[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35142-35143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17061]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 062896B]


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Exempted Fisheries

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

ACTION: Additions and modifications to fishery exemptions.

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SUMMARY: NMFS issues this notification to authorize new fishery 
exemptions and to modify an existing exemption under the regulations 
implementing the Northeast Multispecies Fishery Management Plan (FMP). 
This notification advises the public of three additional exempted 
fisheries to be conducted in the Gulf of Maine/Georges Bank (GOM/GB) 
and Southern New England (SNE) regulated mesh areas, adds restrictions 
to an existing exempted fishery, and adds two species to the list of 
allowed bycatch species in the Cultivator Shoal whiting exemption 
program. The intent of this notification is to maximize fishing 
opportunities in a manner that is consistent with the conservation 
objectives of the FMP.

EFFECTIVE DATE: The GOM/GB monkfish exempted fishery is effective from 
July 1, 1996, through September 14, 1996. The GOM/GB dogfish exempted 
fishery is effective from July 1, 1996, through August 31, 1996. The 
SNE monkfish exempted fishery is effective from July 1, 1996, through 
October 31, 1996. The SNE dogfish exempted fishery modifications are 
effective from July 29, 1996 through October 31, 1996. The Cultivator 
Shoals whiting exemption program bycatch modification is effective from 
July 1, 1996, through December 31, 1996.

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

SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 7 to the 
FMP are effective on July 1, 1996 (61 FR 27710, May 31, 1996). These 
regulations implement a comprehensive set of measures to control 
fishing mortality and rebuild the primary stocks of regulated 
multispecies. Among the specific measures is a bycatch control measure 
that prohibits prosecution of any fishery that has not been determined 
to have a minimal bycatch of regulated multispecies.
    The bycatch control restriction is applied on a fishery basis in 
each of two specific geographical areas, referred to as regulated mesh 
areas: GOM/GB and SNE. A vessel may not fish in these areas unless it 
is fishing lawfully in the multispecies fishery, under a scallop days-
at-sea allocation, with exempted gear, or in an exempted fishery. A 
list of the exempted fisheries that have been previously determined to 
meet the bycatch criteria and that may currently be conducted in each 
area appears in Sec. 648.80.
    Additions or deletions to the list of exempted fisheries may be 
authorized by the Director, Northeast Region, NMFS (Regional Director), 
if he/she determines that the bycatch of regulated species is, or can 
be reduced to, less than 5 percent by weight of the total catch and 
that such exemption will not jeopardize fishing mortality objectives 
(Sec. 648.80(a)(7), (c)(5), and (d)(4)). The Regional Director is also 
authorized to impose specific gear and area limitations to exempted 
fisheries. Proposals for exemptions were submitted by members of the 
fishing industry and have been examined by the NMFS Northeast Fisheries 
Science Center. The proposals were to allow a sink gillnet fishery for 
monkfish and dogfish and to allow squid (two species) to be retained as 
bycatch in the Cultivator Shoals whiting fishery within the GOM/GB 
area. Based on the data available, the Regional Director has determined 
that these fisheries meet the exemption criteria in specific areas 
during limited open seasons and under certain minimum mesh-size 
restrictions.

GOM/GB Monkfish Exempted Fishery

    For the period July 1, 1996, through September 14, 1996, an 
exempted fishery for monkfish may be conducted by vessels using sink 
gillnet gear within a specific portion of the GOM/GB regulated mesh 
area. This is defined by connecting the following coordinates:


Latitude                             Longitude                          
                                                                        
41 deg.35' N.                        70 deg.00' W.                      
42 deg.49.5' N.                      70 deg.00' W.                      

[[Page 35143]]

                                                                        
42 deg.49.5' N.                      69 deg.40' W.                      
43 deg.12' N.                        69 deg.00' W.                      
Maine shoreline                      69 deg.00' W.                      
                                                                        



    Vessels fishing under this exemption are restricted to a minimum 
mesh size of 10 inches (25.4 cm)(diamond). No species other than 
monkfish, or lobsters in an amount not to exceed 10 percent by weight 
of the total catch on board or 200 lobsters (whichever is less), may be 
retained when fishing in this exempted fishery.

GOM/GB Dogfish Exempted Fishery

    For the period July 1, 1996, through August 31, 1996, an exempted 
fishery for dogfish may also be conducted in the area defined above by 
vessels using sink gillnet gear with a minimum mesh size of 6.5 inches 
(16.5 cm)(diamond). No species other than dogfish, or lobsters in an 
amount not to exceed 10 percent by weight of the total catch on board 
or 200 lobsters (whichever is less), may be retained when fishing in 
this exemption program.

SNE Monkfish Exempted Fishery

    For the period July 1, 1996, through October 31, 1996, an exempted 
fishery for monkfish may be conducted by vessels using sink gillnet 
gear within a specific portion of the SNE regulated mesh area. This is 
defined by a line running south from the Massachusetts shoreline at 
41 deg.35' N. lat. and 70 deg.00' W. long. and bounded on the west by 
the Mid-Atlantic regulated mesh area. Vessels fishing under this 
exemption are restricted to a minimum mesh size of 12 inches (25.4 
cm)(diamond). No species other than monkfish may be retained when 
fishing in this exempted fishery.

SNE Dogfish Exempted Fishery Modification

    Analysis of the available data also revealed that an existing 
fishery exemption, allowing sink gillnets in the dogfish fishery to be 
used year-round in the SNE regulated mesh area, should be restricted by 
a season and a minimum mesh-size requirement to remain consistent with 
the bycatch control objective. NMFS observer data documents that 
several trips exceeded the bycatch limit during the months of November 
through April. Therefore, the Regional Director has determined that, 
during the months of November through April, this fishery should no 
longer be exempted; NMFS intends to address this through future 
rulemaking. To provide additional assurance against bycatch of 
regulated multispecies during the time period the fishery is exempted, 
effective from July 29, 1996 through October 31, 1996, a minimum mesh 
size of 6 inches (15.24 cm)(diamond) must be used. Further, from July 
1, 1996, through October 31, 1996, this fishery is restricted to the 
area described above for the SNE monkfish exempted fishery (i.e., the 
area defined by a line running south from the Massachusetts shoreline 
at 41 deg.35' N. lat. and 70 deg.00' W. long. and bounded on the west 
by the Mid-Atlantic regulated mesh area). The allowed bycatch species 
for this exemption are not changed.

Cultivator Shoals Whiting Exemption Program Bycatch

    For the period July 1, 1996, through December 31, 1996, the bycatch 
of squid is to be allowed under the existing time, area, and mesh-size 
restrictions of the Cultivator Shoals whiting fishery exemption.
    The Regional Director has informed the New England Fishery 
Management Council of the proposals to allow the sink gillnet fisheries 
for monkfish and dogfish in the GOM/GB area and to add squid to the 
list of allowable bycatch in the Cultivator Shoals whiting fishery 
during 1996. No objection was raised. The Regional Director has 
determined that the GOM/GB sink gillnet fisheries, as described above, 
and the previously exempted SNE sink gillnet fishery for dogfish, as 
temporarily modified by this action, meet the exemption qualification 
requirements specified in Sec. 648.80(a)(7).
    Fish that are caught, possessed, or landed in accordance with 
provisions of this action will be deemed by NMFS to be in accordance 
with 50 CFR 648.80.

Classification

    This action is taken under 50 CFR 648.80 and is exempt from review 
under E.O. 12866.

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

    Dated: June 28, 1996.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 96-17061 Filed 6-28-96; 4:20 pm]
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