may be issued an open access scallop multispecies
possession limit permit and may fish for, possess on board, and land
multispecies finfish subject to the restrictions in Sec. 648.88. The
owner of a vessel issued an open access permit may request a different
open access permit category by submitting an application to the
Regional Administrator at any time.
* * * * *
4. In Sec. 648.6, paragraph (a) is revised to read as follows:
Sec. 648.6 Dealer/processor permits.
(a) General. All NE multispecies, sea scallop, summer flounder,
surf clam and ocean quahog dealers, and surf clam and ocean quahog
processors must have been issued under this section, and have in their
possession, a valid permit for these species. As of January 1, 1997,
all mackerel, squid, and butterfish dealers and all scup dealers, and,
as of June 1, 1997, all black sea bass dealers must have been issued
under this section, and have in their possession, a valid permit for
these species. As of [insert the date the final rule is effective],
persons on board vessels receiving small mesh multispecies at sea for
use exclusively as bait are deemed not to be dealers for purposes of
receiving such small mesh multispecies and are not required to possess
a valid dealer's permit under this section, provided the vessel
complies with the provisions specified under Sec. 648.13.
* * * * *
5. In Sec. 648.13, paragraph (b) is revised and paragraph (e) is
added to read as follows:
Sec. 648.13 Transfers at sea.
* * * * *
(b)(1) Except as provided in paragraph (b)(2) of this section,
vessels issued a multispecies permit under Sec. 648.4(a)(1) or a
scallop permit under Sec. 648.4(a)(2) are prohibited from transferring
or attempting to transfer any fish from one vessel to another vessel,
except that vessels issued a Federal multispecies permit under
Sec. 648.4(a)(1) and specifically authorized in writing by the Regional
Administrator to do so, may transfer species other than regulated
species from one vessel to another vessel.
(2) Vessels issued a Federal multispecies permit under
Sec. 648.4(a)(1) may transfer only up to 500 lb (226.8 kg) of combined
small mesh multispecies per trip for use as bait from one vessel to
another, provided:
(i) The transferring vessel possesses a Federal multispecies permit
as specified under Sec. 648.4(a)(1);
(ii) The transferring vessel has a letter of authorization issued
by the Regional Administrator on board; and
(iii) The receiving vessel possesses a written receipt for any
small mesh multispecies purchased at sea.
* * * * *
(e) Vessels issued a letter of authorization from the Regional
Administrator to transfer small mesh multispecies at sea for use as
bait will automatically have 500 lb (226.8 kg) deducted from the
vessel's combined silver hake and offshore hake possession limit, as
specified under Sec. 648.86(c), for every trip during the participation
period specified on the letter of authorization, regardless of whether
or not a transfer of small mesh multispecies at sea occurred or whether
or not the actual amount that was transferred was less than 500 lb
(226.8 kg). This deduction will be noted on the
[[Page 49433]]
transferring vessel's letter of authorization from the Regional
Administrator.
* * * * *
6. In Sec. 648.14, paragraphs (a)(42), (a)(43), (b), (c)
introductory text, (c)(7) and (t) are revised, and paragraphs
(x)(4)(iii) and (z) are added to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(42) Fish within the areas described in Sec. 648.80(a)(4) with nets
of mesh smaller than the minimum size specified in Sec. 648.80(a)(2) or
Sec. 648.80(a)(4)(i)(B), and unless the vessel is issued and possesses
on board an authorizing letter issued under Sec. 648.80(a)(4)(i).
(43) Violate any of the provisions of Sec. 648.80, including
paragraphs (a)(3), the small mesh Northern shrimp fishery exemption
area; (a)(4), the Cultivator Shoals whiting fishery exemption area;
(a)(8), Small Mesh Area 1/Small Mesh Area 2; (a)(9), the Nantucket
Shoals dogfish fishery exemption area; (a)(11), the Nantucket Shoals
mussel and sea urchin dredge exemption area; (a)(12), the GOM/GB
monkfish gillnet exemption area; (a)(13), the GOM/GB dogfish gillnet
exemption area; (b)(3), exemptions (small mesh); (b)(5), the SNE
monkfish and skate trawl exemption area; (b)(6), the SNE monkfish and
skate gillnet exemption area; (b)(7), the SNE dogfish gillnet exemption
area; (b)(8), the SNE mussel and sea urchin dredge exemption area; or
(b)(9), the SNE little tunny gillnet exemption area. A violation of any
of these paragraphs in Sec. 648.80 is a separate violation.
* * * * *
(b) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it
is unlawful for any person owning or operating a vessel holding a
multispecies permit, issued an operator's permit, or issued a letter
under Sec. 648.4(a)(1)(i)(M)(3), to land, or possess on board a vessel,
more than the possession or landing limits specified in
Sec. 648.86(a),(b) and (c) or to violate any of the other provisions of
Sec. 648.86, unless otherwise specified in Sec. 648.17.
(c) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this
section, it is unlawful for any person owning or operating a vessel
issued a limited access multispecies permit or a letter under
Sec. 648.4(a)(1)(i)(M)(3), unless otherwise specified in Sec. 648.17 to
do any of the following:
* * * * *
(7) Possess or land per trip more than the possession or landing
limits specified under Sec. 648.86(a), (b), (c), (d) and under
Sec. 648.82(b)(3), if the vessel has been issued a limited access
multispecies permit.
* * * * *
(t) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) through (h) of this
section, it is unlawful for any person owning or operating a vessel
issued an open access multispecies permit to possess or land any
regulated species as defined in Sec. 648.2, or to violate any
applicable provisions of Sec. 648.88, unless otherwise specified in
Sec. 648.17.
* * * * *
(x) * * *
(4) * * *
(iii) All small mesh multispecies retained or possessed on a vessel
issued any permit under Sec. 648.4 are deemed to have been harvested
from the EEZ.
* * * * *
(z) Small mesh multispecies. (1) In addition to the general
prohibitions specified in Sec. 600.725 of this chapter and in paragraph
(a) of this section, and subject to paragraph (a)(32) of this section
it is unlawful for any person owning or operating a vessel issued a
Federal multispecies permit to land, offload, or otherwise transfer, or
attempt to land, offload, or otherwise transfer, small mesh
multispecies from one vessel to another in excess of the limits
specified in Sec. 648.13, unless both vessels fish exclusively in state
waters and neither vessel has been issued a multispecies permit.
(2) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section,
beginning May 1, 2002, it is unlawful for any vessel to do any of the
following:
(i) Fish with, use or have available for immediate use within the
areas described in Secs. 648.80(a), (b) and (c), nets of mesh whose
size is smaller than 3-in (7.62-cm), unless otherwise exempted pursuant
to Sec. 648.80(a)(7) or unless the vessel has not been issued a permit
under Sec. 648.4 and fishes exclusively in state waters.
(ii) If issued a Federal multispecies permit, land, or possess on
board a vessel, more than 10,000 lb (4,536 kg) of combined whiting and
offshore hake.
7. In Sec. 648.80, paragraphs (a)(3)(i), (a)(4)(i)(A) through
(a)(4)(i)(D), (a)(7), (a)(8)(i), (a)(9)(i)(D), (b)(3)(i), (c)(4),
(g)(1) and (g)(2)(i) are revised, and (a)(4)(i)(E) through
(a)(4)(i)(G), and (g)(4) are added to read as follows:
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
* * * * *
(a) * * *
(3) * * *
(i) Restrictions on fishing for, possessing, or landing fish other
than shrimp. (A) Until May 1, 2002, a vessel fishing in the northern
shrimp fishery described in this section under this exemption may not
fish for, possess on board, or land any species of fish other than
shrimp, except for the following, with the restrictions noted, as
allowable incidental species: Longhorn sculpin; combined silver hake
and offshore hake--up to an amount equal to the total weight of shrimp
possessed on board or landed, not to exceed 3,500 lb (1,588 kg); and
American lobster--up to 10 percent, by weight, of all other species on
board or 200 lobsters, whichever is less. Silver hake and offshore hake
on board a vessel subject to this possession limit must be separated
from other species of fish and stored so as to be readily available for
inspection.
(B) Beginning May 1, 2002, a vessel fishing for Northern shrimp may
not fish for, possess on board, or land any species of fish other than
shrimp, except for the following, with the restrictions noted, as
allowable incidental species: Longhorn sculpin; combined silver hake
and offshore hake--up to 100 lb (45.36 kg); and American lobster--up to
10 percent, by weight, of all other species on board or 200 lobsters,
whichever is less.
* * * * *
(4) * * *
(i) * * *
(A) A vessel fishing in the Cultivator Shoal Whiting Fishery under
this exemption must have a letter of authorization issued by the
Regional Administrator on board and is subject to the following:
(B) Until May 1, 2002, a vessel participating in this fishery may
not fish for, possess on board, or land any species of fish other than
whiting and offshore hake combined--up to a maximum of 30,000 lb
(13,608 kg), except for the following, with the restrictions noted, as
allowable incidental species: Herring; longhorn sculpin; squid;
butterfish; mackerel; dogfish, and red hake--up to 10 percent each, by
weight, of all other species on board; monkfish and monkfish parts--up
to 10 percent, by weight, of all other species on board or up to 50 lb
(23 kg) tail-weight/166 lb (75 kg) whole-weight of monkfish per trip,
as specified in Sec. 648.94(c)(4), whichever is less; and American
lobster--up to 10 percent, by
[[Page 49434]]
weight, of all other species on board or 200 lobsters, whichever is
less.
(C) Beginning May 1, 2002, a vessel fishing in the Cultivator Shoal
Whiting Fishery is subject to the mesh size restrictions specified in
paragraph (a)(4)(i)(D) of this section and may not fish for, possess on
board, or land any species of fish other than whiting and offshore hake
combined--up to a maximum of 10,000 lb (4,536 kg), except for the
allowable incidental species listed in paragraph (a)(4)(i)(B) of this
section.
(D) All nets must comply with a minimum mesh size of 3 in (7.62 cm)
square or diamond mesh applied to the first 100 meshes (200 bars in the
case of square mesh) counted from the terminus of the net for vessels
greater than 60 ft (18.28 m) in length and the first 50 meshes (100
bars in the case of square mesh) counted from the terminus of the net
for vessels less than or equal to 60 ft (18.28 m) in length.
(E) Fishing is confined to a season of June 15 through September
30, unless otherwise specified by notification in the Federal Register.
(F) When transiting through the GOM/GB Regulated Mesh Area
specified under paragraph (a)(1) of this section, any nets with a mesh
size smaller than the minimum mesh specified in paragraph (a)(2) of
this section must be stowed in accordance with one of the methods
specified in Sec. 648.23(b), unless the vessel is fishing for small
mesh multispecies under another exempted fishery specified in paragraph
(a) of this section during the course of the trip.
(G) A vessel participating in the Cultivator Shoal Fishery may fish
for small mesh multispecies in exempted fisheries outside of the
Cultivator Shoal Whiting Fishery Exemption Area, provided that the
vessel complies with the requirements specified in paragraph (a)(4)(i)
of this section for the entire trip.
* * * * *
(7) Addition or deletion of exemptions--(i)(A) Regulated
multispecies. An exemption may be added in an existing fishery for
which there are sufficient data or information to ascertain the amount
of regulated species bycatch, if the Regional Administrator, after
consultation with the NEFMC, determines that the percentage of
regulated species caught as bycatch is, or can be reduced to, less than
5 percent, by weight, of total catch and that such exemption will not
jeopardize fishing mortality objectives. In determining whether
exempting a fishery may jeopardize meeting fishing mortality
objectives, the Regional Administrator may take into consideration
various factors including, but not limited to, juvenile mortality. A
fishery can be defined, restricted, or allowed by area, gear, season,
or other means determined to be appropriate to reduce bycatch of
regulated species. An existing exemption may be deleted or modified if
the Regional Administrator determines that the catch of regulated
species is equal to or greater than 5 percent, by weight, of total
catch, or that continuing the exemption may jeopardize meeting fishing
mortality objectives. Notification of additions, deletions or
modifications will be made through issuance of a rule in the Federal
Register.
(B) Small mesh multispecies. Beginning May 1, 2002, an exemption
may be added in an existing fishery for which there are sufficient data
or information to ascertain the amount of small mesh multispecies
bycatch, if the Regional Administrator, after consultation with the
NEFMC, determines that the percentage of small mesh multispecies caught
as bycatch is, or can be reduced to, less than 10 percent, by weight,
of total catch and that such exemption will not jeopardize fishing
mortality objectives. In determining whether exempting a fishery may
jeopardize meeting fishing mortality objectives, the Regional
Administrator may take into consideration various factors including,
but not limited to, juvenile mortality. A fishery can be defined,
restricted, or allowed by area, gear, season, or other means determined
to be appropriate to reduce bycatch of small mesh multispecies. An
existing exemption may be deleted or modified if the Regional
Administrator determines that the catch of regulated species is equal
to or greater than 10 percent, by weight, of total catch, or that
continuing the exemption may jeopardize meeting fishing mortality
objectives. Notification of additions, deletions, or modifications will
be made through issuance of a rule in the Federal Register.
(ii) The NEFMC may recommend to the Regional Administrator, through
the framework procedure specified in Sec. 648.90(b), additions or
deletions to exemptions for fisheries, either existing or proposed, for
which there may be insufficient data or information for the Regional
Administrator to determine, without public comment, percentage catch of
regulated species or small mesh multispecies.
(8) * * *
(i)(A) Unless otherwise prohibited in Sec. 648.81, until May 1,
2002, a vessel subject to the minimum mesh size restrictions specified
in paragraph (a)(2) of this section may fish with or possess nets with
a mesh size smaller than the minimum size, provided the vessel complies
with the requirements of paragraphs (a)(3)(ii) or (a)(8)(iv) of this
section from July 15 through November 15 when fishing in Small Mesh
Area 1 and from January 1 through June 30 when fishing in Small Mesh
Area 2. A vessel may not fish for, possess on board, or land any
species of fish other than: Silver hake and offshore hake, butterfish,
dogfish, herring, mackerel, ocean pout, scup, squid and red hake,
except for the following allowable incidental species (bycatch as the
term is used elsewhere in this part) with the restrictions noted:
Longhorn sculpin; monkfish and monkfish parts--up to 10 percent, by
weight, of all other species on board or up to 50 lb (23 kg) tail-
weight/166 lb (75 kg) whole-weight of monkfish per trip, as specified
in Sec. 648.94(c)(4), whichever is less; and American lobster--up to 10
percent, by weight, of all other species on board or 200 lobsters,
whichever is less.
(B) Unless otherwise prohibited in Sec. 648.81, beginning May 1,
2002, in addition to the requirements specified in paragraph
(a)(8)(i)(A) of this section, vessels are subject to the mesh size
restrictions specified in paragraph (a)(4)(i)(D) of this section and
may not fish for, possess on board, or land any species of fish other
than: Silver hake and offshore hake--up to 10,000 lb (4,536 kg),
butterfish, dogfish, herring, mackerel, ocean pout, scup, squid and red
hake, except for the following allowable incidental species (bycatch as
the term is used elsewhere in this part) with the restrictions noted:
Longhorn sculpin; monkfish and monkfish parts--up to 10 percent, by
weight, of all other species on board or up to 50 lb (23 kg) tail-
weight/166 lb (75 kg) whole-weight of monkfish per trip, as specified
in Sec. 648.94(c)(4), whichever is less; and American lobster--up to 10
percent, by weight, of all other species on board or 200 lobsters,
whichever is less.
(C) Small mesh areas 1 and 2 are defined by straight lines
connecting the following points in the order stated (copies of a chart
depicting these areas are available from the Regional Administrator
upon request (see Table 1 to Sec. 600.502 of this chapter)):
------------------------------------------------------------------------
Small Mesh Area 1
-------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
SM1............................................. 43 deg.03' 70 deg.27'
SM2............................................. 42 deg.57' 70 deg.22'
SM3............................................. 42 deg.47' 70 deg.32'
SM4............................................. 42 deg.45' 70 deg.29'
SM5............................................. 42 deg.43' 70 deg.32'
[[Page 49435]]
SM6............................................. 42 deg.44' 70 deg.39'
SM7............................................. 42 deg.49' 70 deg.43'
SM8............................................. 42 deg.50' 70 deg.41'
SM9............................................. 42 deg.53' 70 deg.43'
SM10............................................ 42 deg.55' 70 deg.40'
SM11............................................ 42 deg.59' 70 deg.32'
SM1............................................. 43 deg.03' 70 deg.27'
Small Mesh Area 2
Point N. lat. W. long.
SM13............................................ 43 deg.05. 69 deg.55.
6' 0'
SM14............................................ 43 deg.10. 69 deg.43.
1' 3'
SM15............................................ 42 deg.49. 69 deg.40.
5' 0'
SM16............................................ 42 deg.41. 69 deg.40.
5' 0'
SM17............................................ 42 deg.36. 69 deg.55.
6' 0'
SM13............................................ 43 deg.05. 69 deg.55.
6' 0'
------------------------------------------------------------------------
* * * * *
(9) * * *
(i) * * *
(D)(1) Until May 1, 2002, the following species may be retained,
with the restrictions noted, as allowable incidental species in the
Nantucket Shoals Dogfish Fishery Exemption Area: Longhorn sculpin;
silver hake--up to 200 lb (90.72 kg); monkfish and monkfish parts--up
to 10 percent, by weight, of all other species on board or up to 50 lb
(23 kg) tail-weight/166 lb (75 kg) whole-weight of monkfish per trip,
as specified in Sec. 648.94(c)(4), whichever is less; American
lobster--up to 10 percent, by weight, of all other species on board or
200 lobsters, whichever is less; and skate or skate parts--up to 10
percent, by weight, of all other species on board.
(2) Beginning May 1, 2002, vessels are subject to the mesh size
restrictions specified in paragraph (a)(4)(i)(D) of this section and
may retain the allowable incidental species listed in paragraph
(a)(9)(i)(D)(1) of this section.
* * * * *
(b) * * *
(3) * * *
(i) Species exemptions. (A) Until May 1, 2002, vessels subject to
the minimum mesh size restrictions specified in paragraph (b)(2) of
this section may fish for, harvest, possess, or land butterfish,
dogfish (trawl only), herring, mackerel, ocean pout, scup, shrimp,
squid, summer flounder, silver hake and offshore hake, and weakfish
with nets of a mesh size smaller than the minimum size specified in the
SNE Regulated Mesh Area, provided such vessels comply with requirements
specified in paragraph (b)(3)(ii) of this section and with the mesh
size and possession limit restrictions specified under Sec. 648.86(c).
(B) Beginning May 1, 2002, vessels subject to the minimum mesh size
restrictions specified in paragraph (b)(2) of this section may not use
nets with mesh size less than 3 in (7.62 cm), unless exempted pursuant
to paragraph (b)(4) of this section, and may fish for, harvest,
possess, or land butterfish, dogfish (trawl only), herring, mackerel,
ocean pout, scup, shrimp, squid, summer flounder, silver hake and
offshore hake - up to 10,000 lb (4,536 kg), and weakfish with nets of a
mesh size smaller than the minimum size specified in the SNE Regulated
Mesh Area, provided such vessels comply with requirements specified in
paragraph (a)(4)(i)(D) and (b)(3)(ii) of this section and with the mesh
size and possession limit restrictions specified under Sec. 648.86.
* * * * *
(c) * * *
(4) Addition or deletion of exemptions. Same as paragraph (a)(7) of
this section.
* * * * *
(g) Restrictions on gear and methods of fishing--(1) Net
obstruction or constriction. Except as provided in paragraph (g)(4) of
this section, a fishing vessel shall not use any device or material,
including, but not limited to, nets, net strengtheners, ropes, lines,
or chafing gear, on the top of a trawl net subject to minimum mesh size
restrictions except that one splitting strap and one bull rope (if
present), consisting of line and rope no more than 3 in (7.62 cm) in
diameter, may be used if such splitting strap and/or bull rope does not
constrict in any manner the top of the trawl net. ``The top of the
trawl net'' means the 50 percent of the net that (in a hypothetical
situation) would not be in contact with the ocean bottom during a tow
if the net were laid flat on the ocean floor. For the purpose of this
paragraph, head ropes are not considered part of the top of the trawl
net.
(2) * * * (i) Except as provided in paragraph (g)(4) of this
section, a fishing vessel may not use any mesh configuration, mesh
construction, or other means on or in the top of the net subject to
minimum mesh size restrictions, as defined in paragraph (g)(1) of this
section, if it obstructs the meshes of the net in any manner.
* * * * *
(4) Net strengthener restrictions when fishing for small mesh
multispecies. A vessel fishing for small mesh multispecies in the GOM/
GB, SNE, or MA Regulated Mesh Areas as defined in paragraphs (a), (b),
and (c) of this section with nets of mesh size smaller than 2.5-in
(6.35-cm) may use a net strengthener provided that the net strengthener
complies with the provisions specified under Sec. 648.23(d).
* * * * *
8. In Sec. 648.86, paragraphs (c) and (d) are redesignated as
paragraphs (e) and (f) respectively and new paragraphs (c) and (d) are
added to read as follows:
Sec. 648.86 Possession restrictions.
* * * * *
(c) Small mesh multispecies until May 1, 2002. (1) Vessels issued a
valid Federal multispecies permit specified under Sec. 648.4(a)(1) are
subject to the following possession limits for small mesh multispecies:
(i) Mesh size smaller than 2.5 in (6.35 cm) and vessels without a
letter of authorization. Vessels fishing for, in possession of, or
landing small mesh multispecies with nets, or with nets on board that
have not been properly stowed, of mesh size smaller than 2.5 in (6.35
cm), and, vessels which have not been issued a letter of authorization
pursuant to paragraph (c)(1)(ii) or (c)(1)(iii) of this section may
possess on board and land up to only 3,500 lb (1,588 kg) of combined
silver hake and offshore hake. Silver hake and offshore hake on board a
vessel subject to this possession limit must be separated from other
species of fish and stored so as to be readily available for
inspection. The vessel is subject to applicable restrictions on gear,
area, and time of fishing specified in Sec. 648.80 and any other
applicable provision of this part.
(ii) Mesh size 2.5 in (6.35 cm) or greater. Vessels fishing for, in
possession of, or landing small mesh multispecies may possess on board
and land up to only 7,500 lb (3,402 kg) of combined silver hake and
offshore hake when fishing with nets with a minimum mesh size of 2.5 in
(6.35 cm) provided the vessel has a letter of authorization issued by
the Regional Administrator as described in paragraph (c)(2) of this
section requiring mesh size of at least 2.5 in (6.35 cm) to be used and
provided that any nets of mesh size smaller than 2.5 in (6.35 cm) have
not been used to catch such fish and are properly stowed pursuant to
Sec. 648.81(e). Silver hake and offshore hake on board a vessel subject
to this possession limit must be separated from other species of fish
and stored so as to be readily available for inspection. The vessel is
subject to applicable restrictions on gear, area, and time of fishing
specified in Sec. 648.80 and any other applicable provision of this
part.
(iii) Mesh size of 3 in (7.62 cm) or greater. Vessels fishing for,
in possession of, or landing small mesh multispecies may possess on
board and land up to only 30,000 lb (13,608 kg) of
[[Page 49436]]
combined silver hake and offshore hake when fishing with nets with a
minimum mesh size of 3 in (7.62 cm) provided the vessel has a letter of
authorization issued by the Regional Administrator as described in
paragraph (c)(2) of this section requiring mesh size of at least 3 in
(7.62 cm) to be used and provided that any nets of mesh size smaller
than 3 in (7.62 cm) have not been used to catch such fish and are
properly stowed pursuant to Sec. 648.81(e). Silver hake and offshore
hake on board a vessel subject to this possession limit must be
separated from other species of fish and stored so as to be readily
available for inspection. The vessel is subject to applicable
restrictions on gear, area, and time of fishing specified in
Sec. 648.80 and any other applicable provision of this part.
(2) Letter of authorization. Vessels fishing pursuant to paragraphs
(c)(1)(ii) or (c)(1)(iii) of this section must carry a letter of
authorization to fish in the minimum mesh size/possession limit
category on board the vessel. To request a letter of authorization,
vessel owners must call the Northeast Region Permit Office during
normal business hours and provide the vessel name, owner name, permit
number, the desired mesh size/possession limit category and the period
of time that the vessel would be enrolled. Since letters of
authorization would be effective on the date of receipt, vessel owners
should allow appropriate processing and mail time. Enrollment must be a
minimum of 30 days. To withdraw from a category, vessel owners must
call the Northeast Region Permit Office. Withdrawals would be effective
upon date of request. Withdrawals may occur after a minimum of 7 days
of enrollment in which case vessel owners may not re-enroll the vessel
in any mesh size/possession limit category until 30 days from the
original enrollment period have passed and are subject to a silver hake
and offshore hake possession limit of 3,500 lb (1,588 kg) regardless of
the mesh size in use. For example, if a vessel owner enrolls in the 3-
in (7.62 cm) mesh/30,000 (13,608 kg) lb possession limit category which
is effective October 1 and chooses November 30 as the end date but
withdraws on October 7 and enrolls in the possession limit category,
the vessel may not be re-enrolled in the 2.5-in (6.35 cm)/ 7,500 lbs
(3,402 kg) or 3-in mesh/30,000 lb (13,608 kg) possession limit category
until October 31.
(3) Possession limit for vessels participating in the Northern
shrimp fishery. Vessels participating in the Small mesh Northern Shrimp
Fishery exemption, as described in Sec. 648.80(a)(3) and issued a valid
Federal multispecies permit specified under Sec. 648.4(a)(1) may
possess and land silver hake and offshore hake, combined, up to an
amount equal to the weight of shrimp on board, not to exceed 3,500 lb
(1,588 kg). Silver hake and offshore hake on board a vessel subject to
this possession limit must be separated from other species of fish and
stored so as to be readily available for inspection.
(4) Possession restriction for vessels electing to transfer small
mesh multispecies at sea. Vessels issued a valid Federal multispecies
permit and issued a letter of authorization to transfer small mesh
multispecies at sea according to the provisions specified in
Sec. 648.13(b) will be subject to a combined silver hake and offshore
hake possession limit which is 500 lb (226.8 kg) less than the
possession limit the vessel would otherwise receive. This deduction
will be noted on the transferring vessel's letter of authorization from
the Regional Administrator.
(d) Small mesh multispecies beginning on May 1, 2002--(1) Federal
multispecies permit holders. A vessel issued a valid Federal
multispecies permit specified under Sec. 648.4 (a)(1) may possess on
board and land up to 10,000 lb (4,536 kg) of combined silver hake and
offshore hake. Silver hake and offshore hake on board a vessel subject
to this possession limit must be separated from other species of fish
and stored so as to be readily available for inspection. The vessel is
subject to restrictions on gear, area, and time of fishing specified in
Sec. 648.80 and any other applicable provision of this part.
(2) Possession limit for vessels participating in the Northern
shrimp fishery. Vessels participating in the Small Mesh Northern Shrimp
Fishery exemption, as described in Sec. 648.80(a)(3) and issued a valid
Federal multispecies permit specified under Sec. 648.4(a)(1) may
possess and land silver hake and offshore hake, combined, up to 100 lb
(45.36 kg). Silver hake and offshore hake on board a vessel subject to
this possession limit must be separated from other species of fish and
stored so as to be readily available for inspection.
(3) Possession restriction for vessels electing to transfer small
mesh multispecies at sea. Vessels issued a valid Federal multispecies
permit and issued a letter of authorization to transfer small mesh
multispecies at sea according to the provisions specified in
Sec. 648.13(b) will be subject to a combined silver hake and offshore
hake possession limit which is 500 lb (226.9 kg) less than the
possession limit the vessel would otherwise receive. This deduction
will be noted on the transferring vessel's letter of authorization from
the Regional Administrator.
* * * * *
9. In Sec. 648.90, paragraphs (a) introductory text, (a)(1) through
(a)(4), and (b)(1) are revised to read as follows:
Sec. 648.90 Framework specifications.
(a) Annual review. The Multispecies Monitoring Committee (MSMC)
shall meet on or before November 15 of each year to develop target TACs
for the upcoming fishing year and to develop options for NEFMC
consideration on any changes, adjustments, or additions to DAS
allocations, closed areas, or on other measures necessary to achieve
the NE Multispecies FMP goals and objectives. For the year 2000 and
thereafter, the MMC and the Whiting Monitoring Committee (WMC) shall
meet separately on or before November 15 of each year to develop
options for NEFMC consideration on any changes, adjustments, or on
additions to DAS allocations, if applicable, closed areas or other
measures necessary to achieve the NE Multispecies FMP goals and
objectives.
(1) The MSMC and WMC, as applicable, shall separately review
available data pertaining to: Catch and landings, discards, DAS, and
other measures of fishing effort, survey results, stock status, current
estimates of fishing mortality, and any other relevant information.
(2) Based on this review, the MSMC shall recommend target TACs and
develop options necessary to achieve the FMP goals and objectives,
which may include a preferred option. The WMC shall recommend
management options necessary to achieve FMP goals and objectives
pertaining to small mesh multispecies, which may include a preferred
option. The MSMC and WMC must demonstrate through analyses and
documentation that the options they develop are expected to meet the NE
Multispecies FMP goals and objectives. The MSMC and WMC may review the
performance of different user groups or fleet sectors in developing
options. The range of options developed by the MSMC or WMC may include
any of the management measures in the NE Multispecies FMP, including,
but not limited to: Annual target TACs, which must be based on the
projected fishing mortality levels required to meet the goals and
objectives outlined in the NE Multispecies FMP for the 10 regulated
species or small mesh multispecies; DAS changes; possession limits;
gear
[[Page 49437]]
restrictions; closed areas; permitting restrictions; minimum fish
sizes; recreational fishing measures; description and identification of
essential fish habitat (EFH), fishing gear management measures to
protect EFH, designation of habitat areas of particular concern within
EFH; and any other management measures currently included in the NE
Multispecies FMP. In addition, for the 2002 fishing year, the WMC must
consider, and recommend as appropriate, management options other than
the default measures for small mesh multispecies management (mesh and
possession limit restrictions for small mesh multispecies beginning May
1, 2002).
(3) The NEFMC shall review the recommended target TACs recommended
by the MSMC and all of the options developed by the MSMC and WMC, and
other relevant information, consider public comment, and develop a
recommendation to meet the NE Multispecies FMP objective pertaining to
regulated species or small mesh multispecies that is consistent with
other applicable law. If the NEFMC does not submit a recommendation
that meets the NE Multispecies FMP objectives and is consistent with
other applicable law, the Regional Administrator may adopt any option
developed by the MSMC or WMC, unless rejected by the NEFMC, as
specified in paragraph (a)(6) of this section, provided the option
meets the NE Multispecies FMP objectives and is consistent with other
applicable law.
(4) Based on this review, the NEFMC shall submit a recommendation
to the Regional Administrator of any changes, adjustments or additions
to DAS allocations (if applicable), closed areas or other measures
necessary to achieve the NE Multispecies FMP's goals and objectives.
Included in the NEFMC's recommendation will be supporting documents, as
appropriate, concerning the environmental and economic impacts of the
proposed action and the other options considered by the NEFMC.
* * * * *
(b) * * * (1) Adjustment process. (i) After a management action has
been initiated, the Council shall develop and analyze appropriate
management actions over the span of at least two Council meetings. The
Council shall provide the public with advance notice of the
availability of both the proposals and the analyses and opportunity to
comment on them prior to and at the second Council meeting. The
Council's recommendation on adjustments or additions to management
measures, other than to address gear conflicts, must come from one or
more of the following categories: DAS changes, effort monitoring, data
reporting, possession limits, gear restrictions, closed areas,
permitting restrictions, crew limits, minimum fish sizes, onboard
observers, minimum hook size and hook style, the use of crucifiers in
the hook-gear fishery, fleet sector shares, recreational fishing
measures, area closures and other appropriate measures to mitigate
marine mammal entanglements and interactions, description and
identification of essential fish habitat (EFH), fishing gear management
measures to protect EFH, designation of habitat areas of particular
concern within EFH, and any other management measures currently
included in the FMP. In addition, the Council's recommendation on
adjustments or additions to management measures pertaining to small
mesh multispecies, other than to address gear conflicts, must come from
one or more of the following categories: Quotas and appropriate
seasonal adjustments for vessels fishing in experimental or exempted
fisheries that use small mesh in combination with a separator trawl/
grate (if applicable), modifications to separator grate (if applicable)
and mesh configurations for fishing for small mesh multispecies,
adjustments to whiting stock boundaries for management purposes,
adjustments for fisheries exempted from minimum mesh requirements to
fish for small mesh multispecies (if applicable), season adjustments,
declarations, and participation requirements for the Cultivator Shoal
Whiting Fishery Exemption Area
(ii) Adjustment process for Whiting TACs and DAS. The Council may
develop recommendations for a Whiting DAS effort reduction program or a
Whiting TAC through the framework process outlined in paragraph (c)(1)
of this section only if these options are accompanied by a full set of
public hearings that span the area affected by the proposed measures in
order to provide adequate opportunity for public comment.
* * * * *
[FR Doc. 99-23488 Filed 9-10-99; 8:45 am]
BILLING CODE 3510-22-F
