[Federal Register Volume 63, Number 199 (Thursday, October 15, 1998)]
[Proposed Rules]
[Pages 55357-55358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27637]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 648 and 649

[I.D. 100798B]
RIN 0648-AL36


Fisheries of the Northeastern United States; American Lobster 
Fishery; Fishery Management Plan (FMP) Amendments to Achieve Regulatory 
Consistency on Permit Related Provisions for Vessels Issued Limited 
Access Federal Fishery Permits 

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 55358]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of an omnibus amendment to FMPs; request 
for comments.

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SUMMARY: NMFS announces that the Mid-Atlantic and New England Fishery 
Management Councils have submitted an omnibus amendment that includes 
Amendment 11 to the Summer Flounder, Scup, and Black Sea Bass FMP; 
Amendment 7 to the Atlantic Mackerel, Squid, and Butterfish FMP; 
Amendment 11 to the Atlantic Surf Clam and Ocean Quahog FMP; Amendment 
8 to the Atlantic Sea Scallop FMP; Amendment 10 to the Northeast 
Multispecies FMP; and Amendment 7 to the American Lobster FMP. These 
amendments implement regulations to achieve regulatory consistency on 
vessel permitting for FMPs that have limited access permits issued by 
NMFS Northeast Region. The proposed regulations are intended to 
facilitate transactions such as buying, selling, or upgrading 
commercial fishing vessels issued limited access permits. Consistency 
on these regulations is especially important for vessels that have 
limited access permits in more than one fishery in the Northeast 
Region.

DATES: Public comments must be received on or before December 14, 1998.

ADDRESSES: Comments on this proposed rule should be sent to Jon C. 
Rittgers, Acting Regional Administrator, 1 Blackburn Drive, Gloucester, 
MA 01930. Mark the outside of the envelope, ``Comments on Proposed Rule 
for Permit Consistency.''
    Copies of these amendments, the regulatory impact review, and the 
environmental assessment are available from Executive Director, Mid-
Atlantic Fishery Management Council, Room 2115 Federal Building, 300 S. 
New Street, Dover, DE 19904-6790, or from Executive Director, New 
England Fishery Management Council, 5 Broadway, Saugus, MA 01906-1036.

FOR FURTHER INFORMATION CONTACT: Richard A. Pearson, Fishery Policy 
Analyst, 978-281-9279.

SUPPLEMENTARY INFORMATION: These proposed amendments would implement 
consistent measures to govern permit-associated activities for all 
Northeast Region FMPs which have limited access permits. None of the 
proposed measures would apply retroactively. The measures would (1) 
allow a one-time vessel upgrade/replacement allowance of 10 percent in 
size (length overall, gross registered tons, and net tons, or 20 
percent in horsepower for all limited access permits except American 
lobster (an engine horsepower increase may be performed separately from 
a vessel size increase); (2) require that the fishing and permit 
history of a vessel and the replacement vessel be owned by the same 
person when transferring limited access permits to replacement vessels; 
(3) allow voluntary replacement of vessels, regardless of vessel 
condition; (4) require that the fishing and permit history of a vessel 
transfer with the vessel whenever it is bought, sold, or otherwise 
transferred, unless there is a written agreement between the buyer and 
seller, or other credible written evidence, verifying that the seller 
is retaining the vessel's fishing and permit history for purposes of 
replacing the vessel; (5) set the effective date of these amendments as 
the vessel baseline specification date for FMPs without baselines 
(scup, Loligo/butterfish, Illex, black sea bass, and mahogany quahog); 
(6) set the effective date of these amendments as the revised 
replacement baseline date and the newly established upgrade baseline 
date for the summer flounder FMP; (7) authorize the permanent voluntary 
relinquishment of permit eligibility; (8) implement a restriction on 
permit splitting; and (9) require a one-time Confirmation of Permit 
History registration, and annual permit renewal. For the American 
Lobster FMP, the amendments would prohibit permit splitting and require 
a one-time Confirmation of Permit History registration.
    A proposed rule that would implement the FMP amendments may be 
published in the Federal Register for public comment, following NMFS' 
evaulation of the proposed rule under the procedures of the Magnuson-
Stevens Fishery Conservation and Management Act. Public comments on the 
proposed rule must be received by the end of the comment period on the 
FMP amendments in order to be considered in the approval/disapproval 
decision on the FMP amendments. All comments received by December 14, 
1998, whether specifically directed to the FMP amendments or the 
proposed rule, will be considered in the approval/disapproval decision. 
Comments received after that date will not be considered in the 
approval/disapproval decision on the FMP amendment.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 8, 1998.

Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-27637 Filed 10-14-98; 8:45 am]
BILLING CODE 3510-22-F