[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 3510-22-W