Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Rules and Regulations 26841

Vessel clearances can only be

obtained between 0600 hours and 1800

hours, local time. No halibut may be on

board the vessel at the time of obtaining

the clearance required prior to fishing in

Area 4.

The clearance form for all vessel

clearances obtained in person must be

signed by the vessel operator. The

clearance form for all vessel clearances

obtained by VHF radio must be signed

by the issuing officer.

Dated: May 15, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–12387 Filed 5–18–95; 8:45 am]

BILLING CODE 3510–22–F

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.

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 § 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

§ 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

§ 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

§ 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.
26842 Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Rules and Regulations

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 § 651.9, paragraphs (e)(14) and

(e)(15) are revised to read as follows:

§ 651.9 Prohibitions.

* * * * *

(e) * * *

(14) Fish with, use, or have available

for immediate use within the area

described in § 651.20(a)(1) nets of mesh

whose size is smaller than the minimum

mesh size specified in § 651.20(a)(2),

except as provided in § 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

§ 651.20(a)(8).

* * * * *

3. In § 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:

§ 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 m2)), 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

Point Latitude Longitude Approximate Loran C

bearings

SM1 ............................................................................................................................ 43°03′ N. 70°27′ W. 13600 25910

SM2 ............................................................................................................................ 42°57′ N. 70°22′ W. 13600 25840

SM3 ............................................................................................................................ 42°47′ N. 70°32′ W. 13720 25840

SM4 ............................................................................................................................ 42°45′ N. 70°29′ W. 13710 25810

SM5 ............................................................................................................................ 42°43′ N. 70°32′ W. 3-mile line 25810

SM6 ............................................................................................................................ 42°44′ N. 70°39′ W. 13780 3-mile line

SM7 ............................................................................................................................ 42°49′ N. 70°43′ W. 13780 25910

SM8 ............................................................................................................................ 42°50′ N. 70°41′ W. 13760 25910

SM9 ............................................................................................................................ 42°53′ N. 70°43′ W. 13760 25935

SM10 .......................................................................................................................... 42°55′ N. 70°40′ W. 25935 3-mile line

SM11 .......................................................................................................................... 42°59′ N. 70°32′ W. 3-mile line 25910

SM1 ............................................................................................................................ 43°03′ N. 70°27′ W. 13600 25910

SMALL MESH AREA 2

Point Latitude Longitude Approximate Loran C

bearings

SM13 .......................................................................................................................... 43°20.3′ N. 69°59.4′ W. 13320 44480

SM14 .......................................................................................................................... 43°25.9′ N. 69°45.6′ W. 13200 44480

SM15 .......................................................................................................................... 42°49.5′ N. 69°40′ W. 13387.5 44298

SM16 .......................................................................................................................... 42°41.5′ N. 69°40′ W. 13430 44260
Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Rules and Regulations 26843

SMALL MESH AREA 2—Continued

Point Latitude Longitude Approximate Loran C

bearings

SM17 .......................................................................................................................... 42°34.9′ N. 70°00′ W. 13587 44260

SM13 .......................................................................................................................... 43°20.3′ N. 69°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°20′ N. lat., and

Atlantic herring, blueback herring, or

mackerel in areas north of 42°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
26844 Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Rules and Regulations

[FR Doc. 95–12320 Filed 5–15–95; 4:42 pm]

BILLING CODE 3510–22–C