Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations 9377

geographic area of the fishery for

biological sampling and monitoring the

status of the stock;

(B) The current year catches from the

particular geographic area relative to the

catches recorded for that area during the

preceding 4 years;

(C) The catches from the particular

geographic area to date relative to the

entire category and the likelihood of

closure of that entire category of the

fishery if no allocation is made;

(D) The projected ability of the entire

category to harvest the remaining

amount of Atlantic bluefin tuna before

the anticipated end of the fishing

season.

It is essential for domestic and

international management purposes that

NMFS collect complete information

from the bluefin fishery and stocks from

as wide a geographic range and for as

many months during the year as

possible. Extensive information on the

1997 winter fishery has been collected.

Therefore, an interim closure of the

entire Angling category fishery at this

time would allow for increased

monitoring activities once the bluefin

have migrated further north, where

fishing has not yet begun, and the

fishery is reopened.

Current year catches cannot be

compared to landings of the last 4 years,

because it was not until 1995 that an

Angling category winter fishery began to

develop and not until 1996 that NMFS

began to monitor these Angling category

landings through the Large Pelagic

Survey and through state assistance. In

1996, the Angling category subquotas

for large school/small medium bluefin

and for school bluefin off Delaware and

states south were filled prematurely,

due to high catch rates early in the

season in southern areas, thus reducing

fishing opportunities further north, even

for school bluefin. While the final 1997

annual quota for the Angling category of

ABT has not yet been established (the

1996 allocation was 243 mt), if the

current harvest rate continues, it is

possible that a significant portion of the

entire Angling category quota might be

taken prior to the time that the species

migrates north to the eight other states

in which there is a recreational fishery

for bluefin. Because it is relatively early

in the fishing season, and given catch

rates over the past few years, it is

reasonable to expect that Angling

category fishermen will harvest the

remaining quota before the end of the

season.

Given current catch rates, the public

interest in an equitable distribution of

catch among fishermen in the Angling

category, and the need for scientific data

from throughout the species’ range,

NMFS has decided to close the Angling

category fishery for school, large school,

and small medium bluefin tuna in all

areas. Therefore, retaining, possessing,

or landing any school, large school or

small medium ABT under the Angling

category quota must cease at 11:30 p.m.

local time on March 2, 1997.

NMFS may reopen the fishery when

it is determined that the bluefin have

migrated further north and will publish

that effective date in the Federal

Register. In 1995 and 1996, bluefin tuna

were observed to leave North Carolina

waters in April. Historically, school

bluefin tuna arrive off of Virginia in

May and move northward through the

mid-Atlantic region during the summer

feeding migration. Determination of

migration shall be based on catch

reports from anglers fishing for other

large pelagic species such as yellowfin

tuna and anglers fishing for bluefin tuna

under the catch and release program.

Dockside intercepts from the Marine

Recreational Fishing Statistics Survey

and logbook reports filed by commercial

fishermen shall also be used to

document the migration to northern

areas.

Anglers may continue to fish for

school, large school and small medium

ABT, measuring 27 inches (69 cm) to

less than 73 inches (119 cm) total

curved fork length under the NMFS tag

and release program (50 CFR 285.27).

Additionally, pending attainment of the

annual quota for trophy fish, large

medium or giant ABT (73 inches (119

cm) total curved fork length or greater)

may still be landed under the Angling

category subject to the trophy fish limit

of one per vessel per year. Such large

medium or giant ABT must be reported

to the nearest NMFS enforcement office

as required under § 285.24. In North

Carolina, trophy fish must be reported

to the Coast Guard at 919–995–6403 or

to NMFS Enforcement at 919–808–2393.

Anglers should verify that the trophy

category remains open by calling the

NMFS 24–hour Information Line at

301–713–1279 prior to each fishing trip.

Classification

This action is taken under 50 CFR

285.20(b) and 50 CFR 285.22 and is

exempt from review under E.O. 12866.

Authority: 16 U.S.C. 971 et seq.

Dated: February 25, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–5155 Filed 2–26–97; 12:34 pm]

BILLING CODE 3510–22–F

50 CFR Part 648

[Docket No. 970214031–7031–01; I.D.

011697C]

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Framework Adjustment 16

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement measures contained in

Framework Adjustment 16 to the

Northeast Multispecies Fishery

Management Plan (FMP). This rule

prohibits the use of all gillnets capable

of catching Northeast multispecies

during the periods in which the harbor

porpoise time/area closures are in effect

unless the gillnet meets certain

specifications. The intent of this action

is to restrict the use of small mesh

pelagic gillnets, which are currently

exempt from the multispecies

regulations, to avoid increasing the risk

of harbor porpoise entanglements but

still allow a traditional bait fishery to

continue by specifying the size and

method of deployment of the gear.

EFFECTIVE DATE: April 2, 1997.

ADDRESSES: Copies of Amendment 7 to

the Northeast Multispecies Fishery

Management Plan (Amendment 7), its

regulatory impact review (RIR) and the

final regulatory flexibility analysis

(FRFA) contained with the RIR, its final

supplemental environmental impact

statement (FSEIS), and Framework

Adjustment 16 documents are available

upon request from Paul Howard,

Executive Director, New England

Fishery Management Council (Council),

5 Broadway, Saugus, MA 01906-1097.

FOR FURTHER INFORMATION CONTACT:

Richard A. Pearson, NMFS, Fishery

Policy Analyst, 508-281-9279.

SUPPLEMENTARY INFORMATION:

Background

Regulations governing the Northeast

Multispecies fishery prohibit sink

gillnet vessels from fishing in defined

areas of the Gulf of Maine (GOM) during

certain time periods based on the

historic bycatch of harbor porpoise in

that fishery.

Framework Adjustment 9 to the FMP

(60 FR 19364, April 18, 1995) prohibited

any fishery using small mesh gear

capable of catching multispecies unless

the fishery qualified for an exemption

based on a finding that it had less than

5 percent bycatch of regulated species.

This had the effect of prohibiting small
9378 Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations

mesh pelagic gillnets in the harbor

porpoise time/area closures even though

the regulation was unrelated to harbor

porpoise protection.

Amendment 7 to the FMP (61 FR

27710, May 31, 1996) exempted pelagic

gillnets, including the small mesh

pelagic gear used in the bait fishery,

from the multispecies management

measures, because the gear type has

virtually no bycatch of multispecies.

The Council’s intent was, and still is, to

allow vessels to fish for bait with certain

pelagic nets, and to exempt pelagic drift

gillnets used to catch swordfish, tunas,

and sharks with large mesh in offshore

fisheries that are not managed by the

Council. The unintended consequence

of the measure in Amendment 7

pertaining to gillnets was that there

were no restrictions on the size, use,

and deployment of small mesh pelagic

gillnets in the harbor porpoise time/area

closures even though certain types of

small mesh gillnets are capable of

entangling harbor porpoise.

In the GOM, small mesh pelagic

gillnets are either anchored or fished on

the surface of the water and are used

seasonally by tuna and lobster

fishermen to collect herring, menhaden,

mackerel, and whiting for bait. Periods

of highest use overlap both in time and

area with the harbor porpoise closures.

Although, at this time, harbor porpoise

bycatch in small mesh pelagic gillnets

does not appear to be a significant

problem, NMFS and the Council are

specifying the size and characteristics of

these nets and their method of

deployment because the gear is

currently unrestricted and has

accounted for harbor porpoise

entanglements. The intent of this action

is to avoid any increased risk of

entanglement but still allow for the

prosecution of traditional bait fisheries.

Regulatory Provisions

This rule extends the time and area

closures implemented to reduce

entanglements of harbor porpoise in the

GOM to all gillnets capable of catching

multispecies with the following

exception: vessels may fish with a single

pelagic gillnet, not longer than 300 ft

(91.44 m) and not greater than 6 ft (1.83

m) deep, with a maximum mesh size of

3 inches (7.62 cm); the net must be

attached to the boat, fished in the upper

two-thirds of the water column, and

marked with the owner’s name and

vessel identification number.

These restrictions apply to all pelagic

gillnets capable of catching multispecies

deployed in any of the harbor porpoise

time/area closures. Gillnets used to

capture highly migratory species, that

are incapable of capturing multispecies

finfish, are not restricted by this action.

A 1990 gillnet survey indicates that

approximately 200 vessels occasionally

use pelagic gillnets primarily to harvest

bait. The cost and availability of bait in

the tuna and lobster fisheries may

increase as a result of this action, but

these costs will probably be offset by

lower enforcement costs due to the

enforceability of the measure as the net

must be attached to the vessel and

tended at all times. According to

comments received at public meetings,

vessels should still be able to capture

enough bait to meet their requirements.

The Council considered information,

views and comments made at Marine

Mammal Committee meetings held on

April 2, 1996, May 12, 1996, and July

30, 1996, and at three Council meetings,

on April 17, 1996, June 5, 1996, and July

17, 1996. Documents summarizing the

Council’s proposal, the biological

analyses upon which this decision was

based, and potential economic impacts

were available for public review 5 days

prior to the final meeting as required

under the framework adjustment

process. Written comments were

accepted up to and during the August

20, 1996, Council meeting in Danvers,

MA.

Comments and Responses

Comments on the action were

received at several meetings from

individuals representing the

International Wildlife Coalition, Maine

Department of Marine Resources, East

Coast Tuna Association, and the

Massachusetts Netters Association.

Fishermen’s concerns centered chiefly

on a possible alteration in fishing

practices, while all groups supported

the specifications for net length, mesh

size, deployment and gear marking.

Comment : Several groups and a

number of individuals were concerned

about the net tending requirement. Nets

are often anchored to the bottom and are

left unattended if an opportunity such

as a giant bluefin tuna presents itself.

Because of this, an individual

representing the tuna industry stated

that it would be very inconvenient to

attach the net to the vessel, although it

would still be possible to prosecute both

fisheries. Greater concern was expressed

by individuals representing the lobster

industry, since lobstermen fishing for

bait with pelagic gillnets anchor their

nets on the bottom and leave them to

check traps before returning to haul the

net.

Response: Harbor porpoise are present

in significant numbers inshore in the

northern GOM during the summer and

early fall months. Given that both tuna

and lobster fisheries are fishing for the

same prey species as harbor porpoise

and that their fishing season and the

presence of porpoise overlap, the

possibility for entanglement is likely,

particularly without any restrictions on

bait nets. Although the porpoise bycatch

in such nets appears to be low at this

time, the restrictions provided for in

this action would enhance protection in

areas where they are most susceptible to

entanglement. The requirement that the

net be attached to the vessel and its size

essentially guarantees that vessel

operators would be aware of any marine

mammal interactions. Restricting the

use of baitnets to small pelagic gillnets

in the harbor porpoise closure areas also

addresses the dilemma of enforcing the

porpoise measures for one type of

gillnet while exempting another that

may be fished in much the same

manner.

Adherence to Framework Procedure

Requirements

The Council considered public

comment prior to making its

recommendation to the Administrator,

Northeast Region, NMFS, under the

provisions for abbreviated rulemaking

in this FMP. The Council requested

publication of these management

measures as a final rule after

considering the required factors

stipulated under the framework

measures in the FMP, 50 CFR 648.90,

and has provided supporting analyses

for each factor considered. NMFS

concurs.

Classification

Public meetings held by the Council

to discuss the management measures

implemented by this rule provided prior

notice and opportunity for public

comment to be heard and considered.

The Council’s Marine Mammal

Committee discussed the framework

adjustment at public meetings on April

2, 1996, May 21, 1996, and July 30,

1996, and at the Multispecies

(Groundfish) Committee meetings held

on April 11, 1996, and April 13, 1996.

Therefore, the Assistant Administrator

for Fisheries, NOAA, finds there is good

cause under 5 U.S.C. 553(b)(B) to waive

the requirement to provide prior notice

or an opportunity for public comment as

such procedures are unnecessary.

As prior notice and an opportunity for

public comment are not required to be

provided for this rule by 5 U.S.C. 553,

or any other law, the analytical

requirement of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq., are

applicable. Nevertheless, this action

does not significantly increase the

impact beyond the scope of impact on
Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Rules and Regulations 9379

small entities already analyzed,

discussed, and described in

Amendments 5 and 7 to the FMP.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: February 21, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 648 is amended

as follows:

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

1. The authority citation for part 648

continues to read as follows:

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

2. In § 648.2, the definition for

‘‘Gillnet gear capable of catching

multispecies’’ is added in alphabetical

order to read as follows:

§ 648.2 Definitions.

* * * * *

Gillnet gear capable of catching

multispecies means all gillnet gear

except pelagic gillnet gear specified at

§ 648.81(f)(2)(ii) and pelagic gillnet gear

that is designed to fish for and is used

to fish for, or catch, tunas, swordfish

and sharks.

* * * * *

3. In § 648.14, paragraph (a)(89) is

revised and paragraph (c)(11) is added

to read as follows:

§ 648.14 Prohibitions.

(a) * * *

(89) Fish with, set, haul back, possess

on board a vessel, unless stowed in

accordance with § 648.23(b), or fail to

remove sink gillnet gear or gillnet gear

capable of catching multispecies from

the EEZ portion of the areas, and for the

times, specified in § 648.87(a) and (b),

except as provided in § 648.81(f)(2)(ii)

and in § 648.87(b)(1)(i), or unless

authorized in writing by the Regional

Administrator.

* * * * *

(c) * * *

(11) Enter, fail to remove sink gillnet

gear or gillnet gear capable of catching

multispecies from, or be in the areas,

and for the times, described in

§ 648.87(a) and (b), except as provided

in § 648.81(d), (f)(2), (g)(2), and (h)(2),

and in § 648.87(b)(1)(i).

* * * * *

4. In § 648.81, paragraph (f)(2)(ii) is

revised to read as follows:

§ 648.81 Closed areas.

* * * * *

(f) * * *

(2) * * *

(ii) That are fishing with or using

exempted gear as defined under this

part, excluding mid-water trawl gear

and pelagic gillnet gear capable of

catching multispecies, except vessels

may fish with a single pelagic gillnet,

not longer than 300 ft and not greater

than 6 ft deep, with a maximum mesh

size of 3 inches, provided the net is

attached to the boat, is fished in the

upper two-thirds of the water column

and is marked with the owner’s name

and vessel identification number, and

provided there is no other gear on board

capable of catching multispecies finfish;

or

* * * * *

5. In § 648.87, the section heading and

paragraph (a) and paragraph (b) heading

and introductory text are revised to read

as follows:

§ 648.87 Gillnet requirements to reduce

harbor porpoise takes.

(a) Areas closed to sink gillnets and

other gillnets capable of catching

multispecies. Sections 648.81(f) through

(h) set forth closed area restrictions to

reduce the take of harbor porpoise

consistent with the harbor porpoise

mortality goals.

(b) Additional areas closed to sink

gillnets and other gillnets capable of

catching multispecies. All persons

owning or operating vessels in the EEZ

portion of the areas and for the times

specified in paragraphs (b)(1) and (2) of

this section, must remove all of their

sink gillnets and other gillnet gear

capable of catching multispecies, and

may not use, set, haul back, fish with,

or possess on board (unless stowed in

accordance with the requirements of

§ 648.23(b)), a sink gillnet or other

gillnet gear capable of catching

multispecies except for a single pelagic

gillnet as described in § 648.81(f)(2)(ii);

and all persons owning or operating

vessels issued a limited access

multispecies permit must remove all of

their gillnet gear capable of catching

multispecies and may not use, set, haul

back, fish with, or possess on board

(unless stowed in accordance with the

requirements of § 648.23(b)), a gillnet

capable of catching multispecies in the

areas and for the time specified in

paragraphs (b)(1) and (2) of this section,

except for a single pelagic gillnet as

described in § 648.81(f)(2)(ii).

* * * * *

[FR Doc. 97–4907 Filed 2–28–97; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

022697A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Offshore Component

Pollock in the Aleutian Islands Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification of a closure;

inseason adjustment.

SUMMARY: NMFS is opening directed

fishing for pollock by vessels catching

pollock for processing by the offshore

component in the Aleutian Islands

subarea (AI) of the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to fully

utilize the total allowable catch (TAC) of

pollock in that area.

DATES: The modification is effective

1200 hrs, Alaska local time (A.l.t.),

February 26, 1997, until 2400 hrs, A.l.t.,

February 27, 1997. Comments must be

received at the following address no

later than 1630 hrs, A.l.t., March 17,

1997.

FOR FURTHER INFORMATION CONTACT:

Mike Sloan, 907–581–2062.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Bering Sea

and Aleutian Islands Area (FMP)

prepared by the North Pacific Fishery

Management Council under authority of

the Magnuson-Stevens Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at

subpart H of 50 CFR part 600 and 50

CFR part 679.

In accordance with § 679.20 (c)(3)(iii),

the allowance for the pollock TAC

apportioned for vessels catching pollock

for processing by the offshore

component in the AI was established by

the Final 1997 Harvest Specifications

for Groundfish (62 FR 7168, February

18, 1997) as 16,835 metric tons (mt).

The Administrator, Alaska Region,

NMFS (Regional Administrator), has

established a directed fishing allowance

of 14,835 mt, and set aside the

remaining 2,000 mt as bycatch to

support other anticipated groundfish

fisheries. The fishery for pollock by

vessels catching pollock in the AI of the

BSAI was closed to directed fishing

under § 679.20(d)(1)(iii) on February 23,

1997, in order to reserve amounts

anticipated to be needed for incidental

catch in other fisheries. This action was