[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9811]


[[Page Unknown]]

[Federal Register: April 22, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[I.D. 041994C]

 

Northeast Multispecies Fishery; Winter Flounder Resubmission

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

ACTION: Notice of availability of a resubmitted portion of a fishery 
management plan amendment; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this notice that the New England Fishery 
Management Council (Council) has revised a management measure 
concerning winter flounder that was originally contained in Amendment 5 
to the Fishery Management Plan for the Northeast Multispecies Fishery 
(FMP). The original measure was disapproved. A revised version of that 
measure has been submitted for Secretarial review.

DATES: Comments on the revised portion of Amendment 5 should be 
submitted by May 19, 1994.

ADDRESSES: Comments should be sent to Allen E. Peterson, Jr., Acting 
Director, Northeast Regional Office, One Blackburn Drive, Gloucester, 
MA 01930-3799. Copies of revised Amendment 5 and the environmental 
assessment/regulatory impact review may be obtained from Douglas G. 
Marshall, Executive Director, New England Fishery Management Council, 
Suntaug Office Park, 5 Broadway, Saugus, MA 01906-1097.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, 508-281-9252.

SUPPLEMENTARY INFORMATION: Amendment 5 was prepared by the Council and 
submitted to the Secretary for review under section 304(b) of the 
Magnuson Fishery Conservation and Management Act (Magnuson Act). The 
Magnuson Act requires the Secretary to approve, disapprove, or 
partially disapprove FMPs or amendments, based upon a determination of 
consistency with national standards and other applicable laws. On 
September 30, 1993, the Secretary announced disapproval of two measures 
contained in Amendment 5, a 5,000-pound (2,268 kg) haddock possession 
limit and an exemption for vessels fishing for winter flounder in state 
waters. The remainder of the amendment was approved on January 3, 1994.
    To replace the disapproved measure for the winter flounder 
exemption, the Council has adopted and submitted a revision to 
Amendment 5 for Secretarial review. The disapproved measure concerning 
the haddock possession limit has been resubmitted by the Council for 
Secretarial review under a separate action.
    The revised measure for a winter flounder exemption would allow a 
vessel operator who holds a Federal multispecies fishery permit to fish 
for winter flounder with mesh smaller than that specified in the 
regulations governing the multispecies fishery under Sec. 651.20, and 
retain winter flounder smaller than the minimum fish size under 
Sec. 651.23(a), provided that: (1) The fishing is conducted exclusively 
in the waters of the state from which an exemption certificate was 
obtained; (2) the vessel has on board an exemption certificate issued 
by the state agency, authorizing the vessel's participation in the 
state's winter flounder fishing program, and is in compliance with the 
applicable state laws pertaining to minimum mesh size and minimum fish 
size for winter flounder; (3) the state's winter flounder regulations 
have been approved by the Atlantic States Marine Fisheries Commission 
(ASMFC) as being in compliance with the ASMFC Winter Flounder Fishery 
Management Plan; (4) the state applies in writing to the Director, 
Northeast Region, NMFS (Regional Director), to participate in the 
exemption program; (5) the amount of nine groundfish species (cod, 
haddock, pollock, redfish, white hake, witch flounder, American plaice, 
windowpane flounder, and yellowtail flounder) on board vessels issued a 
limited access permit and fishing under the days-at-sea (DAS) program 
or on board category 3 vessels exempt from the DAS program, exclusive 
of winter flounder, does not exceed 500 pounds (226.8 kg); (6) the 
vessel does not enter or transit the Exclusive Economic Zone unless the 
vessel is in a designated transit zone established by the Regional 
Director at the request of the coastal state; and (7) the vessel does 
not enter or transit the waters of another state unless such other 
state is participating in the exemption program and the vessel is 
enrolled in that state's program.
    Regulations proposed by the Council to implement the resubmitted 
measure for winter flounder are scheduled to be published within 15 
days.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

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

    Dated: April 19, 1994.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 94-9811 Filed 4-19-94; 3:52 pm]
BILLING CODE 3510-22-P