Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations 9993

(End of provision)

[FR Doc. 97–5362 Filed 3–4–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 649

[Docket No. 970219034–7034–01; I.D.

021097D]

RIN 0648–XX81

American Lobster Fishery; Technical

Amendment

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; technical

amendment.

SUMMARY: NMFS issues this final rule to

add a provision allowing vessels issued

Maine state lobster permits to fish in

designated waters of the Federal

exclusive economic zone (EEZ). This

technical amendment conforms the

American lobster regulations to existing

statutory language, as amended by the

Sustainable Fisheries Act.

EFFECTIVE DATE: February 28, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary Tokarcik, Fisheries Management

Specialist, 508–281–9326.

SUPPLEMENTARY INFORMATION: On

October 11, 1996, the Sustainable

Fisheries Act (SFA) was signed into law.

The SFA amended, among other

statutes, the Atlantic Coastal Fisheries

Cooperative Management Act (16 U.S.C.

5101 et seq.) to allow fishing for lobster

by vessels issued Maine State American

lobster permits in designated areas of

the EEZ. These areas are often referred

to as Maine pocket waters. The SFA

provides that any person holding a valid

permit issued by the State of Maine may

engage in lobster fishing in these pocket

waters, if such fishing is in accordance

with all other applicable Federal and

State regulations. These pocket waters

are small areas of the EEZ that lie

between two areas of State waters,

created by islands near the coast of

Maine. This technical amendment

changes § 649.8, modifying the

prohibitions to allow for this provision.

It also adds § 649.24 to designate areas

of the EEZ in which State-permitted

vessels may harvest American lobster.

Classification

This rule only conforms to an existing

set of regulations to a recently enacted

statutory provision for which the agency

has no discretion. As such, under

authority at 5 U.S.C. 553(b)(B), there is

good cause to waive the requirement to

provide prior notice and an opportunity

for public comment as such procedures

are unnecessary. Similarly, as the

statute is already effective, there is good

cause under authority at 5 U.S.C.

553(d)(3) to waive the 30-day delay in

effective date.

This rule is exempt from review

under E.O. 12866.

List of Subjects in 50 CFR Part 649

Fisheries.

Dated: February 27, 1997.

Charles Karnella,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR Part 649 is amended

as follows:

PART 649—AMERICAN LOBSTER

FISHERY

1. The authority citation for part 649

continues to read as follows:

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

2. In § 649.8, paragraphs (a)

introductory text, (b), (c) introductory

text, (c)(1)(iv), (c)(2), and (c)(4) are

revised and (c)(1)(v) is added to read as

follows.

§ 649.8 Prohibitions.

(a) In addition to the general

prohibitions specified in § 600.725 of

this chapter, it is unlawful for any

person owning or operating a vessel

issued a Federal American lobster

permit under § 649.4 or a vessel or

person holding a valid State of Maine

American lobster permit or license and

fishing under the provisions of and

under the areas designated in § 649.24

to do any of the following:

* * * * *

(b) In addition to the prohibitions

specified in paragraph (a) of this

section, it is unlawful for any person

owning or operating a vessel that has

not been issued a limited access

American lobster permit as described

under § 649.4(b) or a vessel or person

holding a valid State of Maine American

lobster permit or license and fishing

under the provisions of and in the area

designated under § 649.24, to possess on

board a vessel or land American lobsters

unless the vessel is a party, charter, or

dive boat and there are six or fewer

American lobsters per person on such

boats, and the lobster are not sold,

traded or bartered, or unless the vessel

is a recreational vessel, or a vessel

fishing for American lobsters

exclusively in State waters.

(c) In addition to the general

prohibitions specified in § 600.725 of

this chapter and the prohibitions

specified in paragraphs (a) and (b) of

this section, it is unlawful for any

person to do any of the following:

(1) * * *

(iv) The American lobsters were

harvested by a recreational fishing

vessel; or

(v) The American lobsters were

harvested by a vessel or person holding

a valid State of Maine American lobster

permit or license that is fishing under

the provisions of and in the areas

designated in § 649.24.

(2) Sell, barter or trade, or otherwise

transfer, or attempt to sell, barter, or

trade, or otherwise transfer for a

commercial purpose, any American

lobsters from a vessel, unless the vessel

had been issued a valid Federal

American lobster permit under § 649.4,

the American lobsters were harvested by

a vessel without a Federal lobster permit

that fishes for lobsters exclusively in

State waters or unless the vessel or

person holds a valid State of Maine

American lobster permit or license and

is fishing under the provisions of and in

the areas designated in § 649.24.

* * * * *

(4) Purchase, possess, or attempt to

purchase or receive for commercial

purposes, as, or in the capacity of, a

dealer, American lobsters caught by a

vessel other than one issued a Federal

American lobster permit under § 649.4

or one holding or owned or operated by

one holding a valid State of Maine

American lobster permit or license and

fishing under the provisions of and in

the areas designated in § 649.24, unless

the American lobsters were harvested by

a vessel without a Federal American

lobster permit and that fishes for

American lobster exclusively in state

waters.

* * * * *

3. Section 649.24 is added to subpart

B to read as follows:

§ 649.24 Exempted waters for Maine State

American lobster permits.

A person or vessel holding a valid

permit or license issued by the State of

Maine that lawfully permits that person

to engage in commercial fishing for

American lobster may, with the

approval of the State of Maine, engage

in commercial fishing for American

lobsters in the following areas

designated as EEZ, if such fishing is

conducted in such waters in accordance

with all other applicable Federal and

State regulations:
9994 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations

(a) West of Monhegan Island in the

area located north of the line

43.5°42’08’’ N. lat., 69.5°34’18’’ W.

long., and 43.5°42’15’’ N. lat.,

69.5°19’18’’ W. long.

(b) East of Monhegan Island in the

area located west of the line 43.5°44’00’’

N. lat., 69.5°15’05’’ W. long., and

43.5°48’10’’ N. lat., 69.5°08’01’’ W. long.

(c) South of Vinalhaven in the area

located west of the line 43.5°52’21’’ N.

lat., 68.5°39’54’’ W. long., and

43.5°48’10’’ N. lat., 67.5°40’33’’ W. long.

(d) South of Boris Bubert Island in the

area located north of the line

44.5°19’15’’ N. lat, 67.5°49’30’’ W. long.

and 44.5°23’45’’ N. lat., 67.5°40’33’’ W.

long.

[FR Doc. 97–5440 Filed 2–28–97; 4:43 pm]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 961126334–7025–02; I.D.

022897A]

Fisheries of the Exclusive Economic

Zone Off Alaska, Pollock in the Eastern

Regulatory Area of the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for pollock by vessels catching

pollock for processing by the inshore

component in the Eastern Regulatory

Area in the Gulf of Alaska (GOA). This

action is necessary to prevent exceeding

the allocation of the total allowable

catch (TAC) for pollock by vessels

catching pollock for processing by the

inshore component in the Eastern

Regulatory Area.

EFFECTIVE DATE: 1200 hrs, Alaska local

time (A.l.t.), March 2, 1997, until 2400

hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–486–6919.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens 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.

The final specification of the

allocation of pollock to vessels catching

pollock for processing by the inshore

component in the Eastern Regulatory

Area of the GOA was established by the

Final 1997 Harvest Specifications of

Groundfish for the GOA (62 FR 8179,

February 24, 1997) as 5,580 metric tons

(mt), determined in accordance with

§ 679.20 (a)(6)(ii).

In accordance with § 679.20 (d)(1)(i),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the allocation of the

TAC of pollock to vessels catching

pollock for processing by the inshore

component in the Eastern Regulatory

Area will soon be reached. Therefore,

the Regional Administrator is

establishing a directed fishing

allowance of 5,480, and is setting aside

the remaining 100 mt as bycatch to

support other anticipated groundfish

fisheries. In accordance with § 679.20

(d)(1)(iii), the Regional Administrator

finds that this directed fishing

allowance will soon be reached.

Consequently, NMFS is prohibiting

directed fishing for pollock by vessels

catching pollock for processing by the

inshore component in the Eastern

Regulatory Area.

Maximum retainable bycatch amounts

for applicable gear types may be found

in the regulations at § 679.20(e) and (f).

Classification

This action is required by 50 CFR

679.20 and is exempt from review under

E.O. 12866.

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

Dated: February 28, 1997.

Bruce Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–5439 Filed 2–28–97; 4:43 pm]

BILLING CODE 3510–22–F