[Federal Register Volume 65, Number 61 (Wednesday, March 29, 2000)]
[Rules and Regulations]
[Pages 16780-16782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7698]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 000307061-0061-01; I.D. 013100D]
RIN 0648-AN46


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 32 to the Northeast 
Multispecies Fishery Management Plan

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to implement measures contained in 
Framework Adjustment 32 to the Northeast Multispecies Fishery 
Management Plan (FMP) to address management measures for silver hake 
(whiting), red hake, and offshore hake. This final rule implementing 
Framework Adjustment 32 (Framework 32) establishes that a vessel's 
whiting and offshore hake possession limit shall be determined by the 
smallest codend mesh size the vessel has on board or the smallest mesh 
on board not incorporated into the body of a fully-constructed net, 
whichever is smaller. In addition, this final rule allows vessels 
fishing for small-mesh multispecies with 2.5-inch (6.35-cm) mesh 
codends to use a net strengthener. The intended effect of this action 
is to mitigate regulatory discards resulting from the whiting/offshore 
hake possession limits implemented in Amendment 12 and to reduce the 
administrative and compliance burdens associated with approved 
provisions of Amendment 12 to the FMP (Amendment 12).

DATES: This rule is effective April 28, 2000.

ADDRESSES: Copies of the Framework 32 document, its Regulatory Impact 
Review (RIR), the Environmental Assessment, and other supporting 
documents for the framework adjustment, are available from Paul J. 
Howard, Executive Director, New England Fishery Management Council, 50 
Water Street, Mill 2, Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: Peter Christopher, Fishery Policy 
Analyst, 978-281-9288.

SUPPLEMENTARY INFORMATION: Amendment 12 was partially approved on 
September 1, 1999, and contains a measure requiring vessels to be 
issued and carry on board a letter of authorization (LOA) to fish under 
a particular mesh size/possession limit category. Under Amendment 12, 
vessels issued an LOA for the 3-inch (7.62-cm) or 2.5-inch (6.35-cm) 
minimum mesh size categories would be allowed a possession limit of 
30,000 lb (13,608 kg) or 7,500 lbs (3,402 kg), respectively, of whiting 
and offshore hake. Those vessels using less than 2.5-inch (6.35-cm) 
mesh or vessels without the appropriate LOA would be allowed a 3,500-lb 
(1,588-kg) possession limit of whiting and offshore hake. Vessels could 
elect to fish under the specified mesh/possession limit category for a 
minimum of 30 days and could withdraw after 7 days, but would be 
restricted to a 3,500-lb (1,588-kg) possession limit of whiting and 
offshore hake for the remainder of the original 30 days. These 
requirements (hereinafter referred to as ``the enrollment procedures'') 
were designed to encourage vessel owners and captains to make extended 
decisions about their fishing activity and give more force to the 
minimum mesh sizes and possession limits. Also, Amendment 12 allows 
only vessels using nets with mesh sizes less than 2.5 inches (6.35 cm) 
to use net strengtheners.
    In a letter to NMFS dated June 3, 1999, the New England Fishery 
Management Council (Council) expressed concern that the Amendment 12 
enrollment procedures and restriction on net strengtheners would not 
provide flexibility for the industry and would encourage discarding of 
whiting by continued fishing with smaller mesh. The Council urged NMFS 
to proceed with a technical change to Amendment 12 to modify the 
enrollment procedures and to allow the use of net strengtheners for the 
larger mesh size nets. NMFS determined that the changes would be 
substantive, could have possible impacts on conservation goals and, 
therefore, would require a framework adjustment or amendment action to 
allow the Council to consider available options and conduct proper 
analysis of the impacts. As a result, the Council proceeded in 
developing Framework 32.
    Framework 32 eliminates Amendment 12's enrollment procedures and 
instead bases possession limits on the smallest codend mesh on board 
(either stowed or available for fishing), or the smallest mesh on board 
not incorporated into a fully-constructed net, whichever is smaller. 
The restriction does not apply to nets or pieces of nets smaller than 3 
ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), consistent with 
current minimum mesh size restrictions in the FMP. Under Amendment 12, 
minimum mesh size is applied to the first 50 meshes or 100 bars counted 
from the terminus of the net for vessels 60-ft (18.29 m) or smaller and 
the first 100 meshes or 200 bars counted from the terminus of the net 
for vessels greater than 60-ft (18.29 m) in length. The elimination of 
the enrollment procedures will allow vessel owners improved flexibility 
in the size of the mesh that they can use in the nets on a trip-to-trip 
basis and reduces the possibility of high regulatory discards of 
whiting and offshore hake. The application of the possession limit 
based on the smallest mesh size on board eliminates the administrative 
burden associated with implementing the enrollment procedures and may 
improve enforcement of the possession limits.
    This final rule implementing Framework 32 also includes a measure 
that allows vessels fishing with 2.5-inch (6.35-cm) mesh-sized nets to 
use a net strengthener (a large mesh codend positioned around a small-
mesh codend), provided that the net strengthener has a minimum mesh 
size of 6 inches (15.24 cm), has the same circumference and 
configuration (square or diamond mesh) as the inside codend, and that 
the inside codend is no more than 2 ft (61 cm) longer than the outside 
codend. The allowance of net strengtheners would help alleviate 
discards by providing some vessels with an incentive to use trawl net 
codends with mesh size of at least 2.5 inches (6.35 cm). Testimony 
during the comment period for Amendment 12 and throughout the 
development of Framework 32 suggests that vessel

[[Page 16781]]

owners would discard whiting that would be caught over the allowed 
3,500 lbs (1,588 kg) with less than 2.5-inch (6.35-cm) mesh nets 
because Loligo squid, which has a minimum mesh size requirement of 
1.875 inches (4.76 cm), continue to be more valuable than whiting. 
Vessel owners felt that the 2.5-inch (6.35-cm) mesh would release too 
much squid and that there would be no incentive for these vessels to 
move up to a 2.5-inch (6.35-cm) mesh, which would promote conservation 
of whiting. Thus, some vessel owners would continue to use the smaller 
mesh and discard whiting. Allowing a net strengthener with 2.5-inch 
(6.35-cm) mesh provides an incentive for squid vessels to increase 
their mesh size to 2.5 inches (6.35 cm) by allowing squid catches 
similar to those caught with 1.875-inch (4.76-cm) mesh nets and 
allowing for a 7,500-lb (3,402-kg) possession limit of whiting and 
offshore hake. During the development of the strengthener options, 
industry commented that the use of a net strengthener with mesh sizes 
larger than 2.5 inches (6.35 cm) was not an issue because the concern 
was to find a solution for the small-mesh squid fishery. The provisions 
for the circumference, length, and composition of the net are intended 
to prevent vessels from using a combination of inside and outside 
codends that would reduce the effective inside mesh size, thereby 
compromising the effectiveness of whiting conservation measures.

Abbreviated Rulemaking

    NMFS is making these adjustments to the regulations under the 
framework abbreviated rulemaking procedure codified in 50 CFR part 648, 
subpart F. This procedure requires the Council, when making 
specifically allowed adjustments to the Multispecies FMP, to develop 
and analyze the action over the span of at least two Council meetings 
where public comments are accepted. The Council must provide the public 
with advance notice of both the framework proposals and the associated 
analyses, and provide an opportunity to comment on them specifically 
prior to and at the second Council meeting. Upon review of the analyses 
and public comments, the Council may recommend to the Regional 
Administrator, Northeast Region (Regional Administrator), that the 
measures be published as a final rule, or as a proposed rule if 
additional public comment is necessary.
    The initial and final meetings for Framework 32 at which public 
comment was received were on September 21-23, 1999, and November 16-18, 
1999, respectively. The Council's Whiting and Enforcement Committees 
and Whiting Industry Advisory Panel also held meetings and took public 
comment on the proposals for Framework 32 during meetings in October 
1999. Documents summarizing the Council's proposed action and the 
analyses of biological, economic, and social impacts of this action and 
alternative actions were available for public review 1 week prior to 
the final meeting, as is required under the framework adjustment 
process. No written comments were received.
    To eliminate confusion to the industry and to reduce the 
administrative burdens that Amendment 12's enrollment procedures would 
cause, Framework 32 is published just after the final rule implementing 
Amendment 12. This final rule modifies the final rule implementing 
Amendment 12. This effectively eliminates implementation of the 
burdensome enrollment procedures created by Amendment 12.

Classification

    The Regional Administrator determined that this framework 
adjustment to the FMP is necessary for the conservation and management 
of the Northeast multispecies fishery and that it is consistent with 
the Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    This final rule eliminates a reporting requirement under the 
Paperwork Reduction Act estimated at 13.3 hours. The Call-in to NMFS 
Region for Enrollments for Mesh Size/Possession Limit Authorization (2 
minutes/response) (part of the paperwork burden authorized by OMB No. 
0648-0391) has been eliminated.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 551 et seq., or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Therefore, a regulatory flexibility analysis 
has not been prepared. Nevertheless, the socioeconomic impacts on 
affected small entities were considered in the RIR contained in the 
supporting analyses for Framework 32. Relative to the status quo, 
expected average net returns would increase by less than one percent 
for the net strengthener provision implemented by this final rule. The 
minimum mesh size/possession limit provision implemented by this final 
rule is the simplest alternative available and improves flexibility for 
the industry. Further, it reduces costs to participating fishermen and 
the agency and may improve enforceability of the measure. Alternatives 
to this measure were also considered by the Council and were discussed 
in the framework adjustment document.
    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 22, 2000.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons stated 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. 648.80, paragraph (g)(5) is revised to read as follows:


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

* * * * *
    (g) * * *
    (5) Net strengthener restrictions when fishing for or possessing 
small-mesh multispecies. (i) Nets of mesh size less than 2.5 inches 
(6.35 cm). A vessel lawfully fishing for small-mesh multispecies in the 
GOM/GB, SNE, or MA Regulated Mesh Areas as defined in paragraphs (a), 
(b), and (c) of this section with nets of mesh size smaller than 2.5 
inches (6.35-cm), as measured by methods specified in Sec. 648.80(f), 
may use net strengtheners (covers as described at Sec. 648.23(d)) 
provided that the net strengthener for nets of mesh size smaller than 
2.5 inches (6.35 cm) complies with the provisions specified under 
Sec. 648.23(d).
    (ii) Nets of mesh size equal to or greater than 2.5 inches (6.35 
cm) but less than 3 inches (7.62). A vessel lawfully fishing for small-
mesh multispecies in the GOM/GB, SNE, or MA Regulated Mesh Areas as 
defined in paragraphs (a), (b), and (c) of this section with nets with 
mesh size equal to or greater than 2.5 inches (6.35 cm) but less than 3 
inches (7.62 cm) (as measured by methods specified in Sec. 648.80(f), 
and as applied to the part of the net specified in paragraph (d)(1)(iv) 
of this section) may use a net strengthener (i.e., outside net) 
provided the net strengthener does not have an effective mesh opening 
of less than 6 inches (15.24 cm), diamond or square

[[Page 16782]]

mesh, as measured by methods specified in Sec. 648.80(f). The inside 
net (as applied to the part of the net specified in paragraph 
(d)(1)(iv) of this section) must not be more than 2 ft (61 cm) longer 
than the outside net, must be the same circumference or smaller than 
the smallest circumference of the outside net, and must be the same 
mesh configuration (i.e., both square or both diamond mesh) as the 
outside net.
    3. In Sec. 648.86, paragraph (d) is revised to read as follows:


Sec. 648.86  Multispecies possession restrictions.

* * * * *
    (d) Small-mesh multispecies through April 30, 2002. (1) Vessels 
issued a valid Federal multispecies permit specified under 
Sec. 648.4(a)(1) are subject to the following possession limits for 
small-mesh multispecies, which are based on the mesh size used by or on 
board vessels fishing for, in possession of, or landing small-mesh 
multispecies.
    (i) Vessels possessing on board or using nets of mesh size smaller 
than 2.5 inches (6.35 cm). Owners or operators of a vessel may possess 
and land not more than 3,500 lb (1,588 kg) of combined silver hake and 
offshore hake if either of the following conditions are met:
    (A) The mesh size of any net or any part of a net used by or on 
board the vessel is smaller than 2.5 inches (6.35 cm), as applied to 
the part of the net specified in paragraph (d)(1)(iv)of this section, 
as measured in accordance with 648.80(f); or,
    (B) The mesh size of any net or part of a net on board the vessel 
not integrated into a fully constructed net is smaller than 2.5 inches 
(6.35 cm), as measured by methods specified in Sec. 648.80(f). 
``Integrated into a fully constructed net'' means that the mesh smaller 
than 2.5 inches (6.35 cm) occurs only in the part of the net not 
subject to the mesh size restrictions as specified in paragraph 
(d)(1)(iv), and, that the net into which the mesh is integrated is 
available for immediate use.
    (ii) Vessels possessing on board or using nets of mesh size equal 
to or greater than 2.5 inches (6.35 cm) but less than 3 inches (7.62 
cm). Owners or operators of a vessel, which is not subject to the 
possession limit specified in paragraph (d)(1)(i) of this section, may 
possess and land not more than 7,500 lb (3,402 kg) of combined silver 
hake and offshore hake if either of the following conditions are met:
    (A) The mesh size of any net or any part of a net used by or on 
board the vessel is equal to or greater than 2.5 inches (6.35 cm) but 
smaller than 3 inches (7.62 cm), as applied to the part of the net 
specified in paragraph (d)(1)(iv) of this section, as measured by 
methods specified in Sec. 648.80(f); or,
    (B) The mesh size of any net or part of a net on board the vessel 
not integrated into a fully constructed net is equal to or greater than 
2.5 inches (6.35 cm) but smaller than 3 inches (7.62), as measured by 
methods specified in Sec. 648.80(f). ``Integrated into a fully 
constructed net'' means that the mesh smaller than 2.5 inches (6.35 cm) 
occurs only in the part of the net not subject to the mesh size 
restrictions as specified in paragraph (d)(1)(iv), and, that the net 
into which the mesh is integrated is available for immediate use.
    (iii) Vessels using nets of mesh size equal to or greater than 3 
inches (7.62 cm). Owners or operators of a vessel, which is not subject 
to the possession limits specified in paragraphs (d)(1)(i) and (ii) of 
this section, may possess and land not more than 30,000 (13,608 kg) of 
combined silver hake and offshore hake if both of the following 
conditions are met:
    (A) The mesh size of any net or any part of a net used by or on 
board the vessel is equal to or greater than 3 inches (7.62 cm), as 
applied to the part of the net specified in paragraph (d)(1)(iv) of 
this section, as measured by methods specified in Sec. 648.80(f); and,
    (B) The mesh size of any net or part of a net on board the vessel 
not integrated into a fully constructed net is equal to or greater than 
3 inches (7.62 ), as measured by methods specified in Sec. 648.80(f). 
``Integrated into a fully constructed net'' means that the mesh smaller 
than 3 inches (7.62 cm) occurs only in the part of the net not subject 
to the mesh size restrictions as specified in paragraph (d)(1)(iv), 
and, that the net into which the mesh is integrated is available for 
immediate use.
    (iv) Application of mesh size. Counting from the terminus of the 
net, the mesh size restrictions specified in paragraphs (d)(1)(i),(ii) 
and (iii) of this section are only applicable to the first 100 meshes 
(200 bars in the case of square mesh) for vessels greater than 60 ft 
(18.28 m) in length, and to the first 50 meshes (100 bars in the case 
of square mesh) for vessels 60 ft (18.28 m) or less in length. 
Notwithstanding any other provision of this section, the restrictions 
and conditions pertaining to mesh size do not apply to nets or pieces 
of net smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)).
    (2) Possession limit for vessels participating in the northern 
shrimp fishery. Owners and operators of vessels participating in the 
Small-Mesh Northern Shrimp Fishery Exemption Area, as described in 
Sec. 648.80(a)(3) with a vessel issued a valid Federal multispecies 
permit specified under Sec. 648.4(a)(1) may possess and land silver 
hake and offshore hake, combined, up to an amount equal to the weight 
of shrimp on board, not to exceed 3,500 lb (1,588 kg). Silver hake and 
offshore hake on board a vessel subject to this possession limit must 
be separated from other species of fish and stored so as to be readily 
available for inspection.
    (3) Possession restriction for vessels electing to transfer small-
mesh multispecies at sea. Owners and operators of vessels issued a 
valid Federal multispecies permit and issued a letter of authorization 
to transfer small-mesh multispecies at sea according to the provisions 
specified in Sec. 648.13(b) are subject to a combined silver hake and 
offshore hake possession limit that is 500 lb (226.8 kg) less than the 
possession limit the vessel otherwise receives. This deduction shall be 
noted on the transferring vessel's letter of authorization from the 
Regional Administrator.
* * * * *
[FR Doc. 00-7698 Filed 3-28-00; 8:45 am]
BILLING CODE 3510-22-F