Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations 49451

State/location Community

No. Effective date of eligibility Current effectivemap date

Michigan: Meyer, township of, Menominee County ....... 260458 ......do ............................................................................ Do.

Region IX

Arizona: Santa Cruz County, unincorporated areas ...... 040090 ......do ............................................................................ Do.

California: Hemet, city of, Riverside County .................. 060253 ......do ............................................................................ Do.

1The City of Mill Creek has adopted the Snohomish County (CID #535534) Flood Insurance Rate Map dated September 30, 1992.

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Rein.—Reinstatement; Susp.—Suspension; With.—Withdrawn; NSFHA—

Non Special Flood Hazard Area.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Issued: September 11, 1997.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 97–25104 Filed 9–19–97; 8:45 am]

BILLING CODE 6718–05–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 697

[Docket No. 970829213–7213–01; I.D.

091696A]

RIN 0648–AJ15

Atlantic Coast Weakfish Fishery;

Change in Regulations for the

Exclusive Economic Zone

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: ACTION: Final rule.

SUMMARY: NMFS is issuing regulations

for the exclusive economic zone (EEZ)

offshore from Maine through Florida

that impose a minimum size limit of 12

inches (30.5 cm) (total length);

minimum mesh sizes in the EEZ of 3 1/

4–inch (8.3 cm) square stretch mesh or

3 3/4–inch (9.5 cm) diamond stretch

mesh for trawls, and 2 7/8–inch (7.3 cm)

stretch mesh for gill nets; a bycatch

possession limit of 150 lb (67 kg) for

fisheries using smaller mesh sizes for

any one day or trip, whichever is longer;

a prohibition on the use of flynets in a

closed area of the EEZ off North

Carolina, south of Cape Hatteras from 3

nm to about 40 nm offshore; a

prohibition on the possession of any

weakfish in the closed area of the EEZ

off North Carolina when using shrimp

trawls or crab trawls; and a requirement

that weakfish harvested for commercial

purposes in the EEZ be landed only in

the following states: Massachusetts,

Rhode Island, Connecticut, New York,

New Jersey, Delaware, Maryland,

Virginia, or North Carolina. In addition,

weakfish fishing must be in accordance

with the laws of the state where

weakfish are landed if the state’s

regulations are more restrictive than the

Federal regulations. The intent of the

regulations is to provide protection to

the overfished stock of weakfish, ensure

the effectiveness of state regulations,

and aid in the rebuilding of the stock.

DATES: Effective October 22, 1997.

ADDRESSES: Copies of supporting

documents, including a Final

Supplemental Environmental Impact

Statement and Regulatory Impact

Review (FSEIS/RIR), are available from

Richard H. Schaefer, Chief, Staff Office

for Intergovernmental and Recreational

Fisheries, NMFS, 8484 Georgia Avenue,

Suite 425, Silver Spring, MD 20910–

3282.

FOR FURTHER INFORMATION CONTACT:

Thomas Meyer/Anne Lange, 301–427–

2014.

SUPPLEMENTARY INFORMATION:

Background

The background and rationale for this

rule were contained in the preamble to

the proposed rule, published in the

Federal Register on February 14, 1997

(62 FR 6935), and are not repeated here.

Additional background for this rule is

available and contained in a FSEIS/RIR

prepared by NMFS for this rule (see

ADDRESSES).

Comments and Responses

NMFS received written comments

from 17 agencies, states and

organizations and five individuals, and

held four public hearings attended by 74

individuals, to gather public comments

on the proposed rule. Details of both the

written comments and the public

hearings are provided in the FSEIS/RIR

published in the Federal Register on

July 3, 1997 (62 FR 36062). Written and

public hearing comments are

summarized here.

Each of the State and Federal agencies

and conservation organizations

supported the proposed rule and found

its measures to be compatible with state

and Atlantic States Marine Fisheries

Commission (Commission) fishery

management plans for weakfish. The

U.S. Coast Guard suggested changes to

clarify current language and to address

several enforcement issues. The U.S.

Fish and Wildlife Service fully

supported the proposed rule and urged

the earliest possible adoption of both

the weakfish rule and a proposed rule

to implement a program to certify

specific Bycatch Reduction Devices

(BRDs) for shrimp trawls (final rule

published in the Federal Register on

April 16, 1997 (62 FR 18536)). The MidAtlantic Fishery Management Council

supported the proposed rule and, based

on its comments, an additional public

hearing was held in North Carolina to

address industry concerns related to the

impact of the proposed rule on other

fisheries conducted in the closed area

off North Carolina.

1. Comment: One agency commented

that language, consistent with

regulations requiring the use of Turtle

Excluder Devices (TEDs) in the summer

flounder fishery, should be included in

the prohibitions (§ 697.7) to require use

of TEDs by vessels using nets in the EEZ

north of Cape Hatteras.

Response: Under the requirements of

section 7 of the Endangered Species Act,

NMFS has evaluated the impact the

weakfish fishery may have on turtles.

Based on the Biological Opinion issued

by NMFS, reasonable and prudent

measures will be taken to minimize the

impact of the weakfish fishery on sea

turtles. This will include development

of an effective TED for flynets and a

schedule for implementation in flynet

gear during the times and areas as

required for summer flounder (50 CFR

217.12 and 227.72). In addition, an

Incidental Take Statement has been

issued by NMFS, anticipating

documented lethal or non-lethal takes in

the weakfish fishery of a maximum total

of 20 loggerhead turtles and two Kemp’s

ridleys in flynet, bottom trawl, or gillnet

gear. Should these levels be exceeded,

consultations must be reinitiated.

2. Comment: Several commenters

suggested that the proposed closed area

line should be modified to be consistent

with the line in the North Carolina

regulations, which proceeds in a

southeasterly direction from Cape
49452 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations

Hatteras, not due east as in the proposed

rule.

Response: NMFS agrees. The northern

boundary of the line to delineate no

flynetting south of Cape Hatteras has

been modified to be aligned with the

State of North Carolina’s line. However,

while this line will follow as closely as

possible the State’s line (40250 Loran C

line), it will be defined by latitude/

longitude, and enforced as such.

Therefore, the line proceeds SE in a

straight line from a point, 35°10.8’ N.

lat., 75°29.2’W. long. (3 nm from Cape

Hatteras), generally proceeding along

the 40250 LORAN C line, to a point

35°06.5’ N. lat., 75°19.4’ W. long. (12 nm

from Cape Hatteras).

3. Comment: Several commenters

were concerned that the proposed

regulations could potentially impact

other fisheries in the EEZ off the coast

of North Carolina.

Response: NMFS believes it is

important to maintain the closed area

south of Cape Hatteras in order to

protect young weakfish. Therefore,

flynets will not be allowed in the closed

area to fish for spot, croaker, or any

other species. Concerns regarding the

squid/mackerel/butterfish fishery,

which uses a small-mesh trawl similar

to a flynet in the original closed area,

led NMFS to adjust the closed area so

such gears could continue to fish

without likelihood of encountering

young weakfish. Section 697.7(a)(5), the

area closed to flynetting in the proposed

rule has been modified. Vessels fishing

with other than shrimp trawls (with

certified BRDs as required by 50 CFR

part 622, Appendix D, and TEDs as

required by 50 CFR 227.72(e)(2)(ii)) or

summer flounder trawls (with approved

TEDs) are prohibited from fishing in the

closed area, because they are likely to

have a significant bycatch of weakfish.

However, they are permitted to fish

outside the modified closed area for

squid, croaker, spot, or other species.

They are limited to a 150–lb (67–kg)

weakfish bycatch, unless mesh sizes are

larger than those described in this rule.

Vessels using gillnets with proper mesh

may operate within the no-flynet area.

During the winter of 1996–97, a

number of vessels using shrimp trawls

to fish for finfish in the closed area

produced a significant bycatch and

mortality of young weakfish. North

Carolina is modifying its regulations to

require that vessels possess at least 50

percent shrimp, by weight, to be

considered a shrimp vessel and to be

permitted in the closed area. The

Commission has required North

Carolina to demonstrate that it has

implemented adequate measures to

prevent future directed finfish harvest

with shrimp trawls. To support North

Carolina and Commission actions, this

final rule prohibits the possession of

any weakfish by vessels using shrimp

trawls in the closed area.

4. Comment: One agency commented

that the intent to prohibit vessels from

catching weakfish in the EEZ and

landing the fish in a ‘‘de minimis’’ state

(§ 697.7(a)(7)) is not enforceable at

landing, since it is impossible to

determine where the fish were

harvested, either from the EEZ or

another state’s waters, which may be

open.

Response: NMFS believes that while

this measure may be difficult to enforce,

it will help state agencies enforce their

regulations to implement the

Commission’s weakfish management

plan. This measure will prevent a

person from saying he/she caught

weakfish in the EEZ, when landing for

commercial purposes in a ‘‘de minimis’’

state or a state that has not declared an

interest in weakfish management. This

will make circumventing states’ closed

fishing seasons and other regulations

more difficult, since ‘‘de minimis’’

states and states without a declared

interest have little or no weakfish

fisheries. Also, it is important that those

states that have requested ‘‘de minimis’’

status from the Commission ensure that

landings of weakfish in those states

remain below the level required to

maintain their ‘‘de minimis’’ status.

While weakfish landings in these states

are not expected to increase, if they do

increase significantly, the states will be

required to assume the responsibilities

associated with being a participating

state. Therefore, the ‘‘de minimis’’ states

should also be involved in enforcing

this measure. The ‘‘de minimis’’ states

most likely to be impacted by landings

from other states’ vessels (South

Carolina and Georgia) have detailed

monitoring programs and would quickly

know if weakfish landings were

increasing beyond the ‘‘de minimis’’

level. The Commission has specifically

requested that the ‘‘de minimis’’

language be included in the EEZ rule in

order to support Commission efforts in

state waters. The Commission has

requested that any enforcement

problems raised by this provision be

forwarded to the Commission’s

Weakfish Management Board.

5. Comment: One commenter stated

that the language to prohibit the

possession of more than 150–lb (67–kg)

of weakfish during any one day or trip,

whichever is longer, in the EEZ when

fishing with less than the approved

mesh size should be clarified. It should

be changed to read:

‘‘To prohibit the possession of more

than 150–lb of weakfish during any one

day or trip, whichever is longer, in the

EEZ when:

(i) Using a mesh size less than 3 1/4

inch (8.3 cm) square stretch mesh or 3

3/4 inch(9.5 cm) diamond stretch mesh

for trawls and 2 27/8 inch (7.3) stretch

mesh for gill nets; or

(ii) fishing during any closed season

for weakfish of the state in which the

weakfish are landed.’’

Response: NMFS agrees and has

included such language in the final rule.

However, in the area off North Carolina

that is closed to flynetting, no weakfish

may be landed in the shrimp fishery

(see comment 3). In addition, summer

flounder gear, even though it has a

larger than required mesh, are allowed

only a 150–lb (67–kg) bycatch of

weakfish.

6. Comment: The proposed rule is not

consistent with North Carolina

regulations regarding the use of flynets

in the closed area south of Cape

Hatteras. The proposed rule would only

prohibit their use for weakfish, while

the State prohibits their use for any

species in the closed area.

Response: The intent of the proposed

rule was to be compatible with the

State’s regulation. The prohibitions

section in the final rule has been

modified to clarify that no fishing with

flynets is allowed in the specified area

south of Cape Hatteras.

7. Comment: Several individuals

commented on the status of the stock,

stating that the weakfish stock is

recovering strongly, that references to a

declining population are not

substantiated by coastwide biological

information, that the assessment is

outdated and incorrect, and that

declines in catch are due to shifts to

other target species.

Response: Although some signs of

recovery are present in the most recent

years, their is insufficient evidence to

say that the weakfish stock is recovering

strongly. Also, while there may have

been shifts of effort to other fisheries

leading to declines in harvest, the stock

assessment uses fishery independent

data (data from scientific surveys) on

weakfish abundance through most of its

range. These surveys demonstrate that

there has been a decline in the weakfish

stock, though there are signs of

improvement in recruitment of the most

recent year classes. Weakfish mature

early (age 1) and have high fecundity, so

they have the ability to recover quickly,

given favorable conditions and reduced

fishing mortality rates (F). The last stock

assessment for which population

estimates are available (catch matrix

through 1994) indicated that the
Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations 49453

population bottomed out in 1991 and

has recovered somewhat. There may be

recent indications of improved

recruitment and observations of more,

larger (older) fish, in 1996; however,

fishing mortality rates for recent years

remain very high (about 1.9 for age 2+,

with catch matrix through 1995).

Improved recruitment will likely cause

a prompt and noticeable short-term

stock improvement. However, if the

fishery continues to operate at high F,

the promising recruitment levels will

not be reflected in subsequent

improvements in the adult population.

Until a revised assessment has been

completed that indicates improvements

in stock status, other than a year or two

of good recruitment, it is premature to

say the stock is recovering.

The science used by the

Commission’s weakfish stock

assessment and technical committees

relies on the best available fisherydependent and fishery-independent

data. The models and analyses involved

in the assessment are those that are best

suited for the available data. The

assessment is based on the coastwide

status of the stock and does not look

only at local events.

8. Comment: One agency and an

individual stated that small- mesh

trawls used in the area south of Cape

Hatteras must be defined not by their

gear parameters but by their fishing

intentions (e.g., shrimping as opposed to

shrimp trawls; floundering, as opposed

to flounder trawls.) Under the proposed

rule, it would be legal to finfish using

shrimp trawls in the area south of Cape

Hatteras, as long as weakfish are not

retained. There are substantial data that

indicate that this leads to tremendous

waste in discards. Flounder trawls have

no business in the area south of Cape

Hatteras, outside the flounder trawling

season. On the other hand, squid

fishermen may likely take quantities of

weakfish over 150–lb (67–kg) in

legitimate squid/mackerel/herring/

butterfish operations, but those fish

must be discarded. These fisheries

should be defined with respect to the

amount of the target species on their

vessel when they land, and not simply

by the nets they use. At least 51 percent

of their catch must be comprised of one

or more of the target species. Another

option would be to consider closed

seasons, particularly for the shrimp

fishery, to avoid fishing with shrimp

trawls during the winter (December 1–

April 1).

Response: NMFS is concerned over

reports of fishing with small-mesh nets

causing the discard of large amounts of

weakfish south of Cape Hatteras.

However, under the NMFS regulation, a

state’s more restrictive regulations apply

to weakfish caught in the EEZ when

those fish are landed in a state. A state

could choose to institute such suggested

regulations to reduce bycatch on smallmesh fishing vessels landing in the

state.

Also, north of Cape Hatteras, in the

future, NMFS will consider modifying

the regulations to allow states to issue

special permits that will allow

legitimate small-mesh fisheries for

squid/mackerel/herring/butterfish to

take more than 150–lb (67–kg) of legal

size weakfish during any one day or

trip, whichever is longer, in the EEZ

during the state’s open weakfish season.

North Carolina has requested such

permits because it believe that larger

quantities of legal weakfish may, when

the population is moving through the

area, be taken during these fisheries

directed at other species. This is not

expected to occur frequently, but North

Carolina wants the ability to allow

vessels to land these fish, rather than

discard them.

9. Comment: Several commenters

stated that the 2 7/8–inch minimum

mesh size for gillnets is appropriate for

North Carolina during winter; however,

they questioned whether this mesh size

is conservative for a 12–inch (30.5–cm)

weakfish during the spring/summer/fall

when weakfish are gravid or well-fed,

thereby having greater girth. NMFS

should consider a more conservative

mesh size during spring/summer/fall

(i.e., 3 1/8–inch (7.9–cm) stretch mesh).

Response: NMFS used the mesh sizes

approved and required by the

Commission because these mesh sizes

have been reviewed and approved by

the Commission Weakfish Technical

Committee and Management Board, and

have been implemented by the states.

NMFS participates in the Commission

review and agrees that these mesh sizes

are based on the best information

available. If the Commission approves

and recommends changes to weakfish

mesh sizes, and if NMFS agrees the

changes are consistent with the best

information available, NMFS will adjust

the EEZ mesh regulations to be

compatible with the Commission’s

recommendations.

10. Comment: Several commenters

were concerned whether, once a closure

of the area south of Cape Hatteras is

imposed on flynets, NMFS will be able

to open the area to large-mesh flynets in

the near future.

Response: Once the stock has

recovered, NMFS will consider

reopening this area to larger mesh

flynetting, if the Commission

determines that this gear is appropriate

for capturing legal-sized weakfish.

11. Comment: One commenter

indicated that New York has taken

aggressive management steps to restore

weakfish and to ensure a healthy

weakfish population. NMFS regulations

will complement the regulations already

in effect in state waters and can only

benefit what is now a severely stressed

weakfish population.

Response: NMFS agrees. The

intention of this rule is to implement

EEZ management measures that are

compatible with state and Commission

measures already in place in state

waters.

12. Comment: One commenter and a

conservation organization stated that the

status of the Atlantic weakfish stock has

been grave for a long time. The

unfortunate invalidation of the 1995

NMFS moratorium on weakfish fishing

in Federal waters further delayed

necessary Federal action for this

important stock and makes

implementation of current proposed

measures for weakfish even more

urgent. Federal action to begin to

rebuild the weakfish stock is long

overdue. Because weakfish fishing

operations in the EEZ mainly target

large, vulnerable aggregations of

juvenile fish, they support a full

moratorium on weakfish fishing in

Federal waters as a strong conservation

measure that is easy to enforce. Given

the previous court ruling and the

urgency of the situation, however, they

support the intention to complement the

Commission’s weakfish plan.

Response: NMFS agrees that

establishing management measures in

the EEZ is crucial to the recovery of the

weakfish population. Adoption of

Amendment 3 to the Commission

Weakfish Fishery Management Plan,

and its recommendations for compatible

actions in Federal waters, should begin

to protect and restore the weakfish

population.

13. Comment: One commenter stated

that he strongly supports the approach

taken by NMFS to address the concerns

regarding landing weakfish in ‘‘de

minimis’’ states. However, he suggested

that from an administrative standpoint,

NMFS may want to explore language

that would allow a currently ‘‘de

minimis’’ state, if it so desires, to

declare an interest in the fishery

without issuance of a new Federal rule.

Response: NMFS understands that

current ‘‘de minimis’’ states may, at

some future time, declare an interest in

participating in the fishery, and

language that would allow such a

declaration without issuance of a new

rule would be useful. However, since

the NMFS proposed rule is designed to

be compatible with measures
49454 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations

implemented by the states, NMFS can

not determine what measures may be

needed in the EEZ off the coasts of

South Carolina and Georgia until they

establish measures in their own waters.

Once a state’s ‘‘de minimis’’ status is

removed by the Commission, NMFS

sees no reason to restrict commercial

landings in the state. Therefore, such

restrictions will be removed by

rulemaking upon notification from the

Commission.

14. Comment: One commenter

indicated that the statement that shrimp

and flounder trawls are the only types

of trawls allowed in the area closed to

flynets is incorrect. North Carolina also

allows crab trawls.

Response: The NMFS proposed rule

would have allowed only shrimp or

flounder trawls to trawl in the closed

area of the EEZ. This was because the

rule was intended to prohibit flynets, as

in the North Carolina plan, and it was

not possible to define a flynet with

sufficient specificity for this rule.

Therefore, NMFS specified which types

of fishing gear would be allowed in the

closed area. NMFS contacted the North

Carolina Division of Marine Fisheries,

which reported few, if any crab nets

used in the EEZ off North Carolina;

therefore, this gear was excluded.

15. Comment: One industry

organization requested that NMFS

reconsider closing the entire EEZ south

of Cape Hatteras, stating that the current

North Carolina state closure to North

Carolina vessels was developed in the

absence of any standards pertaining to

fairness and equitability among fishery

participants. North Carolina fishermen

have taken a larger reduction in fishing

effort compared to fishermen in other

states and North Carolina vessels are the

only vessels impacted by this

regulation. They do not believe that this

closure is consistent with national

standards of the Magnuson-Stevens Act.

Response: NMFS has reconsidered

closing the entire EEZ south of Cape

Hatteras and the final rule now closes

an area out to only 20–40 nm, not out

to 200 nm. The North Carolina plan was

approved by the Commission as meeting

the fishing mortality reduction

requirements in Amendment 3 of the

Weakfish FMP. All states were held to

the same level of reduction, though it

was up to each state to determine how

it would meet that reduction. NMFS’

proposed regulations were compatible

with the states’ regulations. Since,

under North Carolina regulations, North

Carolina vessels may not use a flynet

south of Cape Hatteras, this rule does

not further restrict North Carolina

vessels beyond what the State has

already implemented. However, the

Federal regulation does apply to all

vessels, not just North Carolina vessels,

fishing in the modified closed area of

the EEZ, south of Cape Hatteras.

Therefore, the rule is consistent with the

national standards of the MagnusonStevens Act.

16. Comment: The NMFS justification

not to conduct an Initial Regulatory

Flexibility Analysis (IRFA) violates

provisions of the Regulatory Flexibility

Act. The proposed rule contains four

reasons why no IRFA is necessary, all of

which are thoroughly invalid.

Response: A regulatory flexibility

analysis (RFA) is required when there is

a significant economic impact on a

substantial number of small entities.

NMFS believes that the proposed

regulations do not meet the above

criteria for development of an RFA

because the impacts on small entities

have already occurred through state

implementation of Amendment 3 to the

Commission’s Weakfish FMP. These

Federal regulations are designed to be

compatible with state regulations and

will have minimal additional impacts.

In the case of North Carolina, the State

implemented regulations in October

1996 that closed the entire EEZ south of

Cape Hatteras to flynets. This rule has

modified the closed area by significantly

reducing its size, which will lessen the

impact on North Carolina fishermen.

However, non-North Carolina vessels

are now affected by the Federal closure.

There are no records of vessels from

states other than North Carolina fishing

with flynets in the Federal closed area.

North Carolina vessels affected by the

regulations are able to fish in other areas

or with different gears.

17. Comment: An industry

organization requested that, in place of

the full EEZ closure, NMFS consider

leaving an area outside of 6 nm open to

flynet fishing south of Cape Hatteras

only during December through March.

Flynet vessels using approved mesh size

and adhering to minimum fish size

would be permitted to fish in that area

only during the specified time period.

Response: NMFS has modified the

closed area as noted above (comment 3).

18. Comment: One commenter asked

why NMFS hasn’t continued to pursue

a complete moratorium on fishing for

weakfish in the EEZ, as was imposed in

November 1995.

Response: The NMFS rule, which

imposed the moratorium in 1995, was

set aside by the court in February 1996.

The rule had been developed prior to

the Commission’s completion of

Amendment 3 to the Weakfish FMP as

a measure needed to protect weakfish.

The final rule accounts for the measures

already implemented by the states

under the Commission’s plan and

supports coastwide coordination in the

long-term management of this stock.

19. Comment: One individual asked

why NMFS doesn’t implement a

coastwide minimum size of 13 inches

(33.0 cm)?

Response: The proposed rule is a first

step in developing management

measures compatible with those of the

Commission. The Commission allows

states to implement size limits and other

management measures to reduce F.

NMFS will consider additional

measures, such as a 13–inch (33–mm)

minimum size, if the Commission

determines further reductions in F are

needed in the future.

20. Comment: A North Carolina

fishermen association disagreed with

the decision that a regulatory flexibility

analysis was not needed and stated that

the EEZ closure to flynet fishing will

significantly impact the flynet fishery.

Response: The North Carolina vessels

that will be impacted by the EEZ closure

have already been prohibited from a

larger area by North Carolina regulations

that went into effect on October 1, 1996.

Thus the Federal regulation is not

expected to have a significant economic

impact. Further, the vessels prohibited

from the area can move to other areas

and fisheries and, in fact, most have

already done so. As a result, a regulatory

flexibility analysis was not prepared.

Changes from the Proposed Rule

The definition section, § 697.2, of the

proposed rule contained 22 definitions.

Six of these definitions are already

included in 50 CFR 600.10. Any terms

defined in § 600.10 are common to all

domestic fishing regulations appearing

in Chapter VI of title 50 CFR. Therefore,

the six definitions were removed from

the final rule to avoid duplication. A

definition of crab trawls was added.

In response to public, state and

Federal agency, and Commission

comments, the following changes have

been made to the prohibition section,

§ 697.7, of the proposed rule:

1. The area of the EEZ south of Cape

Hatteras, closed to flynetting, has been

modified to:

a. Have its northern boundary

conform with North Carolina’s closed

area boundary line;

b. Extend out to only about 20–40 nm

from the shore, depending on the

contour of the land; and

c. Extend only to the North Carolina—

South Carolina state line.

2. The closed area applies to all

flynetting, not just flynetting for

weakfish.

3. Washington, DC, which had

incorrectly been listed as a state where
Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations 49455

weakfish caught in the EEZ may be

landed, has been removed from the list.

4. A prohibition on the possession of

weakfish in the closed EEZ area when

using shrimp trawls and crab trawls has

been added.

5. Florida was granted ‘‘de minimis’’

status by the Commission on August 1,

1997, and is therefore no longer

included in the list of states where

weakfish harvested for commercial

purposes in the EEZ may be landed.

Changes from the Final Supplemental

Environmental Impact Statement

(FSEIS)

In response to comments from the

North Carolina Division of Marine

Fisheries (NCDMF) the outer boundary

of the closed area south of Cape Hatteras

was extended approximately 5 nm

seaward of the line defined in the FSEIS

to prevent fishing on small weakfish

known to concentrate beyond the closed

area described in the FSEIS. Also, crab

trawls have been included, with shrimp

trawls, in the prohibition of possession

of weakfish in the closed area of the EEZ

off North Carolina.

Classification

The Assistant Administrator for

Fisheries has determined that these

actions are compatible with the effective

implementation of the Commission’s

coastal FMP, and consistent with the

national standards of the MagnusonStevens Act. The Secretary has taken

into account the data, views, and

comments received during the comment

period.

Five different alternatives to regulate

the harvest of weakfish in the EEZ were

examined in the FSEIS/RIR. Alternative

D, which applies compatible Federal

regulations in the EEZ, provides the

greatest support for the Commission’s

Weakfish Plan. Alternatives prohibiting

the harvest and possession or harvest

only in the EEZ were also considered,

as well as alternatives establishing

separate specific regulations in the EEZ,

applying state regulations in the EEZ, or

doing nothing. NMFS determined that,

among the alternatives analyzed, the

Federal measures discussed above are

the most appropriate measures to

support the Commission’s Weakfish

Plan.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration when

this rule was proposed, that it would

not have a significant economic impact

on a substantial number of small

entities. The reasons for the certification

were published in the preamble to

proposed rule. NMFS received a

comment, addressed above, regarding

the certification. This comment did not

cause this determination to be changed.

As a result, no regulatory flexibility

analysis was prepared.

Further information is available in the

FSEIS/RIR (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 697

Administrative practice and

procedure, Fisheries, Fishing.

Dated: September 12, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR Chapter VI, part 697,

is revised to read as follows:

PART 697—ATLANTIC COASTAL

FISHERIES COOPERATIVE

MANAGEMENT

Sec.

697.1 Purpose and scope.

697.2 Definitions.

697.3 Relation to the MagnusonStevens Act.

697.4 Relation to state law.

697.5 Civil procedures.

697.6 Specifically authorized

activities.

697.7 Prohibitions.

Authority: 16 U.S.C. 1851 note; 16 U.S.C.

5101 et seq.

§ 697.1 Purpose and scope.

The regulations in this part

implement section 804(b) of the Atlantic

Coastal Fisheries Cooperative

Management Act, 16 U.S.C. 5101 et seq.,

and section 6 of the Atlantic Striped

Bass Conservation Act Appropriations

Authorization, 16 U.S.C. 1851 note, and

govern fishing in the EEZ on the

Atlantic Coast for species covered by

those acts.

§ 697.2 Definitions.

In addition to the definitions in

§ 600.10 of this chapter, the terms in

this part have the following meanings:

Approved TED means any approved

Ted as deined at 50 CFR 217.12.

Atlantic striped bass means members

of stocks or populations of the species

Morone saxatilis found in the waters of

the Atlantic Ocean north of Key West,

FL.

Block Island Southeast Light means

the aid to navigation light located at

Southeast Point, Block Island, RI, and

defined as follows: Located at

40°09.2’N. lat., 71°33.1’W. long; is 201

ft (61.3 m) above the water; and is

shown from a brick octagonal tower 67

ft (20.4 m) high attached to a dwelling

on the southeast point of Block Island,

RI.

BRD means bycatch reduction device.

Certified BRDs means any BRD, as

defined in 50 CFR part 622 Appendix D:

Specifications for Certified BRDs.

Commercial purposes - means for the

purpose of selling or bartering all or part

of the fish harvested.

Commission means the Atlantic States

Marine Fisheries Commission

established under the interstate compact

consented to and approved by Congress

in Public Laws 77–539 and 81–721.

Continuous transit means that a vessel

does not have fishing gear in the water

and remains continuously underway

while in the EEZ.

Crab trawl means any trawl net that

is rigged for fishing and has a mesh size

of 3.0 inches (7.62 cm), as measured

between the centers of opposite knots

when pulled taut.

De minimis state means any state

where the landings are so low that the

Commission’s Fisheries Management

Board has exempted that state from

some of its regulatory responsibilities

under an Interstate Fishery Management

Plan.

Directed fishery means any vessel/

person fishing for a stock using gear or

strategies intended to catch a given

target species, group of species, or size

class. For the purpose of this regulation,

any vessel/person targeting weakfish.

Flynets, for the purpose of this part,

means any trawl net, except shrimp

trawl nets containing certified BRDs and

approved TEDs, when required under

50 CFR 227.72(e)(2), and except trawl

nets that comply with the gear

restrictions specified at § 648.104 of this

chapter for the summer flounder fishery

and contain an approved TED, when

required under 50 CFR 227.72(e)(2).

Land means to begin offloading fish,

to offload fish, or to enter port with fish.

Montauk Light means the aid to

navigation light located at Montauk

Point, NY, and defined as follows:

Located at 41°04.3’N. lat., 71°51.5’W.

long.; is shown from an octagonal,

pyramidal tower, 108 ft (32.9 m) high;

and has a covered way to a dwelling.

Point Judith Light means the aid to

navigation light located at Point Judith,

RI, and defined as follows: Located at

41°21.7’N. lat., 71°28.9’W. long.; is 65 ft

(19.8 m) above the water; and is shown

from an octagonal tower 51 ft (15.5 m)

high.

Retain means to fail to return Atlantic

striped bass or weakfish to the sea

immediately after the hook has been

removed or the fish has otherwise been

released from the capture gear.
49456 Federal Register / Vol. 62, No. 183 / Monday, September 22, 1997 / Rules and Regulations

Shrimp trawl net means any trawl net

that is rigged for fishing and has a mesh

size less than 2.50 inches (6.35 cm), as

measured between the centers of

opposite knots when pulled taut, and

each try net, as defined at § 622.2 of this

chapter, that is rigged for fishing and

has a headrope length longer than 16.0

ft (4.9 m).

TED (turtle excluder device) means a

device designed to be installed in a

trawl net forward of the codend for the

purpose of excluding sea turtles from

the net.

Weakfish means members of the stock

or population of the species Cynoscion

regalis, found along the Atlantic Coast

from southern Florida to Massachusetts

Bay.

§ 697.3 Relation to the Magnuson-Stevens

Act.

The provisions of sections 307

through 311 of the Magnuson-Stevens

Act, as amended, regarding prohibited

acts, civil penalties, criminal offenses,

civil forfeitures, and enforcement apply

with respect to the regulations in this

part, as if the regulations in this part

were issued under the MagnusonStevens Act.

§ 697.4 Relation to state law.

The regulations in this part do not

preempt more restrictive state laws, or

state enforcement of more restrictive

state laws, with respect to weakfish

fishing.

§ 697.5 Civil procedures.

The civil procedure regulations at 15

CFR part 904 apply to civil penalties,

permit sanctions, seizures, and

forfeitures under the Atlantic Striped

Bass Act and the Atlantic Coastal

Fisheries Cooperative Management Act,

and the regulations in this part.

§ 697.6 Specifically authorized activities.

NMFS may authorize, for the

acquisition of information and data,

activities that are otherwise prohibited

by the regulations in this part.

§ 697.7 Prohibitions.

(a) Atlantic Coast weakfish fishery. In

addition to the prohibitions set forth in

§ 600.725 of this chapter, the following

prohibitions apply. It is unlawful for

any person to do any of the following:

(1) Fish for, harvest, or possess any

weakfish less than 12 inches (30.5 cm)

in total length (measured as a straight

line along the bottom of the fish from

the tip of the lower jaw with the mouth

closed to the end of the lower tip of the

tail) from the EEZ.

(2) Retain any weakfish less than 12

inches (30.5 cm) in total length taken in

or from the EEZ.

(3) Fish for weakfish in the EEZ with

a minimum mesh size less than 3 1/4–

inch (8.3 cm) square stretch mesh (as

measured between the centers of

opposite knots when stretched taut) or

3 3/4–inch (9.5–cm) diamond stretch

mesh for trawls and 2 7/8–inch (7.3 cm)

stretch mesh for gillnets.

(4) To possess more than 150 lb (67

kg) of weakfish during any one day or

trip, whichever is longer, in the EEZ

when using a mesh size less than 3 1/

4–inch (8.3 cm) square stretch mesh (as

measured between the centers of

opposite knots when stretched taut) or

3 3/4–inch (9.5 cm) diamond stretch

mesh for finfish trawls and 2 7/8–inch

(7.3 cm) stretch mesh for gillnets.

(5) To fish using a flynet in the EEZ

off North Carolina in the area bounded

as follows:

(i) On the north by a straight line

connecting points 35°10.8’N. lat.,

75°29.2’W. long. (3 nm off Cape

Hatteras) and 35°03.5’N. lat., 75°11.8’W.

long. (20 nm off Cape Hatteras).

(ii) The east by a straight line

connecting points 35°03.5’N. lat.,

75°11.8’W. long. (20 nm off Cape

Hatteras) and 33°21.1’N. lat., 77°57.5’W.

long., (about 30 nm off Cape Fear on the

extension of the North Carolina/South

Carolina state line into the EEZ).

(iii) On the south by a straight line

connecting points 33°21.1’N. lat.,

77°57.5’W. long., and 33°48.8’N. lat.,

78°29.7’W. long. (3 nm off Little River

Inlet on the North Carolina/South

Carolina state line).

(iv) On the west by state waters.

(6) To possess any weakfish in the

closed area of the EEZ, described in

Paragraph (a)(5) of this section, when

fishing with shrimp trawls or crab

trawls.

(7) To land weakfish for commercial

purposes caught in the EEZ in any state

other than Massachusetts, Rhode Island,

Connecticut, New York, New Jersey,

Delaware, Maryland, Virginia, or North

Carolina.

(b) Atlantic striped bass fishery. In

addition to the prohibitions set forth in

§ 600.725, the following prohibitions

apply. It is unlawful for any person to

do any of the following:

(1) Fish for Atlantic striped bass in

the EEZ.

(2) Harvest any Atlantic striped bass

from the EEZ.

(3) Possess any Atlantic striped bass

in or from the EEZ, except for the

following area: The EEZ within Block

Island Sound, north of a line connecting

Montauk Light, Montauk Point, NY, and

Block Island Southeast Light, Block

Island, RI; and west of a line connecting

Point Judith Light, Point Judith, RI, and

Block Island Southeast Light, Block

Island, RI. Within this area, possession

of Atlantic striped bass is permitted,

provided no fishing takes place from the

vessel while in the EEZ and the vessel

is in continuous transit.

(4) Retain any Atlantic striped bass

taken in or from the EEZ.

[FR Doc. 97–24921 Filed 9–17–97; 2:29 pm]

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