[Federal Register Volume 67, Number 24 (Tuesday, February 5, 2002)]
[Rules and Regulations]
[Pages 5241-5244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2726]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010823216-2020-02; I.D. 071601A]
RIN 0648-AP32


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Delay of the Implementation Date of the Year-4 
Default Management Measures for Small-Mesh Multispecies

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

ACTION: Final rule.

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

SUMMARY: NMFS amends the regulations that implement Amendment 12 to the 
Northeast Multispecies Fishery Management Plan (FMP) to change the date 
of the Year-4 default management measures for small-mesh multispecies 
(silver hake (whiting), red hake and offshore hake), from May 1, 2002, 
to May 1, 2003. Delaying the implementation date for an additional year 
is in conformance with the original intent of Amendment 12 to the FMP. 
As specified in the FMP, this action is necessary to provide at least 2 
full years of data on the fishery so that the Whiting Monitoring 
Committee (WMC) can fully assess the effectiveness of the current 
management measures and recommend alternative default measures, if 
appropriate.

DATES: Effective March 7, 2002.

ADDRESSES: Copies of the Amendment 12 document, its Regulatory Impact 
Review (RIR), final Regulatory Flexibility Analysis (FRFA) and the 
Final Supplemental Environmental Impact Statement (FSEIS), and other 
supporting documents for Amendment 12 are available from Paul J. 
Howard, Executive Director, New England Fishery Management Council, 50 
Water Street, The Tannery-Mill 2, Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy 
Analyst, at 978-281-9272.

SUPPLEMENTARY INFORMATION: The New England Fishery Management Council 
(Council) voted at its December 1998 meeting that May 1, 1999, would 
begin Year 1 of Amendment 12, with the expectation that the Amendment 
would be implemented by the autumn of 1999. The Council submitted its 
final version of Amendment 12 in April 1999. Based upon the Council's 
assumption of an autumn 1999 implementation date, the regulations 
implementing Amendment 12 specified that the Year-4 default measures 
would become effective on May 1, 2002. However, due to extensive review 
and revisions, the Amendment did not actually become effective until 
April 28, 2000. Thus, Year 1 of Amendment 12 was actually only 3 days 
in duration (April 28 - April 30, 2000), rather than 8 to 10 months, as 
originally anticipated by the Council. As a result, under the current 
regulations, the WMC would have less than 2 years of data to analyze, 
and only one opportunity to implement an annual adjustment before the 
default measures are scheduled to be implemented (May 1, 2002). This is 
not consistent with the Council's intent in Amendment 12. A proposed 
rule and request for comments was published in the Federal Register (66 
FR 48020) on September 17, 2001. Details concerning the background of 
this action are discussed extensively in the preamble to the proposed 
rule and are not repeated here. In addition, copies of the analytical 
documents conducted in support of Amendment 12 upon which this action 
is based are available (see ADDRESSES).

Comments and Responses

    Comments on the proposed rule for this action were accepted through 
October 17, 2001. A total of 143 comments were received, all of which 
were from the commercial fishing industry; 141 were signed form 
letters. All 143 comments supported this action. This action is also 
strongly supported by both the New England and

[[Page 5242]]

Mid-Atlantic Fishery Management Councils. A summary of the comments are 
as follows:
    Comment: Commentor supports moving the default measures for small-
mesh multispecies back one year because it recognizes the abbreviated 
nature of what was to have been a 4-year period as well as the 
possibility that current research will negate the need for 
implementation of the default ruling altogether.
    Response: Comment is acknowledged.
    Comment: Commentor, writing on behalf of its membership, supports 
delay of implementation of the year-4 default measures until May 1, 
2003, because it will provide the Whiting Monitoring Committee with the 
additional time necessary to review the effectiveness of the existing 
plan.
    Response: Comment is acknowledged.
    Comment: 141 commentors support delay of implementation of the 
default measures because, they state, NMFS would then have two full 
years of data on the whiting fishery to gauge the effects of the trip 
limits and minimum mesh sizes. They add that delay would also allow the 
Whiting Monitoring Committee to fully assess the current management 
measures and recommend alternative default measures, if necessary.
    Response: Comment is acknowledged.

Classification

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this final rule would not have a significant 
economic impact on a substantial number of small entities. No comments 
were received regarding the economic impact of this action. As a 
result, a regulatory flexibility analysis was not prepared.
    This action has been determined to be not significant for purposes 
of Executive Order (E.O.) 12866.
    This final rule does not contain policies with federalism 
implications under E.O. 13132.
    This final rule does not contain a collection-of-information 
requirement for purposes of the Paperwork Reduction Act.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 30, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, 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.  648.14, paragraph (z)(2) introductory text is revised 
to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (z) * * *
    (2) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, beginning 
May 1, 2003, it is unlawful for an owner or operator of a vessel issued 
a valid Federal multispecies permit to do any of the following:
* * * * *

    3. In Sec.  648.80, the first sentence of paragraph (a)(3)(i)(A); 
paragraphs (a)(3)(i)(B), (a)(4)(i)(B) and (a)(4)(i)(C); the first 
sentences of paragraphs (a)(7)(i)(B), (a)(8)(i)(A), and (a)(8)(i)(B); 
paragraph (a)(9)(i)(D)(1) and (a)(9)(i)(D)(2); the first sentence of 
paragraphs (a)(14)(i)(B) and (a)(14)(i)(C); paragraph (b)(3)(i)(A); the 
first sentence of paragraph (b)(3)(i)(B); and paragraph (c)(2)(iii) are 
revised to read as follows:


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

* * * * *
    (a) * * *
    (3) * * *
    (i) * * *
    (A) Through April 30, 2003, an owner or operator of a vessel 
fishing in the northern shrimp fishery described in this section under 
this exemption may not fish for, possess on board, or land any species 
of fish other than shrimp, except for the following, with the 
restrictions noted, as allowable incidental species: Longhorn sculpin; 
combined silver hake and offshore hake--up to an amount equal to the 
total weight of shrimp possessed on board or landed, not to exceed 
3,500 lb (1,588 kg); and American lobster--up to 10 percent, by weight, 
of all other species on board or 200 lobsters, whichever is less, 
unless otherwise restricted by landing limits specified in Sec.  697.17 
of this chapter. * * *
    (B) Beginning May 1, 2003, an owner or operator of a vessel fishing 
for northern shrimp may not fish for, possess on board, or land any 
species of fish other than shrimp, except for the following, with the 
restrictions noted, as allowable incidental species: Longhorn sculpin; 
combined silver hake and offshore hake--up to 100 lb (45.36 kg); and 
American lobster--up to 10 percent, by weight, of all other species on 
board or 200 lobsters, whichever is less, unless otherwise restricted 
by landing limits specified in Sec.  697.17 of this chapter.
* * * * *
    (4) * * *
    (i) * * *
    (B) Through April 30, 2003, an owner or operator of a vessel 
fishing in this area may not fish for, possess on board, or land any 
species of fish other than whiting and offshore hake combined--up to a 
maximum of 30,000 lb (13,608 kg), except for the following, with the 
restrictions noted, as allowable incidental species: Herring; longhorn 
sculpin; squid; butterfish; Atlantic mackerel; dogfish, and red hake--
up to 10 percent each, by weight, of all other species on board; 
monkfish and monkfish parts--up to 10 percent, by weight, of all other 
species on board or up to 50 lb (23 kg) tail-weight/166 lb (75 kg) 
whole-weight of monkfish per trip, as specified in Sec.  648.94(c)(4), 
whichever is less; and American lobster--up to 10 percent, by weight, 
of all other species on board or 200 lobsters, whichever is less, 
unless otherwise restricted by landing limits specified in Sec.  697.17 
of this chapter.
    (C) Beginning May 1, 2003, an owner or operator of a vessel fishing 
in this area is subject to the mesh size restrictions specified in 
paragraph (a)(4)(i)(D) of this section and may not fish for, possess on 
board, or land any species of fish other than whiting and offshore hake 
combined--up to a maximum of 10,000 lb (4,536 kg), except for the 
allowable incidental species listed in paragraph (a)(4)(i)(B) of this 
section.
* * * * *
    (7) * * *
    (i) * * *
    (B) Small-mesh multispecies. Beginning May 1, 2003, an exemption 
may be added in an existing fishery for which there are sufficient data 
or information to ascertain the amount of small-mesh multispecies 
bycatch, if the Regional Administrator, after consultation with the 
NEFMC, determines that the percentage of small-mesh multispecies caught 
as bycatch is, or can be reduced to, less than 10 percent, by weight, 
of total catch and

[[Page 5243]]

that such exemption will not jeopardize fishing mortality objectives. * 
* *
* * * * *
    (8) * * *
    (i)(A) Unless otherwise prohibited in Sec.  648.81, through April 
30, 2003, a vessel subject to the minimum mesh size restrictions 
specified in paragraph (a)(2) of this section may fish with or possess 
nets with a mesh size smaller than the minimum size, provided the 
vessel complies with the requirements of paragraphs (a)(3)(ii) or 
(a)(8)(ii) of this section and Sec.  648.86(d) from July 15 through 
November 15, when fishing in Small-mesh Area 1, and from January 1 
through June 30, when fishing in Small-mesh Area 2. * * *
    (B) Unless otherwise prohibited in Sec.  648.81, beginning May 1, 
2003, in addition to the requirements specified in paragraph 
(a)(8)(i)(A) of this section, nets may not have a mesh size of less 
than 3 in (7.62 cm) square or diamond mesh counting the first 100 
meshes (200 bars in the case of square mesh) from the terminus of the 
net for vessels greater than 60 ft (18.28 m) in length and the first 50 
meshes (100 bars in the case of square mesh) from the terminus of the 
net for vessels less than or equal to 60 ft (18.28 m) in length. * * *
* * * * *
    (9) * * *
    (i) * * *
    (D)(1) Through April 30, 2003, the following species may be 
retained, with the restrictions noted, as allowable incidental species 
in the Nantucket Shoals Dogfish Fishery Exemption Area: Longhorn 
sculpin; silver hake--up to 200 lb (90.72 kg); monkfish and monkfish 
parts--up to 10 percent, by weight, of all other species on board or up 
to 50 lb (23 kg) tail-weight/166 lb (75 kg) whole-weight of monkfish 
per trip, as specified in Sec.  648.94(c)(4), whichever is less; 
American lobster--up to 10 percent, by weight, of all other species on 
board or 200 lobsters, whichever is less, unless otherwise restricted 
by landing limits specified in Sec.  697.17 of this chapter; and skate 
or skate parts--up to 10 percent, by weight, of all other species on 
board.
    (2) Beginning May 1, 2003, all nets must comply with a minimum mesh 
size of 3 in (7.62 cm) square or diamond mesh counting the first 100 
meshes (200 bars in the case of square mesh) from the terminus of the 
net for vessels greater than 60 ft (18.28 m) in length and the first 50 
meshes (100 bars in the case of square mesh) from the terminus of the 
net for vessels less than or equal to 60 ft (18.28 m) in length. 
Vessels may retain the allowable incidental species listed in paragraph 
(a)(9)(i)(D)(1) of this section.
* * * * *
    (14) * * *
    (i) * * *
    (B) Up to and including April 30, 2003, all nets must comply with a 
minimum mesh size of 2.5-inch (6.35-cm) square or diamond mesh, subject 
to the restriction as specified in paragraph (a)(14)(i)(D) of this 
section. * * *
    (C) Beginning May 1, 2003, in addition to the requirements 
specified in paragraph (a)(14)(i)(B) of this section, all nets must 
comply with a minimum mesh size of 3-inch (7.62 cm) square or diamond 
mesh, subject to the restrictions as specified in paragraph 
(a)(14)(i)(D) of this section. * * *
* * * * *
    (b) * * *
    (3) * * *
    (i) * * *
    (A) Through April 30, 2003, owners and operators of vessels subject 
to the minimum mesh size restrictions specified in paragraph (b)(2) of 
this section may fish for, harvest, possess, or land butterfish, 
dogfish (trawl only), herring, Atlantic mackerel, ocean pout, scup, 
shrimp, squid, summer flounder, silver hake and offshore hake, and 
weakfish with nets of a mesh size smaller than the minimum size 
specified in the SNE Regulated Mesh Area, provided such vessels comply 
with requirements specified in paragraph (b)(3)(ii) of this section and 
with the mesh size and possession limit restrictions specified under 
Sec.  648.86(d).
    (B) Beginning May 1, 2003, owners and operators of vessels subject 
to the minimum mesh size restrictions specified in paragraph (b)(2) of 
this section may not use nets with mesh size less than 3 in (7.62 cm), 
unless exempted pursuant to paragraph (b)(4) of this section, and may 
fish for, harvest, possess, or land butterfish, dogfish (trawl only), 
herring, Atlantic mackerel, ocean pout, scup, shrimp, squid, summer 
flounder, silver hake and offshore hake--up to 10,000 lb (4,536 kg), 
and weakfish with nets of a mesh size smaller than the minimum size 
specified in the SNE Regulated Mesh Area, provided such vessels comply 
with requirements specified in paragraph (b)(3)(ii) of this section and 
with the possession limit restrictions specified under Sec.  648.86. * 
* *
* * * * *
    (c) * * *
    (2) * * *
    (iii) Small mesh beginning May 1, 2003. Beginning May 1, 2003, nets 
may not have a mesh size of less than 3 in (7.62 cm) square or diamond 
mesh counting the first 100 meshes (200 bars in the case of square 
mesh) from the terminus of the net for vessels greater than 60 ft 
(18.28 m) in length and the first 50 meshes (100 bars in the case of 
square mesh) from the terminus of the net for vessels less than or 
equal to 60 ft (18.28 m) in length.
* * * * *

    4. In Sec.  648.86, the headings to paragraphs (d) and (e) are 
revised to read as follows:


Sec.  648.86  Multispecies possession restrictions.

* * * * *
    (d) Small-mesh multispecies through April 30, 2003.
* * * * *
    (e) Small-mesh multispecies beginning on May 1, 2003--
* * * * *

[[Page 5244]]


    5. In Sec.  648.90, the last sentence of paragraph (a)(2) is 
revised to read as follows:


Sec.  648.90  Multispecies framework specifications.

    (a) * * *
    (2) * * * In addition, for the 2003 fishing year, the WMC must 
consider, and recommend as appropriate, management options other than 
the default measures for small-mesh multispecies management (mesh and 
possession limit restrictions for small-mesh multispecies beginning May 
1, 2003).
* * * * *
[FR Doc. 02-2726 Filed 2-4-02; 8:45 am]
BILLING CODE 3510-22-S