14644 Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations

MAINE—OZONE—Continued

Designated area

Designation Classification

Date 1 Type Date 1 Type

Oxford County (part) ................ May 27, 1997 ....... Unclassifiable/Attainment

* * * * * * *

Somerset County Area

Somerset County (part) ........... May 27, 1997 ....... Unclassifiable/Attainment

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

* * * * *

2. In § 81.330 the ozone table is

amended by revising entries for

‘‘Belknap County’’ and ‘‘Sullivan

County’’ to read as follows:

§ 81.330 New Hampshire.

* * * * *

NEW HAMPSHIRE—OZONE

Designated areas

Designation Classification

Date 1 Type Date 1 Type

* * * * * * *

Belknap County ............................... May 27, 1997 ....... Unclassifiable/Attainment

* * * * * * *

Sullivan County ............................... May 27, 1997 ....... Unclassifiable/Attainment

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 97–7628 Filed 3–26–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 648

[Docket No. 960612172–7054–02; I.D.

011697A]

RIN 0648–A121

Fisheries of the Northeastern United

States; 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

correct and clarify 50 CFR part 648,

which contains regulations

implementing the fishery management

plans (FMPs) for: Summer flounder,

scup, and black sea bass; Atlantic sea

scallops; Northeast multispecies;

Atlantic surf clams and ocean quahogs;

Atlantic mackerel, squid, and butterfish;

and Atlantic salmon. During the

consolidation of these FMPs into one

part (50 CFR part 648), unintended

omissions and changes were made. This

document corrects those errors.

EFFECTIVE DATE: March 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary M. Tokarcik, Fisheries

Management Specialist, 508–281–9326.

SUPPLEMENTARY INFORMATION: On July 3,

1996 (61 FR 34966), NMFS published a

final rule that incorporated six separate

CFR parts (50 CFR parts 625, 650, 651,

652, 655, and 657) into 50 CFR part 648.

Subsequently, regulations implementing

the scup and black sea bass FMPs were

added to this part. In addition, 50 CFR

parts 600, 601, 602, 603, 605, 611, 619,

620, and 621 were consolidated into 50

CFR part 600. These consolidations

were called for under President

Clinton’s Regulatory Reinvention

Initiative for comprehensive regulatory

reform. Because 50 CFR part 648 was

prepared concurrent with the

implementation of Amendment 7 to the

Northeast Multispecies Fisheries

Management Plan, many changes from

the proposed rule to the final rule

implementing Amendment 7 were not

included in the consolidated document.

Also, errors occurred during the

consolidation of 50 CFR parts 600 and

648 in references and dates and through

unintended omissions and inclusions.

This rule makes these corrections and

clarifies sections of the regulations as

follows:

In 50 CFR 600.10, the definition for

‘‘area of custody’’ is added.

In § 648.2, the definition for

‘‘Multispecies Monitoring Committee’’

is revised to clarify that no more than

two state representatives can be

appointed from all of the affected states.

In § 648.2, the scientific name for

redfish is changed to Sebastes fasciatus.

In § 648.2, the definition for ‘‘Prior to

leaving port’’ is revised to clarify when

a vessel must begin a days-at-sea (DAS)

trip under the call-in requirement. Also,

the phrase ‘‘with respect to the call-in

notification for NE multispecies’’ is

revised to clarify that the definition is

also applicable to scallop DAS vessels.

In § 648.2, the definition for ‘‘Target

Total Allowable Catch’’ is put in

alphabetical order.

In § 648.4(a)(1)(i)(E)(2), the

assumptions for establishing net

tonnage (NT) and gross registered

tonnage (GRT) for vessels that are not

required to be documented are in error

and are removed.

In § 648.4(a)(6)(i)(B)(1), the deadline

for application for the scup moratorium
Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations 14645

permit is incorrect and is changed to

‘‘September 23, 1997.’’

In § 648.4(c)(2)(ii) (A) and (B), the

reference to ‘‘May 1, 1996,’’ is incorrect

and is changed to ‘‘July 1, 1996.’’

In § 648.7(f)(2), the last sentence is

removed to reflect that annual reports of

fishing vessel log reports are not

required.

In § 648.9(e), the reference to

paragraph ‘‘(a)(1)’’ is corrected to read

‘‘(a).’’

In § 648.10, the headings for the table

containing the coordinates for the VTS

Demarcation Line are corrected.

In § 648.10, all references to the callin requirements for charter/party vessels

are removed, paragraph (e) is removed,

and paragraph (f) is redesignated as

paragraph (e). The charter/party vessel

call-in requirements proposed in

Amendment 7 to the Northeast

Multispecies FMP were disapproved.

The requirement for maintenance of

confirmation numbers used in the DAS

call-in notification program was revised

in the Northeast Multispecies FMP

Amendment 7 final rule. This change

was omitted during the consolidation

and is now made to § 648.10(c)(2).

In § 648.10(b), the first reference to

‘‘§ 649.9(a)’’ is corrected to read

‘‘§ 648.10(d).’’

In § 648.10(c)(3), the reference to the

DAS accounting method for vessels

fishing with gillnet gear that was

disapproved in Amendment 7 to the

Northeast Multispecies FMP is removed.

In § 648.10(c)(5), the references to

‘‘§ 648.83’’ and ‘‘paragraph (b)’’ are

corrected to read ‘‘§ 648.89,’’ and

‘‘paragraph (c),’’ respectively.

In § 648.10, in the newly redesignated

paragraph (e), the reference to paragraph

‘‘(b)’’ is corrected to read ‘‘(b)(1).’’

In § 648.10(f), which was

inadvertently excluded during the

consolidation, is added to describe the

call-in requirement for multispecies

vessels, subject to the 20-day spawning

season restrictions of § 648.82(g).

In § 648.14, all references to the

metric conversion for 50 bu were

incorrectly identified as ‘‘176.2 L,’’ and

are corrected to read ‘‘17.62 hl.’’

In § 648.14(a)(19), the reference to

‘‘§ 648.75(t)(1)(iii)’’ is corrected to read

‘‘§ 648.75(h).’’

In § 648.14(a)(37), the reference to

‘‘§ 648.8(c)(3)’’ is corrected to read

‘‘§ 648.80(c)(3).’’

In § 648.14(a)(40), the reference to

‘‘§ 648.81(d)(2)’’ is corrected to read

‘‘§ 648.81(d).’’

In § 648.14 (a)(43), (a)(48), (a)(50), and

(c)(6) are made more explicit by naming

the provisions indicated in the cross

references.

Letters of authorization given to

vessels that appeal the denial of a

limited access scallop permit are no

longer applicable, because the appeal

process is completed. Therefore, the

reference to such letters is removed

from § 648.14(a)(57)(i).

In § 648.14(a)(86), the deadline for

selling or transferring scup is corrected

to read ‘‘January 1, 1997.’’

In § 648.14, paragraphs (a) (96) and

(97) were omitted during the

consolidation, and are added.

In § 648.14(c)(7), the reference to

‘‘§ 648.8’’ is corrected to read

‘‘§ 648.86(a) and § 648.82(b)(3).’’

The winter flounder possession limit

proposed in Amendment 7 to the NE

Multispecies FMP was disapproved.

Section 648.14(c)(10), which refers to

this disapproved limit, is removed.

In § 648.14(d)(3), the reference to

‘‘§ 648.86(a)(2)’’ is corrected to read

‘‘§ 648.88(a)(2).’’

In § 648.14(d)(4), the prohibition

concerning the violation of the open

access handgear vessel provisions,

which was inadvertently omitted during

the consolidation, is added.

In § 648.14(h)(9), the reference to

‘‘§ 648.51(a)(2)(iii)’’ is corrected to read

‘‘§ 648.51(a)(2)(ii).’’

In § 648.14, paragraph (r) is a

duplicate of paragraph (n). Paragraph (r)

is removed and reserved.

In § 648.14(x)(1)(iii), the reference to

‘‘§ 648.70(d)(2)’’ is corrected to read

‘‘§ 648.70(b).’’

The paragraph on radio hails, which

was present in the final rule of

Amendment 7, was omitted from

§ 648.15, and is added.

In § 648.23(b)(3)(ii), the requirement

to remove leg wires from a net during

stowage is removed to reflect that the

Regional Administrator has already

eliminated the requirement pursuant to

§ 648.23(b)(4).

Throughout subpart D, the metric

conversion for ‘‘50 bu’’ is corrected to

read ‘‘17.62 hl.’’

In § 648.54(a), reference to

‘‘§ 648.54(c)’’ is corrected to read

‘‘§ 648.53(b);’’ in paragraph (b)(1), the

reference to ‘‘§ 648.53(c)’’ is corrected to

read ‘‘§ 648.53(c);’’ and in paragraph (c),

the reference to paragraph ‘‘(b)’’ is

corrected to read ‘‘(b)(1)’’ and the

reference to ‘‘§ 648.10(f)’’ is corrected to

read ‘‘§ 648.10(e).’’

In § 648.73(a), errors exist in the

notation of coordinate points and are

corrected.

In the introductory paragraph for

§ 648.80, the vessels required to comply

with multispecies requirements in the

Gulf of Maine/Georges Bank area are

clarified.

In § 648.80, the title for paragraph

(a)(2)(iii) is changed to ‘‘Other

Exemptions’’ and the paragraph is

revised to clarify that vessels fishing

with an open access charter/party or

hand gear permit are included in this

exemption.

The dates for the northern shrimp

season are set annually by the Atlantic

States Marine Fisheries Commission

and are removed from § 648.80(a)(3)(iii).

In § 648.80(a)(5), the authorization to

use 6-inch (15.24-cm) diamond mesh in

the Stellwagen Bank/Jeffreys Ledge

Juvenile Protection Area is incorrect

and, therefore, is eliminated.

In § 648.80, paragraph (a)(7)(iv) is

clarified to reflect that this section

covers bycatch in exempted fisheries.

In § 648.80(a)(7)(iv)(D), the reference

to ‘‘(a)(10)’’ is corrected to read

‘‘§ 648.80(b).’’

In § 648.80, the heading for paragraph

(b)(2)(iii) is changed to ‘‘Other

Exemptions’’ and the paragraph is

revised to clarify that vessels fishing

with an open access charter/party or

hand gear permit are included in this

exemption.

In § 648.80, paragraph (b)(3)(i) is

revised to clarify that dogfish are

exempted in the area only when caught

with trawl gear.

In § 648.80(c)(1), the definition of the

Mid-Atlantic Regulated Mesh Area is

revised to reflect a change that was

made in the final rule for Amendment

7 to the NE multispecies FMP.

In § 648.80(c)(2)(i), the reference to

paragraph (c)(3) is incorrect and is

removed.

In § 648.82(b)(1)(ii), vessels issued

multispecies limited access gillnet

permits are incorrectly included. In

paragraph (b)(2)(ii), these vessels are

inadvertently excluded. These

paragraphs are revised accordingly.

In § 648.82(b)(4)(i), the proration

factor for the 1996 DAS allocation is

incorrectly identified as ‘‘0.83’’ and is

revised to read ‘‘0.833.’’

In § 648.82(b)(4)(ii), the reference to

‘‘§ 648.4(a)(1)(ii)’’ is corrected to read

‘‘§ 648.4(a)(1)(i).’’

In § 648.82, paragraph (b)(6)(i) omits

the requirement that a vessel in this

category must fish in this category for

the entire year. This paragraph is

revised accordingly.

The cutoff date for the receipt of

appeal of a vessel DAS allocation given

in § 648.82(d)(2)(i) is corrected to read

‘‘August 31, 1996.’’

In § 648.82(g), all references to

‘‘fishing year’’ are changed to ‘‘calendar

year’’. Additionally, the paragraph is

rewritten to be consistent with the final

rule implementing NE Multispecies

Amendment 7, to explain the operation

of the spawning season requirement

during the transition to these new

requirements.
14646 Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations

In § 648.86, paragraph (a)(2)(iii) is

rewritten to clarify that combination

vessels fishing under a multispecies

DAS are not restricted under the

haddock possession restriction for

scallop dredge vessels.

In § 648.86, paragraph (b) refers to the

disapproved winter flounder possession

restrictions for the MA regulated mesh

area, and is removed. Paragraph (c) of

this section is redesignated paragraph

(b).

In § 648.90(a)(3), the reference to

‘‘(a)(5)’’ is corrected to read ‘‘(a)(6).’’

In § 648.100(b)(8), the references to

‘‘(a)(8) and (10)’’ are corrected to read

‘‘(a).’’

The introduction to § 648.106 omits

the word ‘‘fishery’’ when describing the

summer flounder fishery, and this word

is added.

Throughout the document, the words

‘‘Regional Director’’ are changed to

‘‘Regional Administrator.’’ This title was

changed with the restructuring of NMFS

on August 19, 1996.

Classification

Because this rule only corrects

omissions and other errors, removes

provisions that are no longer applicable,

and clarifies an existing set of

regulations for which full prior notice

and opportunity for comment was

provided under 5 U.S.C. 553(b)(B), it is

unnecessary to provide such procedures

for this rule. Because this rule only

corrects, clarifies and removes no longer

applicable provisions, and imposes no

new requirements on anyone subject to

these regulations, under 5 U.S.C.

553(d)(3) it is not subject to a 30-day

delay in effective date.

This rule is exempt from review

under E.O. 12866.

List of Subjects

50 CFR Part 600

Fisheries, Fishing.

50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: March 20, 1997.

C. Karnella,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR parts 600 and 648 are

amended as follows:

PART 600—MAGNUSON ACT

PROVISIONS

1. The authority citation for part 600

continues to read as follows:

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

2. In § 600.10, the definition for ‘‘Area

of custody’’ is added in alphabetical

order to read as follows:

§ 600.10 Definitions.

* * * * *

Area of custody means any vessel,

building, vehicle, live car, pound, pier

or dock facility where fish might be

found.

* * * * *

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

3. The authority citation for part 648

continues to read as follows:

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

4. In § 648.2, the definitions for

‘‘Multispecies Monitoring Committee’’,

‘‘Northeast (NE) multispecies or

multispecies’’, and ‘‘Prior to leaving

port’’ are revised to read as follows:

§ 648.2 Definitions.

* * * * *

Multispecies Monitoring Committee

means a team of scientific and technical

staff appointed by the NEFMC to

review, analyze, and recommend

adjustments to the measurement

measures. The team consists of staff

from the NEFMC and the MAFMC,

NMFS Northeast Region Office, NEFSC,

the USCG, an industry representative,

and no more than two representatives,

appointed by the Commission, from

affected states.

* * * * *

Northeast (NE) multispecies or

multispecies means the following

species:

American plaice—Hippoglossoides

platessoides.

Atlantic cod—Gadus morhua.

Haddock—Melanogrammus aeglefinus.

Ocean Pout—Macrozoarces americanus.

Pollock—Pollachius virens.

Redfish—Sebastes fasciatus.

Red hake—Urophycis chuss.

Silver hake (whiting)—Merluccius bilinearis.

White hake—Urophycis tenuis.

Windowpane flounder—Scophthalmus

aquosus.

Winter flounder—Pleuronectes americanus.

Witch flounder—Glyptocephalus

cynoglossus.

Yellowtail flounder—Pleuronectes

ferrugineus.

* * * * *

Prior to leaving port means prior to

departing from the last dock or mooring

in port to engage in fishing, including

the transport of fish to another port.

* * * * *

5. In § 648.4, paragraphs (a)(1)(i)(E)(2),

(a)(6)(i)(B)(1), (c)(2)(ii)(A), and

(c)(2)(ii)(B) are revised to read as

follows:

§ 648.4 Vessel permits.

(a) * * *

(1) * * *

(i) * * *

(E) * * *

(2) The replacement vessel’s length,

GRT, and NT may not exceed by more

than 10 percent the length, GRT, and NT

of the vessel that was initially issued a

limited access permit as of the date the

initial vessel applied for such permit.

* * * * *

(6) * * *

(i) * * *

(B) * * * (1) No one may apply for an

initial scup moratorium permit after

September 23, 1997.

* * * * *

(c) * * *

(2) * * *

(ii) * * *

(A) If the engine horsepower was

changed or a contract to change the

engine horsepower had been entered

into prior to July 1, 1996, such that it

is different from that stated in the

vessel’s most recent application for a

Federal fisheries permit before July 1,

1996, sufficient documentation to

ascertain the different engine

horsepower. However, the engine

replacement must be completed within

1 year of the date on which the contract

was signed.

(B) If the length, GRT, or NT was

changed or a contract to change the

length, GRT, or NT had been entered

into prior to July 1, 1996, such that it

is different from that stated in the

vessel’s most recent application for a

Federal fisheries permit, sufficient

documentation to ascertain the different

length, GRT, or NT. However, the

upgrade must be completed within 1

year from the date on which the contract

was signed.

* * * * *

6. In § 648.7, paragraph (f)(2) is

revised to read as follows:

§ 648.7 Recordkeeping and reporting

requirements.

* * * * *

(f) * * *

(2) Fishing vessel log reports. Fishing

log reports must be received or

postmarked, if mailed, within 15 days

after the end of the reporting month.

Each owner will be sent forms and

instructions, including the address to

which reports are to be submitted,

shortly after receipt of a Federal

fisheries permit. If no fishing trip is

made during a month, a report stating so

must be submitted.

* * * * *

7. In § 648.9, paragraph (e) is revised

to read as follows:
Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations 14647

§ 648.9 VTS requirements.

* * * * *

(e) Replacement. Should a VTS unit

require replacement, a vessel owner

must submit documentation to the

Regional Administrator, within 3 days

of installation and prior to the vessel’s

next trip, verifying that the new VTS

unit is an operational, approved system

as described under paragraph (a) of this

section.

* * * * *

8. In § 648.10, in the table in

paragraph (a), the column headings, and

paragraphs (b) introductory text, (b)(1),

(c)(1), (c)(2), (c)(3), and (c)(5) are

revised, paragraph (e) is removed,

paragraph (f) is redesignated as

paragraph (e), the introductory text to

newly redesignated paragraph (e) is

revised, and new paragraph (f) is added

to read as follows:

§ 648.10 DAS notification requirements.

(a) * * *

VTS DEMARCATION LINE

Description N. Lat. W. Long.

* * * * *

(b) VTS Notification. Multispecies

vessels issued an Individual DAS or

Combination Vessel permit, scallop

vessels issued a full-time or part-time

limited access scallop permit, or scallop

vessels fishing under the small dredge

program specified in § 648.51(e), or

vessels issued a limited access

multispecies or scallop permit and

whose owners elect to fish under the

VTS notification of this paragraph (b),

unless otherwise authorized or required

by the Regional Administrator under

§ 648.10(d), must have installed on

board an operational VTS unit that

meets the minimum performance

criteria specified in § 648.9(b) or as

modified in § 648.9(a). Owners of such

vessels must provide documentation to

the Regional Administrator at the time

of application for a limited access

permit that the vessel has an operational

VTS unit that meets those criteria. If a

vessel has already been issued a limited

access permit without providing such

documentation, the Regional

Administrator shall allow at least 30

days for the vessel to install an

operational VTS unit that meets the

criteria and to provide documentation of

such installation to the Regional

Administrator. Vessels that are required

to or have elected to use a VTS unit

shall be subject to the following

requirements and presumptions:

(1) Vessels that have crossed the VTS

Demarcation Line specified under

paragraph (a) of this section are deemed

to be fishing under the DAS program,

unless the vessel’s owner, or authorized

representative declares the vessel out of

the scallop or NE multispecies fishery,

as applicable, for a specific time period

by notifying the Regional Administrator

through the VTS prior to the vessel

leaving port.

* * * * *

(c) * * *

(1) Prior to the vessel leaving port, the

vessel owner or authorized

representative must notify the Regional

Administrator that the vessel will be

participating in the DAS program by

calling the Regional Administrator and

providing the following information:

Owner and caller name and phone

number, vessel’s name and permit

number, type of trip to be taken, port of

departure, and that the vessel is

beginning a trip. A DAS begins once the

call has been received and a

confirmation number is given by the

Regional Administrator.

(2) The vessel’s confirmation numbers

for the current and immediately prior

multispecies fishing trip must be

maintained on board the vessel and

provided to an authorized officer upon

request.

(3) Upon a vessel’s return to port, the

vessel owner or owner’s representative

must call the Regional Administrator

and notify him/her that the trip has

ended by providing the following

information: Owner and caller name

and phone number, vessel’s name, port

of landing and permit number, and that

the vessel has ended a trip. A DAS ends

when the call has been received and

confirmation has been given by the

Regional Administrator.

* * * * *

(5) Any vessel that possesses or lands

per trip more than 400 lb (181.44 kg) of

scallops, and any vessel issued a limited

access multispecies permit subject to

the DAS program and call-in

requirement that possesses or lands

regulated species, except as provided in

§ 648.89, shall be deemed in the DAS

program for purposes of counting DAS,

regardless of whether the vessel’s owner

or authorized representative provided

adequate notification as required by

paragraph (c) of this section.

* * * * *

(e) Scallop vessels fishing under

exemptions. Vessels fishing under the

exemptions provided by § 648.54 (a)

and/or (b)(1) must notify the Regional

Administrator by VTS notification or by

call-in notification as follows:

* * * * *

(f) Call-in for 20-day blocks. With the

exception of vessels issued a valid

Small Vessel category permit, vessels

subject to the spawning season

restriction described in § 648.82 must

notify the Regional Administrator of the

commencement date of their 20-day

period out of the multispecies fishery

through either the VTS system or by

call-in notification and provide the

following information: Vessel name and

permit number, owner and caller name

and phone number, and the

commencement date of the 20-day

period.

9. In § 648.14, paragraphs (a)(19),

(a)(37), (a)(40), (a)(43), (a)(48), (a)(50),

(a)(57) introductory text, (a)(57)(i),

(a)(86), (a)(96), (c)(6), (c)(7), (d)(3),

(h)(1), (h)(9), (i)(1), and (x)(1)(iii) are

revised, paragraphs (a)(100) and (d)(4)

are added, paragraph (c)(10) is removed

and paragraph (r) is removed and

reserved as follows:

§ 648.14 Prohibitions.

(a) * * *

(19) Land or possess, after offloading,

any cage holding surf clams or ocean

quahogs without a cage tag or tags

required by § 648.75, unless the person

can demonstrate the inapplicability of

the presumptions set forth in

§ 648.75(h).

* * * * *

(37) Fish with, use, or have available

for immediate use within the area

described in § 648.80(c)(1), nets of mesh

size smaller that the minimum mesh

size specified in § 648.80(c)(2), except as

provided in § 648.80(c)(3), (d), (e), and

(i), or unless the vessel has not been

issued a multispecies permit and fishes

for NE multispecies exclusively in state

waters.

* * * * *

(40) Enter, or be in the area described

in § 648.81(c)(1), on a fishing vessel,

except as provided in § 648.81 (c)(2) and

(d).

* * * * *

(43) Violate any of the provisions of

§ 648.80 (a)(3) Small Mesh Northern

Shrimp Fishery Exemption Area, (a)(4)

Cultivator Shoals Whiting Fishery

Exemption Area; (a)(5) Stellwagen

Bank/Jeffreys Ledge (SB/JL) juvenile

protection area; (a)(8), Small Mesh Area

1/Small Mesh Area 2; or (a)(9)

Nantucket Shoals Dogfish Fishery

Exemption Area, (b)(3) Exemptions, or

(b)(5) SNE Monkfish Fishery Exemption

Area. A violation of any of these

paragraphs is a separate violation.

* * * * *

(48) Violate any provision of the open

access permit restrictions as provided in

§ 648.88.

* * * * *
14648 Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations

(50) Violate any provision of the state

waters winter flounder exemption

program as provided in § 648.80(i).

* * * * *

(57) Fish for, possess or land per trip,

scallops in excess of 400 lb (181.44 kg)

or 50 bu (17.62 hl) of in-shell scallops,

unless:

(i) The scallops were harvested by a

vessel that has been issued and carries

on board a limited access scallop

permit, or

* * * * *

(86) Sell or transfer scup harvested in

or from the EEZ north of 35°15.3′ N. lat.

after January 1, 1997, unless the vessel

has been issued a valid moratorium

permit pursuant to § 648.4(a)(6).

* * * * *

(96) Enter or fish in the Gulf of Maine/

Georges Bank and Southern New

England Regulated Mesh Areas, except

as provided in §§ 648.80 (a)(2)(iii) and

(b)(2)(iii), and for purposes of transiting,

provided that all gear (other than

exempted gear) is stowed in accordance

with § 648.23(b).

* * * * *

(100) Enter, fail to remove gear from,

or be in the areas described in

§ 648.81(f)(1) through § 648.81(h)(1)

during the time period specified, except

as provided in § 648.81 (d), (f)(2), (g)(2),

and (h)(2).

* * * * *

(c) * * *

(6) Fail to comply with any provision

of the DAS notification program as

specified in § 648.10.

(7) Possess or land per trip more than

the possession limit specified under

§ 648.86(a) and § 648.82(b)(3), if the

vessel has not been issued a limited

access multispecies permit.

* * * * *

(d) * * *

(3) Possess or land NE multispecies

during the time period specified in

§ 648.88(a)(2).

(4) Violate any provision of the open

access handgear permit restrictions as

provided in § 648.88(a).

* * * * *

(h) * * *

(1) Possess, or land per trip, more

than 400 lb (181.44 kg) of shucked, or

50 bu (17.62 hl) of in-shell scallops after

using up the vessel’s annual DAS

allocation or when not participating

under the DAS program pursuant to

§ 648.10, unless exempted from DAS

allocations as provided in § 648.54.

* * * * *

(9) Possess more than 40 lb (18.14 kg)

of shucked, or 5 bu (176.2 l) of in shell

scallops or participate in the DAS

allocation program, while in the

possession of trawl nets that have a

maximum sweep exceeding 144 ft (43.9

m), as measured by the total length of

the footrope that is directly attached to

the webbing of the net, except as

specified in § 648.51(a)(2)(ii).

* * * * *

(i) * * *

(1) Possess, or land per trip, more

than 400 lb (181.44 kg) of shucked or 50

bu (17.62 hl) of in-shell scallops.

* * * * *

(r) [Reserved]

* * * * *

(x) * * *

(1) * * *

(iii) Surf clams or ocean quahogs

found in cages without a valid state tag

are deemed to have been harvested in

the EEZ and to be part of an individual’s

allocation, unless such individual

demonstrates that he/she has

surrendered his/her surf clam and ocean

quahog vessel permit issued under

§ 648.4 and has conducted fishing

operations exclusively within waters

under the jurisdiction of any state. Surf

clams and ocean quahogs in cages with

a Federal tag or tags, issued and still

valid pursuant to this section, affixed

thereto are deemed to have been

harvested by the individual allocation

holder to whom the tags were issued or

transferred under § 648.(70) or

§ 648.75(b).

* * * * *

10. In § 648.15, paragraph (c) is added

to read as follows:

§ 648.15 Facilitation of enforcement.

* * * * *

(c) Radio hails. Permit holders, while

underway, must be alert for

communication conveying enforcement

instructions and immediately answer

via VHF–FM radio, channel 16, when

hailed by an authorized officer. Vessels

not required to have VHF–FM radios by

the Coast Guard are exempt from this

requirement.

* * * * *

11. In § 648.23, paragraphs (b)(3)(ii)

and (b)(4) are revised to read as follows:

§ 648.23 Gear Restrictions.

* * * * *

(b) * * *

(3) * * *

(ii) The towing wires are detached

from the net; and

* * * * *

(4) Other methods of stowage. Any

other method of stowage authorized in

writing by the Regional Administrator

and subsequently published in the

Federal Register.

* * * * *

12. In § 648.51, paragraph (e)

introductory text is revised to read as

follows:

§ 648.51 Gear and crew restrictions.

* * * * *

(e) Small dredge program restrictions.

Any vessel owner whose vessel is

assigned to either the part-time or

occasional category may request, in the

application for the vessel’s annual

permit, to be placed in one category

higher. Vessel owners making such

request will be placed in the appropriate

category for the entire year, if they agree

to comply with the following

restrictions, in addition to and

notwithstanding other restrictions of

this part, when fishing under the DAS

program described in § 648.53, or in

possession of more than 400 lb (181.44

kg) of shucked, or 50 bu (17.62 hl) of inshell scallops:

* * * * *

13. In § 648.52, the heading and

paragraph (a) is revised to read as

follows:

§ 648.52 Possession limits.

(a) Owners or operators of vessels

with a limited access scallop permit that

have declared out of the DAS program

as specified in § 658.10, or have used up

their DAS allocations, and vessels

possessing a General scallop permit,

unless exempted under the state waters

exemption program described under

§ 648.54, are prohibited from possession

or landing per trip more than 400 lb

(181.44 kg) of shucked, or 50 bu (17.62

hl) of in-shell scallops, with not more

than one scallop trip allowable in any

calendar day.

* * * * *

14. In § 648.53, paragraphs (a) and (b)

introductory text are revised to read as

follows:

§ 648.53 DAS allocations.

(a) Assignment to DAS categories. For

each fishing year, each vessel issued a

limited access scallop permit shall be

assigned to the DAS category (full-time,

part-time, or occasional) it was assigned

to in the proceeding year. Limited

access scallop permits will indicate

which category the vessel is assigned to.

Vessels are prohibited from fishing for,

landing per trip, or possessing more

than 400 lb (181.44 kg) of shucked, or

50 bu (17.62 hl) of in-shell scallops once

their allocated number of DAS, as

specified under paragraph (b) of this

section, are used up.

(b) DAS allocations. Each vessel

qualifying for one of the three categories

specified in paragraph (a) of this section

shall be allocated, annually, the

maximum number of DAS it may
Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations 14649

participate in the limited access scallop

fishery, according to its category. A

vessel whose owner/operator has

declared it out of the scallop fishery,

pursuant to the provisions of § 648.10,

or has used up its allocated DAS may

leave port without being assessed a

DAS, as long as it does not possess or

land more than 400 lb (181.44 kg) of

shucked or 50 bu (17.62 hl) of in-shell

scallops and complies with the other

requirements of this part. The annual

allocations of DAS for each category of

vessel for the fishing years indicated are

as follows:

* * * * *

15. In § 648.54, paragraphs (a), (b)(1),

and (c) are revised to read as follows:

§ 648.54 State waters exemption.

(a) DAS exemption. Any vessel issued

a limited access scallop permit is

exempt from the DAS requirements

specified in § 648.53(b) while fishing

exclusively landward of the outer

boundary of a state’s waters, provided

the vessel complies with paragraphs (c)

through (f) of this section.

(b) Gear restriction exemption—(1)

Limited access permits. Any vessel

issued a limited access scallop permit

that is exempt from the DAS

requirements of § 648.53(b) under

paragraph (a) of this section is also

exempt from the gear restrictions

specified in § 648.51 (a), (b), (e)(1) and

(e)(2) while fishing exclusively

landward of the outer boundary of the

waters of a state that has been deemed

by the Regional Administrator under

paragraph (b)(3) of this section to have

a scallop fishery and a scallop

conservation program that does not

jeopardize the fishing mortality/effort

reduction objectives of the Scallop FMP,

provided the vessel complies with

paragraphs (c) through (f) of this section.

* * * * *

(c) Notification requirements. Vessels

fishing under the exemptions provided

by paragraph(s) (a) and/or (b)(1) of this

section must notify the Regional

Administrator in accordance with the

provisions of § 648.10(e).

* * * * *

16. In § 648.73, paragraphs (a)(1)

through (a)(3) are revised to read as

follows:

§ 648.73 Closed Areas.

(a) * * *

(1) Boston Foul Ground. The waste

disposal site known as the ‘‘Boston Foul

Ground’’ and located at 42°2′36′′ N. lat.,

70°35′00′′ W. long., with a radius of 1

nm in every direction from that point.

(2) New York Bight. The polluted area

and waste disposal site known as the

‘‘New York Bight Closure’’ and located

at 40°25′04′′ N. lat., 73°42′38′′ W. long.,

and with a radius of 6 nm in every

direction from that point, extending

further northwestward, westward and

southwestward between a line from a

point on the arc at 40°3′00′′ N. lat.,

73°43′38′′ W. long., directly northward

toward Atlantic Beach Light in New

York to the limit of the state territorial

waters of New York; and a line from the

point on the arc at 40°19′48′′ N. lat.,

73°45′42′′ W. long. to a point at the limit

of the state territorial waters of New

Jersey at 40°14′00′′ N. lat., 73°55′42′′ W.

long.

(3) 106 Dumpsite. The toxic industrial

dump site known as the ‘‘106

Dumpsite’’ and located between

38°40′00′′ N. lat. and 39°00′00′′ N. lat.,

and 73°55′42′′ W. long.

* * * * *

17. In § 648.80, the introductory

paragraph, paragraphs (a)(2)(iii),

(a)(3)(iii), (a)(5) introductory text,

(a)(7)(iv) introductory text, (a)(7)(iv)(D),

(b)(2)(iii), (b)(3)(i), (c)(1), and (c)(2)(i) are

revised to read as follows.

§ 648.80 Regulated mesh areas and

restrictions on gear and methods of fishing.

All vessels must comply with the

following minimum mesh size, gear and

methods of fishing requirements, unless

otherwise exempted or prohibited.

(a) * * *

(2) * * *

(iii) Other restrictions and

exemptions. The minimum size for any

trawl net, gillnet, Scottish seine,

midwater trawl, or purse seine on a

vessel or used by a vessel when fishing

in the GOM/GB Regulated Mesh Area

while not under the NE multispecies

DAS program but when under one of the

exceptions specified in paragraphs

(a)(3), (a)(4), (a)(6), (a)(8), (a)(9), (d), (e),

(h), and (i) of this section, is set forth in

the respective paragraph specifying the

exemption. Vessels that are not fishing

under one of these exemptions, with

exempted gear (as defined under this

part), under the scallop state waters

exemption specified in § 648.54, under

a NE multispecies DAS, or under a NE

multispecies open access Charter/Party

or a Handgear permit, are prohibited

from fishing in the GOM/GB Regulated

Mesh Area.

* * * * *

(3) * * *

(iii) Time restrictions. A vessel may

only fish under this exemption during

the northern shrimp season, as

established by the Commission and

announced in the Commission’s letter to

participants.

* * * * *

(5) Stellwagen Bank/Jeffreys Ledge

(SB/JL) Juvenile Protection Area. Except

as provided in paragraphs (a)(3), (d), (e),

and (h) of this section, the minimum

mesh size for any trawl net, Scottish

seine, purse seine, or midwater trawl in

use, or available for immediate use as

described in § 648.23(b), by a vessel

fishing in the following area is 6-inch

(15.24 cm) square mesh in the last 50

bars of the codend and extension piece

for vessels 45 ft (13.7 m) in length and

less and the last 100 bars of the codend

and extension piece for vessels greater

than 45 ft (13.7 m) in length.

* * * * *

(7) * * *

(iv) Bycatch in exempted fisheries

authorized under this paragraph (a)(7)

are subject, at minimum, to the

following restrictions:

* * * * *

(D) A limit on the possession of skate

or skate parts in the Southern New

England regulated mesh area described

in paragraph (b) of this section of 10

percent, by weight, of all other species

on board.

* * * * *

(b) * * *

(2) * * *

(iii) Other restrictions and

exemptions. The minimum mesh size

for any trawl net, gillnet, Scottish seine,

midwater trawl, or purse seine in use or

available for immediate use, as

described in § 648.23(b), by a vessel

when not fishing under the NE

multispecies DAS program and when

fishing in the SNE Regulated Mesh Area

is specified under the exemptions set

forth in paragraphs (b)(3), (b)(5), (c), (e),

(h), and (i) of this section. Vessels that

are not fishing under one of these

exemptions, with exempted gear (as

defined under this part), or under the

scallop state waters exemption specified

in § 648.54, under a NE multispecies

DAS, or under a NE Multispecies open

access Charter/Party or Handgear

permit, are prohibited from fishing in

the SNE Regulated Mesh Area.

* * * * *

(3) Exemptions—(i) Species

exemptions. Vessels subject to the

minimum mesh size restrictions

specified in paragraph (b)(2) of this

section may fish for, harvest, possess, or

land butterfish, dogfish (trawl only),

herring, mackerel, ocean pout, scup,

shrimp, squid, summer flounder, silver

hake, and weakfish with nets of a mesh

size smaller than the minimum size

specified in the SNE Regulated Mesh

Area, provided such vessels comply

with the requirements specified in

paragraph (b)(3)(ii) of this section.

* * * * *
14650 Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations

(c) * * *

(1) Mid-Atlantic regulated mesh area.

(1) Area definition. The Mid-Atlantic

Regulated Mesh Area is that area

bounded on the east by a line running

from the Rhode Island shoreline at

41°18.2′ N. lat. and 71°51.5′ W. long.

(Watch Hill, RI) southwesterly through

Fishers Island, NY, to Race Point,

Fishers Island, NY, and from Race Point,

Fishers Island, NY, southeasterly to the

intersection of the 3-nautical mile line

east of Montauk Point, southwesterly

along the 3-nautical mile line to the

intersection of 72°30′ W. long. and

south along that line to the intersection

of the outer boundary of the EEZ.

(2) Gear restrictions—(i) Minimum

mesh size. Except as provided in

paragraph (i) of this section, and unless

otherwise restricted under paragraph

(c)(2)(ii) of this section, the minimum

mesh size for any trawl net, sink gillnet,

Scottish seine, purse seine, or midwater

trawl in use or available for immediate

use, as described in § 648.23(b), by a

vessel fishing under a DAS in the NE

multispecies DAS program in the MA

Regulated Mesh Area shall be that

specified by § 648.104(a). This

restriction does not apply to vessels that

have not been issued a NE multispecies

permit and that are fishing exclusively

in state waters.

* * * * *

18. In § 648.82, paragraphs (b)(1)(ii),

(b)(2)(ii), (b)(4)(i) introductory text,

(b)(4)(ii), (b)(6)(i), (d)(2)(i) introductory

text, and (g) are revised to read as

follows:

§ 648.82 Effort-control program for limited

access vessels.

* * * * *

(b) * * *

(1) * * *

(ii) Initial assignment. Any vessel

issued a valid limited access

multispecies Individual DAS permit as

of July 1, 1996, except those that have

been issued a gillnet permit, shall be

initially assigned to the Individual DAS

category.

(2) * * *

(ii) Initial assignment. Any vessel

issued a valid Fleet DAS permit, Gillnet

permit, limited access Hook-Gear

permit, or a vessel issued a Less than or

equal to 45 ft (13.7 m) permit that is

larger than 20 ft (6.1 m) in length as

determined by its most recent permit

application, as of July 1, 1996, shall be

initially assigned to the Fleet DAS

category.

* * * * *

(4) Hook-Gear category—(i) DAS

allocation. Any vessel issued a valid

limited access multispecies Hook-Gear

permit shall be allocated 116 DAS (139

DAS multiplied by the proration factor

of 0.833) for the 1996 fishing year and

88 DAS for the 1997 fishing year and

beyond. A vessel fishing under this

category in the DAS program must meet

or comply with the following while

fishing for, in possession of, or landing

regulated species:

* * * * *

(ii) Initial assignment. No vessel shall

be initially assigned to the Hook-Gear

category. Any vessel that meets the

qualifications specified in

§ 648.4(a)(1)(i) may apply for and obtain

a permit to fish under this category.

* * * * *

(6) Large Mesh Individual DAS

category—(i) DAS allocation. A vessel

fishing under the Large Mesh Individual

DAS category shall be allocated a DAS

increase of 12 percent in year 1 and 36

percent in year 2 and beyond over the

DAS allocations specified in paragraph

(b)(1)(i) of this section (this includes the

proration factor for 1996). To be eligible

to fish under the Large Mesh Individual

DAS category, a vessel, while fishing

under this category, must fish with

gillnet gear with a minimum size of 7-

inch (17.78 cm) diamond mesh or with

trawl gear with a minimum mesh size of

8-inch (20.32 cm) diamond mesh, for

the entire year, as described under

§ 648.80(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).

* * * * *

(d) * * *

(2) Appeal of DAS allocation—(i)

Initial allocations of individual DAS to

those vessels authorized to appeal under

paragraph (c) of this section may be

appealed to the Regional Administrator

if a request to appeal is received by the

Regional Administrator no later than

August 31, 1996, or 30 days after the

initial allocation is made, whichever is

later. Any such appeal must be in

writing and be based on one or more of

the following grounds:

* * * * *

(g) Spawning season restrictions. A

vessel issued a valid Small Vessel

permit under paragraph (b)(3) of this

section may not fish for, possess, or land

regulated species from March 1 through

March 20 of each year. Any other vessel

issued a limited access multispecies

permit must declare out and be out of

the regulated NE multispecies fishery

for a 20-day period between March 1

and May 31 of each calendar year using

the notification requirements specified

in § 648.10. If a vessel owner has not

declared and been out for a 20-day

period between March 1 and May 31 of

each calendar year on or before May 12

of each year, the vessel is prohibited

from fishing for, possessing or landing

any regulated species during the period

May 12 through May 31, inclusive. If a

vessel has taken a spawning season 20-

day block out of the NE multispecies

fishery during May 1996, it shall not be

required to take a 20-day block out of

the multispecies fishery in 1997.

Beginning January 1, 1998, any such

vessel must comply with the spawning

season restriction as specified in this

part.

* * * * *

19. In § 648.86, paragraph (a)(2)(iii) is

revised, paragraph (b) is removed, and

paragraph (c) redesignated as paragraph

(b) to read as follows.

§ 648.86 Possession restrictions.

(a) * * *

(2) * * *

(iii) From July 1 through December

31, scallop dredge vessels or persons

owning or operating a scallop dredge

vessel that is fishing under a scallop

DAS allocated under § 648.53 may land

or possess on board up to 300 lb (136.1

kg) of haddock provided that the vessel

has at least one standard tote on board.

This restriction does not apply to

vessels issued NE multispecies

Combination Vessel permits that are

fishing under a multispecies DAS.

Haddock on board a vessel subject to

this possession limit must be separated

from other species of fish and stored so

as to be readily available for inspection.

20. In § 648.90, paragraph (a)(3) is

revised to read as follows:

§ 648.90 Framework specifications.

(a) * * *

(3) The NEFMC shall review the

recommended target TACs and all of the

options developed by the MSMC and

other relevant information, consider

public comment, and develop a

recommendation to meet the NE

Multispecies FMP objective that is

consistent with the other applicable

law. If the NEFMC does not submit a

recommendation that meets the NE

Multispecies FMP objectives and is

consistent with other applicable law,

the Regional Administrator may adopt

any option developed by the MSMC,

unless rejected by the NEFMC, as

specified in paragraph (a)(6) of this

section, provided the option meets the

NE Multispecies FMP objective and is

consistent with other applicable law.

* * * * *

21. In § 648.100, paragraph (b)(8) is

revised to read as follows:

§ 648.100 Catch quotas and other

restrictions.

* * * * *

(b) * * *

(8) Adjustments to the exempted area

boundary and season specified in
Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations 14651

§ 648.104(b)(1) by 30-minute intervals of

latitude and longitude and 2-week

intervals, respectively, based on data

specified in paragraph (a) of this section

to prevent discarding of sublegal sized

summer flounder in excess of 10

percent, by weight.

* * * * *

22. In § 648.106, the introductory text

is revised to read as follows:

§ 648.106 Sea Turtle conservation.

This section will be suspended during

the effectiveness of any temporary

regulations issued to regulate incidental

take of sea turtles in the summer

flounder fishery under authority of the

ESA under parts 217, 222, 227 of this

title. Such suspensions and temporary

regulations will be issued by

publication in the Federal Register and

will be effective for a specified period

of time, not to exceed 1 year.

* * * * *

PART 648—[NOMENCLATURE

CHANGE]

23. In part 648, all references to

‘‘Regional Director’’ are revised to read

‘‘Regional Administrator.’’

[FR Doc. 97–7714 Filed 3–24–97; 4:22 pm]

BILLING CODE 3510–22–P

50 CFR Part 622

[Docket No. 960807218–6244–02; I.D.

032097F]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Closure

of the Commercial Red Snapper

Component

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the commercial

fishery for red snapper in the exclusive

economic zone (EEZ) of the Gulf of

Mexico. NMFS has projected that the

initial portion of the annual commercial

quota for red snapper will be reached on

March 25, 1997. This closure is

necessary to protect the red snapper

resource.

EFFECTIVE DATE: Closure is effective

12:01 a.m., local time, March 26, 1997,

through September 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert Sadler, 813–570–5305.

SUPPLEMENTARY INFORMATION: The reef

fish fishery of the Gulf of Mexico is

managed under the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (FMP).

The FMP was prepared by the Gulf of

Mexico Fishery Management Council

and is implemented through regulations

at 50 CFR part 622 under the authority

of the Magnuson-Stevens Fishery

Conservation and Management Act.

Those regulations set the commercial

quota for red snapper in the Gulf of

Mexico at 4.65 million lb (m lb) (2.11

million kg (m kg)) for the current fishing

year, January 1 through December 31,

1997. The 1997 commercial quota is

split between two seasons, the first

beginning on February 1 with a quota of

3.06 m lb (1.39 m kg) and the second

beginning on September 15 with a quota

equal to the unharvested balance of the

annual commercial quota.

Under 50 CFR 622.43(a), NMFS is

required to close the commercial fishery

for a species or species group when the

quota for that species or species group

is reached, or is projected to be reached,

by publishing notification to that effect

in the Federal Register. Based on

current statistics, NMFS has projected

that the available commercial quota of

3.06 m lb (1.39 m kg) for red snapper

will be reached on March 25, 1997.

Accordingly, the commercial fishery in

the EEZ in the Gulf of Mexico for red

snapper is closed effective 12:01 a.m.,

local time, March 26, 1997, through

September 14, 1997. The operator of a

vessel with a valid reef fish permit

having red snapper on board must land

and sell such red snapper prior to 12:01

a.m., local time, March 26, 1997.

During the closure, the bag limit

applies to all harvests of red snapper in

or from the EEZ in the Gulf of Mexico.

The daily bag limit for red snapper is

five per person. From 12:01 a.m., local

time, March 26, 1997, through

September 14, 1997, the sale or

purchase of red snapper taken from the

EEZ is prohibited. This prohibition does

not apply to sale or purchase of red

snapper that were harvested, landed

ashore, and sold prior to 12:01 a.m.,

local time, March 26, 1997, and were

held in cold storage by a dealer or

processor.

Classification

This action is taken under 50 CFR

622.43(a) and is exempt from review

under E.O. 12866.

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

Dated: March 20, 1997.

Bruce Morehead,

Acting Director, Office of sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–7716 Filed 3–21–97; 4:50 pm]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

032097A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Yellowfin Sole by

Vessels Using Trawl Gear in Bering

Sea and Aleutian Islands

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for yellowfin sole by vessels

using trawl gear in the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to

prevent exceeding the first seasonal

apportionment of the 1997 Pacific

halibut bycatch allowance specified for

the trawl yellowfin sole fishery

category.

EFFECTIVE DATE: 1200 hrs, Alaska local

time (A.l.t.), March 22, 1997, through

1200 hrs, A.l.t., April 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery 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.

The first seasonal apportionment of

the 1997 halibut bycatch allowance

specified for the trawl yellowfin sole

fishery in the BSAI, which is defined at

§ 679.21(e)(3)(iv)(B)(1), was established

by the Final 1997 Harvest Specifications

of Groundfish for the BSAI (62 FR 7168,

February 18, 1997) as 210 mt.

In accordance with § 679.21(e)(7)(iv),

the Administrator, Alaska Region,

NMFS, has determined that the first

seasonal apportionment of the 1997

halibut bycatch allowance specified for

the trawl yellowfin sole fishery in the

BSAI has been caught. Consequently,

NMFS is prohibiting directed fishing for

yellowfin sole by vessels using trawl

gear in the BSAI.

Maximum retainable bycatch amounts

for applicable gear types may be found

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