[Federal Register Volume 63, Number 153 (Monday, August 10, 1998)]
[Rules and Regulations]
[Pages 42591-42592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21253]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980716182-8182-01; I.D. 062298C]


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; 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 a technical amendment to clarify regulations 
implementing Amendment 5, Framework Adjustments 20, 24, and 25 to the 
Northeast Multispecies Fishery Management Plan (FMP), and the final 
rule that consolidated several CFR parts. The purpose of this technical 
amendment is to comply with the intent of these actions by correcting 
unintended errors made in the minimum fish size, gillnet tagging, cod 
hail line, and raised footrope regulations, among other measures.

DATES: Effective August 10, 1998.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy 
Analyst, 978-281-9252.

SUPPLEMENTARY INFORMATION: The regulations implementing Amendment 5 (59 
FR 9872, March 1, 1994) established an exception to the multispecies 
minimum fish size requirement by allowing persons aboard vessels issued 
limited access permits and fishing under a day-at-sea (DAS) to possess 
fillets that measure less than the minimum size. Because the intent of 
this measure was specific to vessels with multispecies limited access 
permits, this rule corrects Sec. 648.83(b)(1) by changing the words 
``limited access permit'' to ``multispecies limited access permit.''
    The interim final rule implementing Framework Adjustment 20 (62 FR 
15381, April 1, 1997) established a gillnet gear restriction that 
requires vessel owners electing to fish under the annual Day gillnet 
designation to tag their gillnet gear. When implemented, the interim 
final rule correctly stated that all roundfish gillnets must have two 
tags per net, and all flatfish gillnets must have one tag per net. 
However, under the final rule implementing Framework 20 (62 FR 49144, 
September 19, 1997), roundfish nets were incorrectly identified as 
groundfish nets. This technical amendment corrects 
Sec. 648.82(k)(1)(ii) by changing the word ``groundfish'' to 
``roundfish.''
    The regulation implementing Framework Adjustment 24 (63 FR 11591, 
March 10, 1998) requires vessels subject to the cod landing limit to 
come into port and report to NMFS within 14 DAS of starting a trip and 
vessels that exceed the landing limit to remain in port and not call-
out of the DAS program until sufficient DAS has elapsed to account for 
and justify the amount of cod harvested. For vessels that do not exceed 
their allowable limit of cod, the regulations clearly state that they 
must enter port and call-out of the DAS program at least once every 14 
DAS. However, for vessels that exceed the limit, the regulation is less 
clear and states only that these vessels must enter port at least once 
every 14 DAS and report their hail weight of cod prior to offloading. 
This technical amendment clarifies and corrects Sec. 648.10(f)(3)(ii) 
by including language which specifies that, after reporting their 
hailed weight of cod via the cod hail line, vessels that exceed the 
allowable limit of cod must remain in port and not call out of the DAS 
program until after sufficient DAS has elapsed to account for and 
justify the amount of cod on board. Once vessels have satisfied this 
required time in port, the next fishing trip may not begin until such 
time that these vessels have called-out of the multispecies DAS 
program. Also, in Sec. 648.10(f)(3)(ii), the reference to 
Sec. 648.86(b)(3) is corrected to read Sec. 648.86(b)(4).
    This rule makes several corrections to the regulations implementing 
Framework Adjustment 25 (63 FR 15326, March 31, 1998). Section 
648.80(a)(8)(iv) outlines the raised footrope requirement that may 
pertain to a vessel fishing in areas known as Small Mesh Area 1 and 2. 
This rule corrects inadvertent errors in the language describing this 
gear modification by changing Sec. 648.80(a)(8)(iv)(C) to read that 
``the footrope must be at least 20 feet (6.1 m) longer than the length 
of the headrope'' rather than ``no more than 20 feet (6.1 m) longer.'' 
Also, Sec. 648.80(a)(8)(iv)(D) is changed to clarify how the sweep and 
footrope are connected to ensure that the footrope remains off the 
bottom when towed. The corresponding prohibition, Sec. 648.14(a)(112), 
is also clarified to reflect that vessels may employ either a raised 
footrope or an excluder device in their trawl gear when fishing in 
Small Mesh Area 1 and 2, depending on the species of fish targeted. In 
addition, in Sec. 648.86(b)(1)(ii), the reference to (b)(1)(3) is 
corrected to read (b)(3); and in Sec. 648.86(b)(1)(ii)(A), the 
reference to (b)(3) is corrected to read (b)(4), and the example that 
is used in this cite is corrected to be more explicit.
    Finally, to address an error made in the final rule that 
consolidated six CFR parts governing the marine fisheries of the 
Northeast region (61 FR 34966, July 3, 1996), this rule corrects 
Sec. 648.14(c)(2)(ii) by changing the reference Sec. 648.10(a) to read 
Sec. 648.10(b).

Classification

    Because this rule corrects and clarifies only an existing set of 
regulations for which full prior notice and opportunity for comment 
were provided, the Assistant Administrator, under 5 U.S.C. 553(b)(B), 
finds for good cause finds that it is unnecessary to provide such 
procedures for this rule. Also, because this rule corrects and 
clarifies only existing 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.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 42592]]


    Dated: August 3, 1998.
Andrew A. Rosenberg,
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. 648.10, paragraph (f)(3)(ii) is revised to read as 
follows:


Sec. 648.10  DAS notification requirements.

* * * * *
    (f) * * *
    (3) * * *
    (ii) A vessel subject to the cod landing limit restriction 
specified in Sec. 648.86(b)(1)(i) that exceeds or is expected to exceed 
the allowable limit of cod based on the duration of the trip must enter 
port no later than 14 DAS after starting a multispecies DAS trip and 
must report, upon entering port and before offloading, its hailed 
weight of cod under the separate call-in system as specified in 
Sec. 648.86(b)(1)(ii)(B). Such vessel must remain in port, unless for 
transiting purposes as allowed in Sec. 648.86(b)(4), until sufficient 
time has elapsed to account for and justify the amount of cod on board 
in accordance with Sec. 648.86(b)(1)(ii), and may not begin its next 
fishing trip until such time that the vessel has called-out of the 
multispecies DAS program to end its trip.
    3. In Sec. 648.14, paragraphs (a)(112) and (c)(2)(ii) are revised 
to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (112) Fish for, harvest, possess, or land in or from the EEZ, when 
fishing with trawl gear, any of the exempted species specified in 
Sec. 648.80(a)(8)(i), unless such species were fished for or harvested 
by a vessel meeting the requirements specified in Sec. 648.80 
(a)(3)(ii) or (a)(8)(iv).
* * * * *
    (c) * * *
    (2) * * *
    (ii) Fail to comply with the notification, replacement, or any 
other requirements regarding VTS usage as specified in Sec. 648.10(b).
* * * * *
    4. In Sec. 648.80, paragraphs (a)(8)(iv)(C) and (D) are revised to 
read as follows:


Sec. 648.80  Regulated mesh areas and restrictions on gear and methods 
of fishing.

* * * * *
    (a) * * *
    (8) * * *
    (iv) * * *
    (C) The footrope must be at least 20 feet (6.1 m) longer than the 
length of the headrope; and
    (D) The sweep must be rigged so it is behind and below the 
footrope, and the footrope is off the bottom. This is accomplished by 
having the sweep longer than the footrope and having long dropper 
chains attaching the sweep to the footrope at regular intervals. The 
forward end of the sweep and footrope must be connected to the bottom 
leg at the same point. This attachment, in conjunction with the 
headrope flotation, keeps the footrope off the bottom. The sweep and 
its rigging must be made entirely of 5/16 inch (0.8 cm) diameter bare 
chain. No wrapping or cookies are allowed on the chain. The total 
length of the sweep must be at least 7 feet (2.1 m) longer than the 
total length of the footrope, or 3.5 feet (1.1 m) longer on each side. 
Drop chains must connect the footrope to the sweep chain, and the 
length of each drop chain must be at least 42 inches (106.7 cm). One 
drop chain must be hung from the center of the footrope to the center 
of the sweep, and one drop chain must be hung from each corner (the 
quarter or the junction of the bottom wing to the belly at the 
footrope). The attachment points of each drop chain on the sweep and 
the footrope must be the same distance from the center drop chain 
attachments. Drop chains must be hung at 8 foot (2.4 m) intervals from 
the corners toward the wing ends. The distance of the drop chain that 
is nearest the wing end to the end of the footrope may differ from net 
to net. However, the sweep must be at least 3.5 feet (1.1 m) longer 
than the footrope between the drop chain closest to the wing ends and 
the end of the sweep that attaches to the wing end.
* * * * *
    5. In Sec. 648.82, paragraph (k)(1)(ii) is revised to read as 
follows:


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

* * * * *
    (k) * * *
    (1) * * *
    (ii) Tagging requirements. Beginning June 1, 1997, when under a NE 
multispecies DAS, all roundfish gillnets fished, hauled, possessed, or 
deployed must have two tags per net, with one tag secured to each 
bridle of every net within a string of nets and all flatfish gillnets 
fished, hauled, possessed, or deployed must have one tag per net, with 
one tag secured to every other bridle of every net within a string of 
nets. Tags must be obtained as described in Sec. 648.4(c)(2)(iii), and 
vessels must have on board written confirmation issued by the Regional 
Administrator, indicating that the vessel is a Day gillnet vessel. The 
vessel operator must produce all net tags upon request by an authorized 
officer.
* * * * *
    6. In Sec. 648.83, paragraph (b)(1) is revised to read as follows:


Sec. 648.83  Minimum fish sizes.

* * * * *
    (b) * * *
    (1) Each person aboard a vessel issued a multispecies limited 
access permit and fishing under the DAS program may possess up to 25 lb 
(11.3 kg) of fillets that measure less than the minimum size if such 
fillets are from legal-sized fish and are not offered or intended for 
sale, trade, or barter.
* * * * *
    7. In Sec. 648.86, paragraphs (b)(1)(ii) introductory text and 
(b)(1)(ii)(A) are revised to read as follows:


Sec. 648.86  Possession restrictions.

* * * * *
    (b) * * *
    (1) * * *
    (ii) A vessel subject to the cod landing limit restrictions 
described in paragraphs (b)(1)(i) and (b)(3) of this section, and 
subject to the cod landing limit call-in provision specified at 
Sec. 648.10(f)(3)(ii), 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) The vessel operator does not call-out of the DAS program as 
described under Sec. 648.10(c)(3) and does not depart from a dock or 
mooring in port to engage in fishing, unless transiting as allowed in 
paragraph (b)(4) of this section, until sufficient time has elapsed to 
account for and justify the amount of cod harvested at the time of 
offloading regardless of whether all of the cod on board is offloaded 
(e.g., a vessel subject to the landing limit restriction, described in 
paragraph (b)(1)(i) of this section, that has called-in to the 
multispecies DAS program at 3 p.m. on Monday and that fishes and comes 
back into port at 4 p.m. on Wednesday of that same week with 2,800 lb 
(1,270.1 kg) of cod to offloads some or all of its catch, cannot call-
out of the DAS program or leave port until 3:01 p.m. the next day, 
Thursday (i.e., 3 days plus one minute)); and
* * * * *
[FR Doc. 98-21253 Filed 8-7-98; 8:45 am]
BILLING CODE 3510-22-F