[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Rules and Regulations]
[Pages 39909-39910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19465]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 960216032-6197-06; I.D. 052196A]
RIN 0648-AH70


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Amendment 7; Open Access Nonregulated 
Multispecies Permit

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement a measure that was 
disapproved in the preliminary evaluation of Amendment 7 to the 
Northeast Multispecies Fishery Management Plan (FMP) and has been 
revised and resubmitted by the New England Fishery Management Council 
(Council). This revision recreates and renames the possession limit 
permit under Amendment 5 to the FMP and allows certain fisheries to 
continue under this permit category that would otherwise be prohibited 
by Amendment 7. The intended effect of this action is to continue to 
allow fishing for nonregulated multispecies (silver hake, red hake and 
ocean pout) by vessels that do not qualify for a limited access 
multispecies permit.

EFFECTIVE DATE: July 31, 1996.

ADDRESSES: Copies of Amendment 7, its regulatory impact review (RIR) 
and the initial regulatory flexibility analysis contained within the 
RIR, the Final Supplemental Environmental Impact Statement, and copies 
of the resubmitted measure and its supporting documents, are available 
from Douglas Marshall, Executive Director, New England Fishery 
Management Council, Suntaug Office Park, 5 Broadway (US Rte. 1), 
Saugus, MA 01906-1097.

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery 
Management Specialist, 508-281-9288.

SUPPLEMENTARY INFORMATION: The Council submitted Amendment 7 to the FMP 
on February 5, 1996. After a preliminary evaluation, three measures in 
the amendment were disapproved on February 14, 1996, including the 
establishment of a limited access category for qualified vessels that 
fished in the open access possession limit category under Amendment 5. 
The remainder of Amendment 7, including the other two previously 
disapproved measures, were resubmitted to NMFS and implemented, 
pursuant to the Magnuson Fishery Conservation and Management Act 
(Magnuson Act), by a final rule published on May 31, 1996 (61 FR 
27710).
    Pursuant to section 304(b)(3)(A) of the Magnuson Act, the Council 
resubmitted the measure that would implement a possession limit permit 
category by revising it to allow any vessel of the United States to 
obtain the permit and fish for and possess nonregulated multispecies, 
defined to be silver hake, red hake, and ocean pout.
    Details of the resubmission are described in the proposed rule, 
published on June 13, 1996 (61 FR 30029), and will not be repeated 
here.
    This final rule implements an open access permit category that is 
now named the ``open access nonregulated multispecies permit.'' The new 
permit category allows fishing for nonregulated multispecies by vessels 
that do not qualify for a limited access multispecies permit and 
eliminates any inequity or administrative burden associated with the 
need to qualify for a limited access permit.

Comments and Responses

    Written comments were submitted by two individuals. While both 
individuals opposed the elimination of the Amendment 5 possession limit 
permit category and/or the 500-lb (226.8-kg) allowance of regulated 
species associated with this permit, they did support the 
implementation of a nonregulated multispecies permit category.
    Comment: Two individuals supported the implementation of a 
nonregulated multispecies permit that would allow them to fish for, 
possess, and land nonregulated multispecies on their vessels. One 
individual requested immediate implementation of this rule, or an 
extension of the possession limit permit, to prevent fish from being 
discarded. Both individuals opposed elimination of the 500-lb (226.8-
kg) possession limit allowance of regulated species.
    Response: This rule implements the nonregulated multispecies permit 
that will allow these types of fishing operations to continue. In order 
to implement this rule, NMFS must follow regulated rulemaking 
procedures, including prior notice and an opportunity for public 
comment. For this reason, the implementation of this resubmitted 
measure could not have been implemented with the remainder of Amendment 
7. Further, the possession limit permit could not have been extended 
because of its explicit elimination under Amendment 7. However, to 
relieve a restriction, the required 30-day delayed effectiveness period 
has been waived and the new permit category is effective with today's 
publication in the Federal Register.
    The 500-lb (226.8-kg) regulated species possession allowance was 
eliminated by the rule implementing Amendment 7. The control date for 
entry into the multispecies fishery was February 21, 1991, at which 
time the public was put on notice that future entry into the fishery 
could be limited and that those investing in the fishery

[[Page 39910]]

after that date were doing so at risk. The condition of the stock 
complex has continued to decline since that time and more restrictive 
measures have been implemented in Amendments 5 and 6 to the FMP. 
Amendment 7 eliminated the possession allowance in part because of its 
open-access nature. While Amendment 7 imposed significant restrictions 
on the directed multispecies fleet through days-at-sea reductions, 
allowing a potentially unlimited number of vessels to land 500 lb 
(226.8 kg) of regulated species per trip would be inconsistent with the 
goals of the FMP.

Changes in the Final Rule from the Proposed Rule

    The proposed rule would have amended the Amendment 7 final rule 
published on May 31, 1996 (61 FR 27710). The provisions of the 
Amendment 7 final rule have since been incorporated into consolidated 
regulations for Fisheries of the Northeastern United States (50 CFR 
part 648) published on July 3, 1996 (61 FR 34966). A prohibition 
necessary to implement the management measures contained in this rule 
inadvertently omitted from the proposed rule is added. The following 
citations that had been in 50 CFR part 651 of the proposed rule are now 
in 50 CFR part 648:
    Sec. 651.2 Definitions is now Sec. 648.2.
    Sec. 651.4 Vessel permits is now Sec. 648.4. Paragraph (c) in the 
proposed rule under Sec. 651.4 is now paragraph (a)(1)(ii) under 
Sec. 648.4.
    Sec. 651.33 Open access permit restrictions is now Sec. 648.88.

Classification

    The Northeast Regional Director determined that the FMP final rule 
is necessary for the conservation and management of the Northeast 
multispecies fishery and that it is consistent with the Magnuson Act 
and other applicable laws.
    This action has been determined to be not significant for purposes 
of E.O. 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
under 5 U.S.C. 553(d)(1), because immediate implementation of this rule 
relieves a restriction on fishing, there is no need to delay for 30 
days the effectiveness of this regulation.
    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 rule would not have a 
significant economic impact on a substantial number of small entities. 
The reasons were discussed in the proposed rule published in the 
Federal Register on June 13, 1996 (61 FR 30029). As a result, a 
regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 25, 1996.
Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 648 is amended 
to read as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

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

    2. In Sec. 648.2, the definition for ``nonregulated multispecies'' 
is added in alphabetical order to read as follows:


Sec. 648.2  Definitions.

* * * * *
    Nonregulated multispecies means the subset of Northeast 
multispecies that includes silver hake, red hake and ocean pout.
* * * * *
    3. In Sec. 648.4, paragraph (a)(1)(ii) is revised to read as 
follows:


Sec. 648.4  Vessel permits.

* * * * *
    (a) * * *
    (1) * * *
    (ii) Open access permits. A vessel of the United States that has 
not been issued a limited access multispecies permit is eligible for 
and may be issued an open access multispecies handgear, charter/party 
or nonregulated multispecies permit and may fish for, possess and land 
multispecies finfish subject to the restrictions in Sec. 648.88. A 
vessel that has been issued a valid limited access scallop permit, but 
that has not been issued a limited access multispecies permit, is 
eligible for and may be issued an open access scallop multispecies 
possession limit permit and may fish for, possess and land multispecies 
finfish subject to the restrictions in Sec. 648.88. The owner of a 
vessel issued an open access permit may request a different open access 
permit category by submitting an application to the Regional Director 
at any time.
* * * * *
    4. In Sec. 648.14, paragraph (t) is redesignated as paragraph (u) 
and a new paragraph (t) is added to read as follows:


Sec. 648.14  Prohibitions.

* * * * *
    (t) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) through (h) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a nonregulated multispecies permit to possess or land any 
regulated species as defined in Sec. 648.2, or violate any applicable 
provisions of Sec. 648.88.
* * * * *
    5. In Sec. 648.88, paragraph (d) is added to read as follows:


Sec. 648.88  Open access permit restrictions.

* * * * *
    (d) A vessel issued a valid open access nonregulated multispecies 
permit may possess and land nonregulated multispecies. The vessel is 
subject to restrictions on gear, area, and time of fishing specified in 
Sec. 648.80 and any other applicable provisions of this part.
[FR Doc. 96-19465 Filed 7-30-96; 8:45 am]
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