[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45965-45966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23169]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 980724194-8194-01; I.D. 072098B]
RIN 0648-AL37
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Cultivator Shoal Whiting 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 modify the regulations
implementing the Northeast Multispecies Fishery Management Plan (FMP).
This rule adds herring to the list of species that may be fished for,
possessed on board or landed incidental to whiting in the Cultivator
Shoal Whiting Fishery Exemption Area. The intent of this action is to
maximize fishing opportunities in a manner that is consistent with the
conservation objectives of the FMP.
DATES: Effective August 25, 1998.
ADDRESSES: Copies of Amendment 7 to the FMP (Amendment 7), its
regulatory impact review (RIR), and the final regulatory flexibility
analysis contained within the RIR, and its final supplemental
environmental impact statement, are available upon request from Paul J.
Howard, Executive Director, New England Fishery Management Council, 5
Broadway, Saugus, MA 01906-1097. Copies of the RIR supporting this
action may be obtained from Dr. Andrew A. Rosenberg, Regional
Administrator, NMFS, One Blackburn Drive, Gloucester, MA 01930.
Comments regarding the burden-hour estimates for collection-of-
information requirements contained in this interim final rule should be
sent to the Regional Administrator and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Washington,
DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Bonnie L. VanPelt, Fishery Management
Specialist, 978-281-9244.
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 that has not been determined
to have a minimal bycatch of regulated multispecies.
The bycatch control restriction is applied on a fishery basis in
each of two specific regulated mesh areas: Gulf of Maine/Georges Bank
Regulated Mesh Area and Southern New England Regulated Mesh Area. A
vessel may not fish in these areas unless it is fishing under a
multispecies or scallop days-at-sea allocation, is fishing with
exempted gear, is fishing under the handgear or party/charter permit
restrictions, or is fishing in an exempted fishery.
The procedure for adding, deleting, or modifying exempted fisheries
is found in 50 CFR 648.80. Additions, deletions, or modifications to
the list of exempted fisheries may be authorized by the Administrator,
Northeast Region, NMFS (Regional Administrator) after consultation with
the New England Fishery Management Council (Council), if the Regional
Administrator determines, based on available data or information, that
the percentage of regulated species, caught as bycatch is, or can be
reduced to, less than 5 percent by weight of the total catch and that
such exemption will not jeopardize the fishing mortality objectives of
the FMP.
In August 1996, the Regional Administrator received a request from
the Council to add herring to the list of species that may be fished
for, possessed on board or landed incidental to whiting in the existing
Cultivator Shoal Whiting Fishery Exemption Area. This request consists
of adding herring as incidental catch to the list of approved species
that can be retained under the constraints of that program. Several
members of the industry have spoken in support of this request stating
[[Page 45966]]
that it would provide economic relief, while reducing the incidence of
regulatory discards for vessels fishing in the Cultivator Shoal Whiting
Fishery Exemption Area.
Based on the analysis of the available data regarding regulated
species bycatch for the gear, area, and time periods specified for the
Cultivator Shoal Whiting Fishery Exemption Area, and for any other
relevant factors, the Regional Administrator has determined that the
request to add herring to the list of species that may be retained
incidental to whiting in the Cultivator Shoal Whiting Fishery Exemption
Area meets the exemption requirements specified in Sec. 648.80(a)(7).
This rule allows vessels fishing in the existing Cultivator Shoal
Whiting Fishery Exemption Area under the exemption to retain an
incidental catch of herring, in addition to an incidental catch of the
species already listed in Sec. 648.80(a)(4)(i)(A). Based on the
analysis, a directed bottom trawl fishery is not likely to occur, and,
thus, no catch limits on the amount of herring to be retained are
imposed by this rule.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), finds there
is 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 the Cultivator
Shoal Whiting Fishery Exemption Area, provided prior notice and
opportunity for public comment to be made and considered, making
additional opportunity for public comment unnecessary.
The AA also waives the 30-day delay in effectiveness of this
regulation under 5 U.S.C. 553(d)(1) because this rule relieves a
restriction.
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 (PRA) unless that collection of
information displays a currently valid OMB control number.
This rule restates an information collection requirement subject to
the PRA that has been approved by the OMB under control number 0648-
0202. The estimated response time for a request for a Cultivator Shoal
Whiting Fishery Certificate is estimated to take 2 minutes per call.
This 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 this burden estimate
or any other aspect of the collection of information, including
suggestions for reducing the burden, to NMFS and to OMB (see
ADDRESSES).
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: August 24, 1998.
Rolland A. Schmitten,
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)(4)(i)(A) is revised as follows:
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
* * * * *
(a) * * *
(4) * * *
(i) * * *
(A) A vessel fishing in the Cultivator Shoal Whiting Fishery
Exemption Area under this exemption must have a letter of authorization
issued by the Regional Administrator on board and may not fish for,
possess on board, or land any species of fish other than whiting,
except for the following, with the restrictions noted, as allowable
incidental species: Herring; longhorn sculpin; squid; butterfish;
mackerel; monkfish and monkfish parts, dogfish, and red hake--up to 10
percent each, 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.
* * * * *
[FR Doc. 98-23169 Filed 8-25-98; 12:52 pm]
BILLING CODE 3510-22-F