[Federal Register Volume 63, Number 145 (Wednesday, July 29, 1998)]
[Rules and Regulations]
[Pages 40375-40377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20258]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980717183-8183-01; I.D. 070298D]
RIN 0648-AK35


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Little Tunny Exempted Gillnet Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; request for comments.

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SUMMARY: NMFS issues this final rule to modify the regulations 
implementing the Northeast Multispecies Fishery Management Plan (FMP). 
This rule establishes a seasonal exempted gillnet fishery for little 
tunny (Euthynnus alleteratus) in a portion of the Southern New England 
(SNE) Regulated Mesh Area. In addition, in accordance with NMFS 
regulations related to issuance of exempted fishing permits (EFPs), 
NMFS requests comments on the issuance of EFPs to retain Atlantic 
bonito as an allowable incidental species in the little tunny fishery. 
The intent of this action is to provide an additional fishing 
opportunity consistent with the conservation objectives of the FMP. 

DATES: Effective July 24, 1998. Comments must be received on or before 
August 10, 1998.

ADDRESSES: Copies of the Environmental Assessment supporting the little 
tunny exemption may be obtained from Jon Rittgers, Acting Regional 
Administrator, Northeast Region, NMFS, One Blackburn Drive, Gloucester, 
MA 01930.
    Comments regarding the burden-hour estimates for collection-of-
information requirements contained in this final rule should be sent to 
the Acting Regional Administrator and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Washington, 
DC 20503 (Attention: NOAA Desk Officer).
    Requests for exempted fishing permits for retention of bonito as an 
allowable incidental species should be sent to the Highly Migratory 
Species (HMS) Division, Office of Sustainable Fisheries, One Blackburn 
Drive, Gloucester, MA 01930, telephone (978) 281-9260.
    Requests for letters of authorization to fish for little tunny 
should be sent to the Sustainable Fisheries Division, One Blackburn 
Drive, Gloucester, MA 01930, telephone (978) 281-9370.
    Requests for reporting forms for marine mammal interactions and 
registration forms for Authorization Certificates should be sent to the 
Acting Regional Administrator, ATTN: Sandra Arvilla, telephone (978) 
281-9264.

FOR FURTHER INFORMATION CONTACT: Bonnie L. VanPelt, Fishery Management 
Specialist, 978-281-9244.

SUPPLEMENTARY INFORMATION: The procedure for adding, modifying, or 
deleting exempted fisheries is found in Sec. 648.80. Additions, 
deletions or modifications to the list of exempted fisheries may be 
made by the Administrator, Northeast Region, NMFS (Regional 
Administrator) after consultation with the New England Fishery 
Management Council (Council), if the Regional Administrator determines, 
based on available data or information, that the percentage of 
regulated species caught as bycatch is, or can be reduced to, less than 
5 percent by weight of the total catch and that such exemption will not 
jeopardize the stock rebuilding objectives of the FMP. The Regional 
Administrator may impose specific gear, area, seasonal, or other

[[Page 40376]]

limitations appropriate to reduce bycatch of regulated species.
    In response to a request from an individual fisher, the Regional 
Administrator, after reviewing the analysis and all available data, has 
determined that an exempted gillnet fishery for little tunny meets the 
exemption requirements for the period September 1 through October 31, 
in the area defined by a line running from the Rhode Island shoreline 
at 41 deg.18.2' N. lat. and 71 deg.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 
41 deg.06.5' N. lat. and 71 deg.50.2' W. long.; east northeast through 
Block Island, RI, to 41 deg.15' N. lat. and 71 deg.07' W. long.; then 
due north to the intersection of the RI-MA shoreline.
    Based on this analysis, this rule allows an exempted gillnet 
fishery for little tunny from the period September 1 through October 
31, in the requested portion of the SNE Regulated Mesh Area described 
above. Vessels fishing under this exemption program are required to 
obtain and have on board a little tunny letter of authorization issued 
by the Regional Administrator and are subject to a minimum mesh 
requirement size of 5.5 inches (13.97 cm) throughout the net. Such 
vessels may retain little tunny and the allowable incidental species 
authorized for the SNE Regulated Mesh Area specified at 
Sec. 648.80(b)(3). Vessels fishing in this exemption may not possess 
regulated species and are subject to appropriate net stowage 
requirements, if nets of mesh size less than 5.5 inches (13.97 cm) are 
on board.
    In addition, a limited number of vessels may retain Atlantic bonito 
(Sarda sarda) as an allowable incidental species, provided they obtain 
an exempted fishing permit (EFP) from the HMS Division (see ADDRESSES), 
telephone (978) 281-9260. The EFP exempts the vessel from the 
regulations governing authorized fishing gear and retention of bonito 
as an allowable incidental species under 50 CFR 285.51. An EFP is 
required because the gillnet gear proposed for the fishery is not an 
authorized fishing gear when fishing for, catching, retaining, or 
possessing HMS species subject to regulations which include, but are 
not limited to, Atlantic bonito. This permit is issued pursuant to the 
provisions of Secs. 285.7 and 600.745 in order to collect data on the 
nature and extent of the fishery. Although participation in the bonito 
allowable incidental fishery is expected to be small, the Director, 
Office of Sustainable Fisheries, may set a cap at his/her discretion if 
fishery conservation and/or protected resource goals are determined to 
be in jeopardy. In accordance with the requirements of 50 CFR 
600.745(b)(3), NMFS requests comments on the issuance of EFPs to retain 
Atlantic bonito as an allowable incidental species.
    NMFS is currently developing a harbor porpoise take reduction plan. 
Vessels fishing under this exemption will be required to comply with 
the porpoise protection measures under the harbor porpoise take 
reduction plan, when implemented. These gillnet vessels must also 
comply with the Atlantic large whale take reduction plan regulations, 
which were effective November 15, 1997 (50 CFR 229.32). Particpants in 
this fishery are considered to be participating in the Northeast sink 
gillnet fishery, a Category I fishery as defined under the Marine 
Mammal Protection Act. As such, under regulations at 50 CFR part 229, 
they also will be required to: (1) Obtain a marine mammal authorization 
certificate; (2) report all injuries and mortalities of marine mammals 
to NMFS within 48 hours of returning from a fishing trip; and, (3) 
carry an observer if so requested by NMFS. Observers will collect data 
on interactions with marine mammals and other protected species, as 
well as determine fishery effort and further describe fishery 
characteristics.
    Vessel owners that currently hold Federal Northeast multispecies 
permits and are participating in the gillnet fishery may use their 
existing Marine Mammal Protection Certificate to enroll in the exempted 
fishery for little tunny. However, as participants in a Category I 
fishery, they must still comply with the other requirements under 50 
CFR part 229 as described above.
    Vessel owners that do not hold Federal Northeast multispecies 
permits who wish to participate in this fishery should contact the 
Acting Regional Administrator (see ADDRESSES), telephone (978) 281-
9264, for guidance on obtaining the Marine Mammal Protection 
Certificate.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds there 
is good cause to waive prior notice and opportunity for comment under 5 
U.S.C. 553(b)(B) for the little tunny gillnet exempted fishery. 
Provisions under the FMP give the Regional Administrator authority to 
add, delete, or modify exempted fisheries based on the percentage of 
regulated species caught. Public meetings held by the Council to 
discuss this management measure, as well as consultation with the 
Council on any request for an exemption during a public Council 
meeting, provided full prior notice and opportunity for public comment 
to be made and considered, making additional opportunity for public 
comment unnecessary. Under 5 U.S.C. 553(d)(1), this rule is not subject 
to a delay in effectiveness because it relieves a restriction.
    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 or refers to two collection-of-information 
requirements subject to the PRA. These collections of information have 
been approved by OMB, under OMB control numbers 0648-0202 and 0648-
0309. The estimated response time for a request for a little tunny 
letter of authorization is 2 minutes per call (OMB 0648-0202). Also, it 
is estimated that an average of 16 to 35 gillnet vessels will submit 
requests for Atlantic bonito EFPs. The burden hours approved for this 
request is 1 hour for the initial issuance of the EFP, and 1 hour for 
any subsequent requests (OMB 0648-0309). These estimated response times 
include the time needed for reviewing instructions, searching existing 
data sources, gathering and maintaining the data needed, and completing 
and reviewing the collection of information. Send comments regarding 
any of these burden estimates or any other aspect of the collection of 
information to NMFS and to OMB (see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 23, 1998.
Rolland H. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648-FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:


[[Page 40377]]


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

    2. In Sec. 648.2, the definitions for ``Bonito'' and ``Little 
tunny'' are added, in alphabetical order, to read as follows:


Sec. 648.2  Definitions.

* * * * *
    Bonito means Sarda sarda.
* * * * *
    Little tunny means Euthynnus alleteratus.
* * * * *
    3. In Sec. 648.14, paragraphs (a)(36) and (a)(43) are revised to 
read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (36) Fish with, use, or have available for immediate use within the 
area described in Sec. 648.80(b)(1), nets of mesh size smaller than the 
minimum size specified in Sec. 648.80(b)(2), except as provided in 
Sec. 648.80(b)(3), (b)(9), (d), (e), and (i), or unless the vessel has 
not been issued a multispecies permit and fishes for multispecies 
exclusively in state waters, or unless otherwise specified in 
Sec. 648.17.
* * * * *
    (43) Violate any of the provisions of Sec. 648.80(a)(4), the 
Cultivator Shoals whiting fishery exemption area; (a)(5), the 
Stellwagen Bank/Jeffreys 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; (b)(8), the SNE mussel and sea urchin dredge exemption area; or 
(b)(9), the SNE little tunny gillnet exemption area. A violation of any 
of these paragraphs is a separate violation.
* * * * *
    4. In Sec. 648.80, paragraph (b)(2)(iii) is revised, and paragraph 
(b)(9) is added to read as follows:


Sec. 648.80  Regulated mesh areas and restrictions on gear and methods 
of fishing.

* * * * *
    (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 (9), (c), (e), (h), and 
(i) of this section, if fishing under a NE multispecies DAS, if fishing 
under the small vessel exemption specified in Sec. 648.82(b)(3), if 
fishing under a scallop state waters exemption specified in 
Sec. 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 Sec. 648.81(e).
* * * * *
    (9) SNE Little Tunny Gillnet Exemption Area. A vessel may fish with 
gillnet gear in the SNE Little Tunny Gillnet Exemption Area when not 
operating under a NE multispecies DAS with mesh size smaller than the 
minimum required in the SNE Regulated Mesh Area, if the vessel complies 
with the requirements specified in paragraph (b)(9)(i) of this section. 
The SNE Little Tunny Gillnet Exemption Area is defined by a line 
running from the Rhode Island shoreline at 41 deg.18.2' N. lat. and 
71 deg.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 41 deg.06.5' N. lat. and 
71 deg.50.2' W. long.; east northeast through Block Island, RI, to 
41 deg.15' N. lat. and 71 deg.07' W. long.; then due north to the 
intersection of the RI-MA shoreline.
    (i) Requirements. (A) A vessel fishing under this exemption may 
fish only for, possess on board, or land little tunny and the allowable 
incidental species and amounts specified in paragraph (b)(3) and, if 
applicable, paragraph (b)(9)(i)(B) of this section. Vessels fishing 
under this exemption may not possess regulated species.
    (B) A vessel may possess bonito as an allowable incidental species 
provided an exempted fishing permit is obtained from the Highly 
Migratory Species Division (HMS), Office of Sustainable Fisheries, 
NMFS, Gloucester, Massachusetts. The HMS reserves the authority to cap 
the number of participants who retain bonito as allowable incidental 
species should conservation and/or protected resource concerns develop.
    (C) The vessel must have a letter of authorization issued by the 
Regional Administrator on board.
    (D) All gillnets must have a minimum mesh size of 5.5 inch (13.97 
cm) diamond mesh throughout the net.
    (E) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(9)(i)(D) of this section must be stowed in 
accordance with one of the methods described under Sec. 648.81(e) while 
fishing under this exemption.
    (F) Fishing is confined to September 1 through October 31.
    (ii) The Regional Adminstrator shall conduct periodic sea sampling 
to evaluate the likelihood of gear interactions with protected 
resources.
* * * * *
[FR Doc. 98-20258 Filed 7-24-98; 3:43 pm]
BILLING CODE 3510-22-F