[Federal Register Volume 65, Number 249 (Wednesday, December 27, 2000)]
[Rules and Regulations]
[Pages 81761-81766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32956]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 001025298-0349-02; I.D. 101000C]
RIN 0648-AO56
Fisheries of the Northeastern United States; Summer Flounder,
Scup, Black Sea Bass, Atlantic Mackerel, Squid and Butterfish
Fisheries; Modification of Scup Gear Restricted Areas (GRAs) and
Exemptions to the GRAs, and Modifications to the Landing Limits in the
Atlantic Mackerel, Squid, and Butterfish Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to modify the GRAs that were
established in the Mid-Atlantic Bight to reduce scup bycatch in small-
mesh fisheries; exempt Atlantic mackerel fishing from all of the GRA
restrictions and Loligo squid fishing from the November 1 through
December 31, 2000, GRA restrictions; modify the procedure and criteria
for exempting small-mesh fisheries from the requirements of the GRAs;
and modify the landing limits in the Atlantic mackerel, squid and
butterfish fisheries. The modification of the GRAs is intended to
reduce negative economic impacts on the small-mesh fishing industry,
while still ensuring that scup bycatch in small-mesh fisheries is
reduced. The modification of the procedure for exempting small-mesh
fisheries from the requirements of the GRAs is intended to address
problems with the current method of determining exemptions. The
modification of the landing limits in the Atlantic mackerel, squid and
butterfish fisheries is necessary to discourage directed fishing after
the closure of the directed fisheries.
DATES: Effective December 23, 2000, except for amendments in
Secs. 648.14(a)(73), 648.14(p)(3) and (p)(4), 648.22(c), and
648.122(e), which are effective January 26, 2001.
ADDRESSES: Copies of the Regulatory Impact Review (RIR), the Initial
Regulatory Flexibility Analysis (IRFA) and Final Regulatory Flexibility
Analysis (FRFA) contained within the RIR, and the Environmental
Assessment (EA) are available from the Northeast Regional Office,
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA
01930-2298. The EA/RIR/FRFA is also accessible via the Internet at
http:/www.nero.gov/ro/doc/nr.htm.
Send comments on any ambiguity or unnecessary complexity arising
from the language used in this final rule to the Northeast Regional
Office at the same address.
FOR FURTHER INFORMATION CONTACT: Richard A. Pearson, Fishery Policy
Analyst, at 978-281-9279.
SUPPLEMENTARY INFORMATION: A proposed rule for this action was
published in the Federal Register on November 2, 2000 (65 FR 65818).
The comment period closed on November 17, 2000.
Revised GRAs and Exemptions
The GRA measures contained in this final rule are unchanged from
those in the proposed rule. A complete discussion of background issues
that led to the development of these measures is contained in the
preamble to the proposed rule and is not repeated here. The coordinates
and time periods of the modified GRAs are listed below. Copies of a
chart depicting the areas appear in the EA/RIR/IRFA/FRFA and are
available from the Administrator, Northeast Region, NMFS (Regional
Administrator) upon request (see ADDRESSES). This final rule exempts
Atlantic mackerel from the minimum mesh-size requirements in all of the
GRAs and exempts the Loligo squid fishery from the minimum mesh-size
requirements in the GRAs from November 1 through December 31, 2000.
[[Page 81762]]
Northern Gear Restricted Area I (November 1 through December 31)
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
NGA 1 41 deg. 00" 71 deg. 00"
NGA 2 41 deg. 00" 71 deg. 30"
NGA 3 40 deg. 00" 72 deg. 40"
NGA 4 40 deg. 00" 72 deg. 05"
NGA 1 41 deg. 00" 71 deg. 00"
------------------------------------------------------------------------
Northern Gear Restricted Area II (December 1 through January 31)
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
NGA 6 40 deg. 00" 71 deg. 40"
NGA 7 40 deg. 00" 72 deg. 10"
NGA 8 39 deg. 00" 73 deg. 09"
NGA 9 39 deg. 00" 72 deg. 50"
NGA 6 40 deg. 00" 71 deg. 40"
------------------------------------------------------------------------
Southern Gear Restricted Area (January 1 through April 30)
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
SGA 1 39 deg. 00" 72 deg. 50"
SGA 2 39 deg. 11" 72 deg. 58"
SGA 3 38 deg. 00" 74 deg. 05"
SGA 4 38 deg. 00" 73 deg. 57"
SGA 1 39 deg. 00" 72 deg. 50"
------------------------------------------------------------------------
Procedures for Establishing Exemptions
NMFS is also modifying the procedures for establishing exemptions
to the GRAs. The current regulations specify that a fishery may be
exempted from the GRAs if the Regional Administrator, in consultation
with the Mid-Atlantic Fishery Management Council (Council), determines
that scup caught as bycatch in small-mesh fisheries is less than 10
percent, by weight, of the total catch and that the exemption will not
jeopardize achievement of the fishing mortality objectives for scup.
This final rule revises the procedures by instead authorizing the
Council to recommend exemptions for species other than scup to the
Regional Administrator through the framework adjustment process in the
Fishery Management Plan for the Summer Flounder, Scup, and Black Sea
Bass Fisheries (FMP). This procedure provides for greater public
participation through the Council process and requires supporting
rationale for any exemption.
Modification of Landing Limits
NMFS is also modifying the regulations pertaining to landings
limits specified for Atlantic mackerel, squid, and butterfish, as
recommended by the Council at its August 2000 meeting. When the
directed fisheries for these species are closed, vessels with
appropriate fishing permits are allowed to land an allowance of
incidentally harvested fish. This action limits the use of the
allowance to once each calendar day and redefines the incidental
allowance as a possession limit rather than as a landing limit to
enhance at-sea enforcement. A complete discussion of this measure
appears in the preamble to the proposed rule and is not repeated here.
Comments and Responses
There were 110 written comments submitted in response to the
proposed rule during the comment period. Most of the comments were
submitted by commercial fishing industry members. Several conservation
groups also submitted a co-signed comment. Other comments were received
from the New England Fishery Management Council (NEFMC), the
Massachusetts Division of Marine Fisheries (MADMF), the Town of East
Hampton, NY, and the Fifth Coast Guard District Office of Law
Enforcement. NMFS considered all comments received during the comment
period in making the decision to issue this final rule and responds to
these comments here.
Comment 1: One hundred and six commenters supported immediate
adoption of the proposed modifications to the GRAs. Several noted that,
although they support the proposed GRA modifications in the short term,
they oppose GRAs as a long-term solution for reducing scup discards.
These commenters encouraged NMFS to consider current industry efforts
to conduct experimental work that may lead to fishing and gear
modifications to reduce scup discards.
Response: This final rule implements the proposed modifications to
the GRAs. Other options for reducing scup discards will be considered
in conjunction with the proposed 2001 specifications for the fishery
(65 FR 71042, November 28, 2000). Other measures, such as gear
modifications to reduce scup discards, will be considered by the
Council and NMFS once there is sufficient scientific research to assess
their effectiveness.
Comment 2: Two commenters opposed the proposed modification of the
GRAs. They were concerned that this would reduce the effectiveness of
the GRAs and significantly increase scup discards because the smaller
GRAs would be difficult to enforce and because they do not account for
annual changes in scup migration and for the displacement of fishing
effort to adjacent areas of potentially high scup bycatch. Both
questioned the reliability of the available sea sampling (observer)
data, which indicate that the proposed GRA modification would not
significantly increase scup discards.
Response: The Council's Scup Monitoring Committee (Scup MC)
reviewed the available sea sampling data and the analysis comparing the
discard reductions associated with the current GRAs to those of the
proposed GRAs. The Scup MC recommended that NMFS adopt the
modifications as contained in the proposed rule. NMFS acknowledges that
the sea sampling data upon which the analysis is based are limited.
However, the same limited data were used to establish the current GRAs,
which these commenters supported. These data constitute the best
scientific information available. NMFS believes that, even with the
acknowledged limitations, there is sufficient rationale to adopt the
modified GRAs because they are estimated to offer significant scup
discard reductions with a considerably smaller negative economic impact
on industry than on the existing GRAs. The potential displacement of
fishing effort to adjacent areas was considered, but its magnitude
cannot be estimated. The U.S. Coast Guard has indicated that the
geographic configuration, size, and time periods of the modified GRAs
are enforceable and that they can provide adequate surveillance to
detect the majority of fishing vessels operating in the areas.
Comment 3: One hundred and six commenters supported the proposed
exemption from the GRA restrictions for the Atlantic mackerel small-
mesh fishery, and 105 commenters supported the temporary exemption of
the Loligo squid small-mesh fishery.
Response: This final rule implements the proposed exemptions.
Comment 4: Two commenters opposed the proposed exemption for the
Atlantic mackerel small-mesh fishery and the temporary exemption of the
Loligo squid small-mesh fishery. They expressed concern that the
proposed exemptions could significantly increase scup discards. One
commenter questioned why NMFS apparently provided lower scup bycatch
estimates for the Atlantic mackerel fishery in the proposed rule for
this action than in the final specifications for the 2000 fishery
without explaining the basis for this change. The commenter also
objected to the methodology used for calculating scup bycatch in the
mackerel fishery, which divided total scup catch by total catch of all
species caught on directed mackerel trips (with 50 percent
mackerel catch). The commenter stated that this methodology disguises
significant scup bycatch. Both
[[Page 81763]]
commenters also expressed concern that the temporary Loligo squid
small-mesh exemption could be interpreted as a precursor for a
permanent exemption.
Response: NMFS believes that it is appropriate to calculate scup
bycatch by comparing scup catch to total fish catch. This method is
also used to determine exemptions in other Northeast Region fisheries.
Using this method, the highest percentage of scup bycatch for any
observed directed mackerel trip was 6.3 percent, based upon an updated
analysis of the sea sampling database from 1989 through 2000. The
average percentage of scup bycatch for all observed directed mackerel
trips was 0.39 percent. On the basis of this information (observed
trips), it does not appear that the directed mackerel small-mesh
fishery jeopardizes the attainment of scup mortality objectives.
Therefore, the Scup MC recommended that the Atlantic mackerel small-
mesh fishery be exempt from the GRA restrictions. NMFS supports the
Scup MC's recommendation to exempt the Atlantic mackerel small-mesh
fishery. However, NMFS also recognizes the problems associated with
using a threshold criterion to exempt fisheries that, although they
have overall low percentages of scup bycatch, have occasionally large
scup discards in single tows. To better consider the impacts of such
fisheries on scup discard mortality, NMFS is changing the procedures
for establishing exemptions to remove the 10-percent threshold
criterion for exemption, as discussed in the response to Comment 5.
The discrepancy between the bycatch estimates in the 2000
specifications and the proposed rule for this action is attributable to
two factors: Differences in the methodologies used by the Council and
NMFS to calculate bycatch, and the addition of sea sampling data from
trips conducted in 2000. As mentioned, NMFS calculates scup bycatch by
comparing the scup catch to the total catch. In the EA for the 2000
scup specifications, the Council calculated scup bycatch by comparing
the scup discards to the total scup catch. The Council's methodology
resulted in a higher percentage estimate of scup discards than NMFS'.
The temporary exemption for the Loligo squid small-mesh fishery is
not expected to increase scup discards significantly because the
directed Loligo fishery is closed for the period of the exemption
(through December 31, 2000). The exemption will allow vessels in the
GRAs to retain up to 2,500 lb (1,134 kg) of Loligo squid caught
incidentally while participating in other exempt fisheries per trip.
The Loligo exemption will be reconsidered in conjunction with the
proposed 2001 specifications for the fishery. A permanent exemption of
the Loligo fishery would have to be based on an assumption that
directed fishing for Loligo will occur and would require a sufficient
factual justification.
Comment 5: NMFS received many comments in support of the proposed
change to the procedures for establishing exemptions to the GRAs.
However, these same commenters and several others objected to removal
of the 10-percent bycatch threshold currently used to establish
exemptions to the GRA restrictions. These commenters believe that
precise, quantifiable bycatch criteria are needed as a threshold to
evaluate proposals requesting exemptions.
Response: NMFS believes that the use of a quantified standard alone
is not appropriate for determining exemptions in these fisheries, given
the limited data. Observer data for small-mesh trips, which are the
best available discard information, are not available for all areas and
time periods of concern. This makes precise characterization of
discards difficult. The discard information from observed trips also
indicates that these fisheries may have significant scup bycatch on
some trips, which could be masked by considering only the overall
percentage of scup bycatch. This catch pattern correlates with
anecdotal information identifying at least some of the small-mesh
fisheries as primary sources of scup discards. These regulations change
the current procedure used to establish exemptions by delegating that
authority to the Council. The Council, by using the framework
adjustment process will allow for full public discussion of the issues,
an analysis of impacts, thorough Council deliberation, and sound
justification to support any proposed exemptions to the GRA
restrictions.
Comment 6: NMFS received one comment in support of the measure that
will allow only one landing of incidental catch allowances in the
squid, mackerel and butterfish fisheries per calendar day.
Response: This final rule implements this measure.
Changes From the Proposed Rule
In Sec. 648.22(c) the word ``possess'' was added to clarify the
fact that the incidental allowance is a possession restriction.
In Sec. 648.14, paragraph (p)(4) is retained to reflect that the
possibility exists that there may be a total closure of a fishery; and
the word ``possess'' is added to clarify the fact that the closure is
an absolute prohibition.
The designation of the points in the GRAs is changed to reflect
that they represent discrete enclosed areas.
No other changes were made from the proposed rule.
Classification
NMFS prepared an FRFA for this action. A copy of the FRFA is
available from NMFS (see ADDRESSES). A summary of the FRFA follows:
A description of the reasons why action by the agency is being
taken and the objectives of this final rule are explained in the
preambles to the proposed rule and final rule and are not repeated
here. This action does not contain any collection of information,
reporting, or recordkeeping requirements. It does not duplicate,
overlap, or conflict with any other Federal rules. This action is taken
under authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and regulations at 50 CFR part
648. There are no compliance costs associated with this final rule.
One hundred and ten comments were received on the measures
contained in the proposed rule, but none were in response to the
initial regulatory flexibility analysis on impacts of these measures on
small entities. NMFS has responded to comments received on the proposed
rule in the preamble of this final rule. No substantive changes were
made from the proposed rule.
The revised GRAs could impact the owners of any vessel that would
otherwise have fished with small mesh in the affected area. In the
analysis of the 2000 specifications for the summer flounder, scup, and
black sea bass fisheries, the Council estimated that a maximum of 172
vessels (based on 1998 vessel trip report (VTR) data) would be affected
by any of the proposed GRAs. This estimate was based on the largest,
most restrictive GRAs considered by the Council. Although that
alternative was not implemented, the upper limit of affected vessels
under any alternative, including the alternative implemented in this
final rule, is 172. Because the revised GRAs are smaller than the area
analyzed by the Council, the number of impacted vessels is likely to be
less than 172. However, it is not possible to quantify how many vessels
actually will be impacted by the smaller GRAs.
Exempting mackerel from the GRAs may potentially affect any vessel
possessing a mackerel permit. About 1,980 commercial vessels currently
hold an Atlantic mackerel permit, based on NMFS permit file data.
According to
[[Page 81764]]
NMFS data, 11 percent of mackerel landings (1989 - 2000), valued at
$346,000 (1998 prices), were derived from the area encompassed by the
GRA established by this final rule.
The Loligo exemption is expected to produce positive economic
impacts on permitted vessels. However, it is difficult to estimate how
many vessels will benefit from this exemption. Due to the distance of
the GRAs from shore and the current landing limit of 2,500 lb (1,134
kg) for the Loligo fishery resulting from the October 25, 2000, closure
of the directed fishery, NMFS believes that this measure will benefit
only those vessels targeting other exempt species, such as Atlantic
mackerel, and are able to retain the Loligo trip limit.
The best available information indicates that the modification of
landing limits in the Atlantic mackerel, squid and butterfish fisheries
will impact approximately 60 vessels that have reportedly made multiple
daily landings, out of a total of 2,737 vessels holding one or more
permits in these fisheries. Although vessels engaging in the practice
of making multiple landings in one calendar day will suffer some loss
in revenue as a result of the measure to prohibit this practice, the
benefits of having quota available in subsequent periods, when prices
are potentially higher, may offset this loss.
The modification of exemption criteria and procedures is an
administrative change that is not likely to result in any economic
impacts to small entities.
The alternatives implemented by this final rule are expected to
minimize economic impacts on small entities while achieving the
conservation goals and objectives of the FMP and the Fishery Management
Plan for Atlantic Mackerel, Squid, and Butterfish Fisheries. The
alternative to retain status quo measures was considered by the
Council, but those measures were determined to result in greater
negative economic impacts than the alternative measures that are
implemented through this final rule. The economic impacts of the status
quo measures were compared to the impacts of the measures enacted by
this final rule in the classification section of the proposed rule.
The Council and NMFS concluded that the alternative to modify the
configuration of the GRAs, as implemented by this final rule, was
preferable to the status quo alternative because it provided
substantial economic relief to small entities participating in the
small-mesh fisheries in this area while still achieving significant
conservation benefits, consistent with the objectives of the FMP. NMFS
believes that the configuration of the modified GRAs is based upon the
best available information. While other modifications to the GRAs could
possibly further reduce negative economic impacts on small entities,
the existing data are not sufficient to clearly suggest another
alternative that would still achieve the conservation benefits
necessary to be consistent with the FMP and with the Magnuson-Stevens
Act.
Similarly, existing data indicate that exempting Atlantic mackerel
and Loligo squid fisheries from the GRA restrictions is justified. This
alternative, relative to the status quo alternative of no exemptions,
provides economic relief to participants in these small-mesh fisheries
who will fish in the GRAs, with relatively little negative impact on
the scup resource. However, the available data on the Loligo small-mesh
fishery are less convincing in this regard than are those for the
mackerel fishery. Therefore, this rule exempts the Loligo fishery only
through December 31, 2000. While exempting the Loligo fishery for a
longer term would likely provide greater economic benefits to small
entities, at least in the short term, such an exemption could result in
unacceptably high discard mortality of scup, which would prevent scup
from rebuilding as required under the Magnuson-Stevens Act and which
could compromise the longer-term health of that fishery.
As additional information on scup discards in small-mesh fisheries
in the Mid-Atlantic Bight becomes available, NMFS anticipates that the
Council will re-evaluate the GRAs and related management measures. The
proposed specifications for the 2001 fisheries for summer flounder,
scup, and black sea bass contain additional alternatives that are being
considered for the scup fishery.
The revision of the trip limits for the Atlantic mackerel, squid,
and butterfish fisheries to prevent multiple landings in a single
calendar day will impact a limited number of small entities. However,
the status quo alternative has resulted in an unanticipated windfall
for those fishermen who are located close enough to concentrations of
Loligo, in particular, to make multiple landings in a day. Because
these landings occur after the directed fishery has been closed but are
still counted against the period's quota, the status quo alternative
can result in quota overages, which must be deducted from the quota of
a future period. This can cause unintended allocational impacts both
geographically and among boat-size sectors of the fishery. There is
also the possibility that quota overages could be large enough to
negatively impact the resource. The selected alternative prevents these
problems and helps ensure fair access to these resources by small
entities throughout the range and temporal extent of these fisheries.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The President has directed Federal agencies to use plain language
in their communications with the public, including regulations. To
comply with this directive, we seek public comment on any ambiguity or
unnecessary complexity arising from the language used in this final
rule. Such comments should be sent to the Regional Administrator (see
ADDRESSES).
The provisions of this final rule that modify the existing GRAs and
exempt the Atlantic mackerel and Loligo squid fisheries relieve a
restriction and, under 5 U.S.C. 553(d)(1), are not subject to a 30-day
delay in effective date.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 20, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out 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.
2. In Sec. 648.14, paragraphs (a)(73), (a)(122), (a)(123), (p)(3),
and (p)(4) are revised to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(73) Take, retain, possess, or land more mackerel, squid or
butterfish than specified under a notification issued under Sec.
648.22.
* * * * *
(122) Effective January 1, 2001, fish for, possess or land Loligo
squid, silver hake, or black sea bass in or from the areas and during
the time periods, described in Sec. 648.122(a), (b), or (c) while in
possession of midwater trawl or other trawl nets or netting that do not
meet the minimum mesh-size restrictions or that are modified,
obstructed or constricted, if subject to the minimum mesh-size
requirements specified in Secs. 648.122 and 648.123(a), unless the
nets or netting are stowed in accordance with Sec. 648.23(b).
[[Page 81765]]
(123) Effective December 27, 2000 through December 31, 2000, fish
for, possess or land silver hake or black sea bass in or from the
areas, and during the time periods described in Sec. 648.122(a), (b),
or (c) while in possession of midwater trawl or other trawl nets or
netting that do not meet the minimum mesh-size restrictions or that are
modified, obstructed or constricted, if subject to the minimum mesh-
size requirements specified in Secs. 648.122 and 648.123(a), unless
the nets or netting are stowed in accordance with Sec. 648.23(b).
* * * * *
(p) * * *
(3) Take, retain, possess, or land mackerel, squid or butterfish in
excess of a possession allowance specified under Sec. 648.22.
(4) Take, retain, possess, or land mackerel, squid or butterfish
after a total closure specified under Sec. 648.22.
* * * * *
3. In Sec. 648.22, paragraph (c) is revised to read as follows:
Sec. 648.22 Closure of the fishery.
* * * * *
(c) Incidental catches. During the closure of the directed fishery
for mackerel, the possession limit for mackerel is 10 percent by weight
of the total amount of fish on board. During a period of closure of the
directed fishery for Loligo, Illex, or butterfish, the possession limit
for Loligo and butterfish is 2,500 lb (1.13 mt) each, and the
possession limit for Illex is 5,000 lb (2.27 mt). Vessels may not land
more than these limits during any single calendar day, which is defined
as the 24-hour period beginning at 0001 hours and ending at 2400 hours.
4. In Sec. 648.122, paragraph (e) is redesignated as paragraph
(f); paragraphs (a), (b), (c), and (d) are revised; and a new paragraph
(e) is added as follows:
Sec. 648.122 Season and area restrictions.
(a) Southern Gear Restricted Area. (1) From January 1 through April
30, all trawl vessels in the Southern Gear Restricted Area that fish
for or possess non-exempt species as specified in paragraph (a)(2) of
this section, must fish with nets that have a minimum mesh size of 4.5
inches (11.43 cm) diamond mesh, applied throughout the codend for at
least 75 continuous meshes forward of the terminus of the net, or for
codends with fewer than 75 meshes, the minimum mesh-size codend must be
a minimum of one-third of the net, measured from the terminus of the
codend to the headrope, excluding any turtle excluder device extension,
unless otherwise specified in this section. The Southern Gear
Restricted Area is an area bounded by straight lines connecting the
following points in the order stated (copies of a chart depicting the
area are available from the Regional Administrator upon request):
SOUTHERN GEAR RESTRICTED AREA
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
SGA 1 39 deg. 00" 72 deg. 50"
SGA 2 39 deg. 11" 72 deg. 58"
SGA 3 38 deg. 00" 74 deg. 05"
SGA 4 38 deg. 00" 73 deg. 57"
SGA 1 39 deg. 00" 72 deg. 50"
------------------------------------------------------------------------
(2) Non-exempt species. Unless otherwise specified in paragraph (d)
of this section, the restrictions specified in paragraph (a)(1) of this
section apply to vessels in the Southern Gear Restricted Area that are
fishing for or in possession of the following non-exempt species: Black
sea bass, Loligo squid, and silver hake (whiting). Vessels fishing for
or in possession of all other species of fish and shellfish are exempt
from these restrictions.
(b) Northern Gear Restricted Area I. (1) From November 1 through
December 31, all trawl vessels in the Northern Gear Restricted Area I
that fish for or possess non-exempt species as specified in paragraph
(b)(2) of this section must fish with nets that have a minimum mesh
size of 4.5 inches (11.43 cm) diamond mesh, applied throughout the
codend for at least 75 continuous meshes forward of the terminus of the
net, or for codends with fewer than 75 meshes, the minimum mesh-size
codend must be a minimum of one-third of the net, measured from the
terminus of the codend to the headrope, excluding any turtle excluder
device extension, unless otherwise specified in this section. The
Northern Gear Restricted Area I is an area bounded by straight lines
connecting the following points in the order stated (copies of a chart
depicting the area are available from the Regional Administrator upon
request):
NORTHERN GEAR RESTRICTED AREA I
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
NGA 1 41 deg. 00" 71 deg. 00"
NGA 2 41 deg. 00" 71 deg. 30"
NGA 3 40 deg. 00" 72 deg. 40"
NGA 4 40 deg. 00" 72 deg. 05"
NGA 1 41 deg. 00" 71 deg. 00"
------------------------------------------------------------------------
(2) Non-exempt species. Unless otherwise specified in paragraphs
(b)(3) and (d) of this section, the restrictions specified in paragraph
(b)(1) of this section apply to vessels in the Northern Gear Restricted
Area I that are fishing for, or in possession of, the following non-
exempt species: Black sea bass, Loligo squid, and silver hake
(whiting). Vessels fishing for or in possession of all other species of
fish and shellfish are exempt from these restrictions.
(3) Temporarily Exempted Species. From November 1, 2000 through
December 31, 2000, the restrictions specified in paragraph (b)(1) of
this section do not apply to vessels in the Northern G ear Restricted
Area I that are fishing for, or in possession of Loligo squid.
(c) Northern Gear Restricted Area II. (1) From December 1 through
January 31, all trawl vessels in the Northern Gear Restricted Area II
that fish for or possess non-exempt species as specified in paragraph
(c)(2) of this section must fish with nets that have a minimum mesh
size of 4.5 inches (11.43 cm) diamond mesh, applied throughout the
codend for at least 75 continuous meshes forward of the terminus of the
net, or for codends with fewer than 75 meshes, the minimum-mesh-size
codend must be a minimum of one-third of the net, measured from the
terminus of the codend to the headrope, excluding any turtle excluder
device extension, unless otherwise specified in this section. The
Northern Gear Restricted Area II is an area bounded by straight lines
connecting the following points in the order stated (copies of a chart
depicting the area are available from the Regional Administrator upon
request):
NORTHERN GEAR RESTRICTED AREA II
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
NGA 6 40 deg. 00" 71 deg. 40"
NGA 7 40 deg. 00" 72 deg. 10"
NGA 8 39 deg. 00" 73 deg. 09"
NGA 9 39 deg. 00" 72 deg. 50"
NGA 6 40 deg. 00" 71 deg. 40"
------------------------------------------------------------------------
(2) Non-exempt species. Unless otherwise specified in paragraphs
(c)(3) and (d) of this section, the restrictions specified in paragraph
(c)(1) of this section apply to vessels in the Northern Gear Restricted
Area II that are fishing for, or in possession of, the following non-
exempt species: Black sea bass, Loligo squid, and silver hake
(whiting). Vessels fishing for or in possession of all other species of
fish and shellfish are exempt from these restrictions.
[[Page 81766]]
(3) Temporarily Exempted Species. From December 1, 2000 through
December 31, 2000, the restrictions specified in paragraph (c)(1) of
this section do not apply to vessels in the Northern Gear Restricted
Area II that are fishing for, or in possession of Loligo squid.
(d) Transiting. Vessels that are subject to the provisions of the
Southern and Northern GRAs, as specified in paragraphs (a), (b), and
(c) of this section may transit these areas provided that trawl net
codends on board of mesh size less than that specified in paragraphs
(a), (b), and (c) of this section are not available for immediate use
and are stowed in accordance with the provisions of Sec. 648.23(b).
(e) Addition or deletion of exemptions. The MAFMC may recommend to
the Regional Administrator, through the framework procedure specified
in Sec. 648.108(a), additions or deletions to exemptions for fisheries
other than scup. A fishery may be restricted or exempted by area, gear,
season, or other means determined to be appropriate to reduce bycatch
of scup.
* * * * *
[FR Doc. 00-32956 Filed 12-21-00; 4:33 pm]
BILLING CODE 3510-22-S