[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Proposed Rules]
[Pages 58280-58282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20279]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070808450-7540-01]
RIN 0648-AV83


Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Regulatory Amendment to Adopt Fishing Gear 
Standards for the NE Multispecies Regular B Day-At-Sea (DAS) Program 
and the Eastern U.S./Canada Haddock Special Access Program (SAP)

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to amend the regulations governing minimum 
performance standards of fishing gear proposed for use in both the NE 
multispecies Regular B DAS Program and the Eastern U.S./Canada Haddock 
SAP. Under the current regulations, the only fishing gear allowed for 
use in the Eastern U.S./Canada Haddock SAP and the only trawl gear 
allowed for use in the Regular B DAS Program is a properly configured 
haddock separator trawl. The purpose of this rule is to ultimately 
provide greater flexibility to fishermen participating in these 
programs.

DATES: Written comments must be received no later than 5 p.m. local 
time on November 14, 2007.

ADDRESSES: You may submit comments, identified by RIN 0648-AV83, by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
     Fax: (978) 281-9135, Attn: Douglas Potts
     Mail: Patricia A. Kurkul, Regional Administrator, 
Northeast Region, National Marine Fisheries Service, One Blackburn 
Drive, Gloucester, MA 01930-2298. Please write on the envelope: 
Comments on Proposed B-DAS Gear Standard (RIN 0648-AV83).
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management 
Specialist, (978) 281-9341, FAX (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) 
differentiated DAS into three categories: Category A DAS; Category B 
(regular and reserve) DAS; and Category C DAS. Category B DAS (regular 
and reserve) were intended to allow effort on stocks that could support 
additional harvest while avoiding stocks of concern. The final rule 
implementing Framework Adjustment (FW) 40-A (November 19, 2004, 69 FR 
67780) created two programs that allow vessels to use their allocation 
of Category B DAS, i.e., the Eastern U.S./Canada Haddock SAP Program 
and the Regular B DAS Program.
    FW 40-A specified that vessels fishing in the Eastern U.S./Canada 
Haddock SAP must use gear that has been demonstrated not to catch 
significant amounts of cod. Upon implementation of FW 40-A, the only 
gear authorized for participation in this SAP was a haddock separator 
trawl, as described in 50 CFR 648.85(a)(3)(iii)(A). The FW 42 final 
rule (October 23, 2006, 71 FR 62156) modified the requirements for 
approval of other fishing gear for use in the Regular B DAS Program and 
the Eastern U.S./Canada Haddock SAP, as specified in Sec.  
648.85(b)(6)(iv)(J)(2) and (b)(8)(v)(E)(2), respectively. Specifically, 
this action authorized the Regional Administrator to approve the use of 
additional fishing gear in the Regular B DAS Program and the Eastern 
U.S./Canada Haddock SAP, provided the gear met performance standards to 
be proposed by the Council.
    On June 21, 2007, the Council approved a motion to recommend that 
the Regional Administrator approve the following gear performance 
standards when considering additional gear for the Eastern U.S./Canada 
Haddock SAP, or additional trawl gear for the Regular B DAS Program: 
New gear must demonstrate a statistically significant reduction in 
catch of each regulated NE multispecies, and other stocks of concern, 
of at least 50 percent (by weight, on a trip-by-trip basis); or the

[[Page 58281]]

catch of each regulated NE multispecies, and other stocks of concern, 
in the new gear must be less than 5 percent of the total catch of 
regulated NE multispecies (by weight, on a trip-by-trip basis).
    The Council further recommended that: These standards must be met 
in a completed experiment, where comparisons of new gear would be made 
to an appropriately selected control gear, that has been reviewed 
according to the standards established by the Council's research policy 
before the gear can be considered and approved by the Regional 
Administrator; and that the requests for additional gear in the Regular 
B DAS Program and the Eastern U.S./Canada Haddock SAP would be made by 
either the Council or Executive Committee.
    The proposed rule seeks public comment on these standards and 
NMFS's interpretation of them. After review of the proposed performance 
standards, NMFS interprets that the phrase ''... reduction in each 
regulated NE multispecies'' would exclude any NE multispecies stock, 
identified by the Council as not being subject to the gear performance 
standard (e.g., Georges Bank haddock in the Eastern U.S./Canada Haddock 
SAP). Further, the term ``stock of concern'' is only defined in the 
regulations for species managed under the NE Multispecies FMP. However, 
in the proposed performance standards submitted by the Council, the 
term ``stock of concern'' is specific to non-groundfish stocks. Thus, 
the Council or the Council's Executive Committee, when considering 
prospective gear for the Eastern U.S./Canada Haddock SAP or the Regular 
B DAS Program, would need to consider what species of concern, in 
addition to non-excluded NE multispecies, e.g., monkfish or skates, 
should meet the criteria specified in the proposed performance 
standards before the Council or the Council's Executive Committee 
submits a request to the Regional Administrator for approval. The 
performance standards, as interpreted by NMFS, and as proposed in this 
rule, would therefore read as follows: ``The Regional Administrator may 
authorize additional gear for use in the Regular B DAS Program (or the 
Eastern U.S./Canada Haddock SAP, as applicable) through notice 
consistent with all applicable law. The new gear must demonstrate a 
statistically significant reduction in catch of regulated NE 
multispecies, other than regulated NE multispecies identified by the 
Council as not being subject to this gear performance standard, and 
other non-groundfish stocks of concern identified by the Council, of at 
least 50 percent (by weight, on a trip-by-trip basis), or the catch of 
each non-targeted regulated NE multispecies and other stocks of concern 
identified by the Council in the new gear must be less than 5 percent 
of the total catch of regulated NE multispecies (by weight, on a trip-
by-trip basis).''
    This proposed rule would also correct an inadvertent omission by 
reinserting relevant regulatory text specific to the U.S./Canada 
Management Area gear requirements that was inadvertently removed 
through the final rule implementing FW 42. The Amendment 13 final rule 
(April 27, 2004, 69 FR 22906) established gear requirements for vessels 
participating in the Eastern U.S./Canada Area. Trawl vessels 
participating in this area are required to use either a haddock 
separator trawl or one of two flatfish nets defined in the regulations 
at Sec.  648.85(a)(3)(iii)(A) and (B). These gear requirements were 
intended to allow vessels to harvest either haddock or flatfish without 
catching cod and other groundfish stocks not capable of supporting 
higher catch rates. An April 13, 2006, emergency final rule (71 FR 
19348) revised the introductory text of the regulations at Sec.  
648.85(a)(3)(iii) to accommodate revised regulatory references 
associated with emergency measures. However, due to an error in the 
regulatory text of that rule, the emergency final rule inadvertently 
and indefinitely removed the introductory text at Sec.  
648.85(a)(3)(iii) from the regulations. This regulation was not 
reinserted in the FW 42 final rule, so the current regulations do not 
accurately reflect the original gear requirements implemented under 
Amendment 13, as contained in the original introductory text of Sec.  
648.85(a)(3)(iii). To correct this omission, this action would reinsert 
the introductory text at Sec.  648.85(a)(3)(iii) that was inadvertently 
removed by the April 13, 2006, emergency final rule as revised by this 
rule to allow additional fishing gear that may be approved for use in 
the Regular B DAS Program and the Eastern U.S./Canada Haddock SAP.

Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the NE Multispecies FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Regional Administrator has determined that this proposed rule 
is a minor technical addition, correction, or change to a management 
plan and is therefore categorically excluded from the requirement to 
prepare an Environmental Impact Statement or equivalent document under 
the National Environmental Policy Act.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
This amendment does not specifically change any gear requirements. It 
provides standards that must be met before a new gear can be proposed 
for use in these programs. Once a gear is proposed by the Council under 
these standards, then a fuller analysis of the environmental and/or 
economic impacts of its adoption may be necessary at that time. As a 
result, an initial regulatory flexibility analysis is not required and 
none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: October 9, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 648 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, paragraphs (a)(132) and (c)(81) are revised to 
read as follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (132) If fishing with trawl gear under a NE multispecies DAS in the 
Eastern U.S./Canada Area defined in Sec.  648.85(a)(1)(ii), fail to 
fish with a haddock separator trawl or a flounder trawl net, as 
specified in Sec.  648.85(a)(3)(iii); unless using other gear as 
authorized under Sec.  648.85 (b)(6) or (b)(8).
* * * * *
    (c) * * *
    (81) If fishing with trawl gear in the Regular B DAS Program 
specified in Sec.  648.85(b)(6), fail to use a haddock separator trawl 
as described under

[[Page 58282]]

Sec.  648.85(a)(3)(iii)(A); or other gear as authorized under Sec.  
648.85(b)(6)(iv)(J).
* * * * *
    3. In Sec.  648.85, paragraphs (a)(3)(iii) introductory text is 
added and paragraphs (b)(6)(iv)(J)(2) and (b)(8)(v)(E)(2) are revised 
to read as follows:


Sec.  648.85  Special management programs.

    (a) * * *
    (3) * * *
    (iii) Gear requirements. NE multispecies vessels fishing with trawl 
gear in the Eastern U.S./Canada Area defined in paragraph (a)(1)(ii) of 
this section, unless otherwise provided in paragraphs (b)(6) and (b)(8) 
of this section, must fish with a haddock separator trawl or a flounder 
trawl net, as described in paragraphs (a)(3)(iii)(A) and (B) of this 
section (both nets may be onboard the fishing vessel simultaneously). 
Gear other than the haddock separator trawl or the flounder trawl net 
as described in paragraph (a)(3)(iii) of this section, or gear 
authorized under paragraphs (b)(6) and (b)(8) of this section, may be 
on board the vessel during a trip to the Eastern U.S./Canada Area, 
provided the gear is stowed according to the regulations at Sec.  
648.23(b). The description of the haddock separator trawl and flounder 
trawl net in this paragraph (a)(3)(iii) may be further specified by the 
Regional Administrator through publication of such specifications in 
the Federal Register, consistent with the requirements of the 
Administrative Procedure Act.
* * * * *
    (b) * * *
    (6) * * *
    (iv) * * *
    (J) * * *
    (2) Approval of additional gear. At the request of the Council or 
the Council's Executive Committee, the Regional Administrator may 
authorize additional gear for use in the Regular B DAS Program, through 
notice consistent with the Administrative Procedure Act. The proposed 
gear must satisfy standards specified in paragraph (b)(6)(iv)(J)(2)(i) 
or (ii) of this section in a completed experiment that has been 
reviewed according to the standards established by the Council's 
research policy before the gear can be considered and approved by the 
Regional Administrator. Comparisons of the criteria specified in this 
paragraph (b)(6)(iv)(J)(2) will be made to an appropriately selected 
control gear.
    (i) The gear must show a statistically significant reduction in 
catch of at least 50 percent (by weight, on a trip-by-trip basis) of 
regulated species, unless otherwise specified in this paragraph, and 
other stocks of concern identified by the Council. This does not apply 
to regulated species identified by the Council as not being subject to 
gear performance standards; or
    (ii) The catch of each regulated species, unless otherwise 
specified in this paragraph, and other stocks of concern identified by 
the Council, must be less than five percent of the total catch of 
regulated NE multispecies (by weight, on a trip-by-trip basis). This 
does not apply to regulated species identified by the Council as not 
being subject to gear performance standards.
* * * * *
    (8) * * *
    (v) * * *
    (E) * * *
    (2) Approval of additional gear. The Regional Administrator may 
authorize additional gear for use in the Eastern U.S./Canada Haddock 
SAP in accordance with the standards and requirements specified at 
Sec.  648.85(b)(6)(iv)(J)(2).
* * * * *
[FR Doc. E7-20279 Filed 10-12-07; 8:45 am]
BILLING CODE 3510-22-S