[Federal Register Volume 60, Number 209 (Monday, October 30, 1995)]
[Rules and Regulations]
[Page 55207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26758]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 950124025-5255-02; I.D. 100395B]


Northeast Multispecies Fishery; Framework Procedure to Protect 
Harbor Porpoise

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 correct and clarify certain 
sections of the regulations that implement the framework procedures for 
adjusting regulatory measures to protect harbor porpoise under the 
Northeast Multispecies Fishery Management Plan (FMP). This action is 
necessary to make these measures consistent with the intent of 
Amendment 5 to the Northeast Multispecies Fishery Management Plan 
submitted by the New England Fishery Management Council (Council).

EFFECTIVE DATE: October 25, 1995.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy 
Analyst, 508-281-9272.

SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 5 to the 
FMP were published on March 1, 1994 (59 FR 9872), and corrected on 
February 2, 1995 (60 FR 6447). Amendment 5, among other provisions, 
implemented a framework adjustment procedure for the purpose of 
achieving harbor porpoise mortality reduction goals. The section of the 
regulations implementing Amendment 5, pertaining to the ``reduction of 
take'' measures in the harbor porpoise bycatch of the Gulf of Maine 
sink gillnet fishery, does not reflect clearly the intent of the 
Council with respect to the role of the Harbor Porpoise Review Team 
(HPRT) and the number of meetings required to conclude the procedure.
    As written, Sec. 651.32(b)(4) can be read to mean that the 
recommendations of the HPRT must be published in the Federal Register 
without analysis or refinement by the Council. This final rule/
technical amendment corrects and clarifies the regulation and relieves 
the HPRT of the unintended requirement to analyze and refine its own 
recommendations for publication in the Federal Register.
    Section 651.32(b)(4) also can be read to mean that the Regional 
Director is required to provide the public with any necessary analysis 
and opportunity to comment on any recommended changes or additions by 
the HPRT, before the Council adopts them. This final rule/technical 
amendment corrects and clarifies the regulation and assigns the Council 
with the responsibility for providing the public with any necessary 
analysis and opportunity to comment on any changes recommended by the 
HPRT, as originally intended.
    Finally, section 651.32(b)(5) seems to require a minimum of three 
Council meetings, instead of two, as intended, before the Council shall 
determine whether to recommend changes or additions to the ``reduction 
of take'' measures in the harbor porpoise bycatch of the Gulf of Maine 
sink gillnet fishery. This final rule clarifies that at least two 
meetings are required, instead of three, making it consistent with the 
framework adjustment provisions included elsewhere in the Northeast 
Multispecies FMP and other FMPs.

Classification

    Because this rule only corrects and clarifies the Council's intent 
regarding a section of an existing regulation for which prior notice 
and opportunity for public comment were provided, under 5 U.S.C. 
553(b)(B) it is unnecessary to provide additional notice and 
opportunity for comment. Further, in that this rule is merely a 
clarification with no substantive effect, it is not subject to the 30-
day delay in effective date provision of 5 U.S.C. 553(d).
    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: October 24, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, 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. 651.32, paragraphs (b)(4) and (b)(5) are revised to read 
as follows:


Sec. 651.32  Sink gillnet requirements to reduce harbor porpoise takes.

* * * * *
    (b) * * *
    (4) Upon receiving the recommendation of the HPRT of any changes or 
additions to the ``reduction of take'' measures, the Council will 
provide the public with any necessary analysis and opportunity to 
comment on any recommended changes or additions.
    (5) After receiving public comment, the Council shall determine 
whether to recommend changes or additions to the ``reduction of take'' 
measures at a Council meeting following the meeting at which it 
received the HPRT's recommendations.
* * * * *
[FR Doc. 95-26758 Filed 10-25-95; 10:10 am]
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