[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Proposed Rules]
[Pages 30455-30465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14735]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 980519132-8132-01; I.D.022498F]
RIN 0648-AK49
Magnuson-Stevens Act Provisions; List of Fisheries and Gear, and
Notification Guidelines
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to establish a list of fisheries and fishing
gear used in those fisheries under the authority of each Regional
Fishery Management Council (Council), or the Secretary of Commerce
(Secretary) for Atlantic highly migratory species. NMFS also proposes
guidelines for determining when fishing gear or a fishery is
sufficiently different from those listed to require notification of the
appropriate authority. The list of fisheries and gear and the
guidelines would apply only to fisheries and gear that occur within the
[[Page 30456]]
U.S. Exclusive Economic Zone (EEZ). This proposed rule would also
provide a process by which fishermen can give notification to the
appropriate Council or to the Secretary in order to use a gear that
does not appear on the list of allowable gear types or to participate
in an unlisted fishery. The proposed list and guidelines are required
by the Magnuson-Stevens Fishery and Conservation and Management Act
(Magnuson-Stevens Act), as amended by the Sustainable Fisheries Act
(SFA).
DATES: Comments must be received by July 6, 1998.
ADDRESSES: Comments should be sent to Dr. Gary C. Matlock, Director,
Office of Sustainable Fisheries, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910. Comments regarding the collection-of-information
requirement contained in this rule should be sent to the above address
and to the Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Washington, DC 20503 (Attention: NOAA Desk
Officer).
FOR FURTHER INFORMATION CONTACT: Mark Millikin, NMFS, 301/713-2344.
SUPPLEMENTARY INFORMATION:
Background
This rulemaking is required by the Magnuson-Stevens Act (16 U.S.C.
1801 et seq.), as amended by the SFA, which was signed into law on
October 11, 1996. Section 305(a) of the Magnuson-Stevens Act requires
that the Secretary of Commerce (Secretary), not later than 18 months
after the date of enactment of the SFA, publish in the Federal
Register, after notice and an opportunity for public comment, a list of
fisheries under the authority of each Council and all fishing gear used
in such fisheries. This list is to be based on information submitted by
the Councils under section 303(a) of the Magnuson-Stevens Act, and for
Atlantic highly migratory pelagic fisheries to which section 302(a)(3)
applies. In addition, the Magnuson-Stevens Act requires that the
Secretary include with such a list guidelines for determining when
fishing gear or a fishery is sufficiently different from those listed
as to require fishermen or other individuals to notify a Council or the
Secretary under section 305(a)(3).
List of Fisheries and Gear
As required by the SFA, the Councils submitted to NMFS a list of
fisheries under their authority and the gear types used in each
fishery. Fisheries under a Council's authority include those managed
through a fishery management plan (FMP) and fisheries occurring within
the geographical boundaries of that Council not managed through an FMP.
In addition to these submissions, the List of Fisheries (LOF), as
required by the Marine Mammal Protection Act (MMPA) and published on
February 4, 1998 (63 FR 5748), was used as an additional source of
information to ensure the list of fisheries and gear types was
complete. The result is the proposed list of fisheries and allowable
gear types for all fisheries within the EEZ.
NMFS is not aware of any Treaty Indian tribe or subsistence
fisheries in the EEZ other than those listed in Sec. 600.725(v) of this
proposed rule. This action is not intended to supersede or otherwise
affect exemptions that exist for subsistence or Native American harvest
under Treaty Indian fisheries. However, NMFS is particularly interested
in receiving public comment on this topic.
NMFS is considering the possibility that exceptions to the full 90-
day waiting period, before using a new gear or participating in a new
fishery, may be desirable under certain circumstances. NMFS invites
comments on what conditions might warrant such an expedited review and
approval of a new gear or fishery.
This rule is not intended to affect experimental fisheries
conducted for a year or less elsewhere under Title 50, Chapter VI of
the CFR.
NMFS requests comments regarding the completeness and accuracy of
the proposed list of gear, definitions, and fisheries that may have
been inadvertently left off the proposed list of fisheries and
allowable gear. While gear types were included on the list, methods of
gear deployment were not. This explains the absence of ``gears'' such
as pelagic longline, jig, troll, bottom trawl, otter trawl, or drift
gillnet on the proposed list. For example, ``jig'' and ``troll'' are
considered deployment methods for hook-and-line gear, rather than gear
types. Terms such as ``pelagic,'' ``bottom,'' and ``drift'' are
modifiers that describe where in the water column the specific gear
type is used. Also, ``hand gear'' is included on the list only under
fisheries where it is the only allowed method of harvest--the Caribbean
Queen Conch FMP and the Coral Reef FMPs in the South Atlantic and the
Gulf of Mexico.
Definitions of each gear type were developed to describe and
differentiate among gear used in the fisheries. In order to derive
these definitions of gear types, existing definitions of gear types
were obtained from fishery regulations in Title 50, Chapter VI of the
CFR. Various sources were used to obtain general definitions for gear
types not contained in regulations, including staff of the Councils,
NMFS, and the Interstate Marine Fishery Commissions. Literature sources
and manuals on gear types were also used to obtain gear definitions.
The gear definitions are an important aspect of this activity because
the definitions will determine the specific allowable gear in each
fishery. In addition, the gear definitions have implications for the
guidelines when determining if a particular gear type is sufficiently
different from those listed so as to require notification under section
305(a) of the Magnuson-Stevens Act. General definitions would be added
to section 600.10.
Prohibitions on Use of Unlisted Gear
Listed gear would be allowed to be used only in a manner that is
consistent with existing laws or regulations. The list of fisheries and
allowable gear would not, in any way, alter or supersede any
definitions or regulations contained elsewhere in 50 CFR chapter VI. A
person or vessel would be prohibited from engaging in fishing or
employing fishing gear when such fishing or gear is prohibited or
restricted by regulation under an FMP, as implemented elsewhere in 50
CFR chapter VI, or under other applicable law.
Procedures for Notification of New Gear or Fisheries
Based on comments received on this proposed rule, NMFS will publish
a final rule containing the final list of fisheries and gear used in
those fisheries. One hundred and eighty days after the publication of
the final list of fisheries and gear, no individual or vessel may
employ unlisted fishing gear or participate in an unlisted fishery
without providing notification of intent to the appropriate Council, or
to the Director, Office of Sustainable fisheries, NMFS (Director), in
the case of Atlantic highly migratory species fisheries. Fishermen and
vessels may not participate in unlisted fisheries or use unlisted gear
for a period of 90 days following notification of the Council or the
Director. Required information for adequate notification is listed in
section 600.747(c)(3).
Species Other Than Atlantic Highly Migratory Species
After receiving notification regarding intended participation in an
unlisted fishery or use of unlisted gear, a Council would begin
consideration of the notification and immediately send a copy of the
notification to the appropriate NMFS Regional Administrator (RA). If,
after
[[Page 30457]]
consideration of the notification and accompanying information, a
Council found that the new gear or fishery would not compromise the
effectiveness of conservation and management efforts under the
Magnuson-Stevens Act, it would recommend to the RA that the authorized
list of fisheries and gear be amended, provide rationale and supporting
analysis, and provide a draft proposed rule to amend the authorized
list of fisheries and gear for publication in the Federal Register. If
the Council found that the proposed new gear or fishery would be
detrimental to conservation and management efforts, the Council would
recommend to the RA that the authorized list of fisheries and gear not
be amended, that a proposed rule not be published, give reasons for its
recommendation for a disapproval, and might request NMFS to issue
emergency or interim regulations, and begin preparation of an FMP or
amendment to an FMP, if appropriate.
Based on the information provided in the notification and by the
Council, NMFS would determine if the new gear or fishery would
compromise the effectiveness of conservation and management efforts
under the Magnuson-Stevens Act and whether to publish the proposed rule
to amend the list of fisheries and gear.
If the initial determination were positive, NMFS would publish the
proposed rule, with a 30-day comment period. Following the end of the
comment period, NMFS would either approve or disapprove the change to
the list based on the potential impacts on the effectiveness of
conservation and management efforts. If approved, NMFS would publish a
final rule revising the list, and notify the applicant of the final
approval. If the use of the gear or participation in a fishery were
determined to be detrimental to conservation and management efforts
under the Magnuson-Stevens Act, the proposed addition to the list would
be disapproved, NMFS would notify the applicant and the appropriate
Council of the negative determination and the reasons for the
determination, and might publish emergency or interim regulations in
the Federal Register to prohibit or restrict the use of the unlisted
gear or fishing in the unlisted fishery. Upon notification by NMFS that
the proposed revision had been disapproved, the Council should begin
preparation of an FMP or amendment to an FMP in order to provide
permanent regulations relative to that gear type or fishery.
If the initial determination by NMFS were negative, because use of
the gear or participation in the fishery were likely to compromise
conservation and management efforts under the Magnuson-Stevens Act, and
it were unlikely that additional new information would be gained from a
public comment period, then NMFS would notify the applicant and the
Council of the negative determination and the reasons for that
determination, and might publish emergency or interim regulations in
the Federal Register to prohibit or restrict the use of the unlisted
gear or fishing in the unlisted fishery. The Council should then begin
preparation of an FMP or an amendment to an FMP to provide permanent
regulations relative to that gear type or fishery.
Atlantic Highly Migratory Species
Notification of intent to use an unlisted gear or participate in an
unlisted fishery for Atlantic highly migratory species would be
addressed to the Director. After receiving such notification, a
determination would be made whether the new gear or new fishery would
compromise the effectiveness of conservation and management programs
and whether to publish a proposed rule to amend the list of gear and
fisheries.
If the determination were positive, a proposed rule to amend the
list of gear and fisheries would be published in the Federal Register
for public comment. Following the end of the public comment period,
NMFS would consider comments or new information received relative to
the effect of the new gear or fishery on conservation and management
programs, and would either approve or disapprove the proposed
amendment. If approved, the applicant would be notified, and a final
rule would be published amending the list of fisheries and gear. If
after receiving public comment, NMFS disapproved the proposed
amendment, the applicant would be notified of the disapproval,
including reasons for the disapproval, and NMFS might publish emergency
or interim regulations and subsequently develop or amend the FMP to
prohibit or restrict the use of the unlisted gear or participation in
the unlisted fishery.
If the initial determination were negative, NMFS would notify the
applicant, including the reasons for the disapproval, and might publish
emergency or interim regulations and subsequently develop or amend an
FMP to prohibit or restrict the use of the unlisted gear or
participation in the unlisted fishery.
Issues or Topics of Special Concern
NMFS specifically encourages comments on this proposed rule
regarding the determination of what constitutes a ``different'' gear or
fishery when an individual is attempting to use a new gear or enter a
new fishery not on the proposed list of fisheries and gear. NMFS also
requests comments regarding the types of information that would be
required in the notification that would be submitted to the appropriate
authority. The proposed list of gear by fishery under the Councils, or
the Secretary in the case of Atlantic highly migratory species, appears
at Sec. 600.725.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
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 rule will not have a
significant impact on a substantial number of small entities. This
action does not change the analyses already completed nor the
conclusions made under the Regulatory Flexibility Act (RFA) for any
gear that can be used in a fishery or gear that is prohibited
seasonally, or year round, for any previous rulemakings for fisheries
under 50 CFR parts 600, 622, 630, 640, 644, 648, 649, 654, 660, 678,
and 679. NMFS' guidelines for preparation of economic analyses to
comply with the RFA assume that a ``substantial number'' of small
entities would generally be 20 percent of the total universe of small
entities affected by the regulation. A regulation would have a
``significant impact'' on a substantial number of small entities if any
of the following criteria are met: Annual gross revenues are reduced by
more than 5 percent, total costs of production are increased by more
than 5 percent, compliance costs for small entities are at least 10
percent higher than compliance costs as a percent of sales for large
entities, or the action results in a cessation of business operations
of 2 percent or more of small entities affected by the action. None of
the aforementioned criteria were met by this action. The formalized
list of fisheries currently in the EEZ and gears within those fisheries
does not change any costs or revenues for members of the fishing
industry. The new procedure that will be required before a fisherman
may participate in a new fishery or employ a new gear in an existing
fishery will affect only that small group of
[[Page 30458]]
individuals (about 20 per year) having to comply with the notification
procedure because of reporting requirements associated with it. As a
result, a regulatory flexibility analysis was not prepared for this
action. Any future rule prohibiting or restricting use of gear or
prosecution of a fishery will be analyzed in accordance with the RFA.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA). This collection-of-information
requirement has been submitted to OMB for approval. Public reporting
burden for this collection of information is estimated to average 1
hour per response for Council notification of entry into a new fishery
or use of a new gear in a current fishery, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, 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 collection of information, including
through the use of automated collection techniques or other forms of
information technology. Send comments regarding these burden estimates
or any other aspect of this collection of information, including
suggestions for reducing this burden, to NMFS and OMB (see ADDRESSES).
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a 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.
List of Subjects in 50 CFR Part 600
Administrative practice and procedure, Confidential business
information, Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics.
Dated: May 27, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 600 is
proposed to be amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
1. The authority citation for part 600 continues to read as
follows:
Authority: 5 U.S.C. and 16 U.S.C. 1801 et seq.
2. In Sec. 600.10, the definition for ``trawl'' is revised and new
definitions for ``allowable chemical,'' ``bandit gear,'' ``barrier
net,'' ``bully net,'' ``buoy gear,'' ``dip net,'' ``dredge,''
``handline,'' ``hoop net,'' ``lampara net,'' ``longline,'' ``pair
trawl,'' ``powerhead,'' ``purse seine,'' ``rod and reel,'' ``seine,''
``slurp gun,'' ``snare,'' ``spear,'' ``tangle net dredge,'' ``trammel
net,'' and ``trap,'' are added in alphabetical order to read as
follows:
Sec. 600.10 Definitions.
* * * * *
Allowable chemical means a substance, generally used to immobilize
marine life so it can be captured alive, that, when introduced into the
water, does not take Gulf and South Atlantic prohibited coral and is
allowed by Florida for the harvest of tropical fish.
* * * * *
Bandit gear means vertical hook and line gear with rods that are
attached to the vessel when in use. Lines are retrieved by manual,
electric, or hydraulic reels.
Barrier net means a small-mesh net used to capture coral reef
fishes.
Bully net means a circular frame attached at right angles to a pole
and supporting a conical bag of webbing.
Buoy gear means fishing gear consisting of a float and one or more
weighted lines suspended therefrom, generally long enough to reach the
bottom. A hook or hooks are on the lines at or near the end. The float
and line(s) drift freely and are retrieved periodically to remove catch
and rebait hooks.
* * * * *
Dip net means a small mesh bag, sometimes attached to a handle,
shaped and framed in various ways. It is operated by hand or partially
by mechanical power to capture the fish by a scooping motion.
* * * * *
Dredge means a gear consisting of a mouth frame attached to a
holding bag constructed of metal rings or mesh.
* * * * *
Handline means fishing gear that is set and pulled by hand and
consists of one vertical line to which may be attached leader lines
with hooks.
* * * * *
Hoop net means a frame, circular or otherwise, supporting a shallow
bag of webbing and suspended by a line and bridles.
* * * * *
Lampara net means a surround net with the sections of netting made
and joined to create bagging. It is hauled with purse rings.
Longline means a line that is deployed horizontally and to which
gangions and hooks or pots are attached. Longlines can be stationary,
anchored, or buoyed lines that may be hauled manually, electrically, or
hydraulically.
* * * * *
Pair trawl means a cone or funnel-shaped net that is towed through
the water by two boats simultaneously.
* * * * *
Powerhead means any device with an explosive charge, usually
attached to a spear gun, spear, pole, or stick, that may or may not
fire a projectile upon contact.
* * * * *
Purse seine means a floated and weighted encircling net that is
closed by means of a drawstring threaded through rings attached to the
bottom of the net.
* * * * *
Rod and reel means a hand-held (including rod holder) fishing rod
with a manually or electrically operated reel attached.
* * * * *
Seine means a net with a small conical bag and long narrow wings,
that is rigged with floats and weights.
Slurp gun means tube-shaped suction device that operates somewhat
like a syringe by sucking up the fish into a holding bag.
Snare means a device consisting of a pole to which is attached a
line forming at its end a loop with a running knot that tightens around
the fish when the line is pulled.
Spear means a sharp, pointed, or barbed instrument on a shaft.
Spears can be operated manually or shot from a gun or sling.
* * * * *
Tangle net dredge means dredge gear consisting of weights and
flimsy netting that hangs loosely in order to immediately entangle
fish.
* * * * *
Trammel net means a net consisting of two or more panels of
netting, suspended vertically in the water column by a common float
line and a
[[Page 30459]]
common weight line. One panel of netting has a larger mesh size than
the other(s) in order to entrap fish in a pocket.
* * * * *
Trap means a portable, enclosed device with one or more gates or
entrances and one or more lines attached to surface floats. Also called
a pot.
Trawl means a cone or funnel-shaped net that is towed through the
water.
* * * * *
3. In Sec. 600.725, paragraph (v) is added to read as follows:
Sec. 600.725 General prohibitions.
* * * * *
(v) The use of any gear or participation in a fishery not on the
following list of authorized fisheries and gear is prohibited after
[date 180 days after the date of publication of the final rule]. Listed
gear can only be used in a manner that is consistent with existing laws
or regulations. The list of fisheries and allowable gear does not, in
any way, alter or supersede any definitions or regulations contained
elsewhere in this chapter. A person or vessel is prohibited from
engaging in fishing or employing fishing gear when such fishing or gear
is prohibited or restricted by regulation under an FMP or under other
applicable law. However, after [date 180 days after the date of
publication of the final rule], an individual fisherman may notify the
appropriate Council, or the Assistant Administrator in the case of
Atlantic highly migratory species, of the intent to use a gear or
participate in a fishery not already on this list. Ninety days after
such notification, the individual may use the gear or participate in
that fishery unless regulatory action is taken to prohibit the use of
the gear or participate in the fishery (e.g., through emergency or
interim regulations). The list of authorized fisheries and gear is as
follows:
------------------------------------------------------------------------
Fishery Allowable gear types
------------------------------------------------------------------------
New England Fishery Management Council (NEFMC)
------------------------------------------------------------------------
Atlantic Sea Scallops Fishery Management Plan
FMP:
A. Dredge fishery........................ A. Dredge.
B. Trawl fishery......................... B. Trawl.
Atlantic Salmon FMP.......................... No harvest/possession in
the EEZ.
Northeast (NE) Multispecies FMP:
A. NE Multispecies Sink Gillnet.......... A. Gillnet.
B. North Atlantic bottom trawl........... B. Trawl.
C. Groundfish hook and line.............. C. Longline, handline.
D. Mixed species trap/pot................ D. Trap/pot.
E. Dredge fishery........................ E. Dredge.
F. Seine fishery......................... F. Seine.
G. Recreational fishery.................. G. Rod and reel,
handline, spear.
American Lobster FMP:
A. Lobster pot/trap...................... A. Pot, trap.
B. North Atlantic bottom trawl........... B. Trawl.
C. Coastal/inshore gillnet............... C. Gillnet.
D. Dredge fishery........................ D. Dredge.
E. Recreational fishery.................. E. Pot, trap.
Atlantic Herring Preliminary Fishery
Management Plan:
A. Coastal herring trawl................. A. Trawl.
B. Atlantic herring purse seine.......... B. Purse seine.
C. Coastal/inshore gillnet............... C. Gillnet.
D. Herring pair trawl fishery............ D. Pair trawl.
E. Recreational fishery.................. E. Hook and line.
Dogfish Fishery (Non-FMP):
A. Gillnet fishery....................... A. Gillnet.
B. Trawl fishery......................... B. Trawl.
Atlantic Bluefish (FMP managed by MAFMC):
A. Pelagic longline/hook and line........ A. Longline, handline.
B. Seine fishery......................... B. Purse seine, seine.
C. Mixed species pot/trap fishery........ C. Pot, trap.
D. Bluefish, croaker, flounder trawl..... D. Trawl.
E. Pelagic drift gillnet fishery......... E. Gillnet.
F. Dredge fishery........................ F. Dredge.
G. Recreational fishery.................. G. Rod and reel,
handline, trap, pot.
Atlantic Mackerel, Squid and Butterfish
Fishery (FMP managed by the MAFMC):
A. Mackerel, squid, butterfish trawl..... A. Trawl.
B. Pelagic drift gillnet................. B. Gillnet.
C. Pelagic longline/hook and line........ C. Longline, handline.
D. Purse seine fishery................... D. Purse seine.
E. Mixed species pot/trap fishery........ E. Pot, trap.
F. Dredge fishery........................ F. Dredge.
G. Recreational fishery.................. G. Rod and reel,
handline, pot.
Atlantic Menhaden Purse Seine (Non-FMP)...... Purse seine.
Atlantic Halibut Fishery (Non-FMP)........... Longline.
Weakfish Fishery (Non-FMP):
A. Commercial fishery.................... A. Trawl, gillnet, hook
and line.
B. Recreational fishery.................. B. Hook and line.
Atlantic Mussel/Sea Urchin Dredge Fishery Dredge.
(Non-FMP).
Atlantic Skate Fishery:
A. Trawl fishery......................... A. Trawl.
B. Gillnet fishery....................... B. Gillnet.
[[Page 30460]]
Crab Fishery (Non-FMP)....................... Pot.
Northern Shrimp Fishery:
A. Shrimp trawl fishery.................. A. Trawl.
B. Shrimp pot fishery.................... B. Pot.
Monkfish Fishery (Non-FMP):
A. Trawl fishery......................... A. Trawl.
B. Gillnet fishery....................... B. Gillnet.
Summer Flounder, Scup, Black Sea Bass Fishery
(FMP managed by MAFMC):
A. Bluefish, croaker, flounder trawl..... A. Trawl.
B. Pelagic longline/hook and line........ B. Longline, handline.
C. Mixed species pot/trap fishery........ C. Pot, trap.
D. Pelagic drift gillnet fishery......... D. Gillnet.
E. Recreational fishery.................. E. Rod and reel,
handline, pot, trap.
------------------------------------------------------------------------
Mid-Atlantic Fishery Management Council (MAFMC)
------------------------------------------------------------------------
Summer Flounder, Scup, Black Sea Bass FMP:
A. Bluefish, croaker, flounder trawl..... A. Trawl.
B. Pelagic longline/hook and line........ B. Longline, handline.
C. Mixed species pot/trap fishery........ C. Pot, trap.
D. Pelagic drift gillnet fishery......... D. Gillnet.
E. Recreational fishery.................. E. Rod and reel,
handline, pot, trap.
Atlantic Bluefish FMP:
A. Bluefish, Croaker, Flounder trawl..... A. Trawl.
B. Pelagic longline/hook and............. B. Longline, handline.
C. Mixed species pot/trap fishery........ C. Pot, trap.
D. Pelagic drift gillnet fishery......... D. Gillnet.
E. Seine fishery......................... E. Purse seine, seine.
F. Dredge fishery........................ F. Dredge.
G. Recreational fishery.................. G. Rod and reel,
handline, trap, pot.
Atlantic Mackerel, Squid, and Butterfish FMP:
A. Mackerel, Squid, Butterfish trawl..... A. Trawl.
B. Pelagic drift gillnet................. B. Gillnet.
C. Pelagic longline/hook and............. C. Longline, handline.
D. Purse seine fishery................... D. Purse seine.
E. Mixed species pot/trap fishery........ E. Pot, trap.
F. Dredge fishery........................ F. Dredge.
G. Recreational fishery.................. G. Rod and reel,
handline, pot.
Surf Clam/Ocean Quahog FMP................... Dredge.
Atlantic Sea Scallop Fishery (FMP managed by
NEFMC):
A. Dredge fishery........................ A. Dredge.
B. Trawl fishery......................... B. Trawl.
Atlantic Menhaden Purse Seine Fishery (Non- Purse seine.
FMP).
Northern Shrimp Trawl (Non-FMP).............. Trawl.
American Lobster Fishery (FMP managed by Pot, trap.
NEFMC).
Weakfish fishery (Non-FMP):
A. Commercial fishery.................... A. Trawl, gillnet, hook
and line.
B. Recreational fishery.................. B. Hook and line.
Mixed Species Trawl (Non-FMP)................ Trawl.
Whelk Fishery (Non-FMP):
A. Trawl fishery......................... A. Trawl.
B. Pot/trap fishery...................... B. Pot/trap.
Monkfish Trawl (Non-FMP)..................... Trawl.
Coastal Gillnet Fishery (Non-FMP)............ Gillnet.
Recreational Fishery (Non-FMP)............... Rod and reel, handline.
------------------------------------------------------------------------
South Atlantic Fishery Management Council
------------------------------------------------------------------------
Golden Crab FMP.............................. Trap.
Atlantic Red Drum FMP........................ No harvest/possession in
EEZ.
Coral and Coral Reef FMP:
A. Octocoral commercial fishery.......... Hand harvest only.
B. Live rock aquaculture................. Hand harvest only.
C. Octocoral recreational fishery........ Hand harvest only.
South Atlantic Shrimp FMP.................... Trawl.
South Atlantic Snapper-Grouper FMP:
A. Commercial fishery.................... A. Longline, rod and
reel, bandit gear,
handline, spear.
B. Black sea bass trap/pot............... B. Pot, trap.
C. Wreckfish fishery..................... C. Rod and reel, bandit
gear, handline.
D. Recreational fishery.................. D. Handline, rod and
reel, pot, trap, bandit
gear, slurp gun, spear,
powerhead.
South Atlantic Spiny Lobster FMP:
A. Commercial fishery.................... A. Trap, pot, dip net,
bully net, snare.
[[Page 30461]]
B. Recreational fishery.................. B. Trap, pot, dip net,
bully net, snare.
South Atlantic Coastal Migratory Pelagics
FMP:
A. Commercial Spanish mackerel fishery... A. Handline, rod and
reel, bandit gear,
gillnet, cast net.
B. Commercial King mackerel fishery...... B. Handline, rod and
reel, bandit gear.
C. Other commercial coastal migratory C. Longline, handline,
pelagics. rod and reel, bandit
gear.
D. Recreational fishery.................. D. Bandit gear, rod and
reel, handline.
Atlantic Mackerel, Squid, and................ Trawl.
Butterfish Trawl (Non-FMP)...................
Weakfish Fishery (Non-FMP):
A. Commercial fishery.................... A. Trawl, gillnet, hook
and line.
B. Recreational fishery.................. B. Hook and line.
Whelk Trawl Fishery (non-FMP)................ Trawl.
Marine Life Aquarium Fishery (Non-FMP)....... Dip net, slurp gun,
barrier net, allowable
chemical.
Calico Scallops Trawl (non-FMP).............. Trawl.
Bluefish, Croaker, Flounder Trawl (Non-FMP).. Trawl.
Recreational Fishery (Non-FMP)............... Handline, bandit gear,
rod and reel.
------------------------------------------------------------------------
Gulf of Mexico Fishery Management Council
------------------------------------------------------------------------
Gulf of Mexico Red Drum FMP.................. No harvest/possession in
EEZ.
Coral Reef FMP:
A. Commercial fishery.................... A. Hand harvest only.
B. Recreational fishery.................. B. Hand harvest only.
Gulf of Mexico Reef Fish FMP:
A. Snapper-Grouper reef fish longline/ A. Longline, handline,
hook and line. bandit gear, rod and
reel, buoy gear.
B. Pot/trap reef fish.................... B. Pot, trap.
C. Other commercial fishery.............. C. Spear, powerhead, cast
net, trawl.
D. Recreational fishery.................. D. Spear, powerhead,
bandit gear, handline,
rod reel, cast net.
Gulf of Mexico Shrimp FMP:
A. Gulf of Mexico shrimp trawl........... A. Trawl.
B. Recreational fishery.................. B. Trawl.
Gulf of Mexico Coastal Migratory Pelagics
FMP:
A. Large pelagics longline............... A. Longline.
B. King/Spanish mackerel gillnet fishery. B. Gillnet.
C. Pelagic hook and line................. C. Bandit gear, handline,
rod and reel.
D. Pelagic species purse seine........... D. Purse seine.
E. Recreational fishery.................. E. Bandit gear, handline,
rod and reel, spear.
Gulf of Mexico Spiny Lobster FMP:
A. Spiny lobster pot/trap fishery........ A. Trap, pot.
B. Dip net fishery....................... B. Dip net, bully net,
hoop net.
C. Recreational fishery.................. C. Dip net, bully net,
pot, trap, snare.
Stone Crab FMP:
A. Trap/pot crab fishery................. A. Trap, pot.
B. Recreational fishery.................. B. Trap, pot.
Mullet Fishery (Non-FMP):
A. Trawl fishery......................... A. Trawl.
B. Gillnet fishery....................... B. Gillnet.
C. Pair trawl fishery.................... C. Pair trawl.
D. Recreational fishery.................. D. Bandit gear, handline,
rod and reel.
Inshore Coastal Gillnet (Non-FMP)............ Gillnet.
Golden Crab Fishery (Non-FMP)................ Trap.
Octopus Fishery (Non-FMP).................... Trap.
Marine Life Aquarium Fishery (Non-FMP)....... Dip net, slurp gun,
barrier net, allowable
chemical.
Coastal Herring Trawl (Non-FMP).............. Trawl.
Butterfish Trawl (Non-FMP)................... Trawl.
Gulf of Mexico Groundfish (Non-FMP):
A. Commercial fishery.................... A. Trawl, purse seine,
gillnet.
B. Recreational fishery.................. B. Hook and line.
Gulf of Mexico Menhaden Purse (Non-FMP)...... Purse seine.
Sardine Purse Seine (Non-FMP)................ Purse seine.
Recreational fishery (Non-FMP)............... Bandit gear, handline,
rod and reel,
spearfishing gear, bully
net, gillnet, dip net,
longline powerhead,
seine, slurp gun, trap,
trawl, harpoon.
------------------------------------------------------------------------
Caribbean Fishery Management Council
------------------------------------------------------------------------
Caribbean Spiny Lobster FMP:
[[Page 30462]]
A. Trap/pot fishery...................... A. Trap/pot.
B. Dip net fishery....................... B. Dip net.
C. Entangling net fishery................ C. Gillnet, trammel net.
D. Recreational fishery.................. D. Dip net, trap, pot,
gillnet, trammel net.
Caribbean Shallow Water Reef Fish FMP:
A. Longline/hook and line fishery........ A. Longline, hook and
line.
B. Trap/pot fishery...................... B. Trap, pot.
C. Entangling net fishery................ C. Gillnet, trammel net.
D. Recreational fishery.................. D. Dip net, handline, rod
and reel, slurp gun,
spear.
Coral and Reef Resources FMP:
A. Commercial fishery.................... A. Dip net, slurp gun.
B. Recreational fishery.................. B. Dip net, slurp gun.
Queen Conch FMP:
A. Commercial fishery.................... A. Hand harvest only.
B. Recreational fishery.................. B. Hand harvest only.
Caribbean Pelagics (Non-FMP):
A. Pelagics drift gillnet................ A. Gillnet.
B. Pelagics longline/hook and line....... B. Longline/hook and
line.
C. Recreational fishery.................. C. Spear, handline,
longline.
------------------------------------------------------------------------
Pacific Fishery Management Council
------------------------------------------------------------------------
Washington, Oregon, and California FMP:
A. Salmon set gillnet fishery............ A. Gillnet.
B. Salmon hook and line fishery.......... B. Hook and line.
C. Trawl fishery......................... C. Trawl.
D. Recreational fishery.................. D. Rod and reel.
West Coast Groundfish FMP:
A. Pacific groundfish trawl.............. A. Trawl.
B. Set gillnet fishery................... B. Gillnet.
C. Groundfish longline/setline........... C. Longline.
D. Groundfish handline/hook and line..... D. Handline, hook and
line.
E. Groundfish pot/trap fishery........... E. Pot, trap.
F. Recreational fishery.................. F. Rod and reel,
handline, spear, hook
and line.
Northern Anchovy FMP......................... Purse seine, lampara net.
Angel Shark, White Croaker, California Gillnet.
Halibut, White Sea Bass, Pacific Mackerel
Large-Mesh Set Net Fishery (Non-FMP).
Thresher Shark/ Swordfish Drift Gillnet (Non- Gillnet.
FMP).
Pacific Shrimp/Prawn (Non-FMP):
A. Pot/trap fishery...................... A. Pot/trap.
B. Trawl fishery......................... B. Trawl.
Lobster, Rock Crab Pot/Trap Fishery (Non-FMP) Pot, trap.
Pacific Halibut Longline/Setline (Non-FMP)... Longline.
Shark/Bonito Longline/Setline (Non-FMP)...... Longline.
Dungeness Crab Pot/Trap (Non-FMP)............ Pot, trap.
Hagfish Trap/Pot Fishery (Non-FMP)........... Trap, pot.
Pacific Albacore, Other Tuna Hook and Line Hook and line.
Fishery (Non-FMP).
Pacific Swordfish Harpoon (Non-FMP).......... Harpoon.
Pacific Scallop Dredge (Non-FMP)............. Dredge.
Pacific Yellowfin, Skipjack, Tuna, Purse Purse seine.
Seine (Non-FMP).
Market Squid Purse Seine, Fishery (Non-FMP).. Purse seine.
Pacific Sardine, Pacific, Mackerel, Pacific Purse seine.
Saury, Pacific, Bonito Purse Seine Fishery,
(Non-FMP).
Finfish and Shellfish Live, Trap, Hook and Trap, handline, hook and
line/Handline (Non-FMP). line.
Recreational Fishery......................... Spear, trap, handline,
pot, hook and line, rod
and reel.
------------------------------------------------------------------------
North Pacific Fishery Management Council
------------------------------------------------------------------------
Alaska Scallop FMP........................... Dredge.
Bering Sea (BS) and Aleutian Islands (AI)
King and Tanner Crab FMP:
A. Alaskan crustacean crab pot........... A. Pot
B. Recreational fishery.................. B. Pot.
BS and AI Groundfish FMP:
A. Groundfish trawl fishery.............. A. Trawl.
B. Bottomfish hook and line, handline.... B. Hook and line,
handline.
C. Longline fishery...................... C. Longline
D. BS and AI and Gulf of Alaska (GOA) pot/ D. Pot, trap.
trap fishery.
E. Recreational fishery...................... E. Handline, rod and
reel, hook and line,
pot, trap.
Pacific Halibut (Non-FMP):
A. Pacific halibut handline/hook and line A. Hook and line,
handline.
[[Page 30463]]
B. Pacific halibut longline/ setline..... B. Longline.
C. Recreational fishery.................. C. Handline, rod and
reel, hook and line.
Alaska High Seas Salmon FMP:.............
A. Alaska salmon hook and line........... A. Hook and line.
B. Alaska salmon gillnet fishery......... B. Gillnet.
C. Alaska salmon purse seine............. C. Purse seine.
D. Recreational fishery.................. D. Handline, rod and
reel, hook and line.
Alaska Pair Trawl (Non-FMP).................. Pair trawl.
Alaska Finfish Otter/Beam Trawl (Non-FMP).... Trawl.
Octopus/Squid Purse Seine (Non-FMP).......... Purse seine.
Finfish Purse Seine (Non-FMP)................ Purse seine.
Octopus/Squid Longline (Non-FMP)............. Longline.
Finfish Handline/Hook and Line (Non-FMP)..... Handline, hook and line.
Octopus/Squid Handline (Non-FMP)............. Handline.
Recreational Fishery (Non-FMP)............... Handline, rod and reel,
hook line.
------------------------------------------------------------------------
Western Pacific Fishery Management Council
------------------------------------------------------------------------
Western Pacific Crustacean FMP:
A. Lobster/crab/shrimp trap fishery...... A. Trap.
B. Crab hoop net fishery................. B. Hoop net.
C. Shrimp trawl fishery.................. C. Trawl.
D. Recreational fishery.................. D. Hoop net, trap.
Western Pacific Precious Coral FMP Tangle Net Tangle net dredge.
Dredge Fishery.
Western Pacific Bottomfish/Seamount
Groundfish FMP:
A. Bottomfish handline fishery........... A. Handline.
B. Hook and line/rod and reel............ B. Hook and line, rod and
reel.
C. Longline fishery...................... C. Longline.
D. Trap/pot fishery...................... D. Trap/pot.
E. Spear fishery......................... E. Spear, powerhead.
F. Recreational fishery.................. Handline, rod and reel,
spear, powerhead, pot,
trap, hook and line.
Western Pacific Pelagics FMP:
A. Swordfish, tuna, billfish Mahi mahi, A. Longline.
wahoo, shark longline/setline fishery.
B. Tuna handline/hook and line........... B. Handline, hook and
line.
C. Pole and line fishery................. C. Rod and reel,
handline, hook and line.
D. Purse seine fishery................... D. Purse seine.
E. Dip net/hoop net fishery.............. E. Dip net, hoop net.
F. Spear fishery......................... F. Spear, powerhead.
Gillnet Fishery (Non-FMP).................... Gillnet.
Recreational Fishery (Non-FMP)............... Rod and reel, handline,
hook and line.
------------------------------------------------------------------------
Secretary of Commerce
------------------------------------------------------------------------
Atlantic Swordfish FMP:
A. Hook and line fishery................. A. Rod and reel,
handline.
B. Longline fishery...................... B. Longline.
C. Drift gillnet fishery................. C. Gillnet.
D. Harpoon fishery....................... D. Harpoon.
Atlantic Sharks FMP:
A. Hook and line fishery................. A. Rod and reel,
handline, bandit gear.
B. Longline fishery...................... B. Longline.
C. Drift gillnet fishery................. C. Gillnet.
D. Harpoon fishery....................... D. Harpoon.
Atlantic Billfish FMP (Recreational only):
A. Hook and line fishery................. A. Rod and reel,
handline, bandit gear.
B. Harpoon fishery....................... B. Harpoon.
Atlantic Tunas (Non-FMP):
A. Hook and line fishery................. A. Rod and reel,
handline, bandit gear.
B. Purse seine fishery................... B. Purse seine.
C. Longline fishery...................... C. Longline.
D. Harpoon fishery....................... D. Harpoon.
E. Recreational fishery.................. E. Rod and reel, bandit
gear, harpoon, handline.
------------------------------------------------------------------------
4. Section 600.747 is added to read as follows:
Sec. 600.747 Guidelines and procedures for determining new fisheries
and gear.
(a) General. Section 305(a) of the Magnuson-Stevens Act requires
the Secretary to prepare a list of all fisheries under the authority of
each Council, or the Director in the case of Atlantic highly migratory
species, and all gear used in such fisheries. This section contains
guidelines in paragraph (b) for determining when fishing gear or a
fishery is sufficiently different from
[[Page 30464]]
those listed in Sec. 600.725(v) as to require notification of a Council
or the Director in order to use the gear or participate in the unlisted
fishery. This section also contains procedures in paragraph (c) for
notification of a Council or the Director of potentially new fisheries
or gear, and for amending the list of fisheries and gear.
(b) Guidelines. The following guidance establishes the basis for
determining when fishing gear or a fishery is sufficiently different
from those listed to require notification of the appropriate Council or
the Director.
(1) The initial step in the determination of whether a fishing gear
or fishery is sufficiently different to require notification is to
compare the gear or fishery in question to the list of authorized
fisheries and gear in Sec. 600.725(v) and to the existing gear
definitions in Sec. 600.10.
(2) If the gear in question falls within the bounds of a definition
in Sec. 600.10 for an allowable gear type within that fishery, as
listed under section 600.725(v), then the gear is not considered
different, is considered allowable gear, and does not require
notification of the Council or Secretary 90 days before it can be used
in that fishery.
(3) If, for any reason, the gear is not consistent with a gear
definition for a listed fishery as described in paragraph (b)(2) of
this section, the gear is considered different and requires Council or
Secretarial notification as described in paragraph (c) of this section
90 days before it can be used in that fishery.
(4) If a fishery falls within the bounds of the list of authorized
fisheries and gear in Sec. 600.725(v) under the Council's or
Secretary's authority, then the fishery is not considered different, is
considered an allowable fishery and does not require notification of
the Council or Director before that fishery can occur.
(5) If a fishery is not already listed in the list of authorized
fisheries and gear in Sec. 600.725(v), then the fishery is considered
different and requires notification as described in paragraph (c) of
this section 90 days before it can occur.
(c) Procedures. If a gear or fishery does not appear on the list in
Sec. 600.725(v), or if the gear is different from that defined in
Sec. 600.10, the process for notification, and consideration by a
Council or the Director, is as follows:
(1) Notification. After [date 180 days from date of publication in
the Federal Register of the final rule], no person or vessel may employ
fishing gear or engage in a fishery not included on the list of
approved gear types in Sec. 600.725(v) without notifying the
appropriate Council or the Director at least 90 days before the
intended use of that gear.
(2) Notification procedures. (i) A signed return receipt for the
notice serves as adequate evidence of the date that the notification
was received by the appropriate Council or the Director, in the case of
Atlantic highly migratory species, and establishes the beginning of the
90-day notification period, unless required information in the
notification is incomplete.
(ii) The notification must include:
(A) Name, address, and telephone number of the person submitting
the notification.
(B) Description of the gear.
(C) The fishery or fisheries in which the gear is or will be used.
(D) A diagram and/or photograph of the gear, as well as any
specifications and dimensions necessary to define the gear.
(E) The season(s) in which the gear will be fished.
(F) The area(s) in which the gear will be fished.
(G) The anticipated bycatch species associated with the gear,
including protected species, such as marine mammals, sea turtles, sea
birds, or species listed as endangered or threatened under the ESA.
(H) How the gear will be deployed and fished, including the
portions of the marine environment where the gear will be deployed
(surface, midwater, and bottom).
(iii) Failure to submit complete and accurate information will
result in a delay in beginning the 90-day notification period. The 90-
day notification period will not begin until the information received
is determined to be accurate and complete.
(3) Action upon receipt of notification--(i) Species other than
Atlantic Highly Migratory Species. (A) Upon signing a return receipt of
the notification by certified mail regarding an unlisted fishery or
gear, a Council must immediately begin consideration of the
notification and send a copy of the notification to the appropriate
Regional Administrator.
(B) If the Council finds that the use of an unlisted gear or
participation in a new fishery would not compromise the effectiveness
of conservation and management efforts, it shall:
(1) Recommend to the RA that the list be amended;
(2) Provide rationale and supporting analysis, as necessary, for
proper consideration of the proposed amendment; and
(3) Provide a draft proposed rule for notifying the public of the
proposed addition, with a request for comment.
(C) If the Council finds that the proposed gear or fishery will be
detrimental to conservation and management efforts, it will recommend
to the RA that the authorized list of fisheries and gear not be
amended, that a proposed rule not be published, give reasons for its
recommendation of a disapproval, and may request NMFS to publish
emergency or interim regulations, and begin preparation of an FMP or
amendment to an FMP, if appropriate.
(D) After considering information in the notification and Council's
recommendation, NMFS will decide whether or not to publish a proposed
rule. If information on the new gear or fishery being considered
indicates it is likely that it will compromise conservation and
management efforts under the Magnuson-Stevens Act, and no additional
new information is likely to be gained from a public comment period,
then a proposed rule will not be published and NMFS will notify the
appropriate Council. In such an instance, NMFS will publish emergency
or interim regulations to prohibit or restrict use of the gear or
participation in the fishery. If NMFS determines that the proposed
amendment is not likely to compromise conservation and management
efforts under the Magnuson-Stevens Act, NMFS will publish a proposed
rule in the Federal Register with a request for public comment.
(ii) Atlantic Highly Migratory Species. (A) Upon signing a return
receipt of the notification by certified mail regarding an unlisted
fishery or gear for Atlantic highly migratory species (HMS), NMFS will
immediately begin consideration of the notification.
(B) Based on information in the notification and submitted by the
Council, NMFS will make a determination whether the use of an unlisted
gear or participation in an unlisted HMS fishery will compromise the
effectiveness of conservation and management efforts under the
Magnuson-Stevens Act. If it is determined that the proposed amendment
will not compromise conservation and management efforts, NMFS will
publish a proposed rule.
(C) If NMFS finds that the proposed gear or fishery will be
detrimental to conservation and management efforts in this initial
stage of review, it will not publish a proposed rule and notify the
[[Page 30465]]
applicant of the negative determination with the reasons therefore.
(4) Final determination and publication of a final rule. Following
public comment, NMFS will approve or disapprove the amendment to the
list of gear and fisheries.
(i) If approved, NMFS will publish a final rule in the Federal
Register and notify the applicant and the Council, if appropriate, of
the final approval.
(ii) If disapproved, NMFS will withdraw the proposed rule, notify
the applicant and the Council, if appropriate, of the disapproval;
publish emergency or interim regulations, if necessary, to prohibit or
restrict the use of gear or the participation in a fishery; and either
notify the Council of the need to amend an FMP or prepare an amendment
to an FMP in the case of Atlantic highly migratory species.
[FR Doc. 98-14735 Filed 6-3-98; 8:45 am]
BILLING CODE 3510-22-P