19364 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

50 CFR Part 646

[Docket No. 950110009–5009–01; I.D.

041095B]

RIN 0648–AH45

Snapper-Grouper Fishery Off the

Southern Atlantic States; Landing Gag

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule;

extension of effectiveness.

SUMMARY: An emergency interim rule is

in effect through April 18, 1995, that

requires selected vessels in the

commercial snapper-grouper fishery to

land gag in a whole condition. NMFS

extends the emergency interim rule

because conditions justifying the

emergency action remain unchanged.

The intended effect of this rule is to

facilitate the collection of biological

data necessary for the management of

gag.

EFFECTIVE DATE: The amendments to part

646 published on January 18, 1995, at

60 FR 3562 are extended from April 19,

1995, through July 17, 1995, unless

terminated earlier by notification in the

Federal Register.

ADDRESSES: Copies of documents

supporting this action, including an

environmental assessment, may be

obtained from Peter J. Eldridge,

Southeast Regional Office, NMFS, 9721

Executive Center Drive N., St.

Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT:

Peter J. Eldridge, 813–570–5305.

SUPPLEMENTARY INFORMATION: Snappergrouper species off the southern

Atlantic states are managed under the

Fishery Management Plan for the

Snapper-Grouper Fishery of the South

Atlantic (FMP). The FMP was prepared

by the South Atlantic Fishery

Management Council (Council) and is

implemented through regulations at 50

CFR part 646 under the authority of the

Magnuson Fishery Conservation and

Management Act (Magnuson Act).

Under section 305(c) of the Magnuson

Act, NMFS published an emergency

interim rule (60 FR 3562, January 18,

1995) that requires selected vessels in

the commercial snapper-grouper fishery

to land gag in a whole condition so that

their reproductive organs may be

collected by NMFS port agents for

analysis. Such analysis is vital to

determinations of the reproductive

capacity of the resource. Because an

insufficient number of reproductive

organs have been collected, the Council

requested extension of the emergency

interim rule through as late as July 17,

1995, with earlier termination if

sufficient samples for analysis are

collected. NMFS concurs with the

Council’s request. In accordance with

sections 305(c)(3)(B) and (C) of the

Magnuson Act, NMFS extends the

emergency interim rule through July 17,

1995, unless terminated earlier by

notification in the Federal Register.

Details concerning the basis for this

action and the classification of the

rulemaking are contained in the initial

emergency interim rule and are not

repeated here.

Dated: April 13, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–9543 Filed 4–13–95; 4:52 pm]

BILLING CODE 3510–22–F

50 CFR Part 651

[Docket No. 950410096–5096–01; I.D.

032295C]

RIN 0648–AH66

Northeast Multispecies Fishery;

Framework 9

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement Framework Adjustment 9 to

the Northeast Multispecies Fishery

Management Plan (FMP). This rule

implements on a permanent basis

several measures originally imposed by

a temporary emergency rule, with some

modifications and additions: A yearround closure of redefined Closed Area

I, the Nantucket Lightship Closed Area,

and Closed Area II; a small mesh

prohibition (with exception criteria) and

a prohibition on possession of regulated

species while fishing with small mesh;

mesh restrictions in the Gulf of Maine

juvenile protection areas; an increase in

the minimum mesh size in southern

New England; a prohibition on scallop

dredge vessels from retaining regulated

species when they are not fishing under

the scallop days-at-sea (DAS) program,

and a requirement that the small mesh

bycatch provisions apply; and a winter

flounder fishing exemption for vessels

fishing with small mesh when in state

waters, under certain conditions. The

intended effect of this rule is to provide

some continuing protective measures on

groundfish stocks, especially haddock,

cod, and yellowtail flounder, while a

more comprehensive plan amendment

is developed. Exemptions contained in

this action are designed to minimize

economic impacts on fishermen without

compromising the effects of protective

measures on groundfish.

EFFECTIVE DATES: April 13, 1995, except

§ 651.20(i), which is effective May 18,

1995, §§ 651.20(a)(6)(iii)(B), 651.20(j)(1),

and 651.21(c)(2)(iv)(A) which require

approval by the Office of Management

and Budget (OMB) under the Paperwork

Reduction Act. When OMB approval is

received, the effective dates of those

paragraphs will be announced in the

Federal Register.

ADDRESSES: Copies of Amendment 5 to

the FMP, its regulatory impact review

(RIR) and the initial regulatory

flexibility analysis contained within the

RIR, its final supplemental

environmental impact statement, and

Framework Adjustment 9 (including the

Environmental Assessment (EA)

supporting the December 12, 1994

emergency action) are available upon

request from Douglas G. Marshall,

Executive Director, New England

Fishery Management Council, 5

Broadway, Saugus, MA 01906–1097.

Comments regarding burden-hour

estimates for collection-of-information

requirements contained in this final rule

should be sent to Richard Roberts,

NOAA Information Resources

Management Staff, OA1X1, Room 724,

6010 Executive Boulevard, Rockville,

MD 20852, and to the Office of

Information and Regulatory Affairs

(Attention: NOAA Desk Officer), Office

of Management and Budget,

Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:

Susan A. Murphy, Fishery Policy

Analyst, 508–281–9252.

SUPPLEMENTARY INFORMATION: Based on

new scientific information, the

Northeast Regional Stock Assessment

Workshop issued a ‘‘Special Advisory:

Groundfish Status on Georges Bank,’’

and delivered this advisory, along with

its 18th Stock Assessment report, to the

New England Fishery Management

Council (Council) at its August 9–10,

1994, meeting. Because of the collapsed

condition of yellowtail flounder and

haddock stocks and the strong

possibility of collapse of the cod stock,

the advisory expressed a need to

immediately begin addressing this

crisis, stating that management

measures contained in Amendment 5

are not nearly sufficient to rebuild these

stocks.

Council’s response to this

unprecedented advisory was to begin

immediately to develop Amendment 7,

with the objective of reducing fishing
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19365

mortality to as close to zero as

practicable, to rebuild the key stocks of

concern. Options for this FMP

amendment are currently being

developed to take to public hearing, and

its completion and implementation are

expected, at the soonest, early next year.

Due to the length of time needed to

complete the amendment process, the

Council recommended and NMFS

approved, an emergency interim rule

(59 FR 63926) on December 12, 1994, to

implement immediate protective

measures to reduce fishing effort on

haddock, cod, and yellowtail flounder,

and other groundfish.

An emergency action amendment,

published on January 13, 1995 (60 FR

3102), made several changes to the

emergency rule, including: The addition

of several allowable bycatch species to

the exempted species list and a revision

of the transiting provision for Closed

Area I and the Nantucket Lightship

Closed Area for safety reasons, so that

vessels may transit during storm

conditions, provided that the gear is

properly stowed.

In order to avoid a hiatus between the

emergency action and Amendment 7,

the Council, at the strong urging of

NMFS, initiated the present framework

adjustment, so that the rules

promulgated under the emergency

action would remain in place until such

time that Amendment 7 could be

implemented. Failure to implement

these measures permanently through a

framework adjustment before expiration

of the emergency rule action would

increase the likelihood of further

reductions in stock abundance of

various groundfish species.

Since Framework Adjustment 9 could

not be implemented before the

expiration of the 90-day emergency

action, the Council voted at its February

15–16, 1995, meeting to recommend an

extension of the emergency action. This

extension (60 FR 13078), effective

March 13, 1995, through June 10, 1995,

incorporated the emergency action and

its amendment, and further amended

the emergency rule by allowing fishing

vessels to transit the closed areas,

provided the operator has a

demonstrable safety reason and

provided the vessel’s fishing gear is

properly stowed.

Framework 9 implements with some

modifications, the measures imposed by

the existing emergency interim rule as

follows: A year-round closure of a

redefined (expanded) Closed Area I, the

Nantucket Lightship Closed Area, and

Closed Area II; 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; a

prohibition on the possession of

regulated species while fishing with

small mesh; a requirement that all

mobile gear vessels fishing in the

Stellwagen Bank and Jeffreys Ledge

areas, with the exception of mid-water

trawl vessels, use a minimum 6-inch

(15.24 cm) square mesh codend; and 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.

During the comment period required

over two Council meetings in the

development of Framework Adjustment

9, several modifications and additions

to the emergency action were made with

the intent to mitigate some of the

economic impacts imposed by the

emergency, without compromising its

ability to protect the principal

groundfish stocks.

Framework 9 implements an

exemption to the Nantucket Lightship

Closed Area for recreational and party/

charter vessels. Under this exemption,

party/charter vessels are required to

obtain and have on board an

authorization letter from the Director,

Northeast Region, NMFS (Regional

Director). Recreational and party/charter

vessels are prohibited from selling any

fish that are caught (regardless of where

they are caught), and are prohibited

from possessing any gear except rod and

reel or hand gear on board the vessel.

NMFS’ database does not include catch

information, by area, for the recreational

sector, but industry comments indicate

that the recreational target species in

this area is primarily white hake, with

pollock and cod being caught to a lesser

extent. Fishing is likely to be limited to

only the larger charter vessels, because

of this area’s distance from shore. The

exemption with its restriction on sale

and gear should have a minimal impact

on the depleted stocks, but is expected

to mitigate the economic burden on this

sector of the industry, according to

public and Council member testimony.

The other closed areas remain closed all

to recreational fishing.

This framework allows vessels using

pelagic hook gear (both recreational and

commercial) and pelagic harpoon gear

to fish in the closed areas, provided

there is no retention of regulated

species. Since pelagic hook gear lands

virtually no multispecies, and harpoon

gear is incapable of catching groundfish,

these fisheries will have no impact on

the stocks of concern. An explanation of

both pelagic longline gear and harpoon

gear is included under the definitions

section.

Under this framework action, the

hagfish pot fishery is also allowed to

occur in the closed areas. Based on

anecdotal information and because of

the design of the gear, this relatively

small fishery takes almost no regulated

species and consequently has no impact

on the resource the framework measures

seek to protect.

The Northeast Fisheries Science

Center (NEFSC) has commented that the

year-round area closures will have a

beneficial conservation effect, although

they are insufficient to ensure stock

recovery.

Although both U.S. Coast Guard

(USCG) and NMFS Enforcement

(Enforcement) have expressed concern

that allowing any additional vessels

fishing access to the closed areas would

compromise the ability to enforce such

closures, the Council recommended and

NMFS has approved these exceptions

because they relieve an economic

burden on the fishing industry, have

relatively little or no impact on the

groundfish stocks, and in some cases

will help mitigate gear conflicts outside

of the closed areas. In addition, the

exempted gears are readily

distinguishable from other gear types.

This framework adjustment also

allows vessels to transit freely Closed

Area I and the Nantucket Lightship

Closed Area, provided that the gear is

not available for immediate use and is

properly stowed. Again, USCG and

Enforcement have indicated that this

measure would affect enforcement

operations. However, the Council

recommended and NMFS concurred

that the benefit of allowing free and

open transit outweighs this concern,

because the economic burden of

requiring vessels to steam around these

large areas is significant for many such

vessels, both in terms of lost time and

fuel costs. The USCG and NMFS have

both issued toll-free telephone numbers

to be used by the fishing industry in

reporting violations to the rules and

regulations. Fishers have indicated that

they want be more involved in reporting

violators, since they are becoming

increasingly aware that any

infringement on the regulations will

only hurt them in the long run through

the need for additional restrictions on

the entire fleet.

Vessels are also allowed to transit the

Gulf of Maine/Georges Bank regulated

mesh area with small-mesh nets and

small-mesh species on board, provided

that the vessel has on board an

authorization letter from the Regional

Director, does not fish or possess

regulated species, and does not fish for
19366 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

other prohibited species in the nonexempt areas. This provision is added to

this final rule because under the

emergency action vessels were allowed

to transit the Small-Mesh Exemption

Area and fish outside of that area,

provided that when they were transiting

this area their small mesh nets were

stowed and they did not have fish on

board. However, due to this restriction,

the vessels with home ports in this area,

which runs from Maine to

Massachusetts, were not allowed to

transit back to their home port to

offload. The transiting provision will

remove this restriction while not

affecting the conservation objective of

the small-mesh prohibition.

Framework Adjustment 9 also

expands the allowable bycatch species

that may be retained when fishing under

the small-mesh exempted species

program. This framework adjustment

allows retention of two standard totes of

silver hake in the northern shrimp

fishery, as well as the retention of

limited amounts of monkfish and

lobster in all of the exempted smallmesh fisheries. For monkfish, a vessel is

restricted to 10 percent of the total

weight of other fish possessed on board.

For lobster, a vessel is allowed 10

percent of the total weight of other fish

on board or 200 lobsters, whichever is

less. While these species are not

exempted directed fisheries under the

small-mesh program in their particular

areas, the caps placed on each of them

represent a legitimate bycatch in the

exempted fisheries and because the caps

are low enough they do not provide an

incentive to direct on these species.

This adjustment will reduce discards

and provide additional revenue to the

industry.

This framework adjustment also

imposes restrictions on vessels fishing

with scallop dredge gear when they are

not fishing under the scallop DAS

program and on vessels fishing with

scallop dredge gear with general scallop

permits. Under this rule, these vessels

are prohibited from retaining regulated

species and are subject to the same

bycatch restrictions applicable to the

small-mesh fisheries, except that a

vessel may possess up to 400 lb (181.44

kg) of shucked scallops as specified

under 50 CFR Part 650, Atlantic Sea

Scallop Fishery. Because scallop dredge

vessels have increased their efforts on

other species, including monkfish,

lobster and yellowtail flounder, when

not fishing for scallops, the harvesting

and discarding of groundfish is

uncontrolled and potentially significant.

The Council believes, and NMFS

concurs, that without any limitations on

this practice, it will escalate as scallop

DAS are further reduced. Vessels

operating under the state waters scallop

fishery, as described under the Atlantic

Sea Scallop FMP, are exempt from this

requirement.

The Regional Director has determined

that the Cultivator Shoal whiting fishery

also meets the small-mesh exemption

requirement and, therefore, is allowed

under this framework adjustment,

subject to the same restrictions as other

small-mesh fisheries. In addition to

whiting, vessels fishing under this

exemption may retain, as allowable

bycatch species, longhorn sculpin, and

the bycatch provisions specified for

monkfish and lobsters.

Finally, Framework Adjustment 9

exempts vessels that hold a Federal

multispecies permit from the Federal

mesh requirements when fishing on

winter flounder in state waters,

provided the following conditions are

met: The vessel has on board a

certificate issued by a state agency

authorizing the vessel’s participation in

that state’s winter flounder fishing

program and is in compliance with the

applicable state laws pertaining to

minimum mesh size for winter flounder;

the vessel is fishing exclusively in the

waters of the state from which the

exemption certificate was obtained; the

applicable state’s winter flounder plan

has been approved by the Atlantic

States Marine Fisheries Commission

(ASMFC) as being in compliance with

the ASMFC Winter Flounder Fishery

Management Plan; the state elects, by a

letter to the Regional Director, to

participate in the exemption program

described in this section; fishing vessels

issued a limited access permit that are

fishing under the DAS program or under

the small boat or sink gillnet DAS

exemption program specified under

§ 651.22(d), do not fish for, possess or

land regulated species, exclusive of

winter flounder; the vessel does not

enter or transit the EEZ; and the vessel

does not enter or transit the waters of

another state unless such other state is

participating in the exemption program

and the vessel is enrolled in that state’s

program.

Vessels fishing under the state waters

winter flounder exemption program

with a possession-limit-only permit, or

vessels subject to the effort control

programs and declared out of the

multispecies fishery, or who are not

fishing under the DAS program, may

possess up to the possession limit of

winter flounder, provided the vessel

does not fish for regulated species,

exclusive of winter flounder. Vessels

using hook gear and fishing under the

hook-gear-only categories would

continue to be exempt from any

possession limit on regulated species.

The ASMFC approved a fishery

management plan for inshore stocks of

winter flounder in May, 1992. The

plan’s fishing mortality objectives, a

maximum spawning potential (MSP)

target of 30 percent by January 1, 1995,

and a MSP target of 40 percent by

January, 1999, are more restrictive than

the FMP for federally managed stocks

(20 percent MSP). The ASMFC also

allows individual states to utilize

different measures to achieve the same

objective. Under the multispecies

regulations, when a federally permitted

vessel is fishing for winter flounder in

state waters, the most restrictive of

either the state or Federal regulations

apply. This framework alleviates the

cumulative impact of winter flounder

regulations on the fishing industry,

while still achieving the most

conservative management objective for

other regulated species as defined in the

FMP. The requirement that vessels must

retain an exemption certificate issued by

the state on board the vessel should

mitigate any enforcement problem that

this rule would impose.

Since redefined Closed Area I, as

outlined in this framework action,

overlaps the Cultivator Shoal Whiting

Area, § 651.20, paragraph (a)(4), has

been changed to reflect the reduced size.

Also, because this framework requires

vessels to have 6-inch (15.24-cm) mesh,

diamond or square, when fishing on

regulated species in the southern New

England and Nantucket Lightship

regulated mesh areas, and because

vessels are now allowed to transit the

Nantucket Lightship regulated mesh

area with small mesh, the Nantucket

Lightship regulated mesh area

distinction is no longer valid. However,

to maintain the numbering sequence of

the prohibitions, for enforcement

purposes, this section is reserved as

specified in § 651.20(b).

This action also adds scientific names

for the added allowable bycatch species

to help in species identification.

Further, paragraph (e)(4) is added to

§ 651.21 as a stowage provision for sink

gillnet gear when transiting the closed

areas.

NMFS is amending the multispecies

regulations following the procedure for

framework adjustments established by

Amendment 5 and codified in 50 CFR

651, subpart C. The Council followed

this procedure when making

adjustments to the FMP, by developing

and analyzing the actions over the span

of a minimum of two Council meetings.

Framework Adjustment 9 was initiated

at the Council’s December 7–8, 1994,

meeting and was followed by meetings
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19367

on January 11–12, 1995, and February

15–16, 1995. The Council provided the

public with advance notice of both the

proposal and the analysis, and

opportunity to comment on them prior

to and at the February 15–16 Council

meeting. Upon review of the analysis

and public comment, the Council

recommended to the Regional Director

that the measures contained in

Framework Adjustment 9 be published

as a final rule. The Regional Director has

determined that the measures in

Framework Adjustment 9 are

appropriate to publish as a final rule.

Because many of the measures

contained within this rule relieve a

burden on the fishing industry, it is the

intent of the Council and NMFS that

Framework Adjustment 9 supersede the

extension to the emergency action.

The Council has clearly stated that

this framework adjustment, with its

modifications, does not necessarily

reflect its policies in regard to the

development of Amendment 7.

Comments and Responses

Written comments were submitted by

Capt. John Boats, Inc., East Coast

Fisheries Federation, Inc., Greenpeace,

NMFS Office of Enforcement (NE

Region), Plum Island Surfcasters, Ram

Point Marina, Inc., Seafarers

International Union of No. America

(AFL–CIO), Shinnecock Marlin & Tuna

Club, Inc., The Fisherman Magazine,

U.S. Coast Guard, Zonta Club of

Northampton, and 1,168 individuals

including Congressman Patrick J.

Kennedy (RI). One association and three

individuals supported everything in the

framework amendment. Several letters

addressed solutions that are not within

the scope of this framework

amendment. The majority of letters

addressed the exemption for

recreational vessels fishing in the

Nantucket Lightship Closed Area.

Comment 1: Of the 1,168 individual

letters, 664 were signed form letters

submitted by a representative of the

Francis Fleet supporting an exemption

for recreational fishing in the yellowtail

area south of Nantucket. Most of the

remainder were signed form letters

submitted independently, but identical

to the Francis Fleet submission,

supporting a recreational exemption.

Further, Congressman Kennedy

supported the recreational exemption.

Four associations supported the

exemption.

Response: The letters of support have

been noted and an exemption for

recreational and charter vessels in the

Nantucket Lightship Closed Area, under

the conditions specified in this

framework, has been approved.

Comment 2: Two of the associations

(one of which attached a petition signed

by 28 individuals) and eight individuals

supported exempting recreational

fisheries from the possible closing of

Georges Bank.

Response: The only recreational

fishing exemption under consideration

by the New England Fishery

Management Council during the

framework process was a proposal to

exempt recreational fishing in the

Nantucket Lightship Closed Area. The

issue of closing additional areas will be

dealt with by Amendment 7 to the

Northeast Multispecies FMP. Therefore,

comments supporting a recreational

fishing exemption on Georges Bank

should be made during hearings to be

scheduled regarding Amendment 7.

Comment 3: One association

(speaking for recreational fishing

vessels) opposed the transiting

prohibition through the Nantucket

Lightship Closed Area. It stated that the

prohibition is dangerous for vessels

fishing the east side of Nantucket

shoals.

Response: An exception allowing

transiting through the Nantucket

Lightship Closed Area and Closed Area

I for all fishing vessels, including

recreational and charter vessels, under

the conditions specified in this

framework, has been approved.

Comment 4: One association, with 16

signatures on its letter, supported the

fishing limitations on Georges Bank and

urged an extension of the 6-month

emergency action to allow for stock

rebuilding.

Response: The Magnuson Act

authorizes for emergency rules to be

effective for up to 90 days, with a

provision that they may be extended by

Council recommendation for an

additional 90 days. As no authority

exists for another extension by

emergency rule, the Council initiated

this framework action under the

abbreviated rulemaking procedures

established by Amendment 5. Its effect

will be to continue the measures

promulgated under the emergency

action until at least such time as a more

comprehensive amendment

(Amendment 7) is implemented.

Comment 5: One environmental

organization urged that the Council not

exempt recreational, party, and charter

boats from the closure of certain areas

of Georges Bank. It disagreed with the

recreational sector’s argument that the

financial hardship posed by their

inclusion in the Council’s plans should

take precedence over the conservation

measures deemed necessary by the

Council since their impact on regulated

species is minimal. It added that the

level of removal of groundfish by the

recreational sector works at crosspurposes to the Council’s intentions of

accomplishing a near-zero fishing

mortality rate.

Response: This framework allows an

exemption only to the Nantucket

Lightship Closed Area for recreational,

party, and charter vessels. It does not

exempt this segment of the fishery from

other closed areas of Georges Bank.

Furthermore, the sale of fish caught on

vessels fishing under this exemption is

explicitly prohibited (regardless of

where the fish are caught), thereby

reducing the incentive to target on

critical stocks of groundfish. Each vessel

in the party/charter fleet will further

need a letter of authorization to enter

this closed area, and both recreational

and party/charter vessels may carry only

hand-line and/or rod-and-reel fishing

gear aboard. Anecdotal information

indicates that the primary target species

in this area is white hake, with pollock

and cod being caught to a lesser extent.

Although some cod is caught in this

area, the Council and NMFS believe it

should have a minimal impact on the

depleted stocks. Concerning the

Council’s intentions of accomplishing a

near-zero fishing mortality rate, that rate

is the basis for stock rebuilding under

Amendment 7 of the multispecies FMP,

now under development. The driving

force for this framework is continuation

of temporary measures to slow the

decline of multispecies stocks until

stock rebuilding regulations are in

place.

Comment 6: One commentor

criticized the make-up of the Council,

suggesting that recreational fishing

interests are not adequately represented.

Response: Of the six appointed atlarge members of the Council, four have

backgrounds involving recreational

fishing interests. Of those four, one is

editor of Salt Water Sportsman

Magazine. There are also five state

representatives to the Council, one from

each New England state, representing

the concerns of all sectors of the

fisheries. Furthermore, the Regional

Director of NMFS is also a member of

the Council, and represents commercial

and recreational interests, equitably.

Comment 7: One association stated

that the emergency rule (whose

provisions will continue, as modified,

by this framework amendment) unfairly

affects the winter flounder fishery in the

Mid-Atlantic Regulated Mesh Area. The

association seeks an exemption west of

72°30′ west longitude.

Response: This issue was not

adequately analyzed in time for

Framework Adjustment 9 but is

currently under consideration by the
19368 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

Council as a separate framework

amendment. Framework Adjustment 9

implements a winter flounder

exemption for vessels fishing with small

mesh when in state waters, under

certain conditions.

Comment 8: The USCG stated that it

will not be able to provide the same

assurance of violator detection and

resource preservation currently existing,

if provisions of this framework

amendment allowing vessels into the

closed areas are approved. The USCG

does not support routine transits

through the closed areas and states that

closed area enforcement is most

effective when only small numbers of

vessels are allowed to operate in

designated areas.

Response: The Council and NMFS

considered the USCG comments and

weighed them against the industry’s

comments on the costs of requiring

vessels to steam around a closed area,

unless a safety reason exists. The

Council and NMFS do not expect that

allowing free and open transit, with gear

stowage requirements and severe

penalties (including permit vessel and

operator sanctions) for fishing in closed

areas, will compromise the conservation

impact of the closure. The Council

determined that the costs to the industry

(fuel, days-at-sea allocations while

steaming) of the existing safety-only

closure provision outweigh the risk of

some decrease in compliance with this

alternative.

The Council and NMFS further

determined that the cost of closing the

three areas to pelagic fishing also

outweighs the reduction in

enforceability resulting from such a

closure exception. The Council and

NMFS concluded that prohibiting these

vessels from possessing any regulated

multispecies while in the closed areas

will help in the enforcement of the

groundfish closure. As pelagic long-line

gear is not fixed or anchored to the

bottom and has no cable main line, it is

readily distinguishable from groundfish

hook gear. The other significant pelagic

hook fishery that would take place in

any of the closed areas is the General

Category bluefin tuna fishery. Vessels

fishing under a General Category permit

are prohibited from having more than

two hooks attached to any line on board

and, with a prohibition on the

possession of groundfish, can easily be

distinguished from a groundfish hook

vessel. Furthermore, the pelagic

fisheries are regulated by a season-andquota system that significantly limits

the time when pelagic hook vessels may

fish.

Classification

This action has been determined to be

not significant for the purposes of E.O.

12866.

The Assistant Administrator for

Fisheries, NOAA (AA), finds there is

good cause to waive prior notice and

opportunity for comments under 5

U.S.C. 553(b)(B). The provision of

advance notice as described in this rule

and public meetings held by the Council

to discuss the management measures

implemented by this rule provided

adequate prior notice and opportunity

for public comment to be made and

considered. Thus, additional

opportunity for public comment is

unnecessary.

The AA also finds that under 5 U.S.C.

553(d)(1), because immediate

implementation of this rule relieves an

economic hardship on the industry with

virtually no impact on the conservation

objective, there is no need to delay for

30 days the effectiveness of this

regulation, except § 651.20(i) which will

be effective May 18, 1995.

This rule contains three new

collection-of-information requirements

subject to the Paperwork Reduction Act

that have been submitted to the Office

of Management and Budget (OMB) for

approval. The public reporting burden

for this collection of information is

estimated to be 2 minutes per response

for each of the requirements, including

the time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. Send

comments regarding this reporting

burden estimate or any other aspect of

the collection of information, including

suggestions for reducing the burden, to

NMFS and OMB (see ADDRESSES).

The new requirements are:

1. The winter flounder state waters

exemption program (§ 651.20(j)(1)) (2

minutes/response);

2. Gulf of Maine/Georges Bank

regulated mesh area transit exemption

(§ 651.20(a)(6)(iii)(B)) (2 minutes/

response);

3. Nantucket Lightship Closed Area

party/charter vessel exemption

(§ 651.21(c)(2)(iv)(A)) (2 minutes/

response).

Because §§ 651.20(a)(6)(iii)(B),

§ 651.20(j)(1), and § 651.21(c)(2)(iv)(A)

require approval by OMB under the

Paper Work Reduction Act which has

not yet been received, their effectiveness

is delayed pending receipt of such

approval. The effective date of those

sections will be announced in the

Federal Register.

The regulations extending the

emergency action (60 FR 13078, March

10, 1995) eliminated a notification

requirement for vessels transiting closed

areas during storm conditions.

Because no proposed rule was

required, this action is exempt from the

requirements to prepare a Regulatory

Flexibility Analysis.

List of Subjects in 50 CFR Part 651

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: April 12, 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. These amendments

supersede the amendments published at

59 FR 63926, December 12, 1994; 60 FR

3102, January 13, 1995; 60 FR 6446,

February 2, 1995; and 60 FR 13078,

March 10, 1995.

PART 651—NORTHEAST

MULTISPECIES FISHERY

1. The authority citation for part 651

continues to read as follows:

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

2. In § 651.2, definitions for

‘‘American lobster or lobster’’,

‘‘Harpoon gear or harpoon’’,

‘‘Monkfish’’, and ‘‘Pelagic hook or

longline gear’’ are added, in alphabetical

order; and ‘‘Atlantic sea scallop or

scallop’’ and ‘‘Sink gillnet’’ are revised

as follows:

§ 651.2 Definitions.

* * * * *

American lobster or lobster means the

species, Homarus americanus.

Atlantic sea scallop or scallop means

the species, Placopecten magellanicus.

* * * * *

Harpoon gear or harpoon means

fishing gear consisting of a pointed dart

or iron attached to the end of a line

several hundred feet in length, the other

end of which is attached to a floating

device.

* * * * *

Monkfish means the species, Lophius

americanus.

* * * * *

Pelagic hook or longline gear means

fishing gear that is not fixed, nor

designed to be fixed, or anchored to the

bottom and that consists of

monofilament main line (as opposed to

a cable main line) to which gangions are

attached.

* * * * *

Sink gillnet means a bottom-tending

gillnet, which is any gillnet, anchored or

otherwise, that is designed to be, or is
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19369

capable of being, or is fished on or near

the bottom in the lower third of the

water column.

* * * * *

3. In § 651.4, paragraph (f) and the last

sentence of paragraph (d) is revised and

a new paragraph (t) is added to read as

follows:

§ 651.4 Vessel permits.

* * * * *

(d) * * * Except as provided for in

§ 651.20(j), if a requirement of this part

and a management measure required by

a state or local law differ, any vessel

owner permitted to fish in the EEZ must

comply with the more restrictive

requirement.

* * * * *

(f) Information requirements. (1) In

addition to applicable information

required to be provided by paragraph (e)

of this section, an application for either

a limited access multispecies, hookgear-only, or possession-limit-only

permit 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 copy of vessel’s U.S.

Coast Guard documentation or, if

undocumented, state registration

number and a copy of the state

registration; home port and principal

port of landing; 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, 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 having owned more than

a 25-percent interest; and name and

signature of the owner or the owner’s

authorized representative.

(2) Applications for a limited access

multispecies permit must also contain

the following information:

(i) The engine horsepower of the

vessel as specified in the vessel’s most

recent permit application for a Federal

Fisheries Permit before May 1, 1994. If

the engine horsepower was changed or

a contract to change the engine

horsepower had been entered into prior

to May 1, 1994 such that it is different

from that stated in the vessel’s most

recent application for a Federal

Fisheries Permit before May 1, 1994,

sufficient documentation to ascertain

the different engine horsepower.

However, the engine replacement must

be completed within 1-year of the date

of when the contract for the replacement

engine was signed.

(ii) The length, gross tonnage, and net

tonnage of the vessel as specified in the

vessel’s most recent permit application

for a Federal Fisheries Permit before

May 1, 1994. If the length, gross

tonnage, or net tonnage was changed or

a contract to change the length, gross

tonnage or net tonnage had been entered

into prior to May 1, 1994 such that it is

different from that stated in the vessel’s

most recent application for a Federal

Fisheries Permit, sufficient

documentation to ascertain the different

length, gross tonnage or net tonnage.

However, the upgrade must be

completed within 1 year of the date of

when the contract for the upgrade was

signed.

(iii) If the vessel owner is applying to

fish under the individual DAS program

specified in this section, the application

must include such election.

(iv) In 1994, vessel owners may

change their vessel’s DAS category

within 30 days of receipt of their 1994

multispecies permit. After 30 days, the

vessel must fish only in the DAS

program assigned for the remainder of

the fishing year. In 1995, if the vessel

owner is applying to fish under a

different DAS program than was

assigned for 1994, the application must

include such election and the vessel

must fish only in that category for the

entire fishing year.

(v) For 1996 and thereafter, a vessel,

when fishing under the DAS program,

may fish only under the DAS program

assigned to it in 1995, or if not assigned

in 1995, the DAS program assigned to it

on its initial permit to fish under the

DAS program. However, any vessel may

elect for any year to fish under a hookgear-only permit if it meets the

requirements specified in paragraph (b)

of this section.

(vi) Beginning on September 1, 1994,

if the vessel is a combination vessel, or

if the applicant elects to take an

Individual DAS allocation or to use a

VTS unit, although not required, a copy

of the vendor installation receipt from a

NMFS-certified VTS vendor as

described in § 651.28(a).

* * * * *

(t) Certificate for winter flounder

fishing in state waters. A vessel

permitted under this part and fishing for

winter flounder in state waters under

the minimum mesh size described in

§ 651.20(j), must have on board a

certificate issued by the state agency

authorizing the vessel’s participation in

the state waters winter flounder fishing

program.

4. In § 651.5, paragraph (a) is revised

to read as follows:

§ 651.5 Operator permits.

(a) General. Any operator of a vessel

that has been issued a valid Federal

multispecies permit under this part, or

any operator of a vessel fishing for

multispecies finfish in the EEZ or in

possession of multispecies finfish in or

harvested from the EEZ, must carry on

board a valid operator’s permit issued

under this part. This requirement does

not apply to recreational vessels and

vessels that fish exclusively in state

waters for multispecies.

* * * * *

5. In § 651.9, paragraphs (a), (b), and

(e) are revised to read as follows:

§ 651.9 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 holding a

valid Federal multispecies vessel permit

issued under this part, issued a permit

under § 651.5 or a letter under

§ 651.4(a)(8)(v), to do any of the

following:

(1) Possess or land multispecies

finfish smaller than the minimum size

as specified in § 651.23.

(2) Fail to comply in an accurate and

timely fashion with the log report,

reporting, record retention, inspection,

and other requirements of § 651.7(b).

(3) Fish for, possess, or land

multispecies finfish unless the operator

of the vessel has been issued an

operator’s permit under § 651.5, and a

valid permit is on board the vessel.

(4) Fail to report to the Regional

Director within 15 days any change in

the information contained in the permit

application as required under § 651.4(m)

or § 651.5(k).

(5) Fail to affix and maintain

permanent markings as required by

§ 651.8.

(6) Sell, transfer, or attempt to sell or

transfer to a dealer any multispecies

finfish unless the dealer has a valid

Federal Dealer’s Permit issued under

§ 651.6.

(7) Land, offload, remove, or

otherwise transfer, or attempt to land,

offload, remove, or otherwise transfer

fish from one vessel to another vessel or

other floating conveyance unless

authorized in writing by the Regional

Director pursuant to § 651.30(a).

(8) Refuse or fail to carry an observer

if requested to do so by the Regional

Director.
19370 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

(9) Interfere with or bar by command,

impediment, threat, coercion, or refusal

of reasonable assistance, an observer

conducting his or her duties aboard a

vessel.

(10) Fail to provide an observer with

the required food, accommodations,

access, and assistance, as specified in

§ 651.31.

(11) Land haddock from, or possess

haddock on board, a sea scallop dredge

vessel during the time specified in

§ 651.27(b)(1).

(12) Land, or possess on board a

vessel, more than 500 lb (226.8 kg) of

haddock, or the equivalent in totes or

boxes, as specified in § 651.27(b)(2), or

violate any of the other provisions

specified in § 651.27(b)(2).

(13) Fish with, set, haul back, possess

on board a vessel, unless stowed in

accordance with § 651.20(c)(4), or fail to

remove a sink gillnet from the area and

for the times specified in § 651.32(a),

unless authorized in writing by the

Regional Director.

(14) Sell, barter, trade, or transfer, or

attempt to sell, barter, trade, or

otherwise transfer, for a commercial

purpose, other than transport, any

multispecies, unless the transferee has a

dealer permit issued under § 651.6.

(b) In addition to the prohibitions

specified in paragraph (a) of this

section, it is unlawful for any person

owning or operating a vessel issued a

limited access permit under § 651.4(a)

or a letter under § 651.4(a)(8)(v), to do

any of the following:

(1) Possess at any time during a trip,

or land per trip, more than the

possession limit of regulated species as

specified in § 651.27(a), after using the

vessel’s annual DAS allocation or when

not participating under the DAS

program pursuant to § 651.22.

(2) If required to have a VTS unit as

specified in § 651.28(a) or § 651.29(a):

(i) Fail to have a certified, operational,

and functioning VTS unit that meets the

specifications of § 651.28(a) on board

the vessel at all times.

(ii) Fail to comply with the

notification, replacement, or any other

requirements regarding VTS usage as

specified in § 651.29(a).

(3) Combine, transfer, or consolidate

DAS allocations.

(4) Fish for, possess, or land

multispecies finfish with or from a

vessel that has had the horsepower of

such vessel or its replacement upgraded

or increased in excess of the limitations

specified in § 651.4(a)(5)(i).

(5) Fish for, possess, or land

multispecies finfish with or from a

vessel that has had the length, gross

registered tonnage, or net tonnage of

such vessel or its replacement increased

or upgraded in excess of limitations

specified in § 651.4(a)(5)(ii).

(6) Fail to comply with any

requirement regarding the DAS

notification as specified in § 651.29.

(7) If not fishing under the VTS

system, fail to have on board the vessel

a card issued by the Regional Director,

as specified in § 651.29(b).

(8) Fail to notify that a vessel is

participating in the DAS program as

specified in § 651.29(b).

(9) Fail to comply with the other

methods of notification requirements,

including a call-in system as specified

in § 651.29(c), if required by the

Regional Director.

(10) Fail to provide notification of the

beginning or ending of a DAS before

leaving port or before returning to port,

as required under § 651.29 (b) or (c).

(11) Fail to comply with the layover

day requirement as described in

§ 651.22(c)(1)(ii)(A).

* * * * *

(e) In addition to the general

prohibitions specified in § 620.7 of this

chapter and the prohibitions specified

in paragraphs (a) through (d) of this

section, it is unlawful for any person to

do any of the following:

(1) Fish for, possess, or land

multispecies finfish unless:

(i) The multispecies finfish were

being fished for or harvested by a vessel

holding a valid Federal multispecies

permit under this part, or a letter under

§ 651.4(a)(8)(v), and the operator on

board such vessel has been issued an

operator’s permit under § 651.5 and has

a valid permit on board the vessel;

(ii) The multispecies finfish were

harvested by a vessel not issued a

Federal multispecies permit that fishes

for multispecies finfish exclusively in

state waters; or

(iii) The multispecies finfish were

harvested by a recreational fishing

vessel.

(2) Possess at any time during a trip,

or land per trip, more than the

possession limit of regulated species as

specified in § 651.27(a) unless:

(i) The multispecies finfish were

harvested by a vessel that has been

issued a limited access permit under

§ 651.4(a), a hook-gear-only permit

under § 651.4(b), or a letter under

§ 651.4(a)(8)(v); or

(ii) The regulated species were

harvested by a vessel that qualifies for

the exception specified in paragraph

(e)(1)(ii) of this section.

(3) Land, offload, cause to be

offloaded, sell, or transfer; or attempt to

land, offload, cause to be offloaded, sell,

or transfer multispecies finfish from a

fishing vessel, whether on land or at sea,

as an owner or operator without

accurately preparing and submitting, in

a timely fashion, the documents

required by § 651.7, unless the

multispecies finfish were harvested by a

vessel that qualifies for the exception

specified in paragraph (e)(1)(ii) of this

section.

(4) Purchase or receive multispecies

finfish, or attempt to purchase or receive

multispecies finfish, whether on land or

at sea, as a dealer without accurately

preparing, submitting in a timely

fashion, and retaining the documents

required by § 651.7.

(5) Land, offload, remove, or

otherwise transfer, or attempt to land,

offload, remove or otherwise transfer

multispecies finfish from one vessel to

another vessel, unless both vessels

qualify under the exception specified in

paragraph (e)(1)(ii) of this section, or

unless authorized in writing by the

Regional Director pursuant to

§ 651.30(a).

(6) Sell, barter, trade, or otherwise

transfer; or attempt to sell, barter, trade,

or otherwise transfer for a commercial

purpose any multispecies finfish from a

trip unless the vessel is holding a valid

Federal multispecies permit under this

part, or a letter under § 651.4(a)(8)(v), or

the multispecies finfish were harvested

by a vessel without a Federal

multispecies permit that fishes for

multispecies finfish exclusively in state

waters.

(7) Purchase, possess, or receive for a

commercial purpose, or attempt to

purchase, possess, or receive for a

commercial purpose in the capacity of

a dealer, multispecies finfish taken from

a fishing vessel, unless in possession of

a valid dealer permit issued under

§ 651.6; except that this prohibition

does not apply to multispecies finfish

taken from a vessel that qualifies for the

exception specified in paragraph

(e)(1)(ii) of this section.

(8) Purchase, possess, or receive for

commercial purposes multispecies

finfish caught by a vessel other than one

holding a valid Federal multispecies

permit under this part, or a letter under

§ 651.4(a)(8)(v), unless the multispecies

finfish were harvested by a vessel that

qualifies for the exception specified in

paragraph (e)(1)(ii) of this section.

(9) To be or act as an operator of a

vessel fishing for or possessing

multispecies finfish in or from the EEZ,

or holding a Federal multispecies

permit under this part without having

been issued and possessing a valid

operator’s permit issued under § 651.5.

(10) Assault, resist, oppose, impede,

harass, intimidate, or interfere with a

NMFS-approved observer aboard a

vessel.
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19371

(11) Make any false statement, oral or

written, to an authorized officer or

employee of NMFS, concerning the

taking, catching, harvesting, landing,

purchase, sale, or transfer of any

multispecies finfish.

(12) Make any false statement in

connection with an application under

§ 651.4 or § 651.5 or on any report

required to be submitted or maintained

under § 651.7.

(13) Tamper with, damage, destroy,

alter, or in any way distort, render

useless, inoperative, ineffective, or

inaccurate the VTS, VTS unit, or VTS

signal required to be installed on or

transmitted by vessel owners or

operators required to use a VTS by this

part.

(14) Fish with, use, or have available

for immediate use within the area

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

size smaller than the minimum mesh

size specified in § 651.20(a)(2), except as

provided in § 651.20 (a)(3) through

(a)(6), (e), (f), and (j), or unless the vessel

qualifies for the exception specified in

paragraph (e)(1)(ii) of this section.

(15) [Reserved]

(16) Fish with, use, or have available

for immediate use within the area

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

size smaller than the minimum size

specified in § 651.20(c)(2), except as

provided in § 651.20(c)(3), (e), (f), and

(j), or unless the vessel qualifies for the

exception specified in paragraph

(e)(1)(ii) of this section.

(17) Fish with, use, or have available

for immediate use within the area

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

size smaller than the minimum size

specified in § 651.20(d)(2), except as

provided in § 651.20(d)(3), (e), (f), and

(j), or unless the vessel qualifies for the

exception specified in paragraph

(e)(1)(ii) of this section.

(18) Enter or be in the area described

in § 651.21(a)(1) on a fishing vessel,

except as provided in § 651.21(a)(2), (d),

and (e).

(19) [Reserved]

(20) Enter the area described in

§ 651.21(b)(1) on a fishing vessel, except

as provided by § 651.21(b)(2) and (e).

(21) Enter or be in the area described

in § 651.21(c)(1), on a fishing vessel,

except as provided in § 651.21(c)(2) and

(e).

(22) Fail to comply with the gearmarking requirements of § 651.25.

(23) Import, export, transfer, land, or

possess regulated species that are

smaller than the minimum sizes as

specified in § 651.23, unless the

regulated species were harvested from a

vessel that qualifies for the exception

specified in paragraph (e)(1)(ii) of this

section.

(24) Interfere with, obstruct, delay, or

prevent by any means lawful

investigation or search relating to the

enforcement of this part.

(25) Fish within the areas described in

§ 651.20(a)(4) with nets of mesh smaller

than the minimum size specified in

§ 651.20(a)(2), unless the vessel is

issued and possesses on board the

vessel an authorizing letter issued under

§ 651.20(a)(4)(i).

(26) Violate any provisions of the

Cultivator Shoals Whiting Fishery

specified in § 651.20(a)(4).

(27) Fish for, land, or possess

multispecies finfish harvested by means

of pair trawling or with pair trawl gear,

except under the provisions of

§ 651.20(e), or unless the vessels that

engaged in pair trawling qualify for the

exception specified in paragraph

(e)(1)(ii) of this section.

(28) Fish for, harvest, possess, or land

in or from the EEZ northern shrimp,

unless such shrimp were fished for or

harvested by a vessel meeting the

requirements specified in § 651.20(a)(3).

(29) Fail to comply with the

requirements as specified in

§ 651.20(a)(5).

(30) Fish for the species specified in

§ 651.20 (e) or (f) with a net of mesh size

smaller than the applicable mesh size by

area fished specified in § 651.20, or

possess or land such species, unless the

vessel is in compliance with the

requirements specified in § 651.20 (e) or

(f), or unless the vessel qualifies for the

exception specified in paragraph

(e)(1)(ii) of this section.

(31) Fish with, set, haul back, possess

on board a vessel, unless stowed in

accordance with § 651.20(c)(4), or fail to

remove a sink gillnet from the EEZ

portion of the areas, and for the times

specified in § 651.32(a), unless

authorized in writing by the Regional

Director.

(32) Violate any provision specified

under § 651.29.

(33) Land haddock from, or possess

haddock on board, a sea scallop dredge

vessel as specified in § 651.27(b)(1).

(34) Land, or possess on board a

vessel, more than 500 lb (226.8 kg) of

haddock, or the equivalent in totes or

boxes, as specified in § 651.27(b)(2), or

violate any of the other provisions

specified in § 651.27(b)(2).

(35) Fish with, use or have available

for immediate use scallop dredge gear

on a vessel not fishing under the scallop

DAS program as described in § 650.24 of

this chapter, or fishing under a general

category permit issued under § 650.4(b)

of this chapter, in the areas described in

§ 651.20(i), except as provided in

§ 651.20(i), or unless the vessel qualifies

for the exception specified in paragraph

(e)(1)(ii) of this section.

(36) Obstruct or constrict a net as

described in § 651.20(h) (1) and (2).

(37) Possess, land, or fish for

regulated species, except winter

flounder as provided for in accordance

with § 651.20(j), from or within the

areas described in § 651.20, while in

possession of nets of mesh smaller than

the minimum size specified in § 651.20,

unless the vessel and nets conform with

the stowage requirements of

§ 651.20(c)(4), or unless the vessel

qualifies for the exception specified in

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

(38) Possess, land, or fish for

regulated species, except winter

flounder as provided for in accordance

with § 651.20(j), from or within the

areas described in § 651.20(i), while in

possession of scallop dredge gear on a

vessel not fishing under the scallop DAS

program as described in § 650.24 of this

chapter, or fishing under a general

category permit issued under § 650.4(b)

of this chapter, unless the vessel and the

dredge gear conform with the stowage

requirements of § 651.27(a)(3) and

§ 651.21(e)(2), or unless the vessel

qualifies for the exception specified in

paragraph (e)(1)(ii) of this section.

(39) Possess or land fish caught with

nets of mesh smaller than the minimum

size specified in § 650.20 of this chapter,

or with scallop dredge gear on a vessel

not fishing under the scallop DAS

program described in § 650.24 of this

chapter, or fishing under a general

category permit issued under § 650.4(b)

of this chapter, unless said fish are

caught, possessed or landed in

accordance with §§ 651.20 and 651.27,

or unless the vessel qualifies for the

exception specified in paragraph

(e)(1)(ii) of this section.

* * * * *

6. In § 651.20, paragraphs (a) through

(f) are revised and paragraphs (i) and (j)

added to read as follows:

§ 651.20 Regulated mesh areas and

restrictions on gear and methods of fishing.

All vessels fishing for, harvesting,

possessing, or landing multispecies

finfish in or from the EEZ and all

vessels holding a Federal multispecies

permit under this part must comply

with the following restrictions on

minimum mesh size, gear, and methods

of fishing, unless otherwise exempted or

prohibited.

(a) Gulf of Maine/Georges Bank

(GOM/GB) regulated mesh area—(1)

Area definition. The Gulf of Maine/

Georges Bank regulated mesh area is

that area:

(i) Bounded on the east by the U.S.-

Canada maritime boundary, defined by
19372 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

straight lines connecting the following points in the order stated (see Figure 1 to part 651):

GULF OF MAINE/GEORGES BANK REGULATED MESH AREA

Point Latitude Longitude

G1 ............................................................................................................ (1) (1)

G2 ............................................................................................................ 43°58′ N. 67°22′ W.

G3 ............................................................................................................ 42°53.1′ N. 67°44.4′ W.

G4 ............................................................................................................ 42°31′ N. 67°28.1′ W.

G5 ............................................................................................................ 41°18.6′ N. 66°24.8′ W.

1The intersection of the shoreline and the U.S.-Canada Maritime Boundary [southward along the irregular U.S.-Canada Maritime Boundary].

(ii) Bounded on the south by straight lines connecting the following points in the order stated:

Point Latitude Longitude Approximate loran C bearings

G6 ................................................. 40°55.5′ N. 66°38′ W. 5930–Y–30750 and 9960–Y–

43500.

G7 ................................................. 40°45.5′ N. 68°00′ W. 9960–Y–43500 and 68°00 W.

G8 ................................................. 40°37′ N. 68°00′ W. 9960–Y–43450 and 68°00 W.

G9 ................................................. 40°30′ N. 69°00′ W.

NL3 ............................................... 40°22.7′ N. 69°00′ W.

NL2 ............................................... 40°18.7′ N. 69°40′ W.

NL1 ............................................... 40°50′ N. 69°40′ W.

G11 ............................................... 40°50′ N. 70°00′ W.

G12 ............................................... ....................................................... 70°00′ W.1

1 Northward to its intersection with the shoreline of mainland Massachusetts.

(2) Mesh-size restrictions. Except as

provided in paragraphs (a)(3) through

(6), (e), (f), and (j) of this section, the

minimum mesh size for any trawl net,

sink gillnet, Scottish seine, or midwater

trawl, on a vessel, or used by a vessel

fishing in the GOM/GB regulated mesh

area, shall be 6 inches (15.24 cm)

diamond or square mesh throughout the

entire net. This restriction does not

apply to nets or pieces of nets smaller

than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq.

ft (0.81 m2)), or to vessels that have not

been issued a Federal multispecies

permit and that are fishing exclusively

in state waters.

(3) Small-mesh exemption area.

Northern shrimp has been found to meet

the exemption qualification

requirements specified in paragraph

(a)(7) of this section. Therefore, vessels

subject to the mesh restrictions

specified in paragraph (a)(2) of this

section may fish for, harvest, possess, or

land northern shrimp with nets of mesh

smaller than the minimum size

specified in paragraph (a)(2) of this

section in the Small mesh exemption

area, if the vessel complies with the

requirements specified in paragraphs

(a)(3) (i) through (iii) of this section. The

Small-Mesh Exemption Area is defined

by straight lines connecting the

following points in the order stated:

SMALL-MESH EXEMPTION AREA

Point Latitude Longitude

SM1 .............. 41°35′ N. 70°00′ W.

SM2 .............. 41°35′ N. 69°40′ W.

SM3 .............. 42°49.5′ N. 69°40′ W.

SM4 .............. 43°12′ N. 69°00′ W.

SM5 .............. 43°41′ N. 68°00′ W.

G2 ................ 43°58′ N. 67°22′ W.;

(the U.S.-

Canada

Maritime

Boundary).

G1 ................ (1) (1)

1 Northward along the irregular U.S.-Canada

maritime boundary to the shoreline.

(i) Possession limit exemption. (A) A

vessel fishing under this exemption may

not fish for, possess on board or land

any species of fish other than shrimp

except as provided under paragraph

(a)(3)(i)(B) of this section.

(B) The following may be retained,

with the restrictions noted, as allowable

bycatch species in the northern shrimp

fishery as described in this section:

Longhorn sculpin (Myoxocephalus

octodecimspinosus); up to two standard

boxes or totes of silver hake (whiting);

monkfish and monkfish parts up to 10

percent by weight of all other species on

board; and American lobster up to 10

percent by weight of all other species on

board or two hundred lobsters,

whichever is less.

(ii) Finfish excluder device. A vessel

must have a properly configured and

installed finfish excluder device in any

net with mesh smaller than the

minimum size specified in paragraph

(a)(2) of this section. The finfish

excluder device must be configured and

installed consistent with the following

specifications (see Figure 2 to part 651

for an example of a properly configured

and installed finfish excluder device):

(A) A finfish excluder device is a rigid

or semi-rigid grate consisting of parallel

bars of not more than 1-inch (2.54-cm)

spacing that excludes all fish and other

objects, except those that are small

enough to pass between its bars into the

codend of the trawl.

(B) The finfish excluder device must

be secured in the trawl, forward of the

codend, in such a manner that it

precludes the passage of fish or other

objects into the codend without the fish

or objects having first passed between

the bars of the grate.

(C) A fish outlet or hole must be

provided to allow fish or other objects

that are too large to pass between the

bars of the grate to pass out of the net.

The aftermost edge of this outlet must

be at least as wide as the grate at the

point of attachment. The fish outlet

must extend forward from the grate

toward the mouth of the net.

(D) A funnel of net material is allowed

in the lengthening piece of the net
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19373

forward of the grate to direct catch

towards the grate.

(iii) A vessel may only fish under this

exemption during the northern 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.

(4) Cultivator Shoal whiting (silver

hake) fishery exemption area. The

Cultivator Shoal whiting fishery has

been found to meet the exemption

qualification requirements specified in

paragraph (a)(7) of this section.

Therefore, vessels subject to the mesh

restrictions specified in paragraph (a)(2)

of this section may fish with, use, or

possess nets of mesh smaller than the

minimum size specified in paragraph

(a)(2) of this section in the Cultivator

Shoal whiting fishery exemption area, if

the vessel complies with the

requirements specified in paragraph

(a)(4)(i) of this section. The Cultivator

Shoal whiting fishery exemption area is

defined by straight lines connecting the

following points in the order stated (see

Figure 1 to part 651):

CULTIVATOR SHOAL WHITING FISHERY

EXEMPTION AREA

Point Latitude Longitude

C1 ................ 42°10′ N. ...... 68°10′ W.

C2 ................ 41°30′ N. ...... 68°41′ W.

CI4 ............... 41°30′ N. ...... 68°30′ W.

C3 ................ 41°12.8′ N. ... 68°30′ W.

C4 ................ 41°05′ N. ...... 68°20′ W.

CULTIVATOR SHOAL WHITING FISHERY

EXEMPTION AREA—Continued

Point Latitude Longitude

C5 ................ 41°55′ N. ...... 67°40′ W.

C1 ................ 42°10′ N. ...... 68°10′ W.

(i) Requirements. Vessels fishing in

this fishery must have on board an

authorizing letter issued by the Regional

Director. Vessel owners are subject to

the following conditions:

(A) A vessel fishing under this

exemption may not fish for, possess on

board or land any species of fish other

than whiting except as provided under

paragraph (a)(4)(i)(E) of this section.

(B) A minimum mesh size of 3 inches

(7.62 cm) applied to the first 160 meshes

counted from the terminus of the net;

(C) A season of June 15 through

October 31, unless otherwise specified

by publication of a notification in the

Federal Register.

(D) When transitting through the

GOM/GB regulated mesh area as

specified under paragraph (a)(1) of this

section, any nets of mesh smaller than

the regulated mesh size as specified

under paragraph (a)(2) of this section,

must be stowed according to the

provisions of paragraph (c)(4) of this

section.

(E) The following may be retained,

with the restrictions noted, as allowable

bycatch species in the Cultivator Shoal

whiting fishery exemption area as

described in this section: longhorn

sculpin (Myoxocephalus

octodecimspinosus); monkfish and

monkfish parts up to 10 percent by

weight of all other species on board; and

American lobster up to 10 percent by

weight of all other species on board or

two hundred lobsters, whichever is less.

(ii) Sea sampling. The Regional

Director shall conduct periodic sea

sampling to determine if there is a need

to change the area or season

designation, and to evaluate the bycatch

of regulated species, especially

haddock.

(iii) Annual review. The Council shall

conduct an annual review of data to

determine if there are any changes in

area or season designation necessary,

and to make the appropriate

recommendations to the Regional

Director following the procedures

specified in subpart C of this part.

(5) Stellwagen Bank/Jeffreys Ledge

(SB/JL) juvenile protection area. Except

as provided in paragraphs (a)(3), (a)(6),

(e), (f) and (j) of this section, the

minimum mesh size for any trawl net,

Scottish seine, purse seine, or midwater

trawl in use, or available for immediate

use as described under paragraph (c)(4)

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) in length and less,

and in the last 100 bars of the codend

and extension piece for vessels greater

than 45 ft (13.7 m) in length.

(i) The Stellwagen Bank/Jeffreys

Ledge juvenile protection area is

defined by straight lines connecting the

following points in the order stated (see

Figure 1 to Part 651):

STELLWAGEN BANK JUVENILE PROTECTION AREA

Point Latitude Longitude Approximate

Loran coordinates

SB1 ........................................................ 42°34.0′ N. 70°23.5′ W. 13737 44295

SB2 ........................................................ 42°28.8′ N. 70°39.0′ W. 13861 44295

SB3 ........................................................ 42°18.6′ N. 70°22.5′ W. 13810 44209

SB4 ........................................................ 42°05.5′ N. 70°23.3′ W. 13880 44135

SB5 ........................................................ 42°11.0′ N. 70°04.0′ W. 13737 44135

SB1 ........................................................ 42°34.0′ N. 70°23.5′ W. 13737 44295

JEFFREYS LEDGE JUVENILE PROTECTION AREA

Point Latitude Longitude Approximate

Loran coordinates

JL1 ......................................................... 43°12.7′ N. 70°00.0′ W. 13369 44445

JL2 ......................................................... 43°09.5′ N. 70°08.0′ W. 13437 44445

JL3 ......................................................... 42°57.0′ N. 70°08.0′ W. 13512 44384

JL4 ......................................................... 42°52.0′ N. 70°21.0′ W. 13631 44384

JL5 ......................................................... 42°41.5′ N. 70°32.5′ W. 13752 44352

JL6 ......................................................... 42°34.0′ N. 70°26.2′ W. 13752 44300

JL7 ......................................................... 42°55.2′ N. 70°00.0′ W. 13474 44362

JL1 ......................................................... 43°12.7′ N. 70°00.0′ W. 13369 44445
19374 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

(ii) Fishing for northern shrimp in the

SB/JL juvenile protection area is

allowed subject to the requirements of

paragraph (a)(3) of this section.

(6) Transitting. (i) Vessels fishing

under the Small Mesh Exemption

program specified in paragraph (a)(3) of

this section may transit through the SB/

JL juvenile protection area defined in

paragraph (a)(5) of this section with nets

on board that do not conform to the

requirements specified in paragraph

(a)(2) or (a)(5) of this section, provided

that the nets are stowed in accordance

with the provisions of paragraph (c)(4)

of this section;

(ii) Vessels subject to the mesh

requirements specified in paragraph

(a)(2) of this section may transit through

the Small Mesh Exemption Area defined

in paragraph (a)(3) of this section with

nets on board with mesh smaller than

the minimum size specified in

paragraph (a)(2) of this section,

provided that the nets are stowed in

accordance with the provisions of

paragraph (c)(4) of this section, and

provided the vessel has no fish on

board; and

(iii) Vessels subject to the mesh

requirements specified in paragraph

(a)(2) of this section may transit through

the GOM/GB regulated mesh area

defined in paragraph (a)(1) of this

section with nets on board with mesh

smaller than the minimum mesh size

specified in paragraph (a)(2) of this

section with small mesh exempted

species on board, provided that the

following conditions are met:

(A) Vessels properly stow any nets of

mesh smaller than the regulated mesh

size as specified in paragraph (a)(2) of

this section in accordance with the

provisions of paragraph (c)(4) of this

section;

(B) Vessels have on board an

authorizing letter issued by the Regional

Director; and

(C) Vessels may not fish for, possess

on board, or land any species of fish

except, when fishing in the areas

specified in paragraphs (a)(4), (c), and

(d) of this section, vessels may retain

exempted small mesh species as

provided in paragraphs (a)(4)(i), (c)(3),

and (d)(3), respectively, of this section.

(7) Addition or deletion of

exemptions. The Regional Director may

add exemptions of species if he/she

makes a determination that the fishery

in which the species are fished for or

caught, after considering the gear used,

area where the fishery occurs and other

relevant factors, has a catch of less than

5 percent by weight of regulated species.

The Regional Director may delete an

existing exemption if he/she makes a

determination that the catch of

regulated species is greater than or equal

to 5 percent by weight. Notification of

additions or deletions will be made

through publication of a rule in the

Federal Register.

(b) Nantucket Lightship regulated

mesh area. [Reserved]

(c) Southern New England regulated

mesh area—(1) Area definition. The

Southern New England regulated mesh

area is that area bounded on the east by

straight lines connecting the following

points in the order stated (see Figure 1

part 651):

SOUTHERN NEW ENGLAND REGULATED

MESH AREA

Point Latitude Longitude

G5 ................ 41°18.6′ N. 66°24.8′ W.

G6 ................ 40°55.5′ N. 66°38′ W.

G7 ................ 40°45.5′ N. 68°00′ W.

G8 ................ 40°37′ N. 68°00′ W.

G9 ................ 40°30.5′ N. 69°00′ W.

NL3 .............. 40°22.7′ N. 69°00′ W.

NL2 .............. 40°18.7′ N. 69°40′ W.

NL1 .............. 40°50′ N. 69°40′ W.

G11 .............. 40°50′ N. 70°00′ W.

G12 .............. 70°00′ W.1

1 Northward to its intersection with the

shoreline of mainland Massachusetts; and on

the west by a line running from the shoreline

along 72°30′ W. longitude to the outer boundary of the EEZ.

(2) Mesh-size restriction. Except as

provided in paragraphs (c)(3), (e), (f),

and (j) of this section, the minimum

mesh size for any trawl net, sink gillnet,

Scottish seine, purse seine or midwater

trawl in use, or available for immediate

use as described under paragraph (c)(4)

of this section, by a vessel fishing in the

Southern New England regulated mesh

area, shall be 6 inches (15.24 cm) square

or diamond mesh throughout the net.

This restriction does not apply to

vessels that have not been issued a

Federal multispecies permit under

§ 651.4 and are fishing exclusively in

state waters.

(3) Exemptions—(i) Species exempt.

Butterfish, dogfish, herring, mackerel,

ocean pout, scup, shrimp, squid,

summer flounder, silver hake (whiting),

and weakfish fished for in, or harvested

from, the Southern New England

regulated mesh area have been found to

meet the exemption qualification

requirements specified in paragraph

(c)(5) of this section. Therefore, vessels

subject to the mesh restrictions

specified in paragraph (c)(2) of this

section may fish for, harvest, possess, or

land any of the above mentioned species

with nets of mesh smaller than the

minimum size specified in paragraph

(c)(2) of this section in the Southern

New England regulated mesh area,

provided such vessels comply with the

requirements specified in paragraph

(c)(3)(ii) of this section.

(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)(2) of this

section, provided that the nets are

stowed and are not available for

immediate use in accordance with

paragraph (c)(4) 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)(2) of this section.

Vessels fishing for the exempted species

identified in paragraph (c)(3)(i) of this

section may also possess and retain the

following species, with the restrictions

noted, 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); monkfish and

monkfish parts up to 10 percent by

weight of all other species on board; and

American lobster up to 10 percent by

weight of all other species on board or

two hundred lobsters, whichever is less.

(4) Net stowage requirements. A net

that is stowed and is not available for

immediate use conforms to one of the

following specifications:

(i) A net stowed below deck,

provided:

(A) It is located below the main

working deck from which the net is

deployed and retrieved;

(B) The towing wires, including the

leg wires, are detached from the net; and

(C) It is fan-folded (flaked) and bound

around its circumference; or

(ii) A net stowed and lashed down on

deck, provided:

(A) It is fan-folded (flaked) and bound

around its circumference;

(B) It is securely fastened to the deck

or rail of the vessel; and

(C) The towing wires, including the

leg wires, are detached from the net; or
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19375

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

covered and secured, provided:

(A) The entire surface of the net is

covered with canvas or other similar

material that is securely bound;

(B) The towing wires, including the

leg wires, are detached from the net; and

(C) The codend is removed from the

net and stored below deck; or

(iv) Nets that are secured in a manner

authorized in writing by the Regional

Director.

(5) Addition or deletion of

exemptions. The Regional Director may

add exemptions of species if he/she

makes a determination that the fishery

in which the species are fished for or

caught, after considering the gear used,

area where the fishery occurs and other

relevant factors, has a catch of less than

5 percent by weight of regulated species.

The Regional Director may delete an

existing exemption if he/she makes a

determination that the catch of

regulated species is greater than or equal

to 5 percent by weight. Notification of

additions or deletions will be made

through publication of a rule in the

Federal Register.

(d) Mid-Atlantic regulated mesh

area—(1) Area definition. The MidAtlantic regulated mesh area is that area

bounded on the east by a line running

from the shoreline along 72°30′ west

longitude to the intersection of the outer

boundary of the EEZ (see Figure 1 to

part 651).

(2) Mesh-size restrictions. Except as

provided in paragraphs (d)(3), (e), (f),

and (j) of this section, the minimum

mesh size for any trawl net, sink gillnet,

Scottish seine, purse seine, or midwater

trawl in use, or available for immediate

use as described under paragraph (c)(4)

of this section, by a vessel fishing in the

Mid-Atlantic regulated mesh area shall

be that specified in the summer

flounder regulations at § 625.24(a) of

this chapter. This restriction does not

apply to vessels that have not been

issued a multispecies finfish permit

under § 651.4 and are fishing

exclusively in state waters.

(3) Exemptions—(i) Species exempt.

Butterfish, dogfish, herring, mackerel,

ocean pout, scup, shrimp, summer

flounder, silver hake (whiting),

weakfish, and scallops fished for in, or

harvested from, the Mid-Atlantic

regulated mesh area have been found to

meet the exemption qualification

requirements specified in paragraph

(d)(4) of this section. Therefore, vessels

subject to the mesh restrictions

specified in paragraph (d)(2) of this

section may fish for, harvest, possess or

land any of the above-mentioned

species with nets of mesh smaller than

the minimum size specified in

paragraph (d)(2) of this section in the

Mid-Atlantic regulated mesh area,

provided such vessels comply with the

requirements specified in paragraph

(d)(3)(ii) of this section.

(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)(2) of this

section, provided that the nets are

stowed and are not available for

immediate use in accordance with

paragraph (c)(4) 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)(2) of this section.

Vessels fishing for the exempted species

identified in paragraph (d)(3)(i) of this

section may also possess and retain the

following species, with the restrictions

noted, 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); skate (species in the

family Rajidae); monkfish and monkfish

parts up to 10 percent by weight of all

other species on board; and American

lobster up to 10 percent by weight of all

other species on board or two hundred

lobsters, whichever is less.

(4) Addition or deletion of

exemptions. The Regional Director may

add exemptions of species if he/she

makes a determination that the fishery

in which the species are fished for or

caught, after considering the gear used,

area where the fishery occurs and other

relevant factors, has a catch of less than

5 percent by weight of regulated species.

The Regional Director may delete an

existing exemption if he/she makes a

determination that the catch of

regulated species is greater than or equal

to 5 percent by weight. Notification of

additions or deletions will be made

through publication of a rule in the

Federal Register.

(e) Midwater trawl gear exemption. (1)

For the GOM/GB, JL/SB, and Nantucket

Lightship regulated mesh areas south of

42°20′ N. latitude, fishing for Atlantic

herring or blueback herring, mackerel,

and squid may take place throughout

the fishing year with midwater trawl

gear of mesh size less than the regulated

size, provided that:

(i) Midwater trawl gear is used

exclusively;

(ii) The vessel deploying midwater

gear is issued an authorizing letter by

the Regional Director;

(iii) The authorizing letter is on board

the vessel; and

(iv) The vessel does not fish for,

possess, or land multispecies finfish.

(v) The vessel only fishes for,

possesses, or lands Atlantic herring,

blueback herring, mackerel, or squid in

areas south of 42°20′ N. lat., and

Atlantic herring, blueback herring, or

mackerel in areas north of 42°20′ N. lat.

(2) For the GOM/GB and JL/SB

regulated mesh areas north of 42°20′ N.

lat., fishing for Atlantic herring or

blueback herring and for mackerel may

take place throughout the fishing year

with midwater trawl gear of mesh size

less than the regulated size, provided

that the requirement of paragraphs (e)(1)

(i) through (v) of this section are met.

(f) Purse seine gear exception. For the

GOM/GB, JL/SB, and Nantucket

Lightship regulated mesh areas, fishing

for Atlantic herring or blueback herring,

mackerel, and menhaden may take place

throughout the fishing year with purse

seine gear of mesh size less than the

regulated size, provided that:

(1) Purse seine gear is used

exclusively;

(2) The vessel deploying the purse

seine gear is issued an authorizing letter

by the Regional Director;

(3) The authorizing letter is on board

the vessel; and

(4) The vessel does not fish for,

possess, or land multispecies finfish.

(5) The vessel only fishes for,

possesses, or lands Atlantic herring,

blueback herring, mackerel, or

menhaden.

* * * * *

(i) Scallop dredge vessel restrictions.

Scallop vessels using scallop dredge

gear that possess a limited access

scallop permit under § 650.4(a) of this

chapter and are not fishing under the

scallop days-at-sea program described in

§ 650.24 of this chapter, or scallop

dredge vessels that possess a General

scallop permit under § 650.4(b) of this

chapter, are prohibited from fishing for,

possessing on board, or landing any

species of fish other than 400 pounds

(181.44 kg) of shucked scallops, or 50
19376 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

U.S. bushels (17.62 hl) of in-shell

scallops as specified under §§ 650.24

and 650.4(b) of this chapter. Vessels

fishing under the state waters

exemption program in § 650.27 of this

chapter are exempt from this restriction.

Vessels subject to this restriction, when

fishing in the areas specified in

paragraphs (a)(3), (a)(4), (c)(1) and (d)(1)

of this section, may retain the exempted

small-mesh species as provided under

the small-mesh exemptions specified

under paragraphs (a)(3)(i), (a)(4)(i),

(c)(3), and (d)(3), respectively, of this

section.

(j) State waters winter flounder

exemption. Any vessel issued a Federal

multispecies permit under this part may

fish for, possess, or land winter flounder

subject to possession limits specified at

§ 651.27(a)(2), while fishing with nets of

mesh smaller than the minimum size

specified in paragraphs (a)(2), (c)(2) and

(d)(2) provided that:

(1) The vessel has on board a

certificate approved by the Regional

Director and issued by the state agency

authorizing the vessel’s participation in

the state’s winter flounder fishing

program and is in compliance with the

applicable state laws pertaining to

minimum mesh size for winter flounder;

(2) Fishing is conducted exclusively

in the waters of the state from which the

certificate was obtained;

(3) The state’s winter flounder plan

has been approved by the Atlantic

States Marine Fisheries Commission

(ASMFC) as being in compliance with

the ASMFC Winter Flounder Fishery

Management Plan;

(4) The state elects, by a letter to the

Regional Director, to participate in the

exemption program described by this

section;

(5) The vessel does not enter or transit

the EEZ;

(6) The vessel does not enter or transit

the waters of another state unless such

other state is participating in the

exemption program described by this

section and the vessel is enrolled in that

state’s program;

(7) The vessel does not fish for,

possess, or land any regulated species,

exclusive of winter flounder;

(8) The vessel does not fish for,

possess, or land any species of fish other

than winter flounder and the exempted

small mesh species specified under

(a)(3)(i), (c)(3), and (d)(3) of this section

when fishing in the areas specified

under (a)(3), (c)(1), and (d)(1) of this

section, respectively; and

(9) The vessel complies with all other

applicable requirements.

7. Section 651.21 is revised to read as

follows:

§ 651.21 Closed areas.

(a) Closed Area I. (1) No fishing vessel

or person on a fishing vessel may enter,

fish, or be in the area known as Closed

Area I (Figure 3 to part 651), as defined

by straight lines connecting the

following points in the order stated,

except as specified in paragraphs (a)(2)

and (d) of this section:

Point Latitude Longitude

CI1 ............... 41°30′ N. 69°23′ W.

CI2 ............... 40°45′ N. 68°45′ W.

CI3 ............... 40°45′ N. 68°30′ W.

CI4 ............... 41°30′ N. 68°30′ W.;

and

CI1 ............... 41°30′ N. 69°23′ W.

(2) Paragraph (a)(1) of this section

does not apply to persons on fishing

vessels or fishing vessels:

(i) Fishing with or using pot gear

designed and used to take lobsters, or

pot gear designed and used to take

hagfish (Myxine glutinosa), and that

have no other gear on board capable of

catching multispecies finfish; and

(ii) Fishing with or using pelagic hook

or longline gear or harpoon gear,

provided that there is no retention of

regulated species, and provided that

there is no other gear on board capable

of catching multispecies finfish.

(b) Closed Area II. (1) No fishing

vessel or person on a fishing vessel may

enter, fish, or be in the area known as

Closed Area II (Figure 3 to part 651), as

defined by straight lines connecting the

following points in the order stated,

except as specified in paragraph (b)(2) of

this section:

Point Latitude Longitude

ClI1 .............. 41°00′ N. 67°20′ W.

ClI2 .............. 41°00′ N. 66°35.8′ W.

G5 ................ 41°18.6′ N. 66°24.8′ W.

(the U.S.-

Canada

Maritime

Boundary)

ClI3 .............. 42°22′ N. 67°20′ W.

(the U.S.-

Canada

Maritime

Boundary);

and

ClI1 .............. 41°00′ N. 67°20′ W.

(2) Paragraph (b)(1) of this section

does not apply to persons on fishing

vessels or fishing vessels:

(i) Fishing with or using pot gear

designed and used to take lobsters, or

pot gear designed and used to take

hagfish (Myxine glutinosa), and which

have no other gear on board capable of

catching multispecies finfish;

(ii) Fishing with or using pelagic hook

or longline gear or harpoon gear,

provided that there is no retention of

regulated species, and provided that

there is no other gear on board capable

of catching multispecies finfish; and

(iii) Transitting for safety reasons

provided that:

(A) The operator has determined that

there is a compelling safety reason; and

(B) Fishing gear is stowed in

accordance with paragraph (e) of this

section.

(c) Nantucket Lightship Closed Area.

(1) No fishing vessel or person on a

fishing vessel may enter, fish, or be in

the area known as the Nantucket

Lightship Closed Area (Figure 3 to part

651), as defined by straight lines

connecting the following points in the

order stated, except as specified in

paragraphs (c)(2) and (d) of this section:

Point Latitude Longitude

G10 .............. 40°50′ N. 69°00′ W.

CN1 .............. 40°20′ N. 69°00′ W.

CN2 .............. 40°20′ N. 70°20′ W.

CN3 .............. 40°50′ N. 70°20′ W.;

and

G10 .............. 40°50′ N. 69°00′ W.

(2) Paragraph (c)(1) of this section

does not apply to persons on fishing

vessels or fishing vessels:

(i) Fishing with or using pot gear

designed and used to take lobsters, or

pot gear designed and used to take

hagfish (Myxine glutinosa), and which

have no other gear on board capable of

catching multispecies finfish;

(ii) Fishing with or using pelagic hook

or longline gear or harpoon gear,

provided that there is no retention of

regulated species, and provided that

there is no other gear on board capable

of catching multispecies finfish;

(iii) Fishing with or using dredge gear

designed and used to take ocean

quahogs or surf clams, and which have

no other gear on board capable of

catching multispecies finfish; and

(iv) Classified as charter, party or

recreational vessel provided that,

(A) If the vessel is a party or charter

vessel: It has an authorizing letter issued

by the Regional Director on board;

(B) Fish harvested or possessed by the

vessel are not sold or intended for trade,

barter or sale, regardless of where the

fish are caught; and

(C) It has no gear other than rod and

reel or handline gear on board.

(d) Transitting. Vessels may transit

Closed Area I and the Nantucket

Lightship Closed Area as defined in

paragraphs (a)(1) and (c)(1) of this

section, provided that their gear is

stowed in accordance with the

provisions of paragraph (e) of this

section.
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19377

(e) Gear stowage requirements.

Vessels transitting the closed areas

specified under paragraph (a)(1), (b)(1),

or paragraph (c)(1) of this section must

stow their gear as follows:

(1) Net vessels may not have fishing

gear available for immediate use as

specified in § 651.20(c)(4).

(2) Scallop dredge vessels 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.

(3) Hook gear vessels using gear other

than pelagic hook gear must secure all

anchors and buoys, and have all hook

gear, including jigging machines,

covered.

(4) Sink gillnet vessels must cover all

nets with canvas or other similar

material and lash or otherwise securely

fasten the nets to the deck or rail, and

must have all buoys larger than six

inches (15.24 cm) in diameter, high

flyers and anchors disconnected.

8. In § 651.22, paragraphs (c), (d), and

(e) are revised to read as follows:

§ 651.22 Effort-control program for limited

access vessels.

* * * * *

(c) Fleet Days-at-Sea program. (1)

Beginning on May 1, 1994, all vessels

issued a limited access permit that are

longer than 45 ft (13.7 m) in length that

have not elected to fish under the

Individual DAS program as specified in

paragraph (a) of this section shall be

subject to the following effort-control

requirements:

(i) Days in which vessels may not

possess more than the possession limit

of regulated species as specified in

§ 651.27(a).

(A) During each fishing year,

beginning with 1994, vessel owners of

all such vessels must declare periods of

time out of the multispecies fishery

totaling at least the minimum number of

days listed for each such fishing year in

the following schedule. Each period of

time declared must be at least 20

consecutive days. At least one 20-

consecutive-day period must be

declared or taken between May 1 and

May 31, or between March 1 and April

10, of each fishing year. Each fishing

year shall begin on May 1 and extend

12 months through April 30 of the

following year.

Fishing year

Days out of

multispecies

fishing

1994 .......................................... 80

1995 .......................................... 80

1996 .......................................... 128

1997 .......................................... 165

Fishing year

Days out of

multispecies

fishing

1998 .......................................... 200

1999 .......................................... 233

(B) During each period of time

declared, the applicable vessel may not

possess more than the possession limit

of regulated species as specified in

§ 651.27(a).

(C) Adjustments to the schedule of

days out of the multispecies fishery, if

required to meet fishing mortality

reduction goals, may be made following

a reappraisal and analysis under the

framework provisions specified in

subpart C of this part.

(D) Procedure for declaring days. Fleet

DAS participants shall declare their

periods of required time under

paragraph (c)(1)(i) of this section,

following the notification procedures

specified in § 651.29(b).

(E) If a vessel owner has not declared,

or taken, the period of time required

between May 1 and May 31, or between

March 1 and April 10, of each fishing

year on or before April 11 of each such

year, the vessel is subject to the

possession limit specified under

§ 651.27(a) during the period April 11

through April 30, inclusive.

(F) If a vessel owner has not declared,

or taken, any or all of the remaining

periods of time required under

paragraph (c)(1)(i) of this section, by the

last possible date to meet the

requirement, the vessel is subject to the

possession limit specified under

§ 651.27(a) from that date through the

end of the fishing year.

(ii) Layover day requirement. (A) Fleet

DAS participants engaged in a fishing

trip that is not during the period of time

declared pursuant to paragraph (c)(1)(i)

of this section and that is longer than 24

hours must tie-up at the dock at the end

of such trip for a period equal to half the

time of the DAS accrued on the trip,

based on hourly increments, as recorded

through the notification procedures

specified in § 651.29(b).

(B) Accrual of DAS. DAS under the

card or call-in notification systems,

described in § 651.29 (b) and (d),

respectively, shall accrue in hourly

increments with all partial hours

counted as full hours. A DAS, under

either the card or call-in notification

system, begins once the card has been

read by the reader, or the phone call has

been received, and confirmation has

been given by the Regional Director. A

DAS ends under either the card or

phone notification system, when after

returning to port, the card has been read

by the reader, or the phone call has been

received, and confirmation has been

given by the Regional Director.

(C) Tie-up time begins to accrue when

the Regional Director is notified through

the monitoring system that the trip is

ended.

(D) A vessel that remains tied to the

dock beyond the time required will not

be credited with the additional time.

(E) A vessel required to be tied-up at

the dock under this part may not fish or

leave the dock under any capacity

during the tie-up period unless

authorized by the Regional Director.

(2) [Reserved]

(d) Exemptions from effort reduction

program—(1) Small boat. (i) Beginning

on May 1, 1994, vessels issued a limited

access permit under § 651.4(a) that are

45 ft (13.7 m) or less in length overall,

except vessels using sink gillnet gear,

will be exempt from the effort reduction

program if the vessel and vessel owner

comply with the following:

(A) Determination of the length will

be through the measurement along a

horizontal line drawn from a

perpendicular raised from the outside of

the most forward portion of the stem of

the vessel to a perpendicular raised

from the after most portion of the stern;

(B) To be eligible for the small-boat

exemption, vessels for which

construction is begun after May 1, 1994,

must be 45 feet (13.7 m) or less in length

and must be constructed such that the

product of the overall length divided by

the beam will not be less than 2.5; and

(C) The measurement of length overall

must be verified using documentation

that accurately states length overall as

described in paragraph (c)(1)(i)(A) of

this section. Acceptable documentation

includes U.S. Coast Guard

documentation on vessels built after

1984, written verification from a

qualified marine surveyor or the

builder, or the vessel’s construction

plans. A copy of the length overall

verification must accompany an

application for a Federal multispecies

permit issued under § 651.4.

(ii) Vessels fishing under the small

boat exemption must bring all gear back

to port at the conclusion of a fishing

trip, except gillnets and gear not

intended to fish for multispecies finfish,

such as lobster.

(iii) Adjustments to the small-boat

exemption, including changes to the

length requirement, if required to meet

fishing mortality reduction goals, may

be made following a reappraisal and

analysis under the framework

provisions specified in subpart C of this

part.

(2) Sink gillnet vessels. (i) A sink

gillnet vessel greater than 45 ft (13.7 m)

in length is exempt from the DAS effort
19378 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

reduction program of this part on all

fishing trips during which the vessel

fishes for multispecies exclusively with

sink gillnet gear, and does not have

other gear available for immediate use

as described in § 651.20(c)(4), if the

vessel owner or owner’s authorized

representative complies with

monitoring requirements set forth in

§ 651.28(c), unless effort reduction

measures are implemented pursuant to

subpart C of this part.

(ii) A sink gillnet vessel greater than

45 ft (13.7 m) in length that intends to

fish for, possess or land, or does possess

or land, more than the possession limit

of regulated species as specified in

§ 651.27(a) with gear other than sink

gillnet gear, or has other gear on board

that is not stowed as described in

§ 651.20(c)(4), at any time during a

calendar year, may fish under, and shall

be subject to, the DAS effort reduction

program of this part, except on trips that

qualify for the exemption set forth in

paragraph (d)(2)(i) of this section;

(iii) A sink gillnet vessel 45 ft (13.7 m)

or less in length is exempt from the DAS

effort reduction program of this part

unless effort reduction measures are

implemented pursuant to subpart C of

this part.

(3) Hook-gear-only vessels. Vessels

issued a limited access permit under

§ 651.4(a) and fishing with per trip, or

possessing on board the vessel, no more

than 4,500 rigged hooks are exempt

from the effort reduction program of this

part, subject to the requirements

specified in § 651.33.

(e) Scallop dredge vessels. Scallop

dredge vessels issued a limited access

permit under § 650.4(a) of this chapter,

except for combination vessels, may not

participate in and are not subject to the

DAS program and may not possess

regulated species.

9. In § 651.23, paragraph (c) is revised

to read as follows:

§ 651.23 Minimum fish size.

* * * * *

(c) The minimum fish size applies to

the whole fish or to any part of a fish

while possessed on board a vessel,

except as provided in paragraph (d) of

this section, and to whole fish only,

after landing. Fish or parts of fish must

have skin on while possessed on board

a vessel and at the time of landing in

order to meet minimum size

requirements. ‘‘Skin on’’ means the

entire portion of the skin normally

attached to the portion of the fish or fish

parts possessed.

* * * * *

10. Section 651.27 is revised to read

as follows:

§ 651.27 Possession limits.

(a) Regulated species possession

limit—(1) Small-mesh possession

restriction. Unless otherwise restricted

pursuant to § 651.20 (a), (e), or (f),

vessels with Federal multispecies

permits issued under this part and

vessels in the EEZ that possess nets

smaller than the minimum size

specified in § 651.20, are prohibited

from fishing for, possessing on board, or

landing regulated species, unless said

net is stowed and not available for

immediate use in accordance with the

provisions of § 651.20(c)(4) or unless the

vessel is fishing for winter flounder

under the state waters winter flounder

exemption specified under § 651.20(j).

(2) Large-mesh possession restriction.

Vessels that are subject to minimum

possession restrictions that are fishing

with nets that conform to the minimum

mesh size requirements specified in

§ 651.20 may possess and land up to 500

lb (226.8 kg) of regulated species subject

to the requirements of paragraphs (a)(2)

(i) through (iii) of this section, provided

that the regulated species were not

harvested by nets of mesh size smaller

than the minimum size specified in

§ 651.20. A limited access vessel subject

to the DAS program, when not fishing

under the DAS program and fishing

with a net of mesh size smaller than the

minimum size under the winter

flounder exemption specified at

§ 651.21(j), may possess or land up to

500 lb (226.8 kg) of winter flounder, and

may not fish for, possess, or land other

fish, except as provided in § 651.20(j)(8).

(i) Vessels subject to the large mesh

possession restriction shall have on

board the vessel at least one standard

box or one standard tote.

(ii) The regulated species stored on

board the vessel shall be retained

separately from the rest of the catch and

shall be readily available for inspection

and for measurement by placement of

the regulated species in a standard box

or standard tote if requested by an

authorized officer.

(iii) The maximum possession limit of

regulated species, as specified in

paragraph (a)(2) of this section, is equal

to 500 lb (226.8 kg) or its equivalent as

measured by the volume of four

standard boxes or five standard totes.

(b) Haddock possession limits—(1)

Scallop dredge vessels.

(i) No person owning or operating a

scallop dredge vessel issued a permit

under this part may land haddock from,

or possess haddock on board, a scallop

dredge vessel, from January 1 through

June 30.

(ii) No person owning or operating a

scallop dredge vessel may possess

haddock in, or harvested from, the EEZ,

from January 1 through June 30.

(iii) From July 1 through December

31, scallop dredge vessels and persons

owning or operating scallop dredge

vessels, are subject to the haddock

possession limitations and provisions

specified in § 651.27(b)(2), unless

otherwise restricted pursuant to

§ 651.20(i).

(2) Other vessels. (i) No person

owning or operating a vessel issued a

permit under this part may land, or

possess on board a vessel, more than

500 lb (226.8 kg) of haddock.

(ii) No person may land or possess on

board a vessel more than 500 lb (226.8

kg) of haddock in, or harvested from, the

EEZ.

(iii) Vessels subject to the haddock

possession limit shall have on board the

vessel at least one standard box or one

standard tote.

(iv) The haddock stored on board the

vessel shall be retained separately from

the rest of the catch and shall be readily

available for inspection and for

measurement by placement of the

haddock in a standard box or standard

tote if requested by an authorized

officer.

(v) The haddock possession limit is

equal to 500 lb (226.8 kg) or its

equivalent as measured by the volume

of four standard boxes or five standard

totes.

11. Section 651.32 is revised to read

as follows:

§ 651.32 Sink gillnet requirements to

reduce harbor porpoise takes.

(a) General. In addition to the

measures specified in §§ 651.20 and

651.21, persons owning or operating

vessels using, possessing on board a

vessel, unless stowed in accordance

with § 651.20(c)(4), or fishing with, sink

gillnet gear are subject to the following

restrictions unless otherwise authorized

in writing by the Regional Director:

(1) Area closed to sink gillnets. All

persons owning or operating vessels

must remove all of their sink gillnet gear

from, and may not use, set, haul back,

fish with, or possess on board, unless

stowed in accordance with

§ 651.21(e)(4), a sink gillnet in the EEZ

portion of the areas and for the times

specified in paragraphs (a)(1) (i) through

(iii) of this section; and, all persons

owning or operating vessels issued a

Federal multispecies limited access

permit must remove all of their sink

gillnet gear from, and may not use, set,

haul back, fish with, or possess on board

a vessel, unless stowed in accordance

with § 651.21(e)(4), a sink gillnet in the

areas, and for the times specified, in
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19379

paragraphs (a)(1) (i) through (iii) of this

section.

(i) Northeast Closure Area. During the

period August 15 through September 13

of each fishing year, the restrictions and

requirements specified in the

introductory text of paragraph (a)(1) of

this section shall apply to an area

known as the Northeast Closure Area,

which is an area bounded by straight

lines connecting the following points in

the order stated (see Figure 4 to part

651).

NORTHEAST CLOSURE AREA

Point Latitude Longitude

NE1 .............. Maine shoreline68°55.0′ W.

NE2 .............. 43°29.6′ N. 68°55.0′ W.

NE3 .............. 44°04.4′ N. 67°48.7′ W.

NE4 .............. 44°06.9′ N. 67°52.8′ W.

NE5 .............. 44°31.2′ N. 67°02.7′ W.

NE6 .............. Maine shoreline67°02.7′ W.

(ii) Mid-coast Closure Area. During

the period November 1 through

November 30 of each fishing year, the

restrictions and requirements specified

in the introductory text of paragraph

(a)(1) of this section shall apply to an

area known as the Mid-coast Closure

Area, which is an area bounded by

straight lines connecting the following

points in the order stated (see Figure 4

to part 651).

MID-COAST CLOSURE AREA

Point Latitude Longitude

MC1 ............. 42°45′ N. Massachusetts

shoreline.

MC2 ............. 42°45′ N. 70°15′ W.

MC3 ............. 43°15′ N. 70°15′ W.

MC4 ............. 43°15′ N. 69°00′ W.

MC5 ............. Maine shoreline69°00′ W.

(iii) Massachusetts Bay Closure Area.

During the period March 1 through

March 30 of each fishing year, the

restrictions and requirements specified

in the introductory text of paragraph

(a)(1) of this section shall apply to an

area known as the Massachusetts Bay

Closure Area, which is an area bounded

by straight lines connecting the

following points in the order stated (see

Figure 4 to part 651).

MASSACHUSETTS BAY CLOSURE AREA

Point Latitude Longitude

MB1 .............. 42°30′ N. Massachusetts

shoreline.

MB2 .............. 42°30′ N. 70°30′ W.

MB3 .............. 42°12′ N. 70°30′ W.

MB4 .............. 42°12′ N. 70°00′ W.

MB5 .............. Cape Cod

shoreline

70°00′ W.

MB6 .............. 42°00′ N Cape Cod

shoreline.

MB7 .............. 42°00′ N Massachusetts

shoreline.

(2) [Reserved]

(b) Framework adjustment. (1) By

September 15 of each year, the Council’s

Harbor Porpoise Review team (HPRT)

shall complete an annual review of

harbor porpoise bycatch and abundance

data in the Gulf of Maine sink gillnet

fishery, evaluate the impacts on other

measures that reduce harbor porpoise

take, and may make recommendations

on other ‘‘reduction-of-take’’ measures

in light of the harbor porpoise mortality

reduction goals.

(2) At the first Council meeting

following the HPRT annual meeting, the

team shall make recommendations to

the Council as to what adjustments or

changes, if any, to the ‘‘reduction-oftake’’ measures should be implemented

in order to meet harbor porpoise

mortality reduction goals.

(3) The Council may request at any

time that the HPRT review and make

recommendations on any alternative

‘‘reduction-of-take’’ measures or

develop additional ‘‘reduction-of-take’’

proposals.

(4) Upon receiving the

recommendations of the HPRT, the

Regional Director will publish

notification in the Federal Register of

any recommended changes or additions

to the ‘‘reduction-of-take’’ measures and

provide the public with any necessary

analysis and opportunity to comment on

any recommended changes or additions.

(5) After receiving public comment,

the Council shall determine whether to

recommend changes or additions to the

‘‘reduction-of-take’’ measures at the

second Council meeting following the

meeting at which it received the HPRT’s

recommendations.

(6) If the Council decides to

recommend changes or additions to the

‘‘reduction-of-take’’ measures, it shall

make such a recommendation to the

Regional Director, which must include

supporting rationale, and, if

management measures are

recommended, an analysis of impacts

and a recommendation to the Regional

Director on whether to publish the

management measures as a final rule. If

the Council recommends that the

management measures should be

published as a final rule, the Council

must consider at least the factors

specified in § 651.40(d).

(7) The Regional Director may accept,

reject, or, with Council approval,

modify the Council’s recommendation,

including the Council’s

recommendation to publish a final rule.

If the Regional Director does not

approve the Council’s specific

recommendation, he/she must provide

in writing to the Council the reasons for

his/her action prior to the first Council

meeting following publication of his/her

decision.

11. The figure added to part 651 at 59

FR 26978 (May 25, 1994) is designated

as Figure 4 to part 651.

12. Figure 5 to part 651 is removed

and Figures 1 and 3 to part 651 are

revised to read as follows:

BILLING CODE 3510–22–W
19380 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

Figure 1 to Part 651—Regulated Mesh Areas
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19381

Figure 3 to Part 651—Closed Areas

[FR Doc. 95–9404 Filed 9–13–95; 8:50 am]

BILLING CODE 3510–22–C