Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27851

recording and reporting of workplace

deaths, injuries and illnesses, which

appeared in the Federal Register on

February 2, 1996 (61 FR 4030). At the

request of stakeholders, OSHA is

extending the end of the public

comment period through July 1, 1996.

DATES: Written comments on the NPRM

must be postmarked on or before July 1,

1996.

ADDRESSES: Written comments should

be submitted in quadruplicate or one

original (hardcopy) and 1 disk (51⁄4 or

31⁄2) in Wordperfect 5.0, 5.1, 6.0 or

ASCII to: Docket Officer, Docket No. R–

02, Occupational Safety and Health

Administration, Room N–2625, U.S.

Department of Labor, 200 Constitution

Avenue NW, Washington, D.C. 20210,

telephone (202) 219–7894. Comments of

10 pages or less may be transmitted by

facsimile to (202) 219–5046 provided

the original and 4 copies of the

comment are sent to the Docket Officer

thereafter.

FOR FURTHER INFORMATION CONTACT:

Ms. Anne Cyr, U.S. Department of

Labor, OSHA, Room N–3647, 200

Constitution Avenue NW., Washington,

DC 20210, (202) 219–8148.

SUPPLEMENTARY INFORMATION: OSHA

published a Notice of Proposed

Rulemaking covering the recording and

reporting of workplace deaths, injuries

and illnesses along with announcing a

public meeting which was held March

26–29, which appeared in the Federal

Register on February 2, 1996 (61 FR

4030). OSHA published a second notice

to provide the public with additional

information regarding the economic

analysis of the proposed rule in the

Federal Register on February 29, 1996

(61 FR 7758–7760). OSHA published a

third notice to announce a second

public meeting and an extension of the

comment period on April 8, 1996 (61 FR

15435). The second public meeting was

held April 30 and May 1 to give the

public another opportunity to provide

OSHA with information on the

proposed rule. The transcript of that

meeting, along with additional material,

has been placed in the docket by OSHA.

The additional material consists of the

following documents:

1. ‘‘Subcontractor Safety as Influenced by

General Contractors on Small and Medium

Sized Projects’’. University of Washington,

Jimmie Hinze and Lori A. Figone, October

1988.

2. ‘‘Assuring Accuracy in Employer Injury

and Illness Records’’, U.S. General

Accounting Office (HRD–89–23), December

1988.

3. Various materials relating to OSHA

inspection activity for significant

occupational injury and illness

recordkeeping cases.

4. Various OSHA and BLS letters to the

public interpreting OSHA’s occupational

injury and illness recording and reporting

regulations.

5. Various letters and documents

describing OSHA’s collection of 1995

workplace injury and illness information.

6. Documents relating to a pilot program to

evaluate the accuracy of workplace injury

and illness records, including ‘‘Evaluating

Workplace Injury and Illness Records;

Testing a Procedure’’ Monthly Labor Review,

April 1988.

7. A July 21, 1978 Federal Register Notice

announcing rule changes for ‘‘Access to the

Log of Occupational Injuries and Illnesses to

Employees and their Representatives’’ (43 FR

31324).

8. A December 28, 1982 Federal Register

Notice announcing rule changes for

‘‘Exemption From Requirements for

Recording Occupational Injuries and

Illnesses’’ (47 FR 57699).

The transcripts of both public

meetings, comments from the public

and documentary evidence are available

from the OSHA Docket Office (see

Addresses) Docket No. R–02.

Signed in Washington, DC, this 29th day of

May, 1996.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 96–13836 Filed 5–30–96; 8:45 am]

BILLING CODE 4510–26–M

DEPARTMENT OF DEFENSE

48 CFR Parts 45 and 52

Federal Acquisition Regulation;

Government Property

AGENCY: Department of Defense.

ACTION: Notice of public meetings.

SUMMARY: The next public meetings of

the Government Property Rewrite Team

are scheduled for June 19 and 20, 1996

(and might continue on June 21, 1996,

if necessary). Discussion will focus on a

draft revision of FAR Part 45—

Government Property and associated

contract clauses.

DATES: Public Meetings: The public

meetings will be conducted at the

address shown below from 9:30 a.m. to

5:00 p.m., local time, on June 19, 20,

and, if necessary, June 21, 1996.

ADDRESSES: Public Meetings: The public

meetings will be held in the 4th floor

conference room, VSE Corporation,

2550 Huntington Ave., Alexandra, VA

22303.

FOR FURTHER INFORMATION CONTACT: Ms.

Angelena Moy, by telephone at (703)

695–1097/1098, or by FAX at (703) 695–

7596.

SUPPLEMENTARY INFORMATION:

Draft Materials

Drafts of the materials to be discussed

at the public meetings are available

electronically in Microsoft Word 6.0 and

ASCII text formats at the Major Policy

Initiatives Internet Office Home Page—

http://www.acq.osd.mil/dp/mpi/

Obtain paper copies from Ms.

Angelena Moy, PDUSD (A&T) DP/MPI,

Room 3C128, The Pentagon,

Washington DC 20301–3060.

Background

The Director, Defense Procurement, is

leading an Inter-Agency team that is

considering revisions to the Federal

Acquisition Regulation (FAR) Part 45,

Government Property, which will

reduce administrative burdens imposed

by Part 45 on contractors and

government personnel and improve

government property management and

disposal business processes. The

Director, Defense Procurement, is

providing a forum for an exchange of

ideas and information with government

and industry personnel by holding

public meetings, soliciting public

comments, and publishing notices of the

public meetings in the Federal Register.

The June 1996 public meetings are

intended to obtain comments or

suggestions regarding the current draft

FAR Part 45 which includes new and

revised material recommended by

public and government sources during

and subsequent to the November 1995

public meetings.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulation Council.

[FR Doc. 96–13805 Filed 5–31–96; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 625

[Docket No. 960520141–6141–01; I.D.

042696A]

RIN 0648–AH05

Summer Flounder and Scup Fisheries;

Amendment 8

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule and request for comments to
27852 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

implement those provisions of

Amendment 8 to the Fishery

Management Plan (FMP) for the

Summer Flounder and Scup Fisheries

not initially disapproved. The

amendment would implement

management measures for the scup

fishery in order to reduce fishing

mortality and to allow the stock to

rebuild.

DATES: Public comments must be

received on or before July 18, 1996.

ADDRESSES: Comments on this proposed

rule should be sent to Dr. Andrew A.

Rosenberg, Director, Northeast Regional

Office, NMFS, One Blackburn Drive,

Gloucester, MA 01930. Mark the outside

of the envelope, ‘‘Comments on Summer

Flounder and Scup Plan.’’

Comments regarding burden-hour

estimates for collection-of-information

requirements contained in this proposed

rule should be sent to the Northeast

Regional Director at the address above

and the Office of Information and

Regulatory Affairs, Office of

Management and Budget (OMB),

Washington, D.C. 20502 (Attention:

NOAA Desk Officer).

Copies of Amendment 8, the final

environmental impact statement (FEIS),

the initial regulatory flexibility analysis

(IRFA), the regulatory impact review,

and other supporting documents are

available upon request from David R.

Keifer, Executive Director, Mid-Atlantic

Fishery Management Council, Room

2115, Federal Building, 300 South New

Street, Dover, DE 19901.

FOR FURTHER INFORMATION CONTACT:

Regina L. Spallone, Fishery Policy

Analyst, 508–281–9221.

SUPPLEMENTARY INFORMATION:

Background

The Mid-Atlantic Fishery

Management Council (Council) began

the development of an FMP for scup in

1978. Although preliminary

development work was done, the plan

was not completed. In January 1990, the

Council and the Atlantic States Marine

Fisheries Commission (Commission)

began to develop a management plan for

scup as an amendment to the summer

flounder FMP. However, its

development was delayed by a series of

amendments to the FMP, and work on

a separate scup plan was not resumed

until 1993.

The Council accelerated its work on

scup measures after the release in March

1995 of the Plenary Report of the 19th

Stock Assessment Workshop (19th

SAW). The 19th SAW report established

that the scup spawning stock biomass

was at a record low level and warned

that recruitment failure in a single year

could collapse the fishery. The Council

and the Commission adopted a scup

FMP for NMFS review at their meeting

in November 1995. Subsequently,

NMFS requested that the scup

regulations be incorporated into the

Summer Flounder FMP, as an

amendment, to reduce the number of

separate regulations issued by the

Federal government. As a result, scup

management measures are submitted as

Amendment 8 to the Summer Flounder

and Scup FMP.

At that same November meeting, the

Council also voted to request emergency

implementation on January 1, 1996, of

some of the management measures

contained in the proposed scup FMP to

provide some immediate protection to

the stock. The efforts of the Council and

NMFS to prepare and review the

required documents associated with

emergency action were delayed by the

government shutdown from December

21, 1995, through January 7, 1996, and

by additional shutdowns due to severe

winter weather. An emergency interim

rule implemented regulations on March

22, 1996 (March 27, 1996, 61 FR 13452)

that imposed minimum fish size

requirements of 9 inches (22.9 cm) total

length (TL) for the commercial fishery,

and 7 inches (17.8 cm) TL for the

recreational fishery, and a minimum

codend mesh size of 4 inches (10.2 cm)

diamond for trawl vessels possessing

4,000 or more lb (1,814 or more kg) of

scup. These emergency regulations

remain in effect through June 25, 1996,

at which time they would be extended

for an additional 90 days at the request

of the Council.

Amendment 8 was prepared by the

Council and Commission, in

consultation with the New England and

South Atlantic Fishery Management

Councils. A notice of availability for the

proposed amendment was published in

the Federal Register on May 7, 1996.

Copies of Amendment 8 are available

from the Council upon request (see

ADDRESSES). The amendment revises the

summer flounder (Paralichthys

dentatus) FMP to include management

measures for the scup fishery pursuant

to the Magnuson Fishery Conservation

and Management Act, as amended

(Magnuson Act).

The management unit for this fishery

is scup (Stenotomus chrysops) in U.S.

waters of the western Atlantic Ocean

from 35°15.3′ N. latitude, the latitude of

Cape Hatteras Light, NC, northward to

the U.S.-Canadian border. Implementing

regulations are authorized by the

Magnuson Act and are found at 50 CFR

part 625, subparts C and D.

Status of the Stocks

Scup are currently overexploited and

at a low biomass level. The status of this

stock is fully explained in the

emergency interim rule (March 27,

1996, 61 FR 13452) and, for the sake of

brevity, is not repeated here.

Overfishing for scup in Amendment 8 is

defined in the FMP as fishing in excess

of Fmax. Fmax is the biological reference

point corresponding to an exploitation

rate of 19 percent, and the level of

fishing mortality (F) that produces

maximum yield per recruit.

Disapproved Measures

NMFS, on behalf of the Secretary of

Commerce, disapproved six measures

proposed in Amendment 8 upon

preliminary evaluation of the

amendment as authorized in section

304(a)(1)(A)(ii) of the Magnuson Act.

Thus, they are not included in this

proposed rule. These provisions would

have conferred moratorium permit

eligibility upon vessels that were rerigging on January 26, 1993, and landed

scup prior to the implementation of

Amendment 8; require vessels to keep

scup catches of less than 4,000 lb (1,814

kg) (the level at which the minimum

codend mesh requirement is triggered)

in 100-lb (45.4-kg) containers to

enhance enforcement; require NMFS to

accept state dealer permits in lieu of the

required Federal permit; require NMFS

to deny access to the exclusive

economic zone (EEZ) to vessels from

states that do not implement

recreational measures equivalent to

those specified in Amendment 8; defer

to state regulations to define scup pot

requirements for the residents of that

state; and require any landings in excess

of the recreational harvest limit to be

subtracted from the harvest limit of the

following year. These provisions have

been determined to be inconsistent with

the national standards of the Magnuson

Act or other applicable law.

As worded, the open-ended

moratorium eligibility criterion would

allow any vessel that could demonstrate

‘‘re-rigging’’—i.e., being made ‘‘capable

of catching scup’’—on January 26, 1993,

to qualify for a moratorium permit if it

could demonstrate a landing of scup

prior to the implementation date of this

amendment. While the re-rigging

provision reasonably addresses a

fairness issue, the protracted aspect of

the landing requirement is inconsistent

with national standard 4. The landing

requirement of this criterion allows a rerigging vessel over 3 years to land scup

in order to qualify for a moratorium

permit. This fact is not reasonably

calculated to promote conservation in
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27853

light of the severely overfished nature of

the stock, and would allow more vessels

into the fishery than would otherwise

enter if a vessel owner were forced to

demonstrate an intent to participate in

the fishery by landing scup within a

more reasonable time frame after rerigging occurs.

The provision that would require

fishing vessels using small mesh to box

scup catches of less than 4,000 lb (1,814

kg) in standard 100-lb (45.4-kg) totes

was proposed to facilitate enforcement

of the mesh provisions. Potentially, a

vessel could have up to 40 of these

containers on board, while vessels

possessing over 4,000 lb (1,814 kg)

would not have to box their catch.

Boxing up to 40 totes could prove

infeasible for small vessels. There is

nothing in the administrative record

regarding the impact of this measure on

the industry. This measure could be

challenged as being arbitrary and

capricious, and, therefore, may violate

the Administrative Procedure Act

(APA).

The measure that would require

NMFS to recognize state dealer permits

in lieu of Federal dealer permits, if the

permits contain the necessary

information and are forwarded to NMFS

by the appropriate state, was proposed

as a way of easing the administrative

burden on dealers. However, as

proposed, this measure could not be

implemented effectively without

imposing significant costs. The measure

would require changes to state dealer

permit requirements, and extensive

modifications to both the state and

Federal computer systems, to make

them comparable in order for the

measure to be implemented in a manner

that would not undermine the data

collection system in the Northeast

Region. Thus, at this time, the measure

is not consistent with national standard

7.

The provision that would require

NMFS to prohibit the landing of scup

from the EEZ by recreational vessels

(party, charter, and private) of any state

not in compliance with the recreational

possession limit, size limits, and season

was disapproved, because it

discriminates between residents of

different states and is inconsistent with

national standard 4. The measure would

penalize recreational harvesters by

denying them access to fish in any

portion of the EEZ based on the inaction

of their state of residency.

The provision that would adopt the

definition of scup pot or trap in the state

regulations that apply to a vessel’s

principal port of landing is problematic

from a number of perspectives. First, not

all coastal states have a definition of a

scup pot or trap. As the specified escape

vent requirement is dependent upon a

defined pot or trap, some fishermen

would be subject to the escape vent

requirement, while others landing

principally in a state without a defined

pot or trap would not. This inequitable

provision is thus inconsistent with

national standard 4, and is also not in

accordance with the amendment’s

objective to reduce fishing mortality on

immature scup.

Second, the administrative record

provides no rationale for using the

definition of scup pot or trap at a

vessel’s principal port of landing, as

opposed to its home port, as a basis for

imposing an escape vent requirement.

Significant enforcement concerns arise

from this provision and should have

been addressed in the administrative

record. For example, traps pulled, or

vessels boarded, at sea to monitor

compliance with the escape vent

requirement would not identify a

principal port of landing with the

certainty necessary to prosecute an

alleged violation. The FMP contains no

definition of principal port of landing

and even if the term were defined,

verification of the principal port of

landing would be unreasonably

cumbersome. Therefore, the failure of

the administrative record to discuss the

rationale for the definition could cause

adoption of this provision to violate the

APA.

The provision that would deduct the

annual recreational harvest in excess of

the specified limit from the limit for the

following year would base the

deductions on the results of the Marine

Recreational Fishery Statistics Survey

(MRFSS). This measure impacts the

annual allocation of the recreational

sector of the fishery with no clear

conservation benefit, in violation of

national standard 4. The MRFSS is an

excellent fishery management tool for

the purpose for which it was designed,

that is, giving an overall projection of

recreational catch from the recreational

fishery from Maine to Texas. However,

the survey was not intended to be used

as a basis for calculating an overage in

the recreational fishery that would then

be deducted from the quota established

for the subsequent year. The survey

variability becomes problematic, and

this problem is further exacerbated if

the fishery is managed on a regional

quota basis as is a possibility in the scup

fishery. In addition, the survey

variability could affect residents of

different states unevenly with respect to

quota overages. These problems make

the provision inconsistent with national

standard 4.

Likewise, because the survey is based

on contacts with recreational fishermen,

it reflects a sampling variability in

addition to variations in the stock. The

effects of this sampling variability

render its use to calculate overages

inconsistent with national standard 6. In

failing to account for these variations,

the use of the survey affects the overall

ability of the entire scup quota

management process to achieve on a

continuing basis, the optimum yield

from this fishery. This raises concern

regarding its consistency with national

standard 1. Finally, it would take a

significant expenditure of funds to

reduce the survey variability, especially

as the geographic area for which

estimates are made is reduced, to render

it consistent with national standard 2.

This conflicts with national standard 7.

The Council may resubmit proposed

measures under section 304(b)(3)(A) of

the Magnuson Act that NMFS

disapproved during preliminary

evaluation. Such measures should

address the deficiencies described by

NMFS.

Additional Concerns

NMFS has concerns about the

enforceability of the 4,000-lb (1,814-kg)

threshold for triggering the minimum

mesh requirement. The public is

encouraged to submit comments about

the feasibility of determining whether

catches exceed the threshold level.

NMFS is also concerned about the

proposed minimum sizes for escape

vents in scup pots or traps. The Council

specified a minimum size of 3.1 inches

(7.9 cm) in diameter for circular vents,

a minimum size of 2.25 inches (5.7 cm)

on each side for square vents, and an

‘‘equivalent’’ minimum size for

rectangular vents. NMFS seeks public

comments on the proposed minimum

size specification for rectangular vents

because the meaning of ‘‘equivalent’’ is

unclear.

Proposed Measures

Vessel, Dealer, and Operator Permits

The Council proposes to establish a

moratorium on commercial vessel

permits for the directed fishery for scup.

Any owner or operator of a vessel

desiring to fish for scup within the EEZ

for sale, or transport, or delivery for

sale, of any scup taken within the EEZ

would have to obtain a permit from

NMFS for that purpose. Vessel owners

would be required to demonstrate past

participation in the fishery to obtain a

commercial moratorium permit. The

Council proposes to limit moratorium

permits to vessels with documented
27854 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

landings of scup for sale between

January 26, 1988, and January 26, 1993.

The owner or operator of a party or

charter boat (vessel for hire) desiring to

fish for scup within the EEZ would have

to obtain a charter/party boat permit

from NMFS for that purpose. A party or

charter boat could have both a charter/

party boat permit and a commercial

moratorium permit to catch and sell if

the vessel meets the commercial vessel

qualification requirements set forth in

Amendment 8. However, such a vessel

could not fish under any existing

commercial rules if it were carrying

passengers for a fee.

An operator of a vessel with any

permit issued under this FMP would be

required to have a Federal operator

permit. The operator permits issued to

operators in the Northeast multispecies,

American lobster, Atlantic sea scallops

and/or Atlantic mackerel, squids, and

butterfish fisheries, would satisfy this

requirement. The operator would be

held accountable for violations of the

fishing regulations and could be subject

to a permit sanction. During the permit

sanction period, the operator could not

work in any capacity aboard a federally

permitted fishing vessel.

Any dealer of scup would be required

to have a NMFS dealer permit under the

FMP. A dealer of scup would be defined

as a person or firm that receives scup for

a commercial purpose from the owner

or operator of a vessel issued a

moratorium permit pursuant to this

FMP, other than solely for transport on

land.

Reporting and Recordkeeping

The Council intends to institute

recordkeeping and reporting

requirements for scup that are identical

to those required by the Atlantic

Mackerel, Squid, and Butterfish, the

Summer Flounder, the Northeast

Multispecies, and the Atlantic Sea

Scallop Fishery Management Plans. The

logbooks in use for those fisheries

would be used to meet this requirement,

so vessels or dealers reporting under

those FMPs would not be subject to any

additional reporting burdens, if a given

vessel also harvested scup.

Commercial logbooks would be

submitted on a monthly basis by Federal

moratorium and charter/party boat

permit holders in order to monitor the

fishery.

Dealers with permits issued pursuant

to the FMP would submit weekly

reports showing all species purchased

in pounds, and the name and permit

number of the vessels from which the

species were purchased. Buyers that do

not purchase directly from vessels

would not be required to submit reports

under this provision.

Minimum Fish Sizes

Amendment 8 would establish

minimum fish sizes that could be

adjusted annually by the FMP

Monitoring Committee (Monitoring

Committee). The initial minimum fish

sizes would be 9 inches (22.9 cm) TL for

the commercial fishery and 7 inches

(17.8 cm) TL for the recreational fishery.

Minimum Mesh Size

The minimum mesh-size requirement

for otter trawl vessels possessing a

threshold catch of 4,000 lb or more

(1,814 kg or more) of scup would be a

minimum codend mesh size of 4.0

inches (10.2 cm) diamond mesh, inside

measure, applied throughout the codend

for at least 75 continuous meshes

forward of the terminus of the net or, if

the net is not long enough for such a

measurement, the terminal 1⁄3 of the net,

measured from the terminus of the

codend to the head rope. The minimum

net mesh size and the threshold level

could be adjusted annually, following

the Monitoring Committee process set

forth in the amendment.

Maximum Roller Size

Amendment 8 would prohibit owners

or operators of vessels issued

moratorium permits from using roller

rig trawl gear equipped with rollers

greater than 18 inches (45.7 cm) in

diameter. Maximum roller size could be

changed annually following the

Monitoring Committee process set forth

in the amendment.

Pot and Trap Gear Requirements

Scup pots and traps would be

required to have a circular escape vent

with a minimum diameter of 3.1 inches

(7.9 cm) or a square escape vent with a

minimum of 2.25 inches (5.7 cm) for

each side (or an equivalent rectangular

escape vent). The escape vent provision

would be implemented at the start of the

first calendar year following approval of

Amendment 8, so that fishermen would

not be required to pull their pots and

add vents in the middle of the season.

Scup pots and traps would be required

to have hinges and fasteners on one

panel or door made of degradable

materials.

The escape vent requirement could be

adjusted annually following the

Monitoring Committee process set forth

in the amendment.

Seasonal and Area Closures

Gear-specific seasonal and area

closures could be implemented upon

the recommendation of the Monitoring

Committee, if required to reduce

discards in the commercial fishery and

prevent quota overruns.

Commercial Quota and Recreational

Harvest Limit

In the second year of implementation

of the amendment, a coastwide harvest

limit would be specified at a level that

would reduce the exploitation rate to

the level specified in the rebuilding

schedule. This harvest limit would be

allocated 78 percent to the commercial

fishery, via a coastwide commercial

quota, and 22 percent to the recreational

fishery, via a recreational harvest limit.

The coastwide harvest limit will be set

annually following the Monitoring

Committee process set forth in the

amendment.

The Council and the Commission

may, in the future, alter the system to

distribute and manage the annual

commercial quota. Coastwide, regional,

and state-by-state quotas may be

considered in combination with

different fractions of the fishing year.

Recreational Measures

Beginning in the second year of

implementation of the amendment,

recreational landings would be

compared to annual target harvest levels

to determine if modifications to the

recreational season, possession limit,

and minimum size limit are required in

the following year in order for the

fishery to remain within specified

harvest limits.

Classification

Section 304(a)(1)(D)(ii) of the

Magnuson Act, as amended, requires

NMFS to publish regulations proposed

by a Council within 15 days of receipt

of the amendment and proposed

regulations. At this time, NMFS has not

determined whether the measures in

Amendment 8 that these rules would

implement are 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.

The Council prepared an FEIS for

Amendment 8, a copy of which may be

obtained from the Council (see

ADDRESSES). The Council has

determined that this rule, if

implemented, would be consistent to

the maximum extent practicable with

the approved coastal management

programs of the Atlantic states. New

Hampshire, Massachusetts, Rhode

Island, Connecticut, New Jersey,

Pennsylvania, Delaware, and North

Carolina agreed with this determination.
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27855

Maine, New York, and Virginia did not

respond, and their concurrence is

inferred.

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.

Amendment 8, as indicated in the

regulatory impact review prepared by

the Council, may reduce gross revenues

of some vessels by more than 5 percent,

or increase operating costs by more than

5 percent as a result of increases in

compliance costs. However, it is

unlikely that these impacts would affect

more than 20 percent of the small

entities engaged in this fishery because

of the large assortment of other species

also harvested by most vessels that

harvest scup. In addition, most of the

industry already use the proposed 4-

inch (10.2-cm) mesh size and would not

be affected by the regulation. Therefore,

this rule would not have a significant

impact on a substantial number of small

entities.

This proposed rule contains

collection-of-information requirements

subject to the Paperwork Reduction Act

(PRA). Mandatory dealer reporting and

the reporting of annual employment

data under the Annual Processed

Products Reports have been approved

by OMB under control numbers 0648–

0229, and 0648–0018, respectively.

Dealer reporting responses are estimated

to take 2 minutes and employment data

responses 6 minutes. The proposed rule

also contains new requirements that

have been submitted to OMB for

approval. These requirements and their

estimated response times are: Vessel

permits and permit appeals at 30

minutes per response, operator permits

at 1 hour per response, observer

notification requirement at 2 minutes

per response, vessel marking (3

locations) at 15 minutes per marking,

and requests for an experimental fishing

exemption at 1.9 hours.

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with a collection of information subject

to the requirements of the PRA unless

that collection of information displays a

currently valid OMB control number.

The response estimates shown

include 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 any of these

burden estimates or any other aspect of

the collection of information to NMFS

and OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 625

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: May 28, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 625 is proposed

to be amended as follows:

PART 625—SUMMER FLOUNDER AND

SCUP FISHERIES

1. The authority citation for part 625

continues to read as follows:

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

2. The part heading is revised as set

forth above and the headings for

subparts A and B are revised to read,

‘‘Subpart A—General Provisions,

Summer Flounder’’, and ‘‘Subpart B—

Management Measures, Summer

Flounder’’, respectively.

3. Subparts C and D, are revised to

read as follows:

Subpart C—General Provisions, Scup

Sec.

625.31 Purpose and scope.

625.32 Definitions.

625.33 Relation to other laws. 625.34 Vessel

permits.

625.35 Operator permit.

625.36 Dealer permit.

625.37 Recordkeeping and reporting

requirements.

625.38 Vessel identification.

625.39 Prohibitions.

625.40 Facilitation of enforcement.

625.41 Penalties.

Subpart C—General Provisions, Scup

§ 625.31 Purpose and scope.

The regulations in this part govern the

conservation and management of scup

in U.S. waters north of 35°15.3′ N. lat.,

(Cape Hatteras Light, NC), to the U.S./

Canadian border.

§ 625.32 Definitions.

In addition to the definitions in the

Magnuson Act and § 620.2 of this

chapter, the terms used in this part have

the following meanings:

Dealer means any person who

receives scup for a commercial purpose

from the owner or operator of a vessel

issued a moratorium permit under

§ 625.33 other than solely for transport

on land.

Fishery Management Plan (FMP)

means the Fishery Management Plan for

the Summer Flounder and Scup

Fisheries and any amendments thereto.

Fishing commercially means retaining

scup in excess of the possession limit

specified in § 625.54.

Fishing year means the 12-month

period beginning on January 1, and

ending on December 31.

Scup means the species Stenotomus

chrysops.

Scup Monitoring Committee

(Monitoring Committee) means a

committee made up of staff

representatives of the Mid-Atlantic,

New England, and South Atlantic

Fishery Management Councils, the

Northeast Regional Office of NMFS, the

Northeast Fisheries Science Center, and

Commission representatives. The

Council Executive Director or a designee

chairs the Committee.

Total length (TL) means the straightline distance from the tip of the snout

to the end of the tail (caudal fin) while

the fish is lying on its side.

§ 625.33 Relation to other laws.

(a) The relation of this part to other

laws is set forth in § 620.3 of this

chapter and paragraph (b) of this

section.

(b) Nothing in these regulations

supersedes more restrictive state

management measures.

(c) Additional regulations governing

fishing for scup by foreign vessels in the

EEZ are set forth in 50 CFR Part 611,

subparts A and C.

§ 625.34 Vessel permits.

(a) General—(1) Requirement. Subject

to the eligibility requirements specified

in paragraphs (b) and (c) of this section,

the owner of a vessel of the United

States, including a party or charter

vessel, must obtain a permit issued

under this part to fish for or retain scup

in the EEZ.

(2) Exemption. Any vessel, other than

a party or charter boat, that observes the

possession limit, multiplied by the

number of persons on board, in § 625.55

is exempt from the permit requirement.

(3) Condition. Vessel owners who

apply for a fishing vessel permit under

this section must agree, as a condition

of the permit, that the vessel’s fishing

activities, catch, and pertinent gear

(without regard to whether such fishing

occurs in the EEZ or landward of the

EEZ, and without regard to where such

fish or gear are possessed, taken or

landed) will be subject to all

requirements of this part. All such

fishing activities, catch, and gear will

remain subject to all applicable state

requirements. If a requirement of this

part differs from a management measure

required by state law, any vessel owner

permitted to fish in the EEZ must

comply with the more restrictive
27856 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

requirement. Owners and operators of

vessels fishing under the terms of a

moratorium permit issued pursuant to

paragraph (b) of this section must also

agree, as a condition of the permit, not

to land scup in any state if the Regional

Director has determined there is no

longer commercial quota available.

(b) Moratorium permit. (1) A vessel is

eligible for a moratorium permit to fish

for and retain scup in excess of the

possession limit in § 625.55 if it meets

any of the following criteria:

(i) The vessel landed and sold scup

between January 26, 1988, and January

26, 1993; or

(ii) The vessel is replacing a vessel of

substantially similar harvesting capacity

that involuntarily left the scup fishery

during the moratorium, and both the

entering and replaced vessels are owned

by the same person. Vessel permits

issued to vessels that involuntarily leave

the fishery may not be combined to

create larger replacement vessels.

(iii) Vessels that are judged

unseaworthy by the U.S. Coast Guard

for reasons other than lack of

maintenance may be replaced by a

vessel of substantially similar harvesting

capacity.

(2) Restriction. No one may apply for

the permit specified in paragraph (b)(1)

of this section more than 12 months

after the effective date of these

regulations, or the events specified

under paragraphs (h)(1) and (2) of this

section. This section does not affect

annual permit renewals.

(3) Appeal of denial of permit. (i) Any

applicant denied a moratorium permit

may appeal to the Regional Director

within 30 days of the notice of denial.

Any such appeal shall be in writing.

The only ground for appeal is that the

Regional Director erred in concluding

that the vessel did not meet the criteria

in paragraph (b)(1)(i) of this section. The

appeal shall set forth the basis for the

applicant’s belief that the Regional

Director’s decision was made in error.

(ii) The appeal may be presented, at

the option of the applicant, at a hearing

before an officer appointed by the

Regional Director.

(iii) The hearing officer shall make a

recommendation to the Regional

Director.

(iv) The decision on the appeal by the

Regional Director is the final decision of

the Department of Commerce.

(c) Party and charter boat permit. Any

party or charter boat is eligible for a

permit to fish, other than a moratorium

permit, if it is carrying passengers for

hire, and is then subject to the

possession limits specified in § 625.56.

(d) Vessel Permit Application. (1) An

application for a permit under this

section must be submitted and signed

by the owner of the vessel on an

appropriate form obtained from the

Regional Director at least 30 days prior

to the date on which the applicant

desires to have the permit made

effective. The Regional Director will

notify the applicant of any deficiency in

the application pursuant to this section.

If the applicant fails to correct the

deficiency within 30 days following the

date of notification, the application will

be considered abandoned. Applicants

for moratorium permits shall provide

information with the application

sufficient for the Regional Director to

determine if the vessel meets the

eligibility requirements. Dealer

weighout forms and notarized

statements from marine architects or

surveyors or shipyard officials will be

considered acceptable forms of proof.

(2) Information requirements. In

addition to applicable information

required to be provided by paragraph

(d)(1) of this section, an application for

a permit under this section 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 valid copy

of the vessel’s U.S. Coast Guard

documentation or, if undocumented, the

vessel’s state registration number and a

copy of the current state registration;

home port and principal port of landing;

overall length; gross tonnage; net

tonnage; engine horsepower; year the

vessel was built; type of construction

and 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; the name and

signature of the owner or the owner’s

authorized representative; permit

number of any current or, if expired,

previous Federal fishery permit issued

to the vessel; a copy of charter/party

boat license and number of passengers

the vessel is licensed to carry (charter

and party boats); and any other

information required by the Regional

Director to manage the fishery.

(e) Fees. The Regional Director may

charge a fee to recover administrative

expenses of issuing a permit required

under this section. The amount of the

fee is calculated in accordance with the

procedures of the NOAA Finance

Handbook (available from the Regional

Director) for determining administrative

costs of each special product or service.

The fee may not exceed such costs and

is specified with each application form.

The appropriate fee must accompany

each application; if it does not, the

application will be considered

incomplete for purposes of paragraph (g)

of this section. Any fee paid by an

insufficiently funded commercial

instrument shall render any permit

issued on the basis thereof null and

void.

(f) Issuance. (1) Except as provided in

subpart D of 15 CFR part 904, the

Regional Director will issue a permit

under this section within 30 days of

receipt of the application unless:

(i) The applicant has failed to submit

a complete application as described in

paragraph (f) of this section. An

application is complete when all

requested forms, information,

documentation, and fees, if applicable,

have been received;

(ii) The application was not received

by the Regional Director by the

deadlines set forth in paragraph (b)(3) of

this section; or

(iii) The applicant has failed to

comply with all applicable reporting

requirements of § 625.37 during the 12

months immediately preceding the date

of application.

(2) Upon receipt of an incomplete

application, or an application from a

person who has not complied with all

applicable reporting requirements of

§ 625.37(b) during the 12 months

immediately preceding the application,

the Regional Director will notify the

applicant of the deficiency. If the

applicant fails to correct the deficiency

within 30 days of the Regional

Director’s notification, the application

will be considered abandoned.

(g) Expiration. Except as provided in

paragraph (b)(1)(ii) of this section, a

permit expires:

(1) When the owner retires the vessel

from the fishery;

(2) Upon the renewal date specified

on the permit; or

(3) When the ownership of the vessel

changes. However, the Regional Director

may authorize the continuation of a

moratorium permit for the scup fishery

if the new owner so requests.

Applications for permit continuations

must be addressed to the Regional

Director.

(h) Duration. A permit is valid until

it is revoked, suspended, or modified

under 15 CFR Part 904, or until it

otherwise expires or ownership changes

or the applicant has failed to report any
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27857

change in the information on the permit

application to the Regional Director as

specified in paragraph (k) of this

section.

(i) Replacement. Replacement permits

for an otherwise valid permit may be

issued by the Regional Director when

requested in writing by the owner or

authorized representative, stating the

need for replacement, the name of the

vessel, and the Federal fisheries permit

number assigned. An application for a

replacement permit will not be

considered a new application. An

appropriate fee may be charged for

issuance of the replacement permit.

(j) Transfer. Permits issued under this

part are not transferable or assignable. A

permit will be valid only for the fishing

vessel and owner for which it is issued.

(k) Change in application

information. Any change in the

information specified in paragraph

(d)(2) of this section must be submitted

by the applicant in writing to the

Regional Director within 15 days of the

change. If the written notice of the

change in information is not received by

the Regional Director within 15 days,

the permit is null and void.

(l) Alteration. Any permit that has

been altered, erased, or mutilated is

invalid.

(m) Display. The permit must be

maintained in legible condition and

displayed for inspection upon request

by any authorized officer.

(n) Sanctions. Procedures governing

enforcement-related permit sanctions

and denials are found at Subpart D of 15

CFR part 904.

§ 625.35 Operator permit.

(a) General. Any operator of a vessel

issued a valid Federal scup permit

under this part, or any operator of a

vessel fishing for scup in the EEZ or in

possession of scup in or harvested from

the EEZ, must have and carry on board

a valid operator’s permit issued under

this part. An operator permit issued

pursuant to parts 649, 650, 651, or 655

shall satisfy the permitting requirements

of this section.

(b) Operator permit application.

Applicants for a permit under this

section must submit a completed permit

application on an appropriate form

obtained from the Regional Director.

The application must be signed by the

applicant and submitted to the Regional

Director at least 30 days prior to the date

on which the applicant desires to have

the permit made effective. The Regional

Director will notify the applicant of any

deficiency in the application pursuant

to this section.

(c) Condition. Vessel operators who

apply for an operator’s permit under

this section must agree as a condition of

this permit that the operator and

vessel’s fishing, catch, and pertinent

gear (without regard to whether such

fishing occurs in the EEZ or landward

of the EEZ, and without regard to where

such fish or gear are possessed, taken,

or landed), are subject to all

requirements of this part while fishing

in the EEZ or aboard a vessel permitted

under § 625.34. The vessel and all such

fishing, catch, and gear will remain

subject to all applicable state or local

requirements. Further, such operators

must agree as a condition of this permit

that, if the permit is suspended or

revoked pursuant to 15 CFR part 904,

the operator cannot be aboard any

fishing vessel issued a Federal Fisheries

Permit or any vessel subject to Federal

fishing regulations while the vessel is at

sea or engaged in offloading. If a

requirement of this part and a

management measure required by state

or local law differ, any operator issued

a permit under this part must comply

with the more restrictive requirement.

(d) Information requirements. An

applicant must provide at least all the

following information and any other

information required by the Regional

Director: Name, mailing address, and

telephone number; date of birth; hair

color; eye color; height; weight; social

security number (optional) and

signature of the applicant. The applicant

must also provide two recent (no more

than 1 year old) color passport-size

photographs.

(e) Fees. The Regional Director may

charge a fee to recover the

administrative expense of issuing a

permit required under this section. The

amount of the fee is calculated in

accordance with the procedures of the

NOAA Finance Handbook for

determining the administrative costs of

each special product or service. The fee

may not exceed such costs and is

specified on each application form. The

appropriate fee must accompany each

application; if it does not, the

application will be considered

incomplete for purposes of paragraph (f)

of the section. Any fee paid by an

insufficiently funded commercial

instrument shall render any permit

issued on the basis thereof null and

void.

(f) Issuance. Except as provided in

Subpart D of 15 CFR part 904, the

Regional Director shall issue an

operator’s permit within 30 days of

receipt of a completed application if the

criteria specified herein are met. Upon

receipt of an incomplete or improperly

executed application, the Regional

Director will notify the applicant of the

deficiency in the application. If the

applicant fails to correct the deficiency

within 30 days following the date of

notification, the application will be

considered abandoned.

(g) Expiration. A Federal operator

permit will expire upon the renewal

date specified in the permit.

(h) Duration. A permit is valid until

it is revoked, suspended or modified

under 15 CFR part 904, or otherwise

expires, or the applicant has failed to

report a change in the information on

the permit application to the Regional

Director as specified in paragraph (k) of

this section.

(i) Replacement. Replacement

permits, for otherwise valid permits,

may be issued by the Regional Director

when requested in writing by the

applicant, stating the need for

replacement and the Federal operator

permit number assigned. An applicant

for a replacement permit must also

provide two recent color passport-size

photos of the applicant. An application

for a replacement permit will not be

considered a new application. An

appropriate fee may be charged.

(j) Transfer. Permits issued under this

part are not transferable or assignable. A

permit is valid only for the person to

whom it is issued.

(k) Change in application

information. Notice of a change in the

permit holder’s name, address, or

telephone number must be submitted in

writing to, and received by, the Regional

Director within 15 days of the change in

information. If written notice of the

change in information is not received by

the Regional Director within 15 days,

the permit is void.

(l) Alteration. Any permit that has

been altered, erased, or mutilated is

invalid.

(m) Display. Any permit issued under

this part must be maintained in legible

condition and displayed for inspection

upon request by any authorized officer.

(n) Sanctions. Vessel operators with

suspended or revoked permits may not

be aboard a federally permitted fishing

vessel in any capacity while the vessel

is at sea or engaged in offloading.

Procedures governing enforcementrelated permit sanctions and denials are

found at Subpart D of 15 CFR part 904.

(o) Vessel owner responsibility. Vessel

owners are responsible for ensuring that

their vessels are operated by an

individual with a valid operator’s

permit issued under this section.

§ 625.36 Dealer permit.

(a) General. Any dealer must have a

valid permit issued under this part in

their possession.

(b) Dealer application. Applicants for

a permit under this section must submit
27858 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

a completed application on an

appropriate form provided by the

Regional Director. The application must

be signed by the applicant and

submitted to the Regional Director at

least 30 days before the date upon

which the applicant desires to have the

permit made effective. The Regional

Director will notify the applicant of any

deficiency in the application pursuant

to this section.

(c) Information requirements.

Applications must contain at least the

following information and any other

information required by the Regional

Director: Company name, place(s) of

business, mailing address(es) and

telephone number(s); owner’s name;

dealer permit number (if a renewal); and

name and signature of the person

responsible for the truth and accuracy of

the report. If the dealer is a corporation,

a copy of the Certificate of Incorporation

must be included with the application.

If the dealer is a partnership, a copy of

the Partnership Agreement and the

names and addresses of all partners

must be included with the application.

(d) Fees. The Regional Director may

charge a fee to recover the

administrative expense of issuing a

permit required under this section. The

amount of the fee is calculated in

accordance with the procedures of the

NOAA Finance Handbook for

determining administrative costs of each

special product or service. The fee may

not exceed such costs and is specified

with each application form. The

appropriate fee must accompany each

application; if it does not, the

application will be considered

incomplete for purposes of paragraph

(b)(3) of this section. Any fee paid by an

insufficiently funded commercial

instrument shall render any permit

issued on the basis thereof null and

void.

(e) Issuance. Except as provided in

subpart D of 15 CFR part 904, the

Regional Director will issue a permit at

any time during the fishing year to an

applicant unless the applicant has failed

to submit a completed application. An

application is complete when all

requested forms, information, and

documentation have been received and

the applicant has submitted all

applicable reports specified in

§ 625.37(a). Upon receipt of an

incomplete or improperly executed

application, the Regional Director will

notify the applicant of the deficiency in

the application. If the applicant fails to

correct the deficiency within 30 days

following the date of notification, the

application will be deemed abandoned.

(f) Expiration. A permit will expire

upon the renewal date specified in the

permit.

(g) Duration. A permit is valid until it

is revoked, suspended or modified

under 15 CFR part 904, or otherwise

expires, or ownership changes, or the

applicant has failed to report any

change in the information on the permit

application to the Regional Director.

(h) Replacement. Replacement

permits, for otherwise valid permits,

may be issued by the Regional Director

when requested in writing by the

applicant, stating the need for

replacement and the Federal dealer

permit number assigned. An application

for a replacement permit shall not be

considered a new permit. An

appropriate fee may be charged.

(i) Transfer. Permits issued under this

part are not transferable or assignable. A

permit is valid only for the person to

whom, or other business entity to

which, it is issued.

(j) Change in application information.

Within 15 days after a change in the

information contained in an application

submitted under this section, a written

report of the change must be submitted

to, and received by, the Regional

Director. If written notice of the change

in information is not received by the

Regional Director within 15 days, the

permit is void.

(k) Alteration. Any permit that is

altered, erased, or mutilated is invalid.

(l) Display. Any permit, or valid

duplicate thereof, issued under this part

must be maintained in legible condition

and displayed for inspection upon

request by any authorized officer.

(m) Federal versus state requirements.

If a requirement of this part differs from

a fisheries management measure

required by state law, any dealer issued

a Federal dealer permit must comply

with the more restrictive requirement.

(n) Sanctions. Procedures governing

enforcement-related permit sanctions

and denials are found at subpart D of 15

CFR Part 904.

§ 625.37 Recordkeeping and reporting

requirements.

(a) Dealers—(1) Weekly report.

Dealers must send by mail to the

Regional Director, or official designee,

on a weekly basis on forms supplied by

or approved by the Regional Director, a

report of fish purchases. If authorized in

writing by the Regional Director, dealers

may submit reports electronically or

through other media. The following

information and any other information

required by the Regional Director, must

be provided in the report: Name and

mailing address of dealer; dealer

number; name and permit number of the

vessels from which fish are landed or

received; dates of purchases; pounds by

species; price by species; and port

landed. If no fish are purchased during

the week, a report so stating must be

submitted. All report forms must be

signed by the dealer or other authorized

individual.

(2) Annual report. All persons

required to submit reports under

paragraph (a)(1) of this section are

required to complete the ‘‘Employment

Data’’ section of the Annual Processed

Products Reports; completion of the

other sections on that form is voluntary.

Reports must be submitted to the

address supplied by the Regional

Director.

(3) Inspection. Upon the request of an

authorized officer, or by an employee of

NMFS designated by the Regional

Director to make such inspections, the

dealer must make immediately available

for inspection copies of the required

reports that have been submitted, or

should have been submitted, and the

records upon which the reports were

based.

(4) Record retention. Copies of

reports, and records upon which the

reports were based, must be retained

and be available for review for 1 year

after the date of the last entry on the

report. The dealer must retain such

reports and records at his/her principal

place of business.

(5) Submitting reports. Reports must

be received, or postmarked if mailed,

within 3 days after the end of each

reporting week. Each dealer will be sent

forms and instructions, including the

address to which to submit reports,

shortly after receipt of a dealer permit.

(6) At-sea activities. All persons

purchasing, receiving, or processing any

scup at sea, harvested in or from the

EEZ, for landing at any port of the

United States must submit information

identical to that required by paragraphs

(a)(1) and (2) of this section and provide

those reports to the Regional Director or

designee on the same frequency basis.

(b) Vessel owners—(1) Fishing log

reports. The owner of any vessel issued

a Federal scup permit under § 625.34

must maintain on board the vessel, and

submit, an accurate daily fishing log

report for all fishing trips regardless of

species fished for or taken, on forms

supplied by or approved by the Regional

Director. If authorized in writing by the

Regional Director, vessel owners may

submit reports electronically. At least

the following information, and any

other information required by the

Regional Director, must be provided:

Vessel name, U.S. Coast Guard

documentation number (or state

registration number if undocumented);
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27859

permit number; date/time sailed; date/

time landed; trip type; number of crew;

number of anglers (if a charter or party

trip); gear fished; quantity and size of

gear; mesh/ring size; chart area fished;

average depth; latitude/longitude (or

loran station and bearings); total hauls

per area fished; average tow time

duration; pounds by species of all

species landed or discarded; dealer

permit number (if a commercial trip);

dealer name; date sold; port and state

landed; and vessel operator’s name,

signature, and operator permit number.

(2) When to fill in the log. Fishing log

reports must be filled in, except for

information required but not yet

ascertainable, before offloading has

begun. All information in paragraph

(b)(1) of this section must be filled in for

each fishing trip before starting the next

fishing trip.

(3) Inspection. Upon the request of an

authorized officer or an employee of

NMFS designated by the Regional

Director to make such inspections, at

any time during or after a trip, owners

and operators must make immediately

available for inspection the fishing log

reports currently in use or to be

submitted.

(4) Record retention. Copies of the

fishing log reports must be retained and

available for review for 1 year after the

date of the last entry on the report.

(5) Submitting reports. Fishing log

reports must be received or postmarked,

if mailed, within 15 days after the end

of the reporting month. Each owner will

be sent forms and instructions,

including the address to which to

submit reports, shortly after receipt of a

Federal Fisheries Permit. If no fishing

trip is made during a month, a report so

stating must be submitted.

§ 625.38 Vessel identification.

(a) Vessel name. Each fishing vessel

owner subject to this part must affix

permanently the vessel’s name on the

port and starboard sides of the bow and,

if possible, on its stern if the vessel is

over 25 feet (7.6 m) in length.

(b) Official number. Each fishing

vessel owner subject to this section

must display its official number on the

port and starboard sides of the vessel’s

deckhouse or hull, and on an

appropriate weather deck, so as to be

visible from above by enforcement

vessels and aircraft if the vessel is over

25 feet (7.6 m) in registered length. The

official number is the U.S. Coast Guard

documentation number, or the vessel’s

state registration number for vessel not

required to be documented under title

46 of the United States Code.

(c) Numerals. Except as provided in

paragraph (e) of this section, the official

number must be permanently affixed in

block arabic numerals in contrasting

color at least 18 inches (45.7 cm) in

height for fishing vessels over 65 feet

(19.8 m) in length, and at least 10 inches

(25.4 cm) in height for all other vessels

over 25 feet (7.6 m) in length.

(d) Duties of owner. Any vessel owner

subject to this part will:

(1) Keep the vessel’s name and official

number clearly legible and in good

repair.

(2) Ensure that no part of the vessel,

its rigging, its fishing gear, or any other

object obstructs the view of the official

number from any enforcement vessel or

aircraft.

(e) Nonpermanent marking. Vessels

carrying recreational fishing parties on a

per capita basis or by charter must use

markings that meet the above

requirements, except for the

requirement that they be affixed

permanently to the vessel. The

nonpermanent markings must be

displayed in conformity with the above

requirements when the vessel is fishing

for scup.

§ 625.39 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 issued a

valid Federal scup permit under

§ 625.34, or issued an operator permit

under § 625.35, to do any of the

following:

(1) Land or possess at sea any scup,

or parts thereof, that fail to meet the

minimum fish size specified in § 625.54.

(2) Fail to affix and maintain markings

as required by § 625.38;

(3) Possess scup in excess of the

threshold amount specified in § 625.53,

unless the vessel meets the minimum

mesh requirement specified in

§ 625.53(a);

(4) Fail to keep scup separate from

other species if fishing with nets having

mesh that does not meet the minimum

mesh-size requirement specified in

§ 625.53(a);

(5) Land scup for sale in any state

after the effective date published in the

Federal Register notifying permit

holders that commercial quota is no

longer available;

(6) Possess nets or netting that do not

meet the minimum mesh requirement or

that are modified, obstructed or

constricted, if subject to the minimum

mesh requirement specified in

§ 625.53(a), unless the nets or netting

are stowed in accordance with § 625.53;

(7) Fish with nets or netting that do

not meet the minimum mesh

requirement or that are modified,

obstructed or constricted while in

possession of scup in excess of the

threshold amount specified in § 625.53;

(8) Sell or transfer to another person

for a commercial purpose, other than

transport on land, any scup, unless the

transferee has a dealer permit issued

under § 625.36;

(9) Carry passengers for hire, or carry

more than three crew members for a

charter boat or five crew members for a

party boat, while fishing commercially

pursuant to a moratorium permit issued

pursuant to § 625.34;

(10) Refuse to embark a sea sampler

if requested by the Regional Director;

(11) Sell any scup that fail to meet the

minimum fish size specified in

§ 625.54(a);

(12) Use a scup pot or trap that does

not have the hinges and fasteners made

of degradable materials as specified in

§ 625.53;

(13) Use a scup trap or pot that does

not have a minimum escape vent of the

size specified in § 625.53;

(14) Use roller rig trawl gear equipped

with rollers greater than the size

specified in § 625.53; or

(15) Possess scup in, or harvested

from the EEZ in an area closed, or before

or after a season established under

§ 625.53.

(b) It is unlawful for the owner or

operator of a party or charter boat issued

a permit (including a moratorium

permit) pursuant to § 625.34, when the

boat is carrying passengers for hire or

carrying more than three crew members

if a charter boat or more than five

members if a party boat, to:

(1) Possess scup in excess of the

possession limit established pursuant to

§ 625.55;

(2) Possess scup smaller than the

minimum size limit for recreational

fishermen established pursuant to

§ 625.54(b);

(3) Fish for scup other than during a

season specified pursuant to § 625.53;

(4) Refuse to embark a sea sampler if

requested by the Regional Director; or

(5) Sell scup or transfer scup to

another person for a commercial

purpose.

(c) It is unlawful for any person to do

any of the following:

(1) Possess scup in or harvested from

the EEZ either in excess of the

possession limit specified under

§ 625.55 or before or after the time

period specified under § 625.53, unless

the person is operating a vessel issued

a moratorium permit under § 625.34,

and the moratorium permit is on board

the vessel and has not been surrendered,

revoked, or suspended;

(2) Possess scup in or harvested from

the EEZ in an area closed, or before or

after a season established under

§ 625.53;
27860 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

(3) Possess in or harvest from the EEZ

scup that do not meet the minimum size

specified in § 625.54(b);

(4) If subject to the permitting

requirements in §§ 625.34, 625.35 or

625.36, to offload, cause to be offloaded,

sell or buy any scup, whether on land

or at sea, as an owner, operator, dealer,

buyer or receiver in the scup fishery,

without accurately preparing and

submitting in a timely fashion the

documents required by § 625.37;

(5) Purchase or otherwise receive,

except for transport, scup from the

owner or operator of a vessel issued a

moratorium permit under § 625.34

unless in possession of a valid permit

issued under § 625.36;

(6) If subject to the permitting

requirements of § 625.36, to purchase or

otherwise receive for commercial

purposes scup caught by other than a

vessel with a moratorium permit, unless

the vessel has not been issued a permit

under this part and is fishing

exclusively within the waters under the

jurisdiction of any state;

(7) If subject to the permitting

requirements of § 625.36, to purchase or

otherwise receive for a commercial

purpose scup landed in any state after

the effective date published in the

Federal Register notifying permit

holders that commercial quota is no

longer available in that state;

(8) Make any false statement, oral or

written, to an authorized officer,

concerning the catching, taking,

harvesting, landing, purchase, sale,

possession, or transfer of any scup;

(9) Fail to report to the Regional

Director within 15 days any change in

the information contained in a permit

application;

(10) Assault, resist, oppose, impede,

harass, intimidate, or interfere with or

bar by command, impediment, threat,

coercion or refusal of reasonable

assistance of an observer or sea sampler

conducting his or her duties aboard a

vessel; or

(11) Violate any other provision of

this part, the Magnuson Act, or any

regulation or permit issued under the

Magnuson Act.

(d) All scup possessed on board a

party or charter boat issued a permit

under § 625.34(c) are deemed to have

been harvested from the EEZ.

(e) It is unlawful for any person to

violate any terms of a letter authorizing

experimental fishing pursuant to

§ 625.57 or to fail to keep such letter on

board the vessel during the time period

of the experimental fishing.

§ 625.40 Facilitation of enforcement

See § 620.8 of this chapter.

§ 625.41 Penalties.

See § 620.9 of this chapter.

Subpart D—Management Measures,

Scup

625.50 Catch quotas and other restrictions.

625.51 Closure.

625.52 Season and area restrictions.

625.53 Gear restrictions.

625.54 Minimum fish sizes.

625.55 Possession limit.

625.56 At-sea observer coverage.

625.57 Experimental fishery.

625.58 Protection of threatened and

endangered sea turtles.

Subpart D—Management Measures,

Scup

§ 625.50 Catch quotas and other

restrictions.

(a) Annual review. The Scup

Monitoring Committee will review the

following data on or before August 15 of

each year to determine the allowable

levels of fishing and other restrictions

necessary to result in an exploitation

rate of 47 percent in the second, third,

and fourth years following Amendment

8 implementation, 33 percent in the

fifth and sixth years following

Amendment 8 implementation, and 19

percent in the seventh year following

Amendment 8 implementation and

thereafter.

(1) As a basis for establishing these

specifications and restrictions, the

Monitoring Committee will review

available data pertaining to the

following:

(i) Commercial and recreational catch

data.

(ii) Current estimates of fishing

mortality.

(iii) Stock status.

(iv) Recent estimates of recruitment.

(v) Virtual population analysis results.

(vi) Levels of noncompliance by

fishermen or individual states.

(vii) Impact of size/mesh regulations.

(viii) Sea sampling and winter trawl

survey data, or, if sea sampling data are

unavailable, length frequency

information from the winter trawl

survey and mesh selectivity analyses.

(ix) Impact of gear other than otter

trawls on the mortality of scup.

(x) Any other relevant information.

(b) Recommended measures. Based on

this review, the Monitoring Committee

will recommend to the Demersal

Species Committee of the Council and

the Commission the following measures

it determines are necessary to assure

that the exploitation rate specified in

paragraph (a) of this section is not

exceeded:

(1) The coastwide commercial quota

will be set from a range of 0 to the

maximum allowed to achieve the

exploitation rate specified in paragraph

(a) of this section.

(2) Commercial minimum fish size.

(3) Minimum mesh size.

(4) The recreational possession limit

will be set from a range of 0 to 50 scup

to achieve the exploitation rate specified

in paragraph (a) of this section.

(5) The recreational minimum fish

size will be set from a range of 7 inches

(17.8 cm) total length to 10 inches (25.4

cm) total length.

(6) Recreational season.

(7) Restrictions on gear other than

otter trawls.

(8) Season and area closures in the

commercial fishery.

(c) Annual fishing measures. The

Demersal Species Committee shall

review the recommendations of the

Scup Monitoring Committee. Based on

these recommendations and any public

comment, the Demersal Species

Committee shall make its

recommendations to the Council; the

Council shall review these

recommendations. Based on these

recommendations, and any public

comment, the Council shall make

recommendations to the Regional

Director with respect to the measures

necessary to assure that the exploitation

rates specified in paragraph (a) of this

section are not exceeded. Included in

the recommendation will be supporting

documents, as appropriate, concerning

the environmental and economic

impacts of the proposed action. The

Regional Director will review these

recommendations and any

recommendations of the Commission.

After such review, the Regional Director

will publish in the Federal Register a

proposed rule on or before October 15

to implement a coastwide commercial

quota and recreational harvest limit and

additional management measures for the

commercial fishery, and will publish in

the Federal Register a proposed rule on

or before February 15 to implement

additional management measures for the

recreational fishery, if he/she

determines that these measures are

necessary to assure that the exploitation

rates specified in paragraph (a) of this

section are not exceeded. After

considering public comment on each

proposed rule, the Regional Director

will publish a final rule in the Federal

Register to implement the annual

measures.

(d) Additional quota measures. The

commercial quota will be implemented

as a coastwide quota. The Council and

Commission may revise the system to

distribute and manage the annual

commercial quota allocations in

accordance with the procedures set

forth in this section. Vessel trip limits,
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 27861

as well as coastwide, regional and stateby-state quotas may be considered in

combination with different fractions of

the fishing year. Any modification to the

coastwide quota system shall be

published as a proposed rule with a 45-

day public comment period in the

Federal Register. After considering

public comment on the proposed rule,

a final rule shall be published in the

Federal Register to implement the

modification.

§ 625.51 Closure.

(a) EEZ Closure. The Regional

Director will monitor the coastwide

commercial quota based on dealer

reports, state data, and other available

information and shall determine the

date when the commercial quota is

harvested. The Regional Director shall

close the EEZ to fishing for scup by

commercial vessels for the remainder of

the calendar year by publishing an

announcement in the Federal Register

advising that, effective upon a specific

date, the commercial quota has been

harvested, and notifying vessel and

dealer permit holders that no

commercial quota is available for

landing scup.

§ 625.52 Season and area restrictions.

If the Council determines through its

annual review process that seasonal

restrictions or area closures are

necessary for the commercial or

recreational sectors to achieve the

exploitation rate specified or to attain

other FMP objectives, such measures

will be enacted through the procedure

specified in § 625.50.

§ 625.53 Gear restrictions.

(a) Trawl vessel gear restrictions. (1)

Otter trawlers whose owners are issued

a scup moratorium permit under

§ 625.34 and that possess 4,000 or more

lb (1,814 or more kg) of scup, must fish

with nets that have a minimum mesh

size of 4 inches (10.2 cm) diamond

mesh applied throughout the codend for

at least 75 continuous meshes forward

of the terminus of the net or, for

codends with less than 75 meshes, the

minimum-mesh-size codend must be a

minimum of one-third of the net,

measured from the terminus of the

codend to the head rope, excluding any

turtle excluder device extension.

(2) Owners or operators of otter

trawlers issued a scup moratorium

permit under § 625.34 and fishing with,

or possessing on board, nets or pieces of

net that do not meet the minimum mesh

requirements and that are not stowed in

accordance with this section, may not

retain 4,000 or more lb (1,814 or more

kg) of scup. Scup on board these vessels

shall be stored separately and kept

readily available for inspection.

(3) Mesh-size measurement. Mesh

sizes are measured by a wedge-shaped

gauge having a taper of 2 cm to 8 cm

and a thickness of 2.3 millimeters

inserted into the meshes under a

pressure or pull of 5 kilograms. The

mesh size will be the average of the

measurement of any series of 20

consecutive meshes for nets having 75

or more meshes, and 10 consecutive

meshes for nets having fewer than 75

meshes. The mesh in the regulated

portion of the net will be measured at

least five meshes away from the lacings,

running parallel to the long axis of the

net.

(4) Net modification. The owner or

operator of a fishing vessel subject to

this part shall not use any device, gear,

or material, including, but not limited

to, nets, net strengtheners, ropes, lines,

or chafing gear, on the top of the

regulated portion of a trawl net.

However, one splitting strap and one

bull rope (if present), consisting of line

or rope no more than 3 inches (7.2 cm)

in diameter, may be used if such

splitting strap and/or bull rope does not

constrict in any manner the top of the

regulated portion of the net, and one

rope no greater that 0.75 inches (1.9 cm)

in diameter extending the length of the

net from the belly to the terminus of the

codend along each of the following: The

top, bottom, and each side of the net.

‘‘Top of the regulated portion of the net’’

means the 50 percent of the entire

regulated portion of the net that (in a

hypothetical situation) will not be in

contact with the ocean bottom during a

tow if the regulated portion of the net

were laid flat on the ocean floor. For the

purpose of this paragraph, head ropes

shall not be considered part of the top

of the regulated portion of a trawl net.

A vessel shall not use any means or

mesh configuration on the top of the

regulated portion of the net, as defined

in § 625.53(e), if it obstructs the meshes

of the net or otherwise causes the size

of the meshes of the net while in use to

diminish to a size smaller than the

minimum specified in § 625.53(a).

(5) Mesh obstruction or constriction.

(i) The owner or operator of a fishing

vessel may not use any mesh

configuration, mesh construction, or

other means on or in the top of the net,

as defined in paragraph (3) of this

section, if it obstructs the meshes of the

net in any manner.

(ii) No owner or operator of a fishing

vessel may use a net capable of catching

scup in which the bars entering or

exiting the knots twist around each

other.

(6) Stowage of nets. The owner or

operator of an otter trawl vessel

retaining 4,000 or more lb (1,814 or

more kg) of scup and subject to the

minimum mesh requirement may not

have available for immediate use any

net, or any piece of net, not meeting the

minimum mesh size requirement, or

mesh that is rigged in a manner that is

inconsistent with the minimum mesh

size. A net that conforms to one of the

following specifications and that can be

shown not to have been in recent use is

considered to be not ‘‘available for

immediate use:’’

(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.

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

around its circumference.

(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.

(C) The towing wires, including the

leg wires, are detached from the net.

(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.

(C) The codend is removed from the

net and stored below deck.

(iv) Nets that are secured in a manner

approved by the Regional Director,

provided that the Regional Director has

reviewed the alternative manner of

securing nets and has published that

alternative in the Federal Register.

(7) The minimum net mesh set forth

in paragraph (a)(1) of this section may

be changed following the procedures in

§ 625.50.

(b) Scup pots or traps restrictions—(1)

Degradable hinges. The owner or

operator 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

degradable hinges and fasteners made of

one of the following degradable

materials:

(i) Untreated hemp, jute, or cotton

string of 3⁄16 inches (4.8 mm) diameter

or smaller;

(ii) Magnesium alloy, timed float

releases (pop-up devices) or similar

magnesium alloy fasteners; or

(iii) Ungalvanized or uncoated iron

wire of 0.094 inches (2.4 mm) diameter

or smaller.
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