[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Proposed Rules]
[Pages 13811-13812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7517]



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DEPARTMENT OF COMMERCE
50 CFR Parts 656 and 697

[Docket No. 950915230-6080-02; I.D. 022796D]
RIN 0648-AH57


Atlantic Striped Bass Fishery; Atlantic Coastal Fisheries 
Cooperative Management; Consolidation and Revision of Regulations

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes consolidation of regulations pertaining to the 
Atlantic striped bass and weakfish fisheries, which are now contained 
in two CFR parts, into a single part. The consolidated regulations 
would be revised to be more concise, better organized, and easier for 
the public to use. In addition, certain prohibitions and definitions 
currently in parts 656 and 697 would be removed and replaced by 
references to general sections of the regulations to achieve conformity 
and to eliminate unnecessary regulatory text. This action is part of 
the President's Regulatory Reinvention Initiative.

DATES: Comments must be received by April 29, 1996.

ADDRESSES: Comments should be sent to Tom Meyer, Office of Fisheries 
Conservation and Management, F/CM1, National Marine Fisheries Service, 
1335 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Tom Meyer, (301) 713-2337.

SUPPLEMENTARY INFORMATION:
    NMFS proposes to remove 50 CFR part 656 and revise 50 CFR part 697 
by consolidating into part 697 the regulations previously contained in 
parts 656 and 697. Duplicative regulatory text previously contained in 
parts 656 and 697 would be eliminated.
    In March 1995, President Clinton issued a directive to Federal 
agencies regarding their responsibilities under his Regulatory 
Reinvention Initiative. This initiative is part of the National 
Performance Review and calls for immediate, comprehensive regulatory 
reform. The President directed all agencies to undertake an exhaustive 
review of all their regulations, with an emphasis on eliminating or 
modifying those that are obsolete, duplicative, or otherwise in need of 
reform. This proposed rule is intended to carry out the President's 
directive with respect to the regulations implementing the Atlantic 
Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.) 
and the Atlantic Striped Bass Conservation Act Appropriations 
Authorization (16 U.S.C. 1851 note).
    The consolidation and revisions proposed in this rule are not meant 
to change the substance of the existing regulations. They are intended 
to make the regulations easier for the public to use and to reduce the 
volume and publication costs of the regulations.
    In addition, some of the prohibitions and definitions currently in 
parts 656 and 697 would be removed. Instead, the consolidated part 697 
would reference definitions and general prohibitions to be contained in 
50 CFR part 600 regulations; part 600 is also being proposed for 
consolidation and revision through another rulemaking. The reference to 
standard language, rather than the language now contained in parts 656 
and 697, could result in some changes in how the Atlantic striped bass 
and weakfish regulations are enforced. The intent of the proposed 
changes is to achieve consistency of language, enhance understanding of 
the regulation's requirements, and to eliminate unnecessary regulatory 
text.

Classification

    This proposed rule has been determined to be not significant for 
the purposes of E.O. 12866.

[[Page 13812]]

    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The proposed consolidation is not meant to change the 
substance of the existing regulations. Proposed revisions to 
definitions and prohibitions could result in minor changes in how the 
regulations are enforced, but are not expected to change fishing 
practices, costs, or revenues. As a result, a regulatory flexibility 
analysis was not prepared.

List of Subjects in 50 CFR Parts 656 and 697

    Fisheries, Fishing.

    Dated: March 21, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR chapter VI is 
proposed to be amended as follows:

PART 656--[REMOVED]

    1. Under the authority of 16 U.S.C. 1851 note, part 656 is removed.
    2. Part 697 is revised to read as follows:

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

Sec.
697.1  Purpose and scope.
697.2  Definitions.
697.3  Relation to the Magnuson Act.
697.4  Civil procedures.
697.5  Specifically authorized activities.
697.6  Prohibitions.
    Authority: 16 U.S.C. 1851 note, 5101 et seq.

Sec. 697.1  Purpose and scope.

    The regulations in this part implement section 804(b) of the 
Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. 5101 
et seq., and section 6 of the Atlantic Striped Bass Conservation Act 
Appropriations Authorization, 16 U.S.C. 1851 note, and govern fishing 
in the EEZ on the Atlantic Coast for species covered by those acts.


Sec. 697.2  Definitions.

    In addition to the definitions in Sec. 600.10 of this chapter, the 
terms in this part have the following meanings:
    Atlantic striped bass means members of stocks or populations of the 
species Morone saxatilis found in the waters of the Atlantic Ocean 
north of Key West, FL.
    Block Island Southeast Light means the aid to navigation light 
located at Southeast Point, Block Island, RI, and defined as follows: 
Located at 40 deg.09.2'N. lat., 71 deg.33.1'W. long; is 201 ft (61.3 m) 
above the water; and is shown from a brick octagonal tower 67 ft (20.4 
m) high attached to a dwelling on the southeast point of Block Island, 
RI.
    Continuous transit means that a vessel remains continuously 
underway while in the EEZ.
    Fish, when used as a verb, for the purposes of this part, means any 
activity that involves:
    (1) The catching, taking, or harvesting of fish;
    (2) The attempted catching, taking, or harvesting of fish;
    (3) Any other activity that can reasonably be expected to result in 
the catching, taking, or harvesting of fish; or
    (4) Any operations at sea in support or, or in preparation for, any 
activity described in paragraph (1), (2), or (3) of this definition.
    Land means to begin offloading fish, to offload fish, or to enter 
port with fish.
    Montauk Light means the aid to navigation light located at Montauk 
Point, NY, and defined as follows: Located at 41 deg.04.3'N. lat., 
71 deg.51.5'W. long.; is shown from an octagonal, pyramidal tower, 108 
ft (32.9 m) high; and has a covered way to a dwelling.
    Point Judith Light means the aid to navigation light located at 
Point Judith, RI, and defined as follows: Located at 41 deg.21.7'N. 
lat., 71 deg.28.9'W. long.; is 65 ft (19.8 m) above the water; and is 
shown from an octagonal tower 51 ft (15.5 m) high.
    Retain means to fail to return Atlantic striped bass or weakfish to 
the sea immediately after the hook has been removed or the fish has 
otherwise been released from the capture gear.
    Weakfish means members of the stock or population of the species 
Cynoscion regalis, found along the Atlantic coast from southern Florida 
to Massachusetts Bay.


Sec. 697.3  Relation to the Magnuson Act.

    The provisions of sections 307 through 311 of the Magnuson Act, as 
amended, regarding prohibited acts, civil penalties, criminal offenses, 
civil forfeitures, and enforcement apply with respect to the 
regulations in this part, as if the regulations in this part were 
issued under the Magnuson Act.




Sec. 697.4  Civil procedures.

    The civil procedure regulations at 15 CFR part 904 apply to civil 
penalties, permit sanctions, seizures, and forfeitures under the 
Atlantic Striped Bass Act and the Atlantic Coastal Act, and the 
regulations in this part.


Sec. 697.5  Specifically authorized activities.

    NMFS may authorize, for the acquisition of information and data, 
activities that are otherwise prohibited by the regulations in this 
part.


Sec. 697.6  Prohibitions.

    (a) Atlantic Coast weakfish fishery. In addition to the 
prohibitions set forth in Sec. 600.725, the following prohibitions 
apply. It is unlawful for any person to do any of the following:
    (1) Fish for weakfish in the EEZ.
    (2) Harvest any weakfish from the EEZ.
    (3) Possess any weakfish in or from the EEZ.
    (4) Fail to return to the water immediately, with the least 
possible injury, any weakfish taken within the EEZ.
    (b) Atlantic striped bass fishery. It is unlawful for any person to 
do any of the following:
    (1) Fish for Atlantic striped bass in the EEZ.
    (2) Harvest any Atlantic striped bass from the EEZ.
    (3) Possess any Atlantic striped bass in or from the EEZ, except 
for the following area: The EEZ within Block Island Sound, north of a 
line connecting Montauk Light, Montauk Point, NY, and Block Island 
Southeast Light, Block Island, RI; and west of a line connecting Point 
Judith Light, Point Judith, RI, and Block Island Southeast Light, Block 
Island, RI. Within this area, possession of Atlantic striped bass is 
permitted, provided no fishing takes place from the vessel while in the 
EEZ and the vessel is in continuous transit.
    (4) Fail to return to the water immediately, with the least 
possible injury, any Atlantic striped bass taken within the EEZ.
[FR Doc. 96-7517 Filed 3-27-96; 8:45 am]
BILLING CODE 3510-22-F