[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7956]


[[Page Unknown]]

[Federal Register: April 4, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 651

[Docket No. 931076-4094; I.D. 032894H]

 

Northeast Multispecies Fishery

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to delay for 30 days the effective 
date for implementation of the 6-inch (15.24-cm) minimum mesh size 
requirement for the Gulf of Maine/Georges Bank (GOM/GB) regulated mesh 
area and the Stellwagen Bank/Jeffreys Ledge (SB/JL) juvenile protection 
area as established under Amendment 5 to the Fishery Management Plan 
for the Northeast Multispecies Fishery (FMP) and its implementing 
regulations. Participants fishing in these areas in this fishery may 
continue to fish with 5\1/2\-inch (13.97-cm) mesh through April 30, 
1994. The minimum mesh-size requirement for the GOM/GB and SB/JL areas 
will become 6 inches (15.24 cm) beginning May 1, 1994. The intent of 
this delay in effective date is to allow additional time for fishermen 
to obtain nets with the required mesh size which are presently in short 
supply in the fishery.

EFFECTIVE DATE: April 1, 1994.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy 
Analyst, NMFS, 508-281-9252.

SUPPLEMENTARY INFORMATION:

Background

    Amendment 5 to the FMP was prepared by the New England Fishery 
Management Council (Council) under the authority of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) 
(Magnuson Act) and approved by NMFS. Regulations implementing Amendment 
5 were published March 1, 1994 (59 FR 9872), and corrected on March 7, 
1994 (59 FR 10588). In addition to other management measures, the 
regulations implemented a 6-inch (15.24-cm) minimum mesh size 
requirement in the GOM/GB regulated mesh area and the SB/JL juvenile 
protection area effective April 1, 1994.
    The fishing industry has reported that local New England mesh 
suppliers do not have adequate supplies of 6-inch (15.24-cm) mesh 
available. In order to allow time for adequate supply quantities to 
become available and for all in the fishery to procure conforming nets, 
this rule delays the effective date of the 6-inch (15.24-cm) mesh 
requirement for 30 days. Beginning May 1, 1994, all multispecies permit 
holders must comply with the 6-inch (15.24-cm) minimum mesh-size 
requirement in the GOM/GB and SB/JL areas.
    The Assistant Administrator for Fisheries, NOAA (AA) has determined 
that this delay in effective date is necessary to respond to an 
emergency situation and is consistent with the Magnuson Act and other 
applicable law.
    This rule makes a permanent change in the regulations at 
Sec. 651.20(a)(2) and (a)(5) to incorporate language specifying that 
the 6-inch (15.24-cm) minimum mesh-size requirement is not effective 
until May 1, 1994, under the emergency authority of section 
305(c)(3)(B) of the Magnuson Act. Although section 305(c)(3)(B) 
stipulates that emergency regulations may not remain in effect for more 
than two 90-day periods after publication in the Federal Register, the 
permanent change in the regulatory language which is needed for clarity 
and for the convenience of the public, will have regulatory effect on 
the public only from April 1 through April 30, 1994, which is well 
within the limitation on emergency rule effectiveness of the Magnuson 
Act.

List of Subjects in 50 CFR Part 651

    Fisheries and Fishing.

    Dated: March 29, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set forth 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. In Sec. 651.20, paragraphs (a)(2) and (a)(5) are revised to read 
as follows:


Sec. 651.20  Regulated mesh areas and restrictions on gear and methods 
of fishing.

* * * * *
    (a) * * *
    (2) Mesh-size restrictions. Except as provided in paragraphs (a)(3) 
through (5), (e), and (f) of this section, the minimum mesh size for 
any trawl net, sink gillnet, Scottish seine, or midwater trawl, on a 
vessel, or used by a vessel fishing in the GOM/GB regulated mesh area, 
shall be 5\1/2\ inches (13.97 cm) from March 1 through April 30, 1994, 
and beginning May 1, 1994, 6 inches (15.24 cm) diamond or square mesh 
throughout the entire net. This restriction does not apply to nets or 
pieces of nets smaller than 3 ft (0.9 m)  x  3 ft (0.9 m), (9 sq. ft 
(0.81 m\2\)), or to vessels not holding a Federal multispecies permit 
under this part and that are fishing exclusively in state waters.
* * * * *
    (5) Stellwagen Bank/Jeffreys Ledge (SB/JL) juvenile protection 
area. During the period March 1, through April 30, 1994, the minimum 
mesh size for nets in the following area shall be 5 and \1/2\ inches 
(13.97 cm) in all sink gillnets and 5 and \1/2\ inches (15.24 cm) 
square mesh in the last 140 bars of the codend and extension piece of 
all mobile net gear. During the period May 1, through July 31, 1994, 
and March 1 through July 31 for each subsequent year, the minimum mesh 
size for nets in the following area shall be 6 inches (15.24 cm) in all 
sink gillnets and 6 inches (15.24 cm) square mesh in the last 140 bars 
of the codend and extension piece of all mobile net gear.
* * * * *
[FR Doc. 94-7956 Filed 3-30-94; 11:53 am]
BILLING CODE 3510-22-P