[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Rules and Regulations]
[Pages 3102-3105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-927]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 950109008-5008-01; I.D. 122894A]


Northeast Multispecies Fishery; Amendment to an Emergency Interim 
Rule

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

ACTION: Emergency interim rule; amendment.

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SUMMARY: NMFS issues this emergency interim rule to amend an existing 
emergency interim rule concerning the Northeast Multispecies Fishery. 
This [[Page 3103]] rule specifies among other things, that allowable 
bycatch species have been added to the exempted fisheries as defined in 
the existing emergency interim rule, that a bycatch fishery for 
longhorn sculpin will be allowed in the Northern Shrimp Exemption Area, 
and that transitting through closed areas established by the existing 
emergency interim rule will be allowed for vessels seeking safe haven.

EFFECTIVE DATE: January 10, 1995, through March 12, 1995.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, NMFS, Fishery Policy 
Analyst, 508-281-9252 or Bridgette S. Davidson, NMFS, Fishery 
Management Specialist, 508-281-9347.

SUPPLEMENTARY INFORMATION: The New England Fishery Management Council 
(Council) submitted Amendment 5 to the Northeast Multispecies Fishery 
Management Plan on September 27, 1993. Amendment 5, with some 
exceptions, was approved on January 3, 1994. The final rule for 
Amendment 5 was published, and effective for the most part, on March 1, 
1994 (59 FR 9872). On December 12, 1994, an emergency interim rule was 
published (59 FR 63926), and became effective. This action makes 
several modifications or clarifications to the December 12 emergency 
interim rule.
    Section 651.20(a)(8) and (9) are revised to clarify that transit is 
allowed through the Stellwagen Bank/Jeffreys Ledge (SB/JL) juvenile 
protection area, if nets that are not of proper configuration for 
trawling in this area are properly stowed. Net stowage requirements at 
Sec. 651.20(c)(7) are revised to incorporate the SB/JL juvenile 
protection area transit provision.
    Provisions at Sec. 651.21(d)(1)(ii) and (d)(3)(ii) are modified to 
include, in Closed Area I and the Nantucket Lightship Closed Area, 
entry of vessels seeking safe haven from storm conditions. These 
sections are modified due to safety concerns.
    Section 651.21(d)(2)(ii) is revised to include a reference to 
Sec. 651.21(d)(1)(iii), which will define the stowage provision for 
scallop dredge gear. This definition of a stowed scallop dredge is 
added due to the inability of scallop dredge gear to be stowed in 
compliance with the net stowage requirements specified under 
Sec. 651.21(c)(7).
    Sections 651.20(a)(7)(i) and (iii) are revised to clarify that in 
the Northern Shrimp Exemption Area, a vessel fishing for northern 
shrimp may direct its fishing effort on northern shrimp only and may 
not possess or retain any other species with the exception of an 
allowable bycatch of longhorn sculpin.
    Sections 651.20(c)(6)(ii) and (d)(5)(ii) are revised to specify 
additional bycatch species allowed to be retained in the exempted 
fisheries as defined by the December 12 emergency interim rule. The 
bycatch species allowed under this amendment meet the same criteria as 
those bycatch species allowed under the December 12 emergency interim 
rule. These species were not raised as potential bycatch species in 
time to be considered for the December 12 emergency interim rule. 
Specifically, these species are caught incidentally to the exempted 
fisheries as defined by the December 12 emergency interim rule. It is 
unlikely that there would be an incentive to direct on these bycatch 
species, or if a vessel did direct on them, it is unlikely that they 
would catch regulated multispecies. This addition preserves the 
original intent of the requirement without overly burdening the 
industry or creating unnecessary discards.
    This action also adds scientific names for the other allowable 
bycatch to help in species identification.
    All exempted small-mesh fisheries and species which are caught 
incidentally to them, are subject to any applicable fishery management 
plans and their implementing regulations contained within Title 50, 
CFR.

Classification

    This emergency interim rule amends an existing emergency interim 
rule, for the remainder of its short duration, for safety 
considerations and to clarify an exemption to the existing emergency 
interim rule. Given the limited time of these rules' applicability and 
that these modifications serve to refine and broaden an existing 
exemption, prior notice and opportunity for public comment would be 
impracticable and unnecessary. As such, good cause exists to waive 
these requirements pursuant to authority at 5 U.S.C. section 553(b)(B). 
Further, because this emergency interim rule relieves a regulatory 
restriction and amends an existing rule for safety concerns there is 
good cause under 5 U.S.C. sections 553(d)(1) and (3) to waive the 30-
day delay in effective date.
    This action has been determined to be ``not significant'' for the 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 10, 1995.
Charles Karnella,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 651 is amended 
as follows:
PART 651--NORTHEAST MULTISPECIES FISHERY

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

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

    2. In Sec. 651.9, paragraph (e)(36), which was temporarily added at 
59 FR 63929, December 12, 1994, effective December 12, 1994, through 
March 12, 1995, is temporarily revised, effective January 10, 1995, 
through March 12, 1995, to read as follows. On March 12, 1995, 
Sec. 651.9(e)(36) will expire.
Sec. 651.9  Prohibitions.
* * * * *
    (e) * * *
    (36) Fish with or possess within the areas described in
    Sec. 651.20(a)(1) nets of mesh smaller than the minimum size 
specified in Sec. 651.20(a)(6), unless the vessel is exempted under 
Sec. 651.20(a)(7), (a)(9), (e) or (f), or unless the vessel qualifies 
for the exception specified in paragraph (e)(1)(ii) of this section.
* * * * *
    3. In Sec. 651.20, paragraphs (a)(7)(i), (a)(7)(iii), (a)(8) 
introductory text, (a)(9), (c)(6)(ii), (c)(7) introductory text, and 
(d)(5)(ii), which were temporarily added at 59 FR 63929, December 12, 
1994, effective December 12, 1994, through March 12, 1995, are 
temporarily revised, effective January 10, 1995, through March 12, 
1995, to read as follows. On March 12, 1995, Sec. 651.20(a)(7)(i), 
(a)(7)(iii), (a)(8) introductory text, (a)(9), (c)(6)(ii), (c)(7) 
introductory text and (d)(5) will expire.


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

* * * * *
    (a) * * *
    (7) * * *
    (i) Possession limit. A vessel fishing under this exemption may not 
fish for, possess on board or land any species of fish other than 
shrimp. However, vessels may retain longhorn sculpin (Myoxocephalus 
octodecimspinosus) as an allowable bycatch species in the Northern 
Shrimp Exemption Area as described in this section.
* * * * *
    (iii) A vessel may only fish for or harvest northern shrimp, with 
the exception that a vessel may retain longhorn sculpin as an allowable 
bycatch species, during the northern [[Page 3104]] shrimp season, as 
established by the Atlantic States Marine Fisheries Commission (ASMFC). 
The northern shrimp season is December 1 through May 30, or as modified 
by the ASMFC.

    (8) Stellwagen Bank/Jeffreys Ledge (SB/JL) juvenile protection 
area. Except as provided in paragraphs (a)(7), (a)(9), (e) and (f) of 
this section, the minimum mesh size for any trawl net or Scottish seine 
in use, or available for use as described under paragraph (c)(7) of 
this section, by a vessel fishing in the following area shall be 6 
inches (15.24 cm) square mesh in the last 50 bars of the codend and 
extension piece for vessels 45 ft (13.7 m) and less, and in the last 
100 bars of the codend and extension piece for vessels greater than 45 
ft (13.7 m).
* * * * *

    (9) Transitting. (i) Vessels subject to the mesh requirements 
specified in paragraph (a)(6) of this section may transit through the 
Northern Shrimp Exemption Area defined in paragraph (a)(7) of this 
section with nets on board with mesh smaller than the minimum size 
specified in paragraph (a)(6) of this section, provided that the nets 
are stowed in accordance with the provisions of paragraph (c)(7) of 
this section, and provided the vessel has no fish on board; and

    (ii) Vessels subject to the mesh requirements specified in 
paragraph (a)(6) of this section may transit through the SB/JL juvenile 
protection area defined in paragraph (a)(8) of this section with nets 
on board that do not conform to the requirements specified in 
paragraphs (a)(6) or (a)(8) of this section, provided that the nets are 
stowed in accordance with the provisions of paragraph (c)(7) of this 
section.
* * * * *

    (c) * * *

    (6) * * *

    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh less than the 
minimum size specified in paragraph (c)(5) of this section, provided 
that the nets are stowed and are not available for immediate use in 
accordance with paragraph (c)(7) of this section, and provided that 
regulated species were not harvested by nets of mesh size smaller than 
the minimum mesh size specified in paragraph (c)(5) of this section. 
Vessels may only fish for, or retain, butterfish, dogfish, herring, 
mackerel, ocean pout, scup, shrimp, Loligo squid, Illex squid, summer 
flounder, whiting and/or weakfish, while fishing with nets of mesh 
smaller than the minimum size specified in paragraph (c)(5) of this 
section. Vessels fishing for these species under the exemption provided 
herein may also possess and retain the following species as incidental 
take to these exempted fisheries: Conger eels (Conger oceanicus); 
searobins (species in the family Triglidae); black sea bass 
(Centropristis striata); red hake; tautog (blackfish)(Tautoga onitis); 
blowfish (puffer)(species in the family Tetraodontidae); cunner 
(Tautogolabrus adspersus); John Dory (Zenopsis conchifera); mullet 
(species in the family Mugilidae); bluefish (Pomatomus saltatrix); 
tilefish (Lopholatilus chamaeleonticeps); longhorn sculpin 
(Myoxocephalus octodecimspinosus); fourspot flounder (Paralichthys 
oblongus); alewife (Alosa pseudoharengus); hickory shad (Alosa 
mediocris); American shad (Alosa sapidissima); blueback herring (Alosa 
aestivalis); sea ravens (Hemitripterus americanus); Atlantic croaker 
(Micropogonias undulatus); spot (Leiostomus xanthurus); and swordfish 
(Xiphias gladius).
    (7) Net stowage requirements. Any person on a fishing vessel or any 
fishing vessel subject to the net stowage or transitting requirements 
of this section may not have available for immediate use any net not 
meeting the regulated mesh requirements as specified in paragraphs 
(a)(7), (a)(8), (c)(5), and (d)(4) of this section and, as applicable, 
in the areas and for the times specified in Sec. 651.32(c). A net that 
conforms to one of the following specifications and that can be shown 
not to have been in recent use is considered to be not ``available for 
immediate use:''
* * * * *
    (d) * * *
    (5) * * *
    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh less than the 
minimum size specified in paragraph (d)(4) of this section, provided 
that the nets are stowed and are not available for immediate use in 
accordance with paragraph (c)(7) of this section, and provided that 
regulated species were not harvested by nets of mesh size smaller than 
the minimum mesh size specified in paragraph (d)(4) of this section. 
Vessels may only fish for, or retain, butterfish, dogfish, herring, 
mackerel, ocean pout, scup, shrimp, Loligo squid, Illex squid, summer 
flounder, whiting weakfish, and/or scallops while fishing with nets of 
mesh smaller than the minimum size specified in paragraph (d)(4) of 
this section. Vessels fishing for these species under the exemption 
provided herein may also possess and retain the following species as 
incidental take to these exempted fisheries: Conger eels (Conger 
oceanicus); searobins (species in the family Triglidae); black sea bass 
(Centropristis striata); red hake; tautog (blackfish)(Tautoga onitis); 
blowfish (puffer)(species in the family Tetraodontidae); cunner 
(Tautogolabrus adspersus); John Dory (Zenopsis conchifera); mullet 
(species in the family Mugilidae); bluefish (Pomatomus saltatrix); 
tilefish (Lopholatilus chamaeleonticeps); longhorn sculpin 
(Myoxocephalus octodecimspinosus); fourspot flounder (Paralichthys 
oblongus); alewife (Alosa pseudoharengus); hickory shad (Alosa 
mediocris); American shad (Alosa sapidissima); blueback herring (Alosa 
aestivalis); sea ravens (Hemitripterus americanus); Atlantic croaker 
(Micropogonias undulatus); spot (Leiostomus xanthurus); swordfish 
(Xiphias gladius); and skate (species in the family Rajidae).
* * * * *
    4. In Sec. 651.21, paragraphs (d)(1)(ii) and (d)(2)(ii)(B), which 
were temporarily added at 59 FR 63932, December 12, 1994, effective 
December 12, 1994, through March 12, 1995, are temporarily revised, and 
paragraphs (d)(1)(iii) and (d)(3)(ii)(C) are temporarily added, 
effective January 10, 1995, through March 12, 1995, to read as follows. 
On March 12, 1995, Sec. 651.21(d)(1)(ii), (d)(1)(iii), (d)(2)(ii)(B) 
and (d)(3)(ii)(C) will expire.


Sec. 651.21  Closed areas.

* * * * *

    (d) * * *

    (1) * * *

    (ii) Paragraph (d)(1)(i) of this section does not apply to persons 
on fishing vessels or fishing vessels:
    (A) Fishing with or using pot gear designed and used to take 
lobsters, and which have no other gear on board capable of catching 
multispecies finfish;
    (B) Seeking safe haven from storm conditions. Such fishing vessels 
may transit through the closed area providing that:
    (1) Gale, storm, or hurricane conditions are posted for the area by 
the National Weather Service;
    (2) Such vessels do not fish in the area;
    (3) Fishing net gear is stowed in accordance with
    Sec. 651.20(c)(7) and scallop dredge gear is stowed in accordance 
with paragraph (d)(1)(iii) of this section; and
    (4) The vessel provides notice to a patrolling U.S. Coast Guard 
aircraft or [[Page 3105]] vessel in the vicinity of Georges Bank by 
high frequency radio (2.182 kHz) of its intention of transitting the 
closed area, the time and position when the vessel enters the area and 
the time and position when the vessel exits the closed area.
    (iii) Scallop dredge vessels transitting the 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 detach the 
towing wire from the scallop dredge, reel the wire up onto the winch, 
and secure and cover the dredge so that it is rendered unusable for 
fishing.
    (2) * * *
    (ii) * * *
    (B) Seeking safe haven from storm conditions in waters adjacent to 
the western edge of the closed area. Such fishing vessels may transit 
through the closed area in accordance with paragraph (d)(1)(ii)(B) of 
this section.
    (3) * * *
    (ii) * * *
    (C) Seeking safe haven from storm conditions. Such fishing vessels 
may transit through the closed area in accordance with paragraph 
(d)(1)(ii)(B) of this section.
[FR Doc. 95-927 Filed 1-10-95; 3:13 pm]
BILLING CODE 3510-22-F