[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13077-13079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5999]



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[[Page 13078]]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 950306066-5066-01; I.D. 111594A]
RIN 0648-AH46


Northeast Multispecies Fishery; Emergency Interim Rule Extension 
and Amendment to Allow Vessel Transitting

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

ACTION: Emergency interim rule; amendment and extension of 
effectiveness.

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SUMMARY: An emergency interim rule, as amended, in effect through March 
12, 1995, is extended from March 13, 1995, through June 10, 1995, 
because conditions warranting the emergency rule still exist. This rule 
also amends the emergency interim rule to allow vessels to transit 
closed areas, provided that there is a demonstrable safety reason and 
fishing gear is properly stowed. The intent of this extension and 
amendment is to provide interim protection to various multispecies 
finfish stocks, especially haddock, cod, and yellowtail flounder while 
a more comprehensive set of management measures is developed to protect 
and begin rebuilding abundance levels of these species.

EFFECTIVE DATE: These amendments are effective March 13, 1995, through 
June 10, 1995. The emergency interim regulations published at 59 FR 
63926, December 12, 1994, and amended at 60 FR 3102, January 13, 1995, 
in effect through March 12, 1995, are extended from March 13, 1995, 
through June 10, 1995.

ADDRESSES: Copies of the Environmental Assessment (EA) supporting this 
action may be obtained from Jon C. Rittgers, Acting Regional Director, 
National Marine Fisheries Service, 1 Blackburn Drive, Gloucester, MA 
01930.

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

SUPPLEMENTARY INFORMATION: Under section 305(c) of the Magnuson Fishery 
Conservation and Management Act (Magnuson Act), NMFS promulgated an 
emergency interim rule (59 FR 63926, December 12, 1994) that 
implemented protective measures for multispecies finfish for the period 
December 12, 1994, through March 12, 1995. The emergency interim rule 
implemented: (1) A simultaneous closure of redefined Closed Area I, the 
Nantucket Lightship Closed Area, and Closed Area II; (2) a prohibition 
on scallop vessels in the closed areas; (3) a disallowance of any 
fishery utilizing mesh smaller than the minimum mesh size allowed for 
regulated species, with the exception of fisheries that have been 
determined to have a catch of less than 5 percent by weight of 
regulated species; (4) a prohibition on the possession of regulated 
species while fishing with small mesh; (5) a requirement that all 
mobile gear vessels fishing in the Stellwagen Bank and Jeffreys Ledge 
areas, with the exception of mid-water trawl and purse seine vessels, 
use 6-inch (15.24-cm) square mesh codends; and (6) an increase in the 
minimum mesh size in the Southern New England and Nantucket Lightship 
Regulated Mesh Areas to 6-inch (15.24-cm) diamond or square mesh.
    An amendment to the December 12, 1994, emergency interim rule (60 
FR 3102, January 13, 1995) made several modifications and 
clarifications, beginning January 10, 1995. That amendment, among other 
things, added allowable bycatch species to the exempted fisheries as 
defined in the December 12 emergency interim rule, allowed a bycatch 
fishery for longhorn sculpin in the Northern Shrimp Exemption Area, and 
allowed transitting in Closed Area I and the Nantucket Lightship Closed 
Area for vessels seeking safe haven.
    At the request of NMFS, the New England Fishery Management Council 
(Council) is preparing a Framework Adjustment (Framework Adjustment 9) 
to the Fishery Management Plan for the Northeast Multispecies Fishery 
(FMP) to implement these emergency measures on a permanent basis while 
a more comprehensive FMP amendment (Amendment 7) to address the long-
term objective of stock rebuilding is developed. On February 15, 1995, 
the Council voted to recommend extension of the emergency interim rule, 
as amended, for an additional 90 days as provided for in the Magnuson 
Act. NMFS agrees with the recommendation, because conditions warranting 
the emergency rule still exist. Therefore, under provisions of section 
305(c)(3)(B) of the Magnuson Act, NMFS extends the emergency interim 
rule, as amended, an additional 90 days, through June 10, 1995.
    Since Amendment 6 to the FMP (59 FR 32134, June 22, 1994) extended 
the timeframe for closure of Closed Area II through June of each year, 
extension of the Closed Area II provisions of the December 12 emergency 
rule has no impact on the fishery. However, the provisions in 
Sec. 651.21(d)(2) are extended for simplicity and revised to reflect 
U.S. Coast Guard policy as discussed below.
    In Sec. 651.21, paragraphs (d)(1), (2), and (3) are amended to 
reflect current U.S. Coast Guard policy that allows a fishing vessel to 
transit closed areas, provided that the vessel operator has a 
compelling and demonstrable safety reason and provided that the 
vessel's fishing gear is properly stowed. Paragraph (d)(1)(iv) is added 
to Sec. 651.21 as a stowage provision for hook gear vessels using gear 
other than pelagic hook gear.

Classification

    The Assistant Administrator, NOAA, finds that good cause exists 
under 5 U.S.C. 553(b)(B) to waive the requirements to provide prior 
notice and opportunity for public comment for the amendments to the 
interim emergency rule made by this action because they are made to 
reflect current U.S. Coast Guard practices and providing opportunity 
for public comment would serve no useful purpose. The changes made by 
the amendment portion of this action were in response to public 
comments received by the Council at two of its recent meetings since 
the original emergency rule action first became effective. Further, 
because the amendment to the emergency rule contained in this action 
relieves a regulatory restriction under 5 U.S.C. 553(d)(1), it is not 
subject to a 30-day delay in effective date. This action has been 
determined to be not significant under E.O. 12866.
    This rule is exempt from procedures of the Regulatory Flexbility 
Act to prepare a regulatory flexibility analysis because the rule is 
issued without opportunity for prior public comment. No analysis has 
been prepared.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 7, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 651 is amended 
as follows: [[Page 13079]] 

PART 651--NORTHEAST MULTISPECIES FISHERY

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

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

    2. Regulations published at 59 FR 63926, December 12, 1994, 
effective December 12, 1994, through March 12, 1995, and amended at 60 
FR 3102, January 13, 1995, effective January 10, 1995, through March 
12, 1995, are extended from March 13, 1995, through June 10, 1995.
    3. In Sec. 651.21, as temporarily amended at 59 FR 63926, December 
12, 1994, and 60 FR 3102, January 13, 1995, paragraphs (d)(1)(ii)(B), 
(d)(2)(ii)(B), and (d)(3)(ii)(C) are revised, and (d)(1)(iv) is added, 
effective March 13, 1995, through June 10, 1995, to read as follows 
(Note: Sec. 651.20(a)(b), and (c) are temporarily suspended through 
June 10, 1995; Sec. 651.20(d), as amended, remains temporarily added, 
through June 10, 1995):


Sec. 651.21  Closed areas.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (B) Transitting for compelling safety reasons, as determined by the 
fishing vessel operator, provided that fishing net gear is stowed in 
accordance with Sec. 651.20(c)(7), and scallop dredge gear and hook 
gear is stowed in accordance with paragraphs (d)(1)(iii) and (iv) of 
this section. A fishing vessel operator that cannot demonstrate a 
compelling safety reason for being in the closed area shall be subject 
to enforcement action.
* * * * *
    (iv) Hook gear vessels using gear other than pelagic hook gear and 
transitting closed areas as specified under paragraphs (d)(1), (2), and 
(3) of this section may not have fishing gear available for immediate 
use and must secure all anchors and buoys, and have all hook gear, 
including jigging machines, covered.
    (2) * * *
    (ii) * * *
    (B) Transitting for compelling safety reasons, as determined by the 
fishing vessel operator, provided that fishing net gear is stowed in 
accordance with Sec. 651.20(c)(7), and scallop dredge gear and hook 
gear is stowed in accordance with paragraphs (d)(1)(iii) and (iv) of 
this section. A fishing vessel operator that cannot demonstrate a 
compelling safety reason for being in the closed area shall be subject 
to enforcement action.
    (3) * * *
    (ii) * * *
    (C) Transitting for compelling safety reasons, as determined by the 
fishing vessel operator, provided that fishing net gear is stowed in 
accordance with Sec. 651.20(c)(7), and scallop dredge gear and hook 
gear is stowed in accordance with paragraphs (d)(1)(iii) and (iv) of 
this section. A fishing vessel operator that cannot demonstrate a 
compelling safety reason for being in the closed area shall be subject 
to enforcement action.
[FR Doc. 95-5999 Filed 3-9-95; 8:45 am]
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