[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Rules and Regulations]
[Pages 37154-37157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18117]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 970318057-7158-02; I.D. 022097C]
RIN 0648-AJ42


Fisheries of the Northeastern United States; Fishery Management 
Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries (FMP); 
Recreational Measures for the 1997 Summer Flounder Fishery

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

ACTION: Final rule and correction.

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SUMMARY: NMFS issues this rule to amend the regulations implementing 
the

[[Page 37155]]

Fishery Management Plan for the Summer Flounder, Scup, and Black Sea 
Bass Fisheries (FMP) in order to implement management measures for the 
1997 summer flounder recreational fishery. The measures include no 
closed season, a possession limit of ten fish per person, and a minimum 
fish size of 14.5 inches (36.8 cm). The intent of this rule is to 
comply with implementing regulations for the fishery that require NMFS 
to publish measures for the current fishing year that will prevent 
overfishing of the resource. This rule also makes minor technical 
changes to 50 CFR part 648 that are unrelated to implementing these 
management measures.

DATES: Effective July 8, 1997.

ADDRESSES: Copies of the Environmental Assessment and supporting 
documents used by the Monitoring Committee are available from: 
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, 
Federal Building, 300 S. New Street, Dover, DE 19901-6790.

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy 
Analyst, (508) 281-9221.

SUPPLEMENTARY INFORMATION: The FMP was developed jointly by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States 
Marine Fisheries Commission (Commission), in consultation with the New 
England and South Atlantic Fishery Management Councils. Implementing 
regulations for the fishery are found at 50 CFR part 648.
    Section 648.100 outlines the process for determining annual 
commercial and recreational catch quotas and other restrictions for the 
summer flounder fishery. Pursuant to Sec. 648.100, the Administrator, 
Northeast Region, NMFS, implements measures for the fishing year to 
ensure achievement of the fishing mortality rate specified in the FMP. 
This document announces the following measures pertaining to the 
recreational fishery, which are unchanged from the proposed measures 
that were published in the Federal Register on April 8, 1997 (62 FR 
16753): (1) No closed season, (2) a possession limit of ten fish per 
person, and (3) a minimum fish size of 14.5 inches (36.8 cm).

Comments and Responses

    One comment from North Carolina concerning the proposed measures 
was received during the public comment period, which ended May 8, 1997.
    Comment: North Carolina does not support the 14.5 inch (36.8 cm) 
minimum fish size for three reasons: It is incompatible with the size 
requirements in its summer flounder commercial fishery and its southern 
flounder fishery; the larger size limit discriminates against southern 
states, where the size limit has more of an impact than the bag limit; 
and the increase of 0.5 inch (1.3 cm) in minimum size creates 
enforcement problems.
    Response: NMFS disagrees that the size limit for the commercial and 
recreational fishery must be the same. Management measures such as bag 
limits and fish sizes are established to achieve a harvest limit for a 
segment of the fishery. Since each segment (commercial and 
recreational) has differing harvest limits, different management 
measures were found to be appropriate for each.
    The comment states that the size limit has a greater impact than 
the bag limit for the southern states. NMFS agrees with this statement. 
The size limit should have a greater impact (in reaching the required 
reduction in harvest) than the bag limit in the northern states as 
well. The Council and Commission, in making their recommendation to 
NMFS, noted that, due to the projected overage of the harvest limit in 
1996, some reductions in recreational catch are necessary to reach the 
1997 harvest limit, which is the same as the 1996 limit. Since the 
recreational sector was not constrained by the bag limit in 1996, the 
Council and Commission decided to meet the reduction by increasing the 
size limit. The bag limit has been increased to prevent a decrease in 
participation in the recreational fishery.
    The comment letter indicates that an enforcement officer could not 
easily issue a citation for a fish between 14.0 (35.6 cm) and 14.5 
inches (36.8 cm). NMFS does not believe that an enforcement officer 
would have any difficulty in making such a measurement.

Changes from the Proposed Rule

    This rule also makes minor technical changes to 50 CFR part 648, 
Fisheries of the Northeastern United States, that are unrelated to 
implementing the above management measures. These technical changes 
were not included in the proposed rule. These revisions merely correct 
omissions and errors that occurred in making earlier revisions to the 
consolidated Northeast fisheries regulations.
    In Sec. 648.12, paragraphs (a) through (c) are added, as they were 
inadvertently deleted during the publication of the final rule 
implementing management measures for the black sea bass fishery.
    In Sec. 648.14, paragraph (a)(103) was omitted during the 
consolidation of the regulations of the Fisheries of the Northeastern 
United States and is added.
    In Sec. 648.14, paragraph (c)(1), an error was made in the 
reference to Sec. 648.86(c) and is corrected. Also in paragraph (c), 
paragraphs (11), (12), (13), (15), (18) and (19), the references to 
Sec. 648.82(j) are incorrect, because this final rule redesignate 
Sec. 648.82(j) to (k). These references are corrected to reflect that 
redesignation.
    In Sec. 648.52, paragraph (a), a spelling error is corrected.
    In Sec. 648.73, paragraphs (a)(2) and (3), errors were made in the 
notation of coordinates and are corrected.
    In Sec. 648.82, a second paragraph (j) was added, inadvertently 
overwriting an original paragraph (j). Paragraph (j) is redesignated as 
(k) and the original (j) is added. In paragraph (k), references to (j) 
are revised to reflect its redesignation.
    In Sec. 648.86, paragraph (b) and (d) are duplicates. Paragraph (b) 
is deleted and paragraphs (c) and (d) are redesignated as (b) and (c).

Classification

    This rule implements management measures for the recreational 
summer flounder fishery that will enhance the effectiveness of the FMP.
    The measures contained in this rule have already been implemented 
by the applicable states under the Atlantic Coastal Fishery Cooperative 
Management Act. Consequently, Federal permit holders are already 
subject to the measures. Since all affected entities are already 
subject to the measures, it is unnecessary under 5 U.S.C. 553(d)(3) to 
delay the effective date of this rule for 30 days. Accordingly, since 
the fishery has already started, the rule is being made effective upon 
the date of filing for public inspection at the Office of the Federal 
Register.
    This action is authorized by 50 CFR part 648.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    When this rule was proposed, 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 action would not have a significant economic impact on a 
substantial number of small entities, such as the charter boats and 
head boats that participate in the recreational fishery. The reasons 
were published in the proposed rule and are not repeated here. No 
comments were received concerning

[[Page 37156]]

this determination. As a result, no regulatory flexibility analysis was 
prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 3, 1997.
David L. Evans,
Deputy 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. 648.12, paragraphs (a) through (c) are added to read as 
follows:


Sec. 648.12  Experimental fishing.

* * * * *
    (a) The Regional Administrator may not grant such an exemption 
unless he/she determines that the purpose, design, and administration 
of the exemption is consistent with the management objectives of the 
respective FMP, the provisions of the Magnuson-Stevens Act, and other 
applicable law, and that granting the exemption will not:
    (1) Have a detrimental effect on the respective resources and 
fishery;
    (2) Cause any quota to be exceeded; or
    (3) Create significant enforcement problems.
    (b) Each vessel participating in any exempted experimental fishing 
activity is subject to all provisions of the respective FMP, except 
those necessarily relating to the purpose and nature of the exemption. 
The exemption will be specified in a letter issued by the Regional 
Administrator to each vessel participating in the exempted activity. 
This letter must be carried on board the vessel seeking the benefit of 
such exemption.
    (c) Experimental fishing for surf clams or ocean quahogs will not 
require an allocation permit.
    3. In Sec. 648.14, paragraph (a)(103) is added, and paragraphs 
(c)(1), (11), (12), (13), (15), (18), and (19) are revised to read as 
follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (103) Sell, barter, trade or transfer, or attempt to sell, barter, 
trade or otherwise transfer, other than transport, any multispecies, 
unless the dealer or transferee has a dealer permit issued under 
Sec. 648.6.
* * * * *
    (c) * * *
    (1) Fish for, possess at any time during a trip, or land per trip 
more than the possession limit of regulated species specified in 
Sec. 648.86(c) after using up the vessel's annual DAS allocation or 
when not participating in the DAS program pursuant to Sec. 648.82, 
unless otherwise exempted under Sec. 648.82(b)(3) or Sec. 648.89.
* * * * *
    (11) If the vessel has been issued a limited access multispecies 
permit and fishes under a multispecies DAS, fail to comply with gillnet 
requirements and restrictions specified in Sec. 648.82(k).
    (12) If the vessel has been issued a limited access Day gillnet 
category designation, fail to comply with the restriction and 
requirements specified in Sec. 648.82(k)(1).
    (13) If the vessel has been issued a Day gillnet category 
designation, fail to remove gillnet gear from the water as described in 
Sec. 648.82(g) and Sec. 648.82(k)(1)(iv).
* * * * *
    (15) Produce, or cause to be produced, gillnet tags under 
Sec. 648.82(k)(1) without the written confirmation from the Regional 
Administrator described in Sec. 648.82(k)(1)(ii).
* * * * *
    (18) If the vessel has been issued a Trip gillnet category 
designation, fail to comply with the restrictions and requirements 
specified in Sec. 648.82(k)(2).
    (19) Fail to comply with the exemption specifications as described 
in Sec. 648.86(b)(2).
* * * * *
    4. In Sec. 648.52, 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. 648.10, or that 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 possessing 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.
* * * * *
    5. In Sec. 648.73, paragraphs (a)(2) and (3) are revised to read as 
follows:


Sec. 648.73  Closed areas.

    (a) * * *
    (2) New York Bight. The polluted area and waste disposal site known 
as the ``New York Bight'' 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.31'00'' 
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 site known as the ``106 
Dumpsite'' and located between 38 deg.40'00'' and 39 deg.00'00'' N. 
lat., and between 72 deg.00'00'' and 72 deg.30'00'' W. long.
* * * * *
    6. In Sec. 648.82, paragraph (j) added at 62 FR 15388 on April 1, 
1997, is redesignated as (k), and newly designated (k)(1)(i) and (iv) 
are revised to read as follows.


Sec. 648.82  Effort-control program for limited access vessels.

* * * * *
    (k) * * *
    (1) * * *
    (i) Number and size of nets. Vessels may not fish with, haul, 
possess, or deploy more than 80 roundfish gillnets or 160 flatfish 
gillnets. Vessels may fish any combination of roundfish and flatfish 
gillnets, up to 160 nets, provided that the number of roundfish and 
flatfish gillnets does not exceed the limitations specified in this 
subparagraph, and the nets are tagged in accordance with paragraph 
(k)(1)(ii) of this section. Nets may not be longer than 300 ft (91.44 
m), or 50 fathoms, in length.
* * * * *
    (iv) Declaration of time out of the gillnet fishery. (A) During 
each fishing year, vessels must declare, and take, a total of 120 days 
out of the multispecies gillnet fishery. Each period of time declared 
and taken must be a minimum of 7 consecutive days. At least 21 days of 
this time must be taken between June 1 and September 30 of each fishing 
year. The spawning season time out period required by Sec. 648.82(g) 
will be credited toward the 120-days time out of the multispecies 
gillnet fishery. If a vessel owner has not declared and taken, any or 
all of the remaining periods of time required by the last possible date 
to meet these requirements, the vessel is prohibited from fishing for, 
possessing, or landing regulated multispecies harvested with gillnet 
gear, or from having gillnet gear on board the vessel that is not 
stowed in accordance with

[[Page 37157]]

Sec. 648.81(e)(4), while fishing under a multispecies DAS, from that 
date through the end of the period between June 1 and September 30, or 
through the end of the fishing year, as applicable.
    (B) Vessels shall declare their periods of required time out 
following the notification procedures specified in Sec. 648.10(f)(2).
    (C) During each period of time declared out, a vessel is prohibited 
from fishing with non-exempted gillnet gear. However, the vessel may 
fish in an exempted fishery as described in Sec. 648.80, or it may fish 
under a multispecies DAS provided it fishes with gear other than non-
exempted gillnet gear.
* * * * *
    7. In Sec. 648.86 as published at 62 FR 15388 on April 1, 1997, 
instruction 12 is revised to read as follows:
    ``12. In Sec. 648.86, paragraph (a)(1) is revised and paragraphs 
(c) and (d) are added to read as follows:''
    8. In Sec. 648.86, paragraph (b) is redesignated as (c) and present 
paragraph (c) is redesignated as (b); newly redesignated paragraph (b) 
is amended by revising paragraphs (b)(1)(i), (ii) introductory text, 
(iii), and (b)(2); and paragraph (d) is removed to read as follows:


Sec. 648.86  Possession restrictions.

* * * * *
    (b) * * *
    (1) Landing limit north of 42 deg.00' North Latitude. (i) Except as 
provided in paragraph (b)(2) of this section, a vessel fishing under a 
NE multispecies DAS may land up to 1,000 lb (453.6 kg) of cod per day, 
or any part of a day, for each of the first 4 days of a trip, and may 
land up to 1,500 lb (680.4 kg) of cod per day for each day, or any part 
of a day, in excess of 4 consecutive days. A day, for the purposes of 
this paragraph, means a 24-hour period. Vessels calling-out of the 
multispecies DAS program under Sec. 648.10(c)(3) that have utilized 
``part of a day'' (less than 24 hours) may land up to an additional 
1,000 lb (453.6 kg) of cod for that ``part of a day'', however, such 
vessels may not end any subsequent trip with cod on board within the 
24-hour period following the beginning of the ``part of the day'' 
utilized (e.g., a vessel that has called-in to the multispecies DAS 
program at 3 p.m. on a Monday and ends its trip the next day (Tuesday) 
at 4 p.m. (accruing a total of 25 hours) may legally land up to 2,000 
lb (907.2 kg) of cod on such a trip, but the vessel may not end any 
subsequent trip with cod on board until after 3 p.m. on the following 
day (Wednesday)). Cod on board a vessel subject to this landing limit 
must be separated from other species of fish and stored so as to be 
readily available for inspection.
    (ii) A vessel subject to the cod landing limit restrictions 
described in paragraph (b)(1)(i) of this section may come into port 
with and offload cod in excess of the landing limit as determined by 
the number of DAS elapsed since the vessel called into the DAS program, 
provided that:
    (A) * * *
    (B) * * *
    (iii) A vessel that has not exceeded the cod landing limit 
restrictions described in paragraph (b)(1)(i) of this section and that 
is offloading some or all of its catch without calling out of the 
multispecies DAS program under Sec. 648.10(c)(3), is subject to the 
call-in requirement described in paragraph (b)(1)(ii)(B) of this 
section.
    (2) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (b)(1) when 
fishing south of 42 deg.00' N. lat., provided that it does not fish 
north of this exemption area for a minimum of 30 consecutive days (when 
fishing under the multispecies DAS program), and has on board an 
authorization letter issued by the Regional Administrator. Vessels 
exempt from the landing limit requirement may transit the GOM/GB 
Regulated Mesh Area north of the 42 deg.00' N. lat., provided that 
their gear is stowed in accordance with one of the provisions of 
Sec. 648.81(e).
    9. In Sec. 648.103, paragraph (b) is revised to read as follows:


Sec. 648.103  Minimum fish sizes.

* * * * *
    (b) The minimum size for summer flounder is 14.5 inches (36.8 cm) 
TL for all vessels that do not qualify for a moratorium permit, and 
party and charter boats holding moratorium permits, but fishing with 
passengers for hire or carrying more than three crew members, if a 
charter boat, or more than five crew members, if a party boat.
* * * * *
    10. In Sec. 648.105, the first sentence of paragraph (a) is revised 
to read as follows:


Sec. 648.105  Possession restrictions.

    (a) No person shall possess more than ten summer flounder in, or 
harvested from, the EEZ unless that person is the owner or operator of 
a fishing vessel issued a summer flounder moratorium permit or is 
issued a summer flounder dealer permit. * * *
* * * * *
[FR Doc. 97-18117 Filed 7-8-97; 4:19 pm]
BILLING CODE 3510-22-F