[Federal Register Volume 62, Number 89 (Thursday, May 8, 1997)]
[Rules and Regulations]
[Page 25138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11837]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 960805216-7098-05; I.D. 041097D]
RIN 0648-AH06
Fisheries of the Northeastern United States; Technical Amendment
for the Black Sea Bass Fishery
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 a section
of the regulations implementing gear restrictions in the black sea bass
fishery, which were implemented as a result of Amendment 9 to the
Fishery Management Plan for the Summer Flounder, Scup, and Black Sea
Bass Fisheries (FMP).
EFFECTIVE DATE: May 7, 1997.
FOR FURTHER INFORMATION CONTACT: Dana Hartley, Fishery Management
Specialist, 508-281-9226.
SUPPLEMENTARY INFORMATION: The final rule implementing Amendment 9 to
the FMP was published on November 15, 1996 (61 FR 58461). Among other
management measures implemented for the black sea bass fishery, the
final rule implemented gear restrictions for industry members who fish
with pot and trap gear. After publication of the final rule, Mid-
Atlantic Fishery Management Council (Council) staff and industry
members contacted NMFS to state that several provisions in the
regulations implementing the pot and trap restrictions did not
accurately reflect the measures specified in Amendment 9 and, as
written, were unworkable.
The amendment includes a provision that pots and traps used in the
black sea bass fishery must contain a minimum escape vent of one of the
following dimensions: 1.125 inches (2.86 cm) by 5.75 inches (14.61 cm);
or a circular vent 2 inches (5.08 cm) in diameter; or a square vent
with sides of 1.5 inches (3.81 cm), inside measure. Amendment 9 allows
that pots and traps constructed of wooden laths may comply with this
requirement by having one set of laths spaced at least 1.125 inches
(2.86 cm) apart in the parlor portion of the trap. The regulatory
language in the final rule did not stipulate that the lath spacing is
an option that would satisfy the escape vent requirement in wooden
traps.
Amendment 9 also contains a requirement that black sea bass pots or
traps must have a rectangular opening that measures at least 3.0 inches
(7.62 cm) by 6.0 inches (15.24 cm) covered by a panel affixed with
degradable fasteners (a ghost panel). The regulatory text describing
this requirement is confusing and has been reorganized.
These modifications will make the trap and pot gear requirements
for the black sea bass fishery consistent with the Council's intent as
stated in Amendment 9.
Classification
Because this rule only corrects and clarifies an existing set of
regulations for which full prior notice and opportunity for comment
were provided under 5 U.S.C. 553(b)(B), it is unnecessary to provide
such procedures for this rule. Because this rule imposes no new
requirements on anyone subject to these regulations and relieves a
restriction, it is not subject to the 30-day delay in effective date
provisions of 5 U.S.C. 553(d).
This rule is exempt from review under E.O. 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 1, 1997.
Nancy Foster,
Acting 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. 648.144, paragraph (b) is revised to read as follows:
Sec. 648.144 Gear restrictions.
* * * * *
(b) Pot and trap gear restrictions--(1) Gear marking. The owner of
a vessel issued a black sea bass moratorium permit must mark all black
sea bass pots or traps with the vessel's USCG documentation number or
state registration number.
(2) Escape vents. All black sea bass traps or pots must have an
escape vent placed in a lower corner of the parlor portion of the pot
or trap which complies with one of the following minimum sizes: 1.125
inches (2.86 cm) by 5.75 inches (14.61 cm); or a circular vent 2 inches
(5.08 cm) in diameter; or a square vent with sides of 1.5 inches (3.81
cm), inside measure; however, black sea bass traps or pots constructed
of wooden laths may instead have an escape vent constructed by leaving
a space of at least 1.125 inches (2.86 cm) between one set of laths in
the parlor portion of the trap. The dimensions for escape vents and
lath spacing may be adjusted pursuant to the procedures in
Sec. 648.140.
(3) Ghost panel. Black sea bass traps or pots must contain a ghost
panel affixed to the trap or pot with degradable fasteners and hinges.
The opening to be covered by the ghost panel must measure at least 3.0
inches (7.62 cm) by 6.0 inches (15.24 cm). The ghost panel must be
affixed to the pot or trap with hinges and fasteners made of one of the
following degradable materials:
(i) Untreated hemp, jute, or cotton string of 3/16 inches (4.8 mm)
diameter or smaller; or
(ii) Magnesium alloy, timed float releases (pop-up devices) or
similar magnesium alloy fasteners; or
(iii) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm)
diameter or smaller.
[FR Doc. 97-11837 Filed 5-7-97; 8:45 am]
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