[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Rules and Regulations]
[Pages 71032-71033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31484]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 020409081-3154-02; I.D. 032103B]
RIN 0648-AQ72


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

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

ACTION: Notice of continuation of regulations.

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SUMMARY: The regulations contained in the emergency rule published on 
June 27, 2003, in order to reduce overfishing and continue conservation 
measures, are continued for an additional 180 days, after which 
subsequent Secretarial action may be taken to ensure that sufficient 
measures to reduce overfishing remain in place, or until Amendment 13 
to the NE Multispecies Fishery Management Plan (FMP) is implemented (on 
or about May 1, 2004), whichever occurs first. Amendment 13 will 
implement rebuilding plans for several groundfish stocks and address 
capacity issues in the fishery. This notice is necessary to comply with 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) regarding the continuation of emergency measures.

DATES: The final emergency rule published June 27, 2003, at 68 FR 
38234, which became effective July 28, 2003, continues in effect until 
superseded by a future rule action to be published in the Federal 
Register.

ADDRESSES: Copies of the small entity compliance guide prepared for the 
June 27, 2003, final emergency rule are available from Patricia A. 
Kurkul, Regional Administrator, NE Regional Office, National Marine 
Fisheries Service, One Blackburn Drive, Gloucester, MA 01930-2298. The 
letter is also accessible via the Internet at http://www.nero.noaa.gov. 
Copies of the June 27, 2003, final emergency rule, including the 
Environmental Assessment/ Regulatory Impact Review/Final Regulatory 
Flexibility Analysis (EA/RIR/FRFA), and public comments and responses 
are available upon request from the Regional Administrator. The EA/RIR/
FRFA is also accessible via the Internet at http://www.nero.nmfs.gov.

FOR FURTHER INFORMATION CONTACT: Susan Chinn, Fishery Management 
Specialist, (978) 281-9218, fax (978) 281-9135, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2002, NMFS published an interim final rule (67 FR 
50292) that implemented interim measures intended to reduce overfishing 
on species managed under the FMP. The August 1, 2002, interim final 
rule was in response to a Remedial Order issued on May 23, 2002, by the 
U.S. District Court for the District of Columbia (Court). The interim 
rule completed

[[Page 71033]]

implementation of restrictions specified in a Settlement Agreement, 
which was ordered to be implemented by the Court.
    Based on the May 23, 2002, Court Order, the management measures 
implemented by the August 1, 2002, interim rule and its extension, must 
remain in effect until implementation of Amendment 13 to the FMP, which 
is scheduled to be in effect no later than May 1, 2004. On January 22, 
2003, NMFS published a Notice of Continuation of Regulations in the 
Federal Register (68 FR 2919) to inform the public of the continuance 
of the interim regulations for a second 180-day period. Under the 
Magnuson-Stevens Act, however, the authority to implement interim 
regulations is limited to two consecutive 180-day periods. The second 
180-day period ended on July 27, 2003.
    Because the schedule for implementation of Amendment 13 was 
extended until May 1, 2004, emergency Secretarial action was necessary 
to continue the current management measures from July 28, 2003, until 
the implementation of Amendment 13 (on or about May 2004). Due to the 
need to continue the regulations until May 1, 2004, a proposed 
emergency rule, soliciting public comment, was published on April 24, 
2003 (68 FR 20096), and subsequently corrected on May 9, 2003 (68 FR 
24914), followed by a final emergency rule (68 FR 38234), published on 
June 27, 2003, implementing emergency measures intended to reduce 
overfishing on species managed under the FMP and to continue most 
interim conservation measures specified in the Settlement Agreement 
until Amendment 13 is implemented. These measures included a freeze on 
days-at-sea (DAS) at the highest annual level used from fishing years 
1996-2000 and a 20-percent cut from that level; a freeze on the 
issuance of new open access Hand-gear permits; gear restrictions for 
certain gear types, including gillnets, hook-gear and trawl nets; 
modifications and additions to the closure areas; and restrictions on 
yellowtail flounder catch. In addition, in response to public comment 
on the proposed rule, the final emergency rule implemented measures 
pertaining to haddock, including reducing the haddock minimum size 
limit for private recreational and party/charter vessels to 21 inches 
(52.5 cm), and relaxing the haddock trip limit (also known as bag 
limit) for charter/party and open access Handgear permit vessels.
    Pursuant to section 305(c) of the Magnuson-Stevens Act, the June 
27, 2003, emergency rule may remain in effect for 180 days and may be 
extended through publication in the Federal Register, for one 
additional period of 180 days, provided the public has had an 
opportunity to comment on the emergency rule. The public was given such 
opportunity to comment in the form of a proposed rule before the final 
emergency rule was published. NMFS has determined that it is necessary 
to continue this emergency rule to reduce overfishing and to comply 
with the Court Order. Because the management measures implemented by 
the June 27, 2003, final emergency rule were written in such a way as 
to be effective indefinitely, no formal regulatory action is necessary. 
Instead, to comply with section 305(c) of the Magnuson-Stevens Act, it 
is necessary only to publish in the Federal Register a Notice of 
Continuation of Regulations to inform the public that NMFS has decided 
to continue these regulations. The impacts of continuing the Settlement 
Agreement measures, with some modifications, were analyzed in the 
Environmental Assessment completed for the June 27, 2003, final 
emergency rule.
    The June 27, 2003, final emergency rule was determined to be 
significant for purposes of Executive Order 12866.

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

    Dated: December 16, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-31484 Filed 12-17-03; 2:56 pm]
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