49144 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations

Belleville, IL, Midamerica, NDB RWY 32R,

Orig

Coldwater, MI, Branch County Memorial,

VOR/DME OR GPS RWY 24, Amdt 3,

Cancelled

Coldwater, MI, Branch County Memorial,

VOR OR GPS RWY 6, Amdt 4

Coldwater, MI, Branch County Memorial,

VOR RWY 24, Orig

Hillsdale, MI, Hillsdale Muni, VOR OR GPSG, Amdt 7

Marshall, MI, Brooks Field, VOR OR GPS

RWY 28, Amdt 14

Butte, MT, Bert Mooney, ILS RWY 15, Amdt

5

Cincinnati, OH, Cincinnati-Blue Ash, VOR

RWY 24, Amdt 6

Cincinnati, OH, Cincinnati-Blue Ash, NDB

RWY 6, Amdt 2

Cincinnati, OH, Cincinnati-Blue Ash, NDB

OR GPS RWY 24, Amdt 2

Cincinnati, OH, Cincinnati Muni-Lunken

Field, NDB OR GPS RWY 21L, Amdt 13

Harrison, OH, Cincinnati West, VOR OR GPS

RWY 18, Amdt 3

Tulsa, OK, Tulsa Intl, GPS RWY 8, Orig

Tulsa, OK, Tulsa Intl, GPS RWY 18L, Orig

Tulsa, OK, Tulsa Intl, GPS RWY 18R, Orig

Tulsa, OK, Tulsa Intl, GPS RWY 36R, Orig

Redmond, OR, Roberts Field, GPS RWY 10,

Orig

Redmond, OR, Roberts Field, GPS RWY 28,

Orig

West Chester, PA, Brandywine, GPS RWY 9,

Orig

Pineville, WV, Kee Field, GPS RWY 7, Orig

Summersville, WV, Summersville, GPS RWY

22, Orig

* * * Effective Upon Publication

Tinian Island, N. Mariana Islands, West

Tinian, NDB–A, Amdt 1

Note: The FAA published the following

procedure in Docket No. 28992, Amdt. No.

1813 to Part 97 of the Federal Aviation

Regulations (Vol. 62, No. 163, Page 44542,

dated Friday, August 22, 1997) under Section

97.25 effective November 6, 1997, which is

hereby amended as follows:

Anchorage, AK, Anchorage Intl, ILS Rwy 6L,

Amdt 9 should read: LOC Rwy 6L, Amdt

9.

[FR Doc. 97–24992 Filed 9–18–97; 8:45 am]

BILLING CODE 4910–13–M

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.

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 § 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- ofinformation 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°00’ N. lat. for a minimum of 30

days are exempt from the cod landing

limit if they obtain and keep a NMFSissued 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.
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations 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 NMFSauthorized 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°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°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°00’ N. lat.
49146 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations

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 weighout 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
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations 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 § 648.2, definitions for ‘‘nonexempt gillnet fishery’’ and ‘‘nonexempt species’’ are added.

In § 648.14, paragraph (c)(9) is revised

and made more explicit by changing the

phrase ‘‘NE multispecies fishery’’ to

‘‘NE multispecies DAS program.’’

In § 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 § 648.14, paragraphs (c)(20) and

(c)(21) are added to enhance

enforcement of the provisions in

§ 648.86(b)(1)(ii)(B) and

§ 648.82(k)(1)(iv), respectively.

In § 648.80, paragraphs (a)(2)(iii) and

(b)(2)(iii) are revised to include the

small vessel exemption, defined under

§ 648.82(b)(3); this was an inadvertent

omission in the previous regulations.

In § 648.80, paragraphs (a)(11) and

(b)(8) are revised to explain the method

by which mussel dredge gear is

measured.

In § 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 § 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 nonexempt gillnet fishery by using the

notification requirements specified in

§ 648.10.

In § 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 § 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
49148 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations

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 collectionof-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°00’ N. lat. will require vessel

notification (3 minutes/response).

7. Declaration that a vessel will fish

south of 42°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 § 648.2, definitions for ‘‘Nonexempt gillnet fishery’’ and ‘‘Nonexempt species’’ are added, in

alphabetical order, to read as follows:

§ 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

§ 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 § 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:

§ 648.14 Prohibitions.

* * * * *

(c) * * *

(9) Fail to declare, and be, out of the

NE multispecies DAS program as

required by § 648.82(g), using the

procedure described under § 648.82(h),

as applicable.

* * * * *

(20) Fail to comply with the

provisions of the cod hail weight

notification specifications specified in

§ 648.86(b)(1)(ii)(B).

(21) Fail to declare, and be, out of the

non-exempt gillnet fishery as required

by § 648.82(k)(1)(iv), using the

procedure described under § 648.82(h),

as applicable.

* * * * *

4. In § 648.80, paragraphs (a)(2)(iii),

(a)(11), (b)(2)(iii) and (b)(8) are revised

to read as follows:

§ 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

§ 648.82((b)(3), if fishing under the

scallop state waters exemptions

specified in § 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 § 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,
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations 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

§ 648.82(b)(3), if fishing under the

scallop state waters exemption specified

in § 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 § 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 § 648.82, paragraphs (g), (h),

(k)(1)(ii), and (k)(1)(iv)(A) are revised to

read as follows:

§ 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 § 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

§ 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

§ 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 § 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 § 648.82(g) will be credited

toward the 120 days time out of the nonexempt 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 § 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

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 7, 10, 148 and 178

[T.D. 97–75]

RIN 1515–AB14

Duty-Free Treatment of Articles

Imported From U.S. Insular

Possessions

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Final rule; correction.

SUMMARY: This document makes a

correction to the document published in

the Federal Register which set forth

final amendments to the Customs

Regulations to clarify and update the

legal requirements and procedures that

apply for purposes of obtaining dutyfree treatment on articles imported from

insular possessions of the United States

other than Puerto Rico. The correction

involves the control number assigned by

the Office of Management and Budget in

connection with the approval of the

collection of information provided for in

the final regulations.

EFFECTIVE DATE: This correction is

effective October 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Monika Rice, Office of Regulations and

Rulings (202–482–7049).

SUPPLEMENTARY INFORMATION:

Background

On September 3, 1997, Customs

published in the Federal Register (62

FR 46433) as T.D. 97–75 a final rule

document setting forth amendments to