[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Rules and Regulations]
[Pages 72965-72967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24948]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070808450-7714-02]
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: Final rule.

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[[Page 72966]]

SUMMARY: NMFS amends 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. The New 
England Fishery Management Council (Council) may request the 
Administrator, Northeast Region, NMFS (Regional Administrator) approve 
additional gear types for use in these programs if they meet the 
standard. The purpose of this rule is to provide greater flexibility to 
fishermen participating in these programs.

DATES: Effective January 25, 2008.

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

SUPPLEMENTARY INFORMATION:

Background

    On June 21, 2007, the Council approved a motion to recommend that 
the Regional Administrator approve gear performance standards for 
additional gear types in the Eastern U.S./Canada Haddock SAP, or 
additional trawl gear in the Regular B DAS Program.
    On October 15, 2007, NMFS published a proposed rule in the Federal 
Register (72 FR 58280) to amend the regulations on procedures and 
requirements to approve additional gear types for use in these two 
programs. Public comment was accepted through November 14, 2007, and 
two comments were received, as summarized below. The NE multispecies 
DAS effort control system and the history of these two programs were 
outlined in the proposed rule and are not repeated here.
    This final rule also corrects 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 Framework Adjustment 42 to the 
Northeast Multispecies Fishery Management Plan. Additional details were 
provided in the proposed rule and are not repeated here.

Comments and Responses

    NMFS received two comments during the comment period for the 
proposed rule. These comments were submitted by the Council and by the 
Cape Cod Commercial Hook Fisherman's Association (CCCHFA). The specific 
issues raised in these two comments are addressed below.
    Comment 1: The Council noted that the term ``stock of concern'' is 
only defined in the regulations as regulated groundfish stocks that are 
overfished or subject to overfishing and would not be applicable for 
non-regulated groundfish species.
    Response: The proposed rule language specific to ``other stocks of 
concern'' was based upon the language in the original Council motion. 
To avoid any uncertainty about the phrase ``other stocks of concern,'' 
the regulatory language has been further modified to define such other 
stocks as other non-groundfish stocks that are overfished or subject to 
overfishing identified by the Council.
    Comment 2: The Council commented that the proposed rule was unclear 
on whether the required reductions in catch were for all regulated 
groundfish or just stocks of concern. From Council discussions it is 
clear the intent was to limit the reductions to stocks that are 
overfished or are experiencing overfishing.
    Response: The regulatory language has been modified to clarify that 
reductions are specific to stocks that are overfished or experiencing 
overfishing.
    Comment 3: The CCCHFA commented that the NMFS Regional 
Administrator should have greater flexibility to add or remove gear 
from these programs based on how that gear is used in the fishery, and 
not solely on its performance in a controlled research setting.
    Response: To be consistent with the Council's request for gear 
standards, and the purpose of allowing certain types of gear in areas 
where bycatch of groundfish stocks of concern may occur, rigorous 
experimental comparison is necessary to thoroughly demonstrate that a 
new proposed gear is comparable to those currently approved. The 
potential for bycatch, and the impacts of environmental conditions, 
vessel size, or crew behavior are difficult to properly account for 
when monitoring the performance of gear in the commercial fishery. 
However, the performance of gear in the fishery will continue to be 
monitored and the use of inappropriate modification or misuse of gear 
to negate the required catch reduction may result in removal of gear 
from these programs.
    Comment 4: The CCCHFA stated that allowing the Council to specify 
which stocks are subject to the standard and which are not would reduce 
flexibility in these programs.
    Response: This provision was included in the regulatory text 
specifically to increase the flexibility for both the Council and the 
NMFS Regional Administrator. If the regulations specified which stocks 
had to show reduced catch and which could sustain increased mortality, 
it would require a regulatory change to modify the regulations if 
rebuilt stocks, or stocks in relatively good condition, for example, 
declined in the future.
    Comment 5: The CCCHFA expressed concern that experimental results 
may not translate well into gear performance in the fishery. Gear could 
be misused and either result in reduced harvest of the intended target 
species, or increased catch of bycatch species.
    Response: The proper use of any approved gear is a legitimate 
concern. To the extent practical, important aspects of approved gear 
will be specified in the regulations. As noted in the response to 
Comment 3, the performance of gear in the fishery will continue to be 
monitored and possession limits, for example, could be adjusted to 
encourage the proper use of specific gear. If it becomes evident that a 
gear is not working effectively in the field, it may be removed from 
these programs.

Changes From the Proposed Rule

    NMFS has made changes to the proposed rule. In Sec.  648.85, 
paragraphs (b)(6)(iv)(J)(2)(i) and (ii) have been revised, in response 
to comment and in order to be consistent with Council intent, by 
specifying that required catch reductions apply to regulated species 
stocks of concern and non-groundfish stocks that are overfished or 
subject to overfishing.

Classification

    The Administrator, Northeast Region, NMFS, determined that the 
final rule is necessary for the conservation and management of the NE 
multispecies fishery and that it is consistent with the Magnuson-
Stevens Fishery Conservation and Management Act and other applicable 
laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Regional Administrator has determined that this final 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the

[[Page 72967]]

proposed rule and is not repeated here. No comments were received 
regarding this certification or on the economic impacts of the proposed 
rule. As a result, a regulatory flexibility analysis was not required 
and none was prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 18, 2007
Samuel D. Rauch III,
Deputy Assistant Administrator For RegulatoryPrograms, National Marine 
Fisheries Service.

0
For the reasons stated 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.

0
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 Sec.  648.85(a)(3)(iii)(A); or other gear as 
authorized under Sec.  648.85(b)(6)(iv)(J).
* * * * *

0
3. In Sec.  648.85, paragraph (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 
each regulated species stock of concern, unless otherwise allowed in 
this paragraph (b)(6)(iv)(J)(2)(i), or other non-groundfish stocks that 
are overfished or subject to overfishing identified by the Council. 
This requirement 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 stock of concern, unless 
otherwise allowed in this paragraph (b)(6)(iv)(J)(2)(ii), or other non-
groundfish stocks that are overfished or subject to overfishing 
identified by the Council, must be less than 5 percent of the total 
catch of regulated groundfish (by weight, on a trip-by-trip basis). 
This requirement 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. E7-24948 Filed 12-21-07; 8:45 am]
BILLING CODE 3510-22-S