Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15381

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Copies may

be obtained from AlliedSignal

Aerospace, Attn: Data Distribution, M/S

64–3/2101–201, P.O. Box 29003,

Phoenix, AZ 85038–9003; telephone

(602) 365–2493, fax (602) 365–5577.

Copies may be inspected at the FAA,

New England Region, Office of the

Assistant Chief Counsel, 12 New

England Executive Park, Burlington,

MA; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

(i) This amendment becomes effective

on April 16, 1997.

Issued in Burlington, MA, on March 27,

1997.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 97–8427 Filed 3–28–97; 3:15 pm]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 970318056–7056–01; I.D.

021397B]

RIN 0648–AJ43

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Framework Adjustment 20

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim final rule; request for

comments.

SUMMARY: NMFS issues this interim

final rule to implement measures

contained in Framework 20 of the

Northeast Multispecies Fishery

Management Plan (FMP). This interim

final rule implements management

measures that include: A daily trip limit

for cod for vessels when fishing north of

42°00′ N. lat.; a seasonal increase in the

haddock limit from 1,000 lb (453.6 kg)

per trip to 1,000 lb (453.6 kg) per day

up to a maximum of 10,000 lb (4,536.0

kg) per trip beginning September 1,

1997, and ending when 1,150 mt are

harvested; gillnet effort-reduction

measures including a limit on the

number of nets; and several exempted

fishery actions, including exemptions

for monkfish, skate, and dogfish in the

Gulf of Maine and Southern New

England Regulated Mesh Areas. The

intent of this rule is to achieve the

conservation goals established by

Amendment 7 to the FMP while

mitigating its economic impacts and to

simultaneously incorporate several

other Council actions that would

otherwise have been submitted as

separate frameworks.

DATES: Effective: May 1, 1997. Public

comments on the rule are invited

through May 1, 1997.

ADDRESSES: Comments on the rule

should be sent to Dr. Andrew A.

Rosenberg, Regional Administrator,

NMFS, Northeast Regional Office, 1

Blackburn Drive, Gloucester, MA 01930,

Attention: Susan A. Murphy. Copies of

Amendment 7 to the FMP (Amendment

7), its regulatory impact review (RIR),

and the final regulatory flexibility

analysis (FRFA) contained with the RIR,

its final supplemental environmental

impact statement (FSEIS), and

Framework Adjustment 20 documents

are available on request from Paul J.

Howard, Executive Director, New

England Fishery Management Council, 5

Broadway, Saugus, MA, 01906–1097.

Comments regarding burden-hour

estimates for collection-of-information

requirements contained in this final rule

should be sent to Dr. Andrew A.

Rosenberg, Regional Administrator, 1

Blackburn Drive, Gloucester, MA 01930,

and the Office of Information and

Regulatory Affairs, Office of

Management and Budget (OMB),

Washington, D.C. 20502 (Attention:

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

Susan A. Murphy, Fishery Policy

Analyst, 508–281–9252.

SUPPLEMENTARY INFORMATION: The

regulations implementing Amendment 7

(61 FR 27710, May 31, 1996) became

effective on July 1, 1996. The objective

of the amendment to the FMP is to

rebuild depleted stocks of Georges Bank

(GB) and Gulf of Maine (GOM) cod, GB

haddock, and GB and Southern New

England (SNE) yellowtail flounder by

reducing fishing effort through a

number of management measures,

primarily controls on days-at-sea (DAS)

and area closures. To ensure that this

goal is achieved, the regulations

established a procedure for setting

annual target total allowable catches

(TACs) for the primary cod, haddock,

and yellowtail flounder stocks and an

aggregate TAC for the combined stocks

of the remaining regulated multispecies,

based on the biological reference points

of Fmax for GOM cod and F0.1 for the

remaining stocks of cod, haddock, and

yellowtail flounder. The target TACs

provide a measure by which to evaluate

the effectiveness of the management

program and to make determinations on

the need for annual adjustments to this

program.

The regulations require the

Multispecies Monitoring Committee

(MSMC) to review the best available

scientific information, adjust target

TACs, and recommend management

options to achieve the plan objectives.

In its report delivered at the December

11–12, 1996, New England Fishery

Management Council (Council) meeting,

the MSMC concluded that spawning

stock biomass (SSB) has increased or is

projected to increase for the primary

stocks. In addition, the MSMC

concluded that, with the exception of

GOM cod, fishing mortality rates have

been reduced to below their respective

overfishing definitions. The MSMC

report offered optimistic news

concerning increased or increasing SSB

levels for the major stocks, and

decreasing fishing mortality rates for all

but the GOM cod stock, but cautioned

that SSB for 1996 GB cod, haddock, and

yellowtail flounder stocks remain below

the biological thresholds established in

the FMP and recommended additional

reductions in fishing mortality,

particularly for GOM cod.

Based on projected 1997 stock sizes

and the FMP’s 1997 fishing mortality

targets, the target TACs for the 1997

fishing year, recommended by the

MSMC and adopted by the Council, are

as follows:

Species/area

1997 target TACs

(metric

tons)

1996 target TACs

(metric

tons)

Georges Bank cod .... 3,646 1,851

Georges Bank haddock ....................... 1,608 2,801

Georges Bank

yellowtail flounder .. 776 385

Gulf of Maine cod ..... 2,605 2,761

Southern New England yellowtail

flounder .................. 824 150

Aggregate for remaining regulated species ........................ 25,500 25,500

In addition to setting the target TACs,

the MSMC report provided the Council

with five management options projected

to keep the target TACs from being

exceeded. These options were based on

DAS reductions and/or year-round area

closures.

At its December 1996 and January 7,

1997, meetings, the Council considered

the range of events, circumstances and

regulations occurring or projected to

take effect in 1997, and their collective
15382 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

impact on fishing mortality rates.

Factors analyzed included the Vessel

Capacity Reduction Program (both pilot

and proposed programs), the proposed

and realized marine mammal protection

measures, the scheduled GOM Jeffreys

Ledge closure in the month of May, and

the proposed gillnet effort reduction

measures. If the Council’s assessment of

the cumulative effect of the above

factors is realized, and fishing mortality

is reduced as projected, the average

fishing mortality rate for the five stocks

of cod, haddock and yellowtail flounder

would be significantly reduced.

However, in considering the projected

fishing mortality reduction for GOM cod

alone, the difference in the projected

1997 rate and the goal for GOM cod

remains significant.

The Council reasoned that some nonquantifiable factors not considered by

the MSMC should also be considered

and factored into the total effort

reduction, e.g., the incentives to fish in

other fisheries provided by the

additional exemptions, the incentive to

fish offshore on GB during the seasonal

haddock trip limit increase, improved

enforcement from the new State/Federal

cooperative agreements and improved

Coast Guard enforcement strategy, the

stock enhancement efforts underway by

the State of Maine, as well as the

combined effect of the overall program

on fishing behavior. Given all of the

above actions that have been taken or

are scheduled to be taken and that were

not considered by the MSMC, the

Council set its focus on the remaining

problem of addressing GOM cod.

Approved Measures

To address further reductions needed

for GOM cod, this rule implements a

1997 fishing year landing limit

restriction for vessels fishing north of

42°00′ N. lat., when fishing under a

multispecies DAS, whereby vessels are

allowed to retain up to 1,000 lb (453.6

kg) of cod per day, or any part of a day,

for each of the first 4 days of a trip, and

up to 1,500 lb (680.4 kg) of cod per day,

or any part of a day, in excess of 4 days

as described under § 648.86(c)(1). A part

of a day is considered any time within

a 24-hour period, and for trips in excess

of one day, any time within a 24-hour

period following the last complete 24-

hour period, from the time the vessel

called in to the multispecies DAS

program. For example, if a vessel

initially called in to the multispecies

DAS program at 1 a.m. on Monday and

ended its trip by calling out of the

program 3 days later on Wednesday at

5 a.m., the vessel may retain and offload

3,000 lb (1,360.8 kg) of cod, because it

fished part of 3 different days (i.e., 3 X

1,000 lb).

Vessel operators that exceed the

landing limit of cod may retain the

excess fish but may not call-out of the

multispecies DAS program until total

DAS per trip corresponds to the total

allowable weight of cod off-loaded per

trip. To mitigate discarding and to

provide a method of enforcing this

provision, vessels that exceed the cod

landing limit must report their hailed

weight of cod on board under a separate

call-in system, upon entering port.

Vessels exceeding the landing limit of

cod may, but are not required to, offload

their catch after reporting their hailed

weight of cod. Also, vessels that do not

exceed their landing limit of cod but

wish to offload their cod catch and not

call-out of the multispecies DAS

program may do so provided that they

report their hailed weight of cod using

the separate call-in system upon

entering port.

Vessel operators may receive an

exemption from this landing limit by

fishing south of 42°00′ N. lat. for a

minimum of 30 days and by obtaining

and keeping a NMFS-issued exemption

certificate on board the vessel as

described under § 648.86(c)(2). When

fishing under this exemption program,

vessels are allowed to transit the area

north of 42°00′ N. lat., provided their

gear is stowed in conformance with the

regulations.

To address concern over the high

level of discards reported seasonally by

some fishers under the current 1,000 lb

(453.6 kg) haddock possession limit,

this rule implements a measure for the

1997 fishing year, only, that increases

the landing limit, beginning September

1, 1997, to 1,000 lb (453.6 kg) per day,

to a maximum of 10,000 lb (4,536.0 kg)

per trip as described under § 648.86(a).

As a means to ensure that landings are

kept well below the 1,608 mt target TAC

level for GB haddock, this measure

would revert to a 1,000 lb (453.6 kg) per

trip possession limit when 1,150 mt is

projected to be reached. A notification

will be published in the Federal

Register when the 1,000-lb (453.6kg)

trip limit is reinstated. Implementing

the haddock daily landing limit on

September 1 will help alleviate a derby

fishery and is based on the period of

time when vessels are likely to harvest

haddock in excess of 1,000 lb (453.6 kg)

per trip. In addition, elimination of the

current possession limit during a time

when vessels are more likely to catch

haddock when fishing for other

regulated species provides an incentive

for larger vessels to leave inshore fishing

grounds, thereby relieving some

pressure on inshore stocks, particularly

GOM cod.

This action implements a set of

additional gillnet restrictions designed

to restrict further multispecies gillnet

vessels as described under § 648.82(j).

Because many gillnet vessels leave their

nets in the water when they return to

port and call-out of the DAS program,

additional effort restrictions for the

gillnet sector are necessary to achieve an

effort reduction equivalent to the other

vessel sectors, i.e., a 50 percent DAS

reduction from the baseline year. Thus,

this rule requires that limited access

vessels fishing with multispecies gillnet

gear (with the exception of vessels

fishing under the Small Vessel permit

category) declare into either a Day or

Trip gillnet category designation as

described under § 648.82(j). When

fishing under a multispecies DAS with

gillnet gear, vessels fishing under a Trip

gillnet category designation must, under

this action, remove all gillnet gear from

the water before calling-out of the

multispecies DAS program. All other

gillnet vessels are required to declare

into the Day gillnet category and: (1)

When fishing under a multispecies

DAS, must not fish more than 80

roundfish gillnets or 160 flatfish gillnets

(vessels may fish any combination of

roundfish and flatfish gillnets, up to 160

nets); (2) when fishing under a

multispecies DAS, must mark all gillnet

gear with tags purchased from NMFS

(two tags per roundfish gillnet and one

tag per flatfish gillnet); and (3) during

each fishing year, must declare and take

a total of 120 days out of the

multispecies gillnet fishery (each period

of time declared and taken must be at

least 7-consecutive days and at least 21

days of this time must be taken between

June 1 and September 30 of each fishing

year). When fishing with multispecies

gillnet gear under the multispecies DAS

program, a vessel will accrue 15 hours

DAS for each trip greater than 3 hours

but less than or equal to 15 hours (a

vessel will accrue actual DAS time at

sea for trips less than or equal to 3 hours

or greater than 15 hours).

This action modifies and adds several

exempted fisheries. Based on public

comment and other available

information, the Regional Administrator

has determined that these modifications

and additions to the current exemption

programs are consistent with the 5-

percent regulated species bycatch limit

and will not jeopardize the fishing

mortality objectives of the FMP. The

first is a dredge fishery for mussels and

sea urchins in the current Nantucket

Shoals dogfish fishery exemption area

and in the SNE Regulated Mesh Area as

described under §§ 648.80 (a)(11) and
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15383

(b)(8), respectively. Vessels fishing with

dredge gear for mussels and sea urchins

under this exemption may not fish with

dredge gear greater than 8 ft (2.44 m) in

width.

Another exemption contained in the

framework allows unlimited amounts of

skate to be retained in the current SNE

monkfish trawl exempted fishery south

of 40°10′ N. lat. as described under

§ 648.80(b)(5).

Also, this rule prohibits the

possession of monkfish in the Small

Mesh Northern Shrimp Fishery

Exemption and modifies the allowable

limit of silver hake (whiting) from two

totes to an amount equal to the weight

of shrimp on board as described under

§ 648.80(a)(3)(i).

Finally, this action implements on a

permanent basis three exemptions that

were previously allowed by the

Regional Administrator on a temporary

basis and that have since expired. First,

the rule implements an exempted

fishery for vessels fishing for monkfish

and dogfish with gillnet gear in a

portion of the GOM/GB Regulated Mesh

Area as described §§ 648.80(a)(12) and

(a)(13), respectively. When fishing for

monkfish under this exemption, vessels

are subject to a minimum mesh size of

10-inch (25.4-cm) diamond mesh

throughout the net, and a fishing season

of July 1 through September 14. When

fishing for dogfish under this

exemption, vessels are subject to a

minimum mesh size of 6.5-inch (16.5-

cm) diamond mesh throughout the net,

and a fishing season of July 1 through

August 31.

Second, the rule implements a yearround exempted fishery for vessels

fishing for monkfish and skate (skate

being added to the previous temporary

action) with gillnet gear in a portion of

the SNE Regulated Mesh Area as

described under § 648.80(b)(6). Vessels

fishing for monkfish and skate under

this exemption are subject to a

minimum mesh size of 10-inch (25.4-

cm) diamond mesh throughout the net.

Third, the rule implements an

exempted fishery for vessels fishing for

dogfish with gillnet gear in a portion of

the SNE Regulated Mesh Area as

described under § 648.80(b)(7). When

fishing for dogfish under this

exemption, vessels are subject to a

minimum mesh size of 6-inch (15.24-

cm) diamond mesh throughout the net,

and a fishing season of May 1 through

October 31.

To clarify how DAS are actually

recorded when a vessel is fishing under

a scallop or multispecies DAS, this rule

modifies the way that time is accrued by

counting DAS to the nearest minute

rather than to the nearest hour as

described under § 648.53(e).

Disapproved Measure

A measure that would have provided

an alternative method for tagging

gillnets is disapproved. The alternative

would have allowed roundfish gillnet

tags to be fastened at different intervals,

i.e., at every other bridle as proposed for

flatfish gillnets, rather than fastened to

each bridle as proposed for all other

roundfish gillnets. This measure is

disapproved because it would

unnecessarily complicate enforcement

of the gillnet tagging program.

Abbreviated Rulemaking

NMFS is making these revisions to the

regulations under the framework

abbreviated rulemaking procedure

codified at 50 CFR part 648, subpart F.

This procedure requires the Council,

when making specifically allowed

adjustments to the FMP, to develop and

analyze the actions over the span of at

least two Council meetings. The Council

must provide the public with advance

notice of both the proposals and the

analysis, and an opportunity to

comment on them prior to and at a

second Council meeting. Upon review

of the analysis and public comment, the

Council may recommend to the

Regional Administrator that the

measures be published as a final rule if

certain conditions are met. NMFS may

publish the measures as a final rule, or

as a proposed rule if additional public

comment is needed.

The public was provided the

opportunity to express opinions at

numerous meetings beginning in April

1996. The following list indicates the

meetings at which this action, or parts

of this action were on the agenda,

discussed, and public comment was

heard. The Council formally initiated

the framework adjustment for parts of

this action at its November 1996

meeting, and for the combined action at

its December meeting. The final meeting

at which public comments were heard

was the January 29–30, 1997, meeting.

Date Meeting Location

1996

February 27–28 ......................................................................... Council ...................................................................................... Danvers, MA.

April 11 ...................................................................................... Groundfish ................................................................................. Peabody, MA.

Oversight (OS).

April 17–18 ................................................................................ Council ...................................................................................... Danvers, MA.

June 5–6 .................................................................................... Council ...................................................................................... Danvers, MA.

June 11 ...................................................................................... Groundfish OS .......................................................................... Portland, ME.

July 9 ......................................................................................... Groundfish OS .......................................................................... Peabody, MA.

July 17–18 ................................................................................. Council ...................................................................................... Peabody, MA.

August 13 .................................................................................. Groundfish OS .......................................................................... Peabody, MA.

August 21–22 ............................................................................ Council ...................................................................................... Danvers, MA.

August 27 .................................................................................. Groundfish OS .......................................................................... Woods Hole,

MA.

September 9 .............................................................................. Council ...................................................................................... Peabody, MA.

October 2–3 ............................................................................... Council ...................................................................................... Danvers, MA.

October 28 ................................................................................. Groundfish OS .......................................................................... Peabody, MA.

November 6–7 ........................................................................... Council ...................................................................................... Portland, ME.

November 20 ............................................................................. Groundfish OS .......................................................................... Peabody, MA.

December 11–12 ....................................................................... Council ...................................................................................... Peabody, MA.

December 17 ............................................................................. Groundfish OS .......................................................................... Woods Hole,

MA.

1997

January 7 ................................................................................... Groundfish OS .......................................................................... Peabody, MA.

January 16 ................................................................................. Council ...................................................................................... Danvers, MA.

January 29–30 ........................................................................... Council ...................................................................................... Danvers, MA.
15384 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

Documents summarizing the

Council’s proposed action, and the

analysis of biological and economic

impacts of this and alternative actions

were available for public review 5 days

prior to the Council’s final January 29–

30, 1997, meeting, as is required under

the framework adjustment process.

Also, written comments were accepted

up to and during the January 29–30,

1997, meeting.

Comments and Responses

Comment 1: Approximately 75 letters,

as well as numerous e-mails and

telephone calls, were received from

members of conservation organizations

urging that measures necessary to

achieve the plan objectives in fishing

year 1997 be developed and

implemented.

Response: It is anticipated that

Framework 20 will achieve the plan

objectives in fishing year 1997, taking

into consideration the combined effect

of all regulations, events and

circumstances that contribute to fishing

mortality. The framework adjustment

process allows the Council the ability to

continually monitor the progress of the

plan and make adjustments as necessary

to keep the plan moving in the direction

of its stock-rebuilding goals.

Comment 2: Numerous comments

from members of the fishing industry

were received asserting that additional

DAS reductions would be economically

disastrous. Commenters indicated that

since plan objectives were being met for

some stocks, measures should be

implemented specific to those stocks

still in need of additional protection.

Response: DAS is not being reduced

further than what was already

scheduled for fishing year 1997.

Framework 20 adopts a trip limit for

GOM cod to specifically reduce

exploitation rates on that stock, which

remain near the all-time high. It is

anticipated that exploitation rates on the

other four critical stocks will be below

FMP limits, based on already scheduled

DAS reductions and other factors that

contribute to reducing fishing effort,

such as the haddock trip limit

restrictions, and additional gillnet gear

restrictions.

Comment 3: A number of inshore,

small-boat fishers objected to the

Council’s consideration of area closures

to protect GOM cod. They argued that

the closures were unfair, because small

boats do not have the option of fishing

offshore when their grounds are closed,

while larger boats are able to fish

elsewhere. They also stated that effort

displaced by the closures would

concentrate inshore effort, severely

damaging inshore fisheries and

increasing gear conflicts.

Response: The Council rejected area

closure alternatives and instead adopted

a trip limit for GOM cod that applies in

the same manner to all vessels. The trip

limit proposal is also designed to

accommodate offshore trips by

increasing the allowance on trips of five

or more days. The Coast Guard

indicated to the Council that it would

have difficulty enforcing another large

area closure with current enforcement

resources.

Comment 4: A number of industry

members from Cape Cod, Gloucester,

and New Bedford objected to the

Council’s consideration of an extension

of Area I to offset an increase in the

haddock landing limit. They argued that

the closure would eliminate a flatfish

ground important to them, while they

would not benefit from the increased

haddock, since they do not fish for

haddock.

Response: The Council rejected the

Area I closure extension, and instead,

developed a daily haddock landing

limit, off-setting it with a reduction in

the target haddock TAC (1,150 mt), at

which time the 1,000 lb (453.6 kg)

would be reinstated.

Comment 5: Two letters were received

from fishers as well as several verbal

comments opposing trip limits on the

basis that they would result in discards

or illegal landings. These commenters

also objected to the Council’s decision

to include trip limits at its January 16th

meeting because they felt the public had

inadequate notice.

Response: The cod trip limit was

designed to allow vessels to land cod in

excess of the daily limit, avoiding

discards. The measure also counts the

landings against the DAS allocation at

the trip limit rate, to meet the

conservation goals. The haddock trip

limit is not expected to create a discard

problem because most trips currently do

not catch the limit. Further, it will

alleviate a discard problem that

occasionally exists on offshore trips that

encounter a concentration of haddock

while fishing for other species.

Increasing the haddock landing limit

will allow a vessel to land more

haddock than under current rules, while

not creating an incentive to direct effort

on haddock. NMFS recognizes that there

may be potential enforcement problems

in insuring adherence to the trip limits

on cod and haddock. The Council has

acknowledged this and is committed to

reviewing the efficiency of these

measures in the near future to determine

whether adjustments should be made.

Regarding adequacy of public notice,

the draft framework document

containing the description of measures

and analysis, including the trip limits

was available for public comment one

week prior to the final framework

meeting on January 29–30, 1997.

Comment 6: An offshore gillnet fisher

stated that the Council’s trip limit

proposals would force offshore boats to

fish inshore. He proposed a system that

would require a vessel to declare into

either an inshore or offshore gillnet

category.

Response: To address the need to

reduce fishing mortality on GOM cod,

this rule implements a trip limit for

vessels fishing in the GOM, i.e., north of

42°00′ N. lat. and provides an

exemption for vessels fishing for cod

south of this line. The Council did not

adopt the alternative suggested by the

commenter because it was not provided

to the Council early enough to be

analyzed and discussed in the

framework document.

Comment 7: Council members and the

public raised concerns about how the

per-day limit on cod would be

implemented.

Response: These concerns were noted

by the Council and NMFS at the last

Council meeting, January 29–30, 1997,

before submission of Framework 20 to

NMFS. Council members, Council staff,

and NMFS communicated to ensure that

Council intent as expressed at Council

meetings was reflected in regulatory

measures.

Adherence to Framework Procedure

Requirements

The Council considered public

comment prior to making its

recommendation to the Regional

Administrator under the provisions for

abbreviated rulemaking in this FMP.

The Council requested publication of

these management measures as a final

rule after considering the required

factors stipulated under the framework

measures in the FMP, 50 CFR 648.90,

and has provided supporting analyses

for each factor considered.

At the final Council meeting on this

framework action, there were conflicting

interpretations of how the cod trip limit

would be implemented. For example,

the procedure for how the cod trip limit

would be administered for vessels that

land cod based on ‘‘part of a day’’

fishing and the procedure for dealing

with landings of trips that exceed the

cod trip limit were not explicitly

resolved. Thus NMFS is publishing this

action as an interim final rule to provide

the public an additional opportunity to

comment on this action, particularly

how the cod trip limit will be

implemented. Comments on this rule

are invited and must be received
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15385

through May 1, 1997. The Regional

Administrator will review all comments

received and, if the comments warrant,

will take further action when

promulgating a final rule.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA) finds there is

good cause to waive prior notice and

opportunity for public comment under

5 U.S.C. 553(b)(B). Public meetings held

by the Council to discuss the

management measures implemented by

this rule provided adequate prior notice

and an opportunity for public comment

to be heard and considered; therefore,

further notice and opportunity to

comment before this rule is effective, is

unnecessary. However, as discussed

above, NMFS is requesting comments

prior to finalizing this rule.

Because a general notice of proposed

rulemaking is not required to be

published for this rule by 5 U.S.C. 553

or by any other law, this rule is exempt

from the requirement to prepare an

initial or final regulatory flexibility

analysis under the Regulatory

Flexibility Act. As such, none has been

prepared. The primary intent for this

action is to achieve the conservation

goals established by Amendment 7 to

the FMP, while mitigating its economic

impacts; and to incorporate several

other Council actions that would

otherwise have been submitted as

separate frameworks. These actions as

well as the seasonal increase in the

haddock trip limit for 1997 mitigate

some impacts of Amendment 7 by

establishing exemptions from certain

provisions, while not compromising

reduction of effort objectives for

regulated species in the Northeast

multispecies fishery.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid OMB control number.

This rule contains seven new

collections of information requirements.

The collection of this information was

submitted to OMB for emergency

processing, as announced in a notice

that was published in the Federal

Register on March 12, 1997 (62 FR

11415). The collection-of-information

requirements have been approved under

OMB control number 0648–0202 and

the estimated response times are as

follows:

1. Declaration into the Trip or Day

Gillnet vessel category and request for

initial gillnet tags will require written

declaration (5 minutes/response).

2. Request for additional tags will

require written declaration (2 minutes/

response).

3. Notification of lost tags and request

for replacement tags will require written

response (2 minutes/response).

4. Attachment of tags to gillnet gear

will require additional burden (1

minute/response).

5. Declaration of 120 days out of the

gillnet fishery in minimum blocks of 7

days will require vessel notification (3

minutes/response).

6. Reporting of cod catch on board or

off-loaded for vessels fishing north of

42°00′ N. lat. will require vessel

notification (3 minutes/response).

7. Declaration that a vessel will fish

south of 42°00′ N. lat. while fishing

under a NE multispecies DAS will

require vessel notification (2 minutes/

per response).

This rule also restates preexisting

information requirements that had been

approved by OMB under the PRA and

that are needed for the implementation

of Framework Adjustment 20. These

preexisting information requirements

were approved under OMB control

number 0648–0202. Their estimated

response times are as follows:

1. Requirement to provide a vendor

installation receipt with a permit

application if the applicant opts to use

a VTS (2 minutes/response).

2. Call-in requirement for vessels

under a DAS upon return to port (2

minutes/response).

3. Call-in requirement for vessels

subject to the spawning season

restriction (2 minutes/response).

The estimated response time includes

the time needed for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection-of-information.

Public comment is sought regarding:

Whether this collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information has practical

utility; the accuracy of the burden

estimate; ways to enhance the quality,

utility, and clarity of the information to

be collected; and ways to minimize the

burden of the collection of information,

including through the use of automated

collection techniques or other forms of

information technology. Send comments

regarding any of these burden estimates

or any other aspect of the collection-ofinformation to NMFS and OMB (see

ADDRESSES).

List of Subjects

15 CFR Part 902

Reporting and recordkeeping

requirements.

50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: March 26, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 15 CFR Chapter IX and 50

CFR Chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902—NOAA INFORMATION

COLLECTION REQUIREMENTS UNDER

THE PAPERWORK REDUCTION ACT;

OMB CONTROL NUMBERS

1. The authority citation for part 902

continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

2. In § 902.1, paragraph (b), the table

is amended by adding in the left column

under 50 CFR, the entry ‘‘648.86’’, and

in the right column, in the

corresponding position, the control

number ‘‘–0202’’.

50 CFR, CHAPTER VI

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 definition for

‘‘Day(s)-at-Sea (DAS)’’ is revised, and

the definitions for ‘‘Flatfish gillnets’’

and ‘‘Roundfish gillnets’’ are added, in

alphabetical order, to read as follows:

§ 648.2 Definitions.

* * * * *

Day(s)-at-Sea (DAS), with respect to

the NE multispecies and scallop

fisheries, except as described in

§ 648.82(j)(1)(iv), means the 24-hour

periods of time during which a fishing

vessel is absent from port in which the

vessel intends to fish for, possess or

land, or fishes for, possesses, or lands

regulated species or scallops.

* * * * *

Flatfish gillnets means gillnets that

are either constructed with no floats on

the float line, or that are constructed

with floats on the float line and that

have tie-down twine between the float

line and the lead line not more than 48
15386 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

inches (18.90 cm) in length and spaced

not more than 15 feet (4.57 m) apart.

* * * * *

Roundfish gillnets means gillnets that

are constructed with floats on the float

line and that have no tie-down twine

between the float line and the lead line.

* * * * *

5. In § 648.4, paragraph (c)(2)(iii) is

revised to read as follows:

§ 648.4 Vessel permits.

* * * * *

(c) * * *

(2) * * *

(iii) An application for a limited

access multispecies permit must also

contain the following information:

(A) If applying for a limited access

multispecies Combination Vessel permit

or Individual DAS category permit, or if

opting to use a VTS, a copy of the

vendor installation receipt from a

NMFS-approved VTS vendor as

described in § 648.9.

(B) For vessels fishing for NE

multispecies with gillnet gear, with the

exception of vessels under the Small

Vessel permit category, an annual

declaration as either a Day or Trip

gillnet vessel designation as described

in § 648.80(j). Vessel owners electing a

Day gillnet designation must indicate

the number of gillnet tags that they are

requesting and must include a check for

the cost of the tags. A permit holder

letter will be sent to all eligible gillnet

vessels informing them of the costs

associated with this tagging requirement

and directions for obtaining tags. Once

a vessel owner has elected this

designation, he/she may not change the

designation or fish under the other

gillnet category for the remainder of the

fishing year. Incomplete applications, as

described in paragraph (e) of this

section, will be considered incomplete

for the purpose of obtaining

authorization to fish in the NE

multispecies gillnet fishery and will be

processed without a gillnet

authorization.

* * * * *

6. In § 648.10, paragraphs (c)(3) and (f)

are revised to read as follows:

§ 648.10 DAS Notification Requirements.

* * * * *

(c) * * *

(3) At the end of a vessel’s trip, upon

its 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

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.

* * * * *

(f) Additional NE multispecies call-in

requirements.—(1) Spawning season

call-in. 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 NE multispecies

fishery through either the VTS system or

by calling and providing the following

information: Vessel name and permit

number, owner and caller name and

phone number and the commencement

date of the 20-day period.

(2) Gillnet call-in. Vessels subject to

the gillnet restriction described in

§ 648.82(j)(1)(iii) must notify the

Regional Administrator of the

commencement date of their time out of

the NE multispecies gillnet fishery using

the procedure described in paragraph

(f)(1) of this section.

7. In § 648.14, paragraphs (a)(43), (b),

(c)(1), and (c)(7) are revised, and

paragraphs (c) (11) through (19) are

added to read as follows:

§ 648.14 Prohibitions.

(a) * * *

(43) Violate any of the provisions of

§ 648.80(a)(4), the Cultivator Shoals

whiting fishery exemption area; (a)(5),

the Stellwagen Bank/Jefferys Ledge (SB/

JL) juvenile protection area; (a)(8), Small

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

the Nantucket Shoals dogfish fishery

exemption area; (a)(11), the Nantucket

Shoals mussel and sea urchin dredge

exemption area; (a)(12), the GOM/GB

monkfish gillnet exemption area; (a)(13),

the GOM/GB dogfish gillnet exemption

area; (b)(3) exemptions (small mesh);

(b)(5), the SNE monkfish and skate trawl

exemption area; (b)(6), the SNE

monkfish and skate gillnet exemption

area; (b)(7), the SNE dogfish gillnet

exemption area; or (b)(8), the SNE

mussel and sea urchin dredge

exemption. A violation of any of these

paragraphs is a separate violation.

* * * * *

(b) In addition to the general

prohibitions specified in § 600.725 of

this chapter and in paragraph (a) of this

section, it is unlawful for any person

owning or operating a vessel holding a

multispecies permit, issued an

operator’s permit, or issued a letter

under § 648.4(a)(1)(i)(H)(3), to land, or

possess on board a vessel, more than the

possession or landing limits specified in

§ 648.86(a) and (c), or to violate any of

the other provisions of § 648.86.

(c) * * *

(1) Fish for, possess at any time

during a trip, or land per trip more than

the possession limit of regulated species

specified in § 648.86(d) after using up

the vessel’s annual DAS allocation or

when not participating in the DAS

program pursuant to § 648.82, unless

otherwise exempted under

§ 648.82(b)(3) or § 648.89.

* * * * *

(7) Possess or land per trip more than

the possession or landing limits

specified under § 648.86 (a) or (c), and

§ 648.82(b)(3), if the vessel has been

issued a limited access multispecies

permit.

* * * * *

(11) If the vessel has been issued a

limited access multispecies permit and

fishes under a multispecies DAS, fail to

comply with gillnet requirements and

restrictions specified in § 648.82(j).

(12) If the vessel has been issued a

Day gillnet category designation, fail to

comply with the restrictions and

requirements specified in § 648.82(j)(1).

(13) If the vessel has been issued a

Day gillnet category designation, fail to

remove gillnet gear from the water as

described in § 648.82(g) and

§ 648.82(j)(1)(iv).

(14) Fail to produce or, cause to be

produced, gillnet tags when requested

by an authorized officer.

(15) Produce, or cause to be produced,

gillnet tags required under § 648.82(j)(1)

without the written confirmation from

the Regional Administrator described in

§ 648.82(j)(1)(ii).

(16) Tag a gillnet or use a gillnet tag

that has been reported lost, missing,

destroyed, or issued to another vessel.

(17) Sell, transfer, or give away gillnet

tags that have been reported lost,

missing, destroyed, or issued to another

vessel.

(18) If the vessel has been issued a

Trip gillnet category designation, fail to

comply with the restrictions and

requirements specified in § 648.82(j)(2).

(19) Fail to comply with the

exemption specifications as described in

§ 648.86(c)(2).

* * * * *

8. In § 648.53, paragraph (e) is revised

to read as follows:

§ 648.53 DAS allocations.

* * * * *

(e) Accrual of DAS. DAS shall accrue

to the nearest minute.

* * * * *

9. In § 648.80, paragraphs (a)(2)(iii),

(a)(3)(i), (b)(2)(iii), and (b)(5) are revised,

and paragraphs (a)(11), (a)(12), (a)(13)

and (b)(6) through (b)(8) are added to

read as follows:
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15387

§ 648.80 Regulated mesh areas and

restrictions on gear and methods of fishing.

* * * * *

(a) * * *

(2) * * *

(iii) Other restrictions and

exemptions. Vessels are prohibited from

fishing in the GOM/GB Regulated Mesh

Area except if fishing with exempted

gear (as defined under this part) or

under the exemptions specified in

paragraphs (a)(3), (a)(4), (a)(6), (a)(8)

through (a)(13), (d), (e), (h), and (i) of

this section, if fishing under a NE

multispecies DAS, if fishing under the

scallop state waters exemptions

specified in § 648.54 and (a)(10) of this

section, or if fishing pursuant to a NE

multispecies open access Charter/Party

or Handgear permit. Any gear on a

vessel, or used by a vessel, in this area

must be authorized under one of these

exemptions or must be stowed as

specified in § 648.81(e).

(3) * * *

(i) Restrictions on fishing for,

possessing, or landing fish other than

shrimp. A vessel fishing in the northern

shrimp fishery described in this section

under this exemption may not fish for,

possess on board, or land any species of

fish other than shrimp, except for the

following, with the restrictions noted, as

allowable bycatch species: Longhorn

sculpin; silver hake—up to an amount

equal to the total weight of shrimp

landed; and American lobster—up to 10

percent, by weight, of all other species

on board, or 200 lobsters (whichever is

less).

* * * * *

(11) Nantucket Shoals Mussel and Sea

Urchin Dredge Exemption Area. A

vessel may fish with a dredge in the

Nantucket Shoals Mussel and Sea

Urchin Dredge Exemption Area,

provided that any dredge on board the

vessel does not exceed 8 feet (2.44 m)

in width, and the vessel does not fish

for, harvest, possess, or land any species

of fish other than mussels and sea

urchins. The area coordinates of the

Nantucket Shoals Mussel and Sea

Urchin Dredge Exemption Area are the

same coordinates as those of the

Nantucket Shoals Dogfish Fishery

Exemption Area specified under

paragraph (a)(9) of this section.

(12) GOM/GB Monkfish Gillnet

Exemption. A vessel may fish with

gillnets in the GOM/GB Dogfish and

Monkfish Gillnet Fishery Exemption

Area when not under a NE multispecies

DAS if the vessel complies with the

requirements specified in paragraph

(a)(12)(i) of this section. The GOM/GB

Dogfish and Monkfish Gillnet Fishery

Exemption Area is defined by straight

lines connecting the following points in

the order stated:

N. Lat. W. Long.

41°35′ 70°00′

42°49.5′ 70°00′

42°49.5′ 69°40′

43°12′ 69°00′

(1) 69°00′

(1) due north to Maine shoreline.

(i) Requirements. (A) A vessel fishing

under this exemption may not fish for,

possess on board, or land any species of

fish other than monkfish, or lobsters in

an amount not to exceed 10 percent by

weight of the total catch on board, or

200 lobsters (whichever is less).

(B) All gillnets must have a minimum

mesh size of 10 inches (25.4 cm)

diamond mesh throughout the net.

(C) Fishing is confined to July 1

through September 14.

(13) GOM/GB Dogfish Gillnet

Exemption. A vessel may fish with

gillnets in the GOM/GB Dogfish and

monkfish gillnet fishery exemption area

when not under a NE multispecies DAS

if the vessel complies with the

requirements specified in paragraph

(a)(13)(i) of this section. The area

coordinates of the GOM/GB Dogfish and

Monkfish Gillnet Fishery Exemption

Area are specified in paragraph (a)(11)

of this section.

(i) Requirements. (A) A vessel fishing

under this exemption may not fish for,

possess on board, or land any species of

fish other than dogfish, or lobsters in an

amount not to exceed 10 percent by

weight of the total catch on board, or

200 lobsters (whichever is less).

(B) All gillnets must have a minimum

mesh size of 6.5 inches (16.5 cm)

diamond mesh throughout the net.

(C) Fishing is confined to July 1

through August 31.

(b) * * *

(2) * * *

(iii) Other restrictions and

exemptions. Vessels are prohibited from

fishing in the SNE Regulated Mesh Area

except if fishing with exempted gear (as

defined under this part) or under the

exemptions specified in paragraphs

(b)(3), (b)(5) through (8), (c), (e), (h), and

(i) of this section, if fishing under a NE

multispecies DAS, if fishing under the

scallop state waters exemption specified

in § 648.54, or if fishing pursuant to a

NE multispecies open access Charter/

Party or Handgear permit. Any gear on

a vessel, or used by a vessel, in this area

must be authorized under one of these

exemptions or must be stowed as

specified in § 648.81(e).

* * * * *

(5) SNE Monkfish and Skate Trawl

Exemption Area. A vessel may fish with

trawl gear in the SNE Monkfish and

Skate Trawl Fishery Exemption Area

when not operating under a NE

multispecies DAS if the vessel complies

with the requirements specified in

paragraph (b)(5)(i) of this section. The

SNE Monkfish and Skate Trawl Fishery

Exemption Area is defined as the area

bounded on the north by a line

extending eastward along 40°10′ N. lat.,

and bounded on the west by the eastern

boundary of the Mid-Atlantic Regulated

Mesh Area.

(i) Requirements. (A) A vessel fishing

under this exemption may only fish for,

possess on board, or land monkfish,

skates, and the bycatch species and

amounts specified in paragraph (b)(3) of

this section.

(B) All trawl nets must have a

minimum mesh size of 8-inches (20.3-

cm) square or diamond mesh

throughout the codend for at least 45

continuous meshes forward of the

terminus of the net.

(6) SNE Monkfish and Skate Gillnet

Exemption Area. A vessel may fish with

gillnet gear in the SNE Monkfish and

Skate Gillnet Fishery Exemption Area

when not operating under a NE

multispecies DAS if the vessel complies

with the requirements specified in

paragraph (b)(6)(i) of this section. The

SNE Monkfish and Skate Gillnet Fishery

Exemption Area is defined by a line

running from the Massachusetts

shoreline at 41°35′ N. lat. and 70°00′ W.

long. south to its intersection with the

outer boundary of the EEZ,

southwesterly along the outer boundary

of the EEZ, and bounded on the west by

the eastern boundary of the MidAtlantic Regulated Mesh Area.

(i) Requirements. (A) A vessel fishing

under this exemption may only fish for,

possess on board, or land monkfish,

skates, and the bycatch species and

amounts specified in paragraph (b)(3) of

this section.

(B) All gillnets must have a minimum

mesh size of 10 inch (25.4 cm) diamond

mesh throughout the net.

(C) All nets with a mesh size smaller

than the minimum mesh size specified

in paragraph (b)(6)(i)(B) of this section

must be stowed as specified in

§ 648.81(e)(4).

(7) SNE Dogfish Gillnet Exemption

Area. A gillnet vessel may fish in the

SNE Dogfish Gillnet Fishery Exemption

Area when not operating under a NE

multispecies DAS if the vessel complies

with the requirements specified in

paragraph (b)(7)(i) of this section. The

SNE Dogfish Gillnet Fishery Exemption

Area is defined by a line running from

the Massachusetts shoreline at 41°35′ N.

lat. and 70°00′ W. long. south to its

intersection with the outer boundary of
15388 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

the EEZ, southwesterly along the outer

boundary of the EEZ, and bounded on

the west by the eastern boundary of the

Mid-Atlantic Regulated Mesh Area.

(i) Requirements. (A) A vessel fishing

under this exemption may only fish for,

possess on board, or land dogfish and

the bycatch species and amounts

specified in paragraph (b)(3) of this

section.

(B) All gillnets must have a minimum

mesh size of 6-inches (15.24-cm)

diamond mesh throughout the net.

(C) Fishing is confined to May 1

through October 31.

(8) SNE Mussel and Sea Urchin

Dredge Exemption. A vessel may fish

with a dredge in the SNE Regulated

Mesh Area, provided that any dredge on

board the vessel does not exceed 8 feet

(2.44 m) in width, and the vessel does

not fish for, harvest, possess, or land

any species of fish other than mussels

and sea urchins.

* * * * *

10. In § 648.81, in paragraph (e) the

introductory text is removed as follows:

§ 648.81 Closed Areas.

* * * * *

(e) Gear stowage requirements.

* * * * *

11. In § 648.82, paragraph (g) is

revised and paragraph (j) is added to

read as follows:

§ 648.82 Effort-control program for limited

access vessels.

* * * * *

(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. A vessel fishing under a Day

gillnet category designation is

prohibited from fishing with nonexempted gillnet gear during its

declared 20-day spawning block, unless

the vessel is fishing in an exempted

fishery as described in § 648.80. 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 is not required to

take a 20-day block out of the NE

multispecies fishery in 1997. Beginning

January 1, 1998, any such vessel must

comply with the spawning season

restriction specified in this part.

* * * * *

(j) Gillnet restrictions. Vessels issued

a limited access NE multispecies permit

fishing under a multispecies DAS with

gillnet gear must obtain an annual

designation as either a Day gillnet or

Trip gillnet vessel as described in

§ 648.4(c)(2)(iii)(B).

(1) Day gillnet vessels. A Day gillnet

vessel fishing with gillnet gear under a

multispecies DAS is not required to

remove gillnet gear from the water upon

returning to the dock and calling-out of

the DAS program, provided:

(i) Number and size of nets. Vessels

may not fish with, haul, possess, or

deploy more than 80 roundfish gillnets

or 160 flatfish gillnets. Vessels may fish

any combination of roundfish and

flatfish gillnets, up to 160 nets, provided

that the number of roundfish and

flatfish gillnets does not exceed the

limitations specified in this

subparagraph, and the nets are tagged in

accordance with paragraph (j)(1)(ii) of

this section. Nets may not be longer

than 300 ft (91.44 m), or 50 fathoms, in

length.

(ii) Tagging requirements. Beginning

June 1, 1997, all roundfish gillnets

fished, hauled, possessed, or deployed

must have two tags per net, with one tag

secured to each bridle of every net

within a string of nets and all flatfish

gillnets fished, hauled, possessed, or

deployed must have one tag per net,

with one tag secured to every other

bridle of every net within a string of

nets. Tags must be obtained as described

in § 648.4(c)(2)(iii) and vessels must

have on board written confirmation

issued by the Regional Administrator,

indicating that the vessel is a Day gillnet

vessel. The vessel operator must

produce all net tags upon request by an

authorized officer.

(iii) All gillnet gear is brought to port

prior to the vessel fishing in an

exempted fishery.

(iv) Declaration of time out of the

gillnet fishery. (A) During each fishing

year, vessels must declare, and take, a

total of 120 days out of the multispecies

gillnet fishery. Each period of time

declared and taken must be a minimum

of 7 consecutive days. At least 21 days

of this time must be taken between June

1 and September 30 of each fishing year.

The spawning season time out period

required by § 648.82(g) will be credited

toward the 120 days time out of the

multispecies gillnet fishery. If a vessel

owner has not declared and taken, any

or all of the remaining periods of time

required by the last possible date to

meet these requirements, the vessel is

prohibited from fishing for, possessing,

or landing regulated multispecies

harvested with gillnet gear, or from

having gillnet gear on board the vessel

that is not stowed in accordance with

§ 648.81(e)(4), while fishing under a

multispecies DAS, from that date

through the end of the period between

June 1 and September 30, or through the

end of the fishing year, as applicable.

(A) Vessels shall declare their periods

of required time following the

notification procedures specified in

§ 648.10(f)(2).

(B) During each period of time

declared, a vessel is prohibited from

fishing with non-exempted gillnet gear.

However, the vessel may fish in an

exempted fishery as described in

§ 648.80, or it may fish under a

multispecies DAS provided it fishes

with gear other than non-exempted

gillnet gear.

(v) Method of counting DAS. Day

gillnet vessels fishing with gillnet gear

under a multispecies DAS will accrue

15 hours DAS for each trip greater than

3 hours but less than or equal to 15

hours. Such vessels will accrue actual

DAS time at sea for trips less than or

equal to 3 hours or greater than 15

hours.

(vi) Lost tags. Vessel owners or

operators are required to report lost,

destroyed, and missing tag numbers as

soon as feasible after tags have been

discovered lost, destroyed or missing,

by letter or fax to the Regional

Administrator.

(vii) Replacement tags. Vessel owners

or operators seeking replacement of lost,

destroyed, or missing tags must request

replacement of tags by letter or fax to

the Regional Administrator. A check for

the cost of the replacement tags must be

received before tags will be re-issued.

(2) Trip gillnet vessels. When fishing

under a multispecies DAS, a Trip gillnet

vessel is required to remove all gillnet

gear from the water before calling-out of

a multispecies DAS under

§ 648.10(c)(3). When not fishing under a

multispecies DAS, Trip gillnet vessels

may fish in an exempted fishery with

gillnet gear as authorized under the

exemptions described in § 648.80.

Vessels electing to fish under the Trip

gillnet designation must have on board

written confirmation issued by the

Regional Administrator, that the vessel

is a Trip gillnet vessel.

12. In § 648.86, paragraphs (a)(1) and

(c) are revised and paragraph (d) is

added to read as follows:
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15389

§ 648.86 Possession and landing

restrictions.

(a) Haddock—(1) NE multispecies

DAS vessels. (i) Except as provided in

paragraph (a)(1)(ii) of this section, a

vessel that is fishing under a NE

multispecies DAS may land or possess

on board up to 1,000 lb (453.6 kg) of

haddock provided it has at least one

standard tote on board. 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.

(ii) Beginning September 1, 1997, and

for the 1997 fishing year only, a vessel

may land up to 1,000 lb (453.6 kg) of

haddock per day, or any part of a day,

up to 10,000 lb (4,536.0 kg) per trip.

Once the Regional Administrator

projects that 1,150 mt will be harvested,

NMFS will publish a notice in the

Federal Register that on a specific date

the possession limit will revert to 1,000

lb (453.6 kg) per trip. At such time that

the 1,000 lb (453.6 kg) per trip

possession limit is reinstated, vessels

will be subject to the restrictions

specified in paragraph (a)(1)(i) of this

section. Haddock on board a vessel

subject to this landing limit must be

separated from other species of fish and

stored so as to be readily available for

inspection.

* * * * *

(c) Cod. The following landing

restrictions apply May 1, 1997, through

April 30, 1998:

(1) Landing limit north of 42°00′

North Latitude. (i) Except as provided in

paragraph (c)(2) of this section, a vessel

fishing under a NE multispecies DAS

may land up to 1,000 lb (453.6 kg) of

cod per day, or any part of a day, for

each of the first 4 days of a trip, and may

land up to 1,500 lb (680.4 kg) of cod per

day for each day, or any part of a day,

in excess of 4 consecutive days. A day,

for the purposes of this paragraph,

means a 24 hour period. Vessels callingout of the multispecies DAS program

under § 648.10(c)(3) that have utilized

‘‘part of a day’’ (less than 24 hours) may

land up to an additional 1,000 lb (453.6

kg) of cod for that ‘‘part of a day’’,

however, such vessels may not end any

subsequent trip with cod on board

within the 24-hour period following the

beginning of the ‘‘part of the day’’

utilized (e.g., a vessel that has called-in

to the multispecies DAS program at 3

p.m. on a Monday and ends its trip the

next day (Tuesday) at 4 p.m. (accruing

a total of 25 hours) may legally land up

to 2,000 lb (907.2 kg) of cod on such a

trip, but the vessel may not end any

subsequent trip with cod on board until

after 3 p.m. on the following day

(Wednesday)). Cod on board a vessel

subject to this landing limit must be

separated from other species of fish and

stored so as to be readily available for

inspection.

(ii) A vessel subject to the cod landing

limit restrictions described in paragraph

(c)(1)(i) of this section may come into

port with, and offload cod in excess of

the landing limit as determined by the

number of DAS elapsed since the vessel

called into the DAS program, provided

that:

(A) The vessel operator does not callout of the DAS program as described

under § 648.10(c)(3) until sufficient time

has elapsed to account for and justify

the amount of cod harvested at the time

of offloading regardless if whether all of

the cod on board is offloaded (e.g., a

vessel that has called-in to the

multispecies DAS program at 3 p.m. on

Monday may fish and come back into

port at 4 p.m. on Wednesday of that

same week with 4,000 lb (1,814.4 kg) of

cod, and offload some or all of its catch,

but cannot call out of the DAS program

until 3:01 p.m. the next day, Thursday

(i.e., 3 days plus one minute)); and

(B) Upon entering port, and before

offloading, the vessel operator notifies

the Regional Administrator by calling

508–281–9278 and provides the

following information: Vessel name and

permit number, owner and caller name,

phone number, and the hail weight of

cod on board and the amount of cod to

be offloaded, if any. A vessel that has

not exceeded the landing limit and is

offloading and ending its trip by calling

out of the multispecies DAS program

does not have to report under this callin system.

(iii) A vessel that has not exceeded

the cod landing limit restrictions

described in paragraph (c)(1)(i) and is

offloading some or all of its catch but

not calling out of the multispecies DAS

program under § 648.10(c)(3), is subject

to the call-in requirement described in

paragraph (c)(1)(ii)(B) of this section.

(2) Exemption. A vessel fishing under

a NE multispecies DAS is exempt from

the landing limit described in paragraph

(c)(1) when fishing south of 42°00′ N.

lat., provided that it does not fish north

of this exemption area for a minimum

of 30 consecutive days (when fishing

under the multispecies DAS program),

and has on board an authorization letter

issued by the Regional Administrator.

Vessels exempt from the landing limit

requirement may transit the GOM/GB

Regulated Mesh Area north of the 42°00′

N. lat., provided that their gear is

stowed in accordance with one of the

provisions of § 648.81(e).

(d) Other possession restrictions.

Vessels are subject to any other

applicable possession limit restrictions

of this part.

[FR Doc. 97–8235 Filed 3–28–97; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 74

Listing of Color Additives Subject to

Certification

CFR Correction

In title 21 of the Code of Federal

Regulations, parts 1 to 99, revised as of

April 1, 1996, on page 369, in § 74.2101

a portion of the text for paragraph (a)

was inadvertently removed. Paragraph

(a) should read as follows:

§ 74.2101 FD&C Blue No. 1.

(a) Identity. The color additive FD&C

Blue No. 1 is principally the disodium

salt of ethyl[4-[p-[ethyl(msulfobenzyl)amino]-α-(osulfophenyl)benzylidene]-2,5-

cyclohexadien-1-ylidene](msulfobenzyl)ammonium hydroxide inner

salt with smaller amounts of the

isomeric disodium salts of ethyl[4-[p-

[ethyl(p-sulfobenzyl)amino]-α-(osulfophenyl)benzylidene]-2,5-

cyclohexadien-1-ylidene](psulfobenzyl)ammonium hydroxide inner

salt and ethyl[4-[p-[ethyl(osulfobenzyl)amino]-α-(osulfophenyl)benzylidene]-2,5-

cyclohexadien-1-ylidene](osulfobenzyl)ammonium hydroxide inner

salt. Additionally, FD&C Blue No. 1 is

manufactured by the acid catalyzed

condensation of one mole of sodium 2-

formylbenzenesulfonate with two moles

from a mixture consisting principally of

3-[(ethylphenylamino)methyl]

benzenesulfonic acid, and smaller

amounts of 4-

[(ethylphenylamino)methyl]

benzenesulfonic acid and 2-

[(ethylphenylamino)methyl]

benzenesulfonic acid to form the leuco

base. The leuco base is then oxidized

with lead dioxide and acid, or with

dichromate and acid, or with manganese

dioxide and acid to form the dye. The

intermediate sodium 2-

formylbenzenesulfonate is prepared

from 2-chlorobenzaldehyde and sodium

sulfite.

[FR Doc. 97–55503 Filed 3-31-97; 8:45 am]

BILLING CODE 1505-01-D