27862 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

(2) Escape Vents. (i) The owners or

operators of fishing vessels issued a

scup moratorium permit under § 625.34

that are fishing with scup pots or traps,

must fish with traps or pots that have a

circular escape vent with a minimum of

3.1 inches (7.9 cm) in diameter, or a

square escape vent with a minimum of

2.25 inches (5.7 cm) for each side, or an

equivalent rectangular escape vent.

(ii) The minimum escape vent size set

forth in paragraph (b)(2) of this section

may be revised following the procedures

in § 625.50.

§ 625.54 Minimum fish sizes.

(a) The minimum size for scup is 9

inches (22.9 cm) TL for all vessels

issued a moratorium permit under

§ 625.34; if such a vessel is also issued

a charter and party boat permit and is

carrying passengers for hire, or carrying

more than three crew members if a

charter boat, or more than five crew

members if a party boat, then the

minimum size specified in paragraph (b)

of this section applies.

(b) The minimum size for scup is 7

inches (17.8 cm) TL for all vessels that

do not qualify for a moratorium permit,

or for party and charter vessels that are

issued a moratorium permit but are

fishing with passengers for hire, or

carrying more than three crew members

if a charter boat, or more than five crew

members if a party boat.

(c) The minimum size applies to

whole fish or any part of a fish found

in possession, e.g., fillets. These

minimum sizes may be adjusted

pursuant to the procedures in § 625.50.

§ 625.55 Possession limit.

(a) Pursuant to the procedures in

§ 625.50, the Regional Director may

limit the number of scup that may be

possessed in or harvested from the EEZ

by persons aboard vessels that have not

been issued a valid moratorium permit.

(b) If whole scup are processed into

fillets, an authorized officer will convert

the number of fillets to whole scup at

the place of landing by dividing fillet

number by 2. If scup are filleted into a

single (butterfly) fillet, such fillet shall

be deemed to be from one whole scup.

(c) Scup harvested by vessels subject

to the possession limit with more than

one person aboard may be pooled in one

or more containers. Compliance with

the daily possession limit will be

determined by dividing the number of

scup aboard by the number of persons

on board other than the captain and

crew. If there is a violation of the

possession limit on board a vessel

carrying more than one person, the

violation shall be deemed to have been

committed by the owner and operator.

§ 625.56 At-sea observer coverage.

(a) The Regional Director may require

observers for any vessel holding a

permit issued under § 625.34.

(b) Owners of vessels selected for

observer coverage must notify the

appropriate Regional Director or Center

Director, as specified by the Regional

Director, before commencing any fishing

trip that may result in the harvest of

scup. Notification procedures will be

specified in selection letters to vessel

owners.

(c) An owner or operator of a vessel

on which a NMFS-approved observer is

embarked must:

(1) Provide accommodations and food

that are equivalent to those provided to

the crew.

(2) Allow the observer access to and

use of the vessel’s communications

equipment and personnel upon request

for the transmission and receipt of

messages related to the observer’s

duties.

(3) Allow the observer access to and

use of the vessel’s navigation equipment

and personnel upon request to

determine the vessel’s position.

(4) Allow the observer free and

unobstructed access to the vessel’s

bridge, working decks, holding bins,

weight scales, holds, and any other

space used to hold, process, weigh, or

store fish.

(5) Allow the observer to inspect and

copy any records associated with the

catch and distribution of fish for that

trip.

§ 625.57 Experimental fishery.

(a) The Regional Director, in

consultation with the Executive Director

of the Council, may exempt any person

or vessel from the requirements of this

part for the conduct of experimental

fishing beneficial to the management of

the scup resource or fishery.

(b) The Regional Director may not

grant such exemption unless he/she

determines that the purpose, design,

and administration of the exemption is

consistent with the objectives of the

FMP, the provisions of the Magnuson

Act, and other applicable law, and that

granting the exemption will not:

(1) Have a detrimental effect on the

scup resource and fishery;

(2) Cause any quota to be exceeded; or

(3) Create significant enforcement

problems.

(c) Each vessel participating in any

exempted experimental fishing activity

is subject to all provisions of this FMP

except those necessarily relating to the

purpose and nature of the exemption.

The exemption will be specified in a

letter issued by the Regional Director to

each vessel participating in the

exempted activity. This letter must be

carried on board the vessel seeking the

benefit of such exemption.

§ 625.58 Protection of threatened and

endangered sea turtles.

This section supplements existing

regulations issued to regulate incidental

take of sea turtles under authority of the

Endangered Species Act under 50 CFR

parts 217 and 227. In addition to the

measures required under those parts

NMFS will investigate the extent of take

in flynet gear and if deemed

appropriate, may develop and certify a

Turtle Excluder Device (TED) for that

gear.

[FR Doc. 96–13701 Filed 5–29–96; 1:02 pm]

BILLING CODE 3510–22–W

50 CFR Parts 650 and 651

[I.D. 052296A]

New England Fishery Management

Council; Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public meeting.

SUMMARY: The New England Fishery

Management Council (Council) will

hold a 2-day public meeting to consider

actions affecting New England fisheries

in the exclusive economic zone.

DATES: The meeting will begin on

Wednesday, June 5, 1996, at 10 a.m. and

on Thursday, June 6, 1996, at 8:30 a.m.

ADDRESSES: The meeting will be held at

the King’s Grant Inn, Route 128 and

Trask Lane, Danvers, MA; telephone

(508) 774–6800. Requests for special

accommodations should be addressed to

the New England Fishery Management

Council, 5 Broadway, Saugus, MA

01906–1097; telephone: (617) 231–0422.

FOR FURTHER INFORMATION CONTACT:

Douglas G. Marshall, Executive Director,

(617) 231–0422.

SUPPLEMENTARY INFORMATION:

June 5, 1996

After introductions, the June 5 session

will begin with the Groundfish

Committee Report. Issues associated

with the implementation of Amendment

7 to the Council’s Northeast

Multispecies Fishery Management Plan

(Multispecies FMP) will be discussed

along with amendment measures

disapproved by the Secretary of

Commerce. The committee also will

provide an update on several pending

framework adjustments to the plan,

including possible modification of
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27863

gillnet effort reduction measures,

establishment of area closures in the

Gulf of Maine to protect juvenile and

spawning fish, the possession limit for

haddock, and Southern New England

mesh size rules. There will be an update

on the development of a plan

amendment to address management of

the whiting fishery and informal

industry meetings on the displacement

of fishing effort to New England inshore

areas.

During the afternoon session, a

representative of the Office of

Sustainable Development will brief the

Council on Commerce’s program to

reduce fishing capacity in the

groundfish fleet by paying vessel

owners to retire vessels and their fishing

privileges. The Marine Mammal

Committee will then discuss a

recommendation to initiate framework

adjustment to the Multispecies FMP. If

approved as an initial action, the

Council would expand the timing of the

Mid-coast Closure Area, currently in

place to reduce the bycatch of harbor

porpoise in the Gulf of Maine sink

gillnet fishery, to include the period

September 15 through October 31. The

afternoon agenda will conclude with a

discussion of the Monkfish Committee’s

recommendation for an overfishing

definition and management alternatives

to be reviewed at future public hearings.

June 6, 1996

The June 6 session will begin with

reports from the Council Chairman,

Executive Director, Director, Northeast

Region, NMFS (Regional Director), and

representatives from the Northeast

Fisheries Science Center, Atlantic States

Marine Fisheries Commission, U.S.

Coast Guard, and the Mid-Atlantic

Council. The Herring Committee will

discuss mid-water trawl operations

during the October 1 through 21

spawning closure period and a request

for a herring fishery in the areas closed

for groundfish conservation. The Large

Pelagics Committee will discuss

proposed regulations for Atlantic tunas,

followed by the Gear Conflict

Committee report. The Council will

review recent public hearing comments

on the development of a framework

adjustment process to address gear

conflicts through Council management

plans. At the recommendation of the

Sea Scallop Committee, the Council

may take final action on Framework

Adjustment 8 to the Atlantic Sea

Scallop Fishery Management Plan

(Scallop FMP). If approved, the action

would allow some vessels fishing with

dredges to also use nets to harvest sea

scallops if they meet certain criteria.

Scallop regulations currently prohibit

dredge vessels from using nets to

harvest scallops. The Council may also

approve a new location for

establishment of a temporary

experimental use area 10 miles south of

Martha’s Vineyard for sea scallop

research, enhancement, and

aquaculture. The action would be

submitted as Amendment 5 to the

Scallop FMP. The meeting will

conclude after the Council considers

Illex squid management

recommendations from the ad hoc

Squid, Mackerel and Butterfish

Committee and the conclusion of any

other outstanding business.

Abbreviated Rulemaking—Atlantic Sea

Scallops

At the recommendation of its Scallop

Committee, the Council will consider

final action on Framework Adjustment

8 to the Scallop FMP under the

framework for abbreviated rulemaking

procedure contained in 50 CFR 650.40.

The Council proposes to allow vessels

that have used a scallop dredge five

times or less from 1988 through 1994 to

continue to use nets to catch scallops.

Options for determining whether it is

impractical for vessels to use dredges

include a change of owners, total

refitting of the vessel, and horsepower

limits.

Abbreviated Rulemaking Action—

Northeast Multispecies

The Council will consider initial

action on Framework Adjustment 15 to

the Northeast Multispecies FMP under

the framework for abbreviated

rulemaking procedure contained in 50

CFR 651.40. The Council proposes to

reduce further the bycatch of harbor

porpoise in the Gulf of Maine sink

gillnet fishery by expanding the closure

period in the Mid-coast Area. Currently,

the use of sink gillnets is prohibited

from November 1 through December 31.

This adjustment would add September

15 through October 31 to the existing

closure period. No change in area is

proposed although the Council may

recommend an experimental fishery to

continue the assessment of the use of

acoustic deterrents to mitigate the

porpoise bycatch.

The Council will consider public

comments at a minimum of two Council

meetings prior to making any final

recommendations to the Regional

Director, under the provisions for

abbreviated rulemaking cited above. If

the Regional Director concurs with the

measures proposed by the Council, he

will publish them as a final rule in the

Federal Register.

The Council will address any other

outstanding business at the conclusion

of the agenda items described above.

Special Accommodations

The meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to

Douglas G. Marshall (see ADDRESSES) at

least 5 days prior to the meeting date.

Dated: May 28, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–13746 Filed 5–31–96; 8:45 am]

BILLING CODE 3510–22–F