[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2415]


[[Page Unknown]]

[Federal Register: February 3, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 651

[Docket No. 931066-4014; 122893C]

 

Northeast Multispecies Fishery

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

ACTION: Final rule.

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SUMMARY: NOAA issues this final rule to implement gear requirements for 
vessels fishing for northern shrimp in the Northeast multispecies 
fishery during the 1993/94 fishing season. Vessels fishing for or 
possessing northern shrimp in the U.S. Exclusive Economic Zone (EEZ) 
and all Federally permitted fishing vessels fishing for or possessing 
northern shrimp are required to install and use a finfish excluder 
device throughout the fishing season and throughout the range. The 
intent of this requirement is to reduce the bycatch of groundfish in 
the small-mesh northern shrimp fishery.

EFFECTIVE DATES: January 31, 1994.

ADDRESSES: Copies of the referenced documents may be obtained from 
Richard B. Roe, Regional Director, National Marine Fisheries Service, 
One Blackburn Drive, Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT:
Martin Jaffe (Fishery Management Specialist, Northeast Region, NMFS), 
508-281-9272.

SUPPLEMENTARY INFORMATION: The regulations implementing Amendment 4 (56 
FR 24724, May 31, 1991) to the Fishery Management Plan for the 
Northeast Multispecies Fishery (FMP) include a measure that requires 
the New England Fishery Management Council (Council) to make necessary 
recommendations to the Director, Northeast Region, NMFS (Regional 
Director), on gear requirements for vessels fishing for northern 
shrimp.
    The Council's recommendation for the 1993/94 fishery that any 
vessel catching, harvesting or landing northern shrimp be required to 
use a finfish excluder device, particularly the Nordmore Grate (grate), 
with a rigid or semi-rigid bar spacing of not more than one inch (2.54 
cm), throughout the shrimp season, was published on November 8, 1993 
(58 FR 59232). The notice also provided a summary of an economic 
analysis contained in an environmental assessment prepared by the 
Council to accompany its recommendation. The publication of the 
recommendation initiated a comment period, which concluded on December 
3, 1993.

Comments and Responses

    A comment on the Council's recommendation was received from the 
Center for Marine Conservation, which supported approval of the 
Council's recommendation.
    This comment was considered in the agency's decision to approve the 
Council's recommendation.

Changes From the Proposed Rule to the Final Rule

    Changes were made to all of the sections under 
Sec. 651.20(b)(3)(vi), inclusive, to conform to the finfish excluder 
device requirement as published in the proposed rule to Amendment 5 to 
the multispecies FMP (58 FR 57774). All of the changes are for clarity 
and brevity. No substantive changes were made.

Classification

    This action is authorized by 50 CFR part 651 and is consistent with 
the Magnuson Act and other applicable law.
    The General Counsel Department of Commerce certified to the Small 
Business Administration that the proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. As a result, a regulatory flexibility analysis was not 
prepared.
    The Assistant Administrator for Fisheries, NOAA, has determined 
that it is impracticable and contrary to the public interest to delay 
for 30 days the effective date of this rule under section 553(d) of the 
Administrative Procedure Act. Fishermen harvesting northern shrimp 
already are required to use Nordmore grates in state waters of Maine, 
New Hampshire, and Massachusetts and have had ample time to adjust to 
this requirement. Implementation of this same requirement in the EEZ 
provides similar requirements for fishermen throughout the range of the 
fishery.

List of Subjects in 50 CFR Part 651

    Fishing, Fisheries, Vessel permits and fees.

    Dated: January 27, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For reasons set out in the preamble, 50 CFR part 651 is 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. Section 651.20 is amended by adding paragraph (b)(3)(vi) to read 
as follows:


Sec. 651.20   Regulated mesh area and gear limitations.

* * * * *
    (b) * * *
    (3) * * *
    (vi) Pursuant to Sec. 651.20(b)(3)(iv), beginning January 31, 1994, 
any vessel issued a permit under Sec. 651.4 that is fishing for, 
harvesting, possessing or landing northern shrimp, and any vessel 
fishing for, catching, harvesting or possessing northern shrimp in the 
EEZ, must have a properly configured and installed finfish excluder 
device in any net used to fish for or harvest northern shrimp, 
throughout the northern shrimp season as established or modified by the 
Atlantic States Marine Fisheries Commission. The finfish excluder 
device must be configured and installed consistent with the following 
specifications (see Figure 6 for an example of a properly configured 
and installed finfish excluder device):
    (A) The finfish excluder device must be a rigid or semi-rigid grate 
consisting of parallel bars of not more than 1 inch (2.54 cm) spacing 
that excludes all fish and other objects, except those that are small 
enough to pass between its bars into the codend of the trawl.
    (B) The finfish excluder device must be secured in the trawl, 
forward of the codend, in such a manner that it precludes the passage 
of fish or other objects into the codend without said fish or objects 
have first passed between the bars of the grate.
    (C) A fish outlet or hole must be provided to allow fish or other 
objects that are too large to pass between the bars of the grate to 
pass out of the net. The aftermost edge of this outlet must be at least 
as wide as the grate at the point of attachment. Said fish outlet must 
extend forward from the grate toward the mouth of the net.
    (D) A funnel of net material is allowed in the lengthening piece of 
the net forward of the grate to direct catch towards the grate.
    3. Figure 6 is added to part 651 as follows:

BILLING CODE 3510-22-M

TR03FE94.011


Figure 6. Nordmore grate.

[FR Doc. 94-2415 Filed 1-31-94; 3:29 pm]
BILLING CODE 3510-22-C