[Federal Register Volume 62, Number 194 (Tuesday, October 7, 1997)]
[Rules and Regulations]
[Pages 52273-52275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26469]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket Nos. 970214031-7031-01, I.D. 011697C and 970324064-7064-01, 
I.D. 021997B]


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 16; Framework Adjustment 23; 
Correction

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

ACTION: Correction to final rules.

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SUMMARY: On March 3, 1997, NMFS published a final rule to implement 
measures contained in Framework Adjustment 16 to the Northeast 
Multispecies Fishery Management Plan (FMP) and on April 1, 1997, NMFS 
published a final rule to implement measures contained in Framework 
Adjustment 23 to the Northeast Multispecies FMP. Because of the 
effective dates of the implementing regulations for both of these 
frameworks, Framework Adjustment 16 regulatory text inadvertently 
superseded Framework Adjustment 23 regulatory text. This action 
corrects those sections of the regulatory text inadvertently superseded 
by Framework Adjustment 16.

DATES: Effective April 2, 1997.

FOR FURTHER INFORMATION CONTACT: Mary Tokarcik, (978) 281-9300.

SUPPLEMENTARY INFORMATION:

Background

    On March 3, 1997 (62 FR 9377), NMFS published a final rule 
implementing measures contained in Framework Adjustment 16 to the 
Northeast Multispecies FMP. This rule prohibited the use of all 
gillnets capable of catching Northeast multispecies during the periods 
to which the harbor porpoise time/area closures are in effect, unless 
the gillnet meets certain specifications. The intent of this action was 
to restrict the use of small-mesh pelagic gillnets, which were exempt 
from the multispecies regulations, to avoid increasing the risk of 
harbor porpoise entanglements, but still allow a traditional bait 
fishery to continue by specifying the size and method of deployment of 
the gear. That final rule became effective on April 2, 1997.
    On April 1, 1997 (62 FR 15425), NMFS published a final rule that 
closed Federal waters during specified periods to vessels fishing with 
sink gillnet gear and other gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnets in parts of 
the specified right whale critical habitats areas. The intent of the 
action was to restrict multispecies fishing activities which have been 
determined to jeopardize the continued existence of the northern right 
whale. That final rule became effective upon filing on March 27, 1997.

[[Page 52274]]

Need for the Correction

    The final rules published in the Federal Register on March 3 and 
April 1, 1997, both amended Secs. 648.14(a)(89) and 648.87 (a) and (b). 
NMFS' intent was to have the rule published on April 1 for Framework 
Adjustment 23 supersede portions of the measures contained in the rule 
published on March 3 for Framework Adjustment 16. However, due to an 
administrative oversight, the rule implementing the management measures 
contained in Framework Adjustment 23 became effective on March 27, 
1997, prior to the effective date (April 2, 1997) of the final rule 
implementing the management measures contained in Framework Adjustment 
16. Therefore, portions of the regulations implementing Framework 
Adjustment 16 unintentionally superseded the regulations implementing 
Framework Adjustment 23.
    Effective April 2, 1997, this document corrects the regulatory text 
contained in portions of the March 3 rule (Framework Adjustment 16) to 
reflect the appropriate regulatory language from the April 1 rule 
(Framework Adjustment 23). Therefore, this document corrects 
Secs. 648.14(a)(89) and 648.87 section heading and paragraphs (a) and 
(b) heading and introductory text to restore that text to that intended 
by NMFS.

Correction

    Accordingly, publication on March 3, 1997, of the final regulations 
(I.D. 011697C), which was the subject of FR Doc. 97-4907, is corrected 
as follows:
    On page 9379, in the first column, under amendatory instruction 3, 
in Sec. 648.14, paragraph (a)(89) is corrected to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (89) Fail to remove, use, set, haul back, fish with, or possess on 
board a vessel, unless stowed in accordance with Sec. 648.81(e)(4), 
sink gillnet gear and other gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(f)(2)(ii)), in the areas and for the times 
specified in Sec. 648.87 (a) and (b), except as provided in 
Secs. 648.81(f)(2)(ii) and 648.87 (a) and (b), or unless otherwise 
authorized in writing by the Regional Administrator.
* * * * *
    On page 9379, in the second column, amendatory instruction 5 and 
the regulatory text are corrected to read as follows:
    5. Section 648.87 is amended by revising the section heading and 
paragraphs (a) and (b) to read as follows:


Sec. 648.87  Gillnet requirements to reduce or prevent marine mammal 
takes.

    (a) Areas closed to gillnet gear capable of catching multispecies 
to reduce harbor porpoise takes. Sections 648.81(f) through (h) set 
forth closed area restrictions to reduce the take of harbor porpoise 
consistent with the harbor porpoise mortality reduction goals. Further, 
all persons owning or operating vessels in the EEZ portion of the areas 
and times specified in paragraphs (a) (1) and (2) of this section must 
remove all of their sink gillnet gear and other gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnets 
(as described in Sec. 648.81(f)(2)(ii)), and may not use, set, haul 
back, fish with, or possess on board, unless stowed in accordance with 
the requirements of Sec. 648.81(e)(4), sink gillnet gear or other 
gillnet gear capable of catching multispecies, with the exception of 
single pelagic gillnet gear (as described in Sec. 648.81(f)(2)(ii)) in 
the EEZ portion of the areas and for the times specified in paragraphs 
(a) (1) and (2) of this section. Also, all persons owning or operating 
vessels issued a limited access multispecies permit must remove all of 
their sink gillnet gear and other gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(f)(2)(ii)), from the areas and for the times 
specified in paragraphs (a) (1) and (2) of this section, and, may not 
use, set, haul back, fish with, or possess on board, unless stowed in 
accordance with the requirements of Sec. 648.81(e)(4), sink gillnets or 
other gillnet gear capable of catching multispecies, with the exception 
of single pelagic gillnets (as described in Sec. 648.81(f)(2)(ii)) in 
the areas and for the times specified in paragraphs (a) (1) and (2) of 
this section.
    (1) Mid-coast Closure Area. (i) From March 25 through April 25 and 
from September 15 through December 31 of each fishing year, the 
restrictions and requirements specified in paragraph (a) of this 
section apply to the Mid-coast Closure Area, as defined under 
Sec. 648.81(g)(1), except as provided in paragraph (a)(1)(ii) of this 
section.
    (ii) Vessels subject to the restrictions and regulations specified 
in paragraph (a) of this section may fish in the Mid-coast Closure 
Area, as defined under Sec. 648.81(g)(1), from November 1 through 
December 31 of each fishing year, provided that an acoustic deterrent 
device (``pinger'') is attached at the end of each string of nets and 
at the bridle of every net within a string of nets, and is maintained 
as operational and functioning. Each pinger, when immersed in water, 
must broadcast a 10kHz +/-2kHz sound at 132 dB +/-4dB re 1 micropascal 
at 1 m. This sound must last 300 milliseconds and repeat every 4 
seconds.
    (2) Cape Cod South Closure Area. From March 1 through March 30 of 
each fishing year, the restrictions and requirements specified in 
paragraph (a) of this section apply to the Cape Cod South Closure Area 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request), which is the area bounded by straight 
lines connecting the following points in the order stated.

                       Cape Cod South Closure Area                      
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              Point                    N. latitude        W. longitude  
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CCS1.............................  (\1\)               71 deg.45' W     
CCS2.............................  40 deg.40' N        71 deg.45' W     
CCS3.............................  40 deg.40' N        70 deg.30' W     
CCS4.............................  (\2\)               70 deg.30' W     
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\1\ RI Shoreline.                                                       
\2\ MA Shoreline.                                                       

    (b) Areas closed to gillnet gear capable of catching multispecies 
to prevent right whale takes. All persons owning or operating vessels 
must remove all of their sink gillnet gear and gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnets 
(as described in Sec. 648.81(f)(2)(ii)), from the EEZ portion of the 
areas and for the times specified in (b)(1) and (2) of this section, 
and may not use, set, haul back, fish with, or possess on board, unless 
stowed in accordance with the requirements of Sec. 648.81(e)(4), sink 
gillnet gear or gillnet gear capable of catching multispecies, with the 
exception of single pelagic gillnet gear (as described in 
Sec. 648.81(f)(2)(ii)) in the EEZ portion of the areas and for the 
times specified in paragraphs (b)(1) and (2) of this section.
    (1) Cape Cod Bay Critical Habitat Closure Area. From March 27, 1997 
through May 15, 1997 and from January 1 through May 15 of each 
subsequent year, the restrictions and requirements specified in 
paragraph (b) of this section apply to the Cape Cod Bay Critical 
Habitat Closure Area (copies of a chart depicting this area are 
available from the Regional Administrator upon request), which is the 
area bounded by straight lines connecting the following points in the 
order stated.

[[Page 52275]]



               Cape Cod Bay Critical Habitat Closure Area               
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              Point                    N. latitude        W. longitude  
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CCB1.............................  42 deg.12' N        70 deg.30' W     
CCB2.............................  42 deg.12' N        70 deg.15' W     
CCB3.............................  42 deg.08' N        70 deg.12.4' W   
                                                                        
  Then westerly along the 3 NM state boundary to                        
                                                                        
CCB4.............................  42 deg.08' N        70 deg.30' W     
  Then due north to CCB1                                                
                                                                        
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    (2) Great South Channel Critical Habitat Closure Area. From April 1 
through June 30 of each year, the restrictions and requirements 
specified in paragraph (b) of this section apply to the Great South 
Channel Critical Habitat Closure Area (copies of a chart depicting this 
area are available from the Regional Administrator upon request), which 
is the area bounded by straight lines connecting the following points 
in the order stated.

            Great South Channel Critical Habitat Closure Area           
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             Point                   N. latitude         W. longitude   
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GSC1...........................  41 deg.02.2' N       69 deg.02' W      
GSC2...........................  41 deg.43.5' N       69 deg.36.3' W    
GSC3...........................  42 deg.10' N         68 deg.31' W      
GSC4...........................  41 deg.38' N         68 deg.13' W      
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* * * * *
    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 1, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-26469 Filed 10-6-97; 8:45 am]
BILLING CODE 3510-22-P