[Federal Register Volume 68, Number 18 (Tuesday, January 28, 2003)]
[Rules and Regulations]
[Pages 4113-4115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1906]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 020409080-3013-07 ; I.D. 101802B]
RIN 0648-AP78


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Regulations 
Governing Northeast Multispecies and Monkfish Days-at-Sea

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule implementing a regulatory 
amendment to correct minor oversights in the August 1, 2002, interim 
final rule that implemented additional restrictions to reduce 
overfishing on species managed under the Northeast (NE) Multispecies 
Fishery Management Plan (FMP). The intent of this regulatory amendment 
is to revise monkfish days-at-sea (DAS) regulations in order to provide 
vessels possessing limited access Category C or D monkfish permits the 
opportunity to fish their full allocation of up to 40 monkfish DAS, 
regardless of the amount of NE multispecies DAS available to an 
individual vessel as of August 1, 2002. This regulatory amendment also 
revises ambiguous language to clarify that a vessel fishing under a 
Southern New England (SNE) and Mid-Atlantic (MA) Yellowtail Flounder 
Possession/Landing Letter of Authorization (LOA) may fish in the Gulf 
of Maine (GOM) or Georges Bank (GB) Regulated Mesh Areas (RMAs), 
provided the vessel abides by the more restrictive yellowtail flounder 
possession limits of the SNE and MA RMAs north of 40[deg]00' N. lat.

DATES: Effective January 28, 2003.

ADDRESSES: Copies of the Regulatory Impact Review (RIR) prepared for 
this action are available from the Regional Administrator at the 
following address: National Marine Fisheries Service, 1 Blackburn 
Drive, Gloucester, MA 01930. This document is also accessible via the 
Internet at http://www.nero.nmfs.gov.

FOR FURTHER INFORMATION CONTACT: Allison Ferreira, Fishery Policy 
Analyst, phone: 978-281-9103, fax: 978-281-9135, e-mail: 
[email protected]

SUPPLEMENTARY INFORMATION:

Background

    NMFS published an interim final rule on August 1, 2002 (67 FR 
50292), implementing the Settlement Agreement Among Certain Parties 
(Settlement Agreement), which was ordered by the U.S. District Court 
for the District of Columbia (Court) as a result of Conservation Law 
Foundation et al. v. Evans et al. The objective of the interim final 
rule was to reduce overfishing consistent with and pursuant to section 
305(c)(3) of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), while Amendment 13 to the FMP is being 
developed. However, following the publication of the interim final 
rule, some minor oversights in the rule became apparent. As a result, 
NMFS published a proposed rule (67 FR 70570) on November 25, 2002, for 
a regulatory amendment to correct these minor oversights.
    The measures contained in this final rule are unchanged from those 
published in the proposed rule and are summarized in the following 
paragraphs. A complete discussion of the revisions being made to the 
August 1, 2002, interim final rule through this regulatory amendment, 
and the rationale for these revisions were

[[Page 4114]]

presented in the preamble to the proposed rule and are not repeated 
here.
    The intent of the August 1, 2002, interim final rule was to provide 
vessels possessing limited access Category C or D monkfish permits with 
the opportunity to use their full annual allocation of 40 monkfish DAS, 
regardless of the number of NE multispecies DAS allocated under the 
Settlement Agreement. However, as currently written, the interim final 
rule specifies that Category C or D monkfish vessels that have been 
allocated fewer than 40 NE multispecies DAS may fish, as monkfish-only 
DAS (i.e., monkfish DAS that do not have to be fished concurrently with 
a NE multispecies DAS), those monkfish DAS equal to the difference 
between their NE multispecies DAS allocation and their monkfish DAS 
allocation for the fishing year May 1 through April 30. This does not 
account for vessels that used NE multispecies DAS prior to August 1, 
2002, and, as a result, had fewer unused NE multispecies than unused 
monkfish DAS as of August 1, 2002. Therefore, NMFS, through this final 
rule, enables limited access Category C or D monkfish vessels to fish 
all of their allocated monkfish DAS that were unused as of August 1, 
2002, regardless of how many NE multispecies DAS they had remaining as 
of August 1, 2002. This regulatory amendment modifies the monkfish DAS 
regulations found at Sec.  648.92(b)(2), and applies to only the 2002 
fishing year, which ends April 30, 2003. For the 2002 fishing year, 
this regulatory amendment authorizes a vessel to fish its monkfish-only 
DAS equal to the difference between the number of its unused monkfish 
DAS and its unused NE multispecies DAS as of August 1, 2002, in 
addition to the unused monkfish DAS associated with the vessel's unused 
NE multispecies DAS as of August 1, 2002. For the 2003 fishing year, 
vessels allocated fewer NE multispecies DAS than monkfish DAS would 
fish the difference in DAS as monkfish-only DAS, as stipulated in the 
August 1, 2002, interim final rule.
    As under the current August 1, 2002, interim final rule, vessels 
fishing under a monkfish-only DAS will be required to fish under the 
same provisions as limited access Category A and B monkfish vessels. 
Limited access monkfish Category A and B vessels are required to fish 
their monkfish DAS in an existing monkfish exempted fishery, a fishery 
that has been demonstrated to result in less than a 5-percent bycatch 
of NE multispecies. The existing monkfish exemption areas are specified 
under Sec.  648.81. A map of these exemption areas is also available 
from the Northeast Regional Office of NMFS (see FOR FURTHER INFORMATION 
CONTACT).
    This regulatory amendment also revises ambiguous regulatory 
language pertaining to yellowtail flounder possession restrictions. The 
intent of the August 1, 2002, interim final rule was to allow vessels 
possessing a SNE and MA Yellowtail Flounder Possession/Landing LOA to 
fish any part of a trip in the GOM or GB RMAs, provided that they abide 
by the more restrictive yellowtail flounder possession limits of the 
SNE and MA RMAs north of 40o00' N. lat. However, this is not clearly 
stated in existing regulations pertaining to yellowtail flounder 
possession restrictions found at Sec.  648.86(h)(2)(ii). Therefore, 
this action revises the regulatory language to clarify that vessels 
possessing a SNE and MA Yellowtail Flounder Possession/Landing LOA may 
fish in the GOM or GB RMAs under the more restrictive yellowtail 
possession limits of the SNE and MA RMAs.
    NMFS will announce any continuation of the August 1, 2002, interim 
final rule by publishing notification in the Federal Register. Because 
this final rule amends that interim final rule, it will remain in 
effect for the duration of the August 1, 2002, interim final rule, 
including any continuation.

Comments and Responses

    No public comments were received on the proposed rule.

Classification

    The Administrator, Northeast Region, NMFS, determined that this 
regulatory amendment is necessary for the conservation and management 
of the NE multispecies and monkfish fisheries and that it is consistent 
with the Magnuson-Stevens Act and other applicable laws.
    This final rule makes minor revisions to the regulations contained 
in the August 1, 2002, interim final rule in order to reflect NMFS' 
intent in implementing the Settlement Agreement. The interim final rule 
restricts a population of limited access Category C and D monkfish 
vessels' from using their full allocation of 40 monkfish DAS. This 
final rule relieves that restriction by permitting these vessels to 
utilize 40 monkfish DAS, regardless of the amount of NE multispecies 
DAS available as of August 1, 2002. It is imperative that this rule be 
effective immediately so that affected individuals can maximize the use 
of their monkfish DAS prior to the end of the fishing season on April 
30, 2003. Therefore, because this rule relieves a restriction, the 
Assistant Administrator for Fisheries, NOAA, finds good cause under the 
Administrative Procedure Act pursuant to 5 U.S.C. 553 (d)(1) to waive 
the 30-day delay in effectiveness date for this final rule.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule would not have a significant economic 
impact on a substantial number of small entities. No comments were 
received regarding this certification. As a result, a regulatory 
flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 22, 2003
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: Authority: 16 U.S.C. 1801 et seq.

    2. In Sec.  648.86, paragraph (h)(2) (ii) is revised to read as 
follows:


Sec.  648.86  Multispecies possession restrictions.

* * * * *
    (h) * * *
    (2) * * *
    (ii) The vessel does not fish south of 40[deg]00' N. lat. for a 
minimum of 30 consecutive days (when fishing under the NE multispecies 
DAS program, or under the monkfish DAS program if the vessel is fishing 
under the limited access monkfish Category C or D provisions). Vessels 
subject to these restrictions may fish any portion of a trip in the GOM 
and GB Regulated Mesh Areas, provided the vessel complies with the 
possession restrictions specified under this paragraph (h). Vessels 
subject to these restrictions may also transit the SNE and MA Regulated 
Mesh Areas south of 40[deg]00' N. lat., provided the gear is stowed in 
accordance with one of the provisions of Sec.  648.23(b).
* * * * *

    3. In Sec.  648.92, paragraph (b)(2) is revised to read as follows:

[[Page 4115]]

Sec.  648.92  Effort-control program for monkfish limited access 
vessels.

* * * * *
    (b) * * *
    (2) Category C and D limited access monkfish permit holders. (i) 
August 1, 2002 - April 30, 2003. Each monkfish DAS used by a limited 
access multispecies or scallop vessel holding a Category C or D limited 
access monkfish permit shall also be counted as a multispecies or 
scallop DAS, as applicable, unless otherwise specified in this 
paragraph (b). A Category C or D vessel that had fewer unused 
multispecies DAS than unused monkfish DAS as of August 1, 2002, may 
fish under the limited access monkfish provisions for Category A or B 
vessels, as applicable, for the number of DAS that equal the difference 
between its unused monkfish DAS and unused multispecies DAS as of 
August 1, 2002. For such vessels, when the total allocation of 
multispecies DAS has been used, a monkfish DAS may be used without 
concurrent use of a multispecies DAS. (For example, if a monkfish 
Category D vessel has 10 NE multispecies DAS and 40 monkfish DAS 
remaining as of August 1, 2002, that vessel may use the remaining 30 
monkfish DAS to fish on monkfish, without a NE multispecies DAS being 
used, once the remaining 10 NE multispecies DAS have been utilized. 
However, the vessel must fish the remaining 30 monkfish DAS under the 
regulations pertaining to a Category B vessel, and must not retain any 
regulated multispecies.)
    (ii) Beginning May 1, 2003. Each monkfish DAS used by a limited 
access multispecies or scallop vessel holding a Category C or D limited 
access monkfish permit shall also be counted as a multispecies or 
scallop DAS, as applicable, except when a Category C or D vessel that 
has an allocation of multispecies DAS under Sec.  648.82(l) that is 
less than the number of monkfish DAS allocated for the fishing year May 
1 through April 30, that vessel may fish under the monkfish limited 
access Category A or B provisions, as applicable, for the number of DAS 
that equal the difference between the number of its allocated monkfish 
DAS and the number of its allocated multispecies DAS. For such vessels, 
when the total allocation of multispecies DAS have been used, a 
monkfish DAS may be used without concurrent use of a multispecies DAS. 
(For example, if a monkfish Category D vessel's multispecies DAS 
allocation is 30, and the vessel fished 30 monkfish DAS, 30 
multispecies DAS would also be used. However, after all 30 multispecies 
DAS are used, the vessel may utilize its remaining 10 monkfish DAS to 
fish on monkfish, without a multispecies DAS being used, provided that 
the vessel fishes under the regulations pertaining to a Category B 
vessel and does not retain any regulated multispecies.)
* * * * *
[FR Doc. 03-1906 Filed 1-27-03; 8:45 am]
BILLING CODE 3510-22-S