[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Rules and Regulations]
[Pages 49144-49149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24810]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 970318056-7211-02; I.D. 080497C]
RIN 0648-AJ43
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 20
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule and correction.
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SUMMARY: NMFS issues this final rule to adopt as final, with minor
modifications for clarification purposes, the provisions of the interim
final rule implementing Framework Adjustment 20 to the Northeast
Multispecies Fishery Management Plan (FMP). The interim final rule
implemented several management measures necessary to meet the mortality
reduction goals of the FMP. The intent of this action is to address
comments submitted in response to the interim final rule. This document
also corrects the final rule published on March 3, 1997.
DATES: Effective September 18, 1997, except for Sec. 648.14(c)(10)
which is effective April 2, 1997.
ADDRESSES: Copies of Amendment 7 to the FMP, its regulatory impact
review (RIR) and the regulatory flexibility analysis contained within
the RIR, its final supplemental environmental impact statement, and
Framework Adjustment 20 documents are available on request from Paul J.
Howard, Executive Director, New England Fishery Management Council, 5
Broadway, Saugus, MA 01906-1097.
Comments regarding burden-hour estimates for the collection- of-
information requirement should be sent to Dr. Andrew A. Rosenberg,
Regional Administrator, Northeast Region, NMFS, 1 Blackburn Drive,
Gloucester, MA 01930, and the Office of Information and Regulatory
Affairs, Office of Management and Budget, Washington, DC 20503 (ATTN:
NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy
Analyst, 508-281-9252.
SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 7 to the
FMP became effective on July 1, 1996 (61 FR 27710, May 31, 1996). These
regulations implemented a comprehensive set of measures to control
fishing mortality by controlling fishing effort through days-at-sea
(DAS) allocations, and rebuild the primary stocks of regulated
multispecies. Additionally, a framework procedure was established which
requires the New England Fishery Management Council (Council) to
annually review the best scientific information available, set target
total allowable catches for the primary cod, haddock, and yellowtail
flounder stocks, and recommend management options to achieve the
objectives of the plan. The following summarizes the measures
implemented by the interim final rule and adopted as final, with minor
modifications, by this final rule.
To address the needed reductions for Gulf of Maine (GOM) cod, the
interim final rule, which became effective May 1, 1997 (62 FR 15381,
April 1, 1997, and corrected 62 FR 37154, July 11, 1997), established a
cod landing limit for vessels fishing on this stock. This landing limit
is 1,000 lb (453.6 kg) of GOM cod per day, or any part of a day, for
each of the first 4 days of a trip, and up to 1,500 lb (680.4 kg) of
GOM cod per day, or any part of a day, in excess of 4 days. To mitigate
discarding, vessels are allowed to retain cod in excess of the limit,
provided that they do not call out of the multispecies DAS program
until total DAS per trip correspond to the total allowable weight of
cod off-loaded per trip, and if, upon entering port, they report their
hailed weight of cod on board under a separate call-in system. Vessels
operating south of 42 deg.00' N. lat. for a minimum of 30 days are
exempt from the cod landing limit if they obtain and keep a NMFS-issued
exemption certificate on board the vessel.
The interim final rule also implemented a 1997 fishing year measure
that increases the landing limit of haddock, beginning September 1,
1997, to 1,000 lb (453.6 kg) per day, to a maximum of 10,000 lb
(4,536.0 kg) per trip. As a means of ensuring that landings are kept
below the 1,608 mt target TAC level for Georges Bank (GB) haddock, this
measure would revert to a 1,000 lb (453.6 kg) per trip possession limit
when 1,150 mt is projected to be reached. A notification would be
published in the Federal Register when the 1,000-lb (453.6 kg) trip
limit is reinstated.
The interim final rule also implemented a set of additional gillnet
restrictions requiring most multispecies gillnet vessels to declare
into either a Day or Trip gillnet category designation.
[[Page 49145]]
Trip gillnet category vessels are required to remove all gillnet gear
from the water before calling-out of the multispecies DAS program. Day
gillnet category vessels are limited to no more than 80 roundfish
gillnets or 160 flatfish gillnets and must mark the gear with NMFS-
authorized tags: Two tags per roundfish gillnet and one tag per
flatfish gillnet. In addition, Day gillnet category vessels must take a
total of 120 days out of the multispecies gillnet fishery in no less
than 7 consecutive-day increments and at least 21 of these days must be
taken between June 1 and September 30. DAS, for Day gillnet vessels,
will accrue at 15 hours for each trip between 3 and 15 hours.
The interim final rule modified two exempted fisheries. The first
modification allowed unlimited amounts of skate to be retained in the
current Southern New England (SNE) Monkfish Trawl Exemption Area south
of 40 deg.10' N. lat. The second modification prohibited the possession
of monkfish in the Small Mesh Northern Shrimp Fishery Exemption Area
and increased the allowable limit of silver hake (whiting) from two
totes to an amount equal to the weight of shrimp on board. In addition,
the interim rule exempted additional fisheries: A dredge fishery for
mussels and sea urchins in the current Nantucket Shoals Dogfish Fishery
Exemption Area and in the SNE Regulated Mesh Area; a seasonal gillnet
fishery for vessels fishing for monkfish and dogfish in a portion of
the GOM/GB Regulated Mesh Area; a year-round gillnet fishery for
vessels fishing for monkfish and skate in a portion of the SNE
Regulated Mesh Area; and a seasonal gillnet fishery for vessels fishing
for dogfish in a portion of the SNE Regulated Mesh Area.
Interested persons were invited to comment on the interim final
rule during the April 1, 1997, through May 1, 1997, comment period. The
comments received are addressed below (see Comments and Responses
section). NMFS issues this final rule to adopt as final, with minor
modifications, the provisions of the interim final rule implementing
Framework Adjustment 20 to the FMP. The modifications made are
administrative in nature and help clarify and enhance enforcement and
administration of the fishery management program.
Comments and Responses
Written comments on the interim final rule implementing Framework
20 were submitted by Cape Ann Gillnetters' Association, Maine
Gillnetters' Association, Cape Cod Hook Fishermen's Association, Inc.,
and one individual.
Comment 1: An association reminds NMFS that in the preamble to the
final rule implementing Amendment 7 to the FMP, NMFS states that
habitat and selectivity issues could be revisited through a future
management action, that research has shown mobile gear to have
observable effects on the ocean bottom, and that the Council has a role
in relation to habitat issues. Despite these acknowledgments by NMFS,
the association remarks that habitat and selectivity issues were not
addressed in Framework 20. The association contends that studies
involving fishing gear impacts should be considered in development of a
framework, and adds that this would be the risk averse approach to
take. Rather than waiting for essential fish habitat guidelines to be
finalized, the commenter suggests using the information already
available (and cites several of these sources) to restrict mobile gear
vessels.
Response: NMFS acknowledges that observable effects by mobile gear
have been demonstrated in some areas of the ocean, while little
discernable effect has been demonstrated in other areas. NMFS has
recently proposed guidelines to implement the essential fish habitat
provisions of the Magnuson-Stevens Act (62 FR 19723, April 23, 1997).
These guidelines propose that, in determining whether it is practicable
to minimize an adverse effect from fishing on essential fish habitat,
Fishery Management Councils should consider three things: Whether and
to what extent the fishing activity is adversely impacting the marine
ecosystem; the nature and extent of the adverse effect on essential
habitat; and whether the benefit to the habitat achieved by minimizing
the adverse effect justifies the cost to the fishery. The Council
intends to address habitat issues in the forthcoming amendment to the
Multispecies FMP that will implement the new essential fish habitat
requirements.
Comment 2: Two organizations comment that the cod trip limit
increase to 1,500 lb (680.4 kg) after the fourth day of a fishing trip
rewards larger vessels that are able to stay at sea for extended
periods and is, therefore, biased against small vessels, particularly
small gillnet vessels that fish in the GOM. The commenters contend that
this allocation ``is not fair and equitable,'' does not promote
conservation, and violates national standard 4.
Response: NMFS disagrees. To reduce fishing mortality on the GOM
cod stock, the trip limit was set at a level to discourage vessels,
particularly larger vessels, from targeting cod. Further, the increase
to 1,500 lb (680.4 kg) after the fourth day was established as an
incentive for larger vessels to fish offshore trips, offsetting
steaming and offshore costs while providing an indirect benefit to
small vessels that fish inshore. Based on this, NMFS determined that
this measure promotes conservation, is fair and equitable, and does not
violate national standard 4.
Comment 3: One individual requests that the cod trip limit be
rescinded in favor of closed areas. It is the commenter's belief that
trip limits will not conserve the resource, because the provision
regulates what a vessel lands and not what a vessel catches. The
commenter states that area closures are beneficial, because they
eliminate discarding and cheating, are easily enforceable, and create
essential fish habitat.
Response: The cod trip limit and some of the area closure options
considered were shown to have equivalent conservation effectiveness.
However, based on public comment raising concerns that closures may
inequitably affect small sectors of the fishery, closures were
rejected. The issue of discarding in relationship to the cod trip limit
was addressed by allowing larger amounts of codfish on trips greater
than 4 days and by allowing a vessel to land cod in excess of the trip
limit provided that the vessel does not call out of the DAS program to
end its trip until total DAS correspond to the total allowable weight
of cod harvested. Enforcement of area closures is not necessarily
easier than trip limits, because it requires a sea-based enforcement
presence.
Comment 4: One association and one individual comment that
administration and enforcement of the cod trip limit would be
difficult.
Response: Although the cod trip limit does increase NMFS'
administrative and enforcement burden, the program has been operational
since May 1, 1997, and NMFS Law Enforcement believes it can monitor
adherence to the regulations.
Comment 5: An association comments that the exemption from the cod
landing limit for vessels fishing south of 42 deg.00' N. lat. is unfair
to small vessels. The association states that larger vessels are
``being rewarded and encouraged to further destroy the cod population
which may or may not depend on both Georges's Bank and the GOM
simultaneously for its habitat needs.''
Response: NMFS does not consider this unfair. Although
inconvenient, smaller vessels wishing to fish on unlimited amounts of
cod could relocate to a port that is south of 42 deg.00' N. lat.
[[Page 49146]]
The Georges Bank and GOM cod stocks are separate stocks and the effects
incurred on one stock when fishing on the other are negligible.
Comment 6: Two associations contend that the gillnet fleet, has
contributed to effort reduction and that Framework Adjustment 20 is not
needed. One association contends that these measures were developed by
the Council based on a ``perceived inequity'' between gillnetters and
other gear sectors and that there was no real attempt to quantify
gillnet effort. The association adds that no determination was made
under Amendment 7 on the proportional effects on gear sectors. The
other association remarks that NMFS and the Council should implement
regulations that are fair and equitable, and that are ``based more on
stock impact by gear type and area.'' One association, referring to a
document that it previously commented on, contends that gillnet vessels
are treated unfairly as compared with otter trawl vessels, particularly
within the 5-22 ton tonnage class. The association states that,
according to this report, the baseline fleet allocation is far in
excess of the average number of days fished by the small dragger fleet.
The association further notes that the report appears to justify this
excess of days for the smaller fleet by acknowledging that larger
draggers are likely more responsible for contributing to the fishing
mortality reduction of the groundfish stocks.
Response: The fleet baseline allocation established under Amendment
5 was based on a fleet average. The fact that different tonnage classes
may be affected unequally by this fleet average has been acknowledged.
This is an issue that the Council could consider in another action.
Despite this, NMFS believes that the gillnet effort reduction measures
implemented under Framework Adjustment 20 are necessary, fair, and
consistent, to the extent possible, with the reductions imposed on
other fleet components.
The Council has been deliberating measures to reduce gillnet effort
commensurate with the reduction in other fleet since implementation of
Amendment 7 in July 1996. Rather than analyze each fleet sector and its
impacts on the resource individually, Amendment 7 strives to implement
effort reduction, or increases, proportionately across all sectors. The
Council determined that DAS reductions alone are not sufficient to
reduce gillnet effort because the gear typically remains in the water,
fishing while the vessel may be docked and not under a DAS.
Comment 7: An association questions the Council's Plan Development
Team's (PDT) reliance on weigh-out data to calculate gillnet effort and
claims that this data has proven to be unreliable in a previous study
by the Northeast Fisheries Science Center.
Response: To calculate a fleet DAS average for gillnet vessels, the
PDT examined the 1988-1990 NMFS weigh-out observer databases. Based on
this information, the PDT found that to achieve the 50 percent effort
reduction goal, gillnet vessels should not fish more than 80 days, or
very close to the 1997 allocation of 88 DAS. These data are considered
reliable, because they were collected by NMFS port agent interviews of
vessel captains or by NMFS observers on board commercial fishing
vessels.
Comment 8: A commenter states that net reductions may have many
beneficial results, including assisting in marine mammal concerns,
reducing gear conflicts, and reducing fishing effort. However, based on
a study entitled ``Analysis of the Sink Gillnet Fishery in the Gulf of
Maine and Adjacent Waters'' (DeAlteris and Lazar), the commenter states
that 120 is the average number of groundfish nets used. The commenter
further noted that based on the comments at Council hearings, 100-240
is the average number of nets used by flatfish fishers.
Response: The 80/160 net cap was developed by the Council's Gillnet
subcommittee and based on industry comment. Although the net cap may
result in a reduction for some segments of the fleet more than others,
the net cap is justified as a means of limiting uncontrolled growth and
standardizing gear usage by vessels.
Comment 9: Two associations remark that the effects of the marine
mammal reduction efforts on gillnet vessels have not been assessed,
which is contrary to the national standards and to the Council's
previous positions under Amendments 5 and 7.
Response: Framework Adjustment 20 did take into account the effect
of existing and proposed marine mammal protection measures and
determined that, on a fleet average, they contributed to a 1 percent
fishing mortality reduction for the 5 multispecies stocks of cod,
haddock, and yellowtail flounder.
Comment 10: Two associations oppose the required minimum blocks of
time out of the gillnet fishery. One association states that this will
affect the way gillnet fishers operate and will impose an economic
hardship on this fishery. The association suggests that NMFS require
time out of the gillnet fishery on a daily basis and not in 7-day
minimum blocks. The association further asserts that any enforcement
concerns should be alleviated by the net tagging requirement and
questions why daily removal of gillnet gear would be any more difficult
to enforce than for Trip Category gillnet vessels.
The other association contends there is no scientific basis for
requiring Day Category gillnet vessels to declare 21 days out of the
gillnet fishery during the summer months and recommends elimination of
this measure. The association notes that this sets a precedent for
reducing fishing effort on a gear sector based on seasonal
productivity, and may violate the national standard of fairness and
equity. The association states that many affected small gillnet
vessels, particularly vessels in the Northeast, fish primarily for
flatfish during this time of year and are unlikely to be responsible
for high catches of cod. Consequently, the association remarks, this
measure will have little conservation value. The association further
states that other fisheries are not available to the fleet during this
time, essentially creating 21 days of down time and placing an undue
economic burden on the inshore gillnet fleet.
Response: The 7-day minimum block enhances enforceability by
providing a disincentive for vessels to leave their gear in the water
when not under a DAS. A daily time-out system would be unadminsterable
and ineffective since it would be taken in the normal course of fishing
operations as a day off. Day gillnet vessels wishing to remove their
gear and fish under the Trip Category rules have the option to select
that category.
The purpose of the June through September period is to ensure the
effectiveness of the timeout provision; there would be little
conservation benefit if most vessels declared their 120 days out during
the winter months when most gillnetters are not fishing. This seasonal
restriction is necessary for the overall effort reduction plan to
reduce, not only cod, but multispecies fishing mortality, including
flatfish, by 50 percent.
NMFS disagrees that there are no opportunities to fish during the
21-day period out of the multispecies fishery during June through
September. During this time, vessels may continue to fish for
groundfish with gear other than gillnet gear, or fish in any of the
exempted fisheries currently allowed.
Comment 11: One association claims that the cod trip limit,
developed after the gillnet effort reduction measures, eliminates the
need for the 21-day
[[Page 49147]]
summer block out of the gillnet fishery. The association explains that
gillnet vessels are limited by how much cod they can take and, further,
are unable to fish in the cod exemption area by virtue of their limited
capacity.
Response: As mentioned in the previous comment, gillnet effort
reduction measures under Framework Adjustment 20 were implemented to
reduce multispecies gillnet effort on a level comparable to all other
gear sectors. The cod trip limit is a separate measure developed under
this framework to reduce fishing mortality on the GOM cod stock and
applies equally across all gear sectors.
Comment 12: An association suggests that a reduction of ``soak
time'' (i.e., the time gillnet gear is fishing in the water) should
replace the measure that counts any trip between 3 to 15 hours as 15
hours for Day gillnet vessels and asserts that this would alleviate a
regulatory burden by eliminating the need for vessels to report their
gear fished when calling the DAS program to start a trip. The
association contends that the 15-hour measure is unnecessary and places
an undue burden on small vessels, while providing no positive effect on
conservation. Additionally, the association notes that the method of
counting DAS for Day gillnet vessels encourages unsafe fishing
practices and is, therefore, contrary to the National Standards. The
association states that the 3-hour window, by which a vessel could
abort a trip and not be counted for a 15-hour trip, does not fully
address changing weather conditions. The association contends that
vessels, which may run into bad weather after one and half hours from
port, are encouraged to remain fishing since they would otherwise
forfeit a full day and suggest that DAS should be calculated hourly for
all vessels.
Response: The 15-hour provision was developed to further calibrate
gillnet DAS to the DAS of vessels using gear that either remains
attached to a vessel or is tended at all times by a vessel. NMFS
disagrees with the statement that this measure promotes unsafe fishing
practices. The 3-hour window was set based on public comment that 3
hours was an adequate amount of time needed to abort a trip due to
inclement weather or vessel breakdowns.
Comment 13: An association questions how days are counted for
gillnet vessels fishing with hook gear, or for draggers fishing with
gillnet gear.
Response: When fishing with gear other than gillnet gear, DAS are
counted as actual time to the nearest minute.
Comment 14: An association contends that the net tagging
requirement adds another financial burden to the small boat sector. The
association states that the gillnet tags are expensive and further
states that, should a vessel require replacement tags, the time needed
to clear a check for the cost of the replacements renders the vessel
unable to fish its untagged gear. The association states that these
tags need to be removable or a fisher is locked into fishing with one
mesh size.
Response: NMFS kept costs in mind when seeking a tag distributer.
The cost for vessel owners for the maximum number of tags mailed
directly to their respective places of business is less than $60.00.
For an additional $2.00, a ``quick'' replacement option is provided.
Under this option, NMFS will hold a supply of tags at the Northeast
Regional Office to be issued immediately upon request. All tags are
removable and reusable. A vessel owner must order a new series of tags
at the start of each fishing year.
Comment 15: One association comments that, should a vessel become
disabled, there is no provision in Framework Adjustment 20 that would
allow another vessel to tend or retrieve its gillnets.
Response: Infrequent occurrences such as the one cited by the
commenter are not always appropriate for regulatory action and can
better be addressed through the enforcement and administrative
procedures of the agency.
Changes in the Final Rule From the Final Interim Rule
As described above, this rule makes modifications to the final
interim rule primarily to help clarify and enhance enforcement and
administration of the fishery management program. In addition, a
redesignation is made to correct codified text. These changes are
listed below in the order that they appear in the regulations.
In Sec. 648.2, definitions for ``non-exempt gillnet fishery'' and
``non-exempt species'' are added.
In Sec. 648.14, paragraph (c)(9) is revised and made more explicit
by changing the phrase ``NE multispecies fishery'' to ``NE multispecies
DAS program.''
In Sec. 648.14, paragraph (c)(11) published at 62 FR 9377 on March
3, 1997, is redesignated as (c)(10) to correct an inadvertent error in
paragraph designation.
In Sec. 648.14, paragraphs (c)(20) and (c)(21) are added to enhance
enforcement of the provisions in Sec. 648.86(b)(1)(ii)(B) and
Sec. 648.82(k)(1)(iv), respectively.
In Sec. 648.80, paragraphs (a)(2)(iii) and (b)(2)(iii) are revised
to include the small vessel exemption, defined under Sec. 648.82(b)(3);
this was an inadvertent omission in the previous regulations.
In Sec. 648.80, paragraphs (a)(11) and (b)(8) are revised to
explain the method by which mussel dredge gear is measured.
In Sec. 648.82, paragraph (g) is revised by replacing the words
``regulated NE multispecies fishery'' with the words ``NE multispecies
DAS program'' and to clarify that a vessel may not fish for, possess,
or land any species of fish, unless exempt, when taking its required
20-day spawning block out of the NE multispecies DAS program.
In Sec. 648.82, paragraph (h) is clarified by replacing the words
``NE multispecies fishery'' with the words ``NE multispecies DAS
program,'' and to reflect that a Day gillnet category vessel must
declare its 120 days out of the non-exempt gillnet fishery by using the
notification requirements specified in Sec. 648.10.
In Sec. 648.82, paragraph (k)(1)(ii) is revised to clarify that a
vessel is required to tag its gillnet gear only when participating
under a NE multispecies DAS.
In Sec. 648.82, paragraph (k)(1)(iv)(A) is revised by replacing the
words ``multispecies gillnet fishery'' with the words ``non-exempt
gillnet fishery'' to reflect that a vessel may not fish with gillnet
gear, unless exempt, when declared out of the gillnet fishery.
Under NOAA Administrative Order 205-11, 7.01, dated
December 17, 1990, the Under Secretary for Oceans and Atmosphere
has delegated to the Assistant Administrator for Fisheries, NOAA (AA),
the authority to sign material for publication in the Federal Register.
Classification
The Administrator, Northeast Region, NMFS, determined that
Framework 20 is necessary for the conservation and management of the NE
multispecies fishery and that it is consistent with the Magnuson-
Stevens Act and other applicable laws.
This rule adopts as final, with minor modifications, the provisions
of Framework Adjustment 20 previously implemented by the interim final
rule. As there were no significant changes made to the interim final
rule and no requirement to promulgate a proposed rule, no regulatory
flexibility analysis was done. Nevertheless, this action does not
significantly increase the impact beyond the scope of impact on small
entities already analyzed, discussed and described in Amendments 5 and
7 to the FMP.
Notice and opportunity for public comment was provided before and
after
[[Page 49148]]
publishing the interim final rule that this rule adopts as final.
Therefore, the AA, under 5 U.S.C. 553(b)(B), finds for good cause that
additional prior notice and opportunity for public comment is
unnecessary. Because regulations implemented by this final rule are
currently in effect and because the public is already knowledgeable of
these provisions, the AA, under 5 U.S.C. 553(d)(3), finds for good
cause that delaying for 30 days the effectiveness of this rule as
unnecessary.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
This final rule contains seven collection-of-information
requirements which were new collections implemented under the interim
final rule. Emergency approval under the Paperwork Reduction Act for
collection of this information under the interim rule was provided by
the Office of Management and Budget (OMB), under OMB Control Number
0648-0202. A follow-up submission of this collection-of-information
requirement has been approved by OMB, under the same control number.
The estimated response times are as follows:
1. Declaration into the Trip or Day Gillnet vessel category and
request for initial gillnet tags will require written declaration (5
minutes/response).
2. Request for additional tags will require written declaration (2
minutes/response).
3. Notification of lost tags and request for replacement tags will
require written response (2 minutes/response).
4. Attachment of tags to gillnet gear will require additional
burden (1 minute/response).
5. Declaration of 120 days out of the gillnet fishery in minimum
blocks of 7 days will require vessel notification (3 minutes/response).
6. Reporting of cod catch on board or off-loaded for vessels
fishing north of 42 deg.00' N. lat. will require vessel notification (3
minutes/response).
7. Declaration that a vessel will fish south of 42 deg.00' N. lat.
while fishing under a NE multispecies DAS will require vessel
notification (2 minutes/per response).
This final rule also restates preexisting information requirements
that had been approved by OMB under the PRA and that are needed for the
implementation of Framework Adjustment 20. These preexisting
information requirements were approved under OMB control number 0648-
0202. Their estimated response times are as follows:
1. Requirement to provide a vendor installation receipt with a
permit application if the applicant opts to use a VTS (2 minutes/
response).
2. Call-in requirement for vessels under a DAS upon return to port
(2 minutes/response).
3. Call-in requirement for vessels subject to the spawning season
restriction (2 minutes/response).
The estimated response time includes the time needed for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection-of-information. Send comments regarding any of these burden
estimates or any other aspect of the collection-of-information to NMFS
and to OMB (see ADDRESSES).
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 12, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, the interim final rule
amending 15 CFR part 902 and 50 CFR part 648, which was published at 62
FR 15381 on April 1, 1997, and a correction document amending 50 CFR
part 648, which was published at 62 FR 37154 on July 11, 1997, are
adopted as a final rule with the following changes:
50 CFR CHAPTER VI
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, definitions for ``Non-exempt gillnet fishery''
and ``Non-exempt species'' are added, in alphabetical order, to read as
follows:
Sec. 648.2 Definitions.
* * * * *
Non-exempt gillnet fishery means a fishery which uses gillnet gear
capable of catching multispecies.
Non-exempt species means species of fish not included under the
GOM/GB and SNE Regulated Mesh Area exempted fisheries, as specified in
Sec. 648.80(a)(3), (a)(4), (a)(8) through (13), (b)(3)(i) and (ii),
(b)(5) through (8), and (d), (e), (h), and (i).
* * * * *
3. In Sec. 648.14, paragraph (c)(9) is revised, paragraph (c)(11)
published at 62 FR 9377 on March 3, 1997, is corrected by redesignating
it as (c)(10), and paragraphs (c)(20) and (21) are added to read as
follows:
Sec. 648.14 Prohibitions.
* * * * *
(c) * * *
(9) Fail to declare, and be, out of the NE multispecies DAS program
as required by Sec. 648.82(g), using the procedure described under
Sec. 648.82(h), as applicable.
* * * * *
(20) Fail to comply with the provisions of the cod hail weight
notification specifications specified in Sec. 648.86(b)(1)(ii)(B).
(21) Fail to declare, and be, out of the non-exempt gillnet fishery
as required by Sec. 648.82(k)(1)(iv), using the procedure described
under Sec. 648.82(h), as applicable.
* * * * *
4. In Sec. 648.80, paragraphs (a)(2)(iii), (a)(11), (b)(2)(iii) and
(b)(8) are revised to read as follows:
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
* * * * *
(a) * * *
(2) * * *
(iii) Other restrictions and exemptions. Vessels are prohibited
from fishing in the GOM/GB Regulated Mesh Area except if fishing with
exempted gear (as defined under this part) or under the exemptions
specified in paragraphs (a)(3), (a)(4), (a)(6), (a)(8) through (13),
(d), (e), (h), and (i) of this section, if fishing under a NE
multispecies DAS, if fishing under the small vessel exemption specified
in Sec. 648.82((b)(3), if fishing under the scallop state waters
exemptions specified in Sec. 648.54 and (a)(10) of this section, or if
fishing pursuant to a NE multispecies open access Charter/Party or
Handgear permit. Any gear on a vessel, or used by a vessel, in this
area must be authorized under one of these exemptions or must be stowed
as specified in Sec. 648.81(e).
* * * * *
(11) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area.
A vessel may fish with a dredge in the Nantucket Shoals Mussel and Sea
Urchin Dredge Exemption Area,
[[Page 49149]]
provided that any dredge on board the vessel does not exceed 8 ft (2.44
m) measured at the widest point in the bail of the dredge, and the
vessel does not fish for, harvest, possess, or land any species of fish
other than mussels and sea urchins. The area coordinates of the
Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area are the
same coordinates as those of the Nantucket Shoals Dogfish Fishery
Exemption Area specified under paragraph (a)(9) of this section.
* * * * *
(b) * * *
(2) * * *
(iii) Other restrictions and exemptions. Vessels are prohibited
from fishing in the SNE Regulated Mesh Area except if fishing with
exempted gear (as defined under this part) or under the exemptions
specified in paragraphs (b)(3), (b)(5) through (8), (c), (e), (h), and
(i) of this section, if fishing under a NE multispecies DAS, if fishing
under the small vessel exemption specified in Sec. 648.82(b)(3), if
fishing under the scallop state waters exemption specified in
Sec. 648.54, or if fishing pursuant to a NE multispecies open access
Charter/Party or Handgear permit. Any gear on a vessel, or used by a
vessel, in this area must be authorized under one of these exemptions
or must be stowed as specified in Sec. 648.81(e).
* * * * *
(8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish
with a dredge in the SNE Regulated Mesh Area, provided that any dredge
on board the vessel does not exceed 8 ft (2.44 m) measured at the
widest point in the bail of the dredge, and the vessel does not fish
for, harvest, possess, or land any species of fish other than mussels
and sea urchins.
* * * * *
5. In Sec. 648.82, paragraphs (g), (h), (k)(1)(ii), and
(k)(1)(iv)(A) are revised to read as follows:
Sec. 648.82 Effort-control program for limited access vessels.
* * * * *
(g) Spawning season restrictions. A vessel issued a valid Small
Vessel permit under paragraph (b)(3) of this section may not fish for,
possess, or land regulated species from March 1 through March 20 of
each year. Any other vessel issued a limited access multispecies permit
must declare out and be out of the NE multispecies DAS program, as
described in paragraph (b) of this section, for a 20-day period between
March 1 and May 31 of each calendar year using the notification
requirements specified in Sec. 648.10. A vessel fishing under a Day
gillnet category designation is prohibited from fishing with gillnet
gear capable of catching multispecies during its declared 20-day
spawning block, unless the vessel is fishing in an exempted fishery as
described in Sec. 648.80. If a vessel owner has not declared and been
out for a 20-day period between March 1 and May 31 of each calendar
year on or before May 12 of each year, the vessel is prohibited from
fishing for, possessing or landing any regulated species or non-exempt
species during the period May 12 through May 31, inclusive. If a vessel
has taken a spawning season 20-day block out of the NE multispecies DAS
program during May 1996, it is not required to take a 20-day block out
of the NE multispecies DAS program in 1997. Beginning January 1, 1998,
any such vessel must comply with the spawning season restriction
specified in this part.
(h) Declaring DAS and blocks of time out. A vessel's owner or
authorized representative shall notify the Regional Administrator of a
vessel's participation in the DAS program, declaration of its 120 days
out of the non-exempt gillnet fishery if designated as a Day gillnet
category vessel, and declaration of its 20-day period out of the NE
multispecies DAS program, using the notification requirements specified
in Sec. 648.10.
* * * * *
(k) * * *
(1) * * *
(ii) Tagging requirements. Beginning June 1, 1997, when under a NE
multispecies DAS, all groundfish 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.
* * * * *
(iv) * * *
(A) During each fishing year, vessels must declare, and take, a
total of 120 days out of the non-exempt gillnet fishery. Each period of
time declared and taken must be a minimum of 7 consecutive days. At
least 21 days of this time must be taken between June 1 and September
30 of each fishing year. The spawning season time out period required
by Sec. 648.82(g) will be credited toward the 120 days time out of the
non-exempt gillnet fishery. If a vessel owner has not declared and
taken, any or all of the remaining periods of time required by the last
possible date to meet these requirements, the vessel is prohibited from
fishing for, possessing, or landing regulated multispecies or non-
exempt species harvested with gillnet gear, and from having gillnet
gear on board the vessel that is not stowed in accordance with
Sec. 648.81(e)(4), while fishing under a multispecies DAS, from that
date through the end of the period between June 1 and September 30, or
through the end of the fishing year, as applicable.
* * * * *
[FR Doc. 97-24810 Filed 9-18-97; 8:45 am]
BILLING CODE 3510-22-F
