[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Rules and Regulations]
[Pages 1403-1405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-590]


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DEPARTMENT OF COMMERCE
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.

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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 Mid-Atlantic 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

[[Page 1404]]

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 Sec. 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:


Sec. 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 mi<SUP>2 (5000.4 km<SUP>2), 
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.

[[Page 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 Sec. 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:


Sec. 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 Sec. 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 
Sec. 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 Sec. 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:


Sec. 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 Sec. 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]
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