[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Rules and Regulations]
[Pages 26841-26844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12320]



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DEPARTMENT OF COMMERCE
50 CFR Part 651

[Docket No. 950410096-5135-02; I.D. 050595B]
RIN 0648-AH66


Northeast Multispecies Fishery; Exemption Supplement to Framework 
9

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to modify the regulations 
implementing the Northeast Multispecies Fishery Management Plan (FMP). 
This rule allows a small mesh fishery exemption within specific areas 
and during specific times in the Gulf of Maine/Georges Bank (GOM/GB) 
Small Mesh Exemption Area and the retention and landing of skate by 
vessels fishing in the New York and Connecticut State Waters Winter 
Flounder Small Mesh Exemption Program. The Acting Director, Northeast 
Region, NMFS (Regional Director), has determined that these fisheries 
meet the exemption qualification requirements specified in Sec. 651.20 
(a)(7) and (c)(5). This rule also makes two corrections to the 
multispecies regulations.

EFFECTIVE DATE: May 15, 1995.

ADDRESSES: Copies of Amendment 5 to the FMP, its regulatory impact 
review (RIR) and the initial regulatory flexibility analysis contained 
within the RIR, its final supplemental environmental impact statement, 
and Framework Adjustment 9 and its supporting analyses are available 
upon request from Douglas G. Marshall, Executive Director, New England 
Fishery Management Council, 5 Broadway, Saugus, MA 01906-1097.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, NMFS, Fishery Policy 
Analyst, 508-281-9252.

SUPPLEMENTARY INFORMATION: NMFS implemented an emergency interim rule 
on December 12, 1994 (59 FR 63926), to implement immediate protective 
measures to reduce fishing effort on groundfish stocks, primarily cod, 
haddock, and yellowtail flounder, while a more comprehensive plan 
amendment (Amendment 7) designed to rebuild these stocks is developed.
    On the recommendation of the New England Fishery Management Council 
(Council), this emergency action was extended, effective March 13, 
1995, through June 10, 1995 (60 FR 13078, March 10, 1995). Because the 
development and implementation of proposed Amendment 7 is not expected 
until 1996, the measures contained in the emergency action, with some 
modifications, were implemented on a permanent basis in Framework 
Adjustment 9 to the FMP (60 FR 19364, April 18, 1995). The framework 
action, effective April 13, 1995, superseded the emergency action. 
Additional measures in Framework 9, which required approval by the 
Office of Management and Budget under the Paperwork Reduction Act, were 
made effective on April 28, 1995 (60 FR 21994, May 4, 1995).
    Under Framework Adjustment 9, any fishery utilizing mesh smaller 
than the regulated mesh size is disallowed, except for fisheries that 
have been determined to have a catch of less than 5 percent, by weight, 
of regulated species. With the implementation of Framework Adjustment 
9, the Regional Director determined that several species met the 5 
percent requirement and are, therefore, currently allowed under 
Sec. 651.20 (a)(3), (a)(4), (c)(3), and (d)(3).
    Section 651.20 (a)(7), (c)(5), and (d)(4) authorizes the Regional 
Director to add or delete species exemptions in the respective 
regulated mesh areas based on the determination that the fishery in 
which the species are caught meets the 5 percent criteria--after 
consideration of the gear used, area where the fishery occurs, and 
other relevant factors. Recently, several small mesh exemption 
proposals were submitted to the Regional Director for consideration. Of 
these requests, the Regional Director has a reasonable basis to 
determine that a seasonal small mesh fishery of specified species in 
two of the small mesh exemption areas proposed in the GOM/GB regulated 
mesh area, and an allowance for the take of one additional species, 
skate, in New York and Connecticut state waters in the State Waters 
Winter Flounder Exemption Program, will not exceed the 5 percent 
bycatch allowance of regulated species.
    When fishing in the two exempted subareas within the GOM/GB 
regulated mesh area with small mesh during the respective time frames 
specified, vessels may fish for the following exempted species: 
Butterfish, dogfish, herring, mackerel, ocean pout, scup, squid, silver 
hake (whiting), and red hake. Vessels fishing for the exempted species 
identified above may also possess and retain the following species as 
incidental take, with the restrictions noted: Longhorn sculpin, 
monkfish, and monkfish parts up to 10 percent by weight of all other 
species on board; and American lobster up to 10 percent by weight of 
all other species on board or 200 lobsters, whichever is less.
    The fishing season is from July 15 through November 15 when fishing 
under the exemption in Small Mesh Area 1; and from January 1 though 
June 30 when fishing under the exemption in Small Mesh Area 2. These 
dates were selected based on the proposal request and were justified by 
an analysis of sea sampling data, commercial landings, and research 
vessel survey data that indicated the 5 percent criteria was met 
concerning the level of bycatch.
    This rule also allows the possession and retention of skate as 
incidental take when fishing in New York and Connecticut state waters 
under the State Waters Winter Flounder Exemption Program.
    Further, this rule makes a correction by adding squid to the 
exempted species list in the Mid-Atlantic region. Squid had been 
determined to meet the 5 percent criteria and was included as an 
exempted species with the implementation of the emergency interim rule 
(59 FR 63926, December 12, 1994), but had been inadvertently omitted in 
a subsequent rulemaking. This rule corrects this omission by adding 
squid to this list under Sec. 651.20(d)(3).
    Finally, this rule corrects the provisions exempting, under certain 
conditions, purse seine and mid-water trawl gear from the minimum mesh 
size requirements as specified under Sec. 651.20 (e) and (f), to allow 
this exemption in all of the regulated mesh areas, but to require 
letters of authorization only in the GOM/GB and Stellwagen Bank/
Jeffreys Ledge (SB/JL) regulated mesh area.

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. [[Page 26842]] 553(b)(B). Provisions under Framework Adjustment 
9 give the Regional Director authority to add or delete small mesh 
species based on the percentage of regulated species caught. Public 
meetings held by the Council to discuss the management measures of 
Framework 9 provided full prior notice and opportunity for public 
comment to be made and considered, making additional opportunity for 
public comment unnecessary.
    Because implementation of this rule relieves a restriction, there 
is no need to delay for 30 days the effectiveness of this regulation, 5 
U.S.C. 553(d)(1).
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 15, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 651 is amended 
as follows:

PART 651--NORTHEAST MULTISPECIES FISHERY

    1. The authority citation for part 651 continues to read as 
follows:

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

    2. In Sec. 651.9, paragraphs (e)(14) and (e)(15) are revised to 
read as follows:


Sec. 651.9  Prohibitions.

* * * * *
    (e) * * *
    (14) Fish with, use, or have available for immediate use within the 
area described in Sec. 651.20(a)(1) nets of mesh whose size is smaller 
than the minimum mesh size specified in Sec. 651.20(a)(2), except as 
provided in Sec. 651.20 (a)(3) through (a)(6), (a)(8), (e), (f), and 
(j), or unless the vessel qualifies for the exception specified in 
paragraph (e)(1)(ii) of this section.
     (15) Fail to comply with the requirements as specified in 
Sec. 651.20(a)(8).
* * * * *
    3. In Sec. 651.20, paragraphs (a)(2), (a)(6)(i), (d)(3)(i), (e), 
(f), and (j)(8) are revised, and paragraph (a)(8) is added to read as 
follows:


Sec. 651.20  Regulated mesh areas and restrictions on gear and methods 
of fishing.

* * * * *
    (a) * * *
    (2) Mesh-size restrictions. Except as provided in paragraphs (a)(3) 
through (6), (a)(8), (e), (f), and (j) of this section, the minimum 
mesh size for any trawl net, sink gillnet, Scottish seine, or midwater 
trawl, on a vessel, or used by a vessel fishing in the GOM/GB regulated 
mesh area, shall be 6 inches (15.24 cm) diamond or square mesh 
throughout the entire net. This restriction does not apply to nets or 
pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq. ft 
(0.84 m\2\)), or to vessels that have not been issued a Federal 
multispecies permit and that are fishing exclusively in state waters.
* * * * *
    (6) Transiting. (i) Vessels fishing under the Small Mesh Exemption 
program and the small mesh subareas, Small Mesh Area 1/Small Mesh Area 
2, specified in paragraphs (a)(3) and (a)(8) of this section may 
transit through the SB/JL juvenile protection area defined in paragraph 
(a)(5) of this section with nets on board that do not conform to the 
requirements specified in paragraph (a)(2) or (a)(5) of this section, 
provided that the nets are stowed in accordance with the provisions of 
paragraph (c)(4) of this section;
* * * * *
    (8) Small Mesh Area 1/Small Mesh Area 2. Fisheries using nets of 
mesh smaller than the minimum size specified in paragraph (a)(2) of 
this section in subareas described as Small Mesh Area 1 and Small Mesh 
Area 2 of the Small Mesh Exemption Area as specified under paragraph 
(a)(3) of this section, and defined in this paragraph (a)(8), have been 
found to meet the exemption qualification requirements specified in 
paragraph (a)(7) of this section. Therefore, vessels subject to the 
mesh restrictions specified in paragraph (a)(2) of this section may 
fish with or possess nets of mesh smaller than the minimum size 
specified in paragraph (a)(2) of this section in these areas, if the 
vessel complies with the restrictions specified in paragraphs (a)(8)(i) 
through (iii) of this section. These subareas are defined by straight 
lines connecting the following points in the order stated (see Figure 5 
to part 651):

                                                Small Mesh Area 1                                               
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                   Point                         Latitude            Longitude      Approximate Loran C bearings
----------------------------------------------------------------------------------------------------------------
SM1.......................................  43 deg.03' N.       70 deg.27' W.       13600  25910                
SM2.......................................  42 deg.57' N.       70 deg.22' W.       13600  25840                
SM3.......................................  42 deg.47' N.       70 deg.32' W.       13720  25840                
SM4.......................................  42 deg.45' N.       70 deg.29' W.       13710  25810                
SM5.......................................  42 deg.43' N.       70 deg.32' W.       3-mile line  25810          
SM6.......................................  42 deg.44' N.       70 deg.39' W.       13780  3-mile line          
SM7.......................................  42 deg.49' N.       70 deg.43' W.       13780  25910                
SM8.......................................  42 deg.50' N.       70 deg.41' W.       13760  25910                
SM9.......................................  42 deg.53' N.       70 deg.43' W.       13760  25935                
SM10......................................  42 deg.55' N.       70 deg.40' W.       25935  3-mile line          
SM11......................................  42 deg.59' N.       70 deg.32' W.       3-mile line  25910          
SM1.......................................  43 deg.03' N.       70 deg.27' W.       13600  25910                
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                                                Small Mesh Area 2                                               
----------------------------------------------------------------------------------------------------------------
                   Point                         Latitude            Longitude      Approximate Loran C bearings
----------------------------------------------------------------------------------------------------------------
SM13......................................  43 deg.20.3' N.     69 deg.59.4' W.     13320  44480                
SM14......................................  43 deg.25.9' N.     69 deg.45.6' W.     13200  44480                
SM15......................................  42 deg.49.5' N.     69 deg.40' W.       13387.5  44298              
SM16......................................  42 deg.41.5' N.     69 deg.40' W.       13430  44260                
[[Page 26843]]
                                                                                                                
SM17......................................  42 deg.34.9' N.     70 deg.00' W.       13587  44260                
SM13......................................  43 deg.20.3' N.     69 deg.59.4' W.     13320  44480                
----------------------------------------------------------------------------------------------------------------

  (i) The fishing season is from July 15 through November 15 when 
fishing under the exemption in
    (ii) The fishing season is from January 1 through June 30 when 
fishing under the exemption in
    (iii) Possession limit exemptions--(A) Exempted species. Vessels 
may not fish for, possess on board, or land any species of fish other 
than: Butterfish, dogfish, herring, mackerel, ocean pout, scup, squid, 
silver hake (whiting) and red hake, except as provided under paragraph 
(a)(8)(iii)(B) of this section.
    (B) Allowable bycatch. Vessels fishing for the exempted species 
identified in paragraph (a)(8)(iii)(A) of this section may also possess 
and retain the following species, with the restrictions noted, as 
allowable bycatch species: Longhorn sculpin (Myoxocephalus 
octodecimspinosus); monkfish and monkfish parts up to 10 percent by 
weight of all other species on board; and American lobster up to 10 
percent by weight of all other species on board or two hundred 
lobsters, whichever is less.
* * * * *
    (d) * * *
    (3) Exemptions--(i) Species exempt. Butterfish, dogfish, herring, 
mackerel, ocean pout, scup, shrimp, squid, summer flounder, silver hake 
(whiting), weakfish, and scallops fished for in, or harvested from, the 
Mid-Atlantic regulated mesh area have been found to meet the exemption 
qualification requirements specified in paragraph (d)(4) of this 
section. Therefore, vessels subject to the mesh restrictions specified 
in paragraph (d)(2) of this section may fish for, harvest, possess or 
land any of the above mentioned species with nets of mesh smaller than 
the minimum size specified in paragraph (d)(2) of this section in the 
Mid-Atlantic regulated mesh area, provided such vessels comply with the 
requirements specified in paragraph (d)(3)(ii) of this section.
* * * * *
    (e) Midwater trawl gear exemption. Fishing may take place 
throughout the fishing year with midwater trawl gear of mesh size less 
than the regulated size, provided that:
    (1) Midwater trawl gear is used exclusively;
    (2) When fishing under this exemption in the GOM/GB and SB/JL 
areas, vessels must have on board an authorizing letter issued by the 
Regional Director;
    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or squid in areas south of 
42 deg.20' N. lat., and Atlantic herring, blueback herring, or mackerel 
in areas north of 42 deg.20' N. lat;
    (4) The vessel does not fish for, possess, or land multispecies 
finfish.
    (f) Purse seine gear exemption. Fishing may take place throughout 
the fishing year with purse seine gear of mesh size less than the 
regulated size, provided that:
    (1) Purse seine gear is used exclusively;
    (2) When fishing under this exemption in the GOM/GB and SB/JL 
areas, vessels must have on board an authorizing letter issued by the 
Regional Director;
    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or menhaden;
    (4) The vessel does not fish for, possess, or land multispecies 
finfish.
* * * * *
    (j) * * *
    (8) The vessel does not fish for, possess, or land any species of 
fish other than winter flounder and the exempted small mesh species 
specified under paragraphs (a)(3)(i), (a)(8)(iii), (c)(3), and (d)(3) 
of this section when fishing in the areas specified under paragraphs 
(a)(3), (a)(8), (c)(1), and (d)(1) of this section, respectively. 
Vessels fishing under this exemption in New York and Connecticut state 
waters may also possess and retain skate as incidental take in this 
fishery; and
* * * * *
    4. Figure 5 to part 651 is added to part 651 to read as follows:

BILLING CODE 3510-22-W

[[Page 26844]]

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[FR Doc. 95-12320 Filed 5-15-95; 4:42 pm]
BILLING CODE 3510-22-C