[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Proposed Rules]
[Page 36970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15663]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030409081-3081-01; I.D. 032103B]
RIN 0648-AQ72


Fisheries of the Northeastern United States; Magnuson-Stevens 
Fishery Conservation and Management Act Provisions; Northeast 
Multispecies Fishery

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

ACTION: Notification of changes to the Northeast Multispecies proposed 
emergency rule.

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SUMMARY: NMFS announces changes to the Northeast Multispecies proposed 
emergency rule published on April 24, 2003, which continues the 
measures implemented on August 1, 2002. Pursuant to the Settlement 
Agreement Among Certain Parties (Settlement Agreement) ordered to be 
implemented by the United States District Court for the District of 
Columbia (Court), NMFS is required to notify the Non-Federal Settling 
Parties of any changes that may not substantially conform in all 
material respects to the measures identified in the Settlement 
Agreement and implemented in the August 1, 2002, interim final rule. On 
June 17, 2003, NMFS forwarded the required notification to the Non-
Federal Settling Parties and the remaining litigation parties.

FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, 
(978) 281-9347, fax (978) 281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2002, NMFS published an interim final rule (67 FR 
50292), which implemented the Settlement Agreement in Conservation Law 
Foundation, et al. v. Evans, et al. Civil No. 00-1134 (D.D.C.). 
Pursuant to the Court's Remedial Order of May 23, 2002, the measures 
implemented in the August 1, 2002, interim final rule are expected to 
remain in place until implementation of Amendment 13 to the Northeast 
Multispecies Fishery Management Plan (FMP). Because the Court granted 
an extension of the Amendment 13 implementation date until May 1, 2004, 
and because the August 1, 2002, interim final rule is set to expire on 
July 27, 2003, NMFS published a proposed emergency rule on April 24, 
2003, (68 FR 20096) in order to continue the measures until 
implementation of Amendment 13.
    Pursuant to the Settlement Agreement, NMFS is notifying the Non-
Federal Settling Parties of changes to the proposed emergency rule. 
Because the changes would modify the August 1, 2002, interim final rule 
in a manner that may arguably substantially differ from the interim 
final rule, NMFS believes that notification to the parties is 
appropriate. To ensure full disclosure of all communications to the 
public regarding NMFS' consideration of changes to the proposed 
emergency rule published on April 24, 2003, to continue interim 
measures implemented on August 1, 2002, NMFS announces that it has sent 
letters to the counsel of all parties and intervenors in Conservation 
Law Foundation, et al. v. Evans, et al. The letters inform the parties 
that NMFS intends to make the following changes to the proposed 
emergency rule to be effective July 28, 2003: (1) a reduction in the 
minimum size limit for haddock from 23 inches (58.4-cm) to 21 inches 
(52.5-cm) total length for charter/party and private recreational 
vessels; (2) an increase in the haddock trip limit for open access 
Handgear vessels from 200 lb (90.7 kg) up to 300 lb (136.1 kg) (i.e. 
vessels may possess and land up to 300 lb (136.1 kg) of haddock, cod, 
and yellowtail flounder, combined, although no more than 200 lb (90.7 
kg) of which can be cod and yellowtail flounder, combined); and (3) 
removal of the Gulf of Maine haddock bag limit for charter/party 
vessels. These changes are made due to the unique circumstances of the 
haddock fishery, including, the fact that overfishing is not occurring 
in the haddock fishery, the disproportionate haddock restrictions among 
different fishing sectors, the potential to reduce discarded haddock 
bycatch, and the fact that the haddock stock can withstand higher 
fishing mortality rates.
    This notification is not intended to solicit additional public 
comments, but rather, to provide the public with equivalent disclosure 
of changes to the proposed emergency rule.

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

    Dated: June 17, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-15663 Filed 6-17-03; 3:31 pm]
BILLING CODE 3510-22-S