Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60889

* * * * *

Dated: September 28, 2000.

Kenneth L. Smith,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 00–26349 Filed 10–12–00; 8:45 am]

BILLING CODE 4310–55–C

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[Docket No. 000928277-0277-01; I.D.

091100A]

RIN 0648-AO67

Atlantic Highly Migratory Species;

Pelagic Longline Fishery; Sea Turtle

Protection Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency rule; request for

comments.

SUMMARY: NMFS issues emergency

regulations to implement a time and

area closure for pelagic longline fishing,

within the Northeast Distant Statistical

Sampling (NED) Area. Additionally, this

rule requires all pelagic longline vessels

that have been issued Federal highly

migratory species (HMS) fishing permits

and that fish in the Atlantic Ocean,

including the Gulf of Mexico and

Caribbean Sea, to carry on board dipnets

and line clippers meeting NMFS design

and performance standards. These

regulations are necessary to reduce the

bycatch and bycatch mortality of

loggerhead and leatherback sea turtles

by the Atlantic pelagic longline fishery.

DATES: This emergency rule is effective

October 10, 2000, through April 9, 2001,

except that the amendment to

§ 635.21(c)(5) is effective November 24,

2000, through April 9, 2001. Comments

must be received no later than 5 p.m. on

January 8, 2001.

ADDRESSES: Written comments on this

action must be mailed to Christopher

Rogers, Acting Chief, NMFS Highly

Migratory Species Management

Division, 1315 East-West Highway,

Silver Spring, MD 20910; or faxed to

301-713-1917. Comments will not be

accepted if submitted via email or the

Internet. Copies of the environmental

assessment and regulatory impact

review prepared for this action may be

obtained from Christopher Rogers.

FOR FURTHER INFORMATION CONTACT:

Margo Schulze-Haugen, Karyl BrewsterGeisz, or Tyson Kade at 301-713-2347.

SUPPLEMENTARY INFORMATION: The

Atlantic swordfish and tuna fisheries

are managed under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) and the

Atlantic Tunas Convention Act. The

Fishery Management Plan for Atlantic

Tunas, Swordfish, and Sharks (HMS

FMP) is implemented by regulations at

50 CFR part 635.

Pelagic Longline Fishery

Pelagic longline gear is the dominant

commercial fishing gear used by U.S.

fishermen in the Atlantic Ocean to

target HMS. The gear consists of a

mainline, often many miles long,

suspended in the water column by floats

and from which baited hooks are

attached on leaders (gangions). Though

not completely selective, longline gear

can be modified (e.g., gear

configuration, hook depth, timing of

sets) to target preferentially yellowfin

tuna, bigeye tuna, or swordfish.

Observer data and vessel logbook data

indicate that pelagic longline fishing for

Atlantic swordfish and tunas results in

catch of such non-target finfish species,

as bluefin tuna, billfish, undersized

swordfish, and of protected species,

including threatened and endangered

sea turtles. The bycatch of fish that are

hooked but not retained due to

economic or regulatory factors

contributes to overall fishing mortality.

Such bycatch mortality may

significantly impair the rebuilding of

overfished finfish stocks. Additionally,

the bycatch of protected species (sea

turtles or marine mammals) may

significantly impair the recovery of

these species.

Consistent with national standard 9 of

the Magnuson-Stevens Act, NMFS has

implemented measures to reduce

bycatch and bycatch mortality to the

extent practicable in the Atlantic pelagic

longline fishery. In 1999, NMFS

implemented a time and area closure in

the Mid-Atlantic bight for the month of

June to reduce bycatch of Atlantic

bluefin tuna (64 FR 29090, May 28,

1999). Additionally, NMFS

implemented a year-round time and

area closure in the northeastern Gulf of

Mexico (DeSoto Canyon), effective

November 1, 2000; a year-round time

and area closure along the east coast of

Florida, effective February 1, 2001; and

a 3-month time and area closure off

Georgia, South Carolina, and a portion

of North Carolina (Charleston Bump),

effective February 1, 2001 (65 FR 47214,

August 1, 2000).

Sea Turtle Bycatch Reduction

Under the Endangered Species Act

(ESA), NMFS is required to address

fishery-related take of sea turtles that are

listed as threatened or endangered.

Although a high percentage of hooked

sea turtles are released alive, NMFS

remains concerned about serious

injuries of turtles taken by pelagic

longline gear. On November 19, 1999,

NMFS re-initiated consultation under

section 7 of the ESA based on

preliminary reports observing that

incidental take of loggerhead sea turtles

by the Atlantic pelagic longline fishery

during 1999 had exceeded levels

anticipated in the Incidental Take

Statement previously issued for the

HMS FMP. Additionally, the

consultation considered the impacts of

the pelagic longline rulemaking that was

in preparation because it was

recognized that certain time and area

closures, if implemented, could affect

the overall interaction rates of the

pelagic longline fleet with sea turtles.

National standard 9 of the MagnusonStevens Act requires that conservation

and management measures, ‘‘to the

extent practicable, (A) minimize bycatch

and (B) to the extent bycatch cannot be

avoided, minimize the mortality of such

bycatch.’’ Sea turtles are defined as

bycatch in the Magnuson-Stevens Act

because they may not be retained and

must be released. In certain times and

areas, the Atlantic pelagic longline

fishery has relatively high rates of sea

turtle bycatch, with associated

mortality.

In its most recent Biological Opinion

(BO) on management of the Atlantic

HMS fisheries, completed June 30, 2000,

NMFS concluded that operation of the

pelagic longline fishery jeopardized the

continued existence of threatened

loggerhead and endangered leatherback

sea turtles. This conclusion was based

on the current status of the loggerhead

and leatherback sea turtle populations

in the Atlantic Ocean, Caribbean Sea,

and Gulf of Mexico, the status of the

northern subpopulation of loggerhead

sea turtles, and the anticipated

continuation of current levels of injury

and mortality of both species described

in the environmental baseline and

cumulative effects section of the BO.

The future trend of species abundance

considers the current rate of bycatch in

HMS fisheries and the potential shifts in

effort estimated in the Final

Supplemental Environmental Impact

Statement on the Regulatory

Amendment to the Atlantic Tunas,

Swordfish, and Sharks Fishery

Management Plan.

60890 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

Since the June 30, 2000, BO was

issued, NMFS has concluded that

further analyses of observer data and

additional population modeling of

loggerhead sea turtles are needed to

determine more precisely the impact of

the pelagic longline fishery on sea

turtles. Consequently, NMFS has reinitiated consultation. NMFS anticipates

completing the consultation and issuing

a new BO in early 2001. Until the

consultation is completed and

appropriate long-term measures can be

determined, NMFS is implementing

these emergency measures in the shortterm to reduce sea turtle bycatch and

bycatch mortality in the pelagic longline

fishery.

After the June 30, 2000, BO was

issued, NMFS conducted a series of

seven scoping workshops in locations

where pelagic longline vessels make

landings and which could potentially be

affected by implementation of the

reasonable and prudent alternatives

identified in that BO. NMFS received

numerous comments that the

alternatives identified in the June 30,

2000, BO would have significant

economic impacts and would

potentially eliminate segments of the

Atlantic pelagic longline fleet.

Commentors questioned the validity of

the June 30, 2000, BO conclusions and

suggested alternative measures that

NMFS could analyze to reduce sea turtle

bycatch. These alternative measures

included gear deployment

modifications, such as fishing deeper

and colder waters, increasing the

number of hooks between floats, using

different bait, avoiding warm core

eddies, and using line clippers to

remove gear on captured sea turtles.

Additionally, NMFS received comments

that agency guidance on sea turtle

handling and release has been confusing

and that clarification of guidelines

would reduce the number of sea turtles

released with fishing gear attached. The

measures implemented in this rule are

based in part on the consideration of

these comments.

Time and Area Closure and Gear

Requirements

The goal of this regulation is to reduce

the incidental take and mortality of sea

turtles captured by pelagic longlines.

The first measure is a time and area

closure that will reduce the number of

sea turtles caught by the pelagic

longline fleet in the NED area. The NED

area has a historically high level of

incidental sea turtle captures. The

regulation will close an L-shape area to

vessels that have been issued Federal

HMS permits and use pelagic longline

gear. The closed area is bounded by the

following coordinates: 45°00’ N. lat.,

49°00’ W. long.; 45°00’ N. lat., 43°00’ W.

long.; 43°00’ N. lat., 43°00’ W. long.;

43°00’ N. lat., 47°00’ W. long.; 41°00’ N.

lat., 47°00’ W. long.; 41°00’ N. lat.,

49°00’ W. long.; 45°00’ N. lat., 49°00’ W.

long. This area is closed to pelagic

longline fishing from October 10, 2000,

through April 9, 2001.

The second measure is designed to

reduce the mortality rate of captured sea

turtles. All Atlantic pelagic longline

vessels that have been issued Federal

HMS permits by [insert date 45 days

after date of filing in the Federal

Register] must carry on board dipnets

and line clippers that meet NMFS

design and performance standards and

must comply with requirements for the

use of these dipnets and line clippers

and for the handling of incidentally

caught sea turtles. Dipnets and line

clippers will enable the vessel captain

and crew to disengage sea turtles caught

or entangled in their gear. Technical

descriptions of the dipnet and line

clipper gear are available from NMFS

(see ADDRESSES) and are also included

in this rule. The starting date for this

requirement allows fishermen ample

opportunity to purchase or fabricate the

gear.

Classification

These emergency regulations are

published under the authority of the

Magnuson-Stevens Act and the Atlantic

Tunas Convention Act. The Assistant

Administrator (AA) has determined that

these regulations are necessary to

reduce, to the extent practicable, the

bycatch and bycatch mortality of sea

turtles in the pelagic longline fishery.

NMFS prepared an Environment

Assessment for this emergency rule that

describes the impact on the human

environment and found that no

significant impact would result. This

emergency rule is of limited duration

and is expected to result in a reduction

of overall sea turtle bycatch and bycatch

mortality associated with the pelagic

longline fisheries. NMFS intends to

complete the consultation on HMS

fisheries in early 2001, and any

reasonable and prudent alternatives to

jeopardy to sea turtles would be

implemented prior to the primary

pelagic longline fishing season (July

through October) in the NED area.

NMFS also prepared a Regulatory

Impact Review for this action which

assesses the economic costs and benefits

of the action. In the time period between

January 1, to March 31, 1998, and

October 1, to December 31, 1998, 12

vessels made 13 trips to the NED area.

During the same time periods in 1999,

8 vessels made 10 trips to the NED area.

The estimated gross revenues for this

fishery in this timeframe were $819,620

in total and averaged $68,302 per vessel

in 1998 and were $794,678 in total and

averaged $99,335 per vessel in 1999.

In 1998, 11 vessels fished in the Lshape closed area within the NED area,

and 7 vessels fished in the L-shape

closed area in 1999. The estimated gross

revenues for these vessels from the Lshape closed area from October 1 to

March 31 were $525,771 in total and

averaged $47,797 per vessel in 1998 and

were $548,439 in total and averaged

$78,348 per vessel in 1999. Closing this

area for the duration of the emergency

rule beginning October 10, 2000, could

result in losses of approximately 25 to

40 percent in annual gross revenues per

vessel, when considering catch taken in

1998 or 1999. However, this assumes

that these fishermen would not fish in

any other portion of the NED area or in

another statistical area. This is not

realistic, especially considering the fact

that the logbooks indicate that the

fishermen have historically fished both

inside and outside the closed area

within the same trip. NMFS believes

that, although some revenues may be

lost as a result of this closure, it is likely

that fishermen will be able to

compensate for lost revenues by fishing

in portions of the NED area that remain

open or by fishing in other statistical

areas.

Requiring the use of line clippers and

dipnets to release hooked turtles is not

expected to increase costs substantially.

In a similar rule for the fisheries in the

Western Pacific, NMFS estimated the

total cost for the materials to fabricate

and/or purchase line clippers and

dipnets to be $250 (65 FR 16347, March

28, 2000).

Closing this area is likely to cause

some individual fishermen, processors,

dealers, and suppliers to experience a

slight increase in costs and possibly a

large decrease in gross revenues. This

emergency rule should not affect the

fishery as a whole because the

fishermen can and do fish in other

areas. Also, it does not limit the amount

of fish that may be landed. Finally, this

emergency rule is of limited duration.

The modification of the definition of

pelagic longline gear will not result in

any economic impacts not previously

considered.

This emergency rule has been

determined to be significant for the

purposes of Executive Order 12866.

NMFS issues this emergency rule,

effective for 180 days, as authorized by

section 305(c) of the Magnuson-Stevens

Act. This emergency rule may be

extended for an additional 180 days

provided the public has had an

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60891

opportunity to comment on the

emergency rule and, at the time of

extension, a plan amendment or

proposed regulations to address sea

turtle bycatch and bycatch mortality on

a permanent basis is being actively

pursued. Public comments on this

emergency rule will be considered in

determining whether to maintain or

extend this emergency rule to reduce

sea turtle bycatch. Responses to

comments will be provided if the

emergency rule is revoked, modified, or

extended. Because no general notice of

proposed rulemaking is required to be

published in the Federal Register for

this emergency rule, the analytical

requirements of the Regulatory

Flexibility Act are not applicable and no

Regulatory Flexibility Analysis was

prepared.

The AA finds that there is good cause

to waive the requirement to provide

prior notice and an opportunity for

public comment pursuant to authority

set forth at 5 U.S.C. 553(b)(B), as such

provisions would be contrary to public

interest. This emergency rule is

necessary to reduce the anticipated

impacts of the pelagic longline fishery

on listed sea turtles. The NED area

closure is scheduled to be in effect

October 10, 2000, in order to reduce sea

turtle bycatch and bycatch mortality in

the remaining portion of the fishing

season in the NED area. The months of

July through November, are historically

high periods of sea turtle interactions. If

this action is delayed, then the expected

reduction in sea turtle bycatch and

bycatch mortality will not occur,

contrary to the public interest, because

the highest level of fishing activity in

the NED area will have already

occurred.

The AA, under 5 U.S.C. 553(d)(3),

finds that it would be contrary to the

public interest to delay the effective

date of the time and area closure within

the NED area for the 30 days normally

required. The AA finds that these

measures are necessary to reduce sea

turtle bycatch and bycatch mortality.

Given NMFS’s ability to communicate

rapidly these regulations to fishing

interests through the HMS Fax network,

NOAA weather radio, press releases,

mailing lists, and the HMS Infoline, the

AA has determined there is good cause

for a partial waiver of the 30-day delay

in the effective date for the area closure

because such delay would be contrary to

the public good.

NMFS has determined that this

emergency rule is consistent to the

maximum extent practicable with the

coastal zone management programs of

those Atlantic, Gulf of Mexico, and

Carribean coastal states that have

approved coastal zone management

programs.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing Vessels,

Foreign relations, Intergovernmental

relations, Penalties, Reporting and

recordkeeping requirements, Statistics,

Treaties.

Dated: October 10, 2000.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 635 is amended

as follows:

PART 635— ATLANTIC HIGHLY

MIGRATORY SPECIES

1. The authority citation for part 635

continues to read as follows:

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

1801 et seq.

2. In § 635.2, a new definition for

‘‘Northeast Distant closed area’’ is added

alphabetically to read as follows:

§ 635.2 Definitions.

* * * * *

Northeast Distant closed area means

the Atlantic Ocean area bounded by

straight lines connecting the following

coordinates in the order stated: 45°00’

N. lat., 49°00’ W. long.; 45°00’ N. lat.,

43° 00’ W. long.; 43°00’ N. lat., 43°00’

W. long.; 43°00’ N. lat., 47°00’ W. long.;

41°00’ N. lat., 47°00’ W. long.; 41°00’ N.

lat., 49°00’ W. long.; 45°00’ N. lat.,

49°00’ W. long.

* * * * *

3. In § 635.21, paragraph (c)(2)(v) is

added, and paragraph (c)(5) is added to

read as follows:

§ 635.21 Gear operation and deployment

restrictions.

* * * * *

(c) * * *

(2) * * *

(v) In the Northeast Distant closed

area from October 10, 2000, local time,

through April 9, 2001.

* * * * *

(5) Sea turtle take mitigation

measures. The following measures to

reduce sea turtle post-release mortality

are effective November 24, 2000 through

April 9, 2001.

(i) Possession and use of required

mitigation gear. Line clippers meeting

minimum design standards as specified

in paragraph (c)(5)(i)(A) of this section

and dipnets meeting minimum

standards prescribed in paragraph

(c)(5)(i)(B) of this section must be

carried aboard all Federally permitted

vessels engaged in pelagic longline

fishing and must be used to disengage

any hooked or entangled sea turtles as

close as possible to the hook to prevent

any harm to the sea turtles in

accordance with the requirements

specified in paragraph (c)(5)(ii) of this

section.

(A) Line clippers. Line clippers are

intended to cut fishing line as close as

possible to hooked or entangled sea

turtles. NMFS has established minimum

design standards for line clippers. The

minimum design standards are as

follows:

(1) A protected cutting blade. The

cutting blade must be curved, recessed,

contained in a holder, or otherwise

afforded some protection to minimize

direct contact of the cutting surface with

sea turtles or users of the cutting blade.

(2) Cutting blade edge. The blade

must be capable of cutting 2.0-2.1 mm

monofilament line and nylon or

polypropylene multistrand material

commonly known as braided mainline

or tarred mainline.

(3) An extended reach holder for the

cutting blade. The line clipper must

have an extended reach handle or pole

of at least 6 ft (1.82 m).

(4) Secure fastener. The cutting blade

must be securely fastened to the

extended reach handle or pole to ensure

effective deployment and use.

(B) Dipnets. Dipnets are intended to

facilitate safe handling of sea turtles and

access to sea turtles for purposes of

cutting lines in a manner that prevents

injury and trauma to sea turtles. The

minimum design standards for dipnets

that meet the requirements of this

section nets are:

(1) An extended reach handle. The

dipnet must have an extended reach

handle of at least 6 ft (1.82 m) of wood

or other rigid material able to support a

minimum of 100 lbs (34.1 kg) without

breaking or significant bending or

distortion.

(2) Size of dipnet. The dipnet must

have a net hoop of at least 31 inches

(78.74 cm) inside diameter and a bag

depth of at least 38 inches (96.52 cm).

The bag mesh openings may be no more

than 3 inches x 3 inches (7.62 cm 7.62

cm).

(ii) Handling requirements. (A) All

incidentally taken sea turtles brought

aboard for dehooking and/or

disentanglement must be handled in a

manner to prevent injury and promote

post-hooking survival.

(B) When practicable, comatose sea

turtles must be brought on board

immediately, with a minimum of injury,

and handled in accordance with the

procedures specified in § 223.206(d)(1).

(C) If a sea turtle is too large or

hooked in such a manner as to preclude

60892 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

safe boarding without causing further

damage/injury to the turtle, line clippers

described in paragraph (c)(5)(i)(A) of

this section must be used to clip the line

and remove as much line as possible

prior to releasing the turtle.

* * * * *

4. In § 635.71, paragraphs (a)(33) and

(a)(34) are added to read as follows:

§ 635.71 Prohibitions.

* * * * *

(a)* * *

(33) Deploy or fish with any fishing

gear from a vessel with pelagic longline

gear on board without carrying a dipnet

and line clipper as specified at

§ 635.21(c)(5)(i).

(34) Fail to disengage any hooked or

entangled sea turtle with the least harm

possible to the sea turtle as specified at

§ 635.21(c)(5)(ii).

* * * * *

[FR Doc. 00–26400 Filed 10–10–00; 3:01 pm]

BILLING CODE: 3510–22 –S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 991104295–0259–02; I.D.

100599D]

RIN 0648–AM74

Fisheries of the Northeastern United

States; Dealer and Vessel Reporting

Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

amend the existing reporting regulations

for dealers and owners whose vessels

are federally permitted to operate in the

summer flounder, scup, black sea bass,

Atlantic sea scallop, Northeast (NE)

multispecies, monkfish, Atlantic

mackerel, squid, butterfish, surfclam,

ocean quahog, spiny dogfish or Atlantic

bluefish fisheries. Changes to the

existing regulations are needed to

improve the monitoring of commercial

landings and to enhance the

enforceability of the reporting

regulations. The intent of this action is

to improve the collection of fisheriesdependent data.

DATES: Effective November 13, 2000.

ADDRESSES: Copies of the Regulatory

Impact Review supporting this action

are available from Patricia A. Kurkul,

Regional Administrator, Northeast

Region, NMFS, One Blackburn Drive,

Gloucester, MA 01930. Comments

regarding the collection-of-information

requirements contained in this final rule

should be sent to Patricia A. Kurkul and

to the Office of Information and

Regulatory Affairs, Attention: NOAA

Desk Officer, Office of Management and

Budget, Washington, D.C. 20503. Send

comments regarding any ambiguity or

unnecessary complexity arising from the

language used in this rule to Patricia

Kurkul.

FOR FURTHER INFORMATION CONTACT:

Sandra Arvilla, (978) 281–9255, Kelley

McGrath, (978) 281–9307 or Gregory

Power, (978) 281–9304.

SUPPLEMENTARY INFORMATION:

Background

In order to improve monitoring of

commercial landings and to enhance

enforceability of the reporting

regulations, this final rule clarifies or

modifies several of the existing

reporting requirements for dealers and

owners whose vessels are federally

permitted in the summer flounder, scup,

black sea bass, Atlantic sea scallop, NE

multispecies, monkfish, Atlantic

mackerel, squid, butterfish, surfclam,

ocean quahog, spiny dogfish or Atlantic

bluefish fisheries. Regulations

implementing the fishery management

plans (FMPs) for the summer flounder,

scup, black sea bass, Atlantic sea

scallop, NE multispecies, monkfish,

Atlantic mackerel, squid, butterfish,

surfclam, ocean quahog, spiny dogfish

and Atlantic bluefish fisheries were

prepared under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act and

are found at 50 CFR part 648. A

proposed rule to implement these

changes was published on December 2,

1999 (64 FR 67551). NMFS reopened the

comment period on the proposed rule to

ensure that affected fishmen and dealers

were aware of the proposed reporting

changes and had an opportunity to

provide comments (65 FR 7820,

February 16, 2000).

Trip Identifier

One of the data elements that dealers

are required to provide on the weekly

reports is a trip identifier for each trip

from which fish are purchased. This

requirement is in the existing

regulations. However, the term ‘‘trip

identifier’’ has not been defined and,

thus, has not been reported by industry.

Supplying a trip identifier for each trip

from which fish are purchased would

aid in matching dealer data with the

corresponding vessel data by using a

uniquely identifiable serial number

from the vessel logbook, if applicable, or

a combination of the date sailed, and, if

the vessel sailed more than once on the

same day, the sequential trip number

within that date sailed. To enable

dealers to provide the trip identifier to

NMFS, vessel owners/operators would

have to provide each dealer with the

trip identifier information at the time of

offloading.

Because dealer compliance would be

dependent upon compliance by the

vessel owner/operator, establishing

responsibility for compliance would be

difficult, making fair and equitable

enforcement of the requirement equally

difficult. Thus, a requirement to provide

a trip identifier is not being imposed at

this time. Due to the importance of

establishing a link between the dealer

and vessel data, NMFS intends to make

reporting a trip identifier mandatory in

the near future. NMFS will work with

industry members to explore various

options for transferring trip identifier

information from vessels to dealers

without overly burdening either party.

NMFS encourages the industry to assist

in the development of alternative

methods for providing this information.

Dealer Reporting Changes

This final rule modifies two

requirements affecting summer

flounder, scup, black sea bass, Atlantic

sea scallop, NE multispecies, monkfish,

Atlantic mackerel, squid, butterfish,

spiny dogfish or Atlantic bluefish

dealers, and two requirements affecting

surfclam or ocean quahog dealers.

To collect more comprehensive and

accurate data on the processing segment

of the industry, dealers who have been

issued a summer flounder, scup, black

sea bass, Atlantic sea scallop, NE

multispecies, monkfish, Atlantic

mackerel, squid, butterfish, spiny

dogfish or an Atlantic bluefish permit

must complete all sections of the

Annual Processed Products Report.

Federally permitted dealers must

retain copies of reports, and records

upon which the reports were based, for

a total of 3 years after the date of the last

entry on the report. This time frame is

in keeping with standard business

practices and will allow for validating

the compliance of past landings

reported by dealers and vessels.

To ensure that quotas in the surfclam

and ocean quahog fisheries are not

exceeded, harvest levels must be

monitored on a timely basis. While

dealers have historically provided these

data on a weekly basis, this action

specifies that reports must be

postmarked or received within 3 days of

the end of the reporting week.