[Federal Register Volume 60, Number 22 (Thursday, February 2, 1995)]
[Rules and Regulations]
[Pages 6446-6448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2536]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 950124025-5025-01; I.D. 122094A]
RIN 0648-AD33


Northeast Multispecies Fishery

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

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS issues this final rule to make corrections and 
clarifications to the regulations implementing Amendment 5 to the 
Northeast Multispecies Fishery Management Plan (FMP) and subsequent 
framework actions.

EFFECTIVE DATE: February 1, 1995, except for Sec. 651.9(e)(36), 
amendments to Sec. 651.20(b)(2)(ii), and Sec. 651.20(c)(2)(ii), and 
Sec. 651.20(c)(4) introductory text, which will be effective on June 
11, 1995.

FOR FURTHER INFORMATION CONTACT: Bridgette S. Davidson, NMFS, Fishery 
Management Specialist, 508-281-9347.

SUPPLEMENTARY INFORMATION: The New England Fishery Management Council 
(Council) submitted Amendment 5 to the FMP to NMFS on September 27, 
1993. Amendment 5, with some exceptions, was approved on January 3, 
1994. The final rule for Amendment 5 was published on March 1, 1994 (59 
FR 9872). This final rule makes several corrections and clarifications 
to the regulations and to subsequent amendments to the regulations--59 
FR 9872, March 1, 1994; 59 FR 26972, May 25, 1994; 59 FR 36725, July 
19, 1994; 59 FR 42176, August 17, 1994.
    The definition of ``sink gillnet'' (Sec. 651.2) was modified in 
Framework Adjustment 4 to the FMP and is further clarified here. The 
definition is revised to clarify that a sink gillnet is a bottom-
tending gillnet.
    Section 651.4(f)(2)(iv) is modified to reflect the Council's 
intent. Although the preamble to the final regulations for Amendment 5 
stated that vessel owners would be allowed to change their 1994 permit 
category within 30 days of receiving their permit, there was no 
specific language in the regulations prohibiting a change in category 
after that time during the initial fishing year. The Council did not 
intend for vessels to switch between days-at-sea (DAS) programs, except 
during the renewal process to receive a 1995 limited access 
multispecies permit. The regulations are modified accordingly.
    Section 651.5 requires any operator of a vessel in possession of 
multispecies harvested from the exclusive economic zone to have an 
operator's permit. Recreational vessels that are exempt from a 
multispecies permit are also exempt from the operator's permit 
requirements. This exemption was inadvertently omitted from the final 
rule implementing Amendment 5. This final rule clarifies that only 
vessels that are required to have a multispecies permit are required to 
have an operator with an operator's permit.
    The regulations implementing mesh obstruction and tie-up 
inadvertently had no correlated prohibitions. Section 651.9(b)(11) and 
(e)(36) are added by this final rule to address this omission; however, 
the prohibition at Sec. 651.9(e)(36) will be effective beginning June 
11, 1995, due to the emergency action published in the Federal Register 
on (59 FR 63926, December 12, 1994), which temporarily added 
prohibitions to that section. The emergency action is effective through 
March 12, but the Council is expected to vote to extend the emergency 
for an additional 90 days, i.e., through June 11, 1995. If the 
emergency action is not extended, NMFS will publish a notice to modify 
the effective date of this rule.
    In order to reflect more accurately the prohibition at 
Sec. 651.9(b)(1), the word ``accruing'' is replaced with ``using'' when 
discussing a vessel using all of its annual DAS allocation.

[[Page 6447]]

    Section 651.20(b)(2)(ii) and (c)(2)(ii) both make reference to 
paragraphs (f) and (g). These references are corrected to read 
paragraphs (e) and (f), respectively, which are the midwater trawl gear 
and the purse seine gear exceptions.
    The net stowage requirements at Sec. 651.20(c)(4) are directed at 
fishing in southern New England or the mid-Atlantic, but the stowage 
requirements also apply to sink gillnet vessels transitting areas 
closed to sink gillnets and to vessels participating in the Cultivator 
Shoals Whiting Fishery when transitting the Gulf of Maine/Georges Bank 
regulated mesh area. References to specific geographic areas are 
removed from net stowage requirements. Corrections to Sec. 651.20 will 
be effective beginning June 11, 1995, because the emergency action 
published on December 12, 1994, has temporarily suspended portions of 
this section.
    Section 651.22(c)(1)(i)(B) is corrected by removing the reference 
to the 500-lb (226.8-kg) possession limit, which was changed with 
Framework Adjustment 3 to the FMP (59 FR 36725, July 19, 1994).
    A technical amendment to Sec. 651.22(d)(1)(i)(C) clarifies that in 
order to be eligible for the small-boat exemption (for vessels 45 ft 
(13.7 m) or less), a vessel owner must provide documentation that 
accurately states the vessel's length overall. This is intended to 
remove the confusion as to when U.S. Coast Guard documentation will be 
accepted as verification of a vessel's length.
    In Sec. 651.23(c), the reference to paragraph (c) is corrected to 
read paragraph (d).

Classification

    Because this rule only corrects omissions and other errors or makes 
clarifications of intent to an existing set of regulations for which 
full prior notice and opportunity for comment have been given, under 5 
U.S.C. 553(b)(B), it is unnecessary to provide prior notice and 
opportunity for comment.
    This rule imposes no new requirements on anyone subject to these 
regulations, and many provisions remove or relieve restrictions. 
Accordingly, under 5 U.S.C. 553(d), the rule is effective immediately 
except for sections 651.9(e)(36), 651.20(b)(2)(ii), 651.20(c)(2)(ii), 
and 651.20(c)(4) introductory text, which will be effective beginning 
June 11, 1995.
    This rule is exempt from review under E.O. 12866.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 26, 1995.
Gary Matlock,
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. Section 651.2, the definition for ``sink gillnet'' is revised to 
read as follows:


Sec. 651.2  Definitions.

* * * * *
    Sink gillnet means a bottom-tending gillnet, which is any gillnet, 
anchored or otherwise, that is designed to be, is capable of being, or 
is fished on or near the bottom in the lower third of the water column.
* * * * *
    3. Section 651.4(f)(2)(iv), is revised to read as follows:


Sec. 651.4  Vessel permits.

* * * * *
    (f) * * *
    (2) * * *
    (iv) In 1994, vessel owners may change their vessel's DAS category 
within 30 days of receipt of their 1994 multispecies permit. After 30 
days, the vessel must fish only in the DAS program assigned for the 
remainder of the fishing year. In 1995, if the vessel owner is applying 
to fish under a different DAS program than was assigned for 1994, the 
application must include such election and the vessel must fish only in 
that category for the entire fishing year.
* * * * *
    4. Section 651.5(a) is revised to read as follows:


Sec. 651.5  Operator permits.

    (a) General. Any operator of a vessel that has been issued a valid 
Federal multispecies permit under this part, or any operator of a 
vessel fishing for multispecies finfish in the EEZ or in possession of 
multispecies finfish in or harvested from the EEZ, must carry on board 
a valid operator's permit issued under this part. This requirement does 
not apply to recreational vessels and vessels that fish exclusively in 
state waters for multispecies.
* * * * *
    5. In Sec. 651.9, paragraph (b)(1) is revised, and paragraph 
(b)(11) is added to read as follows:


Sec. 651.9  Prohibitions.

* * * * *
    (b) * * *
    (1) Possess at any time during a trip, or land per trip, more than 
the possession limit of regulated species as specified in 
Sec. 651.27(a), after using the vessel's annual DAS allocation or when 
not participating under the DAS program pursuant to Sec. 651.22.
* * * * *
    (11) Fail to comply with the layover day requirement as described 
in Sec. 651.22(c)(1)(ii)(A).
* * * * *
    6. Effective June 11, 1995, in Sec. 651.9, paragraph (e)(36) is 
added to read as follows:


Sec. 651.9  Prohibitions.

* * * * *
    (e) * * *
    (36) Obstruct or constrict a net as described in Sec. 651.20(h)(1) 
and (2).
* * * * *
    7. Effective June 11, 1995, Sec. 651.20 is amended by removing the 
words ``paragraphs (f) and (g)'' from the first sentences of paragraphs 
(b)(2)(ii) and (c)(2)(ii) and adding in their places the words 
``paragraphs (e) and (f)'', and by revising paragraph (c)(4) 
introductory text to read as follows:


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

* * * * *
    (c) * * *
    (4) Net stowage requirements. A net that is stowed and is not 
available for immediate use conforms to one of the following 
specifications:
* * * * *
    8. In Sec. 651.22, paragraphs (c)(1)(i)(B) and (d)(1)(i)(C) are 
revised to read as follows:


Sec. 651.22  Effort-control program for limited access vessels.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (B) During each period of time declared, the applicable vessel may 
not possess more than the possession limit of regulated species as 
specified in Sec. 651.27(a).
* * * * *
    (d) * * *
    (1) * * *
    (i) * * *
    (C) The measurement of length overall must be verified using 
documentation that accurately states length overall as described in 
paragraph (c)(1)(i)(A) of this section. Acceptable documentation 
includes U.S. Coast Guard 

[[Page 6448]]
documentation on vessels built after 1984, written verification from a 
qualified marine surveyor or the builder, or the vessel's construction 
plans. A copy of the length overall verification must accompany an 
application for a Federal multispecies permit issued under Sec. 651.4.
* * * * *
    9. Section 651.23(c) is revised to read as follows:


Sec. 651.23  Minimum fish size.

* * * * *
    (c) The minimum size applies to whole fish or to any part of a fish 
while possessed on board a vessel, except as provided in paragraph (d) 
of this section, and to whole fish only, after landing. Fish or parts 
of fish must have skin on while possessed on board a vessel and at the 
time of landing in order to meet minimum size requirements. ``Skin on'' 
means the entire portion of the skin normally attached to the portion 
of the fish or fish parts possessed.
* * * * *
[FR Doc. 95-2536 Filed 2-01-95; 8:45 am]
BILLING CODE 3510-22-F