[Federal Register Volume 62, Number 54 (Thursday, March 20, 1997)]
[Rules and Regulations]
[Pages 13298-13301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6956]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 628 and 648

[Docket No. 970303042-7042-01; I.D. 021097C]
RIN 0648-AJ78


Fisheries of the Northeastern United States; Consolidation of the 
Fishery Management Plan for the Atlantic Bluefish Fishery

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

ACTION: Final rule.

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SUMMARY: This final rule adds regulations implementing the Fishery 
Management Plan (FMP) for the Atlantic Bluefish Fishery to the 
consolidated Northeast fisheries regulations at 50 CFR part 648. It 
also amends references to Paperwork Reduction Act (PRA) collection-of-
information requirements to reflect the addition. The purpose of this 
final rule is to make the regulations more concise, better organized, 
and thereby easier for the public to use. This action is part of the 
President's Regulatory Reinvention Initiative.

EFFECTIVE DATE: March 20, 1997.

ADDRESSES: Comments regarding burden-hour estimates for collection-of-
information requirements contained in this rule should be sent to 
Andrew A. Rosenberg, Ph.D., Regional Administrator, 1 Blackburn Drive, 
Gloucester, MA 01930 and the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Washington, D.C. 20503 
(Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Myles Raizin, 508-281-9104.

SUPPLEMENTARY INFORMATION:

Background

    In March 1995, President Clinton issued a directive to Federal 
agencies regarding their responsibilities under his Regulatory 
Reinvention Initiative. This initiative is part of the National 
Performance Review and calls for comprehensive regulatory reform. The 
President directed all agencies to undertake a review of their 
regulations, with an emphasis on eliminating or modifying those that 
are obsolete, duplicative, or otherwise in need of reform. In response 
to this directive, on July 3, 1996 (61 FR 34966), a final rule was 
published that consolidated six CFR parts setting forth Northeast 
Region fishery regulations into one CFR part (50 CFR part 648). The 
Atlantic Bluefish FMP was not included in this consolidation because 
NMFS had published a request for comments on a proposal to withdraw 
approval of this FMP and its implementing regulations (61 FR 13810, 
March 28, 1996). Comments received on this proposal convinced NMFS not 
to withdraw this FMP. Consequently, this final rule is intended to 
carry out further the President's directive by adding the regulations 
implementing the Atlantic Bluefish FMP to the consolidation and 
eliminating 50 CFR part 628. Portions of the bluefish regulations that 
contain identical or nearly identical provisions to those in part 648 
have been combined

[[Page 13299]]

and restructured. Paragraph headings have been added for ease in 
identifying measures, and regulatory language has been revised to make 
needed technical changes and corrections and to improve clarity and 
consistency.
    Section 3507(c)(B)(i) of the PRA requires agencies to inventory and 
to display a current control number assigned by the Director, OMB, for 
each agency information collection. Section 902.1(b) of 15 CFR 
identifies the location of NOAA regulations for which OMB approval 
numbers have been issued. This final rule revises Sec. 902.1(b) by 
removing the reference to Sec. 628.4. OMB approval numbers for Atlantic 
bluefish are incorporated in Sec. 648.4.

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    Because this rule makes only nonsubstantive and technical changes 
to existing regulations, no useful purpose would be served by providing 
advance notice and opportunity for public comment. Accordingly, the 
Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 553(b)(B), 
for good cause finds that providing notice and opportunity for public 
comments is unnecessary. Because the technical changes made by this 
rule are nonsubstantive, they are not subject to a 30-day delay in 
effective date under 5 U.S.C. 553(d).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection-of-information subject to the requirements 
of the PRA, unless that collection of information displays a currently 
valid OMB Control Number.
    The collection-of-information requirement for the Atlantic Bluefish 
Permit has been approved under OMB control number 0648-202 (Northeast 
Permit Family of Forms). The permit application is estimated to take 5 
minutes per response. The estimated response time includes the time 
needed for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding: Whether this 
collection of information is necessary for the proper performance of 
NMFS' functions, including whether the information has practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection of information, to NMFS 
and OMB (see ADDRESSES).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 628

    Fisheries, Fishing.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 13, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
    For the reasons set out in the preamble, 15 CFR Chapter IX and 50 
CFR Chapter VI are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b), the table is amended by removing 
in the left column under 50 CFR, the entry ``628.4'', and in the right 
column, in the corresponding position, the control number ``-0202''.

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

    4. In Sec. 648.1, paragraph (a) is revised to read as follows:


Sec. 648.1  Purpose and scope.

    (a) This part implements the fishery management plans (FMP) for the 
Atlantic mackerel, squid, and butterfish fisheries (Atlantic Mackerel, 
Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the 
Atlantic sea scallop fishery (Atlantic Sea Scallop FMP (Scallop FMP)); 
the Atlantic surf clam and ocean quahog fisheries (Atlantic Surf Clam 
and Ocean Quahog FMP); the Northeast multispecies fishery (NE 
Multispecies FMP); the summer flounder, scup, and black sea bass 
fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); and the 
Atlantic bluefish fishery (Atlantic Bluefish FMP). These FMPs and the 
regulations in this part govern the conservation and management of the 
above named fisheries of the Northeastern United States.
* * * * *
    5. In Sec. 648.2, definitions for ``Bluefish Committee'', ``Person 
who receives bluefish for commercial purposes'', ``Regulated Fishery'', 
and ``Runaround gillnet or encircling net'' are added, in alphabetical 
order, and the definitions for ``Council'' and ``Pair trawl or pair 
trawling'' are revised to read as follows:


Sec. 648.2  Definitions.

* * * * *
    Bluefish Committee means the Bluefish FMP Review and Monitoring 
Committee of the MAFMC.
* * * * *
    Council means the New England Fishery Management Council (NEFMC) 
for the Atlantic sea scallop and the NE multispecies fisheries, or the 
Mid-Atlantic Fishery Management Council (MAFMC) for the Atlantic 
mackerel, squid, and butterfish; the Atlantic surf clam and ocean 
quahog; the summer flounder, scup, and black sea bass fisheries; and 
the Atlantic bluefish fishery.
* * * * *
    Pair trawl or pair trawling means to tow a single net between two 
vessels.
* * * * *
    Person who receives bluefish for commercial purposes means any 
person (excluding representatives of governmental agencies) engaged in 
the sale, barter, or trade of bluefish received from a fisherman, or 
one who transports bluefish from a fisherman.
* * * * *
    Regulated fishery means any fishery of the United States which is 
regulated under the Magnuson-Stevens Act.
* * * * *
    Runaround gillnet or encircling gillnet means a rectangular net 
placed upright in the water column in a circular fashion with an 
opening equal to or less than 1/4 the length of the net or with an 
opening greater than 1/4 the length of the net, if the opening is 
obstructed in any fashion.
* * * * *
    6. In Sec. 648.4, the heading, paragraph (a) introductory text, the 
first sentence in paragraph (b), paragraph (c) introductory text, 
(c)(1), (c)(2) introductory text, (c)(2)(i), (f), (j), (k), and (l) are 
revised and paragraphs (a)(8) and (c)(3) are added to read as follows:


Sec. 648.4  Vessel and individual commercial permits.

    (a) Fishery specific permit information. * * *
    (8) Atlantic bluefish individual permits. Any person selling 
bluefish

[[Page 13300]]

harvested in the EEZ must have either a valid permit issued under this 
part or a valid State of landing permit to sell bluefish.
    (b) Permit conditions. Any person who applies for a fishing permit 
under this section must agree as a condition of the permit that the 
vessel and the vessel's fishing activity, catch, and pertinent gear 
(without regard to whether such fishing occurs in the EEZ or landward 
of the EEZ, and without regard to where such fish or gear are 
possessed, taken, or landed), are subject to all requirements of this 
part, unless exempted from such requirements under this part. * * *
    (c) Permit applications--(1) General. Applicants for a permit under 
this section must submit a completed application on an appropriate form 
obtained from the Regional Administrator. The application must be 
signed and submitted to the Regional Administrator at least 30 days 
before the date on which the applicant desires to have the permit made 
effective. The Regional Administrator will notify the applicant of any 
deficiency in the application pursuant to this section. Vessel owners 
who are eligible to apply for limited access or moratorium permits 
under this part shall provide information with the application 
sufficient for the Regional Administrator to determine whether the 
vessel meets the applicable eligibility requirements specified in this 
section.
    (2) Vessel permit information requirements. (i) With the exception 
of Atlantic bluefish permits, the requirements for which are described 
in paragraph (c)(3) of this section, an application for a permit issued 
under this section, in addition to the information specified in 
paragraph (c)(1) of this section, also must contain at least the 
following information, and any other information required by the 
Regional Administrator: Vessel name, owner name or name of the owner's 
authorized representative, mailing address, and telephone number; USCG 
documentation number and a copy of the vessel's current USCG 
documentation or, for a vessel not required to be documented under 
title 46 U.S.C., the vessel's state registration number and a copy of 
the current state registration; a copy of the vessel's current party/
charter boat license (if applicable), home port and principal port of 
landing, length overall, GRT, NT, engine horsepower, year the vessel 
was built, type of construction, type of propulsion, approximate fish 
hold capacity, type of fishing gear used by the vessel, number of crew, 
number of party or charter passengers licensed to be carried (if 
applicable), permit category, if the owner is a corporation, a copy of 
the current Certificate of Incorporation or other corporate papers 
showing the date of incorporation and the names of the current officers 
of the corporation, and the names and addresses of all shareholders 
owning 25 percent or more of the corporation's shares; if the owner is 
a partnership, a copy of the current Partnership Agreement and the 
names and addresses of all partners; if there is more than one owner, 
the names of all owners having a 25-percent interest or more; and 
permit number of any current or, if expired, previous Federal fishery 
permit issued to the vessel.
    * * *
    (3) Atlantic bluefish individual commercial permit information 
requirements. In addition to the information specified in paragraph 
(c)(1) of this section, an application for an Atlantic bluefish 
individual commercial permit also must contain at least the following 
information, and any other information required by the Regional 
Administrator: The applicant's name; mailing address; telephone number; 
height; weight; hair color; and eye color; if the applicant represents 
a corporation, a copy of the current Certificate of Incorporation; and 
percentage of annual income derived from the sale of bluefish.
* * * * *
    (f) Change in permit information. Any change in the information 
specified in paragraphs (c)(2) or (c)(3) of this section must be 
submitted by the applicant in writing to the Regional Administrator 
within 15 days of the change, or the permit is void.
* * * * *
    (j) Reissuance. A permit may be reissued by the Regional 
Administrator when requested in writing, stating the need for 
reissuance, the name of the vessel (if applicable), and the fishing 
permit number assigned. An application for the reissuance of a permit 
will not be considered a new application. The fee for a reissued permit 
shall be the same as for an initial permit.
    (k) Transfer. A permit issued under this part is not transferable 
or assignable. A permit will be valid only for the fishing vessel, 
owner and/or person for which it is issued.
    (l) Display. A vessel permit must be carried, at all times, on 
board the vessel for which it is issued and shall be subject to 
inspection upon request by any authorized officer. A person issued a 
permit under this section must be able to present the permit for 
inspection when requested by an authorized officer. Permits must be 
maintained in legible condition.
* * * * *
    7. In Sec. 648.14, paragraph (w) is redesignated as paragraph (x) 
and a new paragraph (w) is added as follows:


Sec. 648.14  Prohibitions.

* * * * *
    (w) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person to do any 
of the following:
    (1) Possess in or harvest from the EEZ Atlantic bluefish in excess 
of the daily possession limit specified in Sec. 648.131, unless that 
person has a permit meeting the requirements of Sec. 648.4(a)(8);
    (2) Possess, have custody or control of, ship, receive, barter, 
trade, transport, offer for sale, sell, purchase, import, or export any 
bluefish taken, retained, or landed in violation of the Magnuson-
Stevens Act, or any regulation or permit issued under the Magnuson-
Stevens Act;
    (3) Fish under a permit meeting the requirements of 
Sec. 648.4(a)(8) in violation of a notice of restriction published 
under Sec. 648.162;
    (4) Fish in the EEZ under a permit meeting the requirements of 
Sec. 648.4(a)(8) during a closure under Sec. 648.163; or
    (5) Sell any Atlantic bluefish harvested from the EEZ unless that 
person has a permit that meets the requirements of Sec. 648.4(a)(8).
* * * * *
    8. Subpart J is added to Part 648 to read as follows:

Subpart J--Management Measures for the Atlantic Bluefish Fishery

Sec.
648.160  Fishing year.
648.161  Possession limit.
648.162  Catch monitoring, commercial controls, and gear 
restrictions.
648.163  Closure of the fishery.

Sec. 648.160  Fishing year.

    The fishing year is from January 1 through December 31.


Sec. 648.161  Possession limit.

    (a) Possession limit. (1) No person shall possess more than ten 
bluefish unless he/she has a permit meeting the requirements of 
Sec. 648.4(a)(8).
    (2) Bluefish caught while in possession of a permit meeting the 
requirements of Sec. 648.4(a)(8) must be kept separate from the pooled 
catch and in the possession of the permit holder at all times.
    (3) If Atlantic bluefish are filleted into two or more sections, 
such fillets shall

[[Page 13301]]

be deemed to be whole Atlantic bluefish using a ratio of 1:2 (two 
fillets to one whole fish). If Atlantic bluefish are filleted into 
single (butterfly) fillets, such fillets shall be deemed to be whole 
Atlantic bluefish.
    (4) Atlantic bluefish harvested from party and charter boats or 
other vessels carrying more than one person may be commingled. 
Compliance with the daily possession limit will be determined by 
dividing the number of Atlantic bluefish on board by the number of 
persons aboard, provided, however, that if a person or persons aboard 
are fishing under a permit meeting the requirements of 
Sec. 648.4(a)(8), his/her catch shall not be counted for determining 
compliance with the possession limit, if it is maintained in the 
possession of such person(s). If there is a violation of the possession 
limit on board a vessel carrying more than one person, the violation 
shall be deemed to have been committed by the owner and/or operator.
    (b) Adjustment of the possession limit. After notice and 15 days 
opportunity for public comment, NMFS may adjust the possession limit 
within a range of 0 to 15 Atlantic bluefish based on a recommendation 
of the MAFMC and Commission. NMFS will publish a notice of any proposed 
adjustment, together with the basis for such adjustment, in the Federal 
Register. After consideration of any public comments, NMFS may adjust 
the possession limit by publishing a notice of adjustment in the 
Federal Register.


Sec. 648.162  Catch monitoring, commercial controls, and gear 
restrictions.

    (a) The Bluefish Committee will review bluefish catch statistics, a 
projection of the commercial share for the next fishing year, and the 
most recent stock assessment prior to August 15th of each year. The 
Bluefish Committee will report to the MAFMC and the Commission.
    (b) The MAFMC and the Commission will review the report of the 
Bluefish Committee. If the report indicates that the commercial catch 
for the next fishing year will equal or exceed 20 percent of the total 
catch (recreational catch plus commercial landings) of Atlantic 
bluefish, the MAFMC and Commission will propose the commercial controls 
to be implemented at the start of the upcoming year. If the report 
indicates that the commercial catch will be greater than 17 percent but 
less than 20 percent of the total catch of Atlantic bluefish, or that 
the commercial share for the last full year is 50 percent greater than 
the previous year's commercial share, the MAFMC and Commission will 
determine whether commercial controls are necessary. In making such a 
determination the MAFMC and Commission will consider:
    (1) The most recent catch data.
    (2) Trends in the fishery.
    (3) Any other relevant factors.
    (c) If the catch in the commercial fishery is projected to equal or 
exceed the 20 percent limit during the upcoming year, then a state 
allocation system will be implemented. This will entail the use of 
landings data from the most recent 10-year period for each state, to 
determine the average percentage of each state's coastwide commercial 
landings. These percentages will be used to determine the amount of the 
coastwide quota allocated to each state. Quotas will apply to landings 
in each state, regardless of where the bluefish were caught.
    (d) If whole Atlantic bluefish are processed into fillets at sea, 
then fillet weight will be converted to whole weight at the state of 
landing by multiplying fillet weight by 2.5. If whole Atlantic bluefish 
are headed and gutted at sea, then the conversion is accomplished by 
multiplying headed/gutted weight by 1.5.
    (e) If the MAFMC concludes that the increase in the commercial 
catch is attributable to the use of purse seines, pair trawls, or 
encircling (runaround) gillnets, then it will propose restrictions 
applicable to that gear type. In determining what restrictions are 
necessary to control the catch of Atlantic bluefish by commercial 
fishermen using these gear types, the MAFMC may consider:
    (1) Trip limits;
    (2) Area closures;
    (3) Banning the use of these gear types; or
    (4) Any other measures it deems appropriate.
    (f) The Regional Administrator will review any gear restrictions 
proposed by the MAFMC. If the Regional Administrator concurs that the 
proposed gear restrictions are consistent with the goals and objectives 
of the FMP, the national standards, and other applicable law, the 
Regional Administrator will recommend that NMFS publish a notice of the 
proposed restrictions in the Federal Register with a 30-day public 
comment period. After publication of such notice and after 
consideration of any public comments, NMFS may impose such restrictions 
by publishing a notice of gear restrictions in the Federal Register.
    (g) NMFS may rescind any gear restriction if it finds, based on the 
advice of the MAFMC through the process set forth in paragraphs (a) and 
(b) of this section, that the restriction is no longer necessary.


Sec. 648.163  Closure of the fishery.

    The Regional Administrator shall close the commercial fishery for 
Atlantic bluefish in the EEZ if the commercial fisheries for Atlantic 
bluefish have been closed in all Atlantic coastal states.

PART 628-[REMOVED]

    9. Part 628 is removed.
[FR Doc. 97-6956 Filed 3-19-97; 8:45 am]
BILLING CODE 3510-22-F