[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Rules and Regulations]
[Pages 14644-14651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7714]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 648
[Docket No. 960612172-7054-02; I.D. 011697A]
RIN 0648-A121
Fisheries of the Northeastern United States; Technical Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS issues this final rule to correct and clarify 50 CFR part
648, which contains regulations implementing the fishery management
plans (FMPs) for: Summer flounder, scup, and black sea bass; Atlantic
sea scallops; Northeast multispecies; Atlantic surf clams and ocean
quahogs; Atlantic mackerel, squid, and butterfish; and Atlantic salmon.
During the consolidation of these FMPs into one part (50 CFR part 648),
unintended omissions and changes were made. This document corrects
those errors.
EFFECTIVE DATE: March 24, 1997.
FOR FURTHER INFORMATION CONTACT: Mary M. Tokarcik, Fisheries Management
Specialist, 508-281-9326.
SUPPLEMENTARY INFORMATION: On July 3, 1996 (61 FR 34966), NMFS
published a final rule that incorporated six separate CFR parts (50 CFR
parts 625, 650, 651, 652, 655, and 657) into 50 CFR part 648.
Subsequently, regulations implementing the scup and black sea bass FMPs
were added to this part. In addition, 50 CFR parts 600, 601, 602, 603,
605, 611, 619, 620, and 621 were consolidated into 50 CFR part 600.
These consolidations were called for under President Clinton's
Regulatory Reinvention Initiative for comprehensive regulatory reform.
Because 50 CFR part 648 was prepared concurrent with the implementation
of Amendment 7 to the Northeast Multispecies Fisheries Management Plan,
many changes from the proposed rule to the final rule implementing
Amendment 7 were not included in the consolidated document. Also,
errors occurred during the consolidation of 50 CFR parts 600 and 648 in
references and dates and through unintended omissions and inclusions.
This rule makes these corrections and clarifies sections of the
regulations as follows:
In 50 CFR 600.10, the definition for ``area of custody'' is added.
In Sec. 648.2, the definition for ``Multispecies Monitoring
Committee'' is revised to clarify that no more than two state
representatives can be appointed from all of the affected states.
In Sec. 648.2, the scientific name for redfish is changed to
Sebastes fasciatus.
In Sec. 648.2, the definition for ``Prior to leaving port'' is
revised to clarify when a vessel must begin a days-at-sea (DAS) trip
under the call-in requirement. Also, the phrase ``with respect to the
call-in notification for NE multispecies'' is revised to clarify that
the definition is also applicable to scallop DAS vessels.
In Sec. 648.2, the definition for ``Target Total Allowable Catch''
is put in alphabetical order.
In Sec. 648.4(a)(1)(i)(E)(2), the assumptions for establishing net
tonnage (NT) and gross registered tonnage (GRT) for vessels that are
not required to be documented are in error and are removed.
In Sec. 648.4(a)(6)(i)(B)(1), the deadline for application for the
scup moratorium
[[Page 14645]]
permit is incorrect and is changed to ``September 23, 1997.''
In Sec. 648.4(c)(2)(ii) (A) and (B), the reference to ``May 1,
1996,'' is incorrect and is changed to ``July 1, 1996.''
In Sec. 648.7(f)(2), the last sentence is removed to reflect that
annual reports of fishing vessel log reports are not required.
In Sec. 648.9(e), the reference to paragraph ``(a)(1)'' is
corrected to read ``(a).''
In Sec. 648.10, the headings for the table containing the
coordinates for the VTS Demarcation Line are corrected.
In Sec. 648.10, all references to the call-in requirements for
charter/party vessels are removed, paragraph (e) is removed, and
paragraph (f) is redesignated as paragraph (e). The charter/party
vessel call-in requirements proposed in Amendment 7 to the Northeast
Multispecies FMP were disapproved. The requirement for maintenance of
confirmation numbers used in the DAS call-in notification program was
revised in the Northeast Multispecies FMP Amendment 7 final rule. This
change was omitted during the consolidation and is now made to
Sec. 648.10(c)(2).
In Sec. 648.10(b), the first reference to ``Sec. 649.9(a)'' is
corrected to read ``Sec. 648.10(d).''
In Sec. 648.10(c)(3), the reference to the DAS accounting method
for vessels fishing with gillnet gear that was disapproved in Amendment
7 to the Northeast Multispecies FMP is removed.
In Sec. 648.10(c)(5), the references to ``Sec. 648.83'' and
``paragraph (b)'' are corrected to read ``Sec. 648.89,'' and
``paragraph (c),'' respectively.
In Sec. 648.10, in the newly redesignated paragraph (e), the
reference to paragraph ``(b)'' is corrected to read ``(b)(1).''
In Sec. 648.10(f), which was inadvertently excluded during the
consolidation, is added to describe the call-in requirement for
multispecies vessels, subject to the 20-day spawning season
restrictions of Sec. 648.82(g).
In Sec. 648.14, all references to the metric conversion for 50 bu
were incorrectly identified as ``176.2 L,'' and are corrected to read
``17.62 hl.''
In Sec. 648.14(a)(19), the reference to ``Sec. 648.75(t)(1)(iii)''
is corrected to read ``Sec. 648.75(h).''
In Sec. 648.14(a)(37), the reference to ``Sec. 648.8(c)(3)'' is
corrected to read ``Sec. 648.80(c)(3).''
In Sec. 648.14(a)(40), the reference to ``Sec. 648.81(d)(2)'' is
corrected to read ``Sec. 648.81(d).''
In Sec. 648.14 (a)(43), (a)(48), (a)(50), and (c)(6) are made more
explicit by naming the provisions indicated in the cross references.
Letters of authorization given to vessels that appeal the denial of
a limited access scallop permit are no longer applicable, because the
appeal process is completed. Therefore, the reference to such letters
is removed from Sec. 648.14(a)(57)(i).
In Sec. 648.14(a)(86), the deadline for selling or transferring
scup is corrected to read ``January 1, 1997.''
In Sec. 648.14, paragraphs (a) (96) and (97) were omitted during
the consolidation, and are added.
In Sec. 648.14(c)(7), the reference to ``Sec. 648.8'' is corrected
to read ``Sec. 648.86(a) and Sec. 648.82(b)(3).''
The winter flounder possession limit proposed in Amendment 7 to the
NE Multispecies FMP was disapproved. Section 648.14(c)(10), which
refers to this disapproved limit, is removed.
In Sec. 648.14(d)(3), the reference to ``Sec. 648.86(a)(2)'' is
corrected to read ``Sec. 648.88(a)(2).''
In Sec. 648.14(d)(4), the prohibition concerning the violation of
the open access handgear vessel provisions, which was inadvertently
omitted during the consolidation, is added.
In Sec. 648.14(h)(9), the reference to ``Sec. 648.51(a)(2)(iii)''
is corrected to read ``Sec. 648.51(a)(2)(ii).''
In Sec. 648.14, paragraph (r) is a duplicate of paragraph (n).
Paragraph (r) is removed and reserved.
In Sec. 648.14(x)(1)(iii), the reference to ``Sec. 648.70(d)(2)''
is corrected to read ``Sec. 648.70(b).''
The paragraph on radio hails, which was present in the final rule
of Amendment 7, was omitted from Sec. 648.15, and is added.
In Sec. 648.23(b)(3)(ii), the requirement to remove leg wires from
a net during stowage is removed to reflect that the Regional
Administrator has already eliminated the requirement pursuant to
Sec. 648.23(b)(4).
Throughout subpart D, the metric conversion for ``50 bu'' is
corrected to read ``17.62 hl.''
In Sec. 648.54(a), reference to ``Sec. 648.54(c)'' is corrected to
read ``Sec. 648.53(b);'' in paragraph (b)(1), the reference to
``Sec. 648.53(c)'' is corrected to read ``Sec. 648.53(c);'' and in
paragraph (c), the reference to paragraph ``(b)'' is corrected to read
``(b)(1)'' and the reference to ``Sec. 648.10(f)'' is corrected to read
``Sec. 648.10(e).''
In Sec. 648.73(a), errors exist in the notation of coordinate
points and are corrected.
In the introductory paragraph for Sec. 648.80, the vessels required
to comply with multispecies requirements in the Gulf of Maine/Georges
Bank area are clarified.
In Sec. 648.80, the title for paragraph (a)(2)(iii) is changed to
``Other Exemptions'' and the paragraph is revised to clarify that
vessels fishing with an open access charter/party or hand gear permit
are included in this exemption.
The dates for the northern shrimp season are set annually by the
Atlantic States Marine Fisheries Commission and are removed from
Sec. 648.80(a)(3)(iii).
In Sec. 648.80(a)(5), the authorization to use 6-inch (15.24-cm)
diamond mesh in the Stellwagen Bank/Jeffreys Ledge Juvenile Protection
Area is incorrect and, therefore, is eliminated.
In Sec. 648.80, paragraph (a)(7)(iv) is clarified to reflect that
this section covers bycatch in exempted fisheries.
In Sec. 648.80(a)(7)(iv)(D), the reference to ``(a)(10)'' is
corrected to read ``Sec. 648.80(b).''
In Sec. 648.80, the heading for paragraph (b)(2)(iii) is changed to
``Other Exemptions'' and the paragraph is revised to clarify that
vessels fishing with an open access charter/party or hand gear permit
are included in this exemption.
In Sec. 648.80, paragraph (b)(3)(i) is revised to clarify that
dogfish are exempted in the area only when caught with trawl gear.
In Sec. 648.80(c)(1), the definition of the Mid-Atlantic Regulated
Mesh Area is revised to reflect a change that was made in the final
rule for Amendment 7 to the NE multispecies FMP.
In Sec. 648.80(c)(2)(i), the reference to paragraph (c)(3) is
incorrect and is removed.
In Sec. 648.82(b)(1)(ii), vessels issued multispecies limited
access gillnet permits are incorrectly included. In paragraph
(b)(2)(ii), these vessels are inadvertently excluded. These paragraphs
are revised accordingly.
In Sec. 648.82(b)(4)(i), the proration factor for the 1996 DAS
allocation is incorrectly identified as ``0.83'' and is revised to read
``0.833.''
In Sec. 648.82(b)(4)(ii), the reference to ``Sec. 648.4(a)(1)(ii)''
is corrected to read ``Sec. 648.4(a)(1)(i).''
In Sec. 648.82, paragraph (b)(6)(i) omits the requirement that a
vessel in this category must fish in this category for the entire year.
This paragraph is revised accordingly.
The cutoff date for the receipt of appeal of a vessel DAS
allocation given in Sec. 648.82(d)(2)(i) is corrected to read ``August
31, 1996.''
In Sec. 648.82(g), all references to ``fishing year'' are changed
to ``calendar year''. Additionally, the paragraph is rewritten to be
consistent with the final rule implementing NE Multispecies Amendment
7, to explain the operation of the spawning season requirement during
the transition to these new requirements.
[[Page 14646]]
In Sec. 648.86, paragraph (a)(2)(iii) is rewritten to clarify that
combination vessels fishing under a multispecies DAS are not restricted
under the haddock possession restriction for scallop dredge vessels.
In Sec. 648.86, paragraph (b) refers to the disapproved winter
flounder possession restrictions for the MA regulated mesh area, and is
removed. Paragraph (c) of this section is redesignated paragraph (b).
In Sec. 648.90(a)(3), the reference to ``(a)(5)'' is corrected to
read ``(a)(6).''
In Sec. 648.100(b)(8), the references to ``(a)(8) and (10)'' are
corrected to read ``(a).''
The introduction to Sec. 648.106 omits the word ``fishery'' when
describing the summer flounder fishery, and this word is added.
Throughout the document, the words ``Regional Director'' are
changed to ``Regional Administrator.'' This title was changed with the
restructuring of NMFS on August 19, 1996.
Classification
Because this rule only corrects omissions and other errors, removes
provisions that are no longer applicable, and clarifies an existing set
of regulations for which full prior notice and opportunity for comment
was provided under 5 U.S.C. 553(b)(B), it is unnecessary to provide
such procedures for this rule. Because this rule only corrects,
clarifies and removes no longer applicable provisions, and imposes no
new requirements on anyone subject to these regulations, under 5 U.S.C.
553(d)(3) it is not subject to a 30-day delay in effective date.
This rule is exempt from review under E.O. 12866.
List of Subjects
50 CFR Part 600
Fisheries, Fishing.
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 20, 1997.
C. Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR parts 600 and 648
are amended as follows:
PART 600--MAGNUSON ACT PROVISIONS
1. The authority citation for part 600 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 600.10, the definition for ``Area of custody'' is added
in alphabetical order to read as follows:
Sec. 600.10 Definitions.
* * * * *
Area of custody means any vessel, building, vehicle, live car,
pound, pier or dock facility where fish might be found.
* * * * *
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. 648.2, the definitions for ``Multispecies Monitoring
Committee'', ``Northeast (NE) multispecies or multispecies'', and
``Prior to leaving port'' are revised to read as follows:
Sec. 648.2 Definitions.
* * * * *
Multispecies Monitoring Committee means a team of scientific and
technical staff appointed by the NEFMC to review, analyze, and
recommend adjustments to the measurement measures. The team consists of
staff from the NEFMC and the MAFMC, NMFS Northeast Region Office,
NEFSC, the USCG, an industry representative, and no more than two
representatives, appointed by the Commission, from affected states.
* * * * *
Northeast (NE) multispecies or multispecies means the following
species:
American plaice--Hippoglossoides platessoides.
Atlantic cod--Gadus morhua.
Haddock--Melanogrammus aeglefinus.
Ocean Pout--Macrozoarces americanus.
Pollock--Pollachius virens.
Redfish--Sebastes fasciatus.
Red hake--Urophycis chuss.
Silver hake (whiting)--Merluccius bilinearis.
White hake--Urophycis tenuis.
Windowpane flounder--Scophthalmus aquosus.
Winter flounder--Pleuronectes americanus.
Witch flounder--Glyptocephalus cynoglossus.
Yellowtail flounder--Pleuronectes ferrugineus.
* * * * *
Prior to leaving port means prior to departing from the last dock
or mooring in port to engage in fishing, including the transport of
fish to another port.
* * * * *
5. In Sec. 648.4, paragraphs (a)(1)(i)(E)(2), (a)(6)(i)(B)(1),
(c)(2)(ii)(A), and (c)(2)(ii)(B) are revised to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(1) * * *
(i) * * *
(E) * * *
(2) The replacement vessel's length, GRT, and NT may not exceed by
more than 10 percent the length, GRT, and NT of the vessel that was
initially issued a limited access permit as of the date the initial
vessel applied for such permit.
* * * * *
(6) * * *
(i) * * *
(B) * * * (1) No one may apply for an initial scup moratorium
permit after September 23, 1997.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
(A) If the engine horsepower was changed or a contract to change
the engine horsepower had been entered into prior to July 1, 1996, such
that it is different from that stated in the vessel's most recent
application for a Federal fisheries permit before July 1, 1996,
sufficient documentation to ascertain the different engine horsepower.
However, the engine replacement must be completed within 1 year of the
date on which the contract was signed.
(B) If the length, GRT, or NT was changed or a contract to change
the length, GRT, or NT had been entered into prior to July 1, 1996,
such that it is different from that stated in the vessel's most recent
application for a Federal fisheries permit, sufficient documentation to
ascertain the different length, GRT, or NT. However, the upgrade must
be completed within 1 year from the date on which the contract was
signed.
* * * * *
6. In Sec. 648.7, paragraph (f)(2) is revised to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(f) * * *
(2) Fishing vessel log reports. Fishing log reports must be
received or postmarked, if mailed, within 15 days after the end of the
reporting month. Each owner will be sent forms and instructions,
including the address to which reports are to be submitted, shortly
after receipt of a Federal fisheries permit. If no fishing trip is made
during a month, a report stating so must be submitted.
* * * * *
7. In Sec. 648.9, paragraph (e) is revised to read as follows:
[[Page 14647]]
Sec. 648.9 VTS requirements.
* * * * *
(e) Replacement. Should a VTS unit require replacement, a vessel
owner must submit documentation to the Regional Administrator, within 3
days of installation and prior to the vessel's next trip, verifying
that the new VTS unit is an operational, approved system as described
under paragraph (a) of this section.
* * * * *
8. In Sec. 648.10, in the table in paragraph (a), the column
headings, and paragraphs (b) introductory text, (b)(1), (c)(1), (c)(2),
(c)(3), and (c)(5) are revised, paragraph (e) is removed, paragraph (f)
is redesignated as paragraph (e), the introductory text to newly
redesignated paragraph (e) is revised, and new paragraph (f) is added
to read as follows:
Sec. 648.10 DAS notification requirements.
(a) * * *
VTS Demarcation Line
Description N. Lat. W. Long.
* * * * *
(b) VTS Notification. Multispecies vessels issued an Individual DAS
or Combination Vessel permit, scallop vessels issued a full-time or
part-time limited access scallop permit, or scallop vessels fishing
under the small dredge program specified in Sec. 648.51(e), or vessels
issued a limited access multispecies or scallop permit and whose owners
elect to fish under the VTS notification of this paragraph (b), unless
otherwise authorized or required by the Regional Administrator under
Sec. 648.10(d), must have installed on board an operational VTS unit
that meets the minimum performance criteria specified in Sec. 648.9(b)
or as modified in Sec. 648.9(a). Owners of such vessels must provide
documentation to the Regional Administrator at the time of application
for a limited access permit that the vessel has an operational VTS unit
that meets those criteria. If a vessel has already been issued a
limited access permit without providing such documentation, the
Regional Administrator shall allow at least 30 days for the vessel to
install an operational VTS unit that meets the criteria and to provide
documentation of such installation to the Regional Administrator.
Vessels that are required to or have elected to use a VTS unit shall be
subject to the following requirements and presumptions:
(1) Vessels that have crossed the VTS Demarcation Line specified
under paragraph (a) of this section are deemed to be fishing under the
DAS program, unless the vessel's owner, or authorized representative
declares the vessel out of the scallop or NE multispecies fishery, as
applicable, for a specific time period by notifying the Regional
Administrator through the VTS prior to the vessel leaving port.
* * * * *
(c) * * *
(1) Prior to the vessel leaving port, the vessel owner or
authorized representative must notify the Regional Administrator that
the vessel will be participating in the DAS program by calling the
Regional Administrator and providing the following information: Owner
and caller name and phone number, vessel's name and permit number, type
of trip to be taken, port of departure, and that the vessel is
beginning a trip. A DAS begins once the call has been received and a
confirmation number is given by the Regional Administrator.
(2) The vessel's confirmation numbers for the current and
immediately prior multispecies fishing trip must be maintained on board
the vessel and provided to an authorized officer upon request.
(3) Upon a vessel's return to port, the vessel owner or owner's
representative must call the Regional Administrator and notify him/her
that the trip has ended by providing the following information: Owner
and caller name and phone number, vessel's name, port of landing and
permit number, and that the vessel has ended a trip. A DAS ends when
the call has been received and confirmation has been given by the
Regional Administrator.
* * * * *
(5) Any vessel that possesses or lands per trip more than 400 lb
(181.44 kg) of scallops, and any vessel issued a limited access
multispecies permit subject to the DAS program and call-in requirement
that possesses or lands regulated species, except as provided in
Sec. 648.89, shall be deemed in the DAS program for purposes of
counting DAS, regardless of whether the vessel's owner or authorized
representative provided adequate notification as required by paragraph
(c) of this section.
* * * * *
(e) Scallop vessels fishing under exemptions. Vessels fishing under
the exemptions provided by Sec. 648.54 (a) and/or (b)(1) must notify
the Regional Administrator by VTS notification or by call-in
notification as follows:
* * * * *
(f) Call-in for 20-day blocks. With the exception of vessels issued
a valid Small Vessel category permit, vessels subject to the spawning
season restriction described in Sec. 648.82 must notify the Regional
Administrator of the commencement date of their 20-day period out of
the multispecies fishery through either the VTS system or by call-in
notification and provide the following information: Vessel name and
permit number, owner and caller name and phone number, and the
commencement date of the 20-day period.
9. In Sec. 648.14, paragraphs (a)(19), (a)(37), (a)(40), (a)(43),
(a)(48), (a)(50), (a)(57) introductory text, (a)(57)(i), (a)(86),
(a)(96), (c)(6), (c)(7), (d)(3), (h)(1), (h)(9), (i)(1), and
(x)(1)(iii) are revised, paragraphs (a)(100) and (d)(4) are added,
paragraph (c)(10) is removed and paragraph (r) is removed and reserved
as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(19) Land or possess, after offloading, any cage holding surf clams
or ocean quahogs without a cage tag or tags required by Sec. 648.75,
unless the person can demonstrate the inapplicability of the
presumptions set forth in Sec. 648.75(h).
* * * * *
(37) Fish with, use, or have available for immediate use within the
area described in Sec. 648.80(c)(1), nets of mesh size smaller that the
minimum mesh size specified in Sec. 648.80(c)(2), except as provided in
Sec. 648.80(c)(3), (d), (e), and (i), or unless the vessel has not been
issued a multispecies permit and fishes for NE multispecies exclusively
in state waters.
* * * * *
(40) Enter, or be in the area described in Sec. 648.81(c)(1), on a
fishing vessel, except as provided in Sec. 648.81 (c)(2) and (d).
* * * * *
(43) Violate any of the provisions of Sec. 648.80 (a)(3) Small Mesh
Northern Shrimp Fishery Exemption Area, (a)(4) Cultivator Shoals
Whiting Fishery Exemption Area; (a)(5) Stellwagen Bank/Jeffreys Ledge
(SB/JL) juvenile protection area; (a)(8), Small Mesh Area 1/Small Mesh
Area 2; or (a)(9) Nantucket Shoals Dogfish Fishery Exemption Area,
(b)(3) Exemptions, or (b)(5) SNE Monkfish Fishery Exemption Area. A
violation of any of these paragraphs is a separate violation.
* * * * *
(48) Violate any provision of the open access permit restrictions
as provided in Sec. 648.88.
* * * * *
[[Page 14648]]
(50) Violate any provision of the state waters winter flounder
exemption program as provided in Sec. 648.80(i).
* * * * *
(57) Fish for, possess or land per trip, scallops in excess of 400
lb (181.44 kg) or 50 bu (17.62 hl) of in-shell scallops, unless:
(i) The scallops were harvested by a vessel that has been issued
and carries on board a limited access scallop permit, or
* * * * *
(86) Sell or transfer scup harvested in or from the EEZ north of
35 deg.15.3' N. lat. after January 1, 1997, unless the vessel has been
issued a valid moratorium permit pursuant to Sec. 648.4(a)(6).
* * * * *
(96) Enter or fish in the Gulf of Maine/Georges Bank and Southern
New England Regulated Mesh Areas, except as provided in Secs. 648.80
(a)(2)(iii) and (b)(2)(iii), and for purposes of transiting, provided
that all gear (other than exempted gear) is stowed in accordance with
Sec. 648.23(b).
* * * * *
(100) Enter, fail to remove gear from, or be in the areas described
in Sec. 648.81(f)(1) through Sec. 648.81(h)(1) during the time period
specified, except as provided in Sec. 648.81 (d), (f)(2), (g)(2), and
(h)(2).
* * * * *
(c) * * *
(6) Fail to comply with any provision of the DAS notification
program as specified in Sec. 648.10.
(7) Possess or land per trip more than the possession limit
specified under Sec. 648.86(a) and Sec. 648.82(b)(3), if the vessel has
not been issued a limited access multispecies permit.
* * * * *
(d) * * *
(3) Possess or land NE multispecies during the time period
specified in Sec. 648.88(a)(2).
(4) Violate any provision of the open access handgear permit
restrictions as provided in Sec. 648.88(a).
* * * * *
(h) * * *
(1) Possess, or land per trip, more than 400 lb (181.44 kg) of
shucked, or 50 bu (17.62 hl) of in-shell scallops after using up the
vessel's annual DAS allocation or when not participating under the DAS
program pursuant to Sec. 648.10, unless exempted from DAS allocations
as provided in Sec. 648.54.
* * * * *
(9) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
l) of in shell scallops or participate in the DAS allocation program,
while in the possession of trawl nets that have a maximum sweep
exceeding 144 ft (43.9 m), as measured by the total length of the
footrope that is directly attached to the webbing of the net, except as
specified in Sec. 648.51(a)(2)(ii).
* * * * *
(i) * * *
(1) Possess, or land per trip, more than 400 lb (181.44 kg) of
shucked or 50 bu (17.62 hl) of in-shell scallops.
* * * * *
(r) [Reserved]
* * * * *
(x) * * *
(1) * * *
(iii) Surf clams or ocean quahogs found in cages without a valid
state tag are deemed to have been harvested in the EEZ and to be part
of an individual's allocation, unless such individual demonstrates that
he/she has surrendered his/her surf clam and ocean quahog vessel permit
issued under Sec. 648.4 and has conducted fishing operations
exclusively within waters under the jurisdiction of any state. Surf
clams and ocean quahogs in cages with a Federal tag or tags, issued and
still valid pursuant to this section, affixed thereto are deemed to
have been harvested by the individual allocation holder to whom the
tags were issued or transferred under Sec. 648.(70) or Sec. 648.75(b).
* * * * *
10. In Sec. 648.15, paragraph (c) is added to read as follows:
Sec. 648.15 Facilitation of enforcement.
* * * * *
(c) Radio hails. Permit holders, while underway, must be alert for
communication conveying enforcement instructions and immediately answer
via VHF-FM radio, channel 16, when hailed by an authorized officer.
Vessels not required to have VHF-FM radios by the Coast Guard are
exempt from this requirement.
* * * * *
11. In Sec. 648.23, paragraphs (b)(3)(ii) and (b)(4) are revised to
read as follows:
Sec. 648.23 Gear Restrictions.
* * * * *
(b) * * *
(3) * * *
(ii) The towing wires are detached from the net; and
* * * * *
(4) Other methods of stowage. Any other method of stowage
authorized in writing by the Regional Administrator and subsequently
published in the Federal Register.
* * * * *
12. In Sec. 648.51, paragraph (e) introductory text is revised to
read as follows:
Sec. 648.51 Gear and crew restrictions.
* * * * *
(e) Small dredge program restrictions. Any vessel owner whose
vessel is assigned to either the part-time or occasional category may
request, in the application for the vessel's annual permit, to be
placed in one category higher. Vessel owners making such request will
be placed in the appropriate category for the entire year, if they
agree to comply with the following restrictions, in addition to and
notwithstanding other restrictions of this part, when fishing under the
DAS program described in Sec. 648.53, or in possession of more than 400
lb (181.44 kg) of shucked, or 50 bu (17.62 hl) of in-shell scallops:
* * * * *
13. In Sec. 648.52, the heading and paragraph (a) is revised to
read as follows:
Sec. 648.52 Possession limits.
(a) Owners or operators of vessels with a limited access scallop
permit that have declared out of the DAS program as specified in
Sec. 658.10, or have used up their DAS allocations, and vessels
possessing a General scallop permit, unless exempted under the state
waters exemption program described under Sec. 648.54, are prohibited
from possession or landing per trip more than 400 lb (181.44 kg) of
shucked, or 50 bu (17.62 hl) of in-shell scallops, with not more than
one scallop trip allowable in any calendar day.
* * * * *
14. In Sec. 648.53, paragraphs (a) and (b) introductory text are
revised to read as follows:
Sec. 648.53 DAS allocations.
(a) Assignment to DAS categories. For each fishing year, each
vessel issued a limited access scallop permit shall be assigned to the
DAS category (full-time, part-time, or occasional) it was assigned to
in the proceeding year. Limited access scallop permits will indicate
which category the vessel is assigned to. Vessels are prohibited from
fishing for, landing per trip, or possessing more than 400 lb (181.44
kg) of shucked, or 50 bu (17.62 hl) of in-shell scallops once their
allocated number of DAS, as specified under paragraph (b) of this
section, are used up.
(b) DAS allocations. Each vessel qualifying for one of the three
categories specified in paragraph (a) of this section shall be
allocated, annually, the maximum number of DAS it may
[[Page 14649]]
participate in the limited access scallop fishery, according to its
category. A vessel whose owner/operator has declared it out of the
scallop fishery, pursuant to the provisions of Sec. 648.10, or has used
up its allocated DAS may leave port without being assessed a DAS, as
long as it does not possess or land more than 400 lb (181.44 kg) of
shucked or 50 bu (17.62 hl) of in-shell scallops and complies with the
other requirements of this part. The annual allocations of DAS for each
category of vessel for the fishing years indicated are as follows:
* * * * *
15. In Sec. 648.54, paragraphs (a), (b)(1), and (c) are revised to
read as follows:
Sec. 648.54 State waters exemption.
(a) DAS exemption. Any vessel issued a limited access scallop
permit is exempt from the DAS requirements specified in Sec. 648.53(b)
while fishing exclusively landward of the outer boundary of a state's
waters, provided the vessel complies with paragraphs (c) through (f) of
this section.
(b) Gear restriction exemption--(1) Limited access permits. Any
vessel issued a limited access scallop permit that is exempt from the
DAS requirements of Sec. 648.53(b) under paragraph (a) of this section
is also exempt from the gear restrictions specified in Sec. 648.51 (a),
(b), (e)(1) and (e)(2) while fishing exclusively landward of the outer
boundary of the waters of a state that has been deemed by the Regional
Administrator under paragraph (b)(3) of this section to have a scallop
fishery and a scallop conservation program that does not jeopardize the
fishing mortality/effort reduction objectives of the Scallop FMP,
provided the vessel complies with paragraphs (c) through (f) of this
section.
* * * * *
(c) Notification requirements. Vessels fishing under the exemptions
provided by paragraph(s) (a) and/or (b)(1) of this section must notify
the Regional Administrator in accordance with the provisions of
Sec. 648.10(e).
* * * * *
16. In Sec. 648.73, paragraphs (a)(1) through (a)(3) are revised to
read as follows:
Sec. 648.73 Closed Areas.
(a) * * *
(1) Boston Foul Ground. The waste disposal site known as the
``Boston Foul Ground'' and located at 42 deg.2'36'' N. lat.,
70 deg.35'00'' W. long., with a radius of 1 nm in every direction from
that point.
(2) New York Bight. The polluted area and waste disposal site known
as the ``New York Bight Closure'' and located at 40 deg.25'04'' N.
lat., 73 deg.42'38'' W. long., and with a radius of 6 nm in every
direction from that point, extending further northwestward, westward
and southwestward between a line from a point on the arc at
40 deg.3'00'' N. lat., 73 deg.43'38'' W. long., directly northward
toward Atlantic Beach Light in New York to the limit of the state
territorial waters of New York; and a line from the point on the arc at
40 deg.19'48'' N. lat., 73 deg.45'42'' W. long. to a point at the limit
of the state territorial waters of New Jersey at 40 deg.14'00'' N.
lat., 73 deg.55'42'' W. long.
(3) 106 Dumpsite. The toxic industrial dump site known as the ``106
Dumpsite'' and located between 38 deg.40'00'' N. lat. and
39 deg.00'00'' N. lat., and 73 deg.55'42'' W. long.
* * * * *
17. In Sec. 648.80, the introductory paragraph, paragraphs
(a)(2)(iii), (a)(3)(iii), (a)(5) introductory text, (a)(7)(iv)
introductory text, (a)(7)(iv)(D), (b)(2)(iii), (b)(3)(i), (c)(1), and
(c)(2)(i) are revised to read as follows.
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
All vessels must comply with the following minimum mesh size, gear
and methods of fishing requirements, unless otherwise exempted or
prohibited.
(a) * * *
(2) * * *
(iii) Other restrictions and exemptions. The minimum size for any
trawl net, gillnet, Scottish seine, midwater trawl, or purse seine on a
vessel or used by a vessel when fishing in the GOM/GB Regulated Mesh
Area while not under the NE multispecies DAS program but when under one
of the exceptions specified in paragraphs (a)(3), (a)(4), (a)(6),
(a)(8), (a)(9), (d), (e), (h), and (i) of this section, is set forth in
the respective paragraph specifying the exemption. Vessels that are not
fishing under one of these exemptions, with exempted gear (as defined
under this part), under the scallop state waters exemption specified in
Sec. 648.54, under a NE multispecies DAS, or under a NE multispecies
open access Charter/Party or a Handgear permit, are prohibited from
fishing in the GOM/GB Regulated Mesh Area.
* * * * *
(3) * * *
(iii) Time restrictions. A vessel may only fish under this
exemption during the northern shrimp season, as established by the
Commission and announced in the Commission's letter to participants.
* * * * *
(5) Stellwagen Bank/Jeffreys Ledge (SB/JL) Juvenile Protection
Area. Except as provided in paragraphs (a)(3), (d), (e), and (h) of
this section, the minimum mesh size for any trawl net, Scottish seine,
purse seine, or midwater trawl in use, or available for immediate use
as described in Sec. 648.23(b), by a vessel fishing in the following
area is 6-inch (15.24 cm) square mesh in the last 50 bars of the codend
and extension piece for vessels 45 ft (13.7 m) in length and less and
the last 100 bars of the codend and extension piece for vessels greater
than 45 ft (13.7 m) in length.
* * * * *
(7) * * *
(iv) Bycatch in exempted fisheries authorized under this paragraph
(a)(7) are subject, at minimum, to the following restrictions:
* * * * *
(D) A limit on the possession of skate or skate parts in the
Southern New England regulated mesh area described in paragraph (b) of
this section of 10 percent, by weight, of all other species on board.
* * * * *
(b) * * *
(2) * * *
(iii) Other restrictions and exemptions. The minimum mesh size for
any trawl net, gillnet, Scottish seine, midwater trawl, or purse seine
in use or available for immediate use, as described in Sec. 648.23(b),
by a vessel when not fishing under the NE multispecies DAS program and
when fishing in the SNE Regulated Mesh Area is specified under the
exemptions set forth in paragraphs (b)(3), (b)(5), (c), (e), (h), and
(i) of this section. Vessels that are not fishing under one of these
exemptions, with exempted gear (as defined under this part), or under
the scallop state waters exemption specified in Sec. 648.54, under a NE
multispecies DAS, or under a NE Multispecies open access Charter/Party
or Handgear permit, are prohibited from fishing in the SNE Regulated
Mesh Area.
* * * * *
(3) Exemptions--(i) Species exemptions. Vessels subject to the
minimum mesh size restrictions specified in paragraph (b)(2) of this
section may fish for, harvest, possess, or land butterfish, dogfish
(trawl only), herring, mackerel, ocean pout, scup, shrimp, squid,
summer flounder, silver hake, and weakfish with nets of a mesh size
smaller than the minimum size specified in the SNE Regulated Mesh Area,
provided such vessels comply with the requirements specified in
paragraph (b)(3)(ii) of this section.
* * * * *
[[Page 14650]]
(c) * * *
(1) Mid-Atlantic regulated mesh area. (1) Area definition. The Mid-
Atlantic Regulated Mesh Area is that area bounded on the east by a line
running from the Rhode Island shoreline at 41 deg.18.2' N. lat. and
71 deg.51.5' W. long. (Watch Hill, RI) southwesterly through Fishers
Island, NY, to Race Point, Fishers Island, NY, and from Race Point,
Fishers Island, NY, southeasterly to the intersection of the 3-nautical
mile line east of Montauk Point, southwesterly along the 3-nautical
mile line to the intersection of 72 deg.30' W. long. and south along
that line to the intersection of the outer boundary of the EEZ.
(2) Gear restrictions--(i) Minimum mesh size. Except as provided in
paragraph (i) of this section, and unless otherwise restricted under
paragraph (c)(2)(ii) of this section, the minimum mesh size for any
trawl net, sink gillnet, Scottish seine, purse seine, or midwater trawl
in use or available for immediate use, as described in Sec. 648.23(b),
by a vessel fishing under a DAS in the NE multispecies DAS program in
the MA Regulated Mesh Area shall be that specified by Sec. 648.104(a).
This restriction does not apply to vessels that have not been issued a
NE multispecies permit and that are fishing exclusively in state
waters.
* * * * *
18. In Sec. 648.82, paragraphs (b)(1)(ii), (b)(2)(ii), (b)(4)(i)
introductory text, (b)(4)(ii), (b)(6)(i), (d)(2)(i) introductory text,
and (g) are revised to read as follows:
Sec. 648.82 Effort-control program for limited access vessels.
* * * * *
(b) * * *
(1) * * *
(ii) Initial assignment. Any vessel issued a valid limited access
multispecies Individual DAS permit as of July 1, 1996, except those
that have been issued a gillnet permit, shall be initially assigned to
the Individual DAS category.
(2) * * *
(ii) Initial assignment. Any vessel issued a valid Fleet DAS
permit, Gillnet permit, limited access Hook-Gear permit, or a vessel
issued a Less than or equal to 45 ft (13.7 m) permit that is larger
than 20 ft (6.1 m) in length as determined by its most recent permit
application, as of July 1, 1996, shall be initially assigned to the
Fleet DAS category.
* * * * *
(4) Hook-Gear category--(i) DAS allocation. Any vessel issued a
valid limited access multispecies Hook-Gear permit shall be allocated
116 DAS (139 DAS multiplied by the proration factor of 0.833) for the
1996 fishing year and 88 DAS for the 1997 fishing year and beyond. A
vessel fishing under this category in the DAS program must meet or
comply with the following while fishing for, in possession of, or
landing regulated species:
* * * * *
(ii) Initial assignment. No vessel shall be initially assigned to
the Hook-Gear category. Any vessel that meets the qualifications
specified in Sec. 648.4(a)(1)(i) may apply for and obtain a permit to
fish under this category.
* * * * *
(6) Large Mesh Individual DAS category--(i) DAS allocation. A
vessel fishing under the Large Mesh Individual DAS category shall be
allocated a DAS increase of 12 percent in year 1 and 36 percent in year
2 and beyond over the DAS allocations specified in paragraph (b)(1)(i)
of this section (this includes the proration factor for 1996). To be
eligible to fish under the Large Mesh Individual DAS category, a
vessel, while fishing under this category, must fish with gillnet gear
with a minimum size of 7-inch (17.78 cm) diamond mesh or with trawl
gear with a minimum mesh size of 8-inch (20.32 cm) diamond mesh, for
the entire year, as described under Sec. 648.80(a)(2)(ii), (b)(2)(ii),
and (c)(2)(ii).
* * * * *
(d) * * *
(2) Appeal of DAS allocation--(i) Initial allocations of individual
DAS to those vessels authorized to appeal under paragraph (c) of this
section may be appealed to the Regional Administrator if a request to
appeal is received by the Regional Administrator no later than August
31, 1996, or 30 days after the initial allocation is made, whichever is
later. Any such appeal must be in writing and be based on one or more
of the following grounds:
* * * * *
(g) Spawning season restrictions. A vessel issued a valid Small
Vessel permit under paragraph (b)(3) of this section may not fish for,
possess, or land regulated species from March 1 through March 20 of
each year. Any other vessel issued a limited access multispecies permit
must declare out and be out of the regulated NE multispecies fishery
for a 20-day period between March 1 and May 31 of each calendar year
using the notification requirements specified in Sec. 648.10. If a
vessel owner has not declared and been out for a 20-day period between
March 1 and May 31 of each calendar year on or before May 12 of each
year, the vessel is prohibited from fishing for, possessing or landing
any regulated species during the period May 12 through May 31,
inclusive. If a vessel has taken a spawning season 20-day block out of
the NE multispecies fishery during May 1996, it shall not be required
to take a 20-day block out of the multispecies fishery in 1997.
Beginning January 1, 1998, any such vessel must comply with the
spawning season restriction as specified in this part.
* * * * *
19. In Sec. 648.86, paragraph (a)(2)(iii) is revised, paragraph (b)
is removed, and paragraph (c) redesignated as paragraph (b) to read as
follows.
Sec. 648.86 Possession restrictions.
(a) * * *
(2) * * *
(iii) From July 1 through December 31, scallop dredge vessels or
persons owning or operating a scallop dredge vessel that is fishing
under a scallop DAS allocated under Sec. 648.53 may land or possess on
board up to 300 lb (136.1 kg) of haddock provided that the vessel has
at least one standard tote on board. This restriction does not apply to
vessels issued NE multispecies Combination Vessel permits that are
fishing under a multispecies DAS. Haddock on board a vessel subject to
this possession limit must be separated from other species of fish and
stored so as to be readily available for inspection.
20. In Sec. 648.90, paragraph (a)(3) is revised to read as follows:
Sec. 648.90 Framework specifications.
(a) * * *
(3) The NEFMC shall review the recommended target TACs and all of
the options developed by the MSMC and other relevant information,
consider public comment, and develop a recommendation to meet the NE
Multispecies FMP objective that is consistent with the other applicable
law. If the NEFMC does not submit a recommendation that meets the NE
Multispecies FMP objectives and is consistent with other applicable
law, the Regional Administrator may adopt any option developed by the
MSMC, unless rejected by the NEFMC, as specified in paragraph (a)(6) of
this section, provided the option meets the NE Multispecies FMP
objective and is consistent with other applicable law.
* * * * *
21. In Sec. 648.100, paragraph (b)(8) is revised to read as
follows:
Sec. 648.100 Catch quotas and other restrictions.
* * * * *
(b) * * *
(8) Adjustments to the exempted area boundary and season specified
in
[[Page 14651]]
Sec. 648.104(b)(1) by 30-minute intervals of latitude and longitude and
2-week intervals, respectively, based on data specified in paragraph
(a) of this section to prevent discarding of sublegal sized summer
flounder in excess of 10 percent, by weight.
* * * * *
22. In Sec. 648.106, the introductory text is revised to read as
follows:
Sec. 648.106 Sea Turtle conservation.
This section will be suspended during the effectiveness of any
temporary regulations issued to regulate incidental take of sea turtles
in the summer flounder fishery under authority of the ESA under parts
217, 222, 227 of this title. Such suspensions and temporary regulations
will be issued by publication in the Federal Register and will be
effective for a specified period of time, not to exceed 1 year.
* * * * *
PART 648--[NOMENCLATURE CHANGE]
23. In part 648, all references to ``Regional Director'' are
revised to read ``Regional Administrator.''
[FR Doc. 97-7714 Filed 3-24-97; 4:22 pm]
BILLING CODE 3510-22-P