29320 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

[FR Doc. 96–14463 Filed 6–7–96; 8:45 am]

BILLING CODE 6560–50–C
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29321

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 656 and 697

[Docket No. 950915230–6123–03; I.D.

022796D]

RIN 0648–AH57

Atlantic Striped Bass Fishery; Atlantic

Coastal Fisheries Cooperative

Management; Consolidation and

Revision of Regulations

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS consolidates

regulations pertaining to the Atlantic

striped bass and weakfish fisheries,

which are now contained in two CFR

parts, into a single part. The

consolidated regulations are revised to

be more concise, better organized, and

easier for the public to use. In addition,

certain prohibitions and definitions

currently in parts 656 and 697 are

removed and replaced by references to

general sections of the regulations to

achieve conformity and to eliminate

unnecessary regulatory text. This action

is part of the President’s Regulatory

Reinvention Initiative.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT: Tom

Meyer, (301) 713–2339.

SUPPLEMENTARY INFORMATION:

Pursuant to the Regulatory

Reinvention Initiative of the President,

this final rule removes 50 CFR 656

(Atlantic striped bass regulations) and

revises 50 CFR part 697 (Atlantic coastal

fisheries cooperative management

regulations) by consolidating into part

697 the regulations previously

contained in parts 656 and 697.

Duplicative regulatory text previously

contained in those parts is eliminated.

Additional background for this rule

was contained in the preamble to the

proposed rule (61 FR 13811, March 28,

1996). No comments were received.

Classification

This final rule has been determined to

be not significant for the purposes of

E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

final rule would not have a significant

economic impact on a substantial

number of small entities. The reasons

were published in the proposed rule (61

FR 13811, March 28, 1996). As a result,

a regulatory flexibility analysis was not

prepared.

List of Subjects in 50 CFR Parts 656 and

697

Fisheries, Fishing.

Dated: May 31, 1996.

Gary C. Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR chapter VI is

amended as follows:

CHAPTER VI—FISHERY CONSERVATION

AND MANAGEMENT, NATIONAL OCEANIC

AND ATMOSPHERIC ADMINISTRATION,

DEPARTMENT OF COMMERCE

PART 656—[REMOVED]

1. Part 656, under the authority of 16

U.S.C. 1851 note, is removed.

2. Part 697 is revised to read as

follows:

PART 697—ATLANTIC COASTAL

FISHERIES COOPERATIVE

MANAGEMENT

Sec.

697.1 Purpose and scope.

697.2 Definitions.

697.3 Relation to the Magnuson Act.

697.4 Civil procedures.

697.5 Specifically authorized activities.

697.6 Prohibitions.

Authority: 16 U.S.C. 1851 note, 5101 et

seq.

§ 697.1 Purpose and scope.

The regulations in this part

implement section 804(b) of the Atlantic

Coastal Fisheries Cooperative

Management Act, 16 U.S.C. 5101 et seq.,

and section 6 of the Atlantic Striped

Bass Conservation Act Appropriations

Authorization, 16 U.S.C. 1851 note, and

govern fishing in the EEZ on the

Atlantic Coast for species covered by

those acts.

§ 697.2 Definitions.

In addition to the definitions in

§ 600.10 of this chapter, the terms in

this part have the following meanings:

Atlantic striped bass means members

of stocks or populations of the species

Morone saxatilis found in the waters of

the Atlantic Ocean north of Key West,

FL.

Block Island Southeast Light means

the aid to navigation light located at

Southeast Point, Block Island, RI, and

defined as follows: Located at

40°09.2′N. lat., 71°33.1′W. long; is 201 ft

(61.3 m) above the water; and is shown

from a brick octagonal tower 67 ft (20.4

m) high attached to a dwelling on the

southeast point of Block Island, RI.

Continuous transit means that a vessel

remains continuously underway while

in the EEZ.

Fish, when used as a verb, for the

purposes of this part, means any activity

that involves:

(1) The catching, taking, or harvesting

of fish;

(2) The attempted catching, taking, or

harvesting of fish;

(3) Any other activity that can

reasonably be expected to result in the

catching, taking, or harvesting of fish; or

(4) Any operations at sea in support

or, or in preparation for, any activity

described in paragraph (1), (2), or (3) of

this definition.

Land means to begin offloading fish,

to offload fish, or to enter port with fish.

Montauk Light means the aid to

navigation light located at Montauk

Point, NY, and defined as follows:

Located at 41°04.3′N. lat., 71°51.5′W.

long.; is shown from an octagonal,

pyramidal tower, 108 ft (32.9 m) high;

and has a covered way to a dwelling.

Point Judith Light means the aid to

navigation light located at Point Judith,

RI, and defined as follows: Located at

41°21.7′N. lat., 71°28.9′W. long.; is 65 ft

(19.8 m) above the water; and is shown

from an octagonal tower 51 ft (15.5 m)

high.

Retain means to fail to return Atlantic

striped bass or weakfish to the sea

immediately after the hook has been

removed or the fish has otherwise been

released from the capture gear. Weakfish

means members of the stock or

population of the species Cynoscion

regalis, found along the Atlantic coast

from southern Florida to Massachusetts

Bay.

§ 697.3 Relation to the Magnuson Act.

The provisions of sections 307

through 311 of the Magnuson Act, as

amended, regarding prohibited acts,

civil penalties, criminal offenses, civil

forfeitures, and enforcement apply with

respect to the regulations in this part, as

if the regulations in this part were

issued under the Magnuson Act.

§ 697.4 Civil procedures.

The civil procedure regulations at 15

CFR part 904 apply to civil penalties,

permit sanctions, seizures, and

forfeitures under the Atlantic Striped

Bass Act and the Atlantic Coastal Act,

and the regulations in this part.

§ 697.5 Specifically authorized activities.

NMFS may authorize, for the

acquisition of information and data,
29322 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

activities that are otherwise prohibited

by the regulations in this part.

§ 697.6 Prohibitions.

(a) Atlantic Coast weakfish fishery. In

addition to the prohibitions set forth in

§ 600.725, the following prohibitions

apply. It is unlawful for any person to

do any of the following:

(1) Fish for weakfish in the EEZ.

(2) Harvest any weakfish from the

EEZ.

(3) Possess any weakfish in or from

the EEZ.

(4) Fail to return to the water

immediately, with the least possible

injury, any weakfish taken within the

EEZ.

(b) Atlantic striped bass fishery. It is

unlawful for any person to do any of the

following:

(1) Fish for Atlantic striped bass in

the EEZ.

(2) Harvest any Atlantic striped bass

from the EEZ.

(3) Possess any Atlantic striped bass

in or from the EEZ, except for the

following area: The EEZ within Block

Island Sound, north of a line connecting

Montauk Light, Montauk Point, NY, and

Block Island Southeast Light, Block

Island, RI; and west of a line connecting

Point Judith Light, Point Judith, RI, and

Block Island Southeast Light, Block

Island, RI. Within this area, possession

of Atlantic striped bass is permitted,

provided no fishing takes place from the

vessel while in the EEZ and the vessel

is in continuous transit.

(4) Fail to return to the water

immediately, with the least possible

injury, any Atlantic striped bass taken

within the EEZ.

[FR Doc. 96–14165 Filed 6–7–96; 8:45 am]

BILLING CODE 3510–22–F