[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Rules and Regulations]
[Pages 68164-68166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33022]
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DEPARTMENT OF COMMERCE
50 CFR Part 648
[Docket No. 960216032-6352-08; I.D. 112196D]
RIN 0648-AH70
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Small Mesh Area 2
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 modify the regulations
implementing the Northeast Multispecies Fishery Management Plan (FMP).
This rule modifies the size of Small Mesh Area 2, which is an exempted
small mesh fishing area located in the Gulf of Maine/Georges Bank (GOM/
GB) Regulated Mesh Area, by removing the northernmost portion from the
list of exempted fisheries. The intent of this action is to reduce the
bycatch of regulated multispecies in Small Mesh Area 2 so that it is
consistent with the conservation objectives of the fishery.
EFFECTIVE DATE: January 1, 1997.
ADDRESSES: Copies of Amendment 7 to the FMP, its regulatory impact
review (RIR), the regulatory flexibility analysis contained within the
RIR, and its final supplemental environmental impact statement, are
available upon request from Christopher Kellogg, Acting Executive
Director, New England Fishery Management Council (Council), 5 Broadway,
Saugus, MA 01906-1097. Copies of the environmental assessment (EA)
supporting this action may be obtained from Dr. Andrew A. Rosenberg,
Regional Administrator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery
Management Specialist, 508-281-9288.
[[Page 68165]]
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 and rebuild the primary stocks of regulated
multispecies. Among the specific measures is a bycatch control measure
that prohibits prosecution of any fishery for which NMFS has not
determined the bycatch level of regulated multispecies.
The bycatch control restriction is applied on a fishery-specific
basis in each of two regulated mesh areas: The GOM/GB Regulated Mesh
Area and the Southern New England (SNE) Regulated Mesh Area. A vessel
may not fish in these areas unless it is fishing under a multispecies
or scallop days-at-sea allocation, fishing with exempted gear, fishing
under the handgear or party/charter permit restrictions, or fishing in
an exempted fishery.
The procedure for adding or removing exempted fisheries is
described in Sec. 648.80 of the regulations governing the FMP. These
regulations state that additional fisheries may be exempted if, after
consultation with the New England Fishery Management Council, the
Regional Administrator, Northeast Region, NMFS, (Regional
Administrator) finds that there are sufficient data or information to
determine that the percentage of the bycatch of regulated multispecies
is, or can be reduced to, less than 5 percent, by weight, of the total
catch, and that such exemption will not jeopardize fishing mortality
objectives. This section also authorizes the Regional Administrator to
remove or modify existing exempted fisheries by imposing specific gear,
area, seasonal, or other limitations appropriate to reduce bycatch of
regulated multispecies.
On May 15, 1995, the Regional Administrator established a seasonal
small mesh fishing area within part of the GOM/GB Regulated Mesh Area
(60 FR 26841, May 19, 1995). This small mesh fishing area consists of
two subareas, Small Mesh Areas 1 and 2, and was established on the
basis that fishing in these areas was not likely to exceed the 5
percent bycatch allowance of regulated multispecies.
Subsequently, the Maine Fisheries Cooperative Association requested
that the Regional Administrator reexamine the establishment of Small
Mesh Area 2, since it felt that small mesh vessels were causing
unacceptable damage to the resource. The Regional Administrator
presented the industry request to the Council and, despite earlier data
showing that fishers using small mesh in Small Mesh Area 2 during
January through June exhibited less than a 5 percent bycatch of
regulated multispecies, several members of the Council insisted that
the fishery exceeded the maximum 5 percent bycatch of regulated
multispecies. The Council concurred with the industry request that the
Regional Administrator reexamine the area and stated it would support
further restrictions if the Regional Administrator found that the
bycatch was equal to or greater than 5 percent, by weight, of total
catch, or that continuing the exemption might jeopardize meeting
fishing mortality objectives.
After analyzing the available data and considering the gear used,
the area where the fishery occurred, and other relevant factors, the
Regional Administrator determined that the top third (northernmost
portion) of Small Mesh Area 2 does not meet the exemption qualification
requirements specified in Sec. 648.80(a)(7). This area is geophysically
distinct from the lower two-thirds of Small Mesh Area 2 in that it is
in shallower water. The elimination of the northern portion of the area
is consistent with the available data, which show that fishing activity
in the northern portion of Square Mesh Area 2 has exceeded the
allowable bycatch of regulated multispecies. Eligible vessels may
continue to participate in the fishery in the lower portion of Small
Mesh Area 2 from January through June.
Classification
The Regional Administrator determined that this final rule is
necessary for the conservation and management of the fishery and that
it is consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable law.
The Assistant Administrator for Fisheries, NOAA (AA), finds good
cause to waive prior notice and opportunity for comment under 5 U.S.C.
553(b)(B). Provisions under the FMP give the Regional Administrator
authority to add, delete, or modify exempted fisheries based on the
percentage of regulated species caught. Public meetings held by the
Council to discuss this modification to Small Mesh Area 2, provided
prior notice and opportunity for public comment to be made and
considered, making additional notice and opportunity for public comment
unnecessary. Further, the AA finds good cause to waive the 30-day delay
in effectiveness of this regulation under 5 U.S.C. 553(d)(3), because
fishing in the area when it opens January 1 with small mesh would
jeopardize the conservation objectives of the fishery. Specifically,
the FMP's goals to reduce regulated multispecies bycatch would be
jeopardized. NMFS will employ notification methods to fishery
participants and the affected public beyond notification by this
Federal Register notice (e.g., by letter, fax) so that they will not
unknowingly fish in violation of the area modification.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 23, 1996.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.80, paragraph (a)(8)(i) is revised to read as
follows:
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
* * * * *
(a) * * *
(8) Small Mesh Area 1/Small Mesh Area 2. (i) Vessels 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 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, except as specified in paragraph (a)(8)(ii) of this
section. A vessel may not fish for, possess on board, or land any
species of fish other than: Butterfish, dogfish, herring, mackerel,
ocean pout, scup, squid, silver hake, and red hake, except for the
following allowable bycatch species, with the restrictions noted:
Longhorn sculpin; monkfish and monkfish parts--up to 10 percent, by
weight, of all other species on board; and American lobster--up to 10
percent, by weight, of all other species on board or 200 lobsters,
whichever is less. These areas 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 Director upon request):
[[Page 68166]]
Small Mesh Area 1
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Point N. Lat. W. Long.
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SM1................................................. 43 deg.0
3' 70 deg.2
7'
SM2................................................. 42 deg.5
7' 70 deg.2
2'
SM3................................................. 42 deg.4
7' 70 deg.3
2'
SM4................................................. 42 deg.4
5' 70 deg.2
9'
SM5................................................. 42 deg.4
3' 70 deg.3
2'
SM6................................................. 42 deg.4
4' 70 deg.3
9'
SM7................................................. 42 deg.4
9' 70 deg.4
3'
SM8................................................. 42 deg.5
0' 70 deg.4
1'
SM9................................................. 42 deg.5
3' 70 deg.4
3'
SM10................................................ 42 deg.5
5' 70 deg.4
0'
SM11................................................ 42 deg.5
9' 70 deg.
d32'
SM1................................................. 43 deg.0
3' 70 deg.2
7'
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Small Mesh Area 2
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Point N. Lat. W. Long.
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SM13................................................ 43 deg.0
3.7' 70 deg.0
0'
SM14................................................ 43 deg.1
0.1' 69 deg.4
3.3'
SM15................................................ 42 deg.4
9.5' 69 deg.4
0'
SM16................................................ 42 deg.4
1.5' 69 deg.4
0'
SM17................................................ 42 deg.3
4.9' 70 deg.0
0'
SM13................................................ 43 deg.0
3.7' 70 deg.0
0'
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[FR Doc. 96-33022 Filed 12-23-96; 4:49 pm]
BILLING CODE 3510-22-P