[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30028-30030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14963]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 960216032-6158-05; I.D. 052196A]


Northeast Multispecies Fishery; Amendment 7; Resubmission of 
Disapproved Measure for an Open Access Permit for Nonregulated 
Multispecies

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement a revised measure that 
was disapproved in the preliminary evaluation of Amendment 7 to the 
Northeast Multispecies Fishery Management Plan (FMP) as revised and 
resubmitted by the New England Fishery Management Council (Council). 
This revision would rename the existing open access Possession Limit 
Permit, and allow certain fisheries to continue under this permit 
category that would otherwise be prohibited by Amendment 7. The 
intended effect of this action is to continue to allow fishing for 
nonregulated multispecies (silver hake, red hake, and ocean pout) by 
vessels that do not qualify for a limited access multispecies permit.

DATES: Comments on this proposed rule must be received by July 1, 1996.

ADDRESSES: Comments should be sent to Dr. Andrew A. Rosenberg, 
Director, NMFS, Northeast Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark on the outside of the envelope ``Comments on 
Possession Limit Permit Category.''

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery 
Management Specialist, 508-281-9288.

SUPPLEMENTARY INFORMATION: The Council submitted Amendment 7 to the FMP 
on February 5, 1996. After a preliminary evaluation, the following 
three measures in the amendment were disapproved on February 14, 1996: 
An additional allowance of days-at-sea (DAS) for trawl vessels enrolled 
in the Individual DAS category that use 8-inch (20.32 cm) mesh, a 300-
lb (136.1 kg) possession limit of regulated species for vessels that 
use 8-inch (20.32 cm) mesh in an exempted fishery, and the 
establishment of a limited access category for vessels that fished in 
the Possession Limit Open Access category under Amendment 5. The 
remainder of Amendment 7 was published as a proposed rule on March 5, 
1996 (61 FR 8540). The first two of the three disapproved measures were 
resubmitted by the Council. The measure that would have allowed a 300-
lb (136.1 kg) regulated species possession limit for vessels fishing 
with 8-inch (20.32 cm) mesh in an exempted fishery was again 
disapproved, and the measure that would give additional multispecies 
DAS to all limited access multispecies vessels fishing exclusively with 
large mesh was published as a proposed rule on April 18, 1996 (61 FR 
16892), and was added to the final rule to implement Amendment 7, which 
was published on May 31, 1996 (61 FR 27710). Pursuant to section 
304(b)(3)(A) of the Magnuson Fishery Conservation and Management Act 
(Magnuson Act), the Council has resubmitted the measure that would 
implement a possession limit permit by revising it to allow possession 
of nonregulated multispecies, defined to be silver hake, red hake, and 
ocean pout. This proposed permit is now named the ``open access 
nonregulated multispecies permit.''
    On February 27-28, 1996, the Council discussed the three 
disapproved measures and voted to resubmit revisions of the first and 
second while deferring action on the third measure pending further 
discussions. The third measure disapproved by NMFS was the proposed 
implementation of a limited access possession limit permit under the 
FMP. An inequity would have been established if this measure were 
implemented, because vessels would have to qualify for a permit that 
would not allow fishing for regulated multispecies, whereas, if vessel 
owners selected an open access category and used appropriate gear, they 
would be allowed to catch regulated and nonregulated multispecies. 
Furthermore, an administrative burden would have been created because 
vessel permit applications would have to be processed through a review 
procedure to qualify for the permit, with a possibility that no fishing 
for multispecies finfish would be allowed after this time.
    Subsequent to the disapproval of this measure, several affected 
fishermen contacted the Council and indicated that, if an open access 
permit for nonregulated multispecies were not established, they would 
be denied an opportunity to fish for or retain a bycatch of 
nonregulated multispecies. The fishermen indicated that this would 
occur even though the impact of their activities on regulated species 
would be controlled by the fishery exemption program that only allows 
those fisheries that have a minimal bycatch of regulated species.
    On April 17-18, 1996, the Council passed a motion to resubmit the 
proposed possession limit permit category, redefining it as an open 
access permit category for nonregulated species and renaming it the 
``Nonregulated Multispecies'' permit category. This permit category 
would allow fishing for nonregulated multispecies by vessels using 
various gear types that do not qualify for a limited access 
multispecies permit and would eliminate any inequity or administrative 
burden associated with the need to qualify for a permit. The Council 
believes that implementation of this permit category jeopardizes 
neither the nonregulated multispecies, because they are not currently 
categorized as overfished, nor the regulated species, because a fishery 
allowed under this permit would be required to be exempted and meet the 
regulated multispecies bycatch limit of 5 percent.

Classification

    Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires 
NMFS to publish implementing regulations proposed by a Council within 
15 days of the receipt of an amendment and proposed regulations. At 
this time, NMFS has not determined whether the amendment this rule 
would implement is consistent with the national standards, other 
provisions of the Magnuson Act, and other applicable law. NMFS, in 
making that determination, will take into account the information, 
views and comments received during the comment period.
    This proposed rule has been determined to be not significant for 
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 proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. Vessels benefitting from this open access permit could 
have an increase in gross ex-vessel revenues of more than 5 percent 
compared to the status quo. However, the number of small entities being 
affected in this manner is believed to be much less than 20 percent of 
the vessels that are in the Northeast multispecies fishery (all of 
which are considered small entities). No vessels are expected to cease 
operations if the proposed action is implemented, nor are

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vessels expected to incur increased operating costs. As a result, a 
regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 6, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 651 is 
proposed to be amended as follows:

PART 651--NORTHEAST MULTISPECIES FISHERY

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

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

    2. In Sec. 651.2, the definition for ``Nonregulated Multispecies'' 
is added in alphabetical order to read as follows:


Sec. 651.2  Definitions.

* * * * *
    Nonregulated Multispecies means the subset of multispecies finfish 
that includes silver hake, red hake, and ocean pout.
* * * * *
    3. In Sec. 651.4, paragraph (c) is revised to read as follows:


Sec. 651.4  Vessel permits.

* * * * *
    (c) Open access permits. Subject to the restrictions in 
Sec. 651.33, a U.S. vessel that has not been issued a limited access 
multispecies permit may obtain an open access Handgear, Charter/Party 
or Nonregulated Multispecies permit. Vessels that are issued a valid 
scallop limited access permit under Sec. 650.4 of this chapter may 
obtain an open access Scallop Multispecies Possession Limit permit.
* * * * *
    4. In Sec. 651.33, paragraph (d) is added to read as follows:


Sec. 651.33  Open access permit restrictions.

* * * * *
    (d) A vessel issued a valid open access Nonregulated Multispecies 
permit issued under Sec. 651.4(c) may possess nonregulated 
multispecies, provided it does not fish for, possess, or land regulated 
species. The vessel is subject to restrictions on gear, area, and time 
of fishing specified in Sec. 651.20.
[FR Doc. 96-14963 Filed 6-10-96; 12:26 pm]
BILLING CODE 3510-22-F