27710 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations DEPARTMENT OF COMMERCE this final rule should be sent to Andrew gillnet gear is in the water; and a winter A. Rosenberg, Director, Northeast flounder possession allowance when National Oceanic and Atmospheric Region, NMFS, One Blackburn Drive, fishing in the Mid-Atlantic regulated Administration Gloucester, MA 01930±2298 and to the mesh area. Office of Information and Regulatory Disapproved Measures 50 CFR Part 651 Affairs, OMB, Washington, D.C. 20503 [Docket No. 960216032±6138±03; I.D. (Attention: NOAA Desk Officer). Amendment 7 imposes new 021296E] FOR FURTHER INFORMATION CONTACT: restrictions on charter and party vessels. RIN 0648±AI94 Susan A. Murphy, Fishery Policy Such vessels may, under certain Analyst, 508±281±9252. circumstances and criteria, fish under Northeast Multispecies Fishery; SUPPLEMENTARY INFORMATION: This final either the recreational or commercial Amendment 7 rule implements approved measures requirements of these regulations. A contained in Amendment 7 to the call-in requirement for charter/party AGENCY: National Marine Fisheries multispecies FMP which was approved vessels was proposed by the Council to Service (NMFS), National Oceanic and by NMFS on behalf of the Secretary of provide a way for law enforcement Atmospheric Administration (NOAA), Commerce (Secretary) on May 16, 1996. officers to discern which of these Commerce. Three measures contained in requirements a vessel was subject to. ACTION: Final rule. Amendment 7, as originally submitted, This measure has been disapproved were disapproved by NMFS on behalf of because NMFS believes that sufficient SUMMARY: NMFS issues this final rule to the Secretary when they were submitted means exist to distinguish recreational implement approved measures and consequently were not a part of the and commercial activities. Further, the contained in Amendment 7 to the proposed rule published on March 5, U.S. Coast Guard (USCG) and NMFS Northeast Multispecies Fishery 1996 (61 FR 8540). Reasons for Office of Law Enforcement have Management Plan (FMP) including a disapproval of those measures were recommended against adoption of this resubmitted part of the amendment. given in the proposed rule and are not measure because it would not improve These regulations: Establish an annual repeated here. Two of these measures, a enforceability of the charter/party target Total Allowable Catch (TAC) for provision that would allow additional restrictions. This recommendation led regulated species; accelerate the current DAS for vessels enrolled in the Large the Council, in their comments on the days-at-sea (DAS) effort reduction Mesh Individual DAS category and a proposed rule, to also recommend program; eliminate most of the 300-lb (136.1-kg) possession limit when against adoption of this measure. exemptions to the effort control program fishing in an exempted fishery with 8- Because this requirement would place a and revise the requirements for taking inch (20.32-cm) mesh, were resubmitted significant administrative burden on the time out of the fishery; add new closed by the New England Fishery call-in system with no discernable areas; restrict fisheries in the Gulf of Management Council (Council). The benefit, it is neither consistent with Maine/Georges Bank (GOM/GB) and latter measure was again disapproved. National Standard 7 nor Executive Southern New England (SNE) regulated The provision that would allow Order 12866 and is disapproved. mesh areas having more than a minimal additional DAS for vessels enrolled in The second disapproved measure bycatch of regulated species; establish the Large Mesh Individual DAS category proposed counting gillnet DAS as time the current experimental Nantucket was contained in a proposed rule when gear is in the water, rather than Shoals dogfish fishery as an exempted published on April 18, 1996 (61 FR time when the vessel is away from the fishery; modify the permit categories; 16892). During the public comment dock. The Council proposed this establish restrictions on charter/party period, no comments were received. measure in an attempt to resolve and recreational vessels; and revise and This measure was approved by NMFS perceived inequities in the DAS expand the existing framework on behalf of the Secretary on May 17, accounting methods for fixed gear provisions. The intended effect of this 1996, and is also implemented by this versus mobile gear. However, the rule is to rebuild multispecies stocks. In rule. proposal did not adequately resolve addition, NMFS informs the public of Details concerning the justification for enforcement difficulties of monitoring the approval by the Office of and development of Amendment 7 were the amount of time gear was in the Management and Budget (OMB) of the provided in the notice of proposed water or the administrative problems in collection-of-information requirements rulemaling (61 FR 8540, March 5, 1996) determining baseline allocations for contained in this rule and publishes the and are not repeated here. gillnet Individual DAS category vessels. OMB control numbers for these In that notice, NMFS requested the Moreover, the Council itself has collections. public to comment on all proposed expressed concern with this measure EFFECTIVE DATE: July 1, 1996. measures, but to focus on several and has initiated the process to ADDRESSES: Copies of Amendment 7, its measures of concern in particular. After reconsider the method for counting regulatory impact review (RIR) and the NMFS reviewed the amendment and the gillnet DAS structure. Because the initial regulatory flexibility analysis public comments received relative to administrative burden of establishing a (IRFA) contained within the RIR, and the amendment and the proposed rule, method of accounting and allocating the Final Supplemental Environmental NMFS disapproved three additional DAS is extensive, the efficiency Impact Statement (FSEIS), and copies of measures based on its determination standards of E.O. 12866 and National the resubmitted part and its supporting that they are inconsistent with one or Standard 7 would be compromised by documents, are available from Douglas more of the national standards of the the almost immediate change to the Marshall, Executive Director, New Magnuson Fishery Conservation and system that the Council is England Fishery Management Council, Management Act (Magnuson Act) or contemplating. Disapproval of this Suntaug Office Park, 5 Broadway (US other applicable law. These measures measure means that DAS for gillnet Rte. 1), Saugus, MA 01906±1097. are: A call-in requirement for charter/ vessels will be counted in the same way Comments regarding the collection-of- party vessels; counting DAS for gillnet that DAS are counted for all other information requirements contained in vessels by the amount of time that vessels, as time away from port. Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations 27711 The measure that would have allowed Hook-Gear and Gillnet vessels) and categories are also established for a bycatch of winter flounder by vessels allocates either Individual DAS or Fleet vessels electing to fish with large mesh. fishing in the Mid-Atlantic regulated DAS to these vessels, except for vessels Vessels reassigned as a result of this rule mesh area (10 percent by weight of all 30 ft (9.1 m) or less in length. Limited will have 45 days from the date of other species on board or 200 lb (90.7 access vessels 30 ft (9.1 m) or less in publication of this rule to change their kg), whichever is less) has also been length may choose either to fish under 1996 permit category. disapproved. The most recent the DAS program or be restricted to a Three new open access permit assessment of winter flounder advises possession limit of CHY up to a categories established are Handgear, that fishing mortality should be reduced maximum combined weight of 300 lb Charter/Party and Scallop Multispecies immediately to the lowest possible (136.1 kg). Possession Limit, each with specific level. Therefore, there is no justification This rule eliminates the existing possession and gear restrictions. for treating this regulated species any requirement for vessels in the Fleet DAS This rule imposes several new differently than others in similar category to take blocks of time ``out of restrictions for recreational and charter/ condition. Although the cap on the the multispecies fishery.'' It also party vessels, including a 20 inch (50.8 allowed catch would discourage vessels eliminates the layover days currently cm) minimum fish size for cod and from targeting winter flounder, this required after completion of a haddock for the first year of the plan, measure would reduce the beneficial multispecies trip. However, all vessels increasing to 21 inches (53.3 cm) in the conservation effect of the DAS program subject to the DAS effort control second year, a prohibition on the sale of on the winter flounder resource and is, program are required to take one 20- multispecies finfish, and a 10 fish therefore, inconsistent with National consecutive-day block of time out of the possession limit on cod and haddock, Standard 1. multispecies fishery between March 1 combined, for individual recreational through May 31. Vessels 30 ft (9.1 m) or anglers. Approved Measures less in length issued a Small Vessel The FMP's existing framework Amendment 7 establishes a procedure permit and vessels issued an open provisions are revised to remove