[Federal Register Volume 61, Number 183 (Thursday, September 19, 1996)]
[Rules and Regulations]
[Pages 49276-49277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23971]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 960216032-6246-07; I.D. 082096H]
RIN 0648-AH70


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Exception to Permit Requirements

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

ACTION: Final rule with request for comments.

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SUMMARY: NMFS issues this final rule to modify the regulations 
implementing the Northeast Multispecies Fishery Management Plan. This 
rule allows vessels fishing exclusively with pot gear, which are not 
otherwise allowed to possess multispecies finfish, to possess 
multispecies frames as bait, provided that a receipt for purchase of 
that specific bait is on board the vessel. The intended effect is to 
allow the current practice of using multispecies frames as bait in the 
pot gear fishery to continue.

DATES: This rule is effective September 13, 1996. Comments must be 
received on or before October 15, 1996.

ADDRESSES: Comments on the rule should be sent to Dr. Andrew A. 
Rosenberg, Regional Director, NMFS, Northeast Regional Office, 1 
Blackburn Drive, Gloucester, MA 01930, Attention: Susan A. Murphy.

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

SUPPLEMENTARY INFORMATION: Amendment 7 to the FMP, effective on July 1, 
1996 (61 FR 27710, May 31, 1996), implemented comprehensive

[[Page 49277]]

measures to rebuild the important multispecies stock complex. Among the 
measures implemented was a measure eliminating the open access 
possession limit permit category. Possession of such a permit allowed 
vessels to retain up to 500 lb (226.8 kg) of regulated multispecies per 
trip. Under this new measure, vessels fishing for, retaining, or 
possessing regulated multispecies must either possess a limited access 
multispecies permit and be fishing under a days-at-sea, or possess an 
open access permit endorsed for appropriate gear type (i.e., handline, 
rod and reel, or scallop dredge).
    An unintended consequence of this provision is its prohibition on 
the use of multispecies ``frames,'' also known as ``racks,'' as bait in 
the pot fishery. A multispecies frame or rack is the remains of a 
multispecies finfish after it has been filleted. Because many pot 
vessel fishers have traditionally utilized multispecies frames as bait 
in their fish traps, the elimination of the possession limit permit 
category prevents many vessels from continuing this practice. The New 
England Fishery Management Council (Council) did not immediately 
recognize the need for an exception to this provision and recently 
indicated that it was never its intent to prohibit pot fishers, that 
are not otherwise allowed to possess multispecies finfish, from 
possessing multispecies frames as bait. The Council stated that its 
main purpose in eliminating the possession limit permit category was to 
reduce fishing mortality by reducing the catch of regulated 
multispecies. The Council further stated that prohibiting the 
possession of multispecies frames does not contribute to this objective 
because multispecies frames are the remains of finfish that have 
already been caught, and that to prohibit their possession by pot 
fishers would reduce the economic value of the landings at a time when 
the fishing industry needs to capitalize on landings to the largest 
extent possible.
    Modifications to the regulations made by this rule are intended to 
allow pot fishers, who are not otherwise allowed to possess 
multispecies finfish, to possess multispecies frames for the purpose of 
using them as bait, provided that a receipt for purchase of that 
specific bait is on board the vessel.

Classification

    Because prohibiting the possession of multispecies frames for use 
as bait in pot gear does not contribute to the goal of reducing fishing 
mortality by reducing the catch of regulated multispecies and 
needlessly reduces the economic value of multispecies landings at a 
time when the fishing industry needs to capitalize on the value of such 
landings to the largest extent possible, the delay associated with 
providing prior notice and opportunity for comment would be contrary to 
the public interest. Accordingly, the Assistant Administrator for 
Fisheries, NOAA (AA), finds good cause to waive the requirement to 
provide prior notice and opportunity for public comment, pursuant to 
the authority set forth at 5 U.S.C. 553(b)(B). Because this rule 
relieves a restriction under 5 U.S.C. 553(d)(1), it may be made 
immediately effective. Comments on the final rule are invited and must 
be received on or before October 15, 1996, (see ADDRESSES). The 
Regional Director will review all comments received and, if the 
comments warrant, will take further rulemaking action.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 13, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is amended 
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 ``Multispecies frames'' is 
added in alphabetical order to read as follows:


Sec. 648.2  Definitions.

* * * * *
    Multispecies frames, also known as multispecies racks, means the 
remains of the multispecies finfish after it has been filleted or 
processed, not including the fillet.
* * * * *
    3. In Sec. 648.4, paragraph (a)(1) introductory text is revised to 
read as follows:


Sec. 648.4  Vessel permits.

    (a) * * *
    (1) NE multispecies vessels. Any vessel of the United States, 
including a charter or party boat, must have been issued and have on 
board a valid multispecies permit to fish for, possess or land 
multispecies finfish in or from the EEZ. Multispecies frames used as, 
or to be used as, bait on a vessel fishing exclusively with pot gear 
are deemed not to be multispecies finfish for purposes of this part 
provided that there is a receipt for the purchase of those frames on 
board the vessel.
* * * * *
    4. In Sec. 648.83, paragraph (b)(3) is added to read as follows:


Sec. 648.83  Minimum fish sizes.

* * * * *
    (b) * * *
    (3) Vessels fishing exclusively with pot gear may possess 
multispecies frames used, or to be used, as bait that measure less than 
the minimum fish size, if there is a receipt for purchase of those 
frames on board the vessel.
* * * * *
[FR Doc. 96-23971 Filed 9-13-96; 4:09 pm]
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