[Federal Register: April 28, 2003 (Volume 68, Number 81)]
[Rules and Regulations]
[Page 22333-22338]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap03-18]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 030210027-3097-02; I.D. 012103E]
RIN 0648- AQ35
50 CFR Part 648
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 37 to the Northeast
Multispecies Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement measures contained in
Framework Adjustment 37 (Framework 37) to the Northeast (NE)
Multispecies Fishery Management Plan (FMP) to eliminate the Year 4
default measure for whiting in both stock areas; reinstate the
Cultivator Shoal whiting fishery (CSWF) season through October 31 each
year; eliminate the 10-percent restriction on red hake incidental catch
in the CSWF; adjust the incidental catch allowances in Small Mesh Areas
1 and 2 so that they are consistent with those in the Cape Cod Bay
raised footrope trawl fishery; clarify the transfer-at-sea provisions
for small-mesh multispecies for use as bait; modify slightly the Cape
Cod Bay raised footrope trawl fishery area; and retain the 30,000-lb
(13.6-mt) trip limit for the CSWF.
DATES: Effective May 1, 2003.
ADDRESSES: Copies of the Framework 37 document, its Regulatory Impact
Review (RIR), the Environmental Assessment and other supporting
documents for the framework adjustment are available from Paul J.
Howard, Executive Director, New England Fishery Management Council, 50
Water Street, Mill 2, Newburyport, MA 01950. These documents are also
available online at http://www.nefmc.org.
This action is also based upon analyses conducted in support of
Amendment 12 to the FMP. Copies of the Amendment 12 document, its RIR,
IRFA and the July 1, 1999, supplement to the IRFA prepared by NMFS, the
Final Supplemental Environmental Impact Statement, and other supporting
documents for Amendment 12 are available from Paul J. Howard (See
address above). The Final Regulatory Flexibility Analysis (FRFA) for
Amendment 12 consisted of the IRFA, public comments and responses
contained in the final rule implementing Amendment 12 (65 FR 16766,
March 29, 2000), and the summary of impacts and alternatives in that
final rule.
FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy
Analyst, 978-281-9272.
SUPPLEMENTARY INFORMATION: This final rule implements measures
contained in Framework 37 to the FMP. Details concerning the
justification for and development of Framework 37 and the implementing
regulations were provided in the preamble to the proposed rule (68 FR
8731, February 25, 2003) and are not repeated here.
This framework adjustment eliminates the Year 4 default measure in
both whiting stock areas and implements adjustments to allow for
moderate increases in effort on small-mesh multispecies in the northern
stock area. This adjustment is necessary because current regulations
specify that the Year 4 default measure will become effective in both
stock areas on May 1, 2003, unless modified or eliminated by a New
England Fishery Management Council (Council) action.
This final rule also reinstates the CSWF season through October 31
each
[[Page 22334]]
year; eliminates the 10-percent restriction on red hake incidental
catch in the CSWF; adjusts the incidental catch allowances in Small
Mesh Areas 1 and 2 so that they are consistent with those in the Cape
Cod Bay raised footrope trawl fishery; clarifies the transfer-at-sea
provisions for small-mesh multispecies for use as bait; modifies
slightly the Cape Cod Bay raised footrope trawl fishery area; and
continues the status quo 30,000-lb (13.6-mt) trip limit for the CSWF.
Prior to Amendment 12 to the FMP, the season for the CSWF was June
15-October 31. Amendment 12 shortened the season to end on September 30
as an effort reduction measure. This action reinstates the month of
October to the CSWF, which will provide increased economic opportunity
for participating vessels. Further discussion appears in the
Classification section of this preamble.
Currently, participants in the CSWF are limited in their red hake
landings to 10 percent, by weight, of all other fish on board.
According to the Whiting Monitoring Committee, there is no biological
reason to restrict the catch of red hake at this time. The current
restriction on red hake landings may cause discards in the CSWF.
Because of market limitations, it is unlikely that this action will
encourage directed fishing on red hake. This action also will simplify
and improve the consistency of regulations for exempted fisheries in
the northern stock area, since no other exempted small mesh fishery in
the northern area includes such a restriction on red hake landings.
Three of the four exempted whiting fisheries in the northern area
currently require the use of a raised footrope trawl to minimize
bycatch of groundfish. However, the incidental catch allowances for
these three fisheries are not consistent with each other. The
incidental catch allowances for the Cape Cod Bay raised footrope trawl
fishery were established to discourage vessels from rigging their gear
improperly and allowing it to fish on the ocean bottom. As a result,
bottom-dwelling species, such as lobster and monkfish, are prohibited
in the Cape Cod Bay raised footrope trawl fishery. Because Small Mesh
Areas 1 and 2 require use of the raised footrope trawl, the Council
felt it appropriate to allow the same incidental catch species for
Small Mesh Areas 1 and 2 and to provide the same incentives for fishing
the required gear properly. Specifically, monkfish, lobster, ocean
pout, and sculpin will no longer be allowed to be taken as incidental
catch in Small Mesh Areas 1 and 2. The following species will be the
only allowable incidentally caught species in these areas: Red hake,
squid, butterfish, mackerel, dogfish, herring, and scup.
Clarification of the transfer at sea provisions for small-mesh
multispecies reflects the status quo for vessels that are currently
engaged in this activity. The Whiting Monitoring Committee has
indicated that there is no biological reason to restrict the catch of
northern red hake. Vessels will be allowed to transfer up to 500 lb
(226.8 kg) of whiting and unlimited amounts of red hake at sea for use
as bait.
The slight area modification to the Cape Cod Bay raised footrope
trawl fishery will provide Provincetown fishermen with improved access
to this fishery in times of inclement and unpredictable weather,
thereby promoting the safety of the Provincetown vessels, which tend to
be smaller and older than vessels from other ports. Specifically, the
southern boundary of the area will move from the Loran 44100 line to
the 42o N. lat. line, creating a ``lee'' by opening a triangle-shaped
area totaling 5.5 square miles (14.3 sq. km).
Comments and Responses
Two sets of written comments on the proposed rule were received
during the comment period, which ended March 27, 2003. A comment was
also received prior to the comment period. All three comments
addressing the proposed rule were considered in implementation of the
management measures in the final rule and are responded to here.
Comment 1: Both commenters believe that the current trip limit in
the CSWF is unnecessarily restrictive and each commenter disagrees with
the Council's decision not to increase the trip limit in accord with
one of the alternatives considered and analyzed by the Council as set
forth in Framework 37. Both commenters urge that the Regional
Administrator either increase or eliminate the trip limit in the CSWF.
Response: Under the default measures, the trip limit for all
whiting trips, including trips in CSWF, would have been 10,000 lb (4.5
mt), thereby reducing the status quo CSWF trip limit from 30,000 lb to
10,000 lb (13.6 mt to 4.5 mt). In developing Framework 37, the Council
considered increasing the CSWF trip limit to several levels above the
30,000-lb (13.6-mt) CSWF trip limit, but ultimately decided to retain
the status quo trip limit of 30,000 lb (13.6 mt). NMFS has determined
that there are valid reasons for keeping the trip limit at 30,000 lb
(13.6 mt), as discussed in the FRFA. Under the Magnuson-Stevens Fishery
Conservation and Management Act, NMFS may only approve, disapprove, or
partially approve an action proposed by the Council. Disapproval of the
Framework 37 trip limits would, in this case, be less desirable, as the
more restrictive Year 4 default measures (CSWF trip limit of 10,000 lb
(4.5 mt)) would be implemented, resulting in significant adverse
economic impacts on all sectors of the small-mesh multispecies fishery.
This result would run counter to the commenters' concerns about the
CSWF trip limit being too small. Approving the Framework 37 trip
limits, therefore, is more consistent with commenters' concerns than
disapproving them, which is the only other option available. Commenters
may raise their concerns about the CSWF trip limit to the Council for
possible future action.
Comment 2: Both commenters supported the Council's decision that
the Year 4 default measures contained in Amendment 12 were not
necessary, and one commenter further supported all of the measures
contained within Framework 37.
Response: Elimination of the Amendment 12 Year 4 default measure
and its replacement with the measures contained in Framework 37 is
generally supported by the fishing community. In addition, NMFS
believes these measures contained in Framework 37 are necessary and are
consistent with the national standards and other provisions of the
Magnuson-Stevens Act.
Comment 3: A commenter voiced concern over potential economic
impacts associated with the proposed modification to incidental catch
allowances in Small Mesh Areas 1 and 2. This modification will prohibit
the retention of monkfish and lobsters in these areas and may generate
regulatory discards and affect profitability for some vessels.
Response: The modification to incidental catch allowances in Small
Mesh Areas 1 and 2 will provide the same incentives for fishing the
required gear properly (e.g., discourage improper rigging, which could
allow gear to fish on the ocean bottom) as it does in the Cape Cod Bay
raised footrope trawl fishery. This modification brings the incidental
catch allowances for all three raised footrope trawl fisheries into
consistency with each other. The amount of monkfish and lobster
currently retained by vessels in Small Mesh Areas 1 and 2 is small (<15
lb (6.8 kg) per trip, on average, in 2001), and landings of these
species do not contribute significantly to vessel revenues (<$20 per
trip, on average, in 2001).
[[Page 22335]]
Classification
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA), waives the
30-day delayed effectiveness period of the implementing regulations
contained within this final rule, pursuant to 5 U.S.C. 553(d)(1). These
management measures relieve a restriction by replacing the
unnecessarily restrictive Year 4 default measures, which are otherwise
scheduled to be implemented on May 1, 2003. This final rule will
eliminate the Year 4 default measure for whiting in both stock areas;
reinstate the CSWF season through October 31 each year; eliminate the
10-percent restriction on red hake incidental catch in the CSWF; and
slightly modify the Cape Cod Bay raised footrope trawl fishery area,
thus replacing unnecessary restrictive year 4 default measures.
Implementation of this final rule will preclude the default measures
and their negative economic impacts on the industry and fishing
communities. Therefore, the AA finds good cause under 5 U.S.C.
553(d)(1) to waive the 30-day delayed effectiveness period of the
implementing regulations.
The Year 4 default measures would prohibit vessels from using nets
with mesh size less than 3 inches (7.62 cm) (square or diamond) in most
fisheries operating within the three Regulated Mesh Areas in New
England and Mid-Atlantic waters and impose a 10,000-lb (4,536-kg)
combined possession limit in most fisheries on whiting and offshore
hake. In addition, the existing possession limit for whiting and
offshore hake in the Small Mesh Northern Shrimp Fishery would be
reduced from an amount equal to the total weight of shrimp on board
(not to exceed 3,500 lb (1,588 kg)) to 100 lb (45.3 kg). Under the
regulations that implement Amendment 12, these measures would become
effective May 1, 2003, unless superseded by revised measures, such as
those in Framework 37.
The analyses in Amendment 12 indicated that substantial negative
economic and social impacts would be likely to result from implementing
the Year 4 default measures. The default measures would be expected to
generate large losses of not only small-mesh multispecies, but also
other small mesh species, such as squid. Shinnecock, NY is projected to
experience the largest reductions in landings of all species combined
from the Year 4 default measures (39.4 percent), followed by Greenport,
NY (36.7 percent), Point Judith, RI (32.8 percent), Montauk, NY (25.9
percent), Gloucester, MA (16.4 percent), Portland, ME (14.8 percent),
Provincetown, MA (11.5 percent), Cape May, NJ (9.7 percent), Point
Pleasant, NJ (8.0 percent), and Belford, NJ (7.2 percent). Although
Connecticut ports could not be analyzed due to data limitations, it is
likely that the default measures would produce similar impacts in the
ports of Stonington and New London.
Included in this final rule is the Final Regulatory Flexibility
Analysis prepared pursuant to 5 U.S.C. 604(a). The FRFA incorporates
the IRFA, a supplement to the IRFA prepared by NMFS in consultation
with the Council, the comments and responses to the proposed rule, and
the analyses completed in support of this action. A copy of the IRFA is
available from the Council (see ADDRESSES).
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being considered,
and the objectives of and legal basis for this action, is contained in
the preamble to the proposed rule and is not repeated in its entirety
here.
Summary of Significant Issues Raised in Public Comments
Two comments, only one of which pertained to the IRFA, were
received during the comment period on the proposed rule. The comment
relating to the IRFA addressed the issue of the current trip limit in
the CSWF. The commenters stated that the current trip limit in the CSWF
is unnecessarily restrictive and disagreed with the Councils decision
not to increase the trip limit in accord with one of the alternatives
considered and analyzed by the Council as set forth in Framework 37.
The commenters urged further, that the Regional Administrator either
increase or eliminate the trip limit in the CSWF. See Comment 1 and
NMFS' response.
An additional comment was received prior to the comment period and
this commenter voiced concern over potential economic impacts
associated with the proposed modification to incidental catch
allowances in Small Mesh Areas 1 and 2. See Comment 3 and NMFS'
response. NMFS determined, after consideration of the public comments,
that no changes to the proposed rule were required to be made as a
result of the comments.
Description and Estimate of Number of Small Entities to which Rule will
Apply
The IRFA identified 1,156 individual vessels that reported landing
one or more combined pounds of whiting, red hake, and offshore hake
during calendar years 1995 to 1997. From 1995 to 2001, no more than 676
vessels reported landing small mesh multispecies in any one year. All
of these vessels are small entities as defined in 5 U.S.C. 601(3) and,
therefore, all alternatives and analyses contained in Framework 37
necessarily reflect impacts on small entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
Framework 37 does not contain any new recordkeeping, reporting, or
compliance requirements.
Steps Taken to Minimize Economic Impacts on Small Entities
NMFS and the Council prepared an economic analysis for Amendment 12
that indicated that implementation of the amendment, including the
restrictive Year 4 default measures, would have a significant economic
impact on a substantial number of small entities. Since costs of
individual vessel operations were not available, gross revenues were
used as a proxy for profitability. The management measures proposed for
Years 1-3 were estimated to ``substantially'' reduce gross revenues
from all species for 81 vessels. If the Year 4 default measures were to
be implemented, 222 vessels would be likely to experience a substantial
reduction in annual gross revenues.
Framework 37 will eliminate the Year 4 default measures for small-
mesh multispecies in both the northern and southern whiting stock
areas, and adjust measures to allow increased opportunities to fish for
small-mesh multispecies in the northern area. A summary of the economic
impacts of the measures to be substituted for the Year 4 default
measures follow.
Impacts of Reinstating the CSWF Season
Adjustments to measures in the CSWF increase economic opportunities
for affected entities. An average of 16 vessels participated in the
CSWF from 1995-2001; 25 vessels participated in the fishery during
2001. Reinstating October to the CSWF season will have beneficial
economic effects for vessels that had traditionally prosecuted the
fishery during October and will increase economic opportunity for other
vessels that are able to participate. Maintaining the current CSWF
season (through
[[Page 22336]]
September 30) would result in fewer opportunities to harvest whiting
and lost economic opportunities for fishermen who otherwise would
participate in the CSWF during October.
Impacts of Eliminating the Restriction on Red Hake Incidental Catch
Allowance in the CSWF
Landings data for red hake do not indicate that the current
incidental catch allowance is a constraint to increased retention of
red hake. Elimination of the red hake incidental catch allowance in the
CSWF will permit vessels to increase trip profits on the occasions
where the current incidental catch allowance will be exceeded. For this
reason, removal of the incidental catch allowance will not likely
result in any market effects but will permit vessels to increase trip
income on the occasions where the current allowance will be exceeded.
Impacts of Modifying Incidental Catch Allowances for Small Mesh Areas 1
and 2
The proposed modifications to the incidental catch allowances in
Small Mesh Areas 1 and 2 may have some negative economic impacts, since
retention of monkfish and lobster will be prohibited (78 vessels fished
in Small Mesh Areas 1 and 2 during 2000). For the period 1998-2001, the
landed value of lobster and monkfish from these fisheries has averaged
about $30,000 annually, based on an average of 1,800 trips per year.
Given the low level of revenues from these species in Small Mesh Areas
1 and 2, it is expected that this action will have only a minimal
impact on vessel profitability. It is unlikely that the proposed change
in catch allowances will have any substantial impact on gross revenues
from all sources of fishing income for vessels participating in this
fishery. However, there may be some occasions where revenues from
monkfish or lobster could affect vessel profitability for a given trip.
In these cases, eliminating the incidental catch allowance may have a
negative economic impact, as the trip may be abandoned, but the precise
magnitude of such impacts cannot be accurately predicted.
Impacts of Clarifying the Transfer at Sea Provisions for Small-Mesh
Multispecies
Clarification of the transfer at sea provisions for small-mesh
multispecies will allow vessels to transfer 500 lb (226.8 kg) of
whiting and unlimited amounts of red hake at sea for use as bait and
will represent the status quo for vessels that are currently engaged in
this activity. No impacts are expected.
Impacts of Area Modification to the Cape Cod Bay Raised Footrope Trawl
Fishery
The southern boundary of the Cape Cod Bay Raised Footrope Trawl
Fishery area will move from the Loran 44100 line to the 42o N. lat.
line, creating a ``lee'' by opening a triangle-shaped area totaling 5.5
square miles (14.3 sq. km). This slight area modification will likely
produce small, but positive, economic impacts to vessels utilizing the
expanded area.
Impacts of Retention of the 30,000 Possession Limit for the CSWF
The Council concluded that the proposed retention of the status quo
30,000-lb (13.6-mt) possession limit for the CSWF will have no economic
impact to present participants in the fishery, since gross revenues are
not expected to change under this trip limit. The Council also
considered, but rejected, four alternatives to the proposed possession
limit, including a default possession limit of 10,000 lb (4.5 mt) and
three higher possession limits, ranging from 50,000 to 90,000 lb (22.7
to 40.8 mt). The Council determined that the 10,000-lb (4.5-mt) default
possession limit, which was previously analyzed in Amendment 12 to the
FMP, would have substantially negative impacts resulting from an
estimated 20,000-lb (9-mt) or 67-percent reduction in the possession
limit. Some fishing vessel owners believe that retention of the current
30,000-lb (13.6-mt) possession limit will continue to serve as a
disincentive for them to participate in the CSWF, by restricting their
potential profitability.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule, or group of related rules, for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide will be sent
to all holders of permits issued for the NE multispecies fishery. In
addition, copies of this final rule and guide (i.e., permit holder
letter) are available from the Regional Administrator (see ADDRESSES)
and may be found at the following web site: http://www.nmfs.gov/ro/doc/nero.html
.
List of Subjects in 50 CFR Part 648
Fishing, Fisheries, Reporting and recordkeeping requirements.
Dated: April 22, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory programs, National Marine
fisheries Service.
0
For the reasons stated in the preamble, 50 CFR part 648 is amended to
read 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. 648.13, paragraph (b)(2) introductory text is revised to
read as follows:
Sec. 648.13 Transfers at sea.
* * * * *
(b) * * *
(2) Vessels issued a Federal multispecies permit under Sec.
648.4(a)(1) may transfer from one vessel to another, for use as bait,
up to 500 lb (226.8 kg) of silver hake and unlimited amounts of red
hake, per trip, provided:
* * * * *
0
3. In Sec. 648.14, paragraph (z)(2) is removed and reserved.
Sec. 648.14 Prohibitions.
* * * * *
(z) * * *
(2) [Reserved]
* * * * *
0
4. In Sec. 648.80,
a. Revise paragraphs (a)(5)(i), (a)(6)(i), (a)(8)(i) and
(a)(8)(ii), (a)(9)(i) and (a)(9)(ii) introductory text, (a)(10)(i)(D),
and (a)(15) introductory text and (a)(15)(i)(B). Paragraph
(a)(15)(i)(C) is removed and reserved.
b. Revise paragraph (b)(3)(i) to read as follows:
Sec. 648.80 Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(a) * * *
(5) * * *
(i) Restrictions on fishing for, possessing, or landing fish other
than shrimp. An owner or operator of a vessel fishing in the northern
shrimp fishery under the exemption described in this paragraph (a)(5)
may not fish for, possess on board, or land any species of fish other
than shrimp, except for the following, with the restrictions noted, as
[[Page 22337]]
allowable incidental species: Longhorn sculpin; combined silver hake
and offshore hake--up to an amount equal to the total weight of shrimp
possessed on board or landed, not to exceed 3,500 lb (1,588 kg); and
American lobster--up to 10 percent, by weight, of all other species on
board or 200 lobsters, whichever is less, unless otherwise restricted
by landing limits specified in Sec. 697.17 of this chapter. Silver
hake and offshore hake on board a vessel subject to this possession
limit must be separated from other species of fish and stored so as to
be readily available for inspection.
* * * * *
(6) * * *
(i) Requirements. (A) A vessel fishing in the Cultivator Shoal
Whiting Fishery Exemption Area under this exemption must have on board
a valid letter of authorization issued by the Regional Administrator.
(B) An owner or operator of a vessel fishing in this area may not
fish for, possess on board, or land any species of fish other than
whiting and offshore hake combined--up to a maximum of 30,000 lb
(13,608 kg), except for the following, with the restrictions noted, as
allowable incidental species: Herring; longhorn sculpin; squid;
butterfish; Atlantic mackerel; dogfish; red hake; monkfish and monkfish
parts--up to 10 percent, by weight, of all other species on board or up
to 50 lb (23 kg) tail-weight/166 lb (75 kg) whole-weight of monkfish
per trip, as specified in Sec. 648.94(c)(4), whichever is less; and
American lobster--up to 10 percent, by weight, of all other species on
board or 200 lobsters, whichever is less, unless otherwise restricted
by landing limits specified in Sec. 697.17 of this chapter.
(C) Counting from the terminus of the net, all nets must have a
minimum mesh size of 3-inch (7.6-cm) square or diamond mesh applied to
the first 100 meshes (200 bars in the case of square mesh) for vessels
greater than 60 ft (18.3 m) in length and applied to the first 50
meshes (100 bars in the case of square mesh) for vessels less than or
equal to 60 ft (18.3 m) in length.
(D) Fishing is confined to a season of June 15 through October 31,
unless otherwise specified by notification in the Federal Register.
(E) When a vessel is transiting through the GOM or GB Regulated
Mesh Areas specified under paragraphs (a)(1) and (a)(2) of this
section, any nets with a mesh size smaller than the minimum mesh
specified in paragraphs (a)(3) or (a)(4) of this section must be stowed
in accordance with one of the methods specified in Sec. 648.23(b),
unless the vessel is fishing for small-mesh multispecies under another
exempted fishery specified in this paragraph (a).
(F) A vessel fishing in the Cultivator Shoal Whiting Fishery
Exemption Area may fish for small-mesh multispecies in exempted
fisheries outside of the Cultivator Shoal Whiting Fishery Exemption
Area, provided that the vessel complies with the requirements specified
in this paragraph (a)(6)(i) for the entire trip.
* * * * *
(8) * * *
(i) Regulated multispecies. An exemption may be added in an
existing fishery for which there are sufficient data or information to
ascertain the amount of regulated species bycatch, if the Regional
Administrator, after consultation with the NEFMC, determines that the
percentage of regulated species caught as bycatch is, or can be reduced
to, less than 5 percent, by weight, of total catch and that such
exemption will not jeopardize fishing mortality objectives. In
determining whether exempting a fishery may jeopardize meeting fishing
mortality objectives, the Regional Administrator may take into
consideration various factors including, but not limited to, juvenile
mortality. A fishery can be defined, restricted, or allowed by area,
gear, season, or other means determined to be appropriate to reduce
bycatch of regulated species. An existing exemption may be deleted or
modified if the Regional Administrator determines that the catch of
regulated species is equal to or greater than 5 percent, by weight, of
total catch, or that continuing the exemption may jeopardize meeting
fishing mortality objectives. Notification of additions, deletions or
modifications will be made through issuance of a rule in the Federal
Register.
(ii) The NEFMC may recommend to the Regional Administrator, through
the framework procedure specified in Sec. 648.90(b), additions or
deletions to exemptions for fisheries, either existing or proposed, for
which there may be insufficient data or information for the Regional
Administrator to determine, without public comment, percentage catch of
regulated species.
* * * * *
(9) * * *
(i) Description. (A) Unless otherwise prohibited in Sec. 648.81, a
vessel subject to the minimum mesh size restrictions specified in
paragraphs (a)(3) or (a)(4) of this section may fish with or possess
nets with a mesh size smaller than the minimum size, provided the
vessel complies with the requirements of paragraphs (a)(5)(ii), or
(a)(9)(ii) of this section and of Sec. 648.86(d), from July 15 through
November 15, when fishing in Small Mesh Area 1, and from January 1
through June 30, when fishing in Small Mesh Area 2. While lawfully
fishing in these areas with mesh smaller than the minimum size, an
owner or operator of any vessel may not fish for, possess on board, or
land any species of fish other than: Silver hake and offshore hake--up
to the amounts specified in Sec. 648.86(d); butterfish; dogfish;
herring; Atlantic mackerel; scup; squid; and red hake.
(B) Small-mesh areas 1 and 2 are defined by straight lines
connecting the following points in the order stated (copies of a chart
depicting these areas are available from the Regional Administrator
upon request (see Table 1 to Sec. 600.502 of this chapter)):
Small Mesh Area I
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
SM1 43[deg]03'.............. 70[deg]27'
SM2 42[deg]57'.............. 70[deg]22'
SM3 42[deg]47'.............. 70[deg]32'
SM4 42[deg]45'.............. 70[deg]29'
SM5 42[deg]43'.............. 70[deg]32'
SM6 42[deg]44'.............. 70[deg]39'
SM7 42[deg]49'.............. 70[deg]43'
SM8 42[deg]50'.............. 70o41'
SM9 42[deg]53'.............. 70[deg]43'
SM10 42[deg]55'.............. 70[deg]40'
SM11 42[deg]59'.............. 70[deg]32'
SM1 43[deg]03'.............. 70[deg]27'
------------------------------------------------------------------------
Small Mesh Area II
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
SM13 43[deg]05.6'............ 69[deg]55'
SM14 43[deg]10.1'............ 69[deg] 43.3'
SM15 [deg]49.5'.............. 69[deg] 40'
SM16 42[deg] 41.5'........... 69[deg]40'
SM17 42[deg] 36.6'........... 69[deg]55'
SM13 43[deg]05.6'............ 69[deg]55'
------------------------------------------------------------------------
(ii) Raised footrope trawl. Vessels fishing with trawl gear must
configure it in such a way that, when towed, the gear is not in contact
with the ocean bottom. Vessels are presumed to be fishing in such a
manner if their trawl gear is designed as specified in paragraphs
(a)(9)(ii)(A) through (D) of this section and is towed so that it does
not come into contact with the ocean bottom.
* * * * *
(10) * * *
(i) * * *
(D) Incidental species provisions. The following species may be
possessed and landed, with the restrictions noted, as allowable
incidental species in the Nantucket Shoals Dogfish Fishery Exemption
Area: Longhorn sculpin;
[[Page 22338]]
silver hake--up to 200 lb (90.7 kg); monkfish and monkfish parts--up to
10 percent, by weight, of all other species on board or up to 50 lb (23
kg) tail-weight/166 lb (75 kg) whole-weight of monkfish per trip, as
specified in Sec. 648.94(c)(4), whichever is less; American lobster--
up to 10 percent, by weight, of all other species on board or 200
lobsters, whichever is less, unless otherwise restricted by landing
limits specified in Sec. 697.17 of this chapter; and skate or skate
parts--up to 10 percent, by weight, of all other species on board.
* * * * *
(15) Raised Footrope Trawl Exempted Whiting Fishery. Vessels
subject to the minimum mesh size restrictions specified in paragraphs
(a)(3) or (a)(4) of this section may fish with, use, or possess nets in
the Raised Footrope Trawl Whiting Fishery area with a mesh size smaller
than the minimum size specified, if the vessel complies with the
requirements specified in paragraph (a)(15)(i) of this section. This
exemption does not apply to the Cashes Ledge Closure Areas or the
Western GOM Area Closure specified in Sec. 648.81(h) and (i). The
Raised Footrope Trawl Whiting Fishery Area (copies of a chart depicting
the area are available from the Regional Administrator upon request) is
defined by straight lines connecting the following points in the order
stated:
RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA (September 1
through November 20)
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
RF1 42[deg]14.05'........... 70[deg]08.8'
RF2 42[deg]09.2'............ 69[deg]47.8'
RF3 41[deg]54.85'........... 69[deg]35.2'
RF4 41[deg]41.5'............ 69[deg]32.85'
RF5 41[deg]39'.............. 69[deg]44.3'
RF6 41[deg]45.6'............ 69[deg]51.8'
RF7 41[deg]52.3'............ 69[deg]52.55'
RF8 41[deg]55.5'............ 69[deg]53.45'
RF9 42[deg]08.35'........... 70[deg]04.05'
RF10 42[deg]04.75'........... 70[deg]16.95'
RF11 42[deg]00'.............. 70[deg]13.2'
RF12 42[deg]00'.............. 70[deg]24.1'
RF13 42[deg]07.85'........... 70[deg]30.1'
RF1 42[deg]14.05'........... 70[deg]08.8'
------------------------------------------------------------------------
RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA (November 21
through December 31)
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
RF1 42[deg]14.05'........... 70[deg]08.8'
RF2 42[deg]09.2'............ 69[deg]47.8'
RF3 41[deg]54.85'........... 69[deg]35.2'[deg]
RF4 41[deg]41.5'............ 69[deg]32.85'
RF5 41[deg]39'.............. 69[deg]44.3'
RF6 41[deg]45.6'............ 69[deg]51.8'
RF7 41[deg]52.3'............ 69[deg]52.55'
RF8 41[deg]55.5'............ 69[deg]53.45'
RF9 42[deg]08.35'........... 70[deg]04.05'
RF1 42[deg]14.05'........... 70[deg]08.8'
........................ ........................
........................ ........................
------------------------------------------------------------------------
* * * * *
(i) * * *
(B) All nets must be no smaller than a minimum mesh size of 2.5-
inch (6.35-cm) square or diamond mesh, subject to the restrictions as
specified in paragraph (a)(14)(i)(D) of this section. An owner or
operator of a vessel enrolled in the raised footrope whiting fishery
may not fish for, possess on board, or land any species of fish other
than whiting and offshore hake subject to the applicable possession
limits as specified in Sec. 648.86, except for the following allowable
incidental species: Red hake; butterfish; dogfish; herring; mackerel;
scup; and squid.
(C) [Reserved]
* * * * *
(b) * * *
(3) Exemptions--(i) Species exemptions. Owners and operators of
vessels subject to the minimum mesh size restrictions specified in
paragraphs (a)(4) and (b)(2) of this section, may fish for, harvest,
possess, or land butterfish, dogfish (trawl only), herring, Atlantic
mackerel, ocean pout, scup, shrimp, squid, summer flounder, silver hake
and offshore hake, and weakfish with nets of a mesh size smaller than
the minimum size specified in the GB and SNE Regulated Mesh Areas when
fishing in the SNE Exemption Area defined in paragraph (b)(10) of this
section, provided such vessels comply with requirements specified in
paragraph (b)(3)(ii) of this section and with the mesh size and
possession limit restrictions specified under Sec. 648.86(d).
* * * * *
[FR Doc. 03-10410 Filed 4-25-03; 8:45 am]
BILLING CODE 3510-22-S