65618 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules

for all laboratory analyses. Work Plans

were developed as necessary by

contractors which specified appropriate

QA/QC measures for all cleanup

activities. EPA reviewed and approved

the QA/QC plans which, in general,

were based on the protocols in the U.S.

EPA, Region IV.

Consistent with EPA guidance, a five

year review of this project is necessary

to ensure continued protection of

human health and the environment. The

statutory review will be conducted

according to the Office of Solid Waste

and Emergency Response Directive

9355.7–02, ‘‘Structure and Components

of the Five year Reviews’’.

The five-year period begins with the

date of RA contract award which, for

this project, is September 8, 1992.

Therefore, the review should be

completed prior to September 8, 1997.

In conclusion, EPA, with the

concurrence of the State, has

determined that all appropriate

remedial actions at the Lewisburg Dump

site under CERCLA have been

completed. The site no longer poses a

threat to human health or the

environment. Therefore, EPA proposes

to delete the site from the NPL and

requests public comments on the

proposal.

Dated: November 27, 1995.

Patrick M. Tobin,

Acting Regional Administrator, USEPA,

Region IV.

[FR Doc. 95–30798 Filed 12–19–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–179; RM–8728]

Radio Broadcasting Services;

Cassville and Kimberling City, MO

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by Kevin

M. and Patricia W. Wodlinger,

proposing the substitution of Channel

261C2 for Channel 261A at Cassville,

Missouri, reallotment of Channel 261C2

to Kimberling City, Missouri, and

modification of the license for Station

KRLK accordingly. The coordinates for

Channel 261C2 at Kimberling City are

36–30–00 and 93–23–00. We shall

propose to modify the license for

Station KRLK in accordance with

Sections 1.420(g) and (i) of the

Commission’s Rules and will not accept

competing expressions of interest for the

use of the channel or require petitioner

to demonstrate the availaility of an

additional equivalent class channel for

use by such parties.

DATES: Comments must be filed on or

before February 5, 1996, and reply

comments on or before February 20,

1996.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner’s counsel, as follows: William

J. Pennington, III, Post Office Box 1447,

Mount Pleasant, South Carolina 29465.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–179, adopted December 6, 1995, and

released December 15, 1995. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

Commission’s Reference Center (Room

239), 1919 M Street, NW., Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Services,

Inc., 2100 M Street, NW., Suite 140,

Washington, DC 20037, (202) 857–3800.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contact.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–30896 Filed 12–19–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 611 and 655

[Docket No. 951208293–5293–01; I.D.

110995B]

RIN 0648–AF01

Atlantic Mackerel, Squid, and

Butterfish Fisheries; Amendment 5

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule to implement the measures

contained in Amendment 5 to the

Fishery Management Plan for the

Atlantic Mackerel, Squid, and Butterfish

Fisheries (FMP). Amendment 5 is

intended to further the Americanization

of the fisheries and to implement

measures to prevent overfishing and

avoid overcapitalization of the domestic

fleet.

DATES: Comments on the proposed rule

must be received on or before January

29, 1996.

ADDRESSES: Comments on the proposed

rule should be sent to: Dr. Andrew A.

Rosenberg, Regional Director, National

Marine Fisheries Service, Northeast

Regional Office, One Blackburn Drive,

Gloucester, MA 01930–2298. Mark the

outside of the envelope, ‘‘Comments on

Amendment 5 Atlantic Mackerel, Squid,

and Butterfish.’’

Comments regarding the burden-hour

estimates or any other aspect of the

collection-of-information requirements

contained in this proposed rule should

be sent to the Northeast Regional

Director at the address above and the

Office of Management and Budget

(OMB) (Attention: NOAA Desk Officer),

Washington, D.C. 20503.

Copies of the Amendment, final

environmental impact statement,

regulatory impact review, and other

supporting documents are available

upon request from David R. Keifer,

Executive Director, Mid-Atlantic

Fishery Management Council, Room

2115, Federal Building, 300 South New

Street, Dover, DE 19901–6790.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

508–281–9104.
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules 65619

SUPPLEMENTARY INFORMATION:

Background

Amendment 5 was developed in

response to concerns regarding

overcapitalization expressed by industry

representatives at several meetings of

the Mid-Atlantic Fishery Management

Council (Council) and its Squid,

Mackerel, and Butterfish (SMB)

Committee in the early 1990’s. Increases

in domestic squid landings and a

stagnation in the growth of butterfish

landings at well below the maximum

sustainable yield (MSY) for that species

moved the Council to develop this

comprehensive amendment.

At its July, 1992, meeting, the Council

voted to publish a notice of control date

for the Atlantic mackerel, squid, and

butterfish fisheries. The control date

established was August 13, 1992 (57 FR

36384, August 13, 1992). This notice

informed the public that the Council

was considering a moratorium on vessel

permits issued for these fisheries. At its

July, 1994, meeting, the Council

reconsidered the need for a control date

for the Atlantic mackerel fishery. The

data the Council reviewed indicated the

catch and fishing effort had decreased in

1993 and 1994, while stock biomass

remained high. In response, the Council

rescinded the control date for the

Atlantic mackerel fishery (59 FR 49235,

September 27, 1994). Initial public

scoping meetings to discuss possible

management measures for SMB took

place in January, 1993, at which time

the vessel moratorium, mesh

restrictions, and area and seasonal

closures were identified as measures for

consideration. A public hearing draft of

Amendment 5 was adopted by the

Council at its June, 1994, meeting and

presented at public hearings in

December, 1994. As a result of issues

raised at the hearings, the Council voted

in February, 1995, to issue a supplement

to Amendment 5 that contained

revisions to the Loligo minimum mesh

net requirement and the qualifying

criteria for the vessel moratoria. Public

hearings were conducted in April, 1995,

to present the revised Amendment. The

Council adopted Amendment 5 on May

25, 1995, for submission to NMFS for

Secretarial review.

Status of the Stocks

In 1993, the 17th Northeast Regional

Stock Assessment Workshop (17th

SAW) was convened to examine the

status of several species, including Illex

and Loligo squid and butterfish.

Results of SAW 17, as indicated in the

March, 1994, plenary report, estimated

MSY for Loligo squid to be 36,000

metric tons (mt) based on the finding

that the Loligo has a life span of one

year rather than three, as previously

believed. The present MSY for Loligo

squid is specified in the FMP as 44,000

mt, based on the assumption that Loligo

squid has a 3-year life span. The 17th

SAW advised that Loligo is considered

to be fully utilized when based on the

revised MSY of 36,000 mt.

The present MSY for Illex is specified

in the FMP as 30,000 mt and is based

on the disproven assumption that the

life span of these animals is 2 years.

Though the 17th SAW determined that

Illex also has a life span of 1 year, it did

not recommend revising the MSY.

Instead, the 17th SAW recommended

that, since Illex is a transboundary stock

between the United States and Canada,

a joint assessment should be conducted

before a revised MSY could be

recommended. However, the 17th SAW

advised that the current MSY for Illex

may be inappropriate and cautioned

that, while the stock is under-exploited

based on current MSY, the potential for

recruitment overfishing may be

substantial.

The exploitation rate for butterfish is

unknown. However, the stock is at a

low-to-medium biomass level and

current catch levels are well below the

MSY of 16,000 mt. The adult

component of the stock has declined

since 1990 and is currently well below

average. It is estimated that 50 percent

of the harvest of butterfish over the past

several years has been discarded due to

both the relatively small size of the fish

and the lack of markets. The largest

butterfish landings in recent years have

been made as bycatch in the Loligo

squid fishery.

At the time the Council was

developing and adopting Amendment 5,

the most recent stock assessment for

Atlantic mackerel was that done in

1991, when the 12th SAW assessed the

stock as underexploited with a high

biomass. That assessment indicated

that, following a period of poor year

classes from 1976 through 1980, there

were several years with relatively good

recruitment, yielding especially strong

year classes in 1982, 1987, and 1988.

These cohorts contributed to a marked

increase in stock biomass. Estimated

spawning stock biomass was 3,010,000

mt in 1991 with an exploitation rate of

2 percent.

The recently concluded 20th SAW

determined that, based on the 1994

stock assessment, the Atlantic mackerel

stock continues to be under-exploited

and at a high biomass level. The

exploitation rate of two percent has not

changed. The 20th SAW further

concluded that the long-term potential

catch (LTPC) projected for the Canadian

and U.S. Atlantic mackerel combined

was approximately 150,000 mt. This

represents an increase of 16,000 mt from

the previous LTPC value of 134,000 mt.

The LTPC is the estimate of allowable

annual catch levels that would sustain

the fishery for several years.

Management Measures

NMFS is requesting comment on all

measures contained in Amendment 5.

However, NMFS has serious concerns

about the proposed criteria for entry

into the fisheries for the squids and

butterfish, the exemption proposed for

the sea herring fishery, the Council’s

proposal to constrain ABC by the LTPC

value, and the use of the 50-fathom

curve as a boundary for the exemption

from the minimum mesh size for Loligo

during prosecution of the summer Illex

fishery. Because of NMFS’ concerns

regarding the enforceability of the 50-

fathom curve as a boundary, NMFS

proposes a set of latitude-longitude

coordinates to achieve the Council’s

intent in an enforceable manner. While

comment is sought on all measures

contained in the proposed rule, NMFS

asks the public to focus on these

measures in particular, to assist in

conducting a thorough and deliberative

review of the amendment before final

approval or disapproval by the Secretary

of Commerce (Secretary).

In addition, NMFS notes that the

provision contained in Amendment 5

that would require the Secretary to

publish a control date for the Atlantic

mackerel fishery when commercial

landings reach 50 percent of allowable

biological catch (ABC) is not included

in this proposed rule. NMFS does not

consider this provision to be a

management measure to be

implemented by a fishery management

plan. Rather, it is viewed as a statement

of Council intent; NMFS expects that

the Council will recommend the

publication of a notice of control date

when it deems this action necessary.

The permit and reporting

requirements and revision to the annual

specification process, if approved, will

be implemented for the 1997 fishing

year. Other provisions may be effective

prior to that time.

Elimination of the Potential for Joint

Ventures and Directed Foreign Fishing

for the Squids and Butterfish

The Council proposes to eliminate

foreign participation in these fisheries.

Joint ventures and total allowable levels

of foreign fishing (TALFF) have not

been allocated for squid or butterfish

since the mid-1980’s. The Council

concluded that the domestic fleet has

the capacity to harvest the OY from
65620 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules

these fisheries. However, joint venture

and TALFF allocations for Atlantic

mackerel may continue. If there is

TALFF specified for Atlantic mackerel,

there will be butterfish bycatch TALFF

allocated that is equal to 0.08 percent of

the mackerel TALFF, in order to reduce

waste of bycatch in that fishery. The

definitions of ‘‘other allocated species’’

and ‘‘prohibited species’’ at 50 CFR

611.50(b) are modified accordingly, to

make squids ‘‘prohibited species.’’

MSY for Loligo Squid

The Council would revise the MSY

for Loligo squid to 36,000 mt from

44,000 mt. The revision is based on the

finding that the squid has a one-year life

span. The stock is considered to be

fully-exploited.

Spawning Stock Biomass (SSB) and

LTPC for Atlantic Mackerel

The FMP currently specifies ABC for

Atlantic mackerel as that U.S. catch that

would yield an SSB of 600,000 mt. The

Council would revise this threshold

upward to 900,000 mt to promote

recruitment. A time series based on the

1991 assessment found that the median

year class size for years 1962–93,

inclusive, was 1.277 billion fish. When

the SSB was less than 900,000 mt, only

35 percent of the ensuing year classes

were observed to be above the median.

Conversely, 82 percent of the year

classes were above the median

recruitment level when SSB exceeded

900,000 mt.

The Council would also constrain

ABC with a derived LTPC. The current

LTPC specified annually by the Council

would be 150,000 mt minus the

projected annual Canadian catch.

Therefore, at present, if this measure

were approved, ABC could be no larger

than 150,000 mt and is likely to be less.

The Council believes that management

of Atlantic mackerel should be based on

long-term yield projections. However,

NMFS is concerned about the fact that

Atlantic mackerel stock abundance is

very high currently, and that limiting

ABC by LTPC may be overly

constraining in the short term. The 20th

SAW states that at current stock

abundance amounts, Atlantic mackerel

landings of 200,000 mt could be

sustained for several years because of

foregone yield in the fishery recently.

Seasonal Quota for Loligo Squid

This management measure would give

the Regional Director authority to

establish annual seasonal quotas for

Loligo based on the recommendations of

the Atlantic Mackerel, Squid, and

Butterfish Monitoring Committee

(Monitoring Committee) and the

Council. Such quotas are intended to

ensure sufficient escapement of Loligo

squid from the offshore winter fishery to

allow for catches in traditional inshore

fisheries.

Moratorium on Vessel Permits for

Butterfish and Squids

The Council would establish a

moratorium on new vessel permits for

the directed fisheries for butterfish and

the squids. The Council would also

establish a vessel permit category open

to all vessels, which would allow a

vessel to retain up to 2,500 lb (1.13 mt)

of each species per trip. This incidental

catch level could be adjusted annually.

Moratorium permits would be issued

for Loligo squid and butterfish jointly

and Illex squid separately. In the

November, 1994, public hearing draft,

the time horizon that served as a basis

for qualifying for the moratoria permits

was August 13, 1988, to August 13,

1993. Landings requirements proposed

at that time were 5,000 lb (2.27 mt) in

one week for Loligo squid or butterfish

and five separate trips of at least 5,000

lb (2.27 mt) each for Illex. Furthermore,

it was proposed that vessels would

qualify for the Illex permit if owners had

purchased refrigerated sea water

equipment or an on-board freezer by

May 31, 1994, and had landed five trips

of at least 5,000 lb (2.27 mt) prior to the

promulgation of the final regulations

implementing Amendment 5. Under

both moratoria, vessel replacement

would be allowed if a qualifying vessel

leaves the fishery involuntarily; for

example, if it sinks.

Comments during the public hearings

held in December, 1994, indicated that

the industry believed the qualification

period for the Illex squid permit should

be extended back to August 13, 1981.

This revision would allow the catch

history of vessels that participated in

the foreign joint venture fishery prior to

1988 to qualify them for a moratorium

permit. At the February 23, 1995, SMB

Committee meeting, industry

representatives argued that it would not

be fair to limit the extension of the

qualification period to the Illex fishery

only, convincing the Committee to

recommend that the Council extend the

qualification period back to 1981, for

both the Illex and Loligo/butterfish

moratoria permits. Furthermore, the

SMB Committee believed that the

Loligo/butterfish landing criterion was

not in line with active participation in

these fisheries. It recommended

requiring 20,000 lb (9.07 mt) to have

been landed in any 30-consecutive-day

period during the qualification period.

The Council accepted the SMB

Committee’s recommendations at its

March, 1995, meeting. However, since

these changes to the Public Hearing

Draft regarding qualifying conditions

were viewed as substantive, a

Supplemental Public Hearing Draft was

developed and presented at public

hearings in April, 1995. After taking

into account public comment, the

Council adopted the revised qualifying

criteria in May, 1995.

Party or Charter Boat Permit

The owner of a party or charter boat

(vessel for hire) would be required to

obtain an SMB party or charterboat

permit. A party or charter vessel

obtaining this permit could also have a

commercial permit for Atlantic

mackerel or a commercial moratorium

permit for Illex squid and/or Loligo/

butterfish if the vessel meets the

qualifying criteria. However, such a

vessel would be prohibited from fishing

commercially when carrying passengers

for a fee.

Atlantic Mackerel Permit

Although a moratorium would not

exist on entry into the Atlantic mackerel

fishery, an Atlantic mackerel permit

would be required to harvest and sell

Atlantic mackerel. Vessels receiving

permits for the Atlantic mackerel fishery

would be required to comply with the

requirements implemented under the

FMP, including recordkeeping and

reporting.

Operator Permit

An operator of a vessel with a permit

issued under this FMP would be

required to have an operator permit

issued by the Northeast Region, NMFS.

The operator permits issued to operators

in the fisheries for Northeast

multispecies, American lobster, and

Atlantic sea scallops would satisfy this

requirement. The operator would be

held accountable for violations of the

fishing regulations and would be subject

to a permit sanction. During the permit

sanction period, the operator could not

work in any capacity aboard a federally

permitted fishing vessel.

Transfers at Sea

Only vessels issued a moratorium

permit would be allowed to transfer

Loligo squid, Illex squid, or butterfish at

sea. This provision is intended to

enhance enforcement of the incidental

catch allowance for vessels without

moratorium permits, which is currently

specified as 2,500 lb (1.13 mt) of Illex,

Loligo, or butterfish per trip.

Reporting and Recordkeeping

The Council intends to institute

recordkeeping and reporting
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules 65621

requirements in the FMP that are

identical to those required by the

Summer Flounder, Northeast

Multispecies, and Atlantic Sea Scallop

Fishery Management Plans.

Commercial logbooks would be

submitted on a monthly basis by vessel

owners in order to monitor the fishery.

Real-time assessment and management

of the Loligo and Illex resources may be

necessary due to the risk of overfishing

stocks comprised of only a single

cohort. The Council proposes that the

Regional Director specify, during the

first year of implementation, the data

elements and reporting mechanism

required to establish a real-time

assessment and management program

for the annual squid species. The

Council would investigate the feasibility

of such a management system in year 2

of the management program. Operators

of party and charter boats with Federal

permits would also be required to

provide catch information on logbooks

submitted monthly.

Dealers with permits issued pursuant

to the FMP would submit weekly

reports showing species purchased in

pounds, and the name and permit

number of the vessels from which the

aforementioned species were purchased.

Buyers that do not purchase directly

from vessels would not be required to

submit reports under this provision.

Minimum Mesh Size Requirement for

Loligo Squid

The minimum mesh size requirement

for the Loligo squid fishery and

exemptions from that requirement

would be established on a framework

basis. These provisions could be

changed by the Regional Director based

upon the recommendation of the

Council. This amendment proposes that

initially, otter trawl vessels possessing

one pound (0.45 kg) or more of Loligo

squid be required to fish with nets

having a minimum mesh size of 1–7/8

inch (48-mm) diamond mesh, inside

stretch measure, applied throughout the

net including the body and codend. A

liner would be allowed to close the

opening created by the rings in the

rearmost portion of the codend,

provided that it does not extend more

than ten meshes forward from the

rearmost portion of the codend. Net

strengtheners, ropes, lines, or chafing

gear on the outer portion of the trawl net

would be required to have a mesh

opening of at least 4.5 inches (115 mm),

inside stretch measure. This provision

would be implemented as a fishery

measure that could be adjusted annually

by the Regional Director, based upon a

recommendation by the Council.

There are two proposed exemptions

from the minimum mesh size

requirement for Loligo. The first would

exempt vessels fishing for Illex during

the months of June, July, August, and

September seaward of the 50-fathom

curve. The second would exempt

vessels participating in the directed

fishery for sea herring, provided that 75

percent or more of their catch, by

weight, is comprised of sea herring.

NMFS Office of Enforcement and the

Coast Guard have expressed concern

about the enforceability of an exemption

area defined by a fathom curve, so

NMFS proposes a set of latitudelongitude coordinates intended to

follow closely the 50-fathom curve and

achieve the Council’s intent in an

enforceable manner. These law

enforcement agencies are also

concerned with the feasibility of the

proposed sea herring exemption because

of the difficulties in ascertaining relative

percentages of the catch. After receiving

public comment on these exemptions,

NMFS will determine how best to

administer these provisions, should

they be approved.

Classification

Section 304(a)(1)(D)(ii) of the

Magnuson Act, as amended, requires

NMFS to publish regulations proposed

by a Council within 15 days of receipt

of the amendment and proposed

regulations. At this time, NMFS has not

determined that the amendment these

rules would implement is consistent

with the national standards, other

provisions of the Magnuson Act, and

other applicable law. NMFS, in making

that determination, will take into

account the information, views, and

comments received during the comment

period.

The General Counsel of the

Department of Commerce certified to

the Chief Counsel for Advocacy, Small

Business Administration, that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities.

The provisions that would be

implemented by Amendment 5 would

prevent overcapitalization of these

fisheries relative to abundance and

availability of the stocks of Loligo, Illex,

and butterfish. Amendment 5, as

indicated in the initial regulatory

flexibility analysis prepared by the

Council, would essentially maintain the

status quo, in terms of revenues for

participants in the fishery, since the

proposed limited entry measures would

include historical participants in the

fisheries. Proposed measures would not

substantially affect more than 20

percent of the present participants in

these fisheries and would not directly

increase or decrease utilization or

production of the affected species

resulting in a change in expected

revenues of greater than 5 percent.

This proposed rule contains

collection-of-information requirements

subject to the Paperwork Reduction Act

(PRA). Mandatory dealer reporting and

annual employment data reporting have

been approved by OMB under control

numbers 0648–0229 and 0648–0018,

respectively. Dealer reporting responses

are estimated to take 2 minutes and

employment data responses 6 minutes.

The proposed rule also contains new

requirements that have been submitted

to OMB for approval. These

requirements and their estimated

response times are: vessel permits and

vessel permit appeals at 30 minutes per

response, operator permits at one hour

per response, dealer permits at 5

minutes per response, and an observer

notification requirement at 2 minutes

per response.

The response estimates shown

include the time for reviewing

instructions, searching exiting 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

or OMB at the ADDRESSES above.

Notwithstanding any other provision of

the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with a collection of information, subject

to the requirements of the PRA, unless

that collection of information displays a

currently valid OMB Control Number.

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

List of Subjects

50 CFR Part 611

Fisheries, Foreign relations, Reporting

and recordkeeping requirements.

50 CFR Part 655

Fisheries, Reporting and

recordkeeping requirements.

Dated: December 14, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR parts 611 and 655 are

proposed to be amended as follows:

PART 611—FOREIGN FISHING

1. The authority citation for part 611

continues to read as follows:
65622 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules

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

971 et seq., 22 U.S.C. 1971 et seq., and 16

U.S.C. 1361 et seq.

2. In § 611.50, paragraphs (b)(3) and

(b)(4)(i) and (b)(4)(ii) are revised to read

as follows:

§ 611.50 Northwest Atlantic Ocean fishery.

* * * * *

(b) * * *

(3) TALFF. The TALFFs for the

Northwest Atlantic Ocean fishery are

published in the Federal Register.

Current TALFFs are also available from

the Regional Director. The procedures

for determining and adjusting the

Atlantic mackerel TALFF is set forth in

50 CFR part 655.

(4) * * *

(i) The other allocated species,

namely: Atlantic herring, Atlantic

mackerel, butterfish (as a bycatch of

Atlantic mackerel), and river herring

(including alewife, blueback herring,

and hickory shad); and

(ii) The prohibited species, namely:

American plaice, American shad,

Atlantic cod, Atlantic menhaden,

Atlantic redfish, Atlantic salmon, all

marlin, all spearfish, sailfish, swordfish,

black sea bass, bluefish, croaker,

haddock, ocean pout, pollock, red hake,

scup, sea turtles, sharks (except

dogfish), silver hake, spot, striped bass,

summer flounder, tilefish, yellowtail

flounder, weakfish, white hake, shortfinned squid, long-finned squid,

windowpane flounder, winter flounder,

witch flounder, Continental Shelf

fishery resources, and other

invertebrates (except non-allocated

squids).

* * * * *

3. Part 655 is revised to read as

follows:

PART 655—ATLANTIC MACKEREL,

SQUID, AND BUTTERFISH FISHERIES

Subpart A—General Provisions

Sec.

655.1 Purpose and scope.

655.2 Definitions.

655.3 Relation to other laws.

655.4 Vessel permits.

655.5 Operator permit.

655.6 Dealer permit.

655.7 Recordkeeping and reporting

requirements.

655.8 Vessel identification.

655.9 Prohibitions.

655.10 Facilitation of enforcement.

655.11 Penalties.

Subpart B—Management Measures

655.20 Fishing year.

655.21 Maximum optimum yields.

655.22 Procedures for determining initial

amounts.

655.23 Closure of the fishery.

655.24 Time and area restrictions for

directed foreign fishing.

655.25 Gear restrictions.

655.26 Minimum fish sizes. [Reserved]

655.27 Possession limits. [Reserved]

655.28 At-sea observer coverage.

655.29 Transfer-at-sea.

655.30 Experimental fishery.

Figure 1 to Part 655—Exemption line to

minimum net mesh-size requirement for

Loiigo squid.

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

Subpart A—General Provisions

§ 655.1 Purpose and scope.

(a) The regulations in this part govern

the conservation and management of

Atlantic mackerel, Illex squid, Loligo

squid, and butterfish.

(b) The regulations governing fishing

for Atlantic mackerel, Illex squid, Loligo

squid, and butterfish by vessels other

than vessels of the United States are

contained in 50 CFR part 611.

(c) This part implements the Fishery

Management Plan for the Atlantic

Mackerel, Squid, and Butterfish

Fisheries of the Northwest Atlantic

Ocean.

§ 655.2 Definitions.

In addition to the definitions in the

Magnuson Act and in § 620.2 of this

chapter, the terms used in this part have

the following meanings:

Atlantic butterfish or butterfish means

the species Peprilus triacanthus.

Atlantic mackerel or mackerel means

the species Scomber scombrus.

Atlantic Mackerel, Squid, and

Butterfish Monitoring Committee or

Monitoring Committee means a

committee made up of staff

representatives of the Mid-Atlantic and

New England Fishery Management

Councils, and the Northeast Regional

Office and Northeast Fisheries Science

Center of NMFS. The Council Executive

Director or a designee chairs the

Committee.

Being rerigged means physical

alteration of the vessel or its gear had

begun to transform the vessel into one

capable of fishing commercially for

squid or butterfish.

Blast freezer means a freezing system

in which fish are frozen by being

exposed to cold air being blown over

them. The freezer must be designed for

use on a fishing vessel rather than

designed for residential or similar use.

Charter or party boat means any

vessel that carries passengers for hire to

engage in fishing.

Council means the Mid-Atlantic

Fishery Management Council.

Dealer means any person who

receives squid, mackerel, or butterfish

for a commercial purpose, other than

solely for transport on land, from the

owner or operator of a vessel issued a

permit under § 655.4.

Fishery Management Plan (FMP)

means the Fishery Management Plan for

the Atlantic mackerel, squid, and

butterfish fisheries of the Northwest

Atlantic Ocean, as revised by

subsequent amendments.

Fishing for commercial purposes

means any fishing or fishing activity

that results in the harvest of Atlantic

mackerel, squid, or butterfish, one or

more of which (or parts thereof) is sold,

traded, or bartered.

Fishing trip or trip means a period of

time during which fishing is conducted,

beginning when the vessel leaves port

and ending when the vessel returns to

port.

Gross registered tonnage (GRT) means

the gross tonnage specified on the U.S.

Coast Guard documentation.

Illex means the species Illex

illecebrosus (short-finned or summer

squid).

Joint venture harvest means U.S.-

harvested Atlantic mackerel transferred

to foreign vessels in the EEZ.

Land means to begin offloading fish or

to offload fish at sea or on land, or to

enter port with fish.

Liner means a piece of mesh rigged

inside the main or outer net.

Loligo means the species Loligo pealei

(long-finned or bone squid).

Metric ton (mt) means 1,000 kg or

2,204.6 lb.

Operator means the master, captain,

or other individual on board a fishing

vessel and in charge of that vessel’s

operations.

Personal use means not for sale,

barter, or trade.

Plate freezer means a freezing system

in which fish are frozen by contact with

refrigerated plates. The freezer must be

designed for use on a fishing vessel

rather than designed for residential or

similar use.

Postmark means independently

verifiable evidence of date of mailing,

such as U.S. Postal Service postmark,

United Parcel Service (U.P.S.) or other

private carrier postmark, certified mail

receipt, overnight mail receipt, or

receipt received upon hand delivery to

an authorized representative of NMFS.

Recirculating sea water equipment

means a refrigerated sea-water system in

which the seawater cooled by

mechanical refrigeration is circulated

through tanks that contain fish.

Recreational fishing means fishing

that is not intended to, nor does result

in, the barter, trade, or sale of fish.

Recreational fishing vessel means any

vessel from which no fishing other than

recreational fishing is conducted.

Charter and party boats are not

considered recreational fishing vessels.

Regional Director means the Regional

Director, Northeast Region, National
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules 65623

Marine Fisheries Service, 1 Blackburn

Drive, Gloucester, MA 01930–2298, or a

designee.

Reporting month means the period of

time beginning at 0001 hours local time

on the first day of each calendar month

and ending at 2400 hours local time on

the last day of each calendar month.

Reporting week means a period of

time beginning at 0001 hours local time

on Sunday and ending at 2400 hours

local time the following Saturday.

Squid means Loligo pealei and Illex

illecebrosus.

Substantially similar harvesting

capacity means the same or less GRT

and vessel registered length for

commercial vessels.

Total length (TL) means the distance

from the tip of the snout to the tip of

the tail (caudal fin) while the fish is

lying on its side normally extended.

Transfer means to begin to remove, to

pass over the rail, or otherwise take

away fish from any vessel and move

them to another conveyance.

Under construction means that the

keel has been laid.

Vessel registered length means the

registered length specified on U.S. Coast

Guard Documentation, or state

registration if the state registered length

is verified by a NMFS authorized

official.

§ 655.3 Relation to other laws.

(a) The relation of this part to other

laws is set forth in § 620.3 of this

chapter and paragraphs (b) through (d)

of this section.

(b) Additional regulations governing

domestic fishing for Northeast

Multispecies, which affect this part, are

found at 50 CFR part 651.

(c) Additional regulations governing

domestic fishing for summer flounder,

which affect this part, are found at 50

CFR part 625.

(d) Nothing in these regulations

supersedes more restrictive state

management measures.

§ 655.4 Vessel permits.

(a) General—(1) Requirement. Vessels,

including party or charter vessels, must

obtain a permit issued under this part to

fish for or retain Atlantic mackerel,

Loligo, Illex, or butterfish in or from the

EEZ. This requirement does not pertain

to recreational fishing vessels.

(2) Condition. Vessel owners who

apply for a fishing vessel permit under

this section must agree as a condition of

the permit that the vessel’s fishing,

catch and pertinent gear (without regard

to whether such fishing occurs in or

from the EEZ or landward of the EEZ,

and without regard to where such fish

or gear are possessed, taken or landed)

will be subject to all requirements of

this part. All such fishing, catch and

gear will remain subject to all applicable

state requirements. If a requirement of

this part and a management measure

required by state law differ, any vessel

owner permitted to fish in the EEZ must

comply with the more restrictive

requirement.

(b) Moratorium permits—(1) Loligo

squid and butterfish. A vessel is eligible

for a moratorium permit to fish for and

retain Loligo squid or butterfish in

excess of the incidental catch allowance

specified in paragraph (c)(1) of this

section, if it meets any of the following

criteria:

(i) The vessel landed and sold at least

20,000 lb (9.07 mt) of Loligo or

butterfish in any 30-consecutive-day

period between August 13, 1981, and

August 13, 1993; or

(ii) The vessel is replacing a vessel of

substantially similar harvesting capacity

that involuntarily left the Loligo or

butterfish fishery during the effective

period of the moratorium, and both the

entering and replaced vessels are owned

by the same person. Vessel permits

issued to vessels that involuntarily leave

the fishery may not be combined to

create larger replacement vessels.

(iii) Vessels that are judged

unseaworthy by the Coast Guard for

reasons other than lack of maintenance

may be replaced by a vessel of

substantially similar harvesting capacity

during the effective period of the

moratorium.

(2) Illex squid. A vessel is eligible for

a moratorium permit to fish for and

retain Illex squid in excess of the

incidental catch allowance specified in

paragraph (c)(1) of this section, if it

meets any of the following criteria:

(i) The vessel landed and sold at least

5,000 lb (2.27 mt) of Illex on each of five

trips between August 13, 1981, and

August 13, 1993; or

(ii) Recirculating sea water equipment

or an on-board commercial plate or blast

freezer was purchased by May 31, 1994,

and installed on the vessel, and the

vessel landed five trips of at least 5,000

lb (2.27 mt) each of Illex prior to the

effective date of these regulations; or

(iii) The vessel is replacing a vessel of

substantially similar harvesting capacity

that involuntarily left the Illex fishery

during the effective period of the

moratorium, and both the entering and

replaced vessels are owned by the same

person. Vessel permits issued to vessels

that involuntarily leave the fishery may

not be combined to create larger

replacement vessels.

(iv) Vessels that are judged

unseaworthy by the Coast Guard for

reasons other than lack of maintenance

may be replaced by a vessel with the

same or less GRT and vessel registered

length for commercial vessels during the

effective period of the moratorium.

(3) Restriction. No one may apply for

the permits specified in paragraphs (b)

(1) and (2) of this section more than 12

months after the effective date of these

regulations, or the event specified under

paragraph (i)(1) of this section. This

section does not affect annual permit

renewals.

(4) Appeal of denial of permit. (i) Any

applicant denied a moratorium permit

may appeal to the Regional Director

within 30 days of the notice of denial.

Any such appeal shall be in writing.

The only ground for appeal is that the

Regional Director erred in concluding

that the vessel did not meet the criteria

in paragraph (b) of this section. The

appeal shall set forth the basis for the

applicant’s belief that the Regional

Director’s decision was made in error.

(ii) The appeal may be presented, at

the option of the applicant, at a hearing

before an officer appointed by the

Regional Director.

(iii) The hearing officer shall make a

recommendation to Regional Director.

(iv) The decision on the appeal by the

Regional Director is the final decision of

the Department of Commerce.

(c) Incidental catch permit. (1) Any

vessel of the United States may obtain

a permit to fish for or retain up to 2,500

lb (1.13 mt) of Loligo squid, Illex squid,

or butterfish as an incidental catch in

another directed fishery.

(2) Adjustments to the incidental

catch. The incidental catch allowance

may be revised by the Regional Director

after recommendation by the Council

following the procedure set forth in

§ 655.22. NMFS will publish a

notification of any proposed adjustment

in the Federal Register. The public may

comment on the adjustment for 30 days

after the date of publication. After

consideration of public comments,

NMFS may publish a notification of

adjustment to the incidental catch

allowance in the Federal Register.

(d) Atlantic mackerel permit. Any

vessel of the United States may obtain

a permit to fish for or retain Atlantic

mackerel in or from the EEZ.

(e) Party and charter boat permit. Any

party or charter boat may obtain a

permit to fish for or retain Atlantic

mackerel, squid or butterfish while

carrying passengers for hire.

(f) Vessel permit application. (1) An

application for a permit under this

section must be submitted and signed

by the owner of the vessel on an

appropriate form obtained from the

Regional Director at least 30 days prior

to the date on which the applicant
65624 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules

desires to have the permit made

effective. The Regional Director will

notify the applicant of any deficiency in

the application pursuant to this section.

Applicants for moratorium permits shall

provide information with the

application sufficient for the Regional

Director to determine if the vessel meets

any eligibility requirements. Dealer

weighout forms, joint venture receipts,

and notarized statements from marine

architects or surveyors or shipyard

officials will be considered acceptable

forms of proof.

(2) Information requirements. In

addition to applicable information

required to be provided by paragraph

(f)(1) of this section, an application for

a permit under this section must contain

at least the following information, and

any other information required by the

Regional Director: Vessel name; owner

name, mailing address, and telephone

number; U.S. Coast Guard

documentation number and a valid copy

of the vessel’s U.S. Coast Guard

documentation or, if undocumented, the

state registration number and a copy of

the current state registration; home port

and principal port of landing; overall

length; gross tonnage; net tonnage;

engine horsepower; year the vessel was

built; type of construction; type of

propulsion; approximate fish hold

capacity; type of fishing gear used by

the vessel; number of crew; permit

category; if the owner is a corporation,

a copy of the Certificate of Incorporation

showing the principals in the

corporation, and the names and

addresses of all shareholders owning 25

percent or more of the corporation’s

shares; if the owner is a partnership, a

copy of the Partnership Agreement and

the names and addresses of all partners;

if there is more than one owner, names

of all owners that have acquired more

than a 25-percent interest; the name and

signature of the owner or the owner’s

authorized representative; permit

number of any current or, if expired,

previous Federal fishery permit issued

to the vessel; and a copy of the charter/

party boat license and number of

passengers the vessel is licensed to carry

(charter and party boats); and any other

information required by the Regional

Director to manage the fishery.

(g) Fees. The Regional Director may

charge a fee to recover administrative

expenses of issuing a permit required

under this section. The amount of the

fee is calculated in accordance with the

procedures of the NOAA Finance

Handbook for determining

administrative costs of each special

product or service. The fee may not

exceed such costs and is specified on

each application form. The appropriate

fee must accompany each application; if

it does not, the application will be

considered incomplete for purposes of

paragraph (h) of this section. Any fee

paid by an insufficient bank draft shall

render any permit issued on the basis

thereof null and void.

(h) Issuance. (1) Except as provided in

Subpart D of 15 CFR Part 904, the

Regional Director will issue a permit

under this section within 30 days of

receipt of the application unless:

(i) The applicant has failed to submit

a complete application as described in

paragraph (f) of this section. An

application is complete when all

requested forms, information,

documentation, and fees, if applicable,

have been received; or

(ii) The application was not received

by the Regional Director by the

deadlines set forth in paragraph (b)(3) of

this section; or

(iii) The applicant has failed to

comply with all applicable reporting

requirements of § 655.7 during the 12

months immediately preceding the

application.

(2) Upon receipt of an incomplete

application, or an application from a

person who has not complied with all

applicable reporting requirements of

§ 655.7 during the 12 months

immediately preceding the application,

the Regional Director will notify the

applicant of the deficiency. If the

applicant fails to correct the deficiency

within 30 days of the Regional

Director’s notification, the application

will be considered abandoned.

(i) Expiration. Except as provided in

paragraphs (b)(1)(ii) and (b)(2)(iii) of this

section, a permit expires:

(1) When the owner retires the vessel

from the fishery;

(2) Upon the renewal date specified

on the permit; or

(3) When the ownership of the vessel

changes; however, the Regional Director

may authorize the continuation of a

moratorium permit for the squid and

butterfish fisheries if the new owner

requests. Applications for permit

continuations must be addressed to the

Regional Director.

(j) Duration. A permit is valid until it

is revoked, suspended, or modified

under 15 CFR part 904, or until it

otherwise expires, or ownership

changes, or the applicant has failed to

report any change in the information on

the permit application to the Regional

Director as specified in paragraph (m) of

this section.

(k) Replacement. Replacement

permits for an otherwise valid permit

may be issued by the Regional Director

when requested in writing by the owner

or authorized representative, stating the

need for replacement, the name of the

vessel, and the federal fisheries permit

number assigned. An application for a

replacement permit will not be

considered a new application. An

appropriate fee may be charged for

issuance of the replacement permit.

(l) Transfer. Permits issued under this

part are not transferable or assignable. A

permit is valid only for the fishing

vessel and owner for which it is issued.

(m) Change in application

information. Any change in the

information specified in paragraph (f)(2)

of this section must be submitted by the

applicant in writing to the Regional

Director within 15 days of the change.

If the written notice of the change in

information is not received by the

Regional Director within 15 days, the

permit is void.

(n) Alteration. Any permit that has

been altered, erased, or mutilated is

invalid.

(o) Display. The permit must be

maintained in legible condition and

displayed for inspection upon request

by any authorized officer.

(p) Sanctions. Procedures governing

enforcement-related permit sanctions

and denials are found at subpart D of 15

CFR part 904.

§ 655.5 Operator permit.

(a) General. Any operator of a vessel

holding a valid Federal Atlantic

mackerel, Loligo, Illex, or butterfish

permit under this part, or any operator

of a vessel fishing for Atlantic mackerel,

Loligo, Illex, or butterfish in the EEZ or

in possession of Atlantic mackerel,

Loligo, Illex, or butterfish in or

harvested from the EEZ, must have and

carry on board a valid operator’s permit

issued under this part. An operator

permit issued pursuant to Parts 649,

650, or 651 shall satisfy the permitting

requirement of this paragraph.

(b) Operator application. Applicants

for a permit under this section must

submit a completed permit application

on an appropriate form obtained from

the Regional Director. The application

must be signed by the applicant and

submitted to the Regional Director at

least 30 days prior to the date on which

the applicant desires to have the permit

made effective. The Regional Director

will notify the applicant of any

deficiency in the application pursuant

to this section.

(c) Condition. Vessel operators who

apply for an operator’s permit under

this section must agree as a condition of

this permit that the operator and

vessel’s fishing, catch, and pertinent

gear (without regard to whether such

fishing occurs in the EEZ or landward

of the EEZ, and without regard to where
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules 65625

such fish or gear are possessed, taken,

or landed), are subject to all

requirements of this part while fishing

in the EEZ or on board a vessel

permitted under § 655.4. The vessel and

all such fishing, catch, and gear will

remain subject to all applicable state or

local requirements. Further, such

operators must agree as a condition of

this permit that, if the permit is

suspended or revoked pursuant to 15

CFR part 904, the operator cannot be on

board any fishing vessel issued a

Federal Fisheries Permit or any vessel

subject to Federal fishing regulations

while the vessel is at sea or engaged in

offloading. If a requirement of this part

and a management measure required by

state or local law differ, any operator

issued a permit under this part must

comply with the more restrictive

requirement.

(d) Information requirements. An

applicant must provide at least all the

following information and any other

information required by the Regional

Director: Name, mailing address, and

telephone number; date of birth; hair

color; eye color; height; weight; social

security number (optional); and

signature of the applicant. The applicant

must also provide two recent (no more

than 1 year old) color passport-size

photographs.

(e) Fees. The Regional Director may

charge a fee to recover the

administrative expense of issuing a

permit required under this section. The

amount of the fee is calculated in

accordance with the procedures of the

NOAA Finance Handbook for

determining the administrative costs of

each special product or service. The fee

may not exceed such costs and is

specified on each application form. The

appropriate fee must accompany each

application; if it does not, the

application will be considered

incomplete for purposes of paragraph (f)

of this section. Any fee paid by an

insufficiently funded commercial

instrument shall render any permit

issued on the basis thereof null and

void.

(f) Issuance. Except as provided in

subpart D of 15 CFR part 904, the

Regional Director shall issue an

operator’s permit within 30 days of

receipt of a completed application if the

criteria specified herein are met. Upon

receipt of an incomplete or improperly

executed application, the Regional

Director will notify the applicant of the

deficiency in the application. If the

applicant fails to correct the deficiency

within 30 days following the date of

notification, the application will be

deemed abandoned.

(g) Expiration. A Federal operator

permit will expire upon the renewal

date specified in the permit.

(h) Duration. A permit is valid until

it is revoked, suspended or modified

under 15 CFR part 904, or otherwise

expires, or the applicant has failed to

report a change in the information on

the permit application to the Regional

Director as specified in paragraph (k) of

this section.

(i) Replacement. Replacement

permits, for otherwise valid permits,

may be issued by the Regional Director

when requested in writing by the

applicant, stating the need for

replacement and the Federal operator

permit number assigned. An applicant

for a replacement permit must also

provide two recent color passport-size

photos of the applicant. An application

for a replacement permit will not be

considered a new application. An

appropriate fee may be charged.

(j) Transfer. Permits issued under this

section are not transferable or

assignable. A permit is valid only for the

person to whom it is issued.

(k) Change in application

information. Notice of a change in the

permit holder’s name, address, or

telephone number must be submitted in

writing to, and received by, the Regional

Director within 15 days of the change in

information. If written notice of the

change in information is not received by

the Regional Director within 15 days,

the permit is void.

(l) Alteration. Any permit that has

been altered, erased, or mutilated is

invalid.

(m) Display. Any permit issued under

this part must be maintained in legible

condition and displayed for inspection

upon request by any authorized officer.

(n) Sanctions. Vessel operators with

suspended or revoked permits may not

be on board a federally permitted

fishing vessel in any capacity while the

vessel is at sea or engaged in offloading.

Procedures governing enforcement

related permit sanctions and denials are

found at subpart D of 15 CFR part 904.

(o) Vessel owner responsibility. Vessel

owners are responsible for ensuring that

their vessels are operated by an

individual with a valid operator’s

permit issued under this section.

§ 655.6 Dealer permit.

(a) General. All dealers must have a

valid permit issued under this part in

their possession.

(b) Dealer application. Applicants for

a permit under this section must submit

a completed application on an

appropriate form provided by the

Regional Director. The application must

be signed by the applicant and

submitted to the Regional Director at

least 30 days before the date upon

which the applicant desires to have the

permit made effective. The Regional

Director will notify the applicant of any

deficiency in the application pursuant

to this section.

(c) Information requirements.

Applications must contain at least the

following information and any other

information required by the Regional

Director: Company name, place(s) of

business, mailing address(es) and

telephone number(s), owner’s name;

dealer permit number (if a renewal); and

name and signature of the person

responsible for the truth and accuracy of

the report. If the dealer is a corporation,

a copy of the Certificate of Incorporation

must be included with the application.

If the dealer is a partnership, a copy of

the Partnership Agreement and the

names and addresses of all partners

must be included with the application.

(d) Fees. The Regional Director may

charge a fee to recover the

administrative expense of issuing a

permit required under this section. The

amount of the fee is calculated in

accordance with the procedures of the

NOAA Finance Handbook for

determining the administrative costs of

each special product or service. The fee

may not exceed such costs and is

specified with each application form.

The appropriate fee must accompany

each application; if it does not, the

application will be considered

incomplete for purposes of paragraph (e)

of this section. Any fee paid by an

insufficiently funded commercial

instrument shall render any permit

issued on the basis thereof null and

void.

(e) Issuance. Except as provided in

subpart D of 15 CFR part 904, the

Regional Director will issue a permit at

any time during the fishing year to an

applicant unless the applicant has failed

to submit a completed application. An

application is complete when all

requested forms, information, and

documentation have been received and

the applicant has submitted all

applicable reports specified in

§ 655.7(a). Upon receipt of an

incomplete or improperly executed

application, the Regional Director will

notify the applicant of the deficiency in

the application. If the applicant fails to

correct the deficiency within 30 days

following the date of notification, the

application will be considered

abandoned.

(f) Expiration. A permit will expire

upon the renewal date specified in the

permit.

(g) Duration. A permit is valid until it

is revoked, suspended, or modified
65626 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules

under 15 CFR part 904, or otherwise

expires, or ownership changes, or the

applicant has failed to report any

change in the information on the permit

application to the Regional Director as

required by paragraph (j) of this section.

(h) Replacement. Replacement

permits, for otherwise valid permits,

may be issued by the Regional Director

when requested in writing by the

applicant, stating the need for

replacement and the Federal dealer

permit number assigned. An application

for a replacement permit will not be

considered a new application. An

appropriate fee may be charged.

(i) Transfer. Permits issued under this

part are not transferable or assignable. A

permit is valid only for the person to

whom, or other business entity to

which, it is issued.

(j) Change in application information.

Within 15 days after a change in the

information contained in an application

submitted under this section, a written

report of the change must be submitted

to, and received by, the Regional

Director. If written notice of the change

in information is not received by the

Regional Director within 15 days, the

permit is void.

(k) Alteration. Any permit that has

been altered, erased, or mutilated is

invalid.

(l) Display. Any permit, or a valid

duplicate thereof, issued under this part

must be maintained in legible condition

and displayed for inspection upon

request by any authorized officer.

(m) Federal versus state requirements.

If a requirement of this part differs from

a fisheries management measure

required by state law, any dealer issued

a Federal dealer permit must comply

with the more restrictive requirement.

(n) Sanctions. Procedures governing

enforcement-related permit sanctions

and denials are found at subpart D of 15

CFR part 904.

§ 655.7 Recordkeeping and reporting

requirements.

(a) Dealers—(1) Weekly report.

Dealers must send by mail, to the

Regional Director or official designee,

on a weekly basis, on forms supplied by

or approved by the Regional Director, a

report of fish purchases. If authorized in

writing by the Regional Director, dealers

may submit reports electronically or

through other media. The following

information and any other information

required by the Regional Director must

be provided in the report: Name and

mailing address of dealer; dealer

number; name and permit number of the

vessels from which fish are landed or

received; dates of purchases; pounds by

species; price by species; and port

landed. If no fish are purchased during

the week, a report so stating must be

submitted. All report forms must be

signed by the dealer or other authorized

individual.

(2) Annual report. All persons

required to submit reports under

paragraph (a)(1) of this section are

required to complete the ‘‘Employment

Data’’ section of the Annual Processed

Products Reports; completion of the

other sections on that form is voluntary.

Reports must be submitted to the

address supplied by the Regional

Director.

(3) Inspection. Upon the request of an

authorized officer, or by an employee of

NMFS designated by the Regional

Director to make such inspections, the

dealer must make immediately available

for inspection copies of the required

reports that have been submitted, or

should have been submitted, and the

records upon which the reports were

based.

(4) Record retention. Copies of

reports, and records upon which the

reports were based, must be retained

and be available for review for 1 year

after the date of the last entry on the

report. The dealer must retain such

reports and records at its principal place

of business.

(5) Submitting reports. Reports must

be received, or postmarked if mailed,

within 3 days after the end of each

reporting week. Each dealer will be sent

forms and instructions, including the

address to which to submit reports,

shortly after receipt of a dealer permit.

(6) At-sea activities. All persons

purchasing, receiving, or processing any

mackerel, squid, or butterfish at sea for

landing at any port of the United States

must submit information identical to

that required by paragraphs (a) (1) and

(2) of this section and provide those

reports to the Regional Director or

designee on the same frequency basis.

(b) Vessel owners—(1) Fishing log

reports. The owner of any vessel issued

a Federal Atlantic mackerel, Loligo

squid, butterfish or Illex squid permit

under § 655.4 must maintain on board

the vessel, and submit, an accurate daily

fishing log report for all fishing trips,

regardless of species fished for or taken,

on forms supplied by or approved by

the Regional Director. If authorized in

writing by the Regional Director, vessel

owners may submit reports

electronically. At least the following

information, and any other information

required by the Regional Director, must

be provided: Vessel name, U.S. Coast

Guard (USCG) documentation number

(or state registration number if

undocumented); permit number; date/

time sailed; date/time landed; trip type;

number of crew; number of anglers (if a

charter or party boat); gear fished;

quantity and size of gear; mesh/ring

size; chart area fished; average depth;

latitude/longitude (or loran station and

bearings); total hauls per area fished;

average tow time duration; pounds by

species of all species landed or

discarded; dealer permit number; dealer

name; date sold; port and state landed;

and vessel operator’s name, signature,

and operator permit number.

(2) When to fill in the log. Fishing log

reports must be filled in, except for

information required but not yet

ascertainable, before offloading has

begun. All information in paragraph

(b)(1) of this section must be filled in for

each fishing trip before starting the next

fishing trip.

(3) Inspection. Upon the request of an

authorized officer, or an employee of

NMFS designated by the Regional

Director to make such inspections, at

any time during or after a trip, owners

and operators must make immediately

available for inspection the fishing log

reports currently in use, or to be

submitted.

(4) Record retention. Copies of the

fishing log reports must be retained and

available for review for 1 year after the

date of the last entry on the report.

(5) Submitting reports. Fishing log

reports must be received or postmarked,

if mailed, within 15 days after the end

of the reporting month. Each owner will

be sent forms and instructions,

including the address to which to

submit reports, shortly after receipt of a

Federal Fisheries Permit. If no fishing

trip is made during a month, a report so

stating must be submitted.

§ 655.8 Vessel identification.

(a) Vessel name. Each fishing vessel

owner subject to this part and over 25

ft (7.6 m) in length must affix

permanently its name on the port and

starboard sides of the bow and, if

possible, on its stern.

(b) Official number. Each fishing

vessel owner subject to this section and

over 25 ft (7.6 m) in length must display

its official number on the port and

starboard sides of its deckhouse or hull,

and on an appropriate weather deck, so

as to be visible from above by

enforcement vessels and aircraft. The

official number is the U.S. Coast Guard

documentation number, or the vessel’s

state registration number for vessels not

required to be documented under title

46 of U.S.C.

(c) Numerals. Except as provided in

paragraph (e) of this section, the official

number must be permanently affixed in

block arabic numerals in contrasting

color at least 18 inches (45.7 cm) in
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules 65627

height for vessels over 65 ft (19.8 m) in

length, and at least 10 inches (25.4 cm)

in height for all other vessels over 25 ft

(7.6 m) in length.

(d) Duties of owner. Any vessel owner

subject to this part will:

(1) Keep the vessel’s name and official

number clearly legible and in good

repair; and

(2) Ensure that no part of the vessel,

its rigging, its fishing gear, or any other

object obstructs the view of the official

number from any enforcement vessel or

aircraft.

(e) Nonpermanent marking. Vessels

carrying recreational fishing parties on a

per capita basis or by charter must use

markings that meet the above

requirements, except for the

requirement that they be affixed

permanently to the vessel. The

nonpermanent markings must be

displayed in conformity with the above

requirements when the vessel is fishing

for Atlantic mackerel, squid, or

butterfish.

§ 655.9 Prohibitions.

(a) In addition to the general

prohibitions specified in § 620.7 of this

chapter, it is unlawful for any person

owning or operating a vessel issued a

valid Federal Atlantic mackerel, squid,

or butterfish permit under § 655.4, or

issued an operator permit under § 655.5,

to do any of the following:

(1) Possess more than the incidental

catch allowance of squid, or butterfish

unless issued a moratorium permit

pursuant to § 655.4(b).

(2) Use any vessel for taking, catching,

harvesting, or landing of any Atlantic

mackerel, squid, or butterfish, except as

provided in § 655.4(a), unless the vessel

has on board a valid permit issued

under § 655.4.

(3) Fail to report to the Regional

Director within 15 days any change in

the information contained in the permit

application for a vessel, as specified in

§ 655.4(m).

(4) Falsify or fail to affix and maintain

vessel markings as required by § 655.8.

(5) Take, retain, or land Atlantic

mackerel, squid, or butterfish in excess

of the trip allowance specified under

§ 655.23.

(6) Take, retain, or land Atlantic

mackerel, squid, or butterfish after a

total closure specified under § 655.23.

(7) Make any false statement, written

or oral, to an authorized officer,

concerning the taking, catching,

landing, purchase, sale, or transfer of

any mackerel, squid, or butterfish.

(8) Fish with or possess nets or

netting that do not meet the minimum

mesh requirement for Loligo specified in

§ 655.25(a) or that are modified,

obstructed, or constricted, if subject to

the minimum mesh requirement, unless

the nets or netting are stowed in

accordance with § 655.25(b) or the

vessel is fishing under an exemption

specified in § 655.25(a).

(9) Sell or transfer Atlantic mackerel,

squid, or butterfish to another person for

a commercial purpose, other than

transport, unless that person has a

dealer permit issued under § 655.6.

(10) Falsify information in order to

qualify a vessel for a moratorium permit

pursuant to § 655.4(b).

(11) Transfer squid, or butterfish at

sea to another vessel unless that other

vessel is issued a valid moratorium

permit issued pursuant to § 655.4(b) or

a letter of authorization issued by the

Regional Director.

(12) Fail to comply with any measures

implemented pursuant to § 655.22.

(13) Refuse to embark a sea sampler

if requested by the Regional Director.

(14) Assault, resist, oppose, impede,

harass, intimidate, or interfere with or

bar by command, impediment, threat,

coercion or refusal of reasonable

assistance an observer or sea sampler

conducting his or her duties aboard a

vessel.

(15) Fail to affix and maintain

markings as required by § 655.8.

(16) Carry passengers for hire while

fishing commercially under a permit

issued pursuant to § 655.4 (b), (c), or (d).

(17) Fail to carry on board a letter of

authorization if fishing in an

experimental fishery pursuant to

§ 655.30.

(18) Employ an operator on board a

vessel who has not been issued an

operator permit that meets the

requirements of § 655.5.

(b) It is unlawful for the owner and

operator of a party or charter boat issued

a permit (including a moratorium

permit) pursuant to § 655.4, when the

boat is carrying passengers for hire, to

do any of the following:

(1) Violate any recreational fishing

measures established pursuant to

§ 655.22(d)

(2) Sell or transfer Atlantic mackerel,

squid, or butterfish to another person for

a commercial purpose.

(3) Refuse to embark a sea sampler if

requested by the Regional Director.

(c) It is unlawful for any person to do

any of the following:

(1) Possess in or harvest from the EEZ

Atlantic mackerel, squid, or butterfish,

except as provided in § 655.4(a), unless

the person is operating a vessel issued

a permit pursuant to § 655.4, and the

permit is on board the vessel, and has

not been surrendered, revoked, or

suspended.

(2) Possess nets or netting with mesh

not meeting the minimum size

requirement of § 655.25 that does not

meet the net stowage provisions of

§ 655.25, if the person possesses Loligo

squid harvested in or from the EEZ.

(3) If subject to the permitting

requirements in § 655.4, § 655.5, or

§ 655.6, to offload, to cause to be

offloaded, sell or buy, whether on land

or at sea, as an owner, operator, dealer,

buyer, or receiver, without accurately

and completely preparing and

submitting in a timely fashion the

documents required by § 655.7.

(4) Transfer squid or butterfish within

the EEZ, unless the vessels participating

in the transfer are issued valid

moratorium permits pursuant to

§ 655.4(b) or valid letters of

authorization pursuant to § 655.29.

(5) Purchase or otherwise receive,

except for transport, Atlantic mackerel,

squid, or butterfish from the owner or

operator of a vessel issued a permit

pursuant to § 655.4, unless in

possession of a valid permit issued

under § 655.6.

(6) Purchase or otherwise receive for

a commercial purpose, Atlantic

mackerel, squid, or butterfish caught by

other than a vessel issued a permit

pursuant to § 655.4, unless the vessel

has not been issued a permit under this

part and is fishing exclusively within

the waters under the jurisdiction of any

state.

(7) Make any false statements, oral or

written, to an authorized officer

concerning the catching, taking,

harvesting, landing, purchase, sale,

possession, or transfer of any Atlantic

mackerel, squid, or butterfish.

(8) Fail to report to the Regional

Director within 15 days any change in

information contained in the permit

application.

(9) Assault, resist, impede, oppose,

harass, intimidate, or interfere with or

bar by command, impediment, threat,

coercion, or refusal of reasonable

assistance to an observer or sea sampler

conducting his or her duties aboard a

vessel.

(10) Operate a vessel fishing for

Atlantic mackerel, squid, or butterfish

within the EEZ, unless issued an

operator permit that meets the

requirements of § 655.5.

(11) Violate any other provisions of

this part, the Magnuson Act, or any

regulation or permit issued under the

Magnuson Act.

(d) All Atlantic mackerel and

butterfish possessed on board a party or

charter boat issued a permit under

§ 655.4 are deemed to have been

harvested from the EEZ.

(e) It is unlawful for any person to

violate any terms of a letter authorizing

experimental fishing pursuant to
65628 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules

§ 655.30 or to fail to keep such letter on

board the vessel during the period of the

experiment.

§ 655.10 Facilitation of enforcement.

See § 620.8 of this chapter.

§ 655.11 Penalties.

See § 620.9 of this chapter.

Subpart B—Management Measures

§ 655.20 Fishing year.

The fishing year is the 12-month

period beginning on January 1 and

ending on December 31.

§ 655.21 Maximum optimum yields.

The optimum yields (OYs) specified

pursuant to § 655.22 during a fishing

year may not exceed the following

amounts:

(a) Atlantic mackerel: That quantity of

mackerel that is less than or equal to

ABC specified pursuant to § 655.22;

(b) Loligo squid: 36,000 mt

(79,362,000 lb);

(c) Illex squid: 30,000 mt (66,135,000

lb); and

(d) Butterfish: 16,000 mt (35,272,000

lb).

§ 655.22 Procedures for determining initial

annual amounts.

(a) Initial annual specifications. The

Atlantic Mackerel, Squid, and Butterfish

Monitoring Committee (Monitoring

Committee) will meet annually to

develop specifications regarding:

(1) The initial optimum yield (IOY),

domestic annual harvest (DAH), and

domestic annual processing (DAP) for

the squids;

(2) The IOY, DAH, DAP and bycatch

level of the total allowable level of

foreign fishing (TALFF), if any, for

butterfish; and

(3) The IOY, DAH, DAP, joint venture

processing (JVP), if any, and TALFF, if

any, for Atlantic mackerel.

(4) The Monitoring Committee will

recommend these specifications to the

Mackerel, Squid, and Butterfish

Committee (Committee) of the Council.

As a basis for establishing these

specifications and restrictions, the

Monitoring Committee will review

available data pertaining to the

following:

(i) Commercial and recreational

landings;

(ii) Current estimates of fishing

mortality;

(iii) Stock status;

(iv) The most recent estimates of

recruitment;

(v) Virtual population analysis results;

(vi) Levels of noncompliance by

harvesters or individual states;

(vii) Impact of size/mesh regulations;

(viii) The results of a survey of

domestic processors and joint venture

operators of estimated Atlantic mackerel

processing capacity and intent to use

that capacity (approved by the Office of

Management and Budget under OMB

control number 0648–0114);

(ix) The results of a survey of

fishermen’s trade associations of

estimated Atlantic mackerel harvesting

capacity and intent to use that capacity

(approved by the Office of Management

and Budget under OMB control number

0648–0114);

(x) Any other relevant information.

(b) Guidelines. The specifications

determined pursuant to paragraph (a) by

the Monitoring Committee will be

consistent with the following

guidelines:

(1) Squid. (i) The most recent

biological data, including data on

discards, will be reviewed annually

under the procedures specified in

paragraph (a) of this section. ABC for

any fishing year is either the maximum

OY specified in § 655.21, or a lower

amount if stock assessments indicate

that the potential yield is less than the

maximum OY.

(ii) IOY is a modification of ABC

based on social and economic factors.

(2) Atlantic mackerel. (i) Atlantic

mackerel ABC is derived using the

following terms: C = Estimated mackerel

catch in Canadian waters for the

upcoming fishing year; S = Mackerel

spawning-stock size at the beginning of

the upcoming fishing year for which

catch estimates and quotas are being

specified; and LTPC = Long term

potential catch as estimated by the

Northeast Fisheries Science Center

(NEFSC).

(ii) ABC for the upcoming fishing year

must be set at a level to maintain a

minimum value for S of 900,000 mt

(1,984,050,000 lb) and cannot exceed

LTPC minus C.

(iii) IOY is less than or equal to ABC

and represents a modification of ABC,

based on social and economic factors.

(iv) IOY is composed of DAH and

TALFF. DAH, DAP and JVP are

projected by reviewing data from

sources specified in this paragraph (a)

and other relevant data including past

domestic landings, projected amounts of

mackerel necessary for domestic

processing and for joint ventures during

the fishing year, projected recreational

landings, and other data pertinent for

such a projection. The JVP component

of DAH is the portion of DAH that

domestic processors either cannot or

will not use. In addition, IOY is based

on such criteria as contained in the

Magnuson Act, specifically section

201(e), and the application of the

following economic factors:

(A) Total world export potential by

mackerel producing countries;

(B) Total world import demand by

mackerel consuming countries;

(C) U.S. export potential based on

expected U.S. harvests, expected U.S.

consumption, relative prices, exchange

rates, and foreign trade barriers;

(D) Increased/decreased revenues to

the U.S. from foreign fees;

(E) Increased/decreased revenues to

U.S. harvesters (with/without joint

ventures);

(F) Increased/decreased revenues to

U.S. processors and exporters;

(G) Increases/decreases in U.S.

harvesting productivity due to

decreases/increases in foreign harvest;

(H) Increases/decreases in U.S.

processing productivity; and

(I) Potential impact of increased/

decreased TALFF on foreign purchases

of U.S. products and services and U.S.-

caught fish, changes in trade barriers,

technology transfer, and other

considerations.

(v) The Council may also recommend

that certain ratios of TALFF to

purchases of domestic harvested fish

and/or domestic processed fish be

established in relation to the initial

annual amounts.

(3) Butterfish. (i) The most recent

biological data, including data on

discards, will be reviewed annually

under the procedures specified in

paragraph (a) of this section. If this

review indicates that the stock cannot

support a level of harvest equal to the

maximum OY, the Council will

recommend establishing an ABC less

than the maximum OY for the fishing

year. This level represents the

modification of maximum OY to reflect

biological and ecological factors. If the

stock is able to support a harvest level

equivalent to the maximum OY, the

ABC is to be set at that level.

(ii) IOY is a modification of ABC

based on social and economic factors.

The IOY is composed of a DAH and

bycatch TALFF which is equal to 0.08

percent of the allocated portion of the

Atlantic mackerel TALFF.

(c) Adjustments. The specifications

established pursuant to this section may

be adjusted by the Regional Director, in

consultation with the Council, during

the fishing year by publishing a

notification in the Federal Register

stating the reasons for such an action

with a 30-day comment period.

(d) Recommended measures. Based

on the review of the data described in

paragraph (a) of this section, the

Monitoring Committee will recommend

to the Committee the following
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules 65629

measures it determines are necessary to

assure that the specifications are not

exceeded:

(1) Commercial quotas;

(2) The amount of Loligo squid, Illex

squid, and butterfish which may be

retained, possessed and landed by

vessels issued the incidental catch

permit specified in § 655.4(c);

(3) Commercial minimum fish sizes;

(4) Commercial trip limits;

(5) Commercial seasonal quotas;

(6) Minimum mesh sizes;

(7) Commercial gear restrictions;

(8) Recreational harvest limit;

(9) Recreational minimum fish size;

(10) Recreational possession limits;

(11) Recreational season.

(e) Annual fishing measures. (1) The

Committee shall review the

recommendations of the Monitoring

Committee. Based on these

recommendations and any public

comment, the Committee shall make its

recommendations to the Council with

respect to the specifications and any

other measures necessary to assure that

the specifications are not exceeded. The

Council shall review these

recommendations. Based on these

recommendations, and any public

comment, the Council shall make

recommendations to the Regional

Director. Included in the

recommendation will be supporting

documents, as appropriate, concerning

the environmental, economic, and social

impacts of the proposed action. The

Regional Director will review these

recommendations, and on or about

November 1 of each year, will publish

a notification in the Federal Register of

proposed specifications and any other

measures necessary to assure that the

specifications are not exceeded. If the

specifications differ from those

recommended by the Council, the

reasons for any differences must be

clearly stated and the revised

specifications must satisfy the criteria

set forth in this section. The Federal

Register notification of proposed

specifications will provide for a 30-day

public comment period.

(2) The Council’s recommendations

will be available in aggregate form for

inspection at the office of the Regional

Director during the public comment

period.

(3) On or about December 15 of each

year, the Secretary will make a final

determination concerning the

specifications for each species and the

other measures contained in the

notification of proposed specifications.

After the Secretary considers all

relevant data and any public comments,

a notification of final specifications and

response to public comments will be

published in the Federal Register. If the

final amounts differ from those

recommended by the Council, the

reason(s) for the difference(s) must

clearly be stated and the revised

specifications must be consistent with

the guidelines set forth in paragraph (b)

of this section.

§ 655.23 Closure of the fishery.

(a) General. The Secretary shall close

the directed Atlantic mackerel, Illex

squid, Loligo squid, or butterfish fishery

in the EEZ when U.S. fishermen have

harvested 80 percent of the DAH, if such

closure is necessary to prevent the DAH

from being exceeded. The closure will

be in effect for the remainder of the

fishing year, with incidental catches

allowed as specified in paragraph (c) of

this section, until the entire DAH is

attained. When the Regional Director

projects that DAH will be attained for

any of the species, the Secretary shall

close the fishery in the EEZ to all fishing

for that species, and the incidental

catches specified in paragraph (c) of this

section will be prohibited.

(b) Notification. The Secretary will

take the following actions if it is

determined that a closure is necessary:

(1) Notify, in advance, the Executive

Directors of the Mid- Atlantic, New

England, and South Atlantic Councils;

(2) Mail notifications of the closure to

all holders of permits issued under

§§ 655.4, 655.5 and 655.6 at least 72

hours before the effective date of the

closure;

(3) Provide for adequate notification

of the closure to recreational

participants in the fishery; and

(4) Publish a notification of closure in

the Federal Register.

(c) Incidental catches. During a period

of closure of the directed fishery, the

trip limit for the species for which the

fishery is closed is 10 percent by weight

of the total amount of fish on board for

vessels with Loligo/butterfish

moratorium permits, Illex moratorium

permits or mackerel commercial

permits. During a period of closure of

the directed fishery, the trip limit for the

species for which the fishery is closed

is either 10 percent by weight of the

total amount of fish on board, or the

allowed level of incidental catch

specified in § 655.4(c)(1), whichever is

less.

§ 655.24 0Time and area restrictions for

directed foreign fishing.

Foreign fishing is regulated under the

provisions specified in § 611.50(b)(2).

§ 655.25 Gear restrictions.

(a) Mesh restriction and exemptions.

Owners or operators of otter trawl

vessels possessing Loligo squid

harvested in or from the EEZ may only

fish with nets having a minimum mesh

size of 17⁄8 inches (48 mm) diamond

mesh, inside stretch measure, applied

throughout the entire net. There are two

exemptions to this requirement:

(1) During the months of June, July,

August, and September, otter trawl

vessels fishing for Illex seaward of the

following coordinates (see Figure 1 to

part 655):

Point Latitude Longitude

.

Point M1 ........... 43°58.0′ N. 67°22.0′ W.

Point M2 ........... 43°50.0′ N. 68°35.0′ W.

Point M3 ........... 43°30.0′ N. 69°40.0′ W.

Point M4 ........... 43°20.0′ N. 70°00.0′ W.

Point M5 ........... 42°45.0′ N. 70°10.0′ W.

Point M6 ........... 42°13.0′ N. 69°55.0′ W.

Point M7 ........... 41°00.0′ N. 69°00.0′ W.

Point M8 ........... 41°45.0′ N. 68°15.0′ W.

Point M9 ........... 42°10.0′ N. 67°10.0′ W.

Point M10 ......... 41°18.6′ N. 66°24.8′ W.

Point M11 ......... 40°55.5′ N. 66°38.0′ W.

Point M12 ......... 40°45.5′ N. 68°00.0′ W.

Point M13 ......... 40°37.0′ N. 68°00.0′ W.

Point M14 ......... 40°30.0′ N. 69°00.0′ W.

Point M15 ......... 40°22.7′ N. 69°00.0′ W.

Point M16 ......... 40°18.7′ N. 69°40.0′ W.

Point M17 ......... 40°21.0′ N. 71°03.0′ W.

Point M18 ......... 39°41.0′ N. 72°32.0′ W.

Point M19 ......... 38°47.0′ N. 73°11.0′ W.

Point M20 ......... 38°04.0′ N. 74°06.0′ W.

Point M21 ......... 37°08.0′ N. 74°46.0′ W.

Point M22 ......... 36°00.0′ N. 74°52.0′ W.

Point M23 ......... 35°45.0′ N. 74°53.0′ W.

Point M24 ......... 35°28.0′ N. 74°52.0′ W.

Vessels fishing under this exemption

may not have available for immediate

use, as described in paragraph (b) of this

section, any net with mesh size less

than 17⁄8 inches (48 mm) diamond mesh

when the vessel is landward of the

specified coordinates.

(2) Vessels participating in the

directed fishery for sea herring,

provided that their catch comprises 75

percent or more by weight of sea

herring.

(b) Net stowage requirements. Otter

trawl vessels possessing Loligo squid

that are subject to the minimum mesh

size may not have ‘‘available for

immediate use’’ any net, or any piece of

net, not meeting the minimum mesh

size requirement, or any net, or any

piece of net, with mesh that is rigged in

a manner that is inconsistent with the

minimum mesh size. A net that

conforms to one of the following

specifications and that can be shown

not to have been in recent use, is

considered not to be ‘‘available for

immediate use’’:

(1) A net stowed below deck,

provided:
65630 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules

(i) it is located below the main

working deck from which the net is

deployed and retrieved;

(ii) the towing wires, including the leg

wires, are detached from the net; and

(iii) it is fan-folded (flaked) and bound

around its circumference; or

(2) A net stowed and lashed down on

deck, provided:

(i) it is fan-folded (flaked) and bound

around its circumference;

(ii) it is securely fastened to the deck

or rail of the vessel; and

(iii) the towing wires, including the

leg wires, are detached from the net; or

(3) A net that is on a reel and is

covered and secured, provided:

(i) the entire surface of the net is

covered with canvas or other similar

material that is securely bound;

(ii) the towing wires, including the leg

wires, are detached from the net; and

(iii) the codend is removed from the

net and stored below deck; or

(4) Nets that are secured in a manner

authorized in writing by the Regional

Director and published in the Federal

Register.

(c) Mesh obstruction or constriction.

Any combination of mesh or liners that

effectively decreases the mesh below the

minimum size is prohibited, except that

a liner may be used to close the opening

created by the rings in the rearmost

portion of the net, provided the liner

extends no more than 10 meshes

forward of the rearmost portion of the

net.

(d) Net obstruction or constriction.

The owner or operator of a fishing

vessel shall not use any device, gear, or

material, including, but not limited to,

nets, net strengtheners, ropes, lines, or

chafing gear, on the top of the regulated

portion of a trawl net that results in an

effective mesh opening of less than 17⁄8

inches (48 mm) mesh (inside stretch

measure); net strengtheners (covers),

splitting straps and/or bull ropes or wire

may be used, provided they do not

constrict the top of the regulated portion

of the net to less than effective 17⁄8

inches (48 mm) mesh (inside stretch

measure). ‘‘Top of the regulated portion

of the net’’ means the 50 percent of the

entire regulated portion of the net which

(in a hypothetical situation) would not

be in contact with the ocean bottom

during a tow if the regulated portion of

the net were laid flat on the ocean floor.

For the purpose of this paragraph, head

ropes shall not be considered part of the

top of the regulated portion of a trawl

net. Net strengtheners (covers) may not

have a mesh less than effective 4.5-inch

(11.43-cm) mesh (inside stretch

measure).

§ 655.26 Minimum fish sizes. [Reserved]

§ 655.27 Possession limits. [Reserved]

§ 655.28 At-sea observer coverage.

(a) The Regional Director may require

observers for any vessel holding a

permit issued under § 655.4.

(b) Owners of vessels selected for

observer coverage must notify the

appropriate Regional or Center Director,

as specified by the Regional Director,

before commencing any fishing trip that

may result in the harvest of Atlantic

mackerel, Loligo squid, Illex squid, or

butterfish. Notification procedures will

be specified in selection letters to vessel

owners.

(c) An owner or operator of a vessel

on which a NMFS-approved observer is

embarked must:

(1) Provide accommodations and food

that are equivalent to those provided to

the crew;

(2) Allow the observer access to and

use of the vessel’s communications

equipment and personnel upon request

for the transmission and receipt of

messages related to the observer’s

duties;

(3) Allow the observer access to and

use of the vessel’s navigation equipment

and personnel upon request to

determine the vessel’s position;

(4) Allow the observer free and

unobstructed access to the vessel’s

bridge, working decks, holding bins,

weight scales, holds, and any other

space used to hold, process, weigh, or

store fish; and

(5) Allow the observer to inspect and

copy any records associated with the

catch and distribution of fish for that

trip.

§ 655.29 Transfer-at-sea.

Only vessels issued a moratorium

permit under § 655.4(b) may transfer

Loligo, Illex, or butterfish at sea. Unless

authorized in writing by the Regional

Director, vessels issued an incidental

catch permit under 655.4(c) are

prohibited from transferring or

attempting to transfer Illex, Loligo, or

butterfish from one vessel to another

vessel.

§ 655.30 Experimental fishery.

(a) The Regional Director, in

consultation with the Executive Director

of the Council, may exempt any person

or vessel from the requirements of this

part for the conduct of experimental

fishing beneficial to the management of

the Atlantic mackerel, squid, or

butterfish resource or fishery.

(b) The Regional Director may not

grant such exemption unless he/she

determines that the purpose, design,

and administration of the exemption is

consistent with the objectives of the

FMP, the provisions of the Magnuson

Act, and other applicable law, and that

granting the exemption will not:

(1) Have a detrimental effect on the

Atlantic mackerel, squid, or butterfish

resource and fishery; or

(2) Cause any quota to be exceeded; or

(3) Create significant enforcement

problems.

(c) Each vessel participating in any

exempted experimental fishing activity

is subject to all provisions of this FMP

except those necessarily relating to the

purpose and nature of the exemption.

The exemption will be specified in a

letter issued by the Regional Director to

each vessel participating in the

exempted activity. This letter must be

carried on board the vessel seeking the

benefit of such exemption.

4. Figure 1 to part 655 is added to

read as follows:

BILLING CODE 3510–22–P
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules 65631

Figure 1 to Part 655—Exemption line to minimum net mesh-size requirement for Loligo squid

[FR Doc. 95-30821 Filed 12-15-95; 11:27 am]

BILLING CODE 3510–22–C