[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13518]
[[Page Unknown]]
[Federal Register: June 3, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 625
[Docket No. 940241-4155; I.D. 013194A]
RIN 0648-AG00
Summer Flounder Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement Amendment 6 to the
Fishery Management Plan for the Summer Flounder Fishery (FMP). This
amendment modifies the minimum mesh-size requirement, the schedule for
establishing the annual recreational fishery management measures, and
the dimensions of the fish box or tote; provides for an experimental
fishery; and prohibits the use of twisted mesh and interference with
observers and sea samplers. The intended effects are to minimize the
effects of regulatory restrictions on industry, and to use the best
available data to assess the fishery, without compromising the FMP
objective to rebuild the stocks of summer flounder.
DATES: Sections 625.8(a)(6) and (a)(7), the removal of paragraph (c) of
Sec. 625.24, the redesignation of paragraphs (d) and (e) of Sec. 625.24
as paragraphs (c) and (d), Sec. 625.24(f), and Sec. 625.25(d) are
effective May 31, 1994. Sections 625.8(c)(9) and (e), 625.20(c),
625.24(e), and 625.28 are effective July 5, 1994.
ADDRESSES: Copies of Amendment 6, the environmental assessment, the
regulatory impact review (RIR), and initial regulatory flexibility
analysis (IRFA) are available from David R. Keifer, Executive Director,
Mid-Atlantic Fishery Management Council, Room 2115 Federal Building,
300 S. New Street, Dover, DE 19901-6790.
FOR FURTHER INFORMATION CONTACT: Myles Raizin, Resource Policy Analyst,
508-281-9104.
SUPPLEMENTARY INFORMATION:
Background
Amendment 6 was prepared by the Mid-Atlantic Fishery Management
Council (Council) in consultation with the Atlantic States Marine
Fisheries Commission and the New England and South Atlantic Fishery
Management Councils. A proposed rule to implement the amendment was
published in the Federal Register on February 23, 1994 (59 FR 8592).
Copies of the amendment are available from the Council upon request
(see ADDRESSES). The amendment revises management of the summer
flounder (Paralichthys dentatus) fishery pursuant to the Magnuson
Fishery Conservation and Management Act, as amended (Magnuson Act).
Background concerning the development of the management measures
contained in Amendment 6 and the reasons they were adopted by the
Council were provided in the preamble of the proposed rule and are not
repeated here.
NMFS approved Amendment 6, which allows vessel operators to: (1)
Carry nets with different size mesh on board their vessels; and (2)
exceed the minimum-mesh seasonal summer flounder threshold amounts, as
long as all nets that do not meet the minimum-mesh requirement are
appropriately stowed once the threshold amounts of summer flounder are
retained. Once stowed, these nets cannot be used for the remainder of
the fishing trip.
NMFS is also implementing a regulation that allows the Director,
Northeast Region, NMFS (Regional Director), to authorize an
experimental fishery to collect management information in certain
circumstances to give effect to section 9.4.2 of the FMP regarding
information and data needs. The Council is particularly interested in
having additional mesh studies conducted to augment the results of the
mesh studies done in New York and New Jersey. However, the Council was
firm in its intent that no experimental fishery should result in a
quota being exceeded. This restriction maintains the integrity of the
mortality reduction schedule for summer flounder, the main objective of
Amendment 2.
This rule also implements a prohibition on the use of twisted mesh.
Nets constructed of twisted mesh, when towed, do not conform to the
minimum-mesh requirement and violate the prohibition found at
Sec. 625.8(a)(6). The addition of this prohibition conforms the summer
flounder regulations with the Northeast multispecies regulations found
at 50 CFR part 651. Such conformity is desirable since multispecies and
summer flounder can be caught on the same fishing trip. The Council
adopted another provision that is also implemented in this final rule
which modifies the dimensions of the fish box or tote, referred to in
Sec. 625.25(d), to conform to those used in the Northeast multispecies
regulations.
This rule revises the prohibition found at Sec. 625.8(c)(9) to
prohibit interference with a sea sampler or observer on board a vessel
for any purpose, and not just for the activities under Secs. 625.26 and
625.27, as currently expressed in this prohibition. Observers placed on
board a vessel engaged in an experimental fishery should have the same
protection afforded to other observers and sea samplers.
NMFS is also modifying the annual fishing measures schedule found
at Sec. 625.20(c). The date on which recreational fishing measures are
to be published in the Federal Register is changed to February 15 to
allow recreational fishery data from the previous year to be included
in the assessment and monitoring process. The total allowable removals
from the stock, which are translated into a coastwide commercial quota
and a recreational harvest limit, as well as additional measures for
the commercial fishery, must be published on or before October 15 of
each year. This is the latest date that these measures can be announced
in the form of a proposed rule or a proposed specification and still
allow the states an opportunity to implement them on January 1 of each
year. Marine recreational survey data, which allow the recreational
harvest limit to be converted into a possession limit and a
recreational fishing season, are not available until late each calendar
year.
Comments and Responses
One comment in support of Amendment 6 was received during the
public comment period. The commenter believed that the amendment is a
vital part of the preservation of the mixed trawl fishery and will
contribute to the overall safety of vessels participating in the
fishery. NMFS agrees with these comments.
No negative comments were received during the public comment
period.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
When this rule was proposed, the General Counsel of the Department
of Commerce certified to the Small Business Administration that this
rule, if adopted as proposed, would not have a significant economic
impact on a substantial number of small entities for the reasons set
forth in the RIR prepared by the Council. A copy of the RIR may be
obtained from the Council (see ADDRESSES). As a result, an IRFA was not
prepared.
Sections 625.8(a)(6) and (a)(7), the removal of paragraph (c) of
Sec. 625.24, redesignation of paragaphs (d) and (e) of 625.24 as
paragraphs (c) and (d), Sec. 625.24(f), and Sec. 625.25(d) are
effective immediately. Sections 625.8(a)(6) and (a)(7), the removal of
paragraph (c) of Sec. 625.24, Sec. 625.24(f), and Sec. 625.25(d)
relieve restrictions on the fishery by allowing more than one net on
board, if properly stowed, or allow varying amounts of summer flounder
on board, or both, and under section 553(d)(1) of the Administrative
Procedure Act (APA), are not subject to a 30-day delay in effective
date. The redesignation of paragraphs (d) and (e) to paragraphs (c) and
(d) in Sec. 625.24 is not substantive and under section 553(d) is not
subject to a 30-day delay in effective date.
List of Subjects in 50 CFR Part 625
Fisheries, Reporting and recordkeeping requirements.
Dated: May 27, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR Part 625 is amended
to read as follows:
PART 625--SUMMER FLOUNDER FISHERY
1. The authority citation for part 625 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Section 625.8, paragraphs (a)(6), (a)(7), and (c)(9) are revised
and a new paragraph (e) is added to read as follows:
Sec. 625.8 Prohibitions.
(a) * * *
(6) Fish with or possess nets or netting that do not meet the
minimum mesh requirement, or that are modified, obstructed or
constricted, if subject to the minimum mesh requirement specified in
Sec. 625.24, unless the nets or netting are stowed in accordance with
Sec. 625.24(f);
(7) Fish with or possess nets or netting that do not meet the
minimum mesh requirement, or that are modified, obstructed or
constricted, if fishing with an exempted net described in Sec. 625.24,
unless the nets or netting are stowed in accordance with
Sec. 625.24(f);
* * * * *
(c) * * *
(9) Assault, resist, oppose, impede, harass, intimidate, or
interfere with or bar by command, impediment, threat, coercion or
refusal of reasonable assistance to an observer or sea sampler
conducting his or her duties aboard a vessel; or
* * * * *
(e) It is unlawful for any person to violate any terms of a letter
authorizing experimental fishing pursuant to Sec. 625.28 or to fail to
keep such letter aboard the vessel during the time period of the
experimental fishing.
3. Section 625.20, paragraph (c) is revised to read as follows:
Sec. 625.20 Catch quotas and other restrictions.
* * * * *
(c) Annual fishing measures. The Demersal Species Committee shall
review the recommendations of the Summer Flounder Monitoring Committee.
Based on these recommendations and any public comment, the Demersal
Species Committee shall make its recommendations to the Council with
respect to the measures necessary to assure that the applicable fishing
mortality rate specified in paragraph (a) of this section is not
exceeded. The Council shall review these recommendations. Based on
these recommendations, and any public comment, the Council shall make
recommendations to the Regional Director with respect to the measures
necessary to assure that the fishing mortality rates specified in
paragraph (a) of this section are not exceeded. Included in the
recommendation will be supporting documents, as appropriate, concerning
the environmental and economic impacts of the proposed action. The
Regional Director will review these recommendations and any
recommendations of the Commission. After such review, the Regional
Director will publish in the Federal Register a proposed rule by
October 15 to implement a coastwide commercial quota and recreational
harvest limit and additional management measures for the commercial
fishery, and will publish in the Federal Register a proposed rule by
February 15 to implement additional management measures for the
recreational fishery, if he determines that these measures are
necessary to assure that the fishing mortality rates specified in
paragraph (a) of this section are not exceeded. After considering
public comment on a proposed rule, the Regional Director will publish a
final rule in the Federal Register to implement the measures necessary
to assure that the fishing mortality rates specified in paragraph (a)
of this section are not exceeded.
* * * * *
4. Section 625.24, is amended by removing paragraph (c), by
redesignating paragraphs (d) and (e) as paragraphs (c) and (d), and by
adding new paragraphs (e) and (f) to read as follows:
Sec. 625.24 Gear restrictions.
* * * * *
(e) Mesh obstruction or constriction. (1) A fishing vessel may not
use any mesh configuration, mesh construction, or other means on or in
the top of the net, as defined in paragraph (d) of this section, which
obstructs the meshes of the net in any manner.
(2) No person on any vessel may possess or fish with a net capable
of catching summer flounder in which the bars entering or exiting the
knots twist around each other.
(f) Stowage of nets. Otter trawl vessels retaining 100 lb (45.3 kg)
or more of summer flounder from May 1 through October 31 or 200 lb
(90.6 kg) or more of summer flounder from November 1 through April 30
that are subject to the minimum mesh size may not have ``available for
immediate use'' any net, or any piece of net, not meeting the minimum
mesh size requirement, or any net, or any piece of net, with mesh that
is rigged in a manner that is inconsistent with the minimum mesh size.
A net that conforms to one of the following specifications, and that
can be shown not to have been in recent use, is considered not to be
``available for immediate use'':
(1) A net stowed below deck, provided:
(i) It is located below the main working deck from which the net is
deployed and retrieved;
(ii) The towing wires, including the ``leg'' wires, are detached
from the net;
(iii) It is fan-folded (flaked) and bound around its circumference.
(2) A net stowed and lashed down on deck, provided:
(i) It is fan-folded (flaked) and bound around its circumference;
(ii) It is securely fastened to the deck or rail of the vessel; and
(iii) The towing wires, including the leg wires, are detached from
the net.
(3) A net that is on a reel and is covered and secured, provided:
(i) The entire surface of the net is covered with canvas or other
similar material that is securely bound;
(ii) The towing wires, including the leg wires, are detached from
the net; and
(iii) The codend is removed from the net and stored below deck.
(4) Nets that are secured in a manner approved by the Regional
Director, provided that the Regional Director has reviewed the
alternative manner of securing nets and has published that alternative
in the Federal Register.
5. Section 625.25, paragraph (d) is revised to read as follows:
Sec. 625.25 Possession limit.
* * * * *
(d) Owners and operators of otter trawl vessels issued a permit
under Sec. 625.4, that fish with, or possess nets or pieces of net on
board, that do not meet the minimum mesh requirements and that are not
stowed in accordance with Sec. 625.24(f), may not retain 100 lb (45.3
kg) or more of summer flounder from May 1 through October 31, or 200 lb
(90.6 kg) or more of summer flounder from November 1 through April 30.
Summer flounder on board these vessels must be stored, so as to be
readily available for inspection, in standard 100-lb (45.3 kg) totes or
fish boxes having a liquid capacity of 18.2 gallons (70 liters), or a
volume of not more than 4,320 cubic inches (2.5 cubic feet or 70.79
cubic cm).
* * * * *
6. Section 625.28 is added to read as follows:
Sec. 625.28 Experimental fishery.
(a) The Regional Director, in consultation with the Executive
Director of the Council, may exempt any person or vessel from the
requirements of this part for the conduct of experimental fishing
beneficial to the management of the summer flounder resource or
fishery.
(b) The Regional Director may not grant such exemption unless he/
she determines that the purpose, design, and administration of the
exemption is consistent with the objectives of the FMP, the provisions
of the Magnuson Act, and other applicable law, and that granting the
exemption will not:
(1) Have a detrimental effect on the summer flounder resource and
fishery; or
(2) Cause any quota to be exceeded; or
(3) Create significant enforcement problems.
(c) Each vessel participating in any exempted experimental fishing
activity is subject to all provisions of this FMP except those
necessarily relating to the purpose and nature of the exemption. The
exemption will be specified in a letter issued by the Regional Director
to each vessel participating in the exempted activity. This letter must
be carried aboard the vessel seeking the benefit of such exemption.
[FR Doc. 94-13518 Filed 5-31-94; 1:57 pm]
BILLING CODE 3510-22-P