Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations 1403

(king mackerel, Spanish mackerel, cero,

cobia, little tunny, dolphin, and, in the

Gulf of Mexico only, bluefish) is

managed under the Fishery

Management Plan for the Coastal

Migratory Pelagic Resources of the Gulf

of Mexico and South Atlantic (FMP).

The FMP was prepared by the Gulf of

Mexico and South Atlantic Fishery

Management Councils (Councils) and is

implemented by regulations at 50 CFR

part 622 under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act.

Based on the Councils’ recommended

total allowable catch and the allocation

ratios in the FMP, NMFS implemented

a commercial quota for the Gulf of

Mexico migratory group of king

mackerel in the Florida west coast subzone of 865,000 lb (392,357 kg). That

quota was further divided into two

equal quotas of 432,500 lb (196,179 kg)

for vessels in each of two groups by gear

types—vessels fishing with run-around

gillnets and those using hook-and-line

gear (50 CFR 622.42 (c)(1)(i)(A)(2)).

In accordance with 50 CFR

622.43(a)(3), NMFS is required to close

any segment of the king mackerel

commercial fishery when its allocation

or quota is reached, or is projected to be

reached, by publishing a notification in

the Federal Register. NMFS has

determined that the commercial quota

of 432,500 lb (196,179 kg) for Gulf group

king mackerel for vessels using runaround gillnets in the Florida west coast

sub-zone was reached on January 7.

Hence, the commercial fishery for king

mackerel for such vessels in the Florida

west coast sub-zone is closed effective

12:01 noon, local time, January 7, 1997,

through June 30, 1997, the end of the

fishing year.

The Florida west coast sub-zone

extends from 87°31’06’’ W. long. (due

south of the Alabama/Florida boundary)

to: (1) 25°20.4’ N. lat. (due east of the

Dade/Monroe County, FL, boundary)

through March 31, 1997; and (2) 25°48’

N. lat. (due west the Monroe/Collier

County, FL, boundary) from April 1,

1997, through October 31, 1997.

Classification

This action is taken under 50 CFR

622.43(a)(3) and is exempt from review

under E.O. 12866.

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

Dated: January 6, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–610 Filed 1–7–97; 3:07 pm]

BILLING CODE 3510–22–F

50 CFR Parts 648 and 649

[Docket No. 9609262275–6372–02; I.D.

091196A]

RIN 0648–AI83

Fisheries of the Northeastern United

States; Amendments to the Northeast

Multispecies, Atlantic Sea Scallop, and

American Lobster Fishery

Management Plans

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement Amendment 8 to the

Northeast Multispecies, Amendment 6

to the Atlantic Sea Scallop, and

Amendment 6 to the American Lobster

Fishery Management Plans (FMPs) to

provide a framework abbreviated

rulemaking process to address gear

conflicts in the New England and MidAtlantic regions. These amendments:

Add an objective to the Atlantic Sea

Scallop and Northeast Multispecies

FMPs to allow management of gear

conflicts in these fisheries (the

American Lobster FMP currently has an

objective sufficiently broad in scope to

allow management of gear conflicts),

adapt the framework process currently

in place for the Northeast multispecies

and Atlantic sea scallop conservation

management programs to allow

implementation of a gear conflict

management program for all three

FMPs, and add a list of management

measures to each FMP from which the

Council could select future solutions to

gear conflicts through the framework

adjustment process. The intent of this

action is to provide mechanisms to

reduce the economic loss caused by gear

conflicts.

EFFECTIVE DATE: February 10, 1997.

ADDRESSES: Copies of the amendments,

their regulatory impact review and the

environmental assessment are available

from Christopher Kellogg, Acting

Executive Director, New England

Fishery Management Council, Suntaug

Office Park, 5 Broadway, Saugus, MA

01906–1097.

FOR FURTHER INFORMATION CONTACT: Paul

H. Jones, Fishery Policy Analyst, 508–

281–9273.

SUPPLEMENTARY INFORMATION:

Amendment 8 to the Northeast

Multispecies, Amendment 6 to the

Atlantic Sea Scallop, and Amendment 6

to the American Lobster FMPs were

prepared by the New England Fishery

Management Council (Council) in

consultation with the Mid-Atlantic

Fishery Management Council. A notice

of availability for the proposed

amendment was published on

September 20, 1996 (61 FR 49430), and

a proposed rule was published on

October 9, 1996 (61 FR 52903). Details

of this action are described in the

proposed rule and will not be repeated

here.

Approved Management Measures

These amendments add an objective

to the Atlantic Sea Scallop and

Northeast Multispecies FMPs to allow

management of gear conflicts in these

fisheries. This final rule amends the

fisheries’ framework process to allow

implementation of a gear conflict

management program for the FMPs and

adds the following list of management

measures to each FMP from which the

Council could select future solutions to

gear conflicts through the framework

adjustment process: (1) Designation of

restricted areas in one degree square

increments (2700 nm), (2) mandatory

monitoring of a radio channel by fishers,

(3) fixed gear location reporting and

plotting requirements, (4) standards of

operation when gear conflicts occur, (5)

fixed gear marking and setting practices,

(6) gear restrictions for specific areas

(including time and area closures), (7)

vessel monitoring systems, (8)

restrictions on the number of fishing

vessels or amount of gear, and (9)

special permit conditions.

Each framework adopted and

submitted by the Council under this

process would be an individual action

to be reviewed under the requirements

of the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) and other

applicable law. Approval of these

amendments implements a process and

provides a list of measures as potential

options that may be used to resolve gear

conflicts. This final rule does not

implement any of the measures listed

above. To implement one or more of the

measures listed, an individual

framework action would require

documentation and analyses sufficient

to determine consistency with all

applicable laws.

A framework action would only be

used to address gear conflicts occurring

in Federal waters. The Council

determined, and NMFS agrees, that the

gear conflict framework procedure is

principally designed to address true

gear conflicts and not as a proxy for

addressing what may be an allocation

issue between users.

For the purpose of these amendments,

the definition of gear conflict (at 50 CFR

600.10) is any incident at sea involving
1404 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations

one or more fishing vessels: (1) In which

one fishing vessel or its gear comes into

contact with another vessel or the gear

of another vessel, and (2) that results in

the loss of, or damage to, a fishing

vessel, fishing gear, or catch.

Comments and Responses

Written comments were received from

the U.S. Coast Guard (USCG), the U.S.

Department of State, and two

individuals. Specific comments are

discussed and responded to below.

Comment: The USCG, the U.S.

Department of State, and two

individuals support implementation of

the amendments to provide a framework

process to address gear conflicts in the

New England and Mid-Atlantic regions.

Response: The comments have been

noted and the amendments are

approved.

Comment: The USCG expressed

concern over the burdensome

requirement of fixed gear location

reporting and plotting. They state that

any economic benefits achieved by

implementing this measure would be

significantly reduced by the costs to

manage it. Response: NMFS

understands this problem and does not

intend to approve future framework

actions with this management measure

until these problems are sufficiently

worked out.

Classification

The Regional Administrator,

Northeast Region, NMFS, determined

that the amendments are necessary for

the conservation and management of the

Northeast multispecies, Atlantic sea

scallop, and American lobster fisheries

and that it is consistent with the

Magnuson-Stevens Act and other

applicable law.

This final rule has been determined to

be not significant for the purposes of

E.O. 12866.

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 that this

rule will not have a significant

economic impact on a substantial

number of small entities. Specific

findings supporting that conclusion

were summarized in the proposed rule

and are not repeated here. No public

comments on the certification were

received. As a result, no regulatory

flexibility analysis was prepared.

NMFS reinitiated consultation on the

Northeast Multispecies, Atlantic Sea

Scallop and American Lobster FMPs,

which was completed on December 13,

1996. These consultations considered

new information concerning the status

of the northern right whale. Based on

the reinitiation of the Section 7

consultation, NMFS determined that: (1)

The fishing activities carried out under

the Northeast Multispecies and

American Lobster FMPs are likely to

jeopardize the continued existence of

the northern right whale, but a

reasonable and prudent alternative has

been developed and is being

implemented with this rulemaking, to

avoid jeopardy, (2) the prosecution of

the multispecies, lobster, and scallop

fisheries will not adversely modify right

whale critical habitat, (3) the fishing

practices allowed under the American

Lobster FMP and the Northeast

Multispecies FMP may affect, but are

not likely to jeopardize, the continued

existence of the harbor porpoise and the

distinct population segment of Atlantic

salmon stocks found in certain Maine

rivers, which are both currently

proposed to be listed as threatened, and

(4) no new information has become

available that changes the basis for

previous determinations that the

Atlantic Scallop FMP and prosecution

of the scallop fishery is not likely to

adversely affect endangered, threatened,

or proposed species, or adversely

modify critical habitat. The new

information provided above does not

change the basis for the conclusions of

the 1994 Biological Opinion that the

fishing activities carried out under the

American Lobster and Northeast

Multispecies FMPs may affect, but are

not likely to jeopardize the continued

existence of the other endangered and

threatened whale and sea turtle species

under NMFS’ jurisdiction.

List of Subjects

50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

50 CFR Part 649

Fisheries.

Dated: January 6, 1997.

Charles Karnella,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR parts 648 and 649 are

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 § 648.55, the section heading is

revised, paragraphs (d) through (f) are

redesignated as paragraphs (f) through

(h), respectively, new paragraphs (d)

and (e) are added, and newly

redesignated paragraph (f)(3) is revised

to read as follows:

§ 648.55 Framework specifications.

* * * * *

(d) The Council may make

recommendations to the Regional

Director to implement measures in

accordance with the procedures

described in this subpart to address gear

conflict as defined under 50 CFR

600.10. In developing such

recommendation, the Council shall

define gear management areas, each not

to exceed 2700 mi2 (5000.4 km2), and

seek industry comments by referring the

matter to its standing industry advisory

committee for gear conflict, or to any ad

hoc industry advisory committee that

may be formed. The standing industry

advisory committee or ad hoc

committee on gear conflict shall hold

public meetings seeking comments from

affected fishers and develop findings

and recommendations on addressing the

gear conflict. After receiving the

industry advisory committee findings

and recommendations, or at any other

time, the Council shall determine

whether it is necessary to adjust or add

management measures to address gear

conflicts and which FMPs must be

modified to address such conflicts. If

the Council determines that adjustments

or additional measures are necessary, it

shall develop and analyze appropriate

management actions for the relevant

FMPs over the span of at least two

Council meetings. The Council shall

provide the public with advance notice

of the availability of the

recommendation, the appropriate

justification and economic and

biological analyses, and opportunity to

comment on them prior to and at the

second or final Council meeting before

submission to the Regional Director.

The Council’s recommendation on

adjustments or additions to management

measures for gear conflicts must come

from one or more of the following

categories:

(1) Monitoring of a radio channel by

fishing vessels.

(2) Fixed gear location reporting and

plotting requirements.

(3) Standards of operation when gear

conflict occurs.

(4) Fixed gear marking and setting

practices.

(5) Gear restrictions for specific areas

(including time and area closures).

(6) Vessel monitoring systems.

(7) Restrictions on the maximum

number of fishing vessels or amount of

gear.

(8) Special permitting conditions.
Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Rules and Regulations 1405

(e) The measures shall be evaluated

and approved by the relevant

committees with oversight authority for

the affected FMPs. If there is

disagreement between committees, the

Council may return the proposed

framework adjustment to the standing or

ad hoc gear conflict committee for

further review and discussion.

(f) * * *

(3) Whether there is an immediate

need to protect the resource or to

impose management measures to

resolve gear conflicts.

* * * * *

3. In § 648.90, paragraph (b)

introductory text and paragraph (b)(1)

are revised, paragraphs (b)(2) and (b)(3)

are redesignated as paragraphs (b)(3)

and (b)(4), respectively, a new

paragraph (b)(2) is added and newly

redesignated paragraph (b)(3)(iii) is

revised to read as follows:

§ 648.90 Framework specifications.

* * * * *

(b) Within season management action.

The Council may, at any time, initiate

action to add or adjust management

measures if it finds that action is

necessary to meet or be consistent with

the goals and objectives of the Northeast

Multispecies FMP or to address gear

conflicts as defined under § 600.10 of

this chapter.

(1) Adjustment process. After a

management action has been initiated,

the Council shall develop and analyze

appropriate management actions over

the span of at least two Council

meetings. The Council shall provide the

public with advance notice of the

availability of both the proposals and

the analysis and opportunity to

comment on them prior to and at the

second Council meeting. The Council’s

recommendation on adjustments or

additions to management measures,

other than to address gear conflicts,

must come from one or more of the

following categories: DAS changes,

effort monitoring, data reporting,

possession limits, gear restrictions,

closed areas, permitting restrictions,

crew limits, minimum fish sizes,

onboard observers, minimum hook size

and hook style, the use of crucifiers in

the hook-gear fishery, fleet sector shares,

recreational fishing measures, area

closures and other appropriate measures

to mitigate marine mammal

entanglements and interactions, and any

other management measures currently

included in the FMP.

(2) Adjustment process for gear

conflicts. The Council may develop a

recommendation on measures to

address gear conflict as defined under

50 CFR 600.10, in accordance with the

procedure specified in § 648.55(d) and

(e).

(3) * * *

(iii) Whether there is an immediate

need to protect the resource or to

impose management measures to

resolve gear conflicts.

* * * * *

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 § 649.44, the section heading is

revised, paragraphs (e) through (g) are

redesignated as paragraphs (f) through

(h), respectively, new paragraph (e) is

added, and newly redesignated

paragraph (f)(3) is revised to read as

follows:

§ 649.44 Framework specifications.

* * * * *

(e) The Council may develop a

recommendation on measures to

address gear conflicts as defined under

50 CFR 600.10 in accordance with the

procedure specified in § 648.55(d) and

(e).

(f) * * *

(3) Whether there is an immediate

need to protect the resource or to

impose management measures to

resolve gear conflicts; and

* * * * *

[FR Doc. 97–590 Filed 1–9–97; 8:45 am]

BILLING CODE 3510–22–F