[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Rules and Regulations]
[Pages 3102-3105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-927]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 651
[Docket No. 950109008-5008-01; I.D. 122894A]
Northeast Multispecies Fishery; Amendment to an Emergency Interim
Rule
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; amendment.
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SUMMARY: NMFS issues this emergency interim rule to amend an existing
emergency interim rule concerning the Northeast Multispecies Fishery.
This [[Page 3103]] rule specifies among other things, that allowable
bycatch species have been added to the exempted fisheries as defined in
the existing emergency interim rule, that a bycatch fishery for
longhorn sculpin will be allowed in the Northern Shrimp Exemption Area,
and that transitting through closed areas established by the existing
emergency interim rule will be allowed for vessels seeking safe haven.
EFFECTIVE DATE: January 10, 1995, through March 12, 1995.
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, NMFS, Fishery Policy
Analyst, 508-281-9252 or Bridgette S. Davidson, NMFS, Fishery
Management Specialist, 508-281-9347.
SUPPLEMENTARY INFORMATION: The New England Fishery Management Council
(Council) submitted Amendment 5 to the Northeast Multispecies Fishery
Management Plan on September 27, 1993. Amendment 5, with some
exceptions, was approved on January 3, 1994. The final rule for
Amendment 5 was published, and effective for the most part, on March 1,
1994 (59 FR 9872). On December 12, 1994, an emergency interim rule was
published (59 FR 63926), and became effective. This action makes
several modifications or clarifications to the December 12 emergency
interim rule.
Section 651.20(a)(8) and (9) are revised to clarify that transit is
allowed through the Stellwagen Bank/Jeffreys Ledge (SB/JL) juvenile
protection area, if nets that are not of proper configuration for
trawling in this area are properly stowed. Net stowage requirements at
Sec. 651.20(c)(7) are revised to incorporate the SB/JL juvenile
protection area transit provision.
Provisions at Sec. 651.21(d)(1)(ii) and (d)(3)(ii) are modified to
include, in Closed Area I and the Nantucket Lightship Closed Area,
entry of vessels seeking safe haven from storm conditions. These
sections are modified due to safety concerns.
Section 651.21(d)(2)(ii) is revised to include a reference to
Sec. 651.21(d)(1)(iii), which will define the stowage provision for
scallop dredge gear. This definition of a stowed scallop dredge is
added due to the inability of scallop dredge gear to be stowed in
compliance with the net stowage requirements specified under
Sec. 651.21(c)(7).
Sections 651.20(a)(7)(i) and (iii) are revised to clarify that in
the Northern Shrimp Exemption Area, a vessel fishing for northern
shrimp may direct its fishing effort on northern shrimp only and may
not possess or retain any other species with the exception of an
allowable bycatch of longhorn sculpin.
Sections 651.20(c)(6)(ii) and (d)(5)(ii) are revised to specify
additional bycatch species allowed to be retained in the exempted
fisheries as defined by the December 12 emergency interim rule. The
bycatch species allowed under this amendment meet the same criteria as
those bycatch species allowed under the December 12 emergency interim
rule. These species were not raised as potential bycatch species in
time to be considered for the December 12 emergency interim rule.
Specifically, these species are caught incidentally to the exempted
fisheries as defined by the December 12 emergency interim rule. It is
unlikely that there would be an incentive to direct on these bycatch
species, or if a vessel did direct on them, it is unlikely that they
would catch regulated multispecies. This addition preserves the
original intent of the requirement without overly burdening the
industry or creating unnecessary discards.
This action also adds scientific names for the other allowable
bycatch to help in species identification.
All exempted small-mesh fisheries and species which are caught
incidentally to them, are subject to any applicable fishery management
plans and their implementing regulations contained within Title 50,
CFR.
Classification
This emergency interim rule amends an existing emergency interim
rule, for the remainder of its short duration, for safety
considerations and to clarify an exemption to the existing emergency
interim rule. Given the limited time of these rules' applicability and
that these modifications serve to refine and broaden an existing
exemption, prior notice and opportunity for public comment would be
impracticable and unnecessary. As such, good cause exists to waive
these requirements pursuant to authority at 5 U.S.C. section 553(b)(B).
Further, because this emergency interim rule relieves a regulatory
restriction and amends an existing rule for safety concerns there is
good cause under 5 U.S.C. sections 553(d)(1) and (3) to waive the 30-
day delay in effective date.
This action has been determined to be ``not significant'' for the
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 651
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 10, 1995.
Charles Karnella,
Program Management Officer, National Marine Fisheries Service.
For the 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. In Sec. 651.9, paragraph (e)(36), which was temporarily added at
59 FR 63929, December 12, 1994, effective December 12, 1994, through
March 12, 1995, is temporarily revised, effective January 10, 1995,
through March 12, 1995, to read as follows. On March 12, 1995,
Sec. 651.9(e)(36) will expire.
Sec. 651.9 Prohibitions.
* * * * *
(e) * * *
(36) Fish with or possess within the areas described in
Sec. 651.20(a)(1) nets of mesh smaller than the minimum size
specified in Sec. 651.20(a)(6), unless the vessel is exempted under
Sec. 651.20(a)(7), (a)(9), (e) or (f), or unless the vessel qualifies
for the exception specified in paragraph (e)(1)(ii) of this section.
* * * * *
3. In Sec. 651.20, paragraphs (a)(7)(i), (a)(7)(iii), (a)(8)
introductory text, (a)(9), (c)(6)(ii), (c)(7) introductory text, and
(d)(5)(ii), which were temporarily added at 59 FR 63929, December 12,
1994, effective December 12, 1994, through March 12, 1995, are
temporarily revised, effective January 10, 1995, through March 12,
1995, to read as follows. On March 12, 1995, Sec. 651.20(a)(7)(i),
(a)(7)(iii), (a)(8) introductory text, (a)(9), (c)(6)(ii), (c)(7)
introductory text and (d)(5) will expire.
Sec. 651.20 Regulated mesh areas and restrictions on gear and methods
of fishing.
* * * * *
(a) * * *
(7) * * *
(i) Possession limit. A vessel fishing under this exemption may not
fish for, possess on board or land any species of fish other than
shrimp. However, vessels may retain longhorn sculpin (Myoxocephalus
octodecimspinosus) as an allowable bycatch species in the Northern
Shrimp Exemption Area as described in this section.
* * * * *
(iii) A vessel may only fish for or harvest northern shrimp, with
the exception that a vessel may retain longhorn sculpin as an allowable
bycatch species, during the northern [[Page 3104]] shrimp season, as
established by the Atlantic States Marine Fisheries Commission (ASMFC).
The northern shrimp season is December 1 through May 30, or as modified
by the ASMFC.
(8) Stellwagen Bank/Jeffreys Ledge (SB/JL) juvenile protection
area. Except as provided in paragraphs (a)(7), (a)(9), (e) and (f) of
this section, the minimum mesh size for any trawl net or Scottish seine
in use, or available for use as described under paragraph (c)(7) of
this section, by a vessel fishing in the following area shall be 6
inches (15.24 cm) square mesh in the last 50 bars of the codend and
extension piece for vessels 45 ft (13.7 m) and less, and in the last
100 bars of the codend and extension piece for vessels greater than 45
ft (13.7 m).
* * * * *
(9) Transitting. (i) Vessels subject to the mesh requirements
specified in paragraph (a)(6) of this section may transit through the
Northern Shrimp Exemption Area defined in paragraph (a)(7) of this
section with nets on board with mesh smaller than the minimum size
specified in paragraph (a)(6) of this section, provided that the nets
are stowed in accordance with the provisions of paragraph (c)(7) of
this section, and provided the vessel has no fish on board; and
(ii) Vessels subject to the mesh requirements specified in
paragraph (a)(6) of this section may transit through the SB/JL juvenile
protection area defined in paragraph (a)(8) of this section with nets
on board that do not conform to the requirements specified in
paragraphs (a)(6) or (a)(8) of this section, provided that the nets are
stowed in accordance with the provisions of paragraph (c)(7) of this
section.
* * * * *
(c) * * *
(6) * * *
(ii) Possession and net stowage requirements. Vessels may possess
regulated species while in possession of nets with mesh less than the
minimum size specified in paragraph (c)(5) of this section, provided
that the nets are stowed and are not available for immediate use in
accordance with paragraph (c)(7) of this section, and provided that
regulated species were not harvested by nets of mesh size smaller than
the minimum mesh size specified in paragraph (c)(5) of this section.
Vessels may only fish for, or retain, butterfish, dogfish, herring,
mackerel, ocean pout, scup, shrimp, Loligo squid, Illex squid, summer
flounder, whiting and/or weakfish, while fishing with nets of mesh
smaller than the minimum size specified in paragraph (c)(5) of this
section. Vessels fishing for these species under the exemption provided
herein may also possess and retain the following species as incidental
take to these exempted fisheries: Conger eels (Conger oceanicus);
searobins (species in the family Triglidae); black sea bass
(Centropristis striata); red hake; tautog (blackfish)(Tautoga onitis);
blowfish (puffer)(species in the family Tetraodontidae); cunner
(Tautogolabrus adspersus); John Dory (Zenopsis conchifera); mullet
(species in the family Mugilidae); bluefish (Pomatomus saltatrix);
tilefish (Lopholatilus chamaeleonticeps); longhorn sculpin
(Myoxocephalus octodecimspinosus); fourspot flounder (Paralichthys
oblongus); alewife (Alosa pseudoharengus); hickory shad (Alosa
mediocris); American shad (Alosa sapidissima); blueback herring (Alosa
aestivalis); sea ravens (Hemitripterus americanus); Atlantic croaker
(Micropogonias undulatus); spot (Leiostomus xanthurus); and swordfish
(Xiphias gladius).
(7) Net stowage requirements. Any person on a fishing vessel or any
fishing vessel subject to the net stowage or transitting requirements
of this section may not have available for immediate use any net not
meeting the regulated mesh requirements as specified in paragraphs
(a)(7), (a)(8), (c)(5), and (d)(4) of this section and, as applicable,
in the areas and for the times specified in Sec. 651.32(c). 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:''
* * * * *
(d) * * *
(5) * * *
(ii) Possession and net stowage requirements. Vessels may possess
regulated species while in possession of nets with mesh less than the
minimum size specified in paragraph (d)(4) of this section, provided
that the nets are stowed and are not available for immediate use in
accordance with paragraph (c)(7) of this section, and provided that
regulated species were not harvested by nets of mesh size smaller than
the minimum mesh size specified in paragraph (d)(4) of this section.
Vessels may only fish for, or retain, butterfish, dogfish, herring,
mackerel, ocean pout, scup, shrimp, Loligo squid, Illex squid, summer
flounder, whiting weakfish, and/or scallops while fishing with nets of
mesh smaller than the minimum size specified in paragraph (d)(4) of
this section. Vessels fishing for these species under the exemption
provided herein may also possess and retain the following species as
incidental take to these exempted fisheries: Conger eels (Conger
oceanicus); searobins (species in the family Triglidae); black sea bass
(Centropristis striata); red hake; tautog (blackfish)(Tautoga onitis);
blowfish (puffer)(species in the family Tetraodontidae); cunner
(Tautogolabrus adspersus); John Dory (Zenopsis conchifera); mullet
(species in the family Mugilidae); bluefish (Pomatomus saltatrix);
tilefish (Lopholatilus chamaeleonticeps); longhorn sculpin
(Myoxocephalus octodecimspinosus); fourspot flounder (Paralichthys
oblongus); alewife (Alosa pseudoharengus); hickory shad (Alosa
mediocris); American shad (Alosa sapidissima); blueback herring (Alosa
aestivalis); sea ravens (Hemitripterus americanus); Atlantic croaker
(Micropogonias undulatus); spot (Leiostomus xanthurus); swordfish
(Xiphias gladius); and skate (species in the family Rajidae).
* * * * *
4. In Sec. 651.21, paragraphs (d)(1)(ii) and (d)(2)(ii)(B), which
were temporarily added at 59 FR 63932, December 12, 1994, effective
December 12, 1994, through March 12, 1995, are temporarily revised, and
paragraphs (d)(1)(iii) and (d)(3)(ii)(C) are temporarily added,
effective January 10, 1995, through March 12, 1995, to read as follows.
On March 12, 1995, Sec. 651.21(d)(1)(ii), (d)(1)(iii), (d)(2)(ii)(B)
and (d)(3)(ii)(C) will expire.
Sec. 651.21 Closed areas.
* * * * *
(d) * * *
(1) * * *
(ii) Paragraph (d)(1)(i) of this section does not apply to persons
on fishing vessels or fishing vessels:
(A) Fishing with or using pot gear designed and used to take
lobsters, and which have no other gear on board capable of catching
multispecies finfish;
(B) Seeking safe haven from storm conditions. Such fishing vessels
may transit through the closed area providing that:
(1) Gale, storm, or hurricane conditions are posted for the area by
the National Weather Service;
(2) Such vessels do not fish in the area;
(3) Fishing net gear is stowed in accordance with
Sec. 651.20(c)(7) and scallop dredge gear is stowed in accordance
with paragraph (d)(1)(iii) of this section; and
(4) The vessel provides notice to a patrolling U.S. Coast Guard
aircraft or [[Page 3105]] vessel in the vicinity of Georges Bank by
high frequency radio (2.182 kHz) of its intention of transitting the
closed area, the time and position when the vessel enters the area and
the time and position when the vessel exits the closed area.
(iii) Scallop dredge vessels transitting the closed areas as
specified under paragraphs (d)(1), (2), and (3) of this section may not
have fishing gear available for immediate use and must detach the
towing wire from the scallop dredge, reel the wire up onto the winch,
and secure and cover the dredge so that it is rendered unusable for
fishing.
(2) * * *
(ii) * * *
(B) Seeking safe haven from storm conditions in waters adjacent to
the western edge of the closed area. Such fishing vessels may transit
through the closed area in accordance with paragraph (d)(1)(ii)(B) of
this section.
(3) * * *
(ii) * * *
(C) Seeking safe haven from storm conditions. Such fishing vessels
may transit through the closed area in accordance with paragraph
(d)(1)(ii)(B) of this section.
[FR Doc. 95-927 Filed 1-10-95; 3:13 pm]
BILLING CODE 3510-22-F