[Federal Register Volume 61, Number 197 (Wednesday, October 9, 1996)]
[Proposed Rules]
[Pages 52903-52905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25823]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 648 and 649

[Docket No. 960926275-6275-01; I.D. 091196A]
RIN 0648-AI83


Fisheries of the Northeastern United States; Amendments to the 
Northeast Multispecies, Atlantic Sea Scallop, and American Lobster 
Fishery Management Plans

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 regulations to implement Amendment 8 to the 
Northeast Multispecies, Amendment 6 to the Atlantic Sea Scallop, and 
Amendment 6 to the American Lobster Fishery Management Plans (FMPs) to 
provide a framework abbreviated rulemaking process to address gear 
conflicts in the New England and Mid-Atlantic regions. These amendments 
propose to: Add an objective to the Atlantic Sea Scallop and Northeast 
Multispecies FMPs to allow management of gear conflicts in these 
fisheries (the American Lobster FMP currently has an objective 
sufficiently broad in scope to allow management of gear conflicts), 
adapt the framework process currently in place for the Northeast 
multispecies and Atlantic sea scallop conservation management programs 
to allow implementation of a gear conflict management program for all 
three FMPs, and add a list of management measures to each FMP from 
which the Council could select future solutions to gear conflicts 
through the framework adjustment process. The intent of this action is 
to provide mechanisms to reduce the economic loss caused by gear 
conflicts.

DATES: Comments on the proposed rule must be received on or before 
November 18, 1996.

ADDRESSES: Comments on the proposed rule, the amendments, and/or their 
supporting documents should be sent to Dr. Andrew A. Rosenberg, 
Director, Northeast Region, NMFS, Northeast Regional Office, 1 
Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on Gear Conflict Amendments.''
    Copies of the amendments, their regulatory impact review and the 
environmental assessment are available from Christopher Kellogg, Acting 
Executive Director, New England Fishery Management Council, Suntaug 
Office Park, 5 Broadway, Saugus, MA 01906-1097.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
508-281-9273.

SUPPLEMENTARY INFORMATION: The amendments were prepared by the New 
England Fishery Management Council (Council) in consultation with the 
Mid-Atlantic Fishery Management Council. On June 6, 1996, the Council 
voted to approve the amendments for submission to the Secretary of 
Commerce. This action would amend all of the FMPs currently in effect 
within the jurisdiction of the Council.

Background

    Recent increases in gear conflicts have been attributed to the 
decline in traditional fisheries, new regulations, and changes in 
markets that created new incentives to pursue alternative fisheries. 
These factors, as well as the dissolution of a voluntary agreement 
between industry sectors, have precipitated the need for gear conflict 
frameworks.
    A framework action could be used to address gear conflicts 
occurring only in Federal waters. NMFS assumes that the Council intends 
us to use the proposed gear conflict framework procedure to address 
true gear conflicts and not as a procedure for addressing essentially 
allocation issues between users. NMFS solicits comments concerning its 
interpretation of the Council's intent.
    For the purpose of these proposed amendments, the definition of 
gear conflict (at 50 CFR 600.10) is any incident at sea involving one 
or more fishing vessels: (1) In which one fishing vessel or its gear 
comes into contact with another vessel or the gear of another vessel, 
and (2) that results in the loss of, or damage to, a fishing vessel, 
fishing gear, or catch.
    The amendments would establish a framework process that could be 
used to devise specific programs tailored to specific gear conflict 
situations. This process would be similar to the framework process 
currently in place for management measures designed to meet 
conservation objectives. At least two publicly announced meetings would 
be required to be held to discuss and receive comment on any proposal 
before submission of any framework measures to the Director, Northeast 
Region, NMFS, for submission as a final rule. In addition, the Council 
would be required to provide the public with appropriate justification 
and the economic and biological analysis of the measures. Since any 
proposed measure would affect fisheries under at least two FMPs, the 
measures would be required to be evaluated and approved by the relevant 
committees with oversight authority for the affected FMPs. If there is 
disagreement between committees, the Council would return the proposed 
framework measures to the standing or ad hoc gear conflict committee 
for further review and discussion. The management measures submitted by 
the Council could be published as final rules under certain conditions 
and would take immediate effect, within the constraints of applicable 
law.
    The measures that could be implemented by framework action to 
manage gear conflicts would be: (1) Designation of restricted areas in 
increments no larger than 1-degree squared (2700 mi\2\ (5000.4 km\2\)), 
(2) monitoring of a radio channel by fishers, (3) fixed gear location 
reporting and plotting requirements, (4) standards of operation when 
gear conflicts occur, (5) fixed gear marking and setting practices, (6) 
gear restrictions for specific areas (including time and area 
closures), (7) vessel monitoring systems, (8) restrictions on the 
number of fishing vessels or amount of gear, and (9) special permit 
conditions.
    Approval of these amendments would establish a process and provide 
a list of measures as potential options that could be used to resolve 
gear conflicts. These proposed amendments would not implement any of 
the measures listed above, but would establish a process requiring 
opportunities for the public to participate in the adoption and 
implementation of the measures listed.

[[Page 52904]]

To implement one or more of the measures listed, an individual 
framework action, as described above, would require documentation and 
analyses sufficient to determine compliance and consistency with all 
applicable laws.

Classification

    Section 304(a)(1)(D) of the Magnuson Fishery Conservation and 
Management Act (Magnuson Act) requires that regulations proposed by a 
Council be published within 15 days of the receipt of the amendment and 
regulations. At this time, NMFS has not determined that the amendments 
this rule would implement are consistent with the national standards, 
other provisions of the Magnuson Act and other applicable law. NMFS, in 
making that determination, will take into account the information, 
views, and comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    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 as follows:

    The proposed action, by itself, will have no impact on overall 
revenues. A primary purpose of the framework process and the actions 
taken under the process is to reduce costs associated with fishing. 
The impact of any measures to be taken under this proposed framework 
process would be analyzed at the time such frameworks are proposed. 
There may be some increases in production costs, e.g. supply costs 
to properly mark gear, but these would be offset by the anticipated 
reduction in gear loss. The proposed action is unlikely to 
materially reduce annual revenues or increase production and 
compliance costs. Therefore, the economic impacts on small business 
are not considered to be significant.

List of Subjects

50 CFR Part 649

    Fisheries.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: October 3, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR parts 648 and 649 
are proposed to be 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. 648.55, paragraphs (d) through (f) are redesignated as 
paragraphs (f) through (h), respectively, new paragraphs (d) and (e) 
are added, and the section heading and newly redesignated paragraph 
(f)(3) are revised to read as follows:


Sec. 648.55  Framework specifications.

* * * * *
    (d) The Council may make recommendations to the Regional Director 
to implement measures in accordance with the procedures described in 
this subpart to address gear conflict as defined under Sec. 600.10. In 
developing such recommendation, the Council shall define gear 
management areas, each not to exceed 2700 mi\2\ (5000.4 km\2\), and 
seek industry comments by referring the matter to its standing industry 
advisory committee on gear conflict, or to any ad hoc industry advisory 
committee that may be formed. The standing industry advisory committee 
or ad hoc committee on gear conflict shall hold public meetings seeking 
comments from affected fishers and develop findings and recommendations 
on addressing the gear conflict. After receiving the industry advisory 
committee findings and recommendations, or at any other time, the 
Council shall determine whether adjustments to, or additional 
management measures are necessary to address, gear conflicts and in 
which FMPs modifications are necessary to address such conflicts. If 
the Council determines that adjustments or additional measures are 
necessary, it shall develop and analyze appropriate management actions 
for the relevant FMPs over the span of at least two Council meetings. 
The Council shall provide the public with advance notice of the 
availability of the recommendation and the appropriate justification 
and economic and biological analyses, and opportunity to comment on 
them prior to and at the second or final Council meeting before 
submission to the Regional Director. The Council's recommendation on 
adjustments or additions to management measures for gear conflicts must 
come from one or more of the following categories:
    (1) Monitoring of a radio channel by fishing vessels.
    (2) Fixed gear location reporting and plotting requirements.
    (3) Standards of operation when gear conflict occurs.
    (4) Fixed gear marking and setting practices.
    (5) Gear restrictions for specific areas (including time and area 
closures).
    (6) Vessel monitoring systems.
    (7) Restrictions on the maximum number of fishing vessels or amount 
of gear.
    (8) Special permitting conditions.
    (e) The measures shall be evaluated and approved by the relevant 
committees with oversight authority for the affected FMPs. If there is 
disagreement between committees, the Council may return the proposed 
framework adjustment to the standing or ad hoc gear conflict committee 
for further review and discussion.
    (f) * * *
    (3) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts.
* * * * *
    3. In Sec. 648.90, the introductory text to paragraph (b), and 
paragraph (b)(1) are revised, paragraphs (b)(2) and (b)(3) are 
redesignated as paragraphs (b)(3) and (b)(4), respectively, a new 
paragraph (b)(2) is added and newly redesignated paragraph (b)(3)(iii) 
is revised to read as follows:


Sec. 648.90  Framework specifications.

* * * * *
    (b) Within season management action. The Council may, at any time, 
initiate action to add or adjust management measures if it finds that 
action is necessary to meet or be consistent with the goals and 
objectives of the Northeast Multispecies FMP or to address gear 
conflicts as defined under Sec. 600.10.
    (1) Adjustment process. After a management action has been 
initiated, the Council shall develop and analyze appropriate management 
actions over the span of at least two Council meetings. The Council 
shall provide the public with advance notice of the availability of 
both the proposals and the analysis and opportunity to comment on them 
prior to and at the second Council meeting. The Council's 
recommendation on adjustments or additions to management measures, 
other than to address gear conflicts, must come from one or more of the 
following categories: DAS changes, effort monitoring, data reporting, 
possession limits, gear restrictions, closed areas, permitting 
restrictions, crew limits, minimum fish sizes, onboard observers, 
minimum hook size and hook style, the use of crucifiers in the hook-
gear fishery, fleet sector shares, recreational fishing measures, area

[[Page 52905]]

closures and other appropriate measures to mitigate marine mammal 
entanglements and interactions, and any other management measures 
currently included in the FMP.
    (2) Adjustment process for gear conflicts. The Council may develop 
a recommendation on measures to address gear conflict in accordance 
with the procedure specified in Sec. 648.55, paragraphs (d) and (e).
    (3) * * *
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts.
* * * * *

PART 649--AMERICAN LOBSTER FISHERY

    1. The authority citation for part 649 continues to read as 
follows:

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

    2. In Sec. 649.44, the section heading is revised, paragraphs (e) 
through (g) are redesignated as paragraphs (f) through (h), 
respectively, new paragraph (e) is added, and newly redesignated 
paragraph (f)(3) is revised to read as follows:


Sec. 649.44  Framework specifications.

* * * * *
    (e) The Council may develop a recommendation on measures to address 
gear conflicts as defined under 50 CFR 600.10 in accordance with the 
procedure specified in Sec. 648.55, paragraphs (d) and (e).
    (f) * * *
    (3) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts; and
* * * * *
[FR Doc. 96-25823 Filed 10-3-96; 4:51 pm]
BILLING CODE 3510-22-W