Federal Register / Vol. 65, No. 105 / Wednesday, May 31, 2000 / Proposed Rules 34635

The Council approved an exemption

request for an area comprising the

experimental Areas 2B and 4 under

Framework 35 to the Northeast Fishery

Management Plan (Framework 35). The

MADMF did not request that Area 3 be

included in the exemption due to the

low sample size and inconclusive data

results from previous year’s

experiments. Therefore, this year’s

experiment proposes to increase the

sampling size (fleet size expansion) and

improve the confidence level of data on

bycatch of regulated multispecies,

overall effort, species composition and

gear performance.

The MADMF has stated that the gear

specifications would be identical to

those approved under Framework 35,

including the minimum mesh size

requirement of 2.5 inches (6.35 cm), the

headrope, ground gear, footrope and

drop chains settings and configurations,

option to use the sweepless trawl, and

a prohibition on use of net

strengtheners. Also, net possession

restrictions would be amended to allow

fishermen to leave their large-mesh

groundfish net aboard the vessel (in

addition to the small mesh raised

footrope trawl) when enrolled in the

fishery.

The area defined by the MADMF for

the experiment overlaps a portion of the

Gulf of Maine Rolling Closure Area V

(Rolling Closure Area) from October 1—

November 30, 2000. NMFS is also

requesting comments on MADMF’s

request that participants in the

experimental fishery be allowed to fish

in the Rolling Closure Area. The

MADMF hopes that this overlap would

help define a continuous exemption

area including the area proposed in

Framework 35 and the area proposed in

this experiment.

The MADMF personnel would sea

sample approximately 10–20 percent of

the total trips during the course of the

experimental fishery season; September

through December of 2000. In addition,

participants would be required to record

catch information on a tow-by-tow basis

on MADMF-supplied logs and submit

all logs weekly to MADMF. If bycatch

problems should develop, MADMF

would take the appropriate remedial

actions to amend the problem, as they

have in past years.

EFPs would be issued to participating

federally permitted whiting vessels to

exempt them from DAS, mesh size and

other gear restrictions required as part of

the Northeast Multispecies FMP during

the specified season.

Following reports and consideration

of the experimental fishery proposal, the

Groundfish Committee will report on

the development of Amendment 13 to

the Northeast Multispecies FMP. The

Habitat Committee will report during

the afternoon session. Included will be

a presentation on the 2000 Habitat

Annual Review Report, discussion and

possible approval of recommendations

concerning the establishment of one or

more dedicated habitat research areas,

and review and possible approval of a

letter to the Minerals Management

Service about proposed sand mining off

the New Jersey coast.

Prior to addressing any other

outstanding business, the Capacity and

Herring Committees will update the

Council on their most recent activities.

Although other non-emergency issues

not contained in this agenda may come

before this Council for discussion, those

issues may not be the subject of formal

action during this meeting. Council

action will be restricted to those issues

specifically listed in this notice and any

issues arising after publication of this

notice that require emergency action

under section 305(c) of the MagnusonStevens Act, provided the public has

been notified of the Council’s intent to

take final action to address the

emergency.

The New England Council will

consider public comments at a

minimum of two Council meetings

before making recommendations to the

Regional Administrator on any

framework adjustment to a fishery

management plan. If she concurs with

the adjustment proposed by the Council,

the Regional Administrator has the

discretion to publish the action either as

proposed or final regulations in the

Federal Register. Documents pertaining

to framework adjustments are available

for public review 7 days prior to a final

vote by the Council.

Special Accommodations

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to Paul

J. Howard (see ADDRESSES) at least 5

days prior to the meeting date.

Dated: May 24, 2000.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–13569 Filed 5–30–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 000524153–0153–01; I.D.

042100C]

RIN 0648–AO11

Fisheries off West Coast States and in

the Western Pacific; Highly Migratory

Species Fishery; Control Date

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Advance Notice of Proposed

Rulemaking; Notice of a control date for

Pacific Coast Highly Migratory Species

Fisheries; request for comments.

SUMMARY: The Pacific Fishery

Management Council (Council) is

developing a Fishery Management Plan

(FMP) for Highly Migratory Species

(HMS) off the Pacific Coast that would

place HMS species such as tuna,

billfish, and sharks under Federal

management. This document announces

a control date of March 9, 2000, after

which vessels participating in the

commercial (troll, long line, drift gillnet,

harpoon, purse seine), and charter boat

fisheries for HMS may not be qualified

if the Council determines that a program

to limit entry to the fisheries is

appropriate. The intended effect of this

announcement is to discourage

speculative entry into the Pacific Coast

HMS fisheries while the Council

determines whether, it will limit

participation in the fisheries in the

future. If the Council decides to limit

future participation, it will decide on

criteria at that time.

DATES: Comments must be submitted by

June 30, 2000.

ADDRESSES: Comments on this advance

notice of proposed rulemaking may be

mailed to Jim Lone, Chairman, Pacific

Fishery Management Council, 2130 SW

Fifth Avenue, Suite 224, Portland, OR

97201.

FOR FURTHER INFORMATION CONTACT:

Svein Fougner, Sustainable Fisheries

Division, Southwest Region, NMFS,

562–980–4040.

SUPPLEMENTARY INFORMATION: The

Council was established under section

302(a)(1)(F)) of the Magnuson-Stevens

Fishery Conservation and Management

Act. The Council has concluded that an

HMS FMP is needed and has named a

plan development team. The Council

sponsored scoping sessions to obtain

34636 Federal Register / Vol. 65, No. 105 / Wednesday, May 31, 2000 / Proposed Rules

public comment on matters that should

be considered in the FMP. Several

people strongly supported the

development of the FMP, but urged the

Council to establish a control date so

that there would not be a rush to enter

the fishery during the plan development

process. These persons were especially

concerned that recent tight restrictions

in the groundfish fishery and continued

restrictions in the ocean salmon fishery

might encourage entry to the HMS

fisheries. The Council subsequently

heard advice from its advisory subpanel

in support of a control date and from the

public (some of whom supported a

control date) at its meeting in March

2000. After considering the comments

and weighing the alternatives, the

Council agreed that March 9, 2000,

should be established as a control date

for the commercial and charter boat

sectors of the HMS fisheries. The

Council requested that NMFS publish a

notification of this control date in the

Federal Register.

The Council anticipates that the plan

development process will take

approximately one year. The Council

has not yet determined that limited

entry in one or more fishery sectors is

necessary or appropriate. However, the

Council is aware that there is often a

rush to enter any fishery for which a

new FMP is being developed, in

anticipation that a limited entry

program could be proposed that would

use historic and recent participation as

criteria for eligibility for limited entry

permits.

The implementation of any

management measures for the fishery

affecting one or more of these fishery

sectors will require approval of the FMP

and implementation of associated

regulations. Any action will require a

regulatory proposal with public input

and supporting analysis, NMFS

approval, and publication of the

implementing regulation in the Federal

Register. If catch history is used as a

basis for eligibility for participation, it is

likely that catch by persons entering

after the control date will not be

considered in determining eligibility for

a limited entry permit. The Council also

may decide to use participation prior to

the control date as a permit eligibility

criterion. Fishers are not guaranteed

future participation in the HMS fishery,

regardless of their date of entry or level

of participation in the fishery.

This advance notice of proposed

rulemaking has been determined to be

not significant for purposes of Executive

Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: May 24, 2000.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–13570 Filed 5–30–00; 8:45 am]

BILLING CODE 3510–22–F