issue-1996-07-03•Federal Register final rules — 1996-07-03
Federal Register final rules — 1996-07-03
issue-1996-07-03Federal Register final rules — 1996-07-03Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-17053 Atlantic Swordfish Fishery; Correction
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Page 34746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17053]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 630
[Docket No. 960314073-6145-02; I.D. 030896E]
RIN 0648-AI23
Atlantic Swordfish Fishery; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Correction to final regulation.
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SUMMARY: This document contains a correction to the final regulation
(I.D. 030896E) that was published Friday, May 31, 1996, (61 FR 27304).
The final rule amended the regulations governing the Atlantic swordfish
fishery by setting the 1996 quotas, and adjusting the minimum size.
EFFECTIVE DATE: July 3, 1996.
FOR FURTHER INFORMATION CONTACT: Ronald G. Rinaldo or Rebecca Lent,
301-713-2347; fax: 301-713-0596.
SUPPLEMENTARY INFORMATION:
Background
The final regulation that is the subject of this correction
establishes, within the 1996 quota, the amount of set aside for the
harpoon segment of the fishery. In Sec. 630.25, the first sentence of
paragraph (b) was revised to establish a 21,500 lb (9,752 kg) dressed
weight set aside for the harpoon segment of the fishery during the June
1 through November 30 semiannual period.
Need for Correction
As published, the final regulation contains an error. In
Sec. 630.25, the second sentence of paragraph (b) is referenced instead
of the first sentence of paragraph (b).
Correction of Publication
Accordingly, the publication on May 31, 1996, of the final
regulation (I.D. 030896E) that is the subject of FR Doc. 96-13690 is
corrected as follows:
Sec. 630.25 [Corrected]
On page 27308, in the first column, in amendatory instruction
seven, ``second'' is corrected to read ``first''.
Dated: June 25, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-17053 Filed 7-2-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-17050 Atlantic Weakfish Fisheries; Exclusive Economic Zone (EEZ) Moratorium Rule Suspension
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Page 34746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17050]
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DEPARTMENT OF COMMERCE
50 CFR Part 697
[Docket No. 950605148-6180-03;I.D. 061296A]
RIN 0648-AH58
Atlantic Weakfish Fisheries; Exclusive Economic Zone (EEZ)
Moratorium Rule Suspension
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: On February 16, 1996, the U.S. District Court for the Eastern
District of Virginia, Norfolk Division, vacated the Federal regulations
for Atlantic Coast weakfish in the EEZ. NMFS has not enforced the
regulations since the court issued its order. In accordance with the
court's order, NMFS is suspending the regulations on fishing for
weakfish in the EEZ. The suspension will remain in effect until other
regulations for weakfish are implemented.
EFFECTIVE DATE: July 2, 1996.
FOR FURTHER INFORMATION CONTACT: Richard H. Schaefer, Director, Office
of Fisheries Conservation and Management, NMFS, 301-713-2334.
SUPPLEMENTARY INFORMATION: NMFS implemented a final rule to impose a
moratorium on fishing for weakfish in the EEZ (60 FR 58246, November
27, 1995). The regulations were subsequently revised (61 FR 29321, June
10, 1996) although they are not currently enforced. The rule was
implemented to support conservation efforts developed through the
Atlantic States Marine Fisheries Commission's (Commission) Fishery
Management Plan for Weakfish (FMP).
On February 16, 1996, the U.S. District Court for the Eastern
District of Virginia, Norfolk Division, ordered that the final rule
``is vacated and the Secretary of Commerce and his designees are hereby
enjoined from enforcing the Atlantic Coast Weakfish Moratorium in the
Exclusive Economic Zone, promulgated at 60 FR 58245 (Nov. 27, 1995).''
Upon the court's ruling, fishermen were immediately allowed to fish
for weakfish in the EEZ. Accordingly, NMFS is suspending the Federal
regulations that imposed the moratorium. The suspension will remain in
effect until replaced by other regulations. NMFS is currently assessing
recent actions by the Commission and will proceed with rulemaking if
appropriate.
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
Because this rule implements a February 16, 1996, court order to
vacate Federal regulations (60 FR 58246, November 27, 1995) that
imposed a moratorium on fishing for Atlantic Coast weakfish in the EEZ,
the Assistant Administrator for Fisheries (AA/F) for good cause, under
5 U.S.C.(b)(B), waives the requirement to provide prior notice and an
opportunity for public comment, as such procedures are unnecessary.
Similarly, the AA/F, finds good cause under 5 U.S.C. 553(d)(3) to waive
the 30-day delay in the effective date.
List of Subjects in 50 CFR Part 697
Fisheries, Fishing.
Dated: June 27, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 697 is amended
as follows:
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
1. The authority citation for part 697 continues to read as
follows:
Authority: 16 U.S.C. 5101 et seq.
2. In Sec. 697.6, paragraph (a) is suspended.
[FR Doc. 96-17050 Filed 7-2-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-17040 Alteration of VOR Federal Airways; TX
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34723-34724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17040]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 93-ASW-5]
Alteration of VOR Federal Airways; TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This rule alters eleven Federal airways located in the
vicinity of Dallas, TX. This action, which supports the Dallas/Fort
Worth Metroplex Plan, is necessary due to the decommissioning of four
Very High Frequency Omnidirectional Range/Tactical Air Navigation
(VORTAC) facilities and the commissioning of four new VORTAC's. In
addition, this action enhances the flow of air traffic, simplifies
routings, increases safety and reduces pilot/controller workload.
EFFECTIVE DATE: 0901 UTC, October 10, 1996.
FOR FURTHER INFORMATION CONTACT: Bil Nelson, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On June 27, 1995, the FAA proposed to amend Title 14 of the Code of
Federal Regulations part 71 (14 CFR part 71) to alter eleven Federal
airways located in the vicinity of Dallas, TX (60 FR 33158). Interested
parties were invited to participate in this rulemaking proceeding by
submitting written comments on the proposal to the FAA. No comments
objecting to the proposal were received. Except for editorial changes,
this amendment is the same as that proposed in the notice. Domestic VOR
Federal airways are published in paragraph 6010(a) of FAA Order 7400.9C
dated August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The airways listed in this
document will be published subsequently in the Order.
The Rule
This amendment to 14 CFR part 71 alters eleven Federal airways
located in the vicinity of Dallas, TX. The alterations to the airways
surrounding the Dallas/Fort Worth (DFW) International Airport, which
are essential to support the Dallas/Fort Worth Metroplex Plan, are
necessary because of the decommissioning of the existing Bridgeport,
Blue Ridge, Scurry and Action VORTAC's and the commissioning of the
Bowie, Bonham, Cedar Creek and Glen Rose VORTAC's. This action enhances
the flow of the air traffic, simplifies routings, increases safety, and
reduces pilot/controller workload.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
[[Page 34724]]
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6010(a) Domestic VOR Federal Airways
* * * * *
V-163 [Revised]
From Matamoros, Mexico; via Brownsville, TX; 27 miles standard
width, 37 miles 7 miles wide (3 miles E and 4 miles W of
centerline); Corpus Christi, TX; Three Rivers, TX; INT Three Rivers
345 deg. and San Antonio, TX, 168 deg. radials; San Antonio;
Lampasas, TX; Glen Rose, TX; Millsap, TX; Bowie, TX; Ardmore, OK; to
Will Rogers, OK. The airspace within Mexico is excluded.
* * * * *
V-194 [Revised]
From Cedar Creek, TX; College Station, TX; INT College Station
151 deg. and Hobby, TX, 290 deg. radials; Hobby; Sabine Pass, TX;
Lafayette, LA; Baton Rouge, LA; McComb, MS; INT McComb 055 deg. and
Meridian, MS; 221 deg. radials; Meridian. From Liberty, NC, via
Raleigh-Durham, NC; Tar River, NC, Cofield, NC, to INT Cofield
077 deg. and Norfolk, VA, 209 deg. radials.
* * * * *
V-278 [Revised]
From Texico, NM, via Plainview, TX; Guthrie, TX; Bowie, TX; Bonham,
TX; Paris, TX; Texarkana, AR; Monticello, AR; Greenville, MS; Sidon,
MS; Bigbee, MS; to Vulcan, AL.
* * * * *
V-355 [Revised]
From Bowie, TX; to Wichita Falls, TX.
* * * * *
V-358 [Revised]
From San Antonio, TX, via Stonewall, TX; Lampasas, TX; INT Lampasas
041 deg. and Waco, TX, 249 deg. radials; Waco; Glen Rose, TX;
Millsap, TX; Bowie, TX; Ardmore, OK; INT Ardmore 327 deg. and Will
Rogers, OK, 195 deg. radials; to Will Rogers.
* * * * *
V-369 [Revised]
From Dallas-Fort Worth, TX; to Navasota, TX.
* * * * *
V-477 [Revised]
From Leona, TX; to Cedar Creek, TX.
* * * * *
V-568 [Revised]
From Corpus Christi, TX, via INT Corpus Christi 296 deg. and Three
Rivers, TX, 165 deg. radials; Three Rivers; INT Three Rivers
327 deg. and San Antonio, TX, 183 deg. radials; San Antonio;
Stonewall, TX; Llano, TX; INT Llano 026 deg. and Glen Rose, TX,
216 deg. radials; Glen Rose; Millsap, TX; to Wichita Falls, TX.
V-569 [Revised]
From Beaumont, TX, via INT Beaumont 338 deg. and Lufkin, TX,
146 deg. radials; Lufkin; Frankston, TX; to Cedar Creek, TX.
* * * * *
V-571 [Revised]
From Humble, TX, via Navasota, TX; Leona, TX; INT Leona 331 deg. and
Cedar Creek, TX, 186 deg. radials; to Cedar Creek.
* * * * *
V-583 [Revised]
From Austin, TX; INT Austin 062 deg. and College Station, TX,
270 deg. radials; College Station; Leona, TX; Frankston, TX;
Quitman, TX; Paris, TX; to McAlester, OK.
* * * * *
Issued in Washington, DC, on June 25, 1996.
Nancy B. Kalinowski,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 96-17040 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-17039 Establishment of Jet Route J-181
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34721-34722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17039]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 93-ASW-3]
Establishment of Jet Route J-181
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This rule establishes Jet Route 181 (J-181) between the
Dallas-Fort Worth, TX, metroplex area and the Chicago O'Hare, IL,
terminal area. This route provides improved en route and arrival
traffic flow into the Chicago O'Hare area. This action enhances the
movement of traffic, minimizes air traffic delays, and reduces the
controller workload.
EFFECTIVE DATE: 0901 UTC, October 10, 1996.
FOR FURTHER INFORMATION CONTACT: Bil Nelson, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On November 9, 1993, the FAA proposed to amend Title 14 of the Code
of Federal Regulations part 71 (14 CFR part 71) to establish J-181
located in the vicinity of Dallas-Fort Worth, TX (58 FR 59422).
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments objecting to the proposal were received. Except for
editorial changes, this amendment is the same as that proposed in the
notice. Jet routes are published in paragraph 2004 of FAA Order 7400.9C
dated August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The jet route listed in this
document will be published subsequently in the Order.
The Rule
This amendment to 14 CFR part 71 establishes J-181 between the
Dallas-Fort Worth, TX, metroplex area and the Chicago O'Hare, IL,
terminal area. This route provides improved en route and arrival
traffic flow into the Chicago area. This action enhances the movement
of traffic, minimizes air traffic delays, and reduces the controller
workload.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
[[Page 34722]]
PART 71--[AMENDED]
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 2004 Jet Routes
* * * * *
J-181 [New]
From Dallas-Fort Worth, TX; Okmulgee, OK; Neosho, MO; INT Neosho
049 deg. and Bradford, IL, 219 deg. radials; to Bradford.
* * * * *
Issued in Washington, DC, on June 26, 1996.
Nancy B. Kalinowski,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 96-17039 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-17038 Alteration of VOR Federal Airways; TX
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34722-34723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17038]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 93-ASW-4]
Alteration of VOR Federal Airways; TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule alters twelve Federal airways located in the
vicinity of Dallas, TX. This action, which supports the Dallas/Fort
Worth Metroplex Plan, is necessary due to the decommissioning of four
Very High Frequency Omnidirectional Range/Tactical Air Navigation
(VORTAC) facilities and the commissioning of four new VORTAC's. In
addition, this action enhances the flow of air traffic, simplifies
routings, increases safety and reduces pilot/controller workload.
EFFECTIVE DATE: 0901 UTC, October 10, 1996.
FOR FURTHER INFORMATION CONTACT: Bil Nelson, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On June 27, 1995, the FAA proposed to amend Title 14 of the Code of
Federal Regulations part 71 (14 CFR part 71) to alter twelve Federal
airways located in the vicinity of Dallas, TX (60 FR 33159). Interested
parties were invited to participate in this rulemaking proceeding by
submitting written comments on the proposal to the FAA. No comments
objecting to the proposal were received. Except for editorial changes,
this amendment is the same as that proposed in the notice. Domestic VOR
Federal airways are published in paragraph 6010(a) of FAA Order 7400.9C
dated August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The airways listed in this
document will be published subsequently in the Order.
The Rule
This amendment to 14 CFR part 71 alters twelve Federal airways
located in the vicinity of Dallas, TX. The alterations to the airways
surrounding the Dallas/Fort Worth (DFW) International Airport, which
are essential to support the Dallas/Fort Worth Metroplex Plan, are
necessary because of the decommissioning of the existing Bridgeport,
Blue Ridge, Scurry and Action VORTAC's and the commissioning of the
Bowie, Bonham, Cedar Creek and Glen Rose VORTAC's. This action enhances
the flow of the air traffic, simplifies routings, increases safety, and
reduces pilot/controller workload.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6010(a) Domestic VOR Federal Airways
* * * * *
V-15 [Revised]
From Hobby, TX, via Navasota, TX; College Station, TX; Waco, TX;
Cedar Creek, TX; Bonham, TX; Ardmore, OK; Okmulgee, OK, to Neosho,
MO. From Sioux City, IA; INT Sioux City 340 deg. and Sioux Falls,
SD, 169 deg. radials; Sioux Falls; Huron, SD; Aberdeen, SD;
Bismarck, ND; to Minot, ND.
V-16 [Revised]
From Los Angeles, CA; Paradise, CA; Palm Springs, CA; Blythe, CA;
Buckeye, AZ; Phoenix, AZ; INT Phoenix 155 deg. and Stanfield, AZ,
105 deg. radials; Tucson, AZ; Cochise, AZ; Columbus, NM; El Paso,
TX; Salt Flat, TX; Wink, TX; Wink 066 deg. and Big Spring, TX,
260 deg. radials; Big Spring; Abilene, TX; Millsap, TX; Glen Rose,
TX; Cedar Creek, TX; Quitman, TX; Texarkana, AR; Pine Bluff, AR;
Holly Springs, MS; Jacks Creek, TN; Shelbyville, TN; Hinch Mountain,
TN; Volunteer, TN; Holston Mountain, TN; Pulaski, VA; Roanoke, VA;
Lynchburg, VA; Flat Rock, VA; Richmond, VA; INT Richmond 039 deg.
and Patuxent, MD, 228 deg. radials; Patuxent; Smyrna, DE; Cedar
Lake, NJ; Coyle, NJ; INT Coyle 036 deg. and Kennedy, NY, 209 deg.
radials; Kennedy; Deer Park, NY; Calverton, NY; Norwich, CT; Boston,
MA. The airspace within Mexico and the airspace below 2,000 feet MSL
outside the United States is excluded. The airspace within
Restricted Areas R-5002A, R-5002C, and R-5002D is excluded during
their times of use. The airspace within Restricted Areas R-4005 and
R-4006 is excluded.
V-17 [Revised]
From Brownsville, TX, via Harlingen, TX; McAllen, TX; 29 miles 12
AGL, 34 miles 25 MSL, 37 miles 12 AGL; Laredo, TX; Cotulla, TX; INT
Cotulla 046 deg. and San Antonio, TX, 198 deg. radials; San Antonio;
INT San Antonio 042 deg. and Austin, TX, 229 deg. radials; Austin;
Waco, TX; Glen Rose, TX; Milsap, TX; Bowie, TX; Duncan, OK; Will
Rogers, OK; Gage, OK; Garden City, KS; to Goodland, KS.
[[Page 34723]]
V-18 [Revised]
From Guthrie, TX, via INT Guthrie 156 deg. and Millsap, TX, 274 deg.
radials; Millsap; Glen Rose, TX; Cedar Creek, TX; Quitman, TX;
Belcher, LA; Monroe, LA; Jackson, MS; Meridian, MS; Tuscaloosa, AL;
Vulcan, AL; Talladega, AL; Atlanta, GA; Colliers, SC; Charleston,
SC.
* * * * *
V-54 [Revised]
From Waco, TX; Cedar Creek, TX; Quitman, TX; Texarkana, AR; INT
Texarkana 052 deg. and Little Rock, AR, 235 deg. radials; Little
Rock; Holly Springs, MS; Muscle Shoals, AL; Rocket, AL; Choo Choo,
GA; Harris, GA; Spartanburg, SC; Charlotte, NC; Sandhills, NC; INT
Sandhills 146 deg. and Fayetteville, NC, 267 deg. radials;
Fayetteville; to Kinston, NC.
* * * * *
V-62 [Revised]
From Gallup, NM; INT Gallup 089 deg. and Santa Fe, NM, 268 deg.
radials; Santa Fe; Anton Chico, NM; Texico, NM; Lubbock, TX;
Abilene, TX; INT Abilene 109 deg. and Glen Rose, TX, 273 deg.
radials; Glen Rose.
V-63 [Revised]
From Bonham, TX, via McAlester, OK; Razorback, AR; Springfield, MO;
Hallsville, MO; Quincy, IL; Burlington, IA; Moline, IL; Davenport,
IA; Rockford, IL; Janesville, WI; Badger, WI; Oshkosh, WI; Stevens
Point, WI; Wausau, WI; Rhinelander, WI, to Houghton, MI. The
airspace at and above 10,000 feet MSL from Quincy to 32 miles north,
is excluded during the time that the Allen MOA is activated by
NOTAM.
* * * * *
V-66 [Revised]
From Mission Bay, CA, Imperial, CA; 13 miles, 24 miles, 25 MSL,
Bard, AZ; 12 miles 35 MSL INT Bard 089 deg. and Gila Bend, AZ,
261 deg. radials; 46 miles, 35 MSL, Gila Bend; Tucson, AZ, 7 miles
wide (3 miles south and 4 miles north of centerline); Douglas, AZ;
INT Douglas 064 deg. and Columbus, NM, 277 deg. radials; Columbus;
El Paso, TX; 6 miles wide, INT El Paso 109 deg. and Hudspeth
287 deg. radials; 6 miles wide, Hudspeth; Pecos, TX; Midland, TX;
INT Midland 083 deg. and Abilene, TX, 252 deg. radials; Abilene;
Bowie, TX; Bonham, TX; Sulphur Springs, TX; Texarkana, AR. From
Tuscaloosa, AL, Brookwood, AL; LaGrange, GA; INT LaGrange 120 deg.
and Columbus, GA, 068 deg. radials; INT Columbus 068 deg. and
Athens, GA, 195 deg. radials; Athens; Greenwood, SC; Sandhills, NC;
Raleigh-Durham, NC; Franklin, VA, excluding the airspace above
13,000 feet MSL from the INT of Tucson, AZ, 122 deg. and Cochise,
AZ, 257 deg. radials to the INT of Douglas, AZ, 064 deg. and
Columbus, NM, 277 deg. radials.
* * * * *
V-94 [Revised]
From Blythe, CA, INT Blythe 094 deg. and Gila Bend, AZ, 299 deg.
radials; Gila Bend; Stanfield, AZ; 55 miles, 74 miles, 95 MSL, San
Simon, AZ; Deming, NM; Newman, TX; Salt Flat, TX; Wink, TX; Midland,
TX; Tuscola, TX; Glen Rose, TX; Cedar Creek, TX: Gregg County, TX;
Elm Grove, LA; Monroe, LA; Greenville, MS; Holly Springs, MS; Jacks
Creek, TN; Bowling Green, KY. The airspace within R-5103A is
excluded.
* * * * *
V-114 [Revised]
From Amarillo, TX, via Childress, TX; Wichita Falls, TX; Bonham, TX;
Quitman, TX; Gregg County, TX; Alexandria, LA; INT Baton Rouge, LA,
307 deg. and Lafayette, LA, 042 deg. radials; 7 miles wide (3 miles
north and 4 miles south of centerline); Baton Rouge; New Orleans,
LA; INT New Orleans 070 deg. and Gulfport, MS, 247 deg. radials;
Gulfport; INT Gulfport 344 deg. and Eaton, MS, 171 deg. radials; to
Eaton, excluding the portion within R-3801B and R-3801C.
* * * * *
V-124 [Revised]
From Bonham, TX, via Paris, TX; Hot Springs, AR; Little Rock, AR;
Gilmore, AR; Jacks Creek, TN; to Graham, TN.
* * * * *
V-161 [Revised]
From Three Rivers, TX, via Center Point, TX; Llano, TX; INT Llano
026 deg. and Millsap, TX, 193 deg. radials; Millsap; Bowie, TX;
Ardmore, OK; Okmulgee, OK; Tulsa, OK; Oswego, KS; Butler, MO;
Napoleon, MO; Lamoni, IA; Des Moines, IA; Mason City, IA; Rochester,
MN; Farmington, MN; Gopher, MN; Brainerd, MN; Grand Rapids, MN;
International Falls MN; to Winnipeg, MB, Canada, excluding the
portion within Canada.
* * * * *
Issued in Washington, DC, on June 25, 1996.
Nancy B. Kalinowski,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 96-17038 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-17037 Establishment of Class D and E Airspace Areas; Saipan Island, CQ
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34719-34720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17037]
-----------------------------------------------------------------------
[[Page 34720]]
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-AWP-38]
Establishment of Class D and E Airspace Areas; Saipan Island, CQ
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule establishes Class D and Class E airspace areas at
the Saipan International Airport, Saipan Island, CQ (Northern Mariana
Islands). Due to the commissioning of an air traffic control tower
(ATCT) at the airport, Class D airspace is necessary to require pilots
to establish two-way radio communication prior to entering the
airspace. This action establishes a Class E airspace area at Saipan
Island, CQ, to provide adequate controlled airspace for aircraft
executing instrument approach operations at Saipan International
Airport.
EFFECTIVE DATE: 0901 UTC, October 10, 1996.
FOR FURTHER INFORMATION CONTACT: Patricia P. Crawford, Airspace and
Rules Division, ATA-400, Office of Air Traffic Airspace Management,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On December 22, 1995, the FAA proposed to amend Title 14 of the
Code of Federal Regulations part 71 (14 CFR part 71) to establish Class
D and E airspace areas at Saipan Island, CQ (60 FR 66529). Interested
parties were invited to participate in this rulemaking proceeding by
submitting written comments on the proposal to the FAA. No comments
objecting to the proposal were received. Except for editorial changes,
this amendment is the same as that proposed in the notice. Class D and
E airspace designations are published in paragraphs 5000 and 6004,
respectively, of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The Class D and E airspace designations listed in this document will be
published subsequently in this Order.
The Rule
This amendment to 14 CFR part 71 establishes Class D and E airspace
areas at Saipan Island, CQ. Due to the commissioning of an ATCT at the
airport, Class D airspace is necessary to require pilots to establish
two-way radio communication prior to entering the airspace. The FAA is
establishing a Class E airspace area to provide adequate controlled
airspace for aircraft executing instrument approach operations at
Saipan International Airport.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
Because these amendments involve, in part, the designation of
navigable airspace outside the United States, the Administrator has
consulted with the Secretary of State and the Secretary of Defense in
accordance with the provisions of Executive Order 10854.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 5000 Class D Airspace
* * * * *
AWP CQ D Saipan Island, CQ [New]
Saipan International Airport, CQ
(Lat. 15 deg.07'08''N, long. 145 deg.43'46''E)
Saipan RBN
(Lat. 15 deg.06'41''N, long. 145 deg.42'37''E)
That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.3-mile radius of Saipan International
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory, Pacific Chart Supplement.
* * * * *
Paragraph 6004 Class E airspace areas designated as an extension
to a Class D surface area.
* * * * *
AWP CQ E4 Saipan Island, CQ [New]
Saipan International Airport, CQ
(Lat. 15 deg.07'08''N, long. 145 deg.43'46''E)
Saipan RBN
(Lat. 15 deg.06'41''N, long. 145 deg.42'37''E)
That airspace extending upward from the surface within a 4.3-
mile radius of Saipan International Airport and within 2.6 miles
each side of the Saipan RBN 264 deg. bearing, extending from the
4.3-mile radius to 7.4 miles west of the Saipan RBN and within 1.8
miles each side of the Saipan RBN 248 deg. radial, extending from
the 4.3-mile radius to 7.4 miles west of the Saipan RBN and within
1.8 miles each side of the Saipan RBN 068 deg. radial, extending
from the 4.3-mile radius to 6.5 miles east of the Saipan
International Airport. This Class E airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory, Pacific
Chart Supplement.
* * * * *
Issued in Washington, DC, on June 25, 1996.
Nancy B. Kalinowski,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 96-17037 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-17036 Alteration of Jet Route J-66
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34720-34721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17036]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 94-ASW-10]
Alteration of Jet Route J-66
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule alters Jet Route J-66 from the Dallas-Fort Worth,
TX, Very High Frequency Omnidirectional Range/Tactical Air Navigation
(VORTAC), via the Bonham, TX, VORTAC, to the Little Rock, AR, VORTAC.
Altering J-66 enhances the flow of air traffic, simplifies routings in
the northeast vicinity of the Dallas-Fort Worth metroplex area, and
reduces controller and pilot workload.
EFFECTIVE DATE: 0901 UTC, October 10, 1996.
[[Page 34721]]
FOR FURTHER INFORMATION CONTACT: Bil Nelson, Airspace and Rules
Division, ATA-400, Office of Air Traffic Airspace Management, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone: (202) 267-8783.
SUPPLEMENTARY INFORMATION:
History
On March 28, 1995, the FAA proposed to amend Title 14 of the Code
of Federal Regulations part 71 (14 CFR part 71) to alter J-66 from the
Dallas-Fort Worth, TX, VORTAC, to the Little Rock, AR, VORTAC (60 FR
15887). Interested parties were invited to participate in this
rulemaking proceeding by submitting written comments on the proposal to
the FAA. No comments objecting to the proposal were received. Except
for editorial changes, this amendment is the same as that proposed in
the notice. Jet Routes are published in paragraph 2004 of FAA Order
7400.9C dated August 17, 1995, and effective September 16, 1995, which
is incorporated by reference in 14 CFR 71.1. The jet route listed in
this document will be published subsequently in the Order.
The Rule
This amendment to 14 CFR part 71 alters J-66 from the Dallas-Fort
Worth, TX, VORTAC, to the Little Rock, AR, VORTAC. This rule will alter
that portion of J-66 within the state of Texas from the Dallas-Fort
Worth VORTAC, via the Bonham VORTAC, to the Little Rock VORTAC.
Additionally, the Glove intersection will be established at the
Texarkana 279 deg.T(286 deg.M) and the Bonham 056 deg.T(064 deg.M)
radials to assist navigation along J-66. Altering J-66 enhances the
flow of air traffic, simplifies routings in the northeast vicinity of
the Dallas-Fort Worth metroplex area, and reduces controller and pilot
workload.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 2004--Jet Routes
* * * * *
J-66 [Revised]
From Newman, TX; Abilene, TX; Dallas-Forth Worth, TX; Bonham,
TX; Little Rock, AR; Memphis, TN; to Rome, GA.
* * * * *
Issued in Washington, DC, on June 25, 1996.
Nancy B. Kalinowski,
Acting Program Director for Air Traffic Airspace Management.
[FR Doc. 96-17036 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-17020 Title V Clean Air Act Final Interim Approval of Operating Permits Program; Maryland
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34733-34739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17020]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[AD-FRL-5530-4]
Title V Clean Air Act Final Interim Approval of Operating Permits
Program; Maryland
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Interim Approval.
-----------------------------------------------------------------------
SUMMARY: EPA is promulgating interim approval of the operating permits
program submitted by Maryland for the purpose of complying with federal
requirements for an approvable program to issue operating permits to
all major stationary sources, and to certain other sources. Maryland
has substantially, but not fully, met the requirements for an operating
permits program set out in title V of the Clean Air Act (CAA) and 40
CFR part 70. Upon the effective date of this program approval, those
sources must comply with Maryland's regulatory requirements to submit
an application for an operating permit pursuant to the state's
submittal schedule.
EFFECTIVE DATE: August 2, 1996.
ADDRESSES: Copies of Maryland's submittal and other supporting
information used in developing the final interim approval are available
for inspection during normal business hours at the following location:
Air, Radiation, and Toxics Division, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, PA 19107.
FOR FURTHER INFORMATION CONTACT: Lisa M. Donahue, (3AT23), Air,
Radiation and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, PA 19107, (215) 566-
2062, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Title V of the 1990 CAA Amendments (sections 501-507 of CAA), and
implementing regulations at 40 Code of Federal Regulations (CFR) part
70 require that states seeking to administer a title V operating
permits program develop and submit a program to EPA by November 15,
1993, and that EPA act to approve or disapprove each program within 1
year after receiving the submittal. EPA's program review occurs
pursuant to section 502 of the Act and the part 70 regulations, which
together outline criteria for approval or disapproval of an operating
permits program submittal. Where a program substantially, but not
fully, meets the requirements of part 70, EPA may grant the program
interim approval for a period of up to 2 years. If EPA has not fully
approved a program by November 15, 1995, or by the expiration of the
interim approval period, it must establish and implement a federal
program.
EPA compiled a technical support document (TSD), associated with
the proposal, which contains a detailed analysis of the operating
permits program. On October 30, 1995, EPA proposed interim approval of
the operating permits program for Maryland, and requested comments on
that proposal. (See 60 FR 55231). In this document EPA is taking final
action to promulgate interim approval of the operating permits program
for Maryland.
II. Analysis of State Submission
On May 9, 1995, Maryland submitted an operating permits program to
satisfy the requirements of the CAA and 40 CFR part 70 and the
submittal was found to be administratively complete pursuant to 40 CFR
70.4(e)(1). The submittal was supplemented by additional material on
June 9, 1995. EPA reviewed the program against the criteria for
approval in section 502 of the CAA and the part 70 regulations. EPA
determined, as fully described in the notice of proposed interim
approval of the state's operating permits program (see 60 FR 55231
(October 30, 1995)) and the TSD for this action, that Maryland's
operating permits program substantially meets the requirements of the
CAA and part 70.
III. Response to Public Comments
EPA received several comments during the public comment period.
Additional comments to clarify comments submitted during the comment
period were submitted after the expiration of the public comment
period. These comments and EPA's responses are grouped into four
categories. All comments are contained
[[Page 34734]]
in the docket at the address noted in the ADDRESSES section above.
A. Judicial Standing
Comment 1: One commenter expressed the belief that EPA was
overstepping its authority in proposing that Maryland amend the
Maryland Environmental Standing Act (MESA) to afford non-state
residents and organizations the same standing rights as other
``persons'' as defined in MESA. Citing the 10th amendment to the U.S.
Constitution, the commenter argues that the regulation of state courts
is clearly a right reserved to the states and that the Maryland common
law ``specific interest or property right'' test of harm is a
reasonable criteria for determining standing in a state court that EPA
should not seek to alter.
EPA Response to comment 1: EPA does not agree that Maryland's
common law standing requirements fully meet the standards of title V.
Moreover, EPA does not believe that section 502(b)(6) of the CAA, and
the requirements of 40 CFR 70.4(b)(3)(x) regarding the necessary
opportunity for judicial review of permit actions represent an
unconstitutional invasion of state sovereignty or a coercion of state
legislative or regulatory action since, under title V, states are
required to amend their standing laws only if they wish to obtain EPA
approval under the CAA. If a state elects not to participate in
implementing title V, it is free to make that choice. EPA's position
has been upheld recently at both the Federal District Court and
Appellate Court levels. See, State of Missouri and Mel Carnahan v.
U.S., et al, No. 4:94CV01288 ELF, 1996 U.S. Dist. Lexis 3215 (E.D. Mo.
Feb. 5, 1996). See also, Commonwealth of Virginia v. Carol Browner, et
al., No. 95-1052, 1996 U.S. App. Lexis 5334 (4th Cir. Mar. 26, 1996).
Comment 2: Two commenters, including the Maryland Department of the
Environment (MDE), expressed disagreement with EPA's evaluation that
title V standing criteria must meet the minimum requirements of Article
III of the U.S. Constitution. One of these commenters disagreed with
EPA's conclusion that MESA consequently provides an inadequate
opportunity for judicial review of part 70 permits.
EPA Response to comment 2: Section 502(b)(6) states that every
approvable permit program must provide the applicant and ``any person
who participated in the public comment process'' with the opportunity
for judicial review of the final permit action in state court. The same
opportunity must also be afforded to any other person who could obtain
judicial review of the action under any applicable state law. EPA
believes that for a state title V operating permits program to be
approved by EPA, that program must provide access to judicial review to
any party who participated in the public comment process and who at a
minimum meets the threshold standing requirements of Article III of the
U.S. Constitution.
EPA's interpretation is consistent with the language, structure,
and legislative history of the Act, under which it is clear that
affected members of the public must have an opportunity for judicial
review of permit actions to ensure an adequate and meaningful
opportunity for public participation in the permit process. See,
Chafee-Baucus Statement of Senate Managers, S. 1630, the Clean Air Act
Amendments of 1990, reprinted in 136 Cong. Rec. S169941 (daily ed.
October 27, 1990). The legislative history, together with the expansive
language of section 502(b)(6), demonstrates the clear intent of the
Congress to provide citizens a broad opportunity for judicial review.
EPA's position regarding the Article III standard recently was
affirmed by the U.S. Court of Appeals for the Fourth Circuit in
Commonwealth of Virginia v. Carol M. Browner, et al., No. 95-1052, 1996
U.S. App. Lexis 5334 (4th Cir. Mar. 26, 1996). The Fourth Circuit Court
of Appeals therein held that:
Here, EPA resolved the slight tension within Sec. 502(b)(6) by
interpreting the section to require that states, at a minimum,
extend judicial review rights to participants in the state public
comment process who satisfy the standard for Article III standing.
This resolution is both authorized by Congress and reasonable, and
therefore we must reject Virginia's alternative interpretation.
Commonwealth v. Browner, 1996 U.S. App. Lexis 5334 at 25-26.
Certain parties, including non-state residents and organizations
not doing business in Maryland, do not fall within MESA's definition of
``person'' and cannot take advantage of the standing provisions of
MESA. These parties are required to establish standing for judicial
review under the Maryland common law of standing. While Maryland's
program submittal provides adequate standing for state residents and
organizations doing business in Maryland and thus substantially meets
the standing requirements of title V of the CAA and 40 CFR part 70, EPA
has concluded that Maryland standing requirements are somewhat less
favorable than the standing requirements of Article III with respect to
non-state residents and organizations not doing business in Maryland.
In order to fully meet the standing requirements for judicial review
required by CAA section 502(b)(6) and 40 CFR 70.4(b)(3)(x), MESA must
be amended to accord such non-state residents and organizations the
same standing to challenge part 70 permit decisions as other
``persons'' defined in MESA, or, in the alternative, other appropriate
legislative action must be taken to ensure that standing requirements
for such organizations are not more restrictive than the minimum
requirements of Article III of the U.S. Constitution as they apply to
federal courts.
Comment 3: One commenter argues that judicial review under the
Maryland Administrative Processes Act (APA) is unavailable in Maryland
for a part 70 permit and the scope of review under MESA is much
narrower than that afforded under the APA. The commenter further
asserts that MESA does not abrogate the existing requirement of
exhaustion of remedies, expresses due process concerns inherent under
Maryland APA standing principles and questions whether MESA can serve
as the ``primary avenue'' for third parties to obtain judicial review
of part 70 permits issued by MDE. A second commenter generally asserted
the belief that Maryland's permit program effectively precludes citizen
suits under all circumstances and is deficient in its citizen suit
``standing'' provisions.
EPA Response to comment 3: The Maryland Attorney General
acknowledges that in order to obtain judicial review under the APA, a
party must show that the party has been ``aggrieved''. The Maryland
Attorney General recognizes that MESA cannot be used for this purpose
and that MESA does not provide standing for a direct judicial review of
permit actions under Maryland's APA. See, Medical Waste Associates,
Inc. v. Maryland Waste Coalition, Inc., 327 Md. 596, 612 A.2d 241
(1992). Citing Medical Waste, the Maryland Attorney General concludes
that MESA cannot be used by a plaintiff organization to create standing
rights that the organization otherwise would not have to obtain
judicial review of a contested case decision under the APA. However,
the Maryland Attorney General concludes that the decision in Medical
Waste has relevance to the scope of review available under MESA only
with respect to MDE permits that are subject to contested case
hearings. The Maryland Attorney General states that part 70 operating
permits will not be subject to contested case proceedings and that
Medical Waste should not be seen as controlling with respect to part
[[Page 34735]]
70 permits, especially where MDE has specified that MESA is the
appropriate mechanism for obtaining judicial review of such permits.
The Maryland Attorney General acknowledges that the nature and
scope of review that is available with respect to part 70 operating
permits will depend on the issues raised by the petitioner and on the
type of action brought. However, the Maryland Attorney General notes
that the Maryland Court of Appeals, in discussing the type of review
available in an adjudicative type of permit review proceeding, has
stated that:
Consequently, such an administrative proceeding, even if not
subject to judicial review under the APA, would be subject to
judicial review, of essentially the same scope, in an action for
mandamus, certiorari, injunction, or declaratory judgment.
Medical Waste, 327 Md. at 610.
The Maryland Attorney General further asserts that, in the absence
of an express provision for review, actions for declaratory or
injunctive relief, as well as mandamus, are available to persons
challenging state permit issuance. The Maryland Attorney General notes
that a reviewing court essentially may provide the same remedies that a
person could obtain from judicial review under the APA and that MESA,
therefore, should provide the basis for judicial review of any part 70
permit in which MDE fails correctly to apply applicable CAA
requirements that pertain to the source covered under the permit. As to
the issue of exhaustion of remedies, neither title V nor 40 CFR part 70
prohibit an administrative remedy exhaustion requirement.
On the basis of the Maryland Attorney General's Opinion, it appears
that review of essentially equivalent scope as direct judicial review
is available in administrative proceedings such as permit issuances or
denials, even if not subject to direct review under the Maryland APA.
Nevertheless, Maryland could avoid the risk of any future Maryland
judicial decision interpreting MESA or Maryland's common law of
standing in such a manner as potentially to compromise Maryland's part
70 approval status if Maryland were to amend its state APA to provide
directly for the opportunity for judicial review of permit actions in
state court, consistent with CAA section 502(b)(6) and 40 CFR
70.4(b)(3)(x).
Comment 4: One commenter opines that Maryland part 70 regulations
should be able to provide expressly for standing consistent with
existing Federal law through an adoption of the Federal definition of
standing, as Maryland has done with state regulations promulgated under
the Federal Surface Mining Control and Reclamation Act.
EPA Response to comment 4: EPA believes that the commenter may have
identified one of several potential alternatives available to Maryland
to meet fully the requirements of CAA section 502(b)(6) and 40 CFR
70.4(b)(3)(x). However, EPA does not believe that Maryland must select
this particular alternative in order to maintain part 70 approval
status.
Comment 5: One commenter notes that the Maryland APA requirement
that a party be ``aggrieved'' mirrors general common law standing
principles applicable to judicial review of administrative decisions,
but asserts that Maryland imposes a ``special interest'' requirement
whereby a party ``ordinarily must'' show that his personal property
rights are specially affected in a way different from the general
public in order to have common law standing. The commenter states that
Maryland's ``special interest'' requirement differs significantly from
the ``general interest'' requirement under the Federal rule and that
the Court of Special Appeals of Maryland has virtually excluded anyone
but an adjoining property holder from meeting the ``special harm''
requirement of standing.
EPA Response to comment 5: No Maryland appellate decision has
articulated those ``interests'' which are sufficient to establish
standing on the part of an individual in an environmental permit case.
In the event that a Maryland judicial decision having precedential
effect is issued in the future which makes Maryland common law standing
requirements more stringent than Article III standing requirements, EPA
will take appropriate action under 40 CFR 70.10(c) (``Criteria for
Withdrawal of State Programs'').
Comment 6: One commenter asserts that MESA places major limitations
upon when and where a private citizen may initiate an action and that
judicial application of MESA renders nugatory MESA's supposedly broad
standing requirements.
EPA Response to comment 6: While it is clear that MESA confers
standing on any individual citizen residing ``in the county or
Baltimore City where the action is brought'', no reported Maryland
appellate decision has interpreted the additional standard set forth in
MESA which confers standing on any individual citizen able to
``demonstrate that the alleged condition, activity, or failure
complained of affects the environment where he resides.'' In the event
that a Maryland judicial decision having precedential effect is issued
in the future which makes MESA's standing requirements more stringent
than Article III standing requirements, EPA will take appropriate
action under 40 CFR 70.10(c).
Comment 7: One commenter notes that organizational standing under
Maryland common law is significantly more restrictive than under
Federal law in that the organization's members must meet the ``special
harm'' test and the organization itself must have its own ``property''
interest, separate and distinct from that of its members and the public
at large.
EPA Response to comment 7: EPA has identified the commenter's
concerns as an interim approval issue and agrees that Maryland standing
requirements are somewhat less favorable than the standing requirements
of Article III with respect to organizations not doing business in
Maryland. See, 60 FR 55231, 55233. The federal courts interpret Article
III to provide standing for organizations in actions brought to protect
the interests of their members, provided certain conditions are met.
See, Chesapeake Bay Foundation v. Bethlehem Steel Corp., 608 F.Supp.
440 (D. Md. 1985). Under the Maryland common law of standing, an
organization must have an interest of its own, separate and distinct
from that of its individual members, in order to establish standing.
Medical Waste Associates, Inc. v. Maryland Waste Coalition, 327 Md. 596
(1992). However, the Maryland Attorney General notes that if at least
one plaintiff in an action for review of a permit establishes standing,
the Maryland courts will not ordinarily inquire as to whether other
plaintiffs have standing. Therefore, an organization doing business
outside of Maryland may be able to participate in a permit challenge on
behalf of its individual members if other parties having the requisite
standing also join as plaintiffs in the action.
Maryland's program submittal substantially meets the standing
requirements of title V of the CAA and 40 CFR part 70. However, in
order to meet fully the requirements of section 502(b)(6) of the CAA
and 40 CFR 70.4(b)(3)(x), MESA must be amended to accord non-state
residents and organizations not doing business in Maryland the same
standing to challenge part 70 permit decisions as other ``persons'' as
defined in MESA, or, in the alternative, other appropriate legislative
action must be taken to ensure that standing requirements for such
organizations are not more restrictive than the minimum
[[Page 34736]]
requirements of Article III of the U.S. Constitution as they apply to
federal courts.
Comment 8: One commenter questions where the Maryland Attorney
General finds support for the proposition that Maryland would recognize
a non-economic interest as sufficient for standing purposes. The
commenter considers it clear that Maryland recognizes only an
individual's ``health or property'' interest and that not one single
case allows recreational, environmental or aesthetic interests as being
sufficient to constitute the type of special interest needed to
establish standing under Maryland common law (i.e., non-MESA) standing.
EPA Response to comment 8: There are no reported cases in Maryland
that would preclude a non-economic interest (such as a recreational,
conservational or aesthetic interest) from constituting the type of
specific interest needed to establish standing under Maryland common
law. If a Maryland judicial decision having precedential effect is
issued in the future limiting the special interest required for
standing to economic interests, then the Maryland standing requirement
would become more stringent than Article III standing requirements. See
e.g., Commonwealth of Virginia v. Carol M. Browner, et al., No. 95-
1052, 1996 U.S. App. Lexis 5334 (plaintiff need not show ``pecuniary''
harm to have Article III standing; injury to health or to aesthetic,
environmental, or recreational interests will suffice). See, also,
United States v. Students Challenging Regulatory Agency Procedures
(SCRAP), 412 U.S. 669, 686-87 (1973); Sierra Club v. Morton, 405 U.S.
727, 734 (1972). EPA would then take appropriate action under 40 CFR
70.10(c).
Comment 9: One commenter asked that EPA disapprove the Maryland
part 70 Permit Program and take the first steps to institute
discretionary sanctions.
EPA Response to comment 9: Maryland's part 70 Permit Program
submittal does not meet fully the requirements of title V of the CAA
and 40 CFR part 70 and full approval by EPA is inappropriate. However,
Maryland's part 70 Permit Program submittal substantially meets the
requirements of title V of the CAA and 40 CFR part 70 and interim
approval is appropriate. During the interim approval period, which may
extend for up to 2 years, Maryland is protected from sanctions for
failure to have a fully approved title V, part 70 program. EPA may
apply discretionary sanctions, where warranted, any time after the end
of an interim approval period if Maryland has not timely submitted a
complete corrective program or EPA has disapproved a submitted
corrective program.
B. Programmatic Issues
Comment 10: A commenter disagreed with EPA's statement that any
relaxation of a compliance plan or schedule must be processed as a
significant permit modification. The commenter believes that Maryland
should be allowed discretion to process insubstantial changes to a
compliance plan or schedule as either administrative or minor permit
revisions, and cites an example. The commenter believes that it is
inappropriate to require a significant permit modification for a one
month delay in meeting a compliance milestone, when the state can
assure that the source is acting in good faith and that the delay is
beyond the source's control. The commenter believes that this provision
of the regulation (Code of Maryland Regulations (COMAR) 26.11.03.14.C)
should be approved as currently written.
EPA Response to Comment 10: EPA agrees with the comment and revises
its position, removing the requirement to revise COMAR 26.11.03.14C as
set out in the proposed interim approval notice. COMAR 26.11.03.14C
does not prohibit MDE from considering a change to a compliance plan as
a significant permit modification. Rather, it provides an additional
requirement for changes to compliance plans. Whereas sources may make
changes addressed in administrative permit amendments (see COMAR
26.11.03.15F) or minor permit modifications (with some exceptions, see
COMAR 26.11.03.16G) before MDE completes its amendment or modification,
changes to compliance plans may not be made until they have been
approved in writing. The criteria for determining the type of permit
modification that is required in any particular instance are set out at
COMAR 26.11.03.14-19. In keeping with these criteria, Maryland has the
discretion to treat ``insubstantial'' changes as administrative or
minor permit modifications, as appropriate.
Comment 11: A commenter expressed support for MDE's plan to place
fee revenues from the title V program into a segregated portion of the
Air and Radiation Management and Administration's budget. Maryland's
title V program allows surplus funds from previous years to be carried
over to the following year and used solely for the part 70 permit
program. The commenter recommended that the funds be placed in an
interest bearing account, and credited to sources, according to the
proportion of the total of all emission fees which were paid by the
source in a timely manner.
EPA Response to Comment 11: Part 70 requires that states establish
a fee schedule that results in revenues sufficient to cover the permit
program costs. Part 70 does not specify how surplus funds from one year
should be carried over to fund the next year, and does not require that
funds be placed in an interest bearing account and credited to sources.
Maryland has discretion to manage surplus funds as the state determines
is appropriate, provided that the funds are used solely for title V
purposes and in accordance with the provisions of part 70. The state is
also required under part 70.9(d) to provide periodic accounting updates
demonstrating how fee revenues are used solely to cover the costs of
implementing the title V program.
Comment 12: A commenter requested that EPA encourage Maryland to
adopt a ``trivial activities'' list and set up a process for approving
trivial activities on a case by case basis, as provided for in the
EPA's ``White Paper for Streamlined Development of Part 70 Permit
Applications.''
EPA Response to Comment 12: As discussed in the ``White Paper for
Streamlined Development Part 70 Permit Applications'', dated July 10,
1995, EPA believes that, in addition to the insignificant activity
provisions of part 70.5(c), part 70.5 allows permitting authorities to
recognize certain activities as being clearly trivial (i.e., emissions
units and activities which do not in any way implicate applicable
requirements) and that such trivial activities can be omitted from the
permit application even if not included on a list of insignificant
activities approved in a state's part 70 program. Permitting
authorities may, on a case-by-case basis and without EPA approval,
exempt additional activities which are clearly trivial. However,
additional exemptions, to the extent that the activities they cover are
not clearly trivial, still need to be approved by EPA before being
added to state lists of insignificant activities. While part 70.5 has
been interpreted to allow flexibility for the determination of trivial
activities, EPA will defer to Maryland to determine whether similar
flexibility exists under its own permit application provisions. EPA
believes that it is appropriate to have such determinations made in the
first instance at the state level as the decision of whether any
particular item should be on a state's trivial list may depend on
[[Page 34737]]
state-specific factors, such as whether the activity is subject to
state-only requirements or specific requirements of the SIP.
Comment 13: A commenter urged EPA to allow the state to provide
more time for facilities to submit permit applications. Maryland
requires facilities to submit permit applications on a staggered basis
within 4, 6 or 8 months after the effective date of EPA's approval of
the title V program. The commenter is concerned that pending
rulemakings for the title V program and monitoring requirements are
needed to determine what will be required in a title V permit
application and permit. Further, the commenter requested EPA to develop
a national standard for permit application forms, so that no one
company or state would have a greater or lesser burden in completing
its permit application.
EPA Response to Comment 13: Section 503(c) of the CAA requires that
any person required to have a permit shall submit to the permitting
authority a permit application and compliance plan not later than 12
months after the date on which the source becomes subject to the
program, or such earlier date as the permitting authority may
establish. This requirement is established by regulation at 40 CFR part
70.5(a)(1). EPA has no authority to allow states to extend the time
frame for sources to submit permit applications beyond the required 12
months. The CAA and part 70 provide states discretion to establish
earlier due dates for sources to submit permit applications. Many
states, including Maryland, have done so, particularly so that they
will be able to meet the requirement for issuing one-third of permits
within the first year of title V program approval. EPA supports states'
decisions to establish earlier due dates for permit applications and
believes that Maryland's approach is reasonable.
EPA's pending rulemakings pertaining to the title V program and
monitoring requirements do not have an impact on the information that
sources must include in permit applications. Sources subject to
Maryland's title V program, once approved, will be subject to the
requirements for permit applications found in Maryland's regulations
(primarily COMAR 26.11.03.02, 26.11.03.03, and 26.11.03.04).
EPA does not agree that a national standardized permit application
form should be established. Part 70.5(c) requires the state to provide
a standard application form(s) and provides that the permitting
authority may use its discretion in developing application forms that
best meet program needs and administrative efficiency. Part 70.5(c)
specifies the minimum types of information that must be included in
permit applications.
C. Decision for ``Interim'' Approval
Comment 14: One general comment raised with respect to several of
the proposed interim approval issues questions why such program
deficiencies warrant interim approval status. Although this same
comment was submitted with respect to several of the proposed interim
approval issues, EPA will respond to this comment generally in this
rulemaking action.
EPA Response to comment 14: The part 70 regulations define the
minimum elements required by the CAA for approval of state operating
permit programs. Section 70.4(d) authorizes EPA to grant interim
approval in situations where a state's program substantially meets the
requirements of part 70, but is not fully approvable. In reviewing
Maryland's operating permit regulations, several instances in which the
impact of seemingly ``small'' deficiencies such as vague or awkward
language, misplaced, misreferenced or mislabeled provisions prevents
EPA from being able to determine that the requirements of part 70 are
fully met. EPA identified such deficiencies as ``interim approval
issues'' which Maryland must revise, modify or otherwise clarify to
fully meet part 70's requirements. To the extent that EPA's concerns
can be satisfied through other mechanisms, regulatory revision may not
be necessary.
Comment 15: Commenters also have questioned the propriety of EPA's
proposal to grant interim approval status to Maryland's title V Program
in light of recognized deficiencies in the Program's standing
requirements for judicial review and have previously suggested that EPA
may be applying inconsistent approval standards and an inconsistent
level of review and comment among the various state and local
jurisdictions seeking operating permit program approvals under title V
of the CAA.
EPA Response to comment 15: EPA believes that MESA provides
adequate standing for judicial review to Maryland residents and
corporations, and any partnership, organization, association or legal
entity doing business in the state, all of whom are defined as
``persons'' therein. EPA further believes that the substantial majority
of challenges to state permit actions will be brought by resident
individuals and organizations doing business within the state and who
will have standing for judicial review pursuant to MESA. EPA recognizes
that non-state residents must establish standing pursuant to Maryland
common law, which requires a ``specific interest or property right''
such that the party will suffer harm that is different in kind from
that suffered from the general public. However, there are no reported
cases in Maryland that would preclude non-economic interests such as
recreational, conservational or aesthetic interests from constituting
the type of specific interest needed for standing. In the event that a
Maryland decision having precedential effect subsequently limits the
special interest required for standing to economic interests, or
otherwise makes the Maryland standing requirements more stringent that
Article III standing requirements, EPA has previously stated its intent
to take appropriate action under 40 CFR 70.10(c). EPA also
acknowledges, as an interim approval issue, that Maryland standing
requirements are somewhat less favorable than the standing requirements
of Article III with respect to organizations not doing business in
Maryland and that Maryland must accord non-state residents and
organizations not doing business in the state the same standing rights
to challenge part 70 permit decisions as other ``persons'' as defined
in MESA. In the interim, an organization doing business outside
Maryland still may be able to participate in a permit challenge on
behalf of its individual members if it joins other plaintiffs who
already have the requisite standing in the action, as Maryland courts
will not ordinarily inquire as to whether other plaintiffs have
standing.
For these reasons, EPA believes that Maryland's program currently
provides the requisite standing for judicial review to the broad
majority of prospective plaintiffs in part 70 state permit actions and
substantially meets the requirements of part 70. EPA further believes
that Maryland's program meets each of the minimum requirements of 40
CFR 70.4(d)(3), such that interim approval should be granted to
Maryland's title V Program.
EPA has applied consistent review, comment and approval standards
among the various jurisdictions seeking approval of operating permit
programs under title V of the CAA. EPA evaluates each program
separately to determine if it meets the requirements of 40 CFR part 70
and has not proposed approval for any state operating permits program
that does not substantially meet the requirements for standing for
judicial review as required by section 502(b)(6) of the Act and 40 CFR
70.4(b)(3)(x).
[[Page 34738]]
Some commenters have questioned the consistency of EPA's review,
comment and approval standards with respect to the issue of standing
for judicial review because EPA proposes to grant interim approval
status to Maryland's title V Program after acknowledging certain
deficiencies in Maryland's program submittal. These commenters note
that EPA previously denied approval of the Commonwealth of Virginia's
Program upon finding that limitations on judicial review in Virginia
did not meet the minimum threshold standing requirements of Article
III.
On the basis of five disapproval issues, including the issue of
standing for judicial review, EPA determined that Virginia's operating
program submittal did not substantially meet the requirements of part
70 and, therefore, was not eligible for interim approval. (See 59 FR
62324 (December 5, 1994)). On the issue of standing for judicial
review, EPA took particular note that section 10.1-1318(B) of the Code
of Virginia extends the right to seek judicial review only to persons
who have suffered ``actual, threatened, or imminent injury * * * ''
where ``such injury is an invasion of an immediate, legally protected,
pecuniary and substantial interest which is concrete and particularized
* * * '' and found that the limitations on judicial review in Virginia
did not meet the minimum threshold standing requirements of Article II
of the U.S. Constitution and did not meet the minimum program approval
criteria under title V. (See 59 FR 31183, 31184 (June 17, 1994)).
The strict limitations on judicial review which are contained in
Virginia's program submittal are in sharp contrast to the comparatively
minor limitations on judicial review contained in Maryland's operating
program submittal (as described above). Because Maryland's program
submittal confers general standing privileges on all state residents
and organizations doing business in the state (i.e., the broad majority
of potential plaintiffs), and for the additional reasons explained
above, EPA believes that Maryland's program submittal substantially
meets the standing requirements of title V of the CAA and 40 CFR part
70. EPA further believes that such a finding is factually appropriate
and is consistent with applicable approval standards and prior EPA
program evaluations.
D. Part 70 Supplemental Rule
Comment 16: A commenter expressed support for EPA's supplemental
proposed rule for the title V program (See 60 FR 45530, August 31,
1995) which would provide states the flexibility to match the level of
review of permit revisions to the environmental significance of the
operational change.
EPA Response to Comment 16: This comment does not pertain to EPA's
proposed interim approval action for Maryland's title V program. EPA's
approval action for Maryland is based on 40 CFR part 70 as promulgated
on July 21, 1992. Once EPA promulgates final revisions to the part 70
program, the state will be required to amend its title V program to
reflect the changes.
Final Action: EPA is promulgating interim approval of the operating
permits program submitted by Maryland on May 9, 1995, and supplemented
on June 9, 1995. Maryland must make the changes identified in the
notice of proposed rulemaking, with the exception noted in Comment 10
above, in order to fully meet the requirements of the July 21, 1992
version of part 70 (See 60 FR 55231, October 30, 1995).
The scope of Maryland's part 70 program approved in this action
applies to all part 70 sources (as defined in the approved program)
within Maryland, except any sources of air pollution over which an
Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-18 (Nov.
9, 1994). The term ``Indian Tribe'' is defined under the Act as ``any
Indian tribe, band, nation, or other organized group or community,
including any Alaska Native village, which is federally recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.'' See section
302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR
54364 (Oct. 21, 1993).
This interim approval extends until August 3, 1998. During this
interim approval period, Maryland is protected from sanctions for
failure to have a fully approved title V, part 70 program, and EPA is
not obligated to promulgate, administer and enforce a federal operating
permits program in Maryland. Permits issued under a program with
interim approval have full standing with respect to part 70, and the 1-
year time period for submittal of permit applications by subject
sources begins upon the effective date of this interim approval, as
does the 3-year time period for processing the initial permit
applications.
If Maryland fails to submit a complete corrective program for full
approval by February 3, 1998, EPA will start an 18-month clock for
mandatory sanctions. If Maryland then fails to submit a corrective
program that EPA finds complete before the expiration of that 18-month
period, EPA will be required to apply one of the sanctions in section
179(b) of the Act, which will remain in effect until EPA determines
that Maryland has corrected the deficiency by submitting a complete
corrective program. Moreover, if the Administrator finds a lack of good
faith on the part of Maryland, both sanctions under section 179(b) will
apply after the expiration of the 18-month period until the
Administrator determined that Maryland had come into compliance. In any
case, if, six months after application of the first sanction, Maryland
still has not submitted a corrective program that EPA has found
complete, a second sanction will be required.
If EPA disapproves Maryland's complete corrective program, EPA will
be required to apply one of the section 179(b) sanctions on the date 18
months after the effective date of the disapproval, unless prior to the
date on which the sanction would be applied Maryland has submitted a
revised program and EPA has determined that it corrected the
deficiencies that prompted the disapproval. Moreover, if the
Administrator finds a lack of good faith on the part of Maryland, both
sanctions under section 179(b) shall apply after the expiration of the
18-month period until the Administrator determines that Maryland has
come into compliance. In all cases, if, six months after EPA applies
the first sanction, Maryland has not submitted a revised program that
EPA has determined corrects the deficiencies, a second sanction is
required.
In addition, discretionary sanctions may be applied where warranted
any time after the expiration of an interim approval period if Maryland
has not timely submitted a complete corrective program or EPA has
disapproved its submitted corrective program. Moreover, if EPA has not
granted full approval to Maryland's program by the expiration of the
interim approval period, EPA must promulgate, administer and enforce a
federal permits program for Maryland upon the date the interim approval
period expires.
Requirements for approval, specified in 40 CFR 70.4(b), encompass
the CAA's section 112(l)(5) requirements for approval of a program for
delegation of section 112 standards as promulgated by EPA as they apply
to part 70 sources. Section 112(l)(5) requires that the state's program
contain adequate authorities, adequate resources for implementation,
and an expeditious compliance schedule, which are also requirements
under part 70. Therefore, EPA is also promulgating approval under
section 112(l)(5) and 40 CFR 63.91 of Maryland's program for receiving
[[Page 34739]]
delegation of section 112 standards that are unchanged from federal
standards as promulgated. This program for delegations only applies to
sources covered by the part 70 program.
Additionally, EPA is promulgating approval of Maryland's operating
permits program, under the authority of title V and part 70 for the
purpose of implementing section 112(g) to the extent necessary during
the transition period between promulgation of the federal section
112(g) rule and adoption of any necessary state rules to implement
EPA's section 112(g) regulations. However, since this approval is for
the purpose of providing a mechanism to implement section 112(g) during
the transition period, the approval of the operating permits program
for this purpose will be without effect if EPA decides in the final
section 112(g) rule that sources are not subject to the requirements of
the rule until state regulations are adopted. Although section 112(l)
generally provides the authority for approval of state air toxics
programs, title V and section 112(g) provide authority for this limited
approval because of the direct linkage between implementation of
section 112(g) and title V. Unless the federal section 112(g) rule
establishes a specific time frame for the adoption of state rules, the
duration of this approval is limited to 18 months following
promulgation by EPA of section 112(g) regulations, to provide the state
with adequate time to adopt regulations consistent with federal
requirements.
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
EPA's actions under section 502 of the Act do not create any new
requirements, but simply address operating permits programs submitted
to satisfy the requirements of 40 CFR part 70. Because this action to
grant interim approval of Maryland's operating permits program pursuant
to title V of the CAA and 40 CFR part 70 does not impose any new
requirements, it does not have a significant impact on a substantial
number of small entities.
EPA has determined that this action, promulgating interim approval
of Maryland's operating permits program, does not include a federal
mandate that may result in estimated costs of $100 million or more to
either state, local, or tribal governments in the aggregate, or to the
private sector. This federal action approves pre-existing requirements
under state or local law, and imposes no new federal requirements.
Accordingly, no additional costs to state, local, or tribal
governments, or to the private sector result from this action.
List of Subjects in 40 CFR Part 70
Environmental Protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
and Reporting and recordkeeping requirements.
Dated: June 19, 1996.
W. Michael McCabe,
Regional Administrator.
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended by adding the entry for
Maryland in alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Maryland
(a) Maryland Department of the Environment: submitted on May 9,
1995; interim approval effective on August 2, 1996; interim approval
expires August 3, 1998.
(b) Reserved
* * * * *
[FR Doc. 96-17020 Filed 7-3-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-17013 Leasing of Sulphur or Oil and Gas in the Outer Continental Shelf
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34730-34732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17013]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Part 256
RIN 1010-AC18
Leasing of Sulphur or Oil and Gas in the Outer Continental Shelf
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the regulations of MMS to allow the
authorized officer to extend the 90-day time period within which we
must accept or reject the high bids received on Outer Continental Shelf
(OCS) tracts offered for sale. Unforeseen circumstances including a
flood, a furlough, and an extremely high bid response may create a need
for more time to evaluate bids. The rule gives the authorized officer
authority to extend the time period for 15 working days or longer,
beyond 90 days after the date on which the bids are opened, when
circumstances warrant.
EFFECTIVE DATE: This rule is effective July 18, 1996.
FOR FURTHER INFORMATION CONTACT:
Dr. Marshall Rose, Chief, Economic Evaluation Branch, telephone (703)
787-1536.
SUPPLEMENTARY INFORMATION: The time to accept or reject bids is
established under the regulations at 30 CFR 256.47. The authorized
officer must accept or reject the high bids within 90 days after the
bid opening, except for tracts or blocks identified by the Secretary of
the Interior as subject to:
(1) Another nations's claims of jurisdiction and control which
conflict with the claims of the United States, or
(2) Defense-related activities that may be incompatible with
mineral exploration/development activities. Any bid not accepted within
that period is deemed rejected.
In the Central Gulf of Mexico Sale 157, held April 24, 1996, we
received 1,381 bids on 924 tracts, 632 of which passed to Phase 2 for
detailed reviews. This unprecedented response by industry in Sale 157
resulted from the enactment of the Outer Continental Shelf Deep Water
Royalty Relief Act (Pub. L. 104-58, DWRRA) and other factors, such as
higher natural gas and oil prices. Consequently, MMS is unable to
conduct and complete the entire bid review process within the 90 days,
i.e., by July 22, 1996. If we do not modify the timing restriction
before the 90 days expire for Sale 157, dozens of high bids received on
tracts offered in that sale may be rejected because of our inability to
complete the statutorily mandated review for fair market value.
Therefore, in accordance with 5 U.S.C. 553(b)(3)(B), this rule is
effective July 18, 1996. It is in the public interest to ensure that
adequate time is available to give all high bids a full and appropriate
review and to ensure the receipt of fair market value.
The 90-day period was established in 1982 because of the change
from nomination to areawide sales and from presale to postsale
evaluations. Since then, MMS has held mainly areawide sales. The DWRRA
amended the Outer Continental Shelf Lands Act and defined a new bidding
system which provides for royalty suspensions. The deep water incentive
law did not amend the requirement that we receive fair market value for
tracts leased. Any lease sale held before November 28, 2000, must use
the new bidding system for all tracts located in water depths of 200
meters or more in the Gulf of Mexico west of 87 degrees, 30 minutes
west longitude. The large number of bids received in response to the
new statutory requirements resulted in an increased workload which we
expect will exceed our ability to complete the bid review process
within 90 days as required by 30 CFR 256.47(e)(2).
This rule allows the authorized officer authority to extend the
time period for 15 working days or longer when circumstances warrant.
Recent examples include floods and furloughs; however, other
circumstances such as an excessive unanticipated workload may arise
which could warrant the need for a longer time for bid evaluation.
This rule addresses a housekeeping issue and will enable us to
adjust the bid acceptance/rejection time period to meet changing
conditions. It recognizes that 90 days may not be enough time to
complete the review process, which would result in the rejection of the
high bids which we fail to evaluate within 90 days. This would result
in fewer leases being issued because of failure to complete the bid
review process within time and resource constraints. The Government may
receive less bonus and rental monies.
Today, without authority to extend the bid review period, the 1982
90-day rule is arbitrarily too rigid and may not allow sufficient time
given the current complexities inherent in evaluating certain tracts.
It is in the public interest to ensure that adequate time is available
to give all high bids a full and appropriate review, to ensure the
receipt of fair market value, and ultimately to increase natural gas
and oil supplies.
This rulemaking finalizes the rule, with one substantive
modification, as originally proposed and published in the Federal
Register (61 FR 24466, May 15, 1996). Seven respondents--a trade
organization and six companies--submitted comments on the proposed rule
during the public comment period. The MMS reviewed and analyzed the
comments. The following is a discussion of the comments received and
our response.
Narrative Responses to Comments
Comment: Although MMS now pays interest on the one-fifth bonus held
during the evaluation period, industry must set aside the four-fifths
of the bonus and first year rental to pay for the lease when and if
awarded. Delays in rejecting a lease may cause a company to miss
participating in a significant opportunity elsewhere. Delays in
awarding leases can cause delays in planning further seismic
evaluation, hazard surveys, rig commitment, and budgeting of wells. On
the other hand, industry does not want the retention of the 90-day
period to result in the rejection of the high bids because MMS does not
have sufficient time to evaluate them.
Response: We realize that any extension beyond the 90 days could
result in some missed opportunities and impact exploration and
development activities, but MMS must fulfill its duty to obtain fair
market value for offshore leased tracts. Because we accept tracts
sequentially during the bid review period, on only a small portion of
tracts will MMS require more than 90 days to
[[Page 34731]]
complete the evaluation. We plan to extend the bid review period only
when circumstances beyond our control arise, such as weather
conditions, furloughs, or an unusually large number of unanticipated
tracts receiving bids causing disruptions in our workload. We would
rather ensure that adequate time is available to give all high bids a
full and appropriate review, than have to reject high bids for
insufficient time to evaluate, which could be the case without this
rule. To accommodate the concern to keep the review time extension as
short as possible, MMS has reduced the minimum extension time from 30
days as proposed to 15 working days in the final rule.
Comment: The ``authorized officer'' should not be allowed authority
to extend the time period for more than 30 days. This extension of time
should only apply to the evaluation of Sale 157 bids and should not be
for additional time caused by a change in the bid adequacy procedures,
for example, elimination of the 3-bid rule.
Response: Our recent experience with floods and furloughs, which
resulted in extensions of the bid review period for 14 and 9 days each,
would indicate that it is unlikely that the authorized officer will
extend the time period for more than 15 working days. As a result, we
have modified the proposed 30 days to 15 working days. However, in
those rare circumstances that may arise which could warrant a longer
time for bid evaluation, this rule gives the authorized officer the
flexibility to respond appropriately and in the public interest. With
respect to Sale 157, more than three times the normal number of tracts
went to Phase 2 for further evaluation, only a small percentage of
which was attributable to the elimination of the 3-bid rule. The
excessive workload burden is a result primarily of industry competition
and bidding in Sale 157 and not a change in the bid adequacy
procedures.
Comment: The fact that a tract is covered by the DWRRA should not
be a factor in evaluating the high bid on that tract.
Response: The MMS must fulfill its duty to obtain fair market value
for offshore leased tracts. The fact that a tract may benefit from the
DWRRA will normally cause the bidders to adjust their bids accordingly.
Therefore, any bid review procedure should take this effect into
consideration as well.
Comment: The regulation and the notice granting the extension
should make clear the event or circumstances which require the
extension.
Response: Based on past experience, the rule does not list all
possible reasons, or combination of reasons, that could trigger an
extension. Examples of circumstances that might apply are: Inclement
weather that results in closing the office; damage to the building
(e.g., explosion, fire, or water); lack of electrical power; etc. Any
announcement of an extension beyond the 90-day period will include the
reasons warranting the extension.
Comment: An extension to accept or reject the high bids is
acceptable provided the additional time is warranted, and the sale
schedule in the Central and Western Gulf of Mexico is not seriously
affected. The alternative of rejecting high bids not evaluated because
of insufficient time does not serve the best interest of the companies
or the Government.
Response: We, like the companies, do not want to extend the bid
review period any more than absolutely necessary because MMS wants to
continue to meet our sales schedule. We also realize that companies
might delay exploration and development decisions because considerable
amounts of financial resources, which could be better employed
elsewhere, are tied up during this period. Any extensions should be for
the minimum time warranted and affect a small number of tracts.
Comment: The 90-day period would be sufficient if MMS limited its
evaluation efforts in Phase 2 to those tracts where there is current
activity or new production offsetting a tract receiving bids.
Response: Because we are required to receive fair value for all
tracts leased, the existing bid adequacy procedures do not limit Phase
2 evaluation efforts only to those tracts where there is current
activity or new production offsetting a tract receiving bids. The rule
recognizes that more than 90 days may be needed to complete the
process. We will continue to review our procedures and, based on
knowledge gained from experience in lease sales, may identify
modifications which might reduce the length of the bid review period.
Author: This document was prepared by Mary Vavrina, Offshore
Resource Evaluation Division, MMS.
Executive Order (E.O.) 12866
This rule does not meet the criteria for a significant rule
requiring review by the Office of Management and Budget (OMB) under
E.O. 12866.
Regulatory Flexibility Act
The Department of the Interior (DOI) has determined that this rule
will not have a significant economic effect on a substantial number of
small entities. Any direct effects of this rulemaking will primarily
affect the lessees and operators--entities that are not, by definition,
small due to the technical complexities and financial resources
necessary to conduct OCS activities. Small entities are more likely to
operate onshore or in State waters--areas not covered by this rule. The
indirect effect of this rulemaking on small entities that provide
support for offshore activities has also been determined to be small.
When small entities work on the OCS, they are more likely to be
contractors rather than lessees. While these contractors must follow
the rules governing OCS operations, we are not changing the rules that
govern actual operations on a lease. We are only modifying the rules
governing the actual acceptance or rejection of a high bid for a lease.
Paperwork Reduction Act
The rule has been examined under the Paperwork Reduction Act of
1995 and has been found to contain no new reporting and information
collection requirements.
Takings Implication Assessment
The DOI certifies that this rule does not represent a governmental
action capable of interference with constitutionally protected property
rights. A Takings Implication Assessment prepared under E.O. 12630,
Government Action and Interference with Constitutionally Protected
Property Rights, is not required.
E.O. 12988
The DOI has certified to OMB that the rule meets the applicable
reform standards provided in Section 3(b)(2) of E.O. 12988.
National Environmental Policy Act
The DOI has determined that this rule does not constitute a major
Federal action significantly affecting the quality of the human
environment; therefore, an environmental impact statement is not
required.
Unfunded Mandate Reform Act of 1995
The DOI has determined and certifies according to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rule will not
impose a cost of $100 million or more in any given year on local,
tribal, or State governments or the private sector.
List of Subjects in 30 CFR Part 256
Administrative practices and procedures, Continental shelf,
Government contracts, Incorporation by reference, Oil and gas
exploration,
[[Page 34732]]
Public lands--mineral resources, Reporting and recordkeeping
requirements, Surety bonds.
Dated: June 27, 1996.
Sylvia V. Baca,
Assistant Secretary, Land and Minerals Management.
For the reasons set forth in the preamble, we amend 30 CFR part 256
as follows:
PART 256--LEASING OF SULPHUR OR OIL AND GAS IN THE OUTER
CONTINENTAL SHELF
1. The Authority citation for part 256 continues to read as
follows:
Authority: 43 U.S.C. 1331 et seq.
2. Section 256.47(e)(2) is revised to read as follows:
Sec. 256.47 Award of leases.
* * * * *
(e) * * *
(2) The authorized officer must accept or reject the bid within 90
days. The authorized officer may extend the time period for acceptance
or rejection of a bid for 15 working days or longer, if circumstances
warrant. Any bid not accepted within the prescribed time period,
including any extension thereof, is deemed rejected.
* * * * *
[FR Doc. 96-17013 Filed 7-2-96; 8:45 am]
BILLING CODE 4310-MR-M
Complete official Federal Register PDF
FR Doc. 96-16993 Fees for Rice Inspection
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34714-34716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16993]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 868
RIN 0580-AA47
Fees for Rice Inspection
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Grain Inspection Service (FGIS), of the Grain
Inspection, Packers and Stockyards Administration (GIPSA) is increasing
the fees for Federal Rice Inspection Services, as performed under the
Agricultural Marketing Act (AMA) of 1946. This fee increase is intended
to cover, as nearly as practicable, the projected operating costs,
including related supervisory and administrative costs, for Federal
Rice Inspection Services rendered and to generate sufficient revenues
to cover costs and maintain an appropriate operating reserve.
EFFECTIVE DATE: August 2, 1996.
FOR FURTHER INFORMATION CONTACT:
George Wollam, USDA-GIPSA, Room 0623--South Building, 1400 Independence
Avenue, SW, Washington, D.C., 20090-6454, telephone (202) 720-0292.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget. This increase in the service fees is
necessary to recover operating losses in the Federal Rice Inspection
Services. These fees were last increased on January 1, 1995 56 FR
15483), but revenue is still not covering operating costs. The overall
cost of operating the Federal Rice Inspection Service program increased
between fiscal years (FY) 1994 and 1995 by more than 6 percent. In FY
1955, the program generated revenue of $3,982,744 with operating costs
of $4,274,733, resulting in a 1-year operating loss of $291,990.
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have a retroactive
effect. This final rule will not preempt any State or local laws,
regulations, or policies unless they present irreconcilable conflict
with this rule. There are no administrative procedures which must be
exhausted prior to any judicial challenge to provisions of this rule.
Effect on Small Entities
James R. Baker, Administrator, GIPSA, has determined that this
final rule will not have a significant economic impact on a substantial
number of small entities as defined in the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) because most users of the rice inspection
services do not meet the requirements for small entities. In addition,
GIPSA is required by statute to recover the costs of providing rice
inspection services.
Information Collection and Record Keeping Requirements
In compliance with the Paperwork Reduction Act of 1980 (44 U.S.C.
Chapter 35), the information collection and recordkeeping requirements
concerning applications for official inspection services, including
rice inspections, have been approved by the Office of Management and
Budget under control number 0580-0013.
Background
On January 11, 1996, FGIS proposed in the Federal Register (61 FR
1013) to increase fees charged for Federal Rice Inspection Services.
The rice inspection fees were last amended on January 1, 1995 (56 FR
15483). They presently appear in Sec. 868.91 in Tables 1 and 2 of the
regulations (7 CFR 868.91 (Tables 1 and 2)). Since publication of the
proposed rule, FY 96 cost and revenue information has become available
and has been included in the discussion herein.
FGIS continually monitors its cost, revenue, and operating reserve
levels to ensure that there are sufficient resources for operations.
During FYs 1993, 1994, and 1995, respectively, FGIS implemented cost-
saving measures in an effort to provide more cost effective services.
However, while the quantity of rice inspections may fluctuate, certain
FGIS costs remain constant. Consequently, revenues ($3,758,893;
$3,500,597; $3,982,744) did not cover operating costs ($3,847,762;
$4,022,194; and $4,274,733) for FYs 1993, 1994, and 1995, respectively.
This reflects a reduction in operating reserves for all three fiscal
years.
At the time of the publication of the proposed rule, FY 94 offered
the most current 1-year figures available to compare FGIS' rice
inspection operating costs with revenue. The figures for this year were
used to project the budgeted FY 95 rice inspection operating costs and
establish revenue levels necessary to cover projected operating costs.
During the period of October 1, 1994, to July 31, 1995, the actual
operating cost was $3,760,305 and revenue was $3,438,683, resulting in
a reduction in operating reserves of $321,667.
Since the publication of the proposed rule, FY 95 offers the most
current 1-year figures available to compare FGIS' rice inspection
operating costs with revenue. The figures for FY 95 used to project the
budgeted FY 96 rice inspection operating costs and establish revenue
levels necessary to cover those projected costs confirms the trend
toward reducing operating reserves. From October 1, 1994, to September
30, 1995, the actual operating cost was $4,274,733 and revenue was
$3,982,744, resulting in a reduction in operating reserves of $291,990.
The trend, as reflected in FY 94 to FY 95 data, is expected to
continue. This overall trend necessitates an increase in fees and an
increase to the per-hundred-weight volume charge for services performed
at export port locations on lots at rest in order to recover the
projected operating costs and maintain
[[Page 34715]]
a 3-month operating reserve. As of September 30, 1995, the reserve was
at a level of negative $1,089,741.
In fiscal year 1995, FGIS reduced costs to the rice program by
closing and/or reducing field offices to suboffices. Two field offices
were reduced to suboffices and one field office was closed entirely.
The estimated savings from these measures is $220,000 over two years.
FGIS believes that actions taken to this point represent an appropriate
balance between running an efficient operation and providing a high
level of service to our customers. However, we will continue to seek
out further cost savings that do not compromise our service. In
addition, numerous talks were held with rice industry trade groups
outlining FGIS' intention of increasing fees. Industry realized the
need for the increase.
Alternatives Considered
FGIS considered several options to the final fees. It considered:
(1) a straight 14 percent increase in fees and (2) reforming the
current system of fees to gather revenue in a manner less dependent
upon seasonal shifts, and (3) incremental increases of fees. The third
alternative was selected. It was decided to propose three incremental
six percent fee increases, the first increase to be implemented May 1,
1996, second on January 1, 1997, and third on January 1, 1998. This
alternative was selected for several reasons: the negative balance in
retained earnings requires the increases be implemented in a more
timely manner; the trade is familiar with incremental increases and
incremental increases allows the rice industry time to adjust their
operations to the increased fees. We will propose the second option at
a later date when we have had a chance to evaluate the operation of a
current proposal to reform the Grain Inspection and Weighing. That
proposal, under the United States Grain Standards Act will change the
methodology in fee collection from the current system, an hourly rate
basis, to a combination of reduced hourly rates, more contract options,
and per metric ton administrative charge to recover obligations.
Comment Review
FGIS received no comments during the 30-day comment period.
Final Action
Section 203 of the AMA (7 U.S.C. 1622) provides for the
establishment and collection of fees that are reasonable and, as nearly
as practicable, cover the costs of the services rendered. These fees
cover the FGIS administrative and supervisory costs for the performance
of official services, including personnel compensation, personnel
benefits, travel, rent, communications, utilities, contractual
services, supplies, and equipment.
Section 868.91, Tables 1 and 2 (as currently shown in section
868.91, Tables 1 and 2 of the regulations), are revised to provide for
the increase in rice inspection fees. A 3-stage increase plan to raise
hourly rates and unit fees by approximately 6 percent per year for
calendar years 1996, 1997, and 1998 is implemented. These incremental
increases will lessen the impact of the amount of increase required to
replenish retained earnings to appropriate levels.
FGIS will review its costs, revenue, and operating reserve levels
to ensure that the fee increases scheduled for calendar years 1997 and
1998 are required at the levels specified. FGIS, as the fee increases
are implemented, will review the level of the operational reserve and
if available funds exceed what is needed to maintain a reasonable
reserve, we will consider proposing a reduction in fees. In the event
that a change in the fees appears necessary, FGIS will engage in
rulemaking before making any changes.
List of Subjects in 7 CFR Part 868
Administrative practice and procedure, Agricultural commodities.
For reasons set out in the preamble, 7 CFR Part 868 is amended as
follows:
PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN
AGRICULTURAL COMMODITIES
1. The authority citation for Part 868 continues to read as
follows:
Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C.
1621 et. seq.)
2. Section 868.91 is revised to read as follows:
Sec. 868.91 Fees for Certain Federal Rice Inspection Services.
The fees shown in Tables 1 and 2 apply to Federal Rice Inspection
Services.
Table 1.--Hourly Rates/Unit Rate Per CWT
[Fees for Federal Rice Inspection Services]
----------------------------------------------------------------------------------------------------------------
Regular Workday (Monday- Nonregular Workday (Sunday-
Service \1\ Saturday) Holiday)
----------------------------------------------------------------------------------------------------------------
Effective August 2, 1996
Contract (per hour per Service representative). $35.80......................... $49.80
Noncontract (per hour per Service 43.50.......................... 60.50
representative).
Export Port Services \2\....................... .042/CWT....................... .042/CWT
Effective January 1, 1997
Contract (per hour per Service representative). 37.90.......................... 52.80
Noncontract (per hour per Service 46.10.......................... 64.10
representative).
Export Port Services \2\....................... .045/CWT....................... .045/CWT
Effective January 1, 1998
Contract (per hour per Service representative). 40.20.......................... 56.00
Noncontract (per hour per Service 48.90.......................... 67.90
representative).
Export Port Services \2\....................... .048/CWT....................... .048/CWT
----------------------------------------------------------------------------------------------------------------
\1\ Original and appeal inspection services include: Sampling, grading, weighing, and other services requested
by the applicant when performed at the applicant's facility.
\2\ Services performed at export port locations on lots at rest.
[[Page 34716]]
Table 2.--Unit Rates
----------------------------------------------------------------------------------------------------------------
Brown rice
Service \1\ \3\ Rough rice for Milled rice
processing
----------------------------------------------------------------------------------------------------------------
Effective August 2, 1996
Inspection for quality (per lot, sublot, or sample inspection........ $29.20 $25.30 $18.00
Factor analysis for any single factor (per factor):
(a) Milling yield (per sample)................................... 22.70 22.70 ...........
(b) All other factors (per factor)............................... 10.80 10.80 10.80
Total oil and free fatty acid........................................ ........... 35.40 35.40
Interpretive line samples:\2\ ........... ........... ...........
(a) Milling degree (per set)..................................... ........... ........... 75.80
(b) Parboiled light (per sample)................................. ........... ........... 19.00
Extra copies of certificates (per copy).............................. 3.00 3.00 3.00
Effective January 1, 1997
Inspection for quality (per lot, sublot, or sample inspection)....... 31.00 26.80 19.10
Factor analysis for any single factor (per factor):
(a) Milling yield (per sample)................................... 24.10 24.10 ...........
(b) All other factors (per factor)............................... 17.40 11.40 11.40
Total oil and free fatty acid........................................ ........... 37.50 37.50
Interpretive line samples: \2\ ........... ........... ...........
(a) Milling degree (per set)..................................... ........... ........... 80.30
(b) Parboiled light (per sample)................................. ........... ........... 20.10
Extra copies of certificates (per copy).............................. 3.00 3.00 3.00
Effective January 1, 1998
Inspection for quality (per lot, sublot, or sample inspection)....... 32.90 28.40 20.20
Factor analysis for any single factor (per factor):
(a) Milling yield (per sample)................................... 25.50 25.50 ...........
(b) All other factors per factor):............................... 12.10 12.10 12.10
Total oil and free fatty acid........................................ ........... 39.80 39.80
Interpretive line samples: \2\
(a) Milling degree (per set)..................................... ........... ........... 85.10
(b) Parboiled light (per sample)................................. ........... ........... 21.30
Extra copies of certificates (per copy).............................. 3.00 3.00 3.00
----------------------------------------------------------------------------------------------------------------
\1\ Fees apply to determinations (original or appeals) for kind, class, grade, factor analysis, equal to type,
milling yield, or any other quality designation as defined in the U.S. Standards for Rice or applicable
instructions, whether performed singly or in combination at other than at the applicant's facility.
\2\ Interpretive line samples may be purchased from the U.S. Department of Agriculture, Grain Inspection,
Packers and Stockyards Administration; Technical Services Division; Board of Appeals and Review; FGIS
Technical Center, 10383 North Executive Hills Boulevard, Kansas City, MO 64153-1394. Interpretive line samples
also are available for examination at selected FGIS field offices. A list of field offices may be obtained
from the Deputy Director, Field Management Division, USDA, GIPSA, FGIS, P.O. Box 96454, Washington, DC 20090-
6454. The interpretive line samples illustrate the lower limit for milling degrees only and the color limit
for the factor ``Parboiled Light'' rice.
\3\ Fees for other services not referenced in Table 2 will be based on the noncontract hourly rate listed in
Section 868.90, Table 1.
Dated: June 27, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-16993 Filed 7-2-96; 8:45 am]
BILLING CODE 3410-EN-M
Complete official Federal Register PDF
FR Doc. 96-16977 Antibiotic Drugs; Clarithromycin Granules for Oral Suspension
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34726-34727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16977]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 452
[Docket No. 96N-0117]
Antibiotic Drugs; Clarithromycin Granules for Oral Suspension
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the
antibiotic drug regulations to include accepted standards for
clarithromycin for its use in a new dosage form of clarithromycin,
clarithromycin granules for oral suspension. The manufacturer has
supplied sufficient data and information to establish its safety and
efficacy.
DATES: Effective August 2, 1996; comments, notice of participation, and
a request for hearing by August 2, 1996; data, information, and
analyses to justify a hearing by September 3, 1996.
ADDRESSES: Submit written comments to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23,
Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: James M. Timper, Center for Drug
Evaluation and Research (HFD-520), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857, 301-827-2193.
SUPPLEMENTARY INFORMATION: FDA has evaluated data submitted in
accordance with regulations issued under section 507 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 357), as amended, with respect
to a request for approval of a new dosage form of clarithromycin,
clarithromycin granules for oral suspension. The agency has concluded
that the data supplied by the manufacturer concerning this antibiotic
dosage form are adequate to establish the safety and efficacy when used
as directed in the labeling and that the regulations should be amended
in part 452 (21 CFR part 452) to include accepted standards for this
product.
Environmental Impact
The agency has determined under 21 CFR 25.24(c)(6) that this action
is of a type that does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.
Submitting Comments and Filing Objections
This final rule announces standards that FDA has accepted in a
request for approval of an antibiotic drug. Because this final rule is
not controversial and because, when effective, it provides notice of
accepted standards, FDA finds that notice and comment procedure is
unnecessary and not in the public interest. This final rule, therefore,
is effective August 2, 1996. However, interested persons may, on or
before August 2, 1996, submit comments to the Dockets Management Branch
(address above). Two copies of any comments are to be submitted, except
that individuals may submit one copy. Comments are to be identified
with the docket number found in brackets in the heading of this
document. Received comments may be seen in the Dockets Management
Branch between 9 a.m. and 4 p.m., Monday through Friday.
Any person who will be adversely affected by this final rule may
file objections to it and request a hearing. Reasonable grounds for the
hearing must be shown. Any person who decides to seek a hearing must
file (1) on or before August 2, 1996, a written notice of participation
and request for a hearing, and (2) on or before September 3, 1996, the
data, information, and analyses on which the person relies to justify a
hearing, as specified in 21 CFR 314.300. A request for a hearing may
not rest upon mere allegations or denials, but must set forth specific
facts showing that there is a genuine and substantial issue of fact
that requires a hearing. If it conclusively appears from the face of
the data, information, and factual analyses in the request for a
hearing that no genuine and substantial issue of fact precludes the
action taken by this order, or if a request for hearing is not made in
the required format or with the required analyses, the Commissioner of
Food and Drugs will enter summary judgment against the person(s) who
request(s) the hearing, making findings and conclusions and denying a
hearing. All submissions must be filed in three copies, identified with
the docket number appearing in the heading of this order and filed with
the Dockets Management Branch.
The procedures and requirements governing this order, a notice of
participation and request for a hearing, a submission of data,
information, and analyses to justify a hearing, other comments, and
grant or denial of a hearing are contained in 21 CFR 314.300.
All submissions under this order, except for data and information
prohibited from public disclosure under 21 U.S.C. 331(j) or 18 U.S.C.
1905, may be seen in the Dockets Management Branch (address above)
between 9 a.m. and 4 p.m., Monday through Friday.
List of Subjects in 21 CFR Part 452
Antibiotics.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR part
452 is amended as follows:
PART 452--MACROLIDE ANTIBIOTIC DRUGS
1. The authority citation for 21 CFR part 452 continues to read as
follows:
Authority: Sec. 507 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 357).
Sec. 452.150a [Redesignated from Sec. 452.150]
2. Section 452.150 is redesignated as Sec. 452.150a and new
Secs. 452.150 and 452.150b are added to subpart B to read as follows:
Sec. 452.150 Clarithromycin oral dosage forms.
Sec. 452.150b Clarithromycin granules for oral suspension.-
(a) Requirements for certification--(1) Standards of identity,
strength, quality, and purity. Clarithromycin granules for oral
suspension is a dry mixture containing clarithromycin-coated particles,
suitable and harmless dispersing agents, diluents, preservatives, and
flavorings. It contains the equivalent of 25 or 50 milligrams of
clarithromycin activity per milliliter of the reconstituted suspension.
Its potency is satisfactory if it is not less than 90 percent and not
more than 115 percent of the number of milligrams of clarithromycin
that it is represented to contain. Its loss on drying is not more than
2.0 percent. When constituted as directed in the labeling, its pH is
not less than 4.0 nor more than 5.4. The
[[Page 34727]]
clarithromycin used conforms to the standards prescribed by
Sec. 452.50(a)(1).
(2) Labeling. It shall be labeled in accordance with the
requirements of Sec. 432.5 of this chapter.
(3) Requests for certification; samples. In addition to complying
with the requirements of Sec. 431.1 of this chapter, each such request
shall contain:
(i) Results of tests and assays on:
(A) The clarithromycin used in making the batch for potency,
moisture, pH, residue on ignition, heavy metals, specific rotation,
identity, and crystallinity.
(B) The batch for content, loss on drying, pH, and identity.
(ii) Samples, if required by the Director, Center for Drug
Evaluation and Research:
(A) The clarithromycin used in making the batch: 10 packages, each
containing approximately 500 milligrams.
(B) The batch: A minimum of six immediate containers.
(b) Tests and methods of assay--(1) Clarithromycin content.
Proceed as directed in Sec. 452.50(b)(1), except use a known injection
volume between 10 and 60 microliters. Also, prepare the mobile phase,
working standard solution, and sample solution, and use system
suitability requirements and calculation as follows:
(i) Mobile phase. Add 600 milliliters of methanol and 400
milliliters of 0.067M potassium phosphate, monobasic, to a suitable
container, mix well, and adjust the pH to 3.5 with phosphoric acid.
Filter through a suitable filter capable of removing particulate matter
to 0.5 micron in diameter. Degas the mobile phase just before its
introduction into the chromatographic system.
(ii) Preparation of standard solution. Dissolve an accurately
weighed portion of the clarithromycin working standard in sufficient
methanol to obtain a solution having a known concentration of
approximately 2.1 milligrams per milliliter of clarithromycin.
Quantitatively transfer and dilute an aliquot of this solution with
mobile phase and mix to obtain a solution of known concentration of
approximately 415 micrograms of clarithromycin per milliliter.
(iii) Preparation of sample solution. Constitute as directed in the
labeling. Accurately measure a representative portion of the suspension
that contains about 1 to 2 grams of clarithromycin activity and, using
approximately 330 milliliters of 0.067M potassium phosphate, dibasic,
quantitatively transfer into a 1,000 milliliter volumetric flask
containing approximately 50 milliliters of 0.067M potassium phosphate,
dibasic. Shake for 30 minutes. Dilute to volume with methanol. Mix well
and place in an ultrasonic bath for 30 minutes. Cool to room
temperature and adjust to volume with methanol. Add a magnetic stirring
bar and stir for 60 minutes. Allow excipients to settle and dilute an
appropriate aliquot of the solution with mobile phase to obtain a
solution containing 500 micrograms of clarithromycin activity per
milliliter and mix well. Filter through a suitable filter capable of
removing particulate matter 0.5 micron in diameter.
(iv) System suitability requirements--(A) Tailing factor. The
tailing factor (T) is satisfactory if it is not less than 1.0 and not
greater than 1.7 for the clarithromycin peak.
(B) Efficiency of the column. The efficiency (n) is satisfactory if
it is greater than 2,100 theoretical plates for the clarithromycin
peak.
(C) Capacity factor. The capacity factor (k') is satisfactory if it
is between 2.5 and 6 for the clarithromycin peak.
(D) Coefficient of variation (relative standard deviation). The
coefficient of variation (SR in percent of three replicate
injections) is satisfactory if it is not more than 2.0 percent.
(v) Calculations. Calculate the clarithromycin content as follows:
Milligrams of AU X PS X D
clarithromycin per = ------------------------------------
milliliter AS X V
where:
AU = Area of the clarithromycin peak in the chromatogram of the
sample;
AS = Area of the clarithromycin peak in the chromatogram of the
clarithromycin working standard;
PS = Clarithromycin activity in the clarithromycin working
standard solution in micrograms per milliliter;
D = Dilution factor of the sample test solution; and
V = Volume, in milliliters, of the portion of suspension taken.
(2) Loss on drying. Proceed as directed in Sec. 436.200(a) of this
chapter, using a sample weight of approximately 1 gram, weighing in a
normal laboratory atmosphere.
(3) pH. Proceed as directed in Sec. 436.202 of this chapter, using
the suspension prepared as directed in the labeling. Stir the
suspension for 10 minutes with the electrode immersed and record the
pH.
(4) Identity. Using the high-performance liquid chromatographic
procedure described in paragraph (b)(1) of this section, the retention
times for the clarithromycin peak must be within 2 percent of the
retention time for the peak of the reference standard.
Dated: June 20, 1996.
Janet Woodcock,
Director, Center for Drug Evaluation and Research.
[FR Doc. 96-16977 Filed 7-2-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-16959 Special Conditions: Cessna Model 500, 550, and S550 Airplanes; High-Intensity Radiated Fields
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34716-34718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16959]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM-127; Special Conditions No. 25-ANM-117]
Special Conditions: Cessna Model 500, 550, and S550 Airplanes;
High-Intensity Radiated Fields
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Cessna Model 500,
550, and S550 airplanes. These airplanes, as modified by Columbia
Avionics, Inc., utilize new avionics/electronic systems, such as an
electronic flight information system (EFIS), which perform critical
functions. The applicable regulations do not contain adequate or
appropriate safety standards for the protection of these systems from
the effects of high-intensity radiated fields (HIRF). These special
conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.
DATES: The effective date of these special conditions is June 20, 1996.
Comments must be received on or before August 2, 1996.
ADDRESSES: Comments on these special conditions may be mailed in
duplicate to: Federal Aviation Administration, Office of the Assistant
Chief Counsel, Attn: Rules Docket (ANM-7), Docket No. NM-127, 1601 Lind
Avenue SW., Renton, Washington, 98055-4056; or delivered in duplicate
to the Office of the Assistant Chief Counsel at the above address.
Comments must be marked: Docket No. NM-127. Comments may be inspected
in the Rules Docket weekdays, except Federal holidays, between 7:30
a.m. and 4:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Mark Quam, FAA, Standardization Branch, ANM-113, Transport Airplane
Directorate, Aircraft Certification Service, 1601 Lind Avenue SW.,
Renton, Washington, 98055-4056; telephone (206) 227-2145; facsimile
(206) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA has determined that good cause exists for making these
special conditions effective upon issuance; however, interested persons
are invited to submit such written data, views, or arguments as they
may desire. Communications should identify the
[[Page 34717]]
regulatory docket and special condition number and be submitted in
duplicate to the address specified above. All communications received
on or before the closing date for comments will be considered by the
Administrator. These special conditions may be changed in light of the
comments received. All comments submitted will be available in the
Rules Docket for examination by interested persons, both before and
after the closing date for comments. A report summarizing each
substantive public contact with FAA personnel concerning this
rulemaking will be filed in the docket. Persons wishing the FAA to
acknowledge receipt of their comments submitted in response to this
request must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to Docket
No. NM-127.'' The postcard will be date stamped and returned to the
commenter.
Background
On April 8, 1996, Columbia Avionics, 11200 Airport Road, Columbia,
MO 65201, applied for a Supplemental Type Certificate (STC) to modify
Cessna 500, 550, and S550 airplanes to incorporate the installation of
an electronic flight instrument system (EFIS). The airplanes are
pressurized, executive transport airplanes powered by two fuselage-
mounted turbofan engines.
Supplemental Type Certification Basis
Under the provisions of Sec. 21.101 of 14 CFR part 21, Columbia
Avionics must show that the modified Cessna 500, 550, and S550
airplanes continue to meet the applicable provisions of the regulations
incorporated by reference in Type Certificate A22CE, or the applicable
regulations in effect on the date of application for the change. The
regulations incorporated by reference in the type certificate are
commonly referred to as the ``original type certification basis.'' The
regulations incorporated by reference in TC A22CE include the following
for the Cessna 500, 550 and S550 series: 14 CFR part 25, dated February
1, 1965, as amended by Amendments 25-1 through 25-17, and Secs. 25.934
and 25.1091(d)(2), as amended through Amendment 25-23. In addition,
under Sec. 21.101(b)(1), the following regulations apply to the EFIS
installation: Secs. 25.1303, 25.1305, and 25.1322, as amended by
Amendment 25-38; Secs. 25.1309, 25.1321 (a), (b), (d), and (e),
25.1331, 25.1333, and 25.1335, as amended by Amendment 25-41; and
Sec. 25.1316, as amended by Amendment 25-80. These special conditions
form an additional part of the type certification basis.
If the Administrator finds that the applicable airworthiness
regulations (i.e., part 25, as amended) do not contain adequate or
appropriate safety standards for the Cessna Model 500, 550, and S550
series airplanes because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec. 21.16 to
establish a level of safety equivalent to that established in the
regulations.
Special conditions, as appropriate, are issued in accordance with
14 CFR Sec. 11.49 after public notice, as required by Secs. 11.28 and
11.29(b), and become part of the type certification basis in accordance
with Sec. 21.101(b)(2).
Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
the special conditions would also apply to the other model under the
provisions of Sec. 21.101(a)(1).
Novel or Unusual Design Features
The Cessna Model 500, 550, and S550 airplanes incorporate new
avionics/electronic systems, such as the electronic flight instrument
system (EFIS), that perform critical functions. These systems may be
vulnerable to high-intensity radiated fields (HIRF) external to the
airplane.
Discussion
There is no specific regulation that addresses protection
requirements for electrical and electronic systems from HIRF. Increased
power levels from ground-based radio transmitters and the growing use
of sensitive electrical and electronic systems to command and control
airplanes have made it necessary to provide adequate protection.
To ensure that a level of safety is achieved equivalent to that
intended by the regulations incorporated by reference, a special
condition is needed for the Cessna Model 500, 550, and S550, as
modified by Columbia Avionics, which requires that new electrical and
electronic systems, such as the EFIS, that perform critical functions
be designed and installed to preclude component damage and interruption
of function due to both the direct and indirect effects of HIRF.
High-Intensity Radiated Fields (HIRF)
With the trend toward increased power levels from ground-based
transmitters, plus the advent of space and satellite communications,
coupled with electronic command and control of the airplane, the
immunity of critical digital avionics systems, such as the EFIS, to
HIRF must be established.
It is not possible to precisely define the HIRF to which the
airplane will be exposed in service. There is also uncertainty
concerning the effectiveness of airframe shielding for HIRF.
Furthermore, coupling of electromagnetic energy to cockpit-installed
equipment through the cockpit window apertures is undefined. Based on
surveys and analysis of existing HIRF emitters, an adequate level of
protection exists when compliance with the HIRF protection special
condition is shown with either paragraphs 1 OR 2 below:
1. A minimum threat of 100 volts per meter peak electric field
strength from 10 KHz to 18 GHz.
a. The threat must be applied to the system elements and their
associated wiring harnesses without the benefit of airframe shielding.
b. Demonstration of this level of protection is established through
system tests and analysis.
2. A threat external to the airframe of the following field
strengths for the frequency ranges indicated.
------------------------------------------------------------------------
Peak (V/ Average
Frequency M) (V/M)
------------------------------------------------------------------------
10 KHz-100 KHz....................................... 50 50
100 KHz-500 KHz..................................... 60 60
500 KHz-2 MHz....................................... 70 70
2 MHz-30 MHz......................................... 200 200
30 MHz-100 MHz....................................... 30 30
100 MHz-200 MHz...................................... 150 33
200 MHz-400 MHz...................................... 70 70
400 MHz-700 MHz...................................... 4,020 935
700 MHz-1 GHz........................................ 1,700 170
1 GHz-2 GHz.......................................... 5,000 990
2 GHz-4 GHz.......................................... 6,680 840
4 GHz-6 GHz.......................................... 6,850 310
6 GHz-8 GHz.......................................... 3,600 670
8 GHz-12 GHz......................................... 3,500 1,270
12 GHz-18 GHz........................................ 3,500 360
18 GHz-40 GHz........................................ 2,100 750
------------------------------------------------------------------------
As discussed above, these special conditions are applicable to the
Cessna Model 500, 550, and S550 airplanes, as modified by Columbia
Avionics, Inc. Should Columbia Avionics apply at a later date for a
supplemental type certificate to modify any other model included on
Type Certificate No. A22CE to incorporate the same novel or unusual
design feature, this special condition would apply to that model as
well, under the provisions of Sec. 21.101(a)(1).
Conclusion
This action affects only certain design features on the Cessna
Model 500, 550, and S550 airplanes. It is not a rule of general
applicability and affects only the applicant who applied to the FAA
[[Page 34718]]
for approval of these features on the airplane.
The substance of the special conditions for this airplane has been
subject to the notice and comment procedure in several prior instances
and has been derived without substantive change from those previously
issued. It is unlikely that prior public comment would result in a
significant change from the substance contained herein. For this
reason, and because a delay would significantly affect the
certification of the airplane, which is imminent, the FAA has
determined that prior public notice and comment are unnecessary and
impracticable, and good cause exists for adopting these special
conditions immediately. Therefore, these special conditions are being
made effective upon issuance. The FAA is requesting comments to allow
interested persons to submit views that may not have been submitted in
response to the prior opportunities for comment described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for this special condition is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Cessna Model 500, 550, and S550
airplanes, as modified by Columbia Avionics, Inc.
1. Protection from Unwanted Effects of High-Intensity Radiated
Fields (HIRF). Each electrical and electronic system that performs
critical functions must be designed and installed to ensure that the
operation and operational capability of these systems to perform
critical functions are not adversely affected when the airplane is
exposed to high-intensity radiated fields.
2. For the purpose of this special condition, the following
definition applies: Critical Functions. Functions whose failure would
contribute to or cause a failure condition that would prevent the
continued safe flight and landing of the airplane.
Issued in Renton, Washington, in June 20, 1996.
Gary L. Killion,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service, ANM-100.
[FR Doc. 96-16959 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-16957 Radio Broadcasting Services; Chester and Richmond, VA
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Page 34744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16957]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 96-29; RM-8731]
Radio Broadcasting Services; Chester and Richmond, VA
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Hoffman Communications,
Inc., substitutes Channel 266A for Channel 289A for Station WDYL(FM) at
Chester, Virginia; and substitutes Channel 289A for Channel 266A for
Station WSMJ(FM) at Richmond, Virginia; and modifies the authorizations
of Station WDYL(FM) and WSMJ(FM), respectively. Channel 266A can be
allotted to Chester and Channel 289A can be allotted to Richmond in
compliance with the Commission's minimum distance separation
requirements and can be used at the transmitter sites specified in
Stations WDYL(FM)'s and WSMJ(FM)'s authorizations, respectively. The
coordinates for Channel 266A at Chester, Virginia, are 37-22-58 and 77-
25-41. The coordinates for Channel 289A at Richmond, Virginia, are 37-
30-52 and 77-30-28. With this action, this proceeding is terminated.
EFFECTIVE DATE: August 12, 1996.
FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No.96-29, adopted June 21, 1996, and
released June 28, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100 M Street,
NW., Suite 140, Washington, DC 20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154,
as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under Virginia, is
amended by removing Channel 289A and adding Channel 266A at Chester;
and by removing Channel 266A and adding Channel 289A at Richmond.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-16957 Filed 7-2-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-16956 Radio Broadcasting Services; Edenton, Columbia and Pine Knoll Shores, NC
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Page 34744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16956]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 95-46; RM-8594]
Radio Broadcasting Services; Edenton, Columbia and Pine Knoll
Shores, NC
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Lawrence F. and Margaret A.
Loesch, substitutes Channel 273C1 for Channel 273C2 at Edenton, NC,
reallots Channel 273C1 from Edenton to Columbia, NC, and modifies the
license of Station WERX-FM to specify operation on the higher class
channel and Columbia as its community of license. See 60 FR 19878,
April 21, 1995. The proposal to substitute Channel 290A for vacant but
applied-for Channel 272A at Pine Knoll Shores, NC, is moot since the
Commission deleted the channel, without replacement, and dismissed the
sole application for the channel. See 10 FCC Rcd 13159 (1995). Channel
273C1 can be allotted to Columbia in compliance with the Commission's
minimum distance separation requirements with a site restriction of
24.7 kilometers (15.3 miles) south-southeast, at coordinates 35-42-48
NL; 76-08-34 WL, to avoid short-spacings to Stations WOLC, Channel
273B, Princess, MD, and WHLQ, Channel 273A, Louisburg, NC. With this
action, this proceeding is terminated.
EFFECTIVE DATE: August 12, 1996.
FOR FURTHER INFORMATION CONTACT: Leslie K. Shapiro, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 95-46, adopted June 21, 1996, and
released June 28, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW. Washington, DC.
The complete text of this decision may also be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154,
as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under North
Carolina, is amended by removing Channel 273C2 at Edenton and adding
Channel 273C1 at Columbia.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-16956 Filed 7-2-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-16955 Radio Broadcasting Services; Forest Acres, SC
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34743-34744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16955]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 96-25; RM-8752]
Radio Broadcasting Services; Forest Acres, SC
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Kuhel Communications, allots
Channel 232A at Forest Acres, South Carolina, as the community's first
local aural transmission service. See 61 FR 9411, March 8, 1996.
Channel 232A can be allotted to Forest Acres in compliance with the
Commission's minimum distance separation requirements without the
imposition of a site restriction. The coordinates for Channel 232A at
Forest Acres are North Latitude 34-01-09 and West Longitude 80-59-24.
With this action, this proceeding is terminated.
DATES: Effective August 12 1996. The window period for filing
applications will open on August 12, 1996 and close on September 12,
1996.
FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 96-25, adopted June 21, 1996, and
released June 28, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractors, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
[[Page 34744]]
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Sections 303, 48 Stat., as amended, 1082; 47 U.S.C.
154, as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under South
Carolina, is amended by adding Forest Acres, Channel 232A.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-16955 Filed 7-2-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-16954 Radio Broadcasting Services; Pullman, WA
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Page 34743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16954]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 96-27; RM-8750]
Radio Broadcasting Services; Pullman, WA
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Keith E. Lamonica, allots
Channel 249A at Pullman, Washington, as the community's third local
commercial FM transmission service See 61 FR 9410, March 8, 1996.
Channel 249A can be allotted to Pullman in compliance with the
Commission's minimum distance separation requirements with a site
restriction of 8.8 kilometers (5.5 miles) east to avoid a short-spacing
to the construction permit site of Station WLKY(FM), Channel 250C1,
Milton-Freewater, Oregon, and to the licensed site of Station KISC(FM),
Channel 251C, Spokane, Washington. The coordinates for Channel 249A at
Pullman are North Latitude 46-44-37 and West Longitude 117-03-34. Since
Pullman is located within 320 kilometers (200 miles) of the U.S.-
Canadian border, concurrence of the Canadian government has been
obtained. With this action, this proceeding is terminated.
DATES: Effective August 12, 1996. The window period for filing
applications will open on August 12, 1996, and close on September 12,
1996.
FOR FURTHER INFORMATION CONTACT: Sharon P. McDonald, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 95-27, adopted June 21, 1996, and
released June 28, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractors, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Sections 303, 48 Stat., as amended, 1082; 47 U.S.C.
154, as amended.
Sec. 973.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under Washington,
is amended by adding Channel 249A at Pullman.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-16954 Filed 7-2-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-16953 Television Broadcasting Services; Antigo, WI
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34744-34745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16953]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 96-30; RM-8762]
Television Broadcasting Services; Antigo, WI
AGENCY: Federal Communications Commission.
[[Page 34745]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Action in this proceeding allots UHF Television Channel 46 to
Antigo, Wisconsin, in response to a petition filed by Robert J. Cox d/
b/a Native American Television. The coordinates for Channel 46 at
Antigo are 45-08-54 and 89-09-00. Canadian concurrence has been
obtained for this allotment.
EFFECTIVE DATE: August 12, 1996.
FOR FURTHER INFORMATION CONTACT: Kathleen Scheuerle, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, MM Docket No. 96-30, adopted June 21, 1996, and released
June 28, 1996. The full text of this Commission decision is available
for inspection and copying during normal business hours in the
Commission's Reference Center (Room 239), 1919 M Street, NW.,
Washington, DC. The complete text of this decision may also be
purchased from the Commission's copy contractors, International
Transcription Services, Inc., 2100 M Street, NW., Suite 140,
Washington, DC 20037, (202) 857-3800.
List of Subjects in 47 CFR Part 73
Television broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154,
as amended.
Sec. 73.606 [Amended]
2. Section 73.606(b), the Table of TV Allotments under Wisconsin,
is amended by adding Antigo, Channel 46.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-16953 Filed 7-2-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-16942 Pay Under the General Schedule; Termination of Interim Geographic Adjustments
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34713-34714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16942]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules
and Regulations
[[Page 34713]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 530, 531, 534, 550, 575, 581, 582, and 630
RIN 3206-AH09
Pay Under the General Schedule; Termination of Interim Geographic
Adjustments
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management is issuing final
regulations to implement the termination of interim geographic
adjustments (IGA's) payable to certain Federal employees. The IGA's
were terminated because the locality-based comparability payments the
President authorized for January 1996 exceeded 8 percent in both of the
two remaining IGA areas (New York-Northern New Jersey-Long Island, NY-
NJ-CT-PA, and Los Angeles-Riverside-Orange County, CA).
EFFECTIVE DATE: August 2, 1996.
FOR FURTHER INFORMATION CONTACT:
Jeanne D. Jacobson, (202) 606-2858 or FAX: (202) 606-0824.
SUPPLEMENTARY INFORMATION: On February 1, 1996, the Office of Personnel
Management (OPM) published interim regulations (61 FR 3539) to
implement the termination of IGA's. IGA's were terminated because the
locality-based comparability payments the President authorized for
January 1996 exceeded 8 percent in both of the two remaining IGA areas
(New York-Northern New Jersey-Long Island, NY-NJ-CT-PA, and Los
Angeles-Riverside-Orange County, CA).
The President's alternative pay plan of August 31, 1995, provided
an 8.05-percent comparability payment for the New York-Northern New
Jersey-Long Island, NY-NJ-CT-PA, locality pay area and an 8.15-percent
comparability payment for the Los Angeles-Riverside-Orange County, CA,
locality pay area for 1996. Since the comparability payments exceeded
the 8-percent IGA previously established for these areas, the
President's Executive Order 12984 of December 28, 1995, included no IGA
pay schedules. This had the effect of terminating the IGA's for the New
York and Los Angeles IGA areas. (Executive Order 12944 of December 29,
1994, previously terminated IGA's for the San Francisco-Oakland-San
Jose, CA IGA area because the comparability payment for that area
exceeded 8 percent in January 1995.)
As a result of the termination of IGA's, the interim rule removed 5
CFR part 531, subpart A, ``Interim Geographic Adjustments.'' However,
because some employees in the former IGA areas will continue to receive
``continued rates of pay'' (a form of saved pay established in January
1994 for employees who previously received an IGA on top of a worldwide
or nationwide special rate), the provisions previously found in subpart
A concerning the administration of continued rates of pay were retained
in a new subpart G of part 531. The interim regulations also made
conforming changes in other parts of the regulations to reflect the
termination of IGA's.
The 60-day comment period for the interim regulations ended on
April 1, 1996. OPM received comments by telephone from one agency
asking for clarification of 5 CFR 531.703(i). Section 531.703(i)
provides that an employee's entitlement to a continued rate of pay is
not affected by a temporary promotion or temporary reassignment. The
agency felt this provision could be interpreted incorrectly to provide
entitlement to continued pay during temporary promotions or
reassignments when such assignments involve one of the actions that
ordinarily terminate continued pay, such as when an employee's official
duty station is no longer located in one of the IGA areas. OPM agrees.
We have revised 5 CFR 531.703(i) in the final regulations to
provide that an employee's entitlement to a continued rate of pay is
not affected by a temporary promotion or temporary reassignment, unless
such assignments cause one of the conditions in 5 CFR 531.703(g) to be
satisfied. In such situations, the continued rate is suspended during
the temporary promotion or reassignment. The employee's entitlement to
the continued rate resumes as if never interrupted upon return to his
or her permanent position, as long as the employee is otherwise
eligible to receive that rate. A continued rate that is resumed must
include any pay adjustments authorized for the permanent position
during the period of the temporary promotion or reassignment, as
provided in 5 CFR 531.703(e).
This revision is the only change being made in the interim
regulations. All other provisions of the interim regulations are
adopted as final.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will apply only to Federal agencies and employees.
List of Subjects in 5 CFR Parts 530, 531, 534, 550, 575, 581, 582,
and 630
Administrative practice and procedure, Alimony, Child support,
Claims, Government employees, Hospitals, Law enforcement officers,
Reporting and recordkeeping requirements, Students, and Wages.
Office of Personnel Management.
James B. King,
Director.
Accordingly, the interim rule amending parts 530, 531, 534, 550,
575, 581, 582, and 630 of title 5, Code of Federal Regulations, which
was published at 61 FR 3539 on February 1, 1996, is adopted as final
with the following change:
PART 531--PAY UNDER THE GENERAL SCHEDULE
1. The authority citation for part 531 continues to read as
follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-
89, 107 Stat. 981 and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p.
316;
Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), and
7701(b)(2);
Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553;
sections 302 and 404 of FEPCA, Pub. L. 101-509, 104 Stat. 1462 and
1466; and section 3(7) of Pub. L. 102-378, 106 Stat. 1356;
Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2);
Subpart E also issued under 5 U.S.C. 5336;
[[Page 34714]]
Subpart F also issued under 5 U.S.C. 5304, 5305(g)(1), and 5553;
and E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682;
Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553;
section 302 of the Federal Employees Pay Comparability Act of 1990
(FEPCA), Pub. L. 101-509, 104 Stat. 1462; and E.O. 12786, 56 FR
67453, 3 CFR, 1991 Comp., p. 376.
Subpart G--Continued Rates of Pay
2. In Sec. 531.703, paragraph (i) is revised to read as follows:
Sec. 531.703 Administration of continued rates of pay.
* * * * *
(i) An employee's entitlement to a continued rate of pay is not
affected by a temporary promotion or temporary reassignment, except
that a continued rate shall be suspended when a temporary promotion or
reassignment causes one of the conditions in paragraph (g) of this
section to be satisfied. In such situations, an employee's entitlement
to continued pay will resume as if never interrupted upon return to the
permanent position, subject to the requirements of this subpart. A
continued rate that is resumed shall include any pay adjustments that
were authorized for the permanent position under paragraph (e) of this
section during the period of the temporary promotion or reassignment.
[FR Doc. 96-16942 Filed 7-2-96; 8:45 am]
BILLING CODE 6325-01-M
Complete official Federal Register PDF
FR Doc. 96-16935 Organization and Delegation of Powers and Duties; Delegation to the Commandant, United States Coast Guard
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34745-34746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16935]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[OST Docket No. 1; Amdt. 1-277]
Organization and Delegation of Powers and Duties; Delegation to
the Commandant, United States Coast Guard
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Transportation has delegated to the
Commandant, United States Coast Guard, the authority contained in 14
U.S.C. 326 to remove an officer from active duty, and the authority in
14 U.S.C. 256(b), to establish the promotion zone for rear admiral
(lower half). The Code of Federal Regulations does not reflect these
delegations; therefore, a change is necessary.
EFFECTIVE DATE: July 3, 1996.
FOR FURTHER INFORMATION CONTACT:
LCDR Michael Lehocky, Human Resources Directorate, (202) 267-1664, U.S.
Coast Guard, 2100 Second Street, SW., Washington, DC 20593; LCDR
Vincent DeLaurentis, Coast Guard Personnel Command, (202) 267-2883,
U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 20593; or
Ronald Gordon, Executive Secretariat, (202) 366-9761, Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Section 256(b) of Title 14, U.S. Code
contains the Secretary's authority to establish the promotion zone for
rear admirals. On September 16, 1986, then Secretary Elizabeth Dole
delegated to the Commandant, United States Coast Guard, the Secretary's
authority under 14 U.S.C. 256(b) to establish the promotion zone for
rear admiral (lower half) provided that all captains eligible for
consideration under the provisions of section 257(a)(5), Title 14, U.S.
Code are placed in the zone. The necessary changes to the Code of
Federal Regulations were never completed, however, and the current CFR
sections relating to delegations still show this authority reserved to
the Secretary of Transportation. (See 49 CFR 1.44(m)(3)).
Title 14, U.S. Code, sections 321, 322, and 323 provide a three-
board (Determination Board, Board of Inquiry, and Board of Review)
process to consider the record of a Coast Guard officer whose
performance is substandard or whose record shows moral or professional
dereliction. If the third board, the Board of Review, recommends
separation of the officer, 14 U.S.C. 326 requires that recommendation
to be forwarded to the Secretary for final action. On January 6, 1987,
then Secretary Elizabeth Dole delegated the Secretary's authority under
14 U.S.C. 326 to the Commandant of the Coast Guard. The necessary
changes to the Code of Federal Regulations were never completed,
however, and the current CFR sections relating to delegations still
show this authority reserved to the Secretary of Transportation. (See
49 CFR 1.44(m)(4)).
This rule removes the reservations of authority in section 1.44 and
adds specific delegations of authority to 49 CFR 1.46, thus amending
the codification to correctly reflect secretarial delegations of
authority to the Commandant of the Coast Guard.
Since this amendment relates to departmental management,
organization, procedure, and practice, notice and comment on it are
unnecessary and it may be made effective in fewer than 30 days after
publication in the Federal Register. Therefore, this final rule is
effective upon publication in the Federal Register.
List of Subjects in 49 CFR Part 1
Authority delegations (Government agencies), Organization and
functions (Government agencies).
In consideration of the foregoing, Part 1 of Title 49, Code of
Federal Regulations, is amended to read as follows:
PART 1--[AMENDED]
1. The authority citation for Part 1 continues to read as follows:
Authority: 49 U.S.C. 322; Pub.L. 101-552, 28 U.S.C. 2672, 31
U.S.C. 3711(a)(2).
Sec. 1.44 [Amended]
2. Sections 1.44(m)(3) and 1.44(m)(4) are removed and reserved.
Sec. 1.46 [Amended]
3. Section 1.46 is amended by adding new paragraphs (aaa) and (bbb)
to read as follows:
Sec. 1.46 Delegations to Commandant of the Coast Guard.
* * * * *
(aaa) Establish the promotion zone for rear admiral (lower half),
provided all captains eligible for consideration under the provisions
of section 257(a)(5), Title 14, U.S. Code, are placed in the zone.
(bbb) Remove an officer from active duty under section 326, Title
14, U.S. Code.
[[Page 34746]]
Issued at Washington, DC, this 21st day of June 1996.
Federico F. Pena,
Secretary of Transportation.
[FR Doc. 96-16935 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-62-M
Complete official Federal Register PDF
FR Doc. 96-16892 Navigation Safety Equipment for Towing Vessels
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 35064-35076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16892]
[[Page 35063]]
_______________________________________________________________________
Part VIII
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
33 CFR Part 164
Navigation Safety Equipment for Towing Vessels; Final Rule
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules
and Regulations
[[Page 35064]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 164
[CGD 94-020]
RIN 2115-AE91
Navigation Safety Equipment for Towing Vessels
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard here requires that towing vessels carry and
properly use equipment such as radars, compasses, marine charts or
maps, and publications and that they carefully choose, inspect, and
maintain towlines. This final rule is necessary as part of a
comprehensive initiative to improve navigational safety for towing
vessels. The purpose of requiring navigational-safety equipment on
towing vessels is to help prevent another catastrophic train wreck such
as that of the Sunset Limited in Alabama during September, 1993, and
another spill such as that off Puerto Rico during January, 1994.
DATES: This rule is effective on August 2, 1996. The Director of the
Federal Register approves as of August 2, 1996 the incorporation by
reference of certain publications listed in this rule.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001,
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: Mr. Edward LaRue, Navigation Rules
Division (G-MOV-3), (202) 267-0416, or LCDR Suzanne Englebert, Project
Development Division (G-MSR-2), Office of Marine Safety and
Environmental Protection, (202) 267-6490.
SUPPLEMENTARY INFORMATION:
Regulatory History
Soon after the fatal accident on September 22, 1993, near Mobile,
Alabama, in which a barge collided with a railroad bridge and caused
the Sunset Limited to plunge into a bayou, the Secretary of
Transportation directed that the Coast Guard and the Federal Railroad
Administration review the circumstances of the accident and undertake
initiatives to minimize the risk of any similar tragedy in the future.
A detailed review of marine-safety issues related to uninspected towing
vessels appears in the notice of proposed rulemaking (NPRM) entitled
``Navigation Safety Equipment for Towing Vessels'' published on
November 3, 1995 (60 FR 55890).
This final rule constitutes part of a comprehensive initiative by
the Coast Guard to improve navigational safety for towing vessels.
While other regulatory efforts are concentrating on reporting of
casualties, on licensing, and on training on radar, this rule helps
ensure that the mariner piloting a towing vessel has adequate equipment
to safely navigate the waters being transited. It will impose the
following: (1) Requirements for carriage of radars, searchlights,
radios, compasses, swing-meters, echo depth-sounding devices,
electronic position-fixing devices, marine charts or maps, and
publications; (2) requirements for proper use of this navigational
equipment; (3) requirements for maintenance, inspection, and
serviceability of towlines, towing gear, and terminal gear; and (4)
general requirements for navigational safety.
Thirty-seven letters were received in response to the NPRM. The
Coast Guard has considered all of the comments and, in some instances,
revised the proposed rule as appropriate. One comment requested that a
public meeting be held. The Coast Guard determined that a public
meeting was unnecessary for this rulemaking because the comments
received were substantive and represented all aspects of both the
industry and the public. The other comments have been grouped by issue
and are discussed as follows:
Discussion of Comments and Changes
1. General
Seven comments supported and applauded the Coast Guard in its
efforts to improve safety in the towing industry. The Coast Guard
acknowledges and appreciates these comments.
One comment recommended that the Coast Guard verify the
availability of radar standards from the Radio Technical Commission for
Maritime Services (RTCM). The comment claimed either that the standards
are unavailable or that the RTCM is exhibiting an unwillingness to
provide them. The Coast Guard verified that the standards are readily
available from the RTCM.
One comment recommended that the term ``gear'' in Sec. 164.80(a) be
defined because it may be confused with ``terminal gear.'' The Coast
Guard reviewed Sec. 164.80(a) and does not agree that the two terms
will be confused, because ``gear'' as used in paragraph (a) is a
general term for the equipment and systems to be inspected onboard the
vessel and is further qualified in the subordinate, numbered
paragraphs.
One comment stated that the term ``rivers and Western Rivers'' as
used in paragraph 2 of the Discussion of Proposed Rules of the preamble
was confusing. The comment also noted that the proposed rule expanded
the definition of ``Western Rivers'' to include waters not covered for
purposes of the Inland Navigation Rules. The comment recommended that
the definition of ``other designated waterways'' be consistent with
that in 33 CFR 89.25. The Coast Guard agrees and has removed the term
``river'' from the definitions in Sec. 164.70. The Coast Guard has also
expanded the definition of ``Western Rivers'' to include all waters
specified by Secs. 89.25 and 89.27, and has added the words ``and such
other, similar waters as are designated by the COTP.''
Four comments recommended that the definition of river include the
Gulf Intracoastal Waterway (GIWW). By including all waters specified by
Secs. 89.25 and 89.27 in the definition of ``Western Rivers'', the
Coast Guard has included the GIWW. This change should eliminate any
confusion over the applicability of this rule on the GIWW.
One comment commended the Coast Guard for its efforts to exempt
vessels engaged in assistance towing. The Coast Guard acknowledges and
appreciate this comment.
Four comments noted the vast differences between the marine-
assistance industry and the tug and barge industry. They also stated
that few marine-assistance firms' vessels would meet the criteria for
exclusion offered by the Coast Guard. They recommended that the
applicability of this final rule be changed from towing vessels of 8
meters (26.25 feet) or more in length to towing vessels of 12 meters
(39.4 feet) or more in length. The Coast Guard, knowing and
understanding the differences between the marine-assistance and the tug
and barge industries, asked its Towing Safety Advisory Committee (TSAC)
to research the possibility of a regulatory threshold based on a risk
analysis. A risk analysis was done by a TSAC working group; after
reviewing the analysis, which was in turn based on both historical data
and analysis of forces, the Coast Guard agrees with the comments and
has applied this rule only to towing vessels of 12 meters (39.4 feet)
or more in length rather than to those of 8 meters (26.25 feet) or more
in length. This analysis by TSAC is
[[Page 35065]]
available in the docket, as described earlier in this preamble. This
change should exempt the vast majority of vessels engaged in the
marine-assistance industry from the requirements of this rule.
Four comments proposed that Sec. 164.01(b)(2) contain a definition
for a disabled vessel as follows: ``Disabled vessel means a vessel that
is in need of assistance, whether docked, underway, aground, sunk or
abandoned. Disabled vessel does not include a barge or any vessel
[that] is not regularly operated under its own power.'' The comments
assert that, if this definition is accepted, then any comments by
marine-assistance firms become academic since marine-assistance vessels
will no longer as affected by this final rule. This rule, especially
since the Coast Guard has changed the length of affected vessels from 8
to 12 meters, exempts the bulk of vessels engaged in marine
assistance--helping people in disabled vessels on rivers, bays, or
oceans. However, the Coast Guard must be careful not to exempt vessels
that are performing commercial towing, even if the vessels are owned or
operated by marine-assistance firms. The Coast Guard does not accept
the four comments' definition of ``disabled vessel'' and has not
amended the rule in the recommended manner.
Four comments concerned exemptions. Two recommended extending the
proposed exemptions in Sec. 164.01 to small, private work boats or tow
boats involved in limited towing inside a limited geographical area, as
other exemptions extend to work boats operating in fleeting areas and
shipyards. A third recommended that the COTP be able to exempt vessels
under certain traffic conditions and in restricted operating areas. The
fourth recommended that the Coast Guard devise a method for exemption
using speed and draft because of the differences in speeds and drafts
between assistance vessels and tugs and pushboats. Seven comments
recommended adding provision to Sec. 164.01 specifying that the
responsibility for determining applicability of an exemption besides
with the COTP. In addition, they recommended a formal process to
request a waiver. While it would be impossible to cover every possible
exemption scenario, the Coast Guard agrees that an exemption process
should be established and that the final exemption authority should
rest with the COTP. The Coast Guard has amended Sec. 164.01 to specify
the availability of exemptions, the process to request them, and the
final granting authority of the COTP. The COTP will base the decision
for exemption on such things as routes, traffic, and capabilities of
vessels.
One comment raised the issue of moving an exempted vessel from one
fleeting area to another. The comment asked whether permission would be
needed and, if so, how it would be obtained and whether it would have
to be reverified with the new COTP for any different fleeting area.
After review, the Coast Guard does not see the need to grant permission
for an exempted vessel to move from one fleeting area to another if it
is not engaged in towing, but it does see the need to reverify the
exemption if the fleeting area is in a different COTP zone. In any
case, the owner, master, or operator of a towing vessel engaged in
towing from one fleeting area to another would have to request an
exemption in accordance with Sec. 164.01(b)(4) of this final rule.
Three comments recommended that towing vessels covered by this
final rule become inspected vessels. They also recommended that all
towing gear on these vessels be inspected by the Coast Guard or an
approved classification (``class'') society. They recognized the time
and financial constraints of annual boardings and recommended that
towing vessels obtain certificates of inspection from entities such as
approved class societies or from the National Association of Marine
Surveyors. They also recommended that an initial exam occur within 24
months of the effective date of the rule and that the certificate be
renewed every five years thereafter. Inspection of towing vessels has
been studied by the Coast Guard and is outside the scope of this
rulemaking.
One comment recommended that Sec. 164.01 be modified to exempt
vessels used in response-related activities, including training, as
well as vessels of opportunity, such as fishing vessels engaged in
those activities. The comment continued that an exemption should not
apply to those vessels actually engaged in traditional towing
activities but only to those vessels used solely in oil-spill response.
The Coast Guard agrees and has amended Sec. 164.01 so it exempts
vessels used solely for pollution response.
One comment alleged delay in the rulemaking. It held the neglect of
the Coast Guard, as it thought, representative of the discharge of its
responsibilities in support of the Oil Pollution Act of 1990 (OPA 90)
and urged the Coast Guard to quickly institute this final rule. The
Coast Guard notes that this rulemaking allowed for early and meaningful
public participation in its development.
Six comments stated that Coast Guard rules pertaining to towing
vessels, now on the books, already provide navigational safety when
properly enforced and followed. They also stated that more rules do not
guarantee additional safety or prevention of accidents, especially in
instances of major neglect by operators of towing vessels. Until now,
few and minimal rules have applied to towing vessels 12 meters in
length or over. This final rule is based in large measure on the
general industry standard of care and sets a reasonable threshold
consistent with this standard. This rule should raise the performance,
of the few owners and operators who are hazardous, to that standard of
care.
One comment questioned the Coast Guard's ability to enforce its
rules. This final rule requires towboats to carry certain equipment and
gear that usually are permanently installed. The Coast Guard
anticipates that the verification of onboard, operational equipment and
appropriately maintained gear will be achievable.
2. Carriage of navigational equipment
a. Radar
Two comments noted that proposed Sec. 164.01(b)(1) may conflict
with Sec. 165.803(m)(2)(i), which requires radar-equipped fleeting
boats, and with Sec. 165.803(m)(2)(v), which requires continuous radar
surveillance during periods of restricted visibility. The Coast Guard
finds no conflict. A vessel that may not be required, under
Sec. 164.01(b)(1), to carry radar, may nonetheless be required, under
Sec. 165.803(m)(2), to carry radar when engaged in the activities
described there.
Two comments recommended that the Coast Guard establish very
limited local areas where towing would be permitted without radar-
equipped towboats; this should prevent non-radar-equipped fleeting
vessels from traveling large distances. The Coast Guard agrees that
towing without radar should be conducted only within a company's
fleeting area. Any other type of operations should be referred to the
COTP for approval or exemption, if applicable.
Six comments concurred with radar as required equipment, yet
expressed opposition to the development of minimum performance
standards by a third-party technical organization. They recommended
that the Coast Guard develop the standards with assistance of
representatives from towing companies.
[[Page 35066]]
The RTCM, which developed radar standards, consists of members from
industry, government, and manufacturers. The Coast Guard did
participate in the development of the radar standards and maintains
that the standards are reasonable.
One comment concurred with the radar requirement, but raised
concerns about radar's being on harbor boats because of limited space
in the pilot house, excessive vibration, and the constant facing and
unfacing of tows. Harbor operations may qualify for an exemption that
can be granted by the COTP. Masters, owners, and operators may present
their particular operations to the COTP to consider for exemption.
Three comments supported the radar requirement, but recommended
that it be for two marine radars. They also recommended that the grace
period be reduced from 96 to 48 hours before notice to the COTP of the
lack of an operating radar. The Coast Guard disagrees. On smaller
vessels there may not be enough room for two radar consoles and their
antennas. For some operations, it may also be cost-prohibitive. The
Coast Guard has determined that a grace period of 96 hours is generous
while it still secures safety.
One comment recommended that for an owner or operator of an
existing radar some means of determining whether the existing radar
conforms to RTCM standards needs to be developed. No formal certificate
or sticker is affixed to the radar. The comment asked whether the Coast
Guard would develop a list of approved radars, and recommended a list
and some type of labelling requirement. Once the RTCM standards are
referred to in this final rule, manufacturers will market radars that
meet them. Manufacturers' self-certification is presently used
successfully with regard to performance standards adopted by the
International Maritime Organization (IMO). The deferred effective dates
should provide enough time to determine whether an existing radar meets
standards, and the Coast Guard expects lists of standards to be
developed by various interested parties.
Two comments recommended reducing the grace period for having a
radar that meets the display and stabilization requirements. One
recommended from 5 to 3 years; the other recommended from 4 to 2 years.
The Coast Guard has not implemented either of these timelines, because
an accelerated implementation could put too much of an economic burden
on owners or operators with small businesses. In addition, radar
manufacturers need time to gear up to RTCM standards.
b. Searchlight
Three comments supported a requirement for a searchlight. Two
recommended that the language in Sec. 164.72(a)(2) better define the
searchlight's capability. One called for an effective beam of twice the
length of the tow; the other called for an effective beam of three to
four times the length of the tow. The Coast Guard agrees with a better
defined capability for the searchlight and has amended
Sec. 164.72(a)(2) to indicate a capability of illuminating objects at a
distance of at least two times the length of the tow. For vessels
towing astern, this requirement should be met for the length of tow
used during transits on waters subject to Inland Navigation Rules.
c. Radios
Two comments supported a requirement for radios. They also
supported a requirement for either a backup power source for a
permanently installed radio or a separate, portable, battery-powered
VHF-FM marine radio with a capability of 24-hour continuous use. The
Coast Guard notes the support; however, technical requirements such as
those relating to power source are established by the Federal
Communications Commission (FCC).
Three comments observed that in April, 1992, the FCC lifted the
requirement that vessel captains and operators must have Restricted
Radiotelephone operators' permits. The comments questioned whether
Sec. 164.72(a)(3) is incompatible with the FCC ruling. The Coast Guard
verified with the FCC that the lifting of the requirement affected only
noncompulsory vessels (those not required by convention, statute, or
regulation to have ship radio-station licenses). This final rule still
supports the requirement to have Restricted Radiotelephone operators'
permits.
d. Compasses and Swing-meters
Three comments took exception to vessels' not being able to carry a
fluxgate compass in lieu of a magnetic compass. They pointed out that
some tugs cannot use a card-type magnetic compass, because of the
magnetic field in the pilot house due to electric welding. They noted
that a fluxgate compass is approximately 1/20th the cost of a
gyrocompass. They challenged the reasoning of disallowing a fluxgate
compass because it requires an external power source. They stated that
most card-type compasses have light bulbs for night use and that other
navigational equipment, such as Long Range Aid to Navigation (LORAN) or
Global Positioning System (GPS), need external power. The Coast Guard
notes the exception, yet will not allow the substituting of a fluxgate
compass for a magnetic one in this final rule. The fluxgate compass
requires power to operate; a magnetic compass does not, and can be
viewed with a flashlight should the vessel experience a power failure.
One comment wanted to know whether the Coast Guard was going to
adopt ``standards'' for swing-meters. At the present time, the Coast
Guard does not see the need to adopt ``standards'' for swing-meters.
Two comments supported a requirement for a magnetic compass, but
also wanted a requirement for a gyrocompass equipped with an audible
course-change indicator; they also recommended that both requirements
cover towing vessels on Western Rivers as well as on all other waters.
The Coast Guard does not agree with the requirement of a gyrocompass on
all tug boats operating on all navigable waters of the U.S. It has set
a swing-meter or magnetic compass as the minimum because either is
cost-effective for all operators including small companies.
Two comments recommended that towing vessels pushing ahead and
operating on Western Rivers be equipped with an audible swing-meter;
this would be in addition to, not instead of, the magnetic compass
proposed in Sec. 164.72(a)(4)(i). The Coast Guard disagrees with the
recommendation. One or the other should be more than sufficient to aid
the vessel in its operations.
One comment recommended that Sec. 164.72(a)(4) be modified, to
allow a gyroscope. The Coast Guard has not set a gyroscope as an
equivalent to a magnetic compass, because a gyroscope relies on an
outside power source.
One comment opposed the requirement because a compass or swing-
meter would not aid a harbor boat working in a small harbor or a
fleeting area. Note that this final rule lets a vessel owner or
operator seek from the COTP an exemption from this requirement.
e. Echo Depth-Sounding Device
Three comments supported the requirement. Two recommended
compliance within 1 year from the effective date of this final rule;
the other recommended compliance within 2 years. One comment also
recommended the installation of two sounding devices. The Coast Guard
disagrees with bringing
[[Page 35067]]
compliance forward from 5 years to 1 year. It notes that, while taken
individually navigation equipment is relatively inexpensive, taken
cumulatively the costs are not negligible. The 5-year implementation
schedule is intended to lessen the impact of multiple requirements. The
Coast Guard agrees that in some circumstances two sounding devices may
be desirable; in general, however, one should give the operator or
master adequate depth information.
Five comments disagreed with exempting tows on Western Rivers from
having sounding devices; they stated there should be no exemptions. One
of the five also stated that, at a minimum, sounding devices should be
installed on vessels that move environmentally threatening cargoes. The
Coast Guard holds that depth sounders are not so useful in pooled water
as they are in open water where depths vary greatly. On towboats
pushing ahead, they would be located too far aft to provide even a
last-minute warning of shallow water. The Coast Guard has maintained
the exemption as proposed.
One comment disagreed that a sounding device should be placed on
every towing vessel. It recommended that ship-docking tugs operating in
harbors, lakes, rivers, and bays be exempted from the requirement.
Again, the owner or operator of a vessel may seek an exemption from
this requirement.
f. Electronic Position-Fixing Device
No comments concerned the requirement for an electronic position-
fixing device.
g. Marine Charts or Maps
One comment recommended that the words ``reasonably available''
remain in the definition of ``currently corrected.'' This would allow
for a delay in the entry of corrections because of late receipt of
Notices to Mariners (NTMs). The Coast Guard agrees, and the wording
remains.
Three comments recommended that Sec. 164.72(b)(1) require the
carriage of current or currently corrected charts or maps and that, to
this end, the definition for ``currently corrected'' change. The Coast
Guard agrees with the concept of allowing either current editions or
currently corrected editions of charts and maps; however, it has
achieved this end without amending the definition.
Three comments recommended that Sec. 164.72(b)(2) refer to NTMs,
but not to Local Notices to Mariners (LNMs), because of the
impossibility of ensuring delivery of LNMs. The Coast Guard partially
agrees and has cast the final rule to include NTMs published by the
Defense Mapping Agency. LNMs have remained because they are available
for Western Rivers.
One comment recommended that a towing vessel on the Western Rivers
be authorized to carry either a current edition of, or a currently
corrected, river map from the U.S. Army Corps of Engineers (ACOE). It
also recommended creating a new definition for ``currently corrected'',
which would apply to Western Rivers and allow currently corrected
charts to be used up to 5 years after their date of publication. The
Coast Guard agrees and has amended the definition of ``currently
corrected'' to include current editions of ACOE river maps and
currently corrected editions provided it has not been over 5 years
since their publication.
One comment recommended that Sec. 164.72(b)(1)(i) be revised to
reflect that ``All towing vessels, both inland and seagoing, are
required * * *.'' This section already covers ``each towing vessel.''
The only variation allowed is in Sec. 164.72(b)(1)(ii), which
accommodates different routes.
One comment suggested that other sources of charts or maps, such as
chartbooks published by State authorities or commercial publishers, be
approved. The Coast Guard disagrees. Although these charts or maps may
be updated annually, they conform to no hydrographic standard and
therefore are not recognized by the Coast Guard as legal charts. In
addition, these charts are usually advertised as ``not for
navigation.''
Six comments opposed requiring towing vessels to be equipped with
charts or maps that both are published by the National Ocean Service
(NOS), the ACOE, or another authority and are either current editions
or currently corrected charts or maps. They argued that, for lack of
funding to the NOS, U.S. waterways are not regularly charted or mapped
and stated that it is therefore unrealistic to require current editions
or currently corrected charts or maps. They further recommended that
the rule should include British Admiralty Charts as a possible
alternative. NOS procures excellent nautical products, and the Coast
Guard will continue to require their use. However, the Coast Guard also
recognizes that there are charts produced by foreign governments of
U.S. waters, such as British Admiralty charts, that are legally
sufficient and could be acceptable alternatives. The Coast Guard has
amended the rule as proposed to include charts published by a foreign
government that will make safe navigation possible, that are based on
hydrographic standards similar to those used by NOS, and that are
applicable to a vessel's transit.
One comment did not support the requirement of a chart or map and
felt it an excessive burden on those vessels that work in the same
operating area. The Coast Guard does not agree. Vessels are required
only to have charts or maps for their areas of operation, so the number
of charts or maps to maintain should be minimal: the smaller the area,
the fewer the charts or maps. The local information these charts or
maps provide to operate is valuable and should assist them in
verification of their position along their voyages.
h. Publications
One comment noted that proposed Sec. 164.72(b)(3) restated the
requirement of 33 CFR 88.05 that self-propelled vessels of 12 meters or
more must have on board and maintain for ready reference a copy of the
Inland Navigation Rules. It recommended that this section be removed.
The Coast Guard agrees, and it does not appear in this final rule.
Two comments disagreed with the selection of nautical publications
that the proposed rule would have required to be on board. They stated
that some, such as NTMs, were good but did not need to be physically on
board. They also felt that the Coast Pilot was of little use to a
captain in local waters; the captain's ``local knowledge'' was of far
greater value. It is not the intent of the Coast Guard that a vessel
maintain a huge library of nautical publications. Rather, the Coast
Guard is requiring those publications that most prudent mariners would
retain on board their vessels. The final rule also provides that
latitude for an owner or operator to have only those publications or
extracts from publications for the area(s) to be transited. The number
of publications or extracts required to be on board is minimal, and
should not be a burden to the owner or operator; and the publications
or extracts do provide valuable port-specific information.
3. Proper Use of Navigational Equipment
Two comments recommended that the tug and barge industry adopt a
system where three qualified watchstanders or operators are always on
board. Two others also recommended that on all towing vessels,
especially on those on oceangoing and coastwise transits, at least one
crewmember be a licensed engineer. These are manning issues not within
the scope of this rulemaking.
Three comments recommended that the licensing system be
restructured
[[Page 35068]]
similar to that for vessels of unlimited tonnage, so that an individual
would have to serve as a mate before becoming a master on tugs greater
than 8 meters. Two other comments strongly recommended that training
standards be incorporated either into the navigational sections of the
final rule or into a new section in part 164. The Coast Guard has
published an NPRM entitled, ``Licensing and Manning for Officers of
Towing Vessels'' (61 FR 31332, June 19, 1996) and invites comments to
that docket on these issues.
One comment recommended that, when in pilotage waters, all tank
barges that are over a certain minimum (1,000 tons) and are subject to
Federal jurisdiction have to be under the direction and control of a
pilot holding a Federal license or pilotage endorsement for the waters
being traversed. It further recommended that this requirement include
the towing vessels propelling these barges. The placement of pilots in
charge of barges and onboard tugs is another issue of manning not
within the scope of this rulemaking.
4. Maintenance, Inspection, and Serviceability of Towlines and Terminal
Gear
Two comments recommended that the responsibility for towing gear
used in pushing ahead or towing alongside belong to just one party, the
master or the operator. They stated that not making the master or the
operator solely responsible might cause some decision between the owner
and either the master or the operator, or result in no one's being
responsible. The Coast Guard disagrees. As for vessels towing astern,
for vessels towing alongside or pushing ahead the owner is included
with the master or operator so that the responsibility is ``several'':
Rests on each. If the owner and the master or operator are the same,
then the responsibility rests on one individual. If a company owns a
fleet, then it is appropriate that the company have adequate
maintenance policies and appropriately empower the master or operator
to ensure the requirements are met. In this way, all parties have a
share of the responsibility for failing to meet the requirements--one
for liability, either or both of the others for their licenses.
Two comments recommended that every owner of a towing vessel be
required to have a prescribed Preventive Maintenance System (PMS) for
all towing gear; this PMS should include maintenance and inspection
schedules and a supply system that provides spare parts. In this final
rule the Coast Guard has outlined minimum factors for proper
maintenance. The owner should base each vessel's PMS on the owner's
experience and expertise and on the manufacturers' recommendations and
suggestions rather than use one prescribed by the Coast Guard.
Two comments recommended that this final rule direct the carriage
aboard the towing vessel of manufacturers' maintenance requirements and
wear specifications for towlines. The Coast Guard agrees with TSAC that
the requirements and specifications can be located in a company office,
at a repair facility, or on the vessel, and deems it appropriate to
allow this flexibility.
Four comments recommended that the Coast Guard specify sizes for
towing wires. Two recommended that it establish minimum standards to
ensure that the size of the wire, the bollard pull of the tug, and the
maneuverability of the tug and tow are properly matched. Two others
recommended that Sec. 164.74(a)(1) include graphs or tables to assist
the master, owner, or operator in determining minimum breaking strength
of a towline and that these graphs or tables be guidelines, not minimum
standards. The Coast Guard has determined that manufacturers' published
specifications should provide the owner, master, or operator with the
information needed to properly determine a towline's strength and
appropriate use. The towing industry is diverse, operating in many
different environments. By not specifying sizes, the Coast Guard has
provided a flexible format to allow companies to assess their
operations and choose their towlines appropriately.
Two comments recommended that every towing vessel operating on
oceans or coastwise be required to have an emergency tow wire and that
this rule prescribe its maintenance and repair. The Coast Guard
disagrees. 33 CFR part 155 already requires emergency towlines aboard
large oil barges; but duplicate towlines now appear unnecessary aboard
most barges, since the competent repair of most towlines, at sea, is
feasible. By recognizing and dictating the minimum acceptable repair,
Sec. 164.74(a)(2) should avoid incompetent repair such as that which
caused the grounding of the T/B MORRIS J. BERMAN and yet also avoid the
costly alternative of requiring duplicate towlines.
One comment felt that it would be difficult, if not impossible, to
keep records on towlines. Two recommended that the reference to ``shock
loading'' in proposed Sec. 164.74(a)(3)(iv)(C) be eliminated because
the phenomenon is difficult to define or quantify. All three also asked
whether this provision would require a monitor of tow-wire tension with
data-recording capability. The Coast Guard has reviewed the recording
requirements and, with the exception of that on shock loading, finds
them to be reasonable and valuable for the assessment of the towline's
history. It never intended to require monitors of tow-wire tension, and
it has removed the reference to shock loading.
One comment recommended that Sec. 164.74(a)(3)(iv)(G) be revised to
read ``Results of a tensile test taken to confirm the residual strength
of the towline, if necessary.'' The comment noted that tensile testing
is an integral component of towline inspection and maintenance. But an
operator may just as well determine that a towline or segment of
towline must be removed without conducting a tensile test: It should
not be implied that a tensile test must be conducted in every instance.
The Coast Guard concurs and, although it has not adopted the suggested
wording, in this final rule has revised the proposed wording.
Two comments recommended that the Coast Guard clarify the
applicability to terminal gear of Sec. 164.74(b)(4), which would have
required a method for emergency release of towlines. One stated that
the final rule should clarify whether this wording applies to synthetic
towlines or towlines employed without a winch and should also specify
whether the winch-brake requirement of Sec. 164.74(b)(7) will satisfy
the requirement of paragraph (b)(4) for a tugboat outfitted with a tow
winch. The Coast Guard has clarified the release requirement by
removing the term ``emergency.'' This requirement is intended to ensure
some manner of safety disengaging the towline. If a vessel has a winch,
letting the cable run off the drum will be acceptable. If a vessel uses
synthetic line, an axe will be acceptable provided there is a protected
area where the person can stand while releasing the line. The winch-
brake requirement is separate from this releasing requirement: It
ensures that winch speed can be controlled, even if power is lost.
Two comments recommended that the towing-gear standards be more
stringent than proposed. They considered the wording in Sec. 164,74 too
ambiguous, especially the term ``appropriate.'' They recommended that
what is appropriate should be some standard such as the AWO
Responsibile Carrier Program, the U.S. Navy Standards, or some
manufacturers' recommendations. They urged that to be valid the final
rule should incorporate specific standards by reference or spell them
out. The Coast
[[Page 35069]]
Guard has not made this rule more specific than proposed, because it
applies to a diverse industry and because no current standards
adequately address every towing-vessel arrangement. The Coast Guard has
allowed the owners and operators the flexibility of developing their
own maintenance standards, but has outlined specific, minimal criteria
to ensure an irreducible measure of safety.
Six comments stated that the requirements for towlines and terminal
gear in general were not appropriate for small assistance-towing
vessels. Other comments objected in particular to requirements on
thimbles, poured sockets, wire cables, shackles, and metal fittings,
because these items could damage light boats and injure personnel
aboard disabled vessels; on the use of cotter pins or other means to
secure connections of terminal gear, because such items are
unacceptable and even dangerous; and on testing towlines and
maintaining elaborate records of towlines' history, because these items
impose a disproportionate burden. The Coast Guard has determined that
these requirements are not appropriate for most small assistance-towing
vessels. It has amended the applicability of this final rule from
vessels of 8 meters in length to vessels of 12 meters in length and
over. It developed these requirements to ensure that towlines remain
intact and attached during towing especially for those combinations of
tugs and barges that pose greater risk to the waterways.
5. Navigation; Tests and Inspections; Maintenance, Failure, and
Reporting
Two comments expressed the opinion that Sec. 164.80 was not
appropriate for small assistance-towing vessels, since applying the
same criteria to a 1,600-gross-ton (GT) vessel as to an 8-GT vessel is
not reasonable (least of all when the latter uses an outboard motor).
The Coast Guard has determined that Sec. 164.80 indeed should not apply
to small assistance-towing vessels. It has amended the applicability of
this rule from vessels 8 meters in length to vessels of 12 meters in
length and over. This change exempts smaller assistance-towing vessels,
yet covers larger assistance-towing vessels (also engaged in commercial
towing), which pose greater risk to the waterways.
Three comments noted that proposed Sec. 164.80 would have required
vessel operators to inspect and test equipment before departure from
port or at least weekly. They supposed that the intent was to compel
routine, walk-through inspections of a towing vessel's vital systems
before its embarking on an extended voyage. They contended that any
periodic tests or inspections might fall mid-voyage while, in practice,
all tests and inspections fall either upon embarkation or, by harbor
tugs engaged in essentially continuous service, upon change of crew
(weekly or biweekly). They asserted that industry practices are
consistent with dictates of prudent navigation. The Coast Guard agrees,
and has revised Sec. 164.80 to ratify this frequency of tests and
inspections.
Three comments expressed confusion over Sec. 164.80(a)(2) due to
the term ``vessel-control alarms'', which to them connoted autopilot or
steering-system alarms. They stated that few towing vessels have either
of these. They recommended either clarifying the meaning or changing
the requirement to ``vessel's installed alarm systems.'' The Coast
Guard has kept the wording as proposed. If steering-system alarms or
autopilot alarms are installed, it is appropriate to test them before
departing from port; however, this final rule does not require
installation of additional alarms.
One comment questioned whether Sec. 164.80(b) should require that
navigational equipment be checked by vessels under 1,600 GT. The Coast
Guard did not propose to require this measure for towing vessels under
1,600 GT in the NPRM; however, it did state that this equipment must be
operational. It is logical to include a test of this equipment for
these vessels and it is consistent with the intent of the rulemaking.
The Coast Guard has added a test of this equipment for towing vessels
under 1,600 GT.
Two comments stated that proposed Sec. 164.82 should be more
stringent. One urge that Sec. 164.82(d) have language strong enough to
obligate a towing vessel's operator to moor or anchor the vessel if, in
the operator's judgment, proceeding without radar would jeopardize the
safety of the tow, of other vessels, or of the environment; at a
minimum, a tow of environmentally hazardous cargoes should have to moor
in hours of darkness when the towing vessel's radar is inoperative. One
comment held that personnel who order a vessel to depart with a broken
radar are ordering a ``less seaworthy'' vessel to go to sea and should
be held responsible for doing so. The Coast Guard wrote this
requirement to ensure that towing vessels' owners, operators, and
masters address and correct equipment problems. But it is not
necessarily unsafe to operate without a radar in some areas and
weather. The operator or master certainly risks his or her license if
he or she operates in poor weather, at night, or in congested traffic
without an operable radar. Section 164.82 of this final rule outlines
clearly that an owner as well as an operator or master must consider
the conditions before leaving port or continuing a transit once
equipment fails--one for avoiding liability and each of the others for
keeping the license.
One comment raised the question whether the COTP really wanted to
know if a small assistance-towing vessel's radar was inoperable in
accordance with Sec. 164.82(d). The Coast Guard has changed the
applicability of this final rule so most assistance-towing vessels are
exempt from the rule. Those 12 meters in length and over that also
operate as commercial towing vessels remain subject to it, and should.
The Coast Guard has reviewed the reporting requirements and values
reports of defective radars on all towing vessels of 12 meters or more
in length engaged in commercial towing.
Three comments recommend that Sec. 164.82 include the option of
telephoning the COTP and requesting a deviation for an inoperative
radar. Section 164.82(c) of this final rule allows a phoned-in request
for deviation; but, because of the legal nature of this type of
request, it also requires a written follow-up.
One comment recommended keeping the words ``Failure of redundant *
* * '' in Sec. 164.82(d). The Coast Guard concurs and has kept them.
Two comments recommended inserting the words ``after entering a
port'' behind ``96 hours'' in Sec. 164.82(d) because it is probable
that a radar would fail during a sea voyage and would be inoperative
more than 96 hours before a technician could get aboard. The two also
felt that such a requirement would create a burden because it would
mean that the vessel has to request a deviation from each COTP as the
vessel passes through the zones. Information of an inoperative radar is
critical when a vessel is under way, and services of a technician
should not be difficult to obtain, least of all in the zones;
therefore, the Coast Guard has not amended this requirement from the
NPRM.
One comment noted that, if this final rule applied to foreign-flag
vessels towing in U.S. waters, it would mandate equipment not now
required by treaty such as the International Convention for the Safety
of Life at Sea 74/78 (SOLAS), as amended; the comment argued that to
impose regulations as a requirement of port entry without agreement of
the IMO would be inappropriate. The comment offered as an example the
proposed requirement for an illuminated swing-meter or magnetic
compass: It is
[[Page 35070]]
conceivable (though unlikely) that a foreign-flag towing vessel not
subject to SOLAS would not have a compass. The Coast Guard has
determined that it could not require less in this final rule without
defaulting on its duty to protect the U.S. navigable waters from the
risk posed by towing vessels. These vessels can seek from the COTP an
exemption if they enter U.S. navigable waters without the required
equipment. By requiring this equipment, the Coast Guard ensures that
these vessels will be adequately equipped while operating in U.S.
navigable waters or, at a minimum, that the COTP will be aware of their
substandard state.
6. Logs
One comment recommended that the final rule require maintenance of
more-comprehensive logbooks; the proposed rule would have authorized
maintenance of a simple ``diary'', which the comment held insufficient
because it could not prove that vessel personnel comply with the work-
hour limitations of 46 U.S.C. 8104 and would not offer a comprehensive
list of items to take account of. The same comment recommended that,
because of the illiteracy of some operators, log books should have a
minimal number of items that could be answered by initial, check-marks,
or numbers rather than call for long, narrative paragraphs. The same
comment recommended that Sec. 164.78(b) be streamlined to require a log
entry only when a pre-departure test or inspection indicated a failure
or malfunction of a component; this approach would be consistent with
industry practice and would minimize unnecessary paperwork. The Coast
Guard considers it appropriate for companies to determine the method of
recordkeeping that meets the requirements in this rule and their own
needs and that suits the capability of the operators and masters they
employ. (Again, manning and rest hours are not within the scope of this
rule.) To ensure compliance with this rule, the Coast Guard requires a
record of tests even if nothing fails. In the interest of minimizing
these reports, the Coast Guard has not dictated the format of the entry
and will allow companies to continue to use their established
procedures.
One comment recommended that the local Officer in Charge of Marine
Inspection (OCMI) be authorized to approve a company's individual
safety-certification process in lieu of establishing a new and
inflexible regime of logging and reporting for ensuring that vessels'
systems, gear, and the like are inspected and tested. The Coast Guard
has changed the language on inspecting and testing in this final rule
to reflect companies' procedures. The Coast Guard sees no need for an
OCMI's special approval of a company's individual process. However, the
process must record at least the tests and inspections required by this
rule.
A final comment recommended that retroreflective material be placed
on both sides of barges to aid in seeing the barges, especially of a
large tow. This is outside the scope of this rulemaking, but is under
consideration by the Navigation Safety Advisory Council (NAVSAC). If
found to be feasible, it may be the subject of a separate rulemking or
of standard agreed to by government and industry.
Incorporation by Reference
The Director of the Federal Register has approved the material in
Sec. 164.03 for incorporation by reference under 5 U.S.C. 552 and 1 CFR
Part 51. The material is available as indicated in that section.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget under that Order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979).
A final Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT has been prepared and is available in
the docket for inspection or copying where indicated under ADDRESSES.
This final rule applies to all commercial towing vessels 12 meters or
greater in length. An estimated 4,686 existing towing vessels currently
operate on U.S. waters and are affected by this rule. The Coast Guard
estimates that the one-time cost of implementing this rule is $28
million. Summaries of the comments to the NPRM on its regulatory
evaluation, of the anticipated benefits of this final rule, and of the
estimated cost of this rule follow:
Summary of Comments
Two comments held the statement ``this rule would not result of a
significant economic impact on a substantial number of small entities''
entirely false. They noted that the cost to upgrade a marine-assistance
vessel valued at $30,000 would be substantial. This rule in final form
does not affect marine-assistance vessels; it affects only those
vessels engaged in commercial towing. It applies to all of the latter
vessels 12 meters (39.25 feet) or greater in length operating in U.S.
waters. These vessels will have to retain manufacturing specifications
on towlines and regularly maintain and inspect the towlines. They will
have to carry updated charts or maps and publications, marine radar,
and searchlights. Some (depending on service) will also have to carry
magnetic compasses or swing-meters, depth-sounders, and electronic
position-fixing devices.
Summary of Benefits
The principal benefits of this final rule will be to enhance the
safety of navigation and reduce the risk of collisions, allisions, and
groundings.
The allision in September, 1993, of a tow with a fixed railroad
bridge near Mobile, Alabama, established the necessity of navigational-
safety equipment for towing vessels. These navigational-safety measures
will reduce damage to the human and natural environments by increasing
the number of tools at the disposal of a vessel operator, thereby
decreasing the likelihood of an accident.
The preliminary findings of studies prepared after the derailment
of the Sunset Limited indicate that many owners and operators of towing
vessels voluntarily equip their vessels with much of the proposed
equipment here required. Review of the kind and amount of equipment
voluntarily installed suggests the desirability of the industry's
taking these measures. In addition, reliability and performance of
modern navigational equipment has improved, which also suggests that
mariners can have available to them, at falling cost, valued, accurate
information. The benefits of each piece of equipment are as follows:
A marine surface-navigation radar is an essential piece of
navigational-safety equipment. Not only does it aid in detecting and
avoiding other vessels; it helps in constricted waterways and during
periods of decreased visibility.
A searchlight also helps in restricted waterways, and is essential
in checking the condition of tows and warning other vessels of the
presence of towlines.
A magnetic compass indicates headings, which are critical to safe
navigation of a vessel in open waters. It allows dead-reckoning in
restricted visibility, enables the vessel to fix its position, helps
the vessel to determine the effect of winds and currents, and tells the
rate of turn for the tow.
A swing-meter, or rate-of-turn indicator, tells the rate of turn
for the
[[Page 35071]]
towing vessel itself, which is valuable for every vessel pushing ahead
and is critical for every large, multiple-barge tow pushing ahead. TSAC
has indicated the considerable value of this device to every vessel
pushing ahead.
A depth-sounder decreases the risk of grounding. It provides
immediate information on depth, and also helps fix the vessel's
position.
An electronic position-fixing device has become a basic
navigational tool on board both offshore and coastal vessels. It
supplants plotting by traditional means, for which few towing vessels
have either the time or the personnel.
Charts or maps, and publications, have always been a basic
navigational tool. They give detailed, recent information on
obstructions, routes, bridge clearances, communication channels, river
currents, and hazards to navigation.
Finally, owners' and operators' retention of manufacturers' data on
the breaking strength of towlines, together with minimal standards of
inspection and serviceability, will help ensure that towlines remain
intact throughout transits and are of the appropriate sizes or
configurations. The desirability of keeping tugs made up to their
barges appears self-evident.
All of these measures serve essentially the same purpose: to
increase navigational safety for towing vessels and barges on U.S.
waters. Although the Coast Guard recognizes that many prudent operators
already practice them, this rule will codify them, provide basic
performance standards for the equipment, and compel compliance for
vessels not conforming to the sound practices of the majority of the
industry.
The benefits from these measures are significant, but the Coast
Guard cannot quantify them from available data.
Summary of Costs
The present value of the one-time costs to the towing industry of
installing the required navigational equipment is, on a very
conservative estimate, just under $28 million. This estimate is based
on Coast Guard research. It assumes that a high proportion of vessels
do not already carry the equipment, and does not factor in the
difference in requirements for the difference in routes. Therefore,
although it does not include costs for maintenance and repair, the
Coast Guard expects that the actual value of the costs to the industry
will run appreciably lower than $28 million.
The estimated one-time cost of towing vessels 20 meters (65.62
feet) or more in length totals $10.2 million; this comes to about
$4,600 a vessel. That for those between 12 and 20 meters totals $17.4
million; this comes to about $7,000 a vessel. The average cost for
smaller vessels, paradoxically, is higher than that for larger ones
because the Coast Guard's estimating methodology assumes that a larger
proportion of smaller vessels do not already carry the required
navigational-safety equipment.
This final rule will impose recurring costs in following years.
There will be three annual components of recurring costs: updates,
deviations, and towline testing. (a) Estimated cost of updates is
$468,000 a year for the purchase of new editions of charts or maps and
publications as necessary. (b) Estimated costs of deviations is about
$43,000 a year, assuming 1,072 of them a year. This number is low
because the rule will allow 96 hours to make any necessary repairs.
This is to decrease the burden on industry, especially on small
entities. (c) Finally, estimated cost of towline testing is about $300
a test. At 937 tests a year (20 percent of vessels), this component
will be $281,000 a year. These three annual components of recurring
costs will total $792,000.
Small Entities
The costs to small entities will not be significant, because,
unlike the proposed rule, this final rule exempts towing vessels of
less than 12 meters in length, certain yard and fleeting craft,
assistance-towing vessels, and pollution-response vessels; because of
the large number of vessels already in compliance; and because of the
phase-in periods for several provisions. Therefore, the Coast Guard
certifies under section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) that this rule will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget (OMB) reviews each rule that contains a
collection-of-information requirement to determine whether the
practical value of the information is worth the burden imposed by its
collection. Collection-of-information requirements include reporting,
recordkeeping, notification, and other, similar requirements.
This final rule contains collection-of-information requirements in
the following sections: 164.72(b), 164.74(a) 164.78(b), and 164.82(d).
The following particulars apply:
DOT No.: 2115.
OMB Control No.: 2115-0628.
Administration: U.S. Coast Guard.
Title: Navigation Safety Equipment for Towing Vessels.
Need for Information: This final rule will require the mariner to
log or otherwise record information necessary for the safe operation of
the vessel, including (1) Updating navigational charts or maps and
publications to ensure that they accurately reflect local conditions;
(2) keeping documentation on the vessel's towline to verify its
strength and recording regular inspections of it to ensure that it
remains sound; (3) recording tests of the navigation and towing
equipment to ensure that they are functioning properly; and (4)
requesting a deviation from the COTP if the vessel's radar is
inoperative to ensure that this essential equipment is repaired. These
recordkeeping requirements are thoroughly consistent with good
commercial practice and the dictates of good seamanship for safe
navigation and maintenance of critical navigational-safety equipment.
Proposed Use of Information
The primary use of this information will be to ensure that the
mariner records information necessary for the safe operation and
maintenance of the vessel. The secondary use will be to help Coast
Guard inspectors determine whether a vessel is in compliance or, in the
case of a casualty, whether failure to comply with this final rule
contributed to the casualty. The Coast Guard has no specific plan to
collect these data for statistical analysis.
Frequency of Response: The various information called for by this
final rule will be recorded at different intervals. Updates of charts
or maps and publications under Sec. 164.72(b) bill occur at least
weekly. Towline verification will entail, for each towline, keeping a
record of the initial manufacturing data indefinitely. Entries in
inspection logs or other documentation for towlines under
Sec. 164.74(a) will entail recording at least monthly. The recording
under Sec. 164.78(b) of tests and inspection of equipment will be
frequent, and consistent with the underway schedule of the vessel.
Finally, the submittal of requests for deviations under Sec. 164.82(d)
should occur infrequently, only when certain navigational-safety
equipment fails and remains inoperative for greater than 96 hours.
Burden Estimate: 302,663 hours.
Respondents: 4,686 owners, masters, or operators of towing vessels.
Average Burden Hours a respondent: 64.6 annual hours a respondent.
Persons need not respond to an information collection unless it
displays a currently valid control number from
[[Page 35072]]
OMB. This final rule contains information collections that have been
approved by OMB.
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 (October 26, 1987) and
has determined that this rule does not have sufficient implications for
federalism to warrant the preparation of a Federal Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under paragraphs 2.B.2.e(34) (d) and (e) of
Commandant Instruction M16475.1B, this rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 164
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways, Incorporation by reference.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 164 as follows:
PART 164--NAVIGATION SAFETY REGULATIONS
1. The authority citation for part 164 is revised to read as
follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR
1.46. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also
issued under 46 U.S.C. 6101.
2. In Sec. 164.01, paragraph (b) is added to read as follows:
Sec. 164.01 Applicability.
* * * * *
(b) Sections 164.70 through 164.82 of this part apply to each
towing vessel of 12 meters (39.4 feet) or more in length operating in
the navigable waters of the United States other than the St. Lawrence
Seaway; except that a towing vessel is exempt from the requirements of
Sec. 164.72 if it is--
(1) Used solely within a limited geographic area, such as a
fleeting-area for barges or a commercial facility, and used solely for
restricted service, such as making up or breaking up larger tows;
(2) Used solely for assistance towing as defined by 46 CFR 10.103;
(3) Used solely for pollution response; or
(4) Any other vessel exempted by the Captain of the Port (COTP).
The COTP, upon written request, may, in writing, exempt a vessel from
Sec. 164.72 for a specified route if he or she decides that exempting
it would not allow its unsafe navigation under anticipated conditions.
3. Section 164.03 is amended by revising paragraph (b) to read as
follows:
Sec. 164.03 Incorporation by reference.
* * * * *
(b) The materials approved for incorporation by reference in this
part and the sections affected are as follows:
American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005
API Specification 9A, Specification for Wire Rope, Section
3, Properties and Tests for Wire and Wire Rope, May 28,
1984...................................................... 164.74
American Society for Testing and Materials (ASTM), 1916 Race
Street, Philadelphia, PA 19103
ASTM D4268-93, Standard Test Method for Testing Fiber Ropes 164.74
Cordage Institute, 350 Lincoln Street, Hingham, MA 02043
CIA-3, Standard Test Methods for Fiber Rope Including
Standard Terminations, Revised, June 1980................. 164.74
International Maritime Organization (IMO), 4 Albert
Embankment, London SE1 7SR, U.K.
IMO Resolution A342(IX), Recommendation on Performance
Standards for Automatic Pilots, adopted November 12, 1975. 164.13
International Telecommunication Union Radiocommuni- cation
Bureau (ITU-R), Place de Nations CH-1211 Geneva 20
Switzerland
(1) ITU-R Recommendation M.821, Optional Expansion of the
Digital Selective-Calling System for Use in the Maritime
Mobile Service, 1992...................................... 164.43
(2) ITU-R Recommendation M.825, Characteristics of a
Transponder System Using Digital Selective-Calling
Techniques for Use with Vessel Traffic Services and Ship-
to-Ship Identification, 1992.............................. 164.43
Radio Technical Commission for Maritime Services, 655
Fifteenth Street, NW., Suite 300, Washington, DC 20005
(1) RTCM Paper 12-78/DO-100, Minimum Performance Standards,
Loran C Receiving Equipment, 1977......................... 164.41
(2) RTCM Paper 194-93/SC104-STD, RTCM Recommended Standards
for Differential NAVSTAR GPS Service, Version 2.1, 1994... 164.43
(3) RTCM Paper 71-95/SC112-STD, RTCM Recommended Standards
for Marine Radar Equipment Installed on Ships of Less Than
300 Tons Gross Tonnage, Version 1.1, October 10, 1995..... 164.72
(4) RTCM Paper 191-93/SC112-X, RTCM Recommended Standards
for Maritime Radar Equipment Installed on Ships of 300
Tons Gross Tonnage and Upwards, Version 1.2, December 20,
1993...................................................... 164.72
4. Sections 164.70, 164.72, 164.74, 164.76, 164.78, 164.80, and
164.82 added to read as follows:
Sec. 164.70 Definitions.
For purposes of Secs. 164.72 through 164.82, the term--
Current edition means the most recent published version of a
publication, chart, or map required by Sec. 164.72.
Currently corrected edition means a current or previous edition of
a publication required by Sec. 164.72, corrected with changes that come
from Notices to Mariners (NTMs) or Notices to Navigation reasonably
available and that apply to the vessel's transit. Hand-annotated river
maps from the U.S. Army Corps of Engineers (ACOE) are currently
corrected editions if issued within the previous 5 years.
Great Lakes means the Great Lakes and their connecting and
tributary waters including the Calumet River as far as the Thomas J.
O'Brien Lock and Controlling Works (between miles 326 and 327), the
Chicago River as far as the east side of the Ashland Avenue Bridge
(between miles 321 and 322), and the Saint Lawrence River as far east
as the lower exit of Saint Lambert Lock.
Swing-meter means an electronic or electric device that indicates
the rate of turn of the vessel on board which it is installed.
Towing vessel means a commercial vessel engaged in or intending to
engage in pulling, pushing or hauling alongside, or any combination of
pulling, pushing, or hauling alongside.
Western Rivers means the Mississippi River, its tributaries, South
Pass, and Southwest Pass, to the navigational-demarcation lines
dividing the high seas from harbors, rivers, and other inland waters of
the United States, and the Port Allen-Morgan City Alternative Route,
and that part of the Atchafalaya River above its junction with the Port
Allen-Morgan City Alternative Route
[[Page 35073]]
including the Old River and the Red River and those waters specified by
Secs. 89.25 and 89.27 of this chapter, and such other, similar waters
as are designated by the COTP.
Sec. 164.72 Navigational-safety equipment, charts or maps, and
publications required on towing vessels.
(a) Except as provided by Sec. 164.01(b), each towing vessel must
be equipped with the following navigational-safety equipment:
(1) Marine Radar. By August 2, 1997, a marine radar that meets the
following applicable requirements:
(i) For a vessel of less than 300 tons gross tonnage that engages
in towing on navigable waters of the U.S., including Western Rivers,
the radar must meet--
(A) The requirements of the Federal Communications Commission (FCC)
specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar Equipment Installed on Ships of
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version
1.1, display Category II and stabilization Category Bravo.
(ii) For a vessel of less than 300 tons gross tonnage that engages
in towing seaward of navigable waters of the U.S. or more than three
nautical miles from shore on the Great Lakes, the radar must meet--
(A) The requirements of the FCC specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar Equipment Installed on Ships of
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version
1.1, display Category I and stabilization Category Alpha.
(iii) For a vessel of 300 tons gross tonnage or more that engages
in towing, the radar must meet RTCM Recommended Standards for Marine
Radar Equipment Installed on Ships of 300 Tons Gross tonnage and
Upwards, RTCM Paper 191-93/SC112-X, Version 1.2.
(iv) A vessel with an existing radar must meet the applicable
requirements of paragraphs (a)(1) (i) through (iii) of this section by
August 2, 1998; except that a vessel with an existing radar must meet
the display and stabilization requirements of paragraph (a)(1)(ii)(B)
of this section by August 2, 2001.
(2) Searchlight. A searchlight, directable from the vessel's main
steering station and capable of illuminating objects at a distance of
at least two times the length of the tow.
(3) VHF-FM Radio. An installation or multiple installations of VHF-
FM radios as prescribed by part 26 of this chapter and 47 CFR part 80,
to maintain a continuous listening watch on the designated calling
channel, VHF-FM Channel 13 (except on portions of the Lower Mississippi
River, where VHF-FM Channel 67 is the designated calling channel), and
to separately monitor the International Distress and Calling Channel,
VHF-FM Channel 16, except when transmitting or receiving traffic on
other VHF-FM channels or when participating in a Vessel Traffic Service
(VTS) or monitoring a channel of a VTS. (Each U.S. towing vessel of 26
feet (about 8 meters) or more in length, except a public vessel, must
hold a ship-radio-station license for radio transmitters (including
radar and EPIRBs), and each operator must hold a restricted operator's
license or higher. To get an application for either license, call (800)
418-FORM or (202) 418-FORM, or write to the FCC; Wireless Bureau,
Licensing Division; 1270 Fairfield Road; Gettysburg, PA 17325-7245.)
(4) Magnetic Compass. Either--
(i) An illuminated swing-meter or an illuminated car-type magnetic
steering compass readable from the vessel's main steering station, if
the vessel engages in towing exclusively on Western Rivers; or
(ii) An illuminated card-type magnetic steering compass readable
from the vessel's main steering station.
(5) Echo Depth-Sounding Device. By August 2, 2001, an echo depth-
sounding device readable from the vessel's main steering station,
unless the vessel engages in towing exclusively on Western Rivers.
(6) Electronic Position-Fixing Device. An electronic position-
fixing device, either a LORAN-C receiver or a satellite navigational
system such as the Global Positioning System (GPS) as required by
Sec. 164.41, if the vessel engages in towing seaward of navigable
waters of the U.S. or more than three nautical miles from shore on the
Great Lakes.
(b) Each towing vessel must carry on board and maintain the
following:
(1) Charts or maps. Marine charts or maps of the areas to be
transited, published by the National Ocean Service (NOS), the ACOE, or
a river authority that satisfy the following requirements:
(i) The charts or maps must be of a large enough scale and have
enough detail to make safe navigation of the areas possible.
(ii) The charts or maps must be either--
(A) Current editions or currently corrected editions, if the vessel
engages in towing exclusively on navigable waters of the U.S.,
including Western Rivers; or
(B) Currently corrected editions, if the vessel engages in towing
seaward of navigable waters of the U.S. or more than three nautical
miles from shore on the Great Lakes.
(iii) The charts or maps may be, instead of charts or maps required
by paragraphs (b)(1) (i) and (ii) of this section, currently corrected
marine charts or maps, or applicable extracts, published by a foreign
government. These charts or maps, or applicable extracts, must contain
information similar to that on the charts or maps required by
paragraphs (b)(1) (i) and (ii) of this section, be of large enough
scale, and have enough detail to make safe navigation of the areas
possible, and must be currently corrected.
(3) General publications. A currently corrected edition of, or an
applicable currently corrected extract from, each of the following
publications for the area to be transited:
(i) If the vessel is engaged in towing exclusively on Western
Rivers--
(A) U.S. Coast Guard Light List;
(B) Applicable Notices to Navigation published by the ACOE, or
Local Notices to Mariners (LNMs) published by the Coast Guard, for the
area to be transited, when available; and
(C) River-current tables published by the ACOE or a river
authority, if available.
(ii) If the vessel is engaged other than in towing exclusively on
Western Rivers--
(A) Coast Guard Light List;
(B) Notices to Mariners published by the Defense Mapping Agency, or
LNMs published by the Coast Guard;
(C) Tidal-current tables published by the NOS, or river-current
tables published by the ACOE or a river authority:
(D) Tide tables published by the NOS; and
(E) U.S. Coast Pilot.
(c) Table 164.72, following, summarizes the navigational-safety
equipment, charts or maps, and publications required for towing vessels
of 12 meters or more in length:
[[Page 35074]]
Table 164.72.--Equipment, Charts or Maps, and Publications of Towing Vessels of 12 Meters or More in Length
----------------------------------------------------------------------------------------------------------------
Waters seaward of
U.S. navigable waters navigable waters and 3
Western rivers other than Western NM or more from shore on
FR Doc. 96-16892 Navigation Safety Equipment for Towing Vessels
rivers the Great Lakes
----------------------------------------------------------------------------------------------------------------
Marine Radar:
Towing vessels of less than 300 RTCM Paper 71-95/SC112- RTCM Paper 71-95/SC112- RTCM Paper 71-95/SC112-
GT. STD Version 1.1, Display STD Version 1.1, STD Version 1.1,
Category II \1\ Display Category II \1\ Display Category I \2\
Stabilization Category Stabilization Category Stabilization Category
BRAVO. BRAVO. ALPHA.
Towing vessels of 300 GT or more. RTCM Paper 191-93/SC112-X RTCM Paper 191-93/SC112- RTCM Paper 191-93/SC112-
Version 1.2.\1\ X Version 1.2.\1\ X Version 1.2.\1\
Searchlight...................... X........................ X....................... X.
VHF-FM radio..................... X........................ X....................... X.
Magnetic compass................. X \3\.................... X....................... X.
Swing-meter...................... X \3\.................... ........................ ........................
Echo depth-sounding device....... ......................... X....................... X.
Electronic position-fixing device X.
Charts or maps................... (1) Large enough scale... (1) Large enough scale.. (1) Large enough scale.
(2) Current edition or (2) Current edition or (2) Currently corrected
currently corrected currently corrected edition.
edition. edition.
General publications............. (1) U.S. Coast Guard (1) U.S. Coast Guard (1) U.S. Coast Guard
Light List. Light List. Light List.
(2) Notices to Navigation (2) Local Notices to (2) Local Notices to
or Local Notice to Mariners. Mariners.
Mariners.
(3) River-current Tables. (3) Tidal-current Tables (3) Tidal-current
Tables.
(4) Tide Tables......... (4) Tide Tables.
(5) U.S. Coast Pilot.... (5) U.S. Coast Pilot.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Towing vessels with existing radar must meet this requirement by August 2, 1998.
\2\ Towing vessels with existing radar must meet this requirement by August 2, 1998, but do not need to meet the
display and stabilization requirement until August 2, 2001.
\3\ A towing vessel may carry either a swing-meter or a magnetic compass.
Sec. 164.74 Towline and terminal gear for towing astern.
(a) Towline. The owner, master, or operator of each vessel towing
astern shall ensure that the strength of each towline is adequate for
its intended service, considering at least the following factors:
(1) The size and material of each towline must be--
(i) Appropriate for the horsepower or bollard pull of the vessel;
(ii) Appropriate for the static loads and dynamic loads expected
during the intended service;
(iii) Appropriate for the sea conditions expected during the
intended service;
(iv) Appropriate for exposure to the marine environment and to any
chemicals used or carried on board the vessel;
(v) Appropriate for the temperatures of normal stowage and service
on board the vessel;
(vi) Compatible with associated navigational-safety equipment; and
(vii) Appropriate for the likelihood of mechanical damage.
(2) Each towline as rigged must be--
(i) Free of knots;
(ii) Spliced with a thimble, or have a poured socket at its end;
and
(iii) Free of wire clips except for temporary repair, for which the
towline must have a thimble and either five wire clips or as many wire
clips as the manufacturer specifies for the nominal diameter and
construction of the towline, whichever is more.
(3) The condition of each towline must be monitored through the--
(i) Keeping on board the towing vessel or in company files of a
record of the towline's initial minimum breaking strength as determined
by the manufacturer, by a classification (``class'') society authorized
in Sec. 157.04 of this chapter, or by a tensile test that meets API
Specification 9A, Specification for Wire Rope, Section 3; ASTM D4268-
93, Standard Test Method for Testing Fiber Ropes; or Cordage Institute
CIA 3, Standard Test Methods for Fiber Rope Including Standard
Terminations;
(ii) If the towline is purchased from another owner, master, or
operator of a vessel with the intent to use it as a towline or if it is
retested for any reason, keeping on board the towing vessel or in
company files of a record of each retest of the towline's minimum
breaking strength as determined by a class society authorized in
Sec. 157.04 of this chapter or by a tensile test that meets API
Specification 9A, Section 3; ASTM D4268-93; or Cordage Institute CIA 3,
Standard Test Methods;
(iii) Conducting visual inspections of the towline in accordance
with the manufacturer's recommendations, or at least monthly, and
whenever the serviceability of the towline is in doubt (the inspections
being conducted by the owner, master, or operator, or by a person on
whom the owner, master, or operator confers the responsibility to take
corrective measures appropriate for the use of the towline);
(iv) Evaluating the serviceability of the whole towline or any part
of the towline, and removing the whole or part from service either as
recommended by the manufacturer or a class society authorized in
Sec. 157.04 of this chapter or in accordance with a replacement
schedule developed by the owner, master, or operator that accounts for
at least the--
[[Page 35075]]
(A) Nautical miles on, or time in service of, the towline;
(B) Operating conditions experienced by the towline;
(C) History of loading of the towline;
(D) Surface condition, including corrosion and discoloration, of
the towline;
(E) Amount of visible damage to the towline;
(F) Amount of material deterioration indicated by measurements of
diameter and, if applicable, measurements of lay extension of the
towline; and
(G) Point at which a tensile test proves the minimum breaking
strength of the towline inadequate by the standards of paragraph (a)(1)
of this section, if necessary; and
(v) Keeping on board the towing vessel or in company files of a
record of the material condition of the towline when inspected under
paragraphs (a)(3)(iii) and (iv) of this section. Once this record
lapses for three months or more, except when a vessel is laid up or out
of service or has not deployed its towline, the owner, master, or
operator shall retest the towline or remove it from service.
(b) Terminal gear. The owner, master, or operator of each vessel
towing astern shall ensure that the gear used to control, protect, and
connect each towline meets the following criteria:
(1) The material and size of the terminal gear are appropriate for
the strength and anticipated loading of the towline and for the
environment;
(2) Each connection is secured by at least one nut with at least
one cotter pin or other means of preventing its failure;
(3) The lead of the towline is appropriate to prevent sharp bends
in the towline from fairlead blocks, chocks, or tackle;
(4) There is provided a method, whether mechanical or non-
mechanical, that does not endanger operating personnel but that easily
releases the towline;
(5) The towline is protected from abrasion or chafing by chafing
gear, lagging, or other means;
(6) Except on board a vessel towing in ice on Western Rivers or one
using a towline of synthetic or natural fiber, there is fitted a winch
that evenly spools and tightly winds the towline; and
(7) If a winch is fitted, there is attached to the main drum a
brake that has holding power appropriate for the horsepower or bollard
pull of the vessel and can be operated without power to the winch.
Sec. 164.76 Towline and terminal gear for towing alongside and pushing
ahead.
The owner, master, or operator of each vessel towing alongside or
pushing ahead shall ensure that the face wires, spring lines, and push
gear used--
(a) Are appropriate for the vessel's horsepower;
(b) Are appropriate for the arrangement of the tow;
(c) Are frequently inspected; and
(d) Remain serviceable.
Sec. 164.78 Navigation under way: Towing vessels.
(a) The owner, master, or operator of each vessel towing shall
ensure that each person directing and controlling the movement of the
vessel--
(1) Understands the arrangement of the tow and the effects of
maneuvering on the vessel towing and on the vessel, barge, or object
being towed;
(2) Can fix the position of the vessel using installed navigational
equipment, aids to navigation, geographic reference-points, and
hydrographic contours;
(3) Does not fix the position of the vessel using buoys alone
(Buoys are aids to navigation placed in approximate positions either to
alert mariners to hazards to navigation or to indicate the orientation
of a channel. They may not maintain exact charted positions, because
strong or varying currents, heavy seas, ice, and collisions with
vessels can move or sink them or set them adrift. Although they may
corroborate a position fixed by other means, they cannot fix a
position; however, if no other aids are available, buoys alone may
establish an estimated position.);
(4) Evaluates the danger of each closing visual or radar contact;
(5) Knows and applies the variation and deviation, where a magnetic
compass is fitted and where charts or maps have enough detail to enable
this type of correction;
(6) Knows the speed and direction of the current, set, drift, and
tidal state for the area to be transited; and
(7) Proceeds at a speed prudent for the weather, visibility,
traffic density, tow draft, possibility of wake damage, speed of the
current, and local speed-limits.
(b) The owner, master, or operator of each vessel towing shall
ensure that the tests and inspections required by Sec. 164.80 are
conducted and that the results are entered in the log or other record
carried on board.
Sec. 164.80 Tests and inspections.
(a) The owner, master, or operator of each towing vessel of less
than 1,600 GT shall ensure that the following tests and inspections of
gear occur before the vessel embarks on a voyage of more than 24 hours
or when each new master or operator assumes command:
(1) Steering-systems. A test of the steering-gear-control system; a
test of the main steering gear from the alternative power supply, if
installed; a verification of the rudder-angle indicator relative to the
actual position of the rudder; and a visual inspection of the steering
gear and its linkage.
(2) Navigational equipment. A test of all installed navigational
equipment.
(3) Communications. Operation of all internal vessel control
communications and vessel-control alarms, if installed.
(4) Lights. Operation of all navigational lights and all
searchlights.
(5) Terminal gear. Visual inspection of tackle; of connections of
bridle and towing pendant, if applicable; of chafing gear; and of the
winch brake, if installed.
(6) Propulsion systems. Visual inspection of the spaces for main
propulsion machinery, of machinery, and of devices for monitoring
machinery.
(b) The owner, master, or operator of each towing vessel of 1,600
GT or more shall ensure that the following tests of equipment occur at
the frequency required by Sec. 164.25 and that the following
inspections of gear occur before the vessel embarks on a voyage of more
than 24 hours or when each new master or operator assumes command:
(1) Navigational equipment. Tests of onboard equipment as required
by Sec. 164.25.
(2) Terminal gear. Visual inspection of tackle; of connections of
bridle and towing pendant, if applicable; of chafing gear; and of the
winch brake, if installed.
Sec. 164.82 Maintenance, failure, and reporting.
(a) Maintenance. The owner, master, or operator of each towing
vessel shall maintain operative the navigational-safety equipment
required by Sec. 164.72.
(b) Failure. If any of the navigational-safety equipment required
by Sec. 164.72 fails during a voyage, the owner, master, or operator of
the towing vessel shall exercise due diligence to repair it at the
earliest practicable time. He or she shall enter its failure in the log
or other record carried on board. The failure of equipment, in itself,
does not constitute a violation of this rule; nor does it constitute
unseaworthiness; nor does it obligate an owner, master, or operator to
moor or anchor the vessel. However, the owner, master, or operator
shall consider the state of the equipment--along with such factors as
weather, visibility, traffic, and the dictates of good seamanship--in
deciding whether it is safe for the vessel to proceed.
(c) Reporting. The owner, master, or operator of each towing vessel
whose
[[Page 35076]]
equipment is inoperative or otherwise impaired while the vessel is
operating within a Vessel Traffic Service (VTS) Area shall report the
fact as required by 33 CFR 161.124. (33 CFR 161.124 requires that each
user of a VTS report to the Vessel Traffic Center as soon as
practicable:
(1) Any absence or malfunction of vessel-operating equipment for
navigational safety, such as propulsion machinery, steering gear,
radar, gyrocompass, echo depth-sounding or other sounding device,
automatic dependent surveillance equipment, or navigational lighting;
(2) Any condition on board the vessel likely to impair navigation,
such as shortage of personnel or lack of current nautical charts or
maps, or publications; and
(3) Any characteristics of the vessel that affect or restrict the
maneuverability of the vessel, such as arrangement of cargo, trim,
loaded condition, under-keel clearance, and speed.)
(d) Deviation and authorization. The owner, master, or operator of
each towing vessel unable to repair within 96 hours an inoperative
marine radar required by Sec. 164.72(a) shall so notify the Captain of
the Port (COTP) and shall seek from the COTP both a deviation from the
requirements of this section and an authorization for continued
operation in the area to be transited. Failure of redundant
navigational-safety equipment, including but not limited to failure of
one of two installed radars, where each satisfies Sec. 164.72(a), does
not necessitate either a deviation or an authorization.
(1) The initial notice and request for a deviation and an
authorization may be spoken, but the request must also be written. The
written request must explain why immediate repair is impracticable, and
state when and by whom the repair will be made.
(2) The COTP, upon receiving even a spoken request, may grant a
deviation and an authorization from any of the provisions of
Secs. 164.70 through 164.82 for a specified time if he or she decides
that they would not impair the safe navigation of the vessel under
anticipated conditions.
Dated: June 26, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Marine Safety and Environmental
Protection.
[FR Doc. 96-16892 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-16888 Equal Employment Opportunity
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34729-34730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16888]
=======================================================================
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DEPARTMENT OF JUSTICE
28 CFR Part 42
[A.G. Order No. 2037-96]
Equal Employment Opportunity
AGENCY: Department of Justice
ACTION: Final Rule
-----------------------------------------------------------------------
SUMMARY: This document revises the Department of Justice policy with
regard to the nondiscrimination in employment to include sexual
orientation as a prohibited basis for discrimination. This revised rule
also makes clear that retaliation for opposing a prohibited practice or
participating in a related proceeding is prohibited. This action
promotes the equitable treatment of employees and applicants for
employment
EFFECTIVE DATE: June 26, 1996.
FOR FURTHER INFORMATION CONTACT:
Ted McBurrows, Director, Equal Employment Opportunity Staff, Room 1246,
10th & Pennsylvania Ave., NW, Washington, DC 20530, (202) 616-4800.
SUPPLEMENTARY INFORMATION: In 1994, pursuant to 5 U.S.C. 301, the
Attorney General issued several policy statements prohibiting
discrimination on the basis of sexual orientation and affirmatively
promoting the principles of equal employment opportunity. The Attorney
General is revising 28 CFR 42.1 to reflect this policy. This policy
affects agency operation and procedures, and therefore is exempt from
the notice requirement of 5 U.S.C. 553(b) and is effective upon
issuance.
This rule has been drafted and reviewed in accordance with section
1(b) of Executive Order 12866. This rule is not a ``significant
regulatory action'' under section 3(f) of Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget. In accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), the Attorney General certifies that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will not have a substantial direct impact upon the
states, on the relationships between the national government and the
states, or on distribution of power and responsibilities among the
various levels of government. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment in accordance with Executive order 12612.
List of Subjects in 28 CFR Part 42
Administrative practice and procedure, Aged, Civil rights, Equal
employment opportunity, Grant programs, Individuals with disabilities,
Reporting and recordkeeping, Sex discrimination.
Accordingly, for reasons set out in the preamble, 28 CFR Part 42 is
amended as set forth below.
PART 42--EQUAL EMPLOYMENT OPPORTUNITY WITHIN THE DEPARTMENT OF
JUSTICE
1. The authority citation for Part 42 Subpart A is revised to read
as follows:
Authority: 5 U.S.C. 301, 28 U.S.C. 509, 510; E.O. 11246, 3 CFR
1964-1965 Comp., p. 339; E.O. 11478, 3 CFR 1966-1970 Comp., p. 803.
2. Section 42.1 is revised to read as follows:
[[Page 34730]]
Sec. 42.1 Policy.
(a) It is the policy of the Department of Justice to seek to
eliminate discrimination on the basis of race, color, religion, sex,
sexual orientation, national origin, marital status, political
affiliation, age, or physical or mental handicap in employment within
the Department and to assure equal employment opportunity for all
employees and applicants for employment.
(b) No person shall be subject to retaliation for opposing any
practical prohibited by the above policy or for participating in any
stage of administrative or judicial proceedings related to this policy.
Dated: June 26, 1996.
Janet Reno,
Attorney General.
[FR Doc. 96-16888 Filed 7-2-96; 8:45 am]
BILLING CODE 4410-01-M
Complete official Federal Register PDF
FR Doc. 96-16886 Animal Drugs, Feeds, and Related Products; 29 Various New Animal Drug Products and Type A Medicated Articles
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34727-34729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16886]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
21 CFR Parts 520, 522, 529, and 558
Animal Drugs, Feeds, and Related Products; 29 Various New Animal
Drug Products and Type A Medicated Articles
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to remove those portions reflecting approval of 29 new
animal drug applications (NADA's) held by Bayer Corp., Agriculture
Division, Animal Health (formerly Miles, Inc., Agriculture Division,
Animal Health Products), Hubbard Milling Co., Hoffmann-LaRoche, Inc.,
and Ohmeda, Inc. The NADA's provide for the use of 29 various new
animal drug products and Type A medicated articles used to manufacture
finished medicated animal feeds. In a notice published elsewhere in
this issue of the Federal Register, FDA is withdrawing approval of the
NADA's.
EFFECTIVE DATE: July 15, 1996.
FOR FURTHER INFORMATION CONTACT: Mohammad I. Sharar, Center for
Veterinary Medicine (HFV-216), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855, 301-827-0159.
SUPPLEMENTARY INFORMATION: In a notice published elsewhere in this
issue of the Federal Register, FDA is withdrawing approval of the
following NADA's:
[[Page 34728]]
------------------------------------------------------------------------
Sponsor name and
NADA No. Drug name address
------------------------------------------------------------------------
6-462......................... Diethylcarbamazine Bayer Corp.,
tablets. Agriculture
Division, Animal
Health, P.O. Box
390, Shawnee
Mission, KS
66201.
10-540........................ Calcium disodium Do.
edetate injection.
11-380........................ Diethylcarbamazine Do.
powder.
12-054........................ Protokylol Do.
hydrochloride
tablets and
injection.
12-103........................ Triamcinolone Do.
tablets.
12-392........................ Triamcinolone Do.
injection.
12-598........................ Disophenol sodium Do.
injection.
15-161........................ Trichlorfon powder.. Do.
15-965........................ Coumaphos Type A Do.
medicated article.
30-045........................ Triamcinolone/ Do.
neomycin sulfate
ointment.
34-394........................ Niclosamide tablets. Do.
35-263........................ Styrylpyridinium Do.
chloride,
diethylcarbamazine
(as base) oral
liquid.
45-287........................ Coumaphos crumbles.. Do.
48-645........................ Tylosin Type A Hubbard Milling
medicated articles Co., 424 North
(5, 10, 20, and 40 Riverfront Dr.,
grams per pound). P.O. Box 8500,
Mankato, MN 56002-
8500.
49-555........................ Styrylpyridinium Bayer Corp.
chloride,
diethylcarbamazine
control diet HRH/
MSD.
91-628........................ Diethylcarbamazine Do.
citrate syrup.
93-372........................ Chlortetracycline Hoffmann-LaRoche,
calcium complex Inc., Nutley, NJ
Type A medicated 07110.
articles.
94-402........................ Tylosin and Hubbard Milling
sulfamethazine Type Co.
A medicated
articles.
95-078........................ Trichlorfon oral Bayer Corp.
liquid.
96-031........................ Styrylpyridinium Do.
chloride,
diethylcarbamazine
citrate tablets.
100-201....................... Trichlorfon paste... Do.
100-356....................... Styrylpyridinium Do.
chloride,
diethylcarbamazine
control diet HRH.
100-670....................... Niclosamide Type A Do.
medicated article.
101-078....................... Dichlorophene and Do.
toluene capsules.
120-327....................... Diethylcarbamazine Do.
chewable tablets.
120-670....................... Styrylpyridinium, Do.
diethylcarbamazine
edible tablets.
121-291....................... Enflurane liquid Ohmeda, Inc.,
(anesthetic). Pharmaceutical
Products
Division, P.O.
Box 804, Liberty
Corner, NJ 07938-
0804.
121-813....................... Styrylpyridinium, Bayer Corp.
diethylcarbamazine
film-coated tablets.
133-509....................... Pyrantel tartrate Hubbard Milling
Type A medicated Co.
articles.
------------------------------------------------------------------------
The sponsors requested withdrawal of approval of the NADA's. This
final rule removes 21 CFR 520.500, 520.620a, 520.620b, 520.1520,
520.2022, 520.2160a, 520.2160b, 520.2160c, 520.2160d, 520.2480,
520.2520c, 520.2520d, 522.281, 522.740, 522.2022, 522.2480, 529.810,
558.367, and 558.565, and amends 21 CFR 520.580, 520.622a, 520.622b,
520.2520a, 558.185, 558.485, 558.625, and 558.630.
List of Subjects
21 CFR Parts 520, 522, and 529
Animal drugs.
21 CFR Part 558
Animal drugs, Animal feeds.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 520,
522, 529, and 558 are amended as follows:
PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 520 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
Sec. 520.500 [Removed]
2. Section 520.500 Coumaphos crumbles is removed.
Sec. 520.580 [Amended]
3. Section 520.580 Dichlorophene and toluene capsules is amended in
paragraph (b)(2) by removing ``000859,''.
Sec. 520.620a [Removed]
4. Section 520.620a Diethylcarbamazine is removed.
Sec. 520.620b [Removed]
5. Section 520.620b Diethylcarbamazine chewable tablets is removed.
Sec. 520.622a [Amended]
6. Section 520.622a Diethylcarbamazine citrate tablets is amended
in paragraph (a) by removing ``000859 and''.
7. Section 520.622b is amended by revising paragraph (b)(2) to read
as follows:
Sec. 520.622b Diethylcarbamazine citrate syrup.
* * * * *
(b)(1) * * *
(2) Sponsors. See No. 017030 for use as in paragraphs (b)(3)(ii)(a)
and (b)(3)(ii)(c) of this section.
* * * * *
Sec. 520.1520 [Removed]
8. Section 520.1520 Niclosamide tablets is removed.
Sec. 520.2022 [Removed]
9. Section 520.2022 Protokylol hydrochloride tablets is removed.
Sec. 520.2160a [Removed]
10. Section 520.2160a Styrylpyridinium, diethylcarbamazine tablets
is removed.
[[Page 34729]]
Sec. 520.2160b [Removed]
11. Section 520.2160b Styrylpyridinium chloride, diethylcarbamazine
(as base) is removed.
Sec. 520.2160c [Removed]
12. Section 520.2160c Styrylpyridinium, diethylcarbamazine edible
tablets is removed.
Sec. 520.2160d [Removed]
13. Section 520.2160d Styrylpyridinium, diethylcarbamazine film-
coated tablets is removed.
Sec. 520.2480 [Removed]
14. Section 520.2480 Triamcinolone tablets is removed.
Sec. 520.2520a [Amended]
15. Section 520.2520a Trichlorfon oral is amended in paragraph (b)
by removing the phrase ``Nos. 017800 and 000859'' and adding in its
place ``No. 017800''.
Sec. 520.2520c [Removed]
16. Section 520.2520c Trichlorfon oral liquid is removed.
Sec. 520.2520d [Removed]
17. Section 520.2520d Trichlorfon paste is removed.
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
18. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
Sec. 522.281 [Removed]
19. Section 522.281 Calcium disodium edetate injection is removed.
Sec. 522.740 [Removed]
20. Section 522.740 Disophenol sodium injection is removed.
Sec. 522.2022 [Removed]
21. Section 522.2022 Protokylol hydrochloride injection is removed.
Sec. 522.2480 [Removed]
22. Section 522.2480 Triamcinolone injection is removed.
PART 529--CERTAIN OTHER DOSAGE FORM NEW ANIMAL DRUGS
23. The authority citation for 21 CFR part 529 continues to read as
follows:
Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b).
Sec. 529.810 [Removed]
24. Section 529.810 Enflurane is removed.
PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS
25. The authority citation for 21 CFR part 558 continues to read as
follows:
Authority: Secs. 512, 701 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b, 371).
Sec. 558.185 [Amended]
26. Section 558.185 Coumaphos is amended by removing and reserving
paragraph (a)(1).
Sec. 558.367 [Removed]
27. Section 558.367 Niclosamide is removed.
Sec. 558.485 [Amended]
28. Section 558.485 Pyrantel tartrate is amended by removing and
reserving paragraph (a)(16).
Sec. 558.565 [Removed]
29. Section 558.565 Styrylpyridinium chloride, diethylcarbamazine
is removed.
Sec. 558.625 [Amended]
30. Section 558.625 Tylosin is amended by removing and reserving
paragraph (b)(72).
Sec. 558.630 [Amended]
31. Section 558.630 Tylosin and sulfamethazine is amended in
paragraph (b)(10) by removing ``012190,''.
Dated: June 3, 1996.
Michael J. Blackwell,
Acting Director, Center for Veterinary Medicine.
[FR Doc. 96-16886 Filed 7-2-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-16869 Office of the Assistant Secretary for Housing-Federal Housing Commissioner; Single Family Mortgage InsuranceLoss Mitigation Procedures
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 35014-35020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16869]
[[Page 35013]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Housing-Federal Housing
Commissioner; Single Family Mortgage Insurance; Loss Mitigation
Procedures; Interim Rule
_______________________________________________________________________
24 CFR Parts 203 and 206
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules
and Regulations
[[Page 35014]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Housing-Federal Housing
Commissioner; Single Family Mortgage Insurance--Loss Mitigation
Procedures
24 CFR Parts 203 and 206
[Docket No. FR-4032-I-01]
RIN 2502-AG72
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule amends 24 CFR part 203 to eliminate the
Mortgage Assignment Program and to provide that HUD may: recompense
mortgagees for using mortgage foreclosure alternatives, such as special
forbearance, loan modifications, and deeds in lieu of foreclosure; pay
the mortgagee a partial claim which would be applied to the arrearage
of a defaulted mortgage; and accept assignment of a mortgage which the
mortgagee has modified to cure the default.
DATES: Effective Date: August 2, 1996. Comments due date: September 3,
1996.
ADDRESSES: Interested persons are invited to submit comments regarding
this interim rule to the Rules Docket Clerk, Office of General Counsel,
Room 10278, Department of Housing and Urban Development, 451 Seventh
Street, S.W., Washington, D.C. 20410. Communications should refer to
the above docket number and title. A copy of each communication
submitted will be available for public inspection and copying between
7:30 a.m. and 5:30 p.m. weekdays at the above address. FAXED comments
will not be accepted.
FOR FURTHER INFORMATION CONTACT: Joseph McCloskey, Director, Single
Family Servicing Division, Room 9178, Department of Housing and Urban
Development, 451 7th Street, SW., Washington, DC 20410, (202) 708-1672,
or, TTY for hearing and speech impaired, (202) 708-4594. (These are not
toll-free numbers.)
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act Statement
The Department is seeking approval of the information collection
requirements contained in Sec. 203.605 by the Office of Management and
Budget in accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520). The OMB control number will be published in the
Federal Register upon approval. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless the collection displays a valid control number.
II. Background
Summary of Legislative Changes
This interim rule implements section 407 of The Balanced Budget
Downpayment Act, I (Pub. L. 104-99, approved January 26, 1996)
(Downpayment Act), which amended sections 204 and 230 of the National
Housing Act. The amendment of section 230 eliminated the current HUD
programs for Temporary Mortgage Assistance Payments and Assignment of
Mortgages at Secs. 203.640 - 203.660 of 24 CFR. This amendment did not
become effective until the passage of The Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Pub. L. 104-134, approved
April 26, 1996). However, this Appropriations Act provided that
mortgagors who had applied for relief under the Assignment Program
before April 26, 1996 will be governed by the requirements of section
230 before the amendments made by the Downpayment Act.
To continue to provide foreclosure alternatives for mortgagors, the
Downpayment Act amended sections 204 and 230 of the National Housing
Act to promote foreclosure alternatives and loss mitigation tools to be
used by mortgagees. Section 204 was amended to provide that the
Secretary may recompense mortgagees for their actions to provide
mortgage foreclosure alternatives, such as special forbearance, loan
modifications, and deeds in lieu of foreclosure. Section 230 was
amended to provide that the Secretary may pay the mortgagee a partial
claim which would be applied to the arrearage of a defaulted mortgage.
In addition, Section 230 was amended to provide that the Secretary may
accept assignment of a mortgage which the mortgagee has modified to
cure the default and where repooling of the loan is not possible. This
procedure is to be distinguished from forbearance relief for defaulted
loans, as well as from the former Mortgage Assignment Program. It
should be noted that the Downpayment Act permitted, but did not
require, the Secretary to establish these partial claim and assignment
procedures. Further, the Downpayment Act provided that no decision by
the Secretary to exercise or forego exercising his authority under
section 230 and the new authority under section 204 shall be subject to
judicial review.
Overview of HUD's Approach
The techniques to be employed under HUD's new foreclosure
alternatives/loss mitigation approach implemented by this rule will
include special forbearance plans, loan modifications, partial claims,
preforeclosure sales, deeds in lieu of foreclosure, and similar tools.
These approaches generally fall into two broad categories--(a) those
which (if utilized successfully) would result in curing the default and
retaining homeownership, and (b) those which would result in the
relinquishment of homeownership, by means of a sale to a third party or
by a voluntary conveyance of the property by deed in lieu of
foreclosure.
The Department has decided to implement a comprehensive approach
toward promoting alternatives to foreclosure, as well as loss
mitigation, which enhances lender flexibility in dealing with the
circumstances in which homeowners find themselves. This approach
describes a series of servicing actions and strategies that may be used
singly or in combination to meet those objectives; provides insurance
benefits to lenders that evaluate mortgagors with delinquent and
defaulted loans and choose appropriate steps which--when successful--
result in outcomes other than foreclosure of the mortgage; and
establishes the groundwork for Departmental monitoring of lenders'
efforts.
End of Assignment Program
In October, 1995, the General Accounting Office (GAO) issued a
report to Congress regarding HUD's Mortgage Assignment Program. After
analyzing over 68,000 mortgages assigned to HUD since 1989, the GAO
estimated that the loss to FHA per assigned mortgage would be $49,000,
compared to the estimated $27,000 FHA would have lost had the loan not
entered the Assignment Program. The GAO noted that to offset these
losses, FHA was required to charge higher mortgage insurance premiums
to new mortgagors. As a result of the GAO report, Congress, as
discussed above, has amended section 230 of the National Housing Act to
end the Mortgage Assignment Program with respect to the intake of new
applicants into that program. Therefore, references to the Assignment
Program are amended or removed accordingly in the following sections:
203.350, 203.355, 203.402a, 203.438, 203.500, 203.604, 203.606,
203.640-203.660, and 203.664-203.666.
[[Page 35015]]
Early Default Counseling
The Department emphasizes that early intervention coupled with the
use of default counseling are effective techniques for curing defaulted
mortgages. A successful servicing strategy by a mortgagee takes into
consideration each defaulted mortgage individually. Based on the
circumstances involved, the mortgagee executes a plan which will
eliminate the default and prevent a foreclosure. In an effort to
clarify misunderstandings of various alternatives available to
homeowners whose mortgages are in a defaulted status, and to reduce
delays in obtaining assistance, HUD Handbook 4330.1 REV-5,
Administration of Insured Home Mortgages, continues to require lenders
to refer those homeowners to HUD-approved housing counseling agencies
early in the default period.
Actions To Promote Foreclosure Alternatives/Loss Mitigation
Section 407(a) of the Downpayment Act amended section 204(a) of the
National Housing Act to provide that HUD may pay insurance benefits to
the mortgagee to recompense the mortgagee for its actions to provide an
alternative to the foreclosure of a mortgage that is in default. These
actions may include special forbearance, loan modification, and/or
deeds in lieu of foreclosure, all upon terms and conditions as the
mortgagee shall determine in the mortgagee's sole discretion, within
guidelines provided by HUD.
The current regulations already provide for most of these
foreclosure alternative or loss mitigation actions. Therefore,
Sec. 203.501 of the regulations, governing loss mitigation, is amended
to provide cross references to these various foreclosure alternative
actions available to mortgagees. To clarify that the claim file
requirements at Sec. 203.365(c) include claims involving these loss
mitigation actions, a new Sec. 203.605 is added to specify that
mortgagees must document that they have considered--beginning no later
than when three full monthly installments due on the mortgage are
unpaid, and continuing with monthly reevaluations while the loan
remains in default--all loss mitigation options to determine which, if
any, are appropriate before initiating foreclosure. In addition, a new
Sec. 203.412 is added to the regulations to provide that the Secretary
may pay insurance benefits to encourage mortgagees to pursue these loss
mitigation techniques.
Some of the provisions to promote loss mitigation are given a
delayed implementation date in the text of this interim rule to enable
the Department to consider any comments before making them effective in
a final rule. Thus, the reduction from nine to six months for taking
action upon default of a mortgage in Sec. 203.355, and the amendment to
the provision in Sec. 203.402(f) for varying the percentage of
foreclosure costs or the costs of acquiring a property that are
reimbursed, are made to apply only after March 1, 1997. Each of these
changes is discussed below in this preamble.
In certain cases foreclosure may be avoided where the mortgagor's
sale of the property is facilitated by the assumption of the mortgage
by a credit-worthy, owner-occupant purchaser. Although not included in
this interim rule, procedures to facilitate the use of assumptions as a
type of ``preforeclosure sale'' are being considered by HUD for future
implementation. Finally, this rule amends the regulations to provide
for the increased flexibility in the use of these foreclosure
alternative tools, as described below.
Reduction of Time for Taking Action
Concerning the reduction of the foreclosure initiation time frame
from nine months to six months, in 1991 the Department proposed to
reduce the time frame for lenders to initiate foreclosure from twelve
months to six months (56 Fed. Reg. 19212, April 25, 1991). Public
comments received indicated that the six-month deadline could not
reasonably be met due to several reasons including compliance with the
HUD Assignment Program, administrative matters, State law requirements
regarding notice, and the desire to encourage workout or forbearance
agreements with mortgagors.
The Department believes that the biggest obstacle to initiating
foreclosure within six months was the requirement to process borrower
applications for acceptance into the HUD Assignment Program. Since the
Assignment Program is no longer an option for those mortgagors who did
not apply for assignment relief on or before April 25, 1996, HUD now
believes that a shortened time frame is workable. As evidenced by this
rule, HUD also desires to encourage workout and forbearance agreements
with mortgagors. However, HUD believes that early intervention is
necessary for effective loss mitigation and that a workout must be
established before six months of arrearage has accumulated, wherever
possible.
With regard to State legal notice requirements, there should not be
a problem meeting the six month time frame, because under the new
procedures, HUD will generally permit mortgagees to make timely
preparations to initiate foreclosure, even while simultaneously
considering the various loss mitigation tools. Also, under current
regulations the foreclosure initiation time frame is stayed when the
mortgagor has entered into a special forbearance agreement or has
commenced participation in the pre-foreclosure sales procedure.
The Department specifically requests public comments on this
proposed time frame. The rule expressly provides for a delayed
implementation of the six-month time limit to permit notice and comment
on this change.
Varying the Percentage of Costs Reimbursed
Section 203.402(f) currently provides for \2/3\ reimbursement of
foreclosure and acquisition costs on mortgage insurance claims. This
regulation would amend that section to allow HUD to vary the percentage
of reimbursement by administrative issuance such as a Mortgagee Letter.
The percentage may be based on individual mortgagee performance in
mitigating loss. The Department specifically requests public comments
on this proposed change in reimbursement for foreclosure costs. The
rule has expressly provided for a delayed implementation of the
amendment in order to provide for notice and comment on this change.
The same change has also been incorporated into the Home Equity
Conversion Mortgage (HECM) rule at Sec. 206.129(d)(2)(ii).
1. Special Forbearance
Section 203.614 currently provides the conditions under which
mortgagees may enter into special forbearance agreements with
mortgagors. This interim rule amends Sec. 203.614 to provide lenders
with more flexibility in administering special forbearance, with the
exception that partial claims will not be permitted when forbearance is
extended for more than 18 months. Rather than including requirements in
the rule, HUD will provide special forbearance guidelines in Mortgagee
Letters and handbooks. A statutory requirement remains, pursuant to
section 204(a) of the National Housing Act, that a default must be due
to circumstances beyond the mortgagor's control for additional note
rate interest to be paid should a mortgage insurance claim be filed
after an unsuccessful special forbearance agreement.
In addition, Sec. 203.471, which provides for the conditions under
which mortgagees may enter into special forbearance agreements in the
case of 203(k) rehabilitation loans, is amended to be consistent with
the amendment to
[[Page 35016]]
Sec. 203.614. Finally, as noted above, a new Sec. 203.412 is added to
the regulations to provide, among other things, that HUD may pay the
mortgagee for its actions in entering into special forbearance
agreements under Sec. 203.614. At this time, HUD intends to issue a
Mortgagee Letter specifying that this amount will be $100.
2. Partial Claims
Section 407(b) of the Downpayment Act amended section 230(a) of the
National Housing Act to provide that the Secretary may establish a
program for payment of a partial claim to a mortgagee that agrees to
apply the claim amount to payment of a defaulted single family
mortgage. The amended section 230(a) provides that such payment shall
be in an amount determined by the Secretary, and shall not exceed an
amount equivalent to 12 monthly mortgage payments plus any costs
related to the default that are approved by the Secretary. In addition,
the amended section 230(a) provides that the mortgagor shall agree to
repay this amount to the Secretary, and that the Secretary may pay the
mortgagee in connection with any activities that the mortgagee is
required to undertake concerning repayment by the mortgagor of the
amount owed to the Secretary.
New Secs. 203.371 and 203.414 are added to the regulations to
provide that the mortgagee may apply for a partial claim after a period
of forbearance. The partial claim will be in the amount of the
arrearage accumulated during the forbearance period. The lender shall
apply this amount to the mortgage to bring it current and the mortgagor
shall be required to execute a subordinate mortgage in favor of the
Secretary in the amount of the partial claim. The forbearance period
may be extended until the arrearage equals the equivalent of 12 monthly
mortgage payments. The equivalent of twelve monthly payments for
mortgages with varying monthly payments, such as adjustable rate
mortgages (ARMS), graduated payment mortgages (GPMS) and growing equity
mortgages (GEMS), will be calculated by multiplying 12 times the
monthly mortgage payment due on the date of default. The Department
expects to issue guidelines to assure that such forbearances do not
extend beyond 18 calendar months. Similarly, guidelines will provide
that mortgagees may file a partial claim only after the borrower has
been delinquent for at least 4 months. Mitigation of losses through
forbearance with a subordinate mortgage would not be available to
borrowers who had the financial capacity to modify the mortgage or
obtain a new refinanced mortgage. Nor would this approach be available
to a mortgagor who could not make at least a full monthly mortgage
payment after the forbearance period.
It is expected that repayment terms of the subordinate mortgage
will vary depending on the income and debts of the mortgagor. The
subordinate mortgage may call for repayment commencing at a future date
before maturity of the insured mortgage, or may not require repayment
until a transfer of ownership of the property or payoff of the insured
mortgage. HUD guidelines will likely specify that subordinate mortgages
must be interest free.
Mortgagees can file for a partial claim under the new Sec. 203.414
if the mortgagor is able to resume full monthly payments, but not pay
off the arrearage. The claim amount will be the amount of the payments
in arrears, including costs related to the default as established by
HUD. The new regulation also permits the Secretary to require the
mortgagee to be responsible for servicing the subordinate mortgage and
provides that servicing mortgagees may be compensated for activities
that they perform on behalf of the Secretary.
3. Modifications/Recastings
Mortgagees currently have the authority under Sec. 203.616 of the
regulations to modify defaulted mortgages, in certain cases, for the
purpose of changing the amortization provisions by recasting the total
unpaid amount due over the remaining term of the mortgage, or over a
term extending not more than 10 years beyond the original maturity
date. In most cases, mortgagees cannot utilize this authority because
of secondary mortgage market restrictions. Approximately 95% of FHA-
insured mortgages are pooled in Government National Mortgage
Association (Ginnie Mae) mortgage backed securities. The pool
requirements prevent the mortgagee from keeping the mortgage in the
pool if the terms of the mortgage are modified. Thus, to modify the
terms of the mortgage, Ginnie Mae issuers must buy the mortgage out of
the Ginnie Mae pool.
Ginnie Mae requirements generally have prevented the repooling of a
modified mortgage if more than 24 months have elapsed since the date of
the first scheduled payment under the mortgage. To facilitate FHA's
loss mitigation efforts, Ginnie Mae has agreed to permit the removal of
mortgages that are 90 days or more past due from Ginnie Mae pools so
that the mortgages can be modified and repooled using the date of
modification of the mortgages as the origination date. Ginnie Mae will
provide its issuers with specific instructions and requirements for
this process. Therefore, HUD encourages mortgagees to make increased
use of loan modifications or recastings to avoid foreclosure and will
shortly provide detailed guidance in a Mortgagee Letter. A new
Sec. 203.412 is added to the regulations to provide, among other
things, that HUD may pay the mortgagee for its actions in modifying or
recasting the mortgage and repooling it. The payment would include
reimbursement for any necessary title examination and/or title
insurance policy endorsement.
In addition, Sec. 203.616 of the regulations is being amended to
allow recasting of mortgages even where the mortgage is not in default,
by agreement of the parties, although loss mitigation claims are
permitted only with respect to mortgages in default. This amendment
will allow willing mortgagees, especially state or local housing
authorities or portfolio lenders, to recast a mortgage where there may
be an imminent default if the mortgage is not recast, but where no
default has yet occurred. This procedure, in turn, can prevent adverse
impacts on mortgagors' credit ratings. A conforming amendment is made
to Sec. 203.342. The authority to allow recasting of mortgages where
the mortgage is not in default is based on the Secretary's inherent
broad authority to operate the insurance programs, and is not based on
the authority contained in sections 204 or 230 of the National Housing
Act, as amended. Those two sections generally refer only to mortgages
in default. It should be noted that, pursuant to the National Housing
Act, if a mortgage insurance claim is eventually filed, the unpaid
principal balance paid on the claim will be based on the modified
amount only where there had been a default caused by circumstances
beyond the mortgagor's control, as defined by the Secretary.
In rare circumstances, the mortgagee may not be able to repool the
modified or recast mortgage. In such situations, HUD will now be able
to approve the assignment to HUD of a mortgage modified after default.
Section 407(b) of the Downpayment Act amended section 230(b) of the
National Housing Act to provide that HUD may accept assignment of a
mortgage if the mortgage was in default and the mortgagee has modified
the mortgage to cure the default and to provide for mortgage payments
within the reasonable ability of the mortgagor to pay, at interest
rates not exceeding current market interest rates. HUD is also required
to arrange for servicing of the assigned mortgage by
[[Page 35017]]
a mortgagee, which may include the assigning mortgagee.
Section 203.350 of the regulations is amended to provide for
assignment of mortgages under the requirements just noted, and
Sec. 203.404 of the regulations is amended to provide for the amounts
the mortgagee will be reimbursed on such an assignment claim.
4. Pre-foreclosure Sales
Section 203.370 of the regulations, which provides for pre-
foreclosure sales, is amended to remove the reference to the now
obsolete Assignment Program. Section 203.402 of the regulations
currently provides in paragraphs (l) and (s) that HUD will reimburse
the mortgagee for the costs of an appraisal and a title search. Section
203.402(t) provides HUD will pay the mortgagee an administrative fee,
as authorized by the Secretary, for the mortgagee's role in
facilitating a successful pre-foreclosure sale. Presently, HUD is
reimbursing mortgagees for reasonable and customary costs of the
appraisal and title search, and $1,000 as the administrative fee for
each successful pre-foreclosure sale. The selling mortgagor is also
paid a consideration from gross sales proceeds of up to $1,000,
depending on the length of time it takes to close the sale. HUD intends
to continue these reimbursement amounts for the present, although they
are subject to change in the future.
5. Deeds in Lieu of Foreclosure
Section 203.402(p) of the regulations currently provides that in a
conveyance claim the Secretary will reimburse the mortgagee an amount
approved by the Secretary that was paid to the mortgagor as
consideration for the execution of a deed in lieu of foreclosure. This
amount is currently a maximum of $500. This interim rule amends
Sec. 203.402(p) to provide that the Secretary may also pay the
mortgagee an administrative fee for its role in facilitating a
successful deed in lieu of foreclosure. HUD intends to issue a
Mortgagee Letter specifying that this amount shall not exceed $250.
Also, this rule amends Sec. 203.402(s) to clarify that, as part of a
conveyance claim, HUD will reimburse the mortgagee for the cost of a
title search involved in determining whether it is feasible to accept a
deed in lieu of foreclosure. HUD intends to issue a Mortgagee Letter
specifying that this amount shall not exceed $250. This rule also
amends the Home Equity Conversion Mortgage (HECM) rule at
Sec. 206.129(d)(2)(i) to conform to the revised language of
Sec. 203.402(s).
III. Other Matters
Regulatory Planning and Review
This interim rule has been reviewed in accordance with Executive
Order 12866, issued by the President on September 30, 1993 (58 FR
51735, October 4, 1993). Any changes to the rule resulting from this
review are available for public inspection between 7:30 a.m. and 5:30
p.m. weekdays in the Office of the Rules Docket Clerk.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which implement section 102(2)(C) of the National Environmental Policy
Act of 1969. The Finding of No Significant Impact is available for
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the
Office of the Rules Docket Clerk.
Regulatory Flexibility Act
The Secretary, in accordance with provisions of the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this interim rule
before publication and by approving it certifies that it will not have
a significant economic impact on a substantial number of small
entities. Most of the economic impact of the interim rule will affect
the Department, which stands to benefit from the successful
implementation of the loss mitigation techniques addressed by the
interim rule.
Executive Order 12612, Federalism
HUD has determined, in accordance with Executive Order 12612,
Federalism, that this interim rule will not have a substantial, direct
effect on the States or on the relationship between the Federal
government and the States, or on the distribution of power or
responsibilities among the various levels of government, since the
interim rule involves primarily relationships between the Department
and private entities.
Executive Order 12606, The Family
HUD has determined that this interim rule would have only an
indirect impact on family formation, maintenance, and general well-
being within the meaning of Executive Order 12606, The Family, because
it would assist mortgagors in maintaining ownership of their
properties. To the extent such mortgagors consist of families, the
impact would be beneficial. As such, no further review is necessary.
Justification for Interim Rulemaking
The Omnibus Consolidated Rescissions and Appropriations Act of 1996
(the Act) directs the Department to issue interim regulations to
implement section 407 of the Downpayment Act within 30 days of the date
of enactment of the Act.
List of Subjects
24 CFR Part 203
Hawaiian Natives, Home improvement, Indians--lands, Loan programs--
housing and community development, Mortgage insurance, Reporting and
recordkeeping requirements, Solar energy.
24 CFR Part 206
Aged, Condominiums, Loan programs--housing and community
development, Mortgage insurance, Reporting and recordkeeping
requirements.
Accordingly, parts 203 and 206 of title 24 of the Code of Federal
Regulations are amended as follows:
PART 203--SINGLE FAMILY MORTGAGE INSURANCE
1. The authority citation for part 203 is revised to read as
follows:
Authority: 12 U.S.C. 1709, 1710, 1715b, and 1715u; 42 U.S.C.
3535(d).
2. Section 203.342 is revised to read as follows:
Sec. 203.342 Recasting of mortgage.
If a mortgage is recast pursuant to Sec. 203.616 subsequent to a
finding by the mortgagee that the default was due to circumstances
beyond the mortgagor's control, as defined by HUD, the principal amount
of the mortgage, as modified, shall be considered to be the ``original
principal balance of the mortgage'' as that term is used in
Sec. 203.401.
Sec. 203.350 [Removed]
3. In Sec. 203.350, the following are removed:
a. The ``Effective Date Note (1);
b. The ``Effective Date Note (2)'';
c. The second undesignated center heading ``ASSIGNMENT OF
MORTGAGE'';
d. The ``Effective Date Note (3);
e. All text of the second version of Sec. 203.350, which includes
paragraphs (a) through (d) and the information collection
parenthetical; and
f. The FR source ``[52 FR 6914, Mar. 5, 1987].
3a. In the remaining Sec. 203.350, the section heading and
paragraph (a) are revised, to read as follows:
[[Page 35018]]
Sec. 203.350 Assignment of mortgage.
(a) Assignment of modified mortgages pursuant to section 230,
National Housing Act. HUD may accept an assignment of any mortgage
covering a one-to-four family residence if the following requirements
are met:
(1) The mortgage was in default;
(2) The mortgagee has modified the mortgage under Sec. 203.616 to
cure the default and to provide for mortgage payments within the
reasonable ability of the mortgagor to pay, at an interest rate not
exceeding current market interest rates; and
(3) Such other conditions that HUD may prescribe, which may include
the requirement that the mortgagee continue to be responsible for
servicing the mortgage.
* * * * *
4. In Sec. 203.355:
a. The introductory text of paragraph (a) and paragraph (a)(2) are
revised;
b. Paragraphs (a)(3) through (a)(6) are added; and
c. Paragraphs (b), the introductory text of paragraph (c) and the
introductory text of paragraph (g) are revised; and
d. Paragraph (h) is added, to read as follows:
Sec. 203.355 Acquisition of property.
(a) In general. Upon default of a mortgage, except as provided in
paragraphs (b) through (h) of this section, the mortgagee shall take
one of the following actions within nine months from the date of
default, or within any additional time approved by the Secretary or
authorized by Secs. 203.345 or 203.346. For mortgages where the date of
default is on or after March 1, 1997, the mortgagee shall take one of
the following actions within six months of the date of default or
within such additional time approved by HUD or authorized by
Secs. 203.345 or 203.346:
* * * * *
(2) Enter into a special forbearance agreement under Sec. 203.614;
(3) Complete a refinance of the mortgage under Sec. 203.43(c);
(4) Complete a modification of the mortgage under Sec. 203.616;
(5) Complete an assumption under Sec. 203.512; or
(6) Commence foreclosure.
(b) Vacant or abandoned property. With respect to defaulted
mortgages on vacant or abandoned property, if the mortgagee discovers,
or should have discovered, that the property is vacant or abandoned,
the mortgagee must commence foreclosure within the later of 120 days
after the date the property became vacant, or 60 days after the date
the property is discovered, or should have been discovered, to be
vacant or abandoned; but no later than the number of months from the
date of default as provided in paragraph (a) of this section. The
mortgagee must not delay foreclosure on vacant or abandoned property
because of the requirements of Sec. 203.606.
(c) Prohibition of foreclosure within time limits. If the laws of
the State in which the mortgaged property is located, or Federal
bankruptcy law:
* * * * *
(g) Pre-foreclosure sale procedure. Within 60 days of the end of a
mortgagor's participation in the pre-foreclosure sale procedure, or
within the time limit described in paragraph (a) of this section,
whichever is later, if no closing of an approved pre-foreclosure sale
has occurred, the mortgagee must obtain a deed in lieu of foreclosure,
with title being taken in the name of the mortgagee or the Secretary,
or commence foreclosure. The end-of-participation date is defined as:
* * * * *
(h) Special forbearance. If the mortgagor fails to meet the
requirements of a special forbearance under Sec. 203.614 and the
failure continues for 60 days, the mortgagee must commence foreclosure
within the time limit described in paragraph (a) of this section or 90
days after the mortgagor's failure to meet the special forbearance
requirements.
Sec. 203.370 [Amended]
5. In Sec. 203.370, paragraph (c)(3) is removed, and paragraphs
(c)(4) and (c)(5) are redesignated as paragraphs (c)(3) and (c)(4).
6. A new Sec. 203.371 is added before the undesignated center
heading ``CONDITION OF PROPERTY'', to read as follows:
Sec. 203.371 Partial claim.
(a) General. Notwithstanding the conveyance, sale or assignment
requirements for payment of a claim elsewhere in this part, HUD will
pay partial FHA insurance benefits to mortgagees after a period of
forbearance, the maximum length of which HUD will prescribe, and in
accordance with this section.
(b) Requirements. The following conditions must be met for payment
of a partial claim:
(1) The mortgage has been delinquent for at least 4 months or such
other time prescribed by HUD;
(2) The amount of the arrearage has not exceeded the equivalent of
12 monthly mortgage payments;
(3) The mortgagor is able to resume making full monthly mortgage
payments;
(4) The mortgagor is not financially able to make sufficient
additional payments to repay the arrearage within a time specified by
HUD; and
(5) The mortgagor is not financially able to support monthly
mortgage payments on a modified mortgage or on a refinanced mortgage in
which the total arrearage is included.
(c) Repayment of the subordinate lien. The mortgagor must execute a
mortgage in favor of HUD with terms and conditions acceptable to HUD
for the amount of the partial claim under Sec. 203.414(a). HUD may
require the mortgagee to be responsible for servicing the subordinate
mortgage on behalf of HUD.
(d) Application for insurance benefits. Along with the prescribed
application for partial claim insurance benefits, the mortgagee shall
forward to HUD the original credit and security instruments required by
paragraph (c) of this section.
7. In Sec. 203.402, paragraphs (f), (p) and (s) are revised to read
as follows:
Sec. 203.402 Items included in payment--conveyed and non-conveyed
properties.
* * * * *
(f) Foreclosure costs or costs of acquiring the property otherwise
(including costs of acquiring the property by the mortgagee and of
conveying and evidencing title to the property to HUD, but not
including any costs borne by the mortgagee to correct title defects)
actually paid by the mortgagee and approved by HUD, in an amount not in
excess of two-thirds of such costs or $75, whichever is the greater.
For mortgages insured on or after March 1, 1997, the Secretary will
reimburse a percentage of foreclosure costs or costs of acquiring the
property, which percentage shall be determined in accordance with such
conditions as the Secretary shall prescribe. Where the foreclosure
involves a mortgage sold by the Secretary on or after August 1, 1969,
or a mortgage executed in connection with the sale of property by the
Secretary on or after such date, the mortgagee shall be reimbursed (in
addition to the amount determined under the foregoing) for any extra
costs incurred in the foreclosure as a result of a defect in the
mortgage instrument, or a defect in the mortgage transaction or a
defect in title which existed at or prior to the time the mortgage (or
its assignment by the Secretary) was filed for record, if the mortgagee
establishes to the satisfaction of the Commissioner
[[Page 35019]]
that such extra costs are over and above those customarily incurred in
the area.
* * * * *
(p) An amount approved by HUD and paid to the mortgagor as
consideration for the execution of a deed in lieu of foreclosure and,
if authorized by HUD, an administrative fee approved by HUD paid to the
mortgagee for its role in facilitating a successful deed in lieu of
foreclosure, not to be subject to the payment of debenture interest
thereon.
* * * * *
(s) Reasonable costs of the title search ordered by the mortgagee,
in accordance with procedures prescribed by HUD, to determine the
status of a mortgagor meeting all other criteria for approval to
participate in the pre-foreclosure sale procedure, or to determine if a
mortgagor meets the criteria for approval of the mortgagee's acceptance
of a deed in lieu of foreclosure.
* * * * *
Sec. 203.402a [Amended]
8. In Sec. 203.402a, paragraph (b)(1) is removed and paragraphs
(b)(2) and (b)(3) are redesignated as paragraphs (b)(1) and (b)(2).
9. In Sec. 203.404, paragraph (a)(3) is revised, and new paragraphs
(a)(5) and (a)(6) are added, to read as follows:
Sec. 203.404 Amount of payment--assigned mortgages.
* * * * *
(a) * * *
(3) Reimbursement for such costs and attorney's fees as HUD finds
were properly incurred in connection with the defaulted mortgage and
its modification and assignment to HUD.
* * * * *
(5) An administrative fee to the mortgagee for modifying the
mortgage.
(6) A fee for servicing the mortgage assigned to HUD, if HUD
requires such servicing.
* * * * *
10-11. New Secs. 203.412 and 203.414 are added before the
undesignated center heading ``CERTIFICATE OF CLAIM'', and Sec. 203.413
is reserved, to read as follows:
Sec. 203.412 Payment for foreclosure alternative actions.
Notwithstanding the conveyance, sale, or assignment requirements
for payment of a claim elsewhere in this part, HUD may pay the
mortgagee, in accordance with procedures prescribed by HUD, for the
following foreclosure alternative actions, in such amounts as HUD
determines:
(a) Assumptions under Sec. 203.512;
(b) Special forbearance under Secs. 203.471 and 203.614;
(c) Recasting or modification of defaulted mortgages under
Sec. 203.616, where the mortgagee is not reimbursed under
Sec. 203.405(a);
(d) Refinancing under Sec. 203.43(c).
Sec. 203.413 [Reserved]
Sec. 203.414 Amount of payment--partial claims.
(a) Claim amount. Where a claim for partial insurance benefits is
filed in accordance with Sec. 203.371, the amount of the insurance
benefits shall consist of the arrearage accumulated during the
forbearance period, not to exceed an amount equivalent to 12 monthly
mortgage payments, and any costs prescribed by HUD related to the
default.
(b) Servicing fee. The claim may also include a payment for
activities, such as servicing the subordinate mortgage, which HUD may
require.
12. In Sec. 203.438, paragraph (c) is revised to read as follows:
Sec. 203.438 Mortgages on Indian land insured pursuant to section 248
of the National Housing Act.
* * * * *
(c) Foreclosure by HUD. HUD may initiate foreclosure proceedings
with respect to any mortgage acquired under this section in a tribal
court, a court of competent jurisdiction or Federal district court. If
the mortgagor remains on the property following foreclosure, HUD may
seek an eviction order from the court hearing the foreclosure action.
13. Section 203.471 is revised to read as follows:
Sec. 203.471 Special forbearance.
If the mortgagee finds that a default is due to circumstances
beyond the mortgagor's control, as defined by the Secretary, the
mortgagee may grant special forbearance relief to the mortgagor in
accordance with the conditions prescribed by the Secretary.
14. In Sec. 203.473 paragraph (a) is revised to read as follows:
Sec. 203.473 Claim procedure.
(a) A claim for insurance benefits on a loan secured by a first
mortgage shall be made, and insurance benefits shall be paid, as
provided in Secs. 203.350 through 203.414.
* * * * *
15. Section 203.500 is revised to read as follows:
Sec. 203.500 Mortgage servicing generally.
This subpart identifies servicing practices of lending institutions
that HUD considers acceptable for mortgages insured by HUD. Failure to
comply with this subpart shall not be a basis for denial of insurance
benefits, but a pattern of refusal or failure to comply will be cause
for withdrawal of HUD's approval of a mortgagee. It is the intent of
the Department that no mortgagee commence foreclosure or acquisition of
a property until the requirements of this subpart have been followed.
16. Section 203.501 is amended by adding at the end of the section
the following two sentences:
Sec. 203.501 Loss mitigation.
* * * Such actions include, but are not limited to, deeds in lieu
of foreclosure under Sec. 203.357, pre-foreclosure sales under
Sec. 203.370, partial claims under Sec. 203.414, assumptions under
Sec. 203.512, special forbearance under Secs. 203.471 and 203.614, and
recasting of mortgages under Sec. 203.616. HUD may prescribe conditions
and requirements for the appropriate use of these loss mitigation
actions, concerning such matters as owner-occupancy, extent of previous
defaults, prior use of loss mitigation, and evaluation of the
mortgagor's income, credit and property.
17. In Sec. 203.552, paragraph (a) introductory text is revised to
read as follows:
Sec. 203.552 Fees and charges after endorsement.
(a) The mortgagee may collect reasonable and customary fees and
charges from the mortgagor after insurance endorsement only as provided
in this paragraph (a). The mortgagee may not collect these fees or
charges from the mortgagor if the mortgagee has been or will be
reimbursed by the Secretary for the services for which the fees or
charges are assessed.
* * * * *
Sec. 203.604 [Amended]
18. In Sec. 203.604, paragraphs (e)(2) (iii) and (iv) are removed,
and paragraph (e)(2)(v) is redesignated as paragraph (e)(2)(iii).
19. A new Sec. 203.605 is added to read as follows:
Sec. 203.605 Loss mitigation evaluation.
No later than when three full monthly installments due on the
mortgage are unpaid, the mortgagee shall evaluate all of the loss
mitigation techniques provided at Sec. 203.501 to determine which, if
any, are appropriate, and shall reevaluate monthly thereafter. The
mortgagee shall maintain documentation of such evaluations. Should a
claim for mortgage insurance benefits later be filed, the mortgagee
shall maintain this documentation in
[[Page 35020]]
the claim file under the requirements of Sec. 203.365(c).
20. In Sec. 203.606, paragraph (a) is amended by adding at the end
the following sentence, and the introductory text of paragraph (b) is
revised, to read as follows:
Sec. 203.606 Pre-foreclosure review.
(a) * * * In addition, prior to initiating any action required by
law to foreclose the mortgage, the mortgagee shall notify the mortgagor
in a format prescribed by the Secretary that the mortgagor is in
default and the mortgagee intends to foreclose unless the mortgagor
cures the default.
(b) If the mortgagee determines that any of the following
conditions has been met, the mortgagee may initiate foreclosure without
the delay in foreclosure required by paragraph (a) of this section:
* * * * *
21. Section 203.614 is revised to read as follows:
Sec. 203.614 Special forbearance.
If the mortgagee finds that a default is due to circumstances
beyond the mortgagor's control, as defined by HUD, the mortgagee may
grant special forbearance relief to the mortgagor in accordance with
the conditions prescribed by HUD.
22. Section 203.616 is revised to read as follows:
Sec. 203.616 Recasting of mortgage.
The mortgagee may modify a mortgage for the purpose of changing the
amortization provisions by recasting the total unpaid amount due over
the remaining term of the mortgage or a term not exceeding 360 months.
The mortgagee must notify HUD of such modification in a format
prescribed by HUD within 30 days of the execution of the modification
agreement.
Secs. 203.640 through 203.660 [Removed]
23. All versions of Secs. 203.640 through 203.660 are removed.
24. Section 203.664 is revised to read as follows:
Sec. 203.664 Processing defaulted mortgages on property located on
Indian land.
Before a mortgagee requests that the Secretary accept assignment
under Sec. 203.350(b) of a mortgage insured pursuant to section 248 of
the National Housing Act (Sec. 203.43h), the mortgagee must submit
documents showing that the requirements of Sec. 203.604 have been met.
25. Section 203.665 is revised to read as follows:
Sec. 203.665 Processing defaulted mortgages on property located on
Hawaiian home lands.
Before a mortgagee requests the Secretary to accept assignment
under Sec. 203.350(c) of a mortgage insured pursuant to section 247 of
the National Housing Act (Sec. 203.43i), the mortgagee must submit
documents showing that the requirements of Sec. 203.604 have been met.
26. In Sec. 203.666 paragraph (b) is revised, and paragraphs (c)
and (d) are removed, to read as follows:
Sec. 203.666 Processing defaulted mortgages on property in Allegany
Reservation of Seneca Nation of Indians.
* * * * *
(b) Claims through assignment. Before a mortgagee requests the
Secretary to accept assignment under Sec. 203.350(d) the mortgagee must
submit documents showing that the requirements of Sec. 203.604 have
been met.
PART 206--HOME EQUITY CONVERSION MORTGAGE INSURANCE
27. The authority citation for part 206 continues to read as
follows:
Authority: 12 U.S. C. 1715b, 1715z-1720; 42 U.S.C. 3535(d).
28. In Sec. 206.129, paragraphs (d)(2)(i) and (d)(2)(ii) are
revised to read as follows:
Sec. 206.129 Payment of claim.
* * * * *
(d) * * *
(2)(i) Items listed in Sec. 203.402 (a), (b), (c), (d), (e), (g),
(j), and (s), and Sec. 204.322(l) of this chapter.
(ii) Foreclosure costs or costs of acquiring the property actually
paid by the mortgagee and approved by HUD, in an amount not in excess
of two-thirds of such costs or $75, whichever is the greater. For
mortgages insured after March 1, 1997, HUD may reimburse a percentage
of foreclosure costs or costs of acquiring the property, which
percentage shall be determined in accordance with such conditions as
HUD shall prescribe.
* * * * *
Dated: June 5, 1996.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 96-16869 Filed 7-2-96; 8:45 am]
BILLING CODE 4210-27-P
Complete official Federal Register PDF
FR Doc. 96-16859 Potassium Citrate; Tolerance Exemption
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34739-34741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16859]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300420A; FRL-5381-5]
RIN 2070-AB78
Potassium Citrate; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document establishes an exemption from the requirement of
a tolerance for residues of potassium citrate (CAS Reg. No. 866-84-2),
when used as an inert ingredient (chelating agent and pH control) in
pesticide formulations applied to growing crops, raw agricultural
commodities after harvest and animals. This regulation was requested by
Monsanto Company and Zeneca Ag Products, pursuant to the Federal Food,
Drug, and Cosmetic Act (FFDCA).
EFFECTIVE DATE: This regulation becomes effective July 3, 1996.
ADDRESSES: Written objections, identified by the document control
number, [OPP-300420A] may be submitted to: Hearing Clerk (1900),
Environmental Protection Agency, Rm. M3708, 401 M St., SW., Washington,
DC 20460. A copy of any objections and hearing requests filed with the
Hearing Clerk should be identified by the document control number and
submitted to: Public Response and Program Resources Branch, Field
Operations Division (7506C), Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
In person, bring copy of objections and hearing request to: Rm. 1132,
CM#2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. Fees accompanying
objections shall be labeled ``Tolerance Petition Fees'' and forwarded
to: EPA Headquarters Accounting Operations Branch, OPP (Tolerance
Fees), P.O. Box 360277M, Pittsburgh, PA 15251.
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending electronic mail
(e-mail) to: [email protected]. Copies of objections and
hearing requests must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption. Copies of objections and
hearing requests will also be accepted on disks in WordPerfect in 5.1
file format or ASCII file format. All copies of objections and hearing
requests in electronic form must be identified by the docket number
[OPP-300420A]. No ``Confidential Business Information'' (CBI) should be
submitted through e-mail. Electronic comments on this proposed rule may
be filed online at many Federal Depository Libraries. Additional
information on electronic submissions can be found below in this
document.
FOR FURTHER INFORMATION CONTACT: By mail: Amelia M. Acierto,
Registration Support Branch, Registration Division (7505W), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. Office location and telephone number: Westfield
Building North, 6th Fl., 2800 Crystal Drive, Arlington, VA 22202, (703)
308-8375; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of April 10, 1996
(61 FR 15915), EPA issued a proposed rule (FRL-5361-2) gave notice that
Monsanto Company, 700 14th Street, NW., Washington, DC 20005 had
submitted pesticide petition (PP) 6E4607 and Zeneca Ag Products, 1800
Concord Pike, Wilmington, DE 19850-5458 had submitted pesticide
petition (PP) 6E4637 to EPA requesting that the
[[Page 34740]]
Administrator, pursuant to section 408(e) of the Federal Food, Drug,
and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e), propose to amend 40 CFR
180.1001(c) and (e) by establishing an exemption from the requirement
of a tolerance for residues of potassium citrate (CAS Reg. No. 866-84-
2) when used as an inert ingredient (chelating agent and pH control) in
pesticide formulations applied to growing crops, raw agricultural
commodities after harvest and animals.
Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125, and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted relevant to the proposal and other relevant
material have been evaluated and discussed in the proposed rule. Based
on the data and information considered, the Agency concludes that the
tolerance exemption will protect the public health. Therefore, the
tolerance exemption is established as set forth below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections and/or request a hearing with the Hearing Clerk, at
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk should be submitted to
the OPP docket for this rulemaking. The objections submitted must
specify the provisions of the regulation deemed objectionable and the
grounds for the objections (40 CFR 178.25). Each objection must be
accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is
requested, the objections must include a statement of the factual
issue(s) on which a hearing is requested, the requestor's contentions
on such issues, and a summary of any evidence relied upon by the
objector (40 CFR 178.27). A request for a hearing will be granted if
the Administrator determines that the material submitted shows the
following: There is a genuine and substantial issue of fact; there is a
reasonable possibility that available evidence identified by the
requestor would, if established, resolve one or more of such issues in
favor of the requestor, taking into account uncontested claims or facts
to the contrary; and resolution of the factual issue(s) in the manner
sought by the requestor would be adequate to justify the action
requested (40 CFR 178.32).
A record has been established for this rulemaking under docket
number [OPP-300420A] (including objections and hearing requests
submitted electronically as described below). A public version of this
record, including printed, paper versions of electronic comments, which
does not include any information claimed as CBI is available for public
inspection from 8 a.m. to 4:30 p.m.,Monday through Friday, excluding
legal holidays. The public record is located in Room 1132 of the Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
Crystal Mall 1B2, 1921 Jefferson Davis Highway, Arlington, VA.
A copy of electronic objections and hearing requests filed with the
Hearing Clerk can be sent directly to EPA at:
[email protected]
A copy of electronic objections and hearing requests filed with the
Hearing Clerk must be submitted as an ASCII file avoiding the use of
special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer all comments received electronically into printed,
paper form as they are received and will place the paper copies in the
official rulemaking record which will also include all comments
submitted directly in writing. The official rulemaking record is the
paper record maintained at the address in ``ADDRESSES'' at the
beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to all the requirements of the Executive Order
(i.e., Regulatory Impact Analysis, review by the Office of Management
and Budget (OMB)). Under section 3(f), the order defines
``significant'' as those actions likely to lead to a rule (1) having an
annual effect on the economy of $100 million or more, or adversely and
materially affecting a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities (also known as
``economically significant''); (2) creating serious inconsistency or
otherwise interfering with an action taken or planned by another
agency; (3) materially altering the budgetary impacts of entitlement,
grants, user fees, or loan programs; or (4) raising novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in this Executive Order.
Pursuant to the terms of this Executive Order, EPA has determined
that this rule is not ``significant'' and is therefore not subject to
OMB review.
This action does not impose any enforceable duty, or contain any
``unfunded mandates'' as described in Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993),
entitled Enhancing the Intergovernmental Partnership, or special
consideration as required by Executive Order 12898 (59 FR 7629,
February 16, 1994).
Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Title II of Pub. L. 104-121, 110 Stat. 847), EPA submitted
a report containing this rule and other required information to the
U.S. Senate, the U.S. House of Representatives and the Comptroller
General of the General Accounting Office prior to publication of the
rule in today's Federal Register. This rule is (is not) a ``major
rule'' as defined by 5 U.S.C. 804(2) of the APA as amended.
Pursuant to the requirements of the Regulatory Flexibility Act (5
U.S.C. 601-612), the Administrator has determined that regulations
establishing new tolerances or raising tolerance levels or establishing
exemptions from tolerance requirements do not have a significant
economic impact on a substantial number of small entities. A
certification statement to this effect was published in the Federal
Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
[[Page 34741]]
Dated: June 24, 1996.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. In Sec. 180.1001 the table to paragraph (c) and (e) is amended
by adding alphabetically the inert ingredient, to read as follows:
Sec. 180.1001 Exemptions from the requirement of a tolerance.
* * * * *
(c) * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Potassium citrate (CAS Reg. Chelating agent, pH
No. 866-84-2). control
* * * * * * *
------------------------------------------------------------------------
(e) * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Potassium citrate (CAS Reg. Chelating agent, pH
No. 866-84-2). control
* * * * * * *
------------------------------------------------------------------------
[FR Doc. 96-16859 Filed 7-2-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-16857 Pentaerythritol Stearates; Tolerance Exemption
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34741-34743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16857]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300419A; FRL-5381-2]
RIN 2070-AB78
Pentaerythritol Stearates; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document establishes an exemption from the requirement of
a tolerance for residues of a mixture of chemicals known as
pentaerythritol stearates (CAS Reg. No. 85116-93-4), which include
pentaerythritol monostearate (CAS Reg. No. 78-23-9), pentaerythritol
distearate (CAS Reg. No. 13081-97-5), pentaerythritol tristearate (CAS
Reg. No. 28188-24-1), and pentaerythritol tetrastearate (CAS Reg. No.
115-83-3) when used as an inert ingredient (emulsifier) at a
concentration of no more than 25 ppm in pesticide formulations applied
to growing crops and to raw agricultural commodities after harvest.
This regulation was requested by Wacker Silicones Corporation, pursuant
to the Federal Food, Drug, and Cosmetic Act (FFDCA).
EFFECTIVE DATE: This regulation becomes effective July 3, 1996.
ADDRESSES: Written objections, identified by the docket number, [OPP-
300419A] may be submitted to: Hearing Clerk (1900), Environmental
Protection Agency, Rm. M3708, 401 M St., SW., Washington, DC 20460. A
copy of any objections and hearing requests filed with the Hearing
Clerk should be identified by the docket number and submitted to:
Public Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. In person, bring copy of
objections and hearing request to: Rm. 1132, CM#2, 1921 Jefferson Davis
Hwy., Arlington, VA 22202. Fees accompanying objections shall be
labeled ``Tolerance Petition Fees'' and forwarded to: EPA Headquarters
Accounting Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M,
Pittsburgh, PA 15251.
A copy of objections and hearing requests filed with the Hearing
Clerk may also be submitted electronically by sending electronic mail
(e-mail) to: [email protected].
Copies of objections and hearing requests must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Copies of objections and hearing requests will also be
accepted on disks in WordPerfect 5.1 file format or ASCII file format.
All copies of objections and hearing requests in electronic form must
be identified by the docket number (OPP-300419A). No ``Confidential
Business Information'' (CBI) should be submitted through e-mail.
Electronic comments on this proposed rule may be filed online at many
Federal Depository Libraries. Additional information on electronic
submissions can be found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Amelia M. Acierto,
Registration Support Branch, Registration Division (7505W), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. Office location and telephone number: Westfield
Building North, 6th Fl., 2800 Crystal Drive, Arlington, VA 22202, (703)
308-8375; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of April 17, 1996
(61 FR 16747), EPA issued a proposed rule (FRL-5355-7), gave notice
that Wacker Silicones Corporation, 3301 Sutton Road, Adrian, Michigan
49221-9397 had submitted pesticide petition (PP) 4E4378 to EPA
requesting that the Administrator, pursuant to section 408(e) of the
Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e),
propose to amend 40 CFR 180.1001(c) by establishing an exemption from
the requirement of a tolerance for residues of a mixture of chemicals
known as pentaerythritol stearates (pentaerythritol monostearate (CAS
Reg. No. 78-23-9), pentaerythritol distearate (CAS Reg. No. 13081-97-
5), pentaerythritol tristearate (CAS Reg. No. 28188-24-1) and
pentaerythritol tetrastearate (CAS Reg. No. 115-83-3) when used as an
inert ingredient (emulsifier) in pesticide formulations applied to
growing crops or to raw agricultural commodities after harvest.
[[Page 34742]]
Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125, and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
There were no comments or requests for referral to an advisory
committee received in response to the proposed rule.
The data submitted relevant to the proposal and other relevant
material have been evaluated and discussed in the proposed rule. Based
on the data and information considered, the Agency concludes that the
tolerance exemption will protect the public health. Therefore, the
tolerance exemption is established as set forth below.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections and/or request a hearing with the Hearing Clerk, at
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk should be submitted to
the OPP docket for this rulemaking. The objections submitted must
specify the provisions of the regulation deemed objectionable and the
grounds for the objections (40 CFR 178.25). Each objection must be
accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is
requested, the objections must include a statement of the factual
issue(s) on which a hearing is requested, the requestor's contentions
on such issues, and a summary of any evidence relied upon by the
objector (40 CFR 178.27). A request for a hearing will be granted if
the Administrator determines that the material submitted shows the
following: There is a genuine and substantial issue of fact; there is a
reasonable possibility that available evidence identified by the
requestor would, if established, resolve one or more of such issues in
favor of the requestor, taking into account uncontested claims or facts
to the contrary; and resolution of the factual issue(s) in the manner
sought by the requestor would be adequate to justify the action
requested (40 CFR 178.32).
A record has been established for this rulemaking under docket
number (OPP-300419A) (including objections and hearing requests
submitted electronically as described below). A public version of this
record, including printed, paper versions of electronic comments, which
does not include any information claimed as CBI is available for public
inspection from 8 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The public record is located in Room 1132 of the Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Electronic comments may be sent directly to EPA at:
[email protected].
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any copies of objections and hearing requests
received electronically into printed, paper form as they are received
and will place the paper copies in the official rulemaking record which
will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
Virginia address in ``ADDRESSES'' at the beginning of this document.
Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency
must determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. Under section 3(f),
the order defines a ``significant regulatory action'' as an action that
is likely to result in a rule (1) having an annual effect on the
economy of $100 million or more, or adversely and materially affecting
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities (also referred to as ``economically
significant''); (2) creating serious inconsistency or otherwise
interfering with an action taken or planned by another agency; (3)
materially altering the budgetary impacts of entitlement, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raising novel legal or policy issues arising out of
legal mandates, the President's priorities, or the principles set forth
in this Executive Order. Pursuant to the terms of the Executive Order,
EPA has determined that this rule is not ``significant'' and is
therefore not subject to OMB review.
This action does not impose any enforceable duty, or contain any
``unfunded mandates'' as described in Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993),
entitled Enhancing the Intergovernmental Partnership, or special
consideration as required by Executive Order 12898 (59 FR 7629,
February 16, 1994).
Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Title II of Pub. L. 104-121, 110 Stat. 847), EPA submitted
a report containing this rule and other required information to the
U.S. Senate, the U.S. House of Representatives and the Comptroller
General of the General Accounting Office prior to publication of the
rule in today's Federal Register. This rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2) of the APA as amended.
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances or raising
tolerance levels or establishing exemptions from tolerance requirements
do not have a significant economic impact on a substantial number of
small entities. A certification statement to this effect was published
in the Federal Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: June 24, 1996.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
[[Page 34743]]
2. The table in Sec. 180.1001(c) is amended by adding
alphabetically the inert ingredient, to read as follows:
Sec. 180.1001 Exemptions from the requirement of a tolerance.
* * * * *
(c) * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Pentaerythritol stearates No more than 25 Emulsifier
mixture (CAS Reg. No. 85116- ppm in
93-4) which include pesticide
pentaerythritol monostearate formulations.
(CAS Reg. No. 78-23-9),
pentaerythritol distearate
(CAS Reg. No. 13081-97-5),
pentaerythritol tristearate
(CAS Reg. No. 28188-24-1)
and pentaerythritol
tetrastearate (CAS Reg. No.
115-83-3).
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 96-16857 Filed 7-2-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-16850 Chesapeake Bay Off Fort Monroe, VA, and Canaveral Harbor Adjacent to the Navy Pier at Port Canaveral, FL; Restricted Areas, and Pacific Ocean, Hawaii, Danger Zones
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34732-34733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16850]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army
Corps of Engineers
33 CFR Part 334
Chesapeake Bay Off Fort Monroe, VA, and Canaveral Harbor Adjacent
to the Navy Pier at Port Canaveral, FL; Restricted Areas, and Pacific
Ocean, Hawaii, Danger Zones
AGENCY: U.S. Army Corps of Engineers, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Corps is amending the regulations which establish a
restricted area in the waters off of Fort Monroe, Virginia, which is
located at Hampton Roads in the Chesapeake Bay. The purpose of the
amendment is to increase the size of the restricted area to protect
sensitive test equipment operated by the Navy in that area. The
equipment is susceptible to damage by commercial fishing vessels,
anchoring and dragging. The Corps is amending the regulations which
establish a restricted area in Canaveral Harbor in the waters adjacent
to the Navy pier at Port Canaveral, Florida. This amendment concerns
the replacement of a warning light system in the Canaveral area. The
change is necessary because the existing rules refer to the display of
a nonexistent red ball and the Port Canaveral water tower which has
been dismantled. The marker light has been relocated. The Corps is also
making several editorial changes to the regulations which establish
danger zones in the waters offshore of Hawaii. The amendments reflect a
change in the use of a danger zone and the identity of the Agency
responsible for enforcement of the regulations. The changes are being
made as a result of an ongoing review of the regulations.
EFFECTIVE DATE: August 2, 1996.
ADDRESSES: HQUSACE, CECW-OR, Washington, D.C. 20314-1000.
FOR FURTHER INFORMATION CONTACT:
Mr. Ralph Eppard, Regulatory Branch, CECW-OR at (202) 761-1783, or
questions concerning the Fort Monroe restricted area may be directed to
Ms. Alice G. Riley of the Norfolk District at (804) 441-7389, and
questions concerning the Port Canaveral restricted area may be directed
to Ms. Shirley Stokes of the Jacksonville District at (904) 232-1668.
SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33
U.S.C. 3), the Corps is amending the regulations in 33 CFR Part
334.360, 334.530 and 334.1340.
The Commanding Officer, Naval Surface Warfare Center, Dahlgren
Detachment, Fort Monroe, Virginia has requested an amendment to the
regulations in 33 CFR 334.360, which establish a restricted area in the
Chesapeake Bay off Fort Monroe, Virginia. In addition, the Commanding
Officer, Naval Ordnance Test Unit, Cape Canaveral, Florida, has
requested an amendment to the restricted area regulations in 33 CFR
334.530 to delete a reference to a red warning light on a water tower
and refer in its place to a new warning light system. We published
these proposed amendments to the regulations in the notice of proposed
rulemaking section of the Federal Register on February 27, 1996, with
the comment period expiring on April 12, 1996 (61 FR 7231-7132). We
received no comments in response to the proposed rule. The Commander,
Naval Base, Pearl Harbor has requested that minor editorial changes be
made to the regulations which establish several danger zones in the
waters offshore of Hawaii to remove obsolete material. The title of the
danger zone in 33 CFR 1340(a)(4) is changed from ``Aerial bombing and
naval shore bombardment area, Kahoolawe Island Hawaii'' to ``Submerged
unexploded ordnance danger zone, Kahoolawe Island, Hawaii'' and the
enforcing authority in paragraph (c) is changed from ``Commander, Third
Fleet, Pearl Harbor'' to ``Commander, Naval Base, Pearl Harbor, Hawaii
96860-5020.'' These amendments to the danger zones in 33 CFR 334.1340
are being promulgated without being published as proposed rules with
opportunity for public comment because the changes are editorial in
nature and since the revisions do not change the boundaries or increase
or decrease the restrictions on the public's use or entry into the
designated danger zones, the changes will have practically no effect on
the public, and accordingly, public comment is unnecessary and
impractical.
Economic Assessment and Certification
This final rule is issued with respect to a military function of
the Defense Department and the provisions of Executive Order 12866 do
not apply. This final rule has been reviewed under the Regulatory
Flexibility Act (Pub. L. 96-354), which requires the preparation of a
regulatory flexibility analysis for any regulation that will have a
significant economic impact on a substantial number of small entities
(i.e., small businesses and small governments). The Corps expects that
the economic impact of the changes to the restricted areas will have
practically no impact on the public, no anticipated navigational hazard
or interference with existing waterway traffic and accordingly,
certifies that this final rule will have no significant economic impact
on small entities.
National Environmental Policy Act Certification
An environmental assessment has been prepared for each of these
actions. We have concluded, based on the minor nature of these
amendments, that these amendments to danger zones and restricted areas
will not have a significant impact to the human environment, and
preparation of an environmental impact statement is not required.
Copies of the environmental assessment may be reviewed at the District
Offices listed at the end of SUPPLEMENTARY INFORMATION, above.
List of Subjects in 33 CFR Part 334
Navigation (water), Transportation, Danger Zones.
[[Page 34733]]
For the reasons set out in the preamble, 33 CFR Part 334 is amended
as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
1. The authority citation for Part 334 continues to read as
follows:
Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
2. Section 334.360 is amended by revising paragraphs (a) and (b)(1)
to read as follows:
Sec. 334.360 Chesapeake Bay off Fort Monroe, Virginia; restricted
area, U.S. Naval Base and Naval Surface Weapons Center.
(a) The area. Beginning at latitude 37 deg.01'03'', longitude
076 deg.17'52''; thence to latitude 37 deg.01'00'', longitude
076 deg.16'11''; thence to latitude 36 deg.59'43'', longitude
076 deg.16'11''; thence to latitude 36 deg.59'18'', longitude
076 deg.17'52''; thence to latitude 37 deg.00'05'', longitude
076 deg.18'18''; thence north along the seawall to the point of
beginning.
(b) The regulations. (1) Anchoring, trawling, fishing and dragging
are prohibited in the restricted area, and no object, either attached
to a vessel or otherwise, shall be placed on or near the bottom unless
authorized by the Facility Manager, Naval Surface Warfare Center,
Dahlgren Division Coastal Systems Station Detachment, Fort Monroe,
Virginia.
* * * * *
3. Section 334.530 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 334.530 Canaveral Harbor adjacent to the Navy Pier at Port
Canaveral, Fla.; restricted area.
* * * * *
(b) * * *
(2) The area will be closed when a red square flag (bravo), and
depending on the status of the hazardous operation, either an amber or
red beacon, steady burning or rotating, day or night, when displayed
from any of the three berths along the wharf.
* * * * *
4. Section 334.1340 is amended by redesignating paragraphs (a)(3)
and (a)(4) as paragraphs (a)(1) and (a)(2), respectively, revising the
heading of newly designated paragraph (a)(2), and revising paragraph
(c) to read as follows:
Sec. 334.1340 Pacific Ocean, Hawaii; danger zones.
(a) Danger zones. (1) * * *
(2) Submerged unexploded ordnance danger zone, Kahoolawe Island,
Hawaii. * * *
* * * * *
(c) Enforcing agency. The regulations in this section shall be
enforced by Commander, Naval Base, Pearl Harbor, Hawaii 96860-5020, and
such agencies as he/she may designated.
Dated: June 19, 1996.
Stanley G. Genega,
Major General, U.S. Army, Director of Civil Works.
[FR Doc. 96-16850 Filed 7-2-96; 8:45 am]
BILLING CODE 3710-92-M
Complete official Federal Register PDF
FR Doc. 96-16808 Aviation Economic Regulations: Updates and Corrections
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34724-34726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16808]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Parts 211 and 213
RIN 2105-AC53
Aviation Economic Regulations: Updates and Corrections
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department is amending 14 CFR Parts 211 and 213 to
eliminate obsolete provisions and references, to conform citations to
the recodification by Pub. L. 103-272 of the Federal Aviation Act and
other transportation statutes, and to update organizational titles.
EFFECTIVE DATE: The rule shall become effective on August 2, 1996.
FOR FURTHER INFORMATION CONTACT: George L. Wellington, Chief, Foreign
Air Carrier Licensing Division (X-45), Office of International
Aviation, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590, (202) 366-2388.
SUPPLEMENTARY INFORMATION: In his Regulatory Reinvention Initiative
Memorandum of March 4, 1995, President Clinton directed Federal
agencies to conduct a page-by-page review of all of their regulations
and to ``eliminate or revise those that are outdated or otherwise in
need of reform.'' In response to that directive, the Department has
undertaken a review of its aviation economic regulations as contained
in 14 CFR Chapter II. This rule is one result of those efforts.
This rule eliminates obsolete provisions and references, conforms
citations to the recodification by Pub. L. 103-272 of the Federal
Aviation Act and other transportation statutes, and updates
organizational titles. The Department finds that notice and comment are
unnecessary and contrary to the public interest because of the
editorial nature of these changes.
Executive Order 12866 (Regulatory Planning and Review)
The Department has analyzed the economic and other effects of the
final rule and has determined that they are not ``significant'' within
the meaning of Executive Order 12866. The rule has not, therefore, been
reviewed by the Office of Management and Budget.
DOT Regulatory Policies and Procedures
The final rule is not significant under the Department's Regulatory
Policies and Procedures, dated February 26, 1979, because it does not
involve
[[Page 34725]]
important Departmental policies; rather, the changes are being made
solely for the purposes of eliminating obsolete requirements,
correcting out-of-date references, and enhancing the organization of
the regulations used by the Department to administer its aviation
economic regulatory functions. The Department has also determined that
there will be no economic impact as a result of these changes.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, I certify that
the amendments will not have a significant economic impact on a
substantial number of small entities. The changes are editorial in
nature and will have no substantive impact.
Executive Order 12612 (Federalism)
The final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612. The Department has
determined that the rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment. The
amendments will not have a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.
National Environmental Policy Act
The Department has also analyzed the rule for the purpose of the
National Environmental Policy Act. The rule will not have any
significant impact on the quality of the human environment.
Paperwork Reduction Act
There are no reporting or recordkeeping requirements associated
with the final rule.
Lists of Subjects
14 CFR Part 211
Foreign air carriers, Economic authority, Transportation
Department.
14 CFR Part 213
Foreign air carriers, Economic authority, Transportation
Department.
Final Rule
For the reasons set out in the preamble, Title 14, Chapter II of
the Code of Federal Regulations is amended as follows:
PART 211--[AMENDED]
1. The authority citation for part 211 is revised to read as
follows:
Authority: 49 U.S.C. Chapters 401, 411, 413, 415, 417.
2. Throughout the part, remove the words ``Board'' and ``Board's''
wherever they appear, and add, in their place, the words ``Department''
and ``Department's.'' Remove the words ``Docket Section,'' and add, in
their place, the words ``Docket Facility.''
Sec. 211.1 [Amended]
3. In Sec. 211.1, remove the words ``section 402 of the Federal
Aviation Act'' and add, in their place, the words ``section 41301 of
Title 49 of the United States Code (Transportation).''
Sec. 211.10 [Amended]
4. In Sec. 211.10(b), remove the words ``Regulatory Affairs
Division, Bureau of International Aviation, Civil Aeronautics Board,
Washington, DC 20428,'' and add, in their place, the words ``Foreign
Air Carrier Licensing Division, Office of International Aviation,
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590.''
Sec. 211.20 [Amended]
5. In Sec. 211.20(t), remove the words ``CAB form 263,'' and add,
in their place, the words ``OST Form 4523.''
Subpart D--[Amended]
6. Throughout subpart D of part 211, remove the words ``overseas,''
``overseas and interstate,'' ``overseas or interstate,'' ``interstate
and overseas'', and ``interstate or overseas,'' wherever they appear,
and add, in their place, the word ``interstate.''
Sec. 211.33 [Amended]
7. In Sec. 211.33(c), remove the words ``section 801(a)'' and add
in their place the words ``section 41307.''
PART 213--[AMENDED]
8. The authority citation for part 213 is revised to read as
follows:
Authority: 49 U.S.C. Chapters 401, 411, 413, 415, 417.
9. Throughout the part, remove the words ``Board'' and ``Board's''
wherever they appear, and add, in their place, the words ``Department''
and ``Department's.'' Remove the words ``Docket Section,'' and add, in
their place, the words ``Docket Facility.''
Sec. 213.1 [Amended]
10. In Sec. 213.1, remove the words ``section 402 permits
authorizing foreign direct air carriers to engage in'' and add, in
their place, the words ``foreign air carrier permits issued under
section 41302 of Title 49 of the United States Code (Transportation)
authorizing.'' Remove the entire sentence that begins with
``Notwithstanding.''
Sec. 213.3 [Amended]
11. In Sec. 213.3(f), remove the words ``section 1005(b) of the
Act,'' and add, in their place, the words ``49 U.S.C. 46103.''
Sec. 213.5 [Amended]
12. The heading of Sec. 213.5 is revised to read as follows:
Sec. 213.5 Filing and service of schedules and applications for
approval of schedules; procedure thereon.
* * * * *
13. In Sec. 213.5(a), remove the words ``each airport notice or,''
and ``each application for permission to use an airport (Sec. 213.4(b))
or.'' Remove the words ``19 copies,'' and add, in their place, the
words ``seven (7) copies.'' Remove the entire sentence that begins with
``Each airport notice or application . . .''
14. Section 213.5(b) is revised to read as follows:
* * * * *
(b) Pleadings by interested persons. Any interested person may file
and serve upon the foreign air carrier a memorandum in opposition to,
or in support of, schedules or an application for approval of schedules
within 10 days of the filing opposed or supported. All memoranda shall
set forth in detail the reasons for the position taken together with a
statement of economic data and other matters which it is desired that
the Department officially notice, and affidavits stating other facts
relied upon. Memoranda shall contain a certificate of service as
prescribed in paragraph (a) of this section. An executed original and
seven (7) true copies shall be filed with the Department's Docket
Facility. Unless otherwise provided by the Department, further
pleadings will not be entertained.
* * * * *
15. In Sec. 213.5(c), remove the words ``for permission to use an
airport or.'' Remove the entire sentence beginning with ``Petitions for
reconsideration of the Board'' determination on an application for
permission to use an airport . . .''
Sec. 213.6 [Amended]
16. In Sec. 213.6, remove the words ``Title IV of the Act'' and add
in their place the words ``Subtitle VII of Title 49 of the U.S. Code.''
Sec. 213.7 [Amended]
17. In Sec. 213.7, remove the abbreviation ``CAB'' before the word
``Agreement.'' Remove the words ``CAB form 263,'' and add, in their
place, the words ``OST Form 4523'', and remove
[[Page 34726]]
the words ``Publications Services Division, Civil Aeronautics Board,
Washington, DC 20428,'' and add in their place the words ``Foreign Air
Carrier Licensing Division (X-45), Office of International Aviation,
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590.
Issued in Washington, DC, on May 31, 1996.
Charles A. Hunnicutt,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 96-16808 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-62-P
Complete official Federal Register PDF
FR Doc. 96-16660 Fisheries of the Northeastern United States
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34966-35011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16660]
[[Page 34965]]
_______________________________________________________________________
Part III
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
15 CFR Part 902
50 CFR Part 625, et al.
Fisheries of the Northeastern United States; Final Rule
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules
and Regulations
[[Page 34966]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 625, 648, 650, 651, 652, 655, and 657
[Docket No. 960612172-6172-01; I.D. 051096C]
RIN 0648-AI21
Fisheries of the Northeastern United States
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is consolidating six CFR parts governing the marine
fisheries of the Northeast region into one new CFR part. The new part
contains regulations implementing the fishery management plans (FMPs)
for: summer flounder; Atlantic sea scallops; Northeast multispecies;
Atlantic surf clams and ocean quahogs; Atlantic mackerel, squid, and
butterfish; and Atlantic salmon and implementing management measures
for scup. This final rule reorganizes the FMPs' and scup management
measures into a more logical and cohesive order, removes duplicative
and outdated provisions, and makes technical and editorial changes to
improve readability and clarity, to achieve uniformity in regulatory
language, and to correct errors in the existing regulations. This final
rule also amends references to Paperwork Reduction Act (PRA)
information collection requirements to reflect the consolidation. The
purpose of this final rule is to make the regulations more concise,
better organized, and thereby easier for the public to use. This action
is part of the President's Regulatory Reinvention Initiative.
EFFECTIVE DATE: July 1, 1996, except for paragraphs (a)(78), (k), and
(l) of Sec. 648.14, and subpart H of part 648 (Secs. 648.124--648.125),
which are effective from July 1, through September 29, 1996.
ADDRESSES: Comments regarding burden-hour estimates for collection-of-
information requirements contained in this rule should be sent to Dr.
Andrew A. Rosenberg, Regional Director, 1 Blackburn Drive, Gloucester,
MA 01930 and the Office of Information and Regulatory Affairs, Office
of Management and Budget (OMB), Washington, D.C. 20503 (Attention: NOAA
Desk Officer).
FOR FURTHER INFORMATION CONTACT: Patricia A. Kurkul, NMFS, 508-281-
9331.
SUPPLEMENTARY INFORMATION:
Background
In March 1995, President Clinton issued a directive to Federal
agencies regarding their responsibilities under his Regulatory
Reinvention Initiative. This initiative is part of the National
Performance Review and calls for comprehensive regulatory reform. The
President directed all agencies to undertake a review of all their
regulations, with an emphasis on eliminating or modifying those that
are obsolete, duplicative, or otherwise in need of reform. This final
rule is intended to carry out the President's directive with respect to
those regulations implementing Northeast region FMPs and management
measures for scup.
Currently, regulations implementing the FMPs for the Northeast
fisheries are contained in six separate CFR parts (50 CFR parts 625,
650, 651, 652, 655, and 657). NMFS, through this rulemaking, removes
those six parts and consolidates the regulations contained therein into
one new part (50 CFR part 648). This consolidated regulation provides
the public with a single reference source for Federal fisheries
regulations specific to the Northeast region. The restructuring of six
parts into a single part results in one set of regulations that is more
concise, clearer, and easier to use than six separate parts. General
regulations pertaining to all fisheries and regulations pertaining to
foreign fisheries have been consolidated and restructured in new 50 CFR
part 600 by earlier rulemaking.
The summer flounder fishery in the Northwest Atlantic is managed
jointly by NMFS and the Atlantic States Marine Fisheries Commission
(Commission) under the FMP for the summer flounder fishery, which is
implemented by regulations formerly at 50 CFR part 625. This FMP was
prepared by the Mid-Atlantic Fishery Management Council (MAFMC) in
cooperation with Commission and the New England Fishery Management
Council (NEFMC) and the South Atlantic Fishery Management Council
(SAFMC). NMFS manages the harvest of sea scallops under the FMP for the
Atlantic sea scallop fishery, which is implemented through regulations
formerly at 50 CFR part 650. The Northeast multispecies fishery is
managed by NMFS under regulations implementing the FMP for the
Northeast multispecies fishery formerly at 50 CFR part 651. The FMPs
for the Atlantic sea scallop fishery and the Northeast multispecies
fisheries were prepared by the NEFMC, in consultation with the MAFMC
(multispecies and scallops) and the SAFMC (scallops). Atlantic surf
clam and ocean quahog fisheries are managed by NMFS under regulations
implementing the FMP for the Atlantic surf clam and ocean quahog
fisheries formerly at 50 CFR part 652. This FMP was prepared by the
MAFMC in consultation with the NEFMC. Atlantic mackerel, squid, and
butterfish fisheries are managed by NMFS under the FMP for the Atlantic
mackerel, squid, and butterfish fisheries of the Northwest Atlantic
Ocean, which is implemented by regulations formerly at 50 CFR part 655.
The regulations governing fishing for Atlantic mackerel, squid, and
butterfish by vessels other than vessels of the United States are
contained in 50 CFR part 600. This FMP was prepared by the MAFMC. The
Atlantic salmon fishery is managed by NMFS under the FMP for Atlantic
salmon, which is implemented by regulations formerly at 50 CFR part
657. This FMP was prepared by the NEFMC.
All of these FMPs were prepared under the authority of the Magnuson
Fishery Conservation and Management Act.
The MAFMC recently submitted to NMFS Amendment 8 to the FMP for the
summer flounder fishery. That amendment would include scup in the
management unit of the FMP. The MAFMC requested NMFS to impose
management measures for scup on an emergency interim basis pending its
requested approval and implementation of Amendment 8. The emergency
measures imposed by NMFS formerly appeared at 50 CFR part 625.
In new part 648, portions of the existing regulations that contain
identical or nearly identical provisions have been combined and
restructured into similar measures. Paragraph headings have been added
for ease in identifying measures, and regulatory language has been
revised to make needed technical changes and corrections and to improve
clarity and consistency.
Section 3507(c)(B)(i) of the PRA requires that agencies inventory
and display a current control number assigned by the Director, OMB, for
each agency information collection. Section 902.1(b) of 15 CFR
identifies the location of NOAA regulations for which OMB approval
numbers have been issued. Because this final rule recodifies many
recordkeeping and reporting requirements, it also revises section
902.1(b) to reference correctly the new
[[Page 34967]]
sections resulting from the consolidation.
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
Because this rule makes only nonsubstantive and technical changes
to existing regulations, no useful purpose would be served by providing
advance notice and opportunity for public comment. Accordingly, the
Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 553(b)(B),
for good cause finds that providing notice and opportunity for public
comment is unnecessary. To the extent that the technical changes made
by this rule are nonsubstantive, they are not subject to a 30-day delay
in effective date under 5 U.S.C. 553(d). To the extent that the
technical changes made by this rule are substantive, the Assistant
Administrator, under 5 U.S.C. 553(d)(3), for good cause finds that it
is impracticable, unnecessary, and contrary to the public interest to
delay their effective date for 30 days. The technical changes do not
require any changes in the conduct of fishery participants and thus a
30-day delay in effective date is unnecessary. Further to delay their
effectiveness would make it extremely difficult for the affected public
to use and understand the regulations and, thus, such a delay would be
impracticable and contrary to the public interest.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with a collection of information subject to the requirements
of the PRA, unless that collection of information displays a currently
valid OMB Control Number.
The following collection-of-information requirements for Northeast
fisheries have been approved by OMB:
(a) Approved under 0648-0018--Processed Products Family of Forms--
(1) Fishery products: Fish meal oil = 9.6 min/response; (2) fishery
products U.S Processors and wholesalers: 3.5 min/response; (3) small
processors = 6.6 min/response; (4) large processors = 3.85 min/
response; and (5) additional responses in mandatory fisheries = 6.6
min/response.
(b) Approved under 0648-0202--Northeast Permit Family of Forms--(1)
Vessel permit (initial) = 30 min/response; (2) vessel permit (renewal)
5 min/response; (3) appeal permit denial = 30 min/response; (4)
operator permit = 1 hr/response; (5) dealer permit = 5 min/response;
(6) observer deployments 2 min/response; (7) experimental fishing
exemption = 1.9 hr/response; and (8) vessel identification = 45 min/
response.
(c) Approved under 0648-0212--Vessel Logbooks--(1) Vessel log = 5
min/response; (2) shellfish log = 12.5 min/response; and (3) pound net
log = 15 min/response.
(d) Approved under 0648-0229--Dealer Purchase Reports = 2 min/
response.
(e) Approved under 0648-0235--Survey of Intent and Capacity--
Written response = 15 min/response; phone = 5 min/response.
(f) Approved under 0648-0238--ITQ Allocation Transfer Request = 5
min/response.
(g) Approved under 0648-0240--Application to Shuck at Sea = 5 min/
response.
(h) Approved under 0648-0305--Gear Identification Requirements = 1
min/response.
(i) Approved under 0648-0306--Vessel Identification Requirements =
45 min/response.
(j) Approved under 0648-0307--Vessel Monitoring and Communications
Requirements (VTS) = 5 sec/response.
The estimated response times include the time needed for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding burden estimates, or
any other aspect of these data collections, including suggestions for
reducing the burden, to NMFS and OMB (see ADDRESSES).
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Parts 625, 648, and 651
Fisheries, Fishing, Reporting and recordkeeping requirements.
50 CFR Parts 650, 652, and 655
Fisheries, Reporting and recordkeeping requirements.
50 CFR Part 657
Fisheries, Fishing.
Dated: June 24, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 15 CFR chapter IX and,
under the authority of 16 U.S.C. 1801 et seq., 50 CFR chapter VI are
amended as follows:
15 CFR CHAPTER IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b) the table is amended by removing in
the left column under 50 CFR, the entries ``625.4'', ``625.5'',
``625.6'', ``625.7'', ``625.20'', ``625.27'', ``650.4'', ``650.5'',
``650.6'', ``650.7'', ``650.8'', ``650.24'', ``650.25'', ``650.26'',
``650.28'', ``651.4'', ``651.5'', ``651.6'', ``651.7'', ``651.8'',
``651.20'', ``651.21'', ``651.22'', ``651.25'', ``651.28'', ``651.29'',
``652.4'', ``652.5'', ``652.6'', ``652.7'', ``652.9'', ``652.20'',
``652.24'', ``655.4'' and 655.6'', and in the right column, in
corresponding positions, the control numbers; and by adding, in
numerical order, the following entries to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
CFR part or section where the
information collection requirement Current OMB control number (all
is located numbers begin with 0648-)
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
648.4............................... -0202, -0212
648.5............................... -0202
648.6............................... -0202
648.7............................... -0018, -0212 and -0229
648.8............................... -0306, -0229
648.9............................... -0202 and -0307
648.10.............................. -0202
648.11.............................. -0202
648.15.............................. -0202
648.53.............................. -0202
648.70.............................. -0238
648.74.............................. -0240
648.80.............................. -0202
648.81.............................. -0202
648.82.............................. -0202
648.84.............................. -0305
648.100............................. -0202
648.106............................. -0202
------------------------------------------------------------------------
* * * * *
3. Part 648 is added effective July 1, 1996, except for paragraphs
(a)(78), (k), and (l) of Sec. 648.14 and subpart H (Secs. 648.124--
648.125), which are effective from July 1, through September 29, 1996,
to read as follows:
[[Page 34968]]
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
Subpart A--General Provisions
Sec.
648.1 Purpose and scope.
648.2 Definitions.
648.3 Relation to other laws.
648.4 Vessel permits.
648.5 Operator permits.
648.6 Dealer/processor permits.
648.7 Recordkeeping and reporting requirements.
648.8 Vessel identification.
648.9 VTS requirements.
648.10 DAS notification requirements.
648.11 At-sea sea sampler/observer coverage.
648.12 Experimental fishing.
648.13 Transfers at sea.
648.14 Prohibitions.
648.15 Facilitation of enforcement.
648.16 Penalties.
Subpart B--Management Measures for the Atlantic Mackerel, Squid,
and Butterfish Fisheries
648.20 Maximum OYs.
648.21 Procedures for determining initial annual amounts.
648.22 Closure of the fishery.
648.23 Gear restrictions.
Subpart C--Management Measures for Atlantic Salmon
648.40 Prohibition on possession.
Subpart D-- Management Measures for the Atlantic Sea Scallop
Fishery
648.50 Shell-height standard.
648.51 Gear and crew restrictions.
648.52 Possession restrictions.
648.53 DAS allocations.
648.54 State waters exemption.
648.55 Framework adjustments to management measures.
Subpart E--Management Measures for the Atlantic Surf Clam and Ocean
Quahog Fisheries
648.70 Annual individual allocations.
648.71 Catch quotas.
648.72 Minimum surf clam size.
648.73 Closed areas.
648.74 Shucking at sea.
648.75 Cage identification.
Subpart F--Management Measures for the NE Multispecies Fishery
648.80 Regulated mesh areas and restrictions on gear and methods of
fishing.
648.81 Closed areas.
648.82 Effort-control program for limited access vessels.
648.83 Minimum fish sizes.
648.84 Gear-marking requirements and gear restrictions.
648.85 Flexible Area Action System.
648.86 Possession restrictions.
648.87 Sink gillnet requirements to reduce harbor porpoise takes.
648.88 Open access permit restrictions.
648.89 Recreational and charter/party restrictions.
648.90 Framework specifications.
Subpart G--Management Measures for the Summer Flounder Fishery
648.100 Catch quotas and other restrictions.
648.101 Closures.
648.102 Time restrictions.
648.103 Minimum fish sizes.
648.104 Gear restrictions.
648.105 Possession restrictions.
648.106 Sea turtle conservation.
Subpart H--Management Measures for the Scup Fishery
648.124 Gear restrictions.
648.125 Minimum fish sizes.
Authority: 16 U.S.C. 1801 et seq.
Subpart A--General Provisions
Sec. 648.1 Purpose and scope.
(a) This part implements the fishery management plans for the
Atlantic mackerel, squid, and butterfish fisheries (Atlantic Mackerel,
Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the
Atlantic sea scallop fishery (Atlantic Sea Scallop FMP (Scallop FMP));
the Atlantic surf clam and ocean quahog fisheries (Atlantic Surf Clam
and Ocean Quahog FMP); the Northeast multispecies fishery (NE
Multispecies FMP); and the summer flounder fishery (Summer Flounder
FMP). These FMPs and the regulations in this part govern the
conservation and management of fisheries of the northeastern United
States.
(b) This part governs domestic fishing only. Foreign fishing is
governed under subpart F of part 600 of this chapter.
Sec. 648.2 Definitions.
In addition to the definitions in the Magnuson Act and in
Sec. 600.10 of this chapter, the terms used in this part have the
following meanings:
Alewife means Alosa pseudoharengus.
American lobster or lobster means Homarus americanus.
American shad means Alosa sapidissima.
Atlantic butterfish or butterfish means Peprilus triacanthus.
Atlantic croaker means Micropogonias undulatus.
Atlantic mackerel or mackerel means Scomber scombrus.
Atlantic Mackerel, Squid, and Butterfish Monitoring Committee means
the committee made up of staff representatives of the MAFMC and the
NEFMC, and the Northeast Regional Office and NEFSC of NMFS. The MAFMC
Executive Director or a designee chairs the Committee.
Atlantic salmon means Salmo salar.
Atlantic sea scallop or scallop means Placopecten magellanicus,
throughout its range.
Black sea bass means Centropristis striata.
Blowfish (puffer) means any species in the family Tetraodontidae.
Bluefish means Pomotomus saltatrix.
Bushel (bu) means a standard unit of volumetric measurement deemed
to hold 1.88 ft\3\ (53.24 L) of surf clams or ocean quahogs in the
shell.
Cage means a container with a standard unit of volumetric
measurement containing 60 ft\3\ (1,700 L). The outside dimensions of a
standard cage generally are 3 ft (91 cm) wide, 4 ft (122 cm) long, and
5 ft (152 cm) high.
Chafing gear or cookies, with respect to the scallop fishery, means
steel, rubberized or other types of donut rings, disks, washers, twine,
or other material attached to or between the steel rings of a sea
scallop dredge.
Charter or party boat means any vessel that carries passengers for
hire to engage in recreational fishing and, with respect to
multispecies, that is not fishing under a DAS.
Combination vessel means a vessel that has fished in any one
calendar year with scallop dredge gear and otter trawl gear during the
period 1988 through 1990, and that is eligible for an allocation of
individual DAS under the NE Multispecies FMP and has applied for or
been issued a limited access scallop permit.
Commercial fishing or fishing commercially means fishing that is
intended to, or results in, the barter, trade, transfer, or sale of
fish.
Commission means the Atlantic States Marine Fisheries Commission.
Conger eel means Conger oceanicus.
Cunner means Tautogolabrus adspersus.
Council means the New England Fishery Management Council (NEFMC)
for the Atlantic sea scallop and the NE multispecies fisheries or the
Mid-Atlantic Fishery Management Council (MAFMC) for the Atlantic
mackerel, squid, and butterfish; the Atlantic surf clam and ocean
quahog; and the summer flounder fisheries.
Day(s)-at-sea (DAS), with respect to the NE multispecies and
scallop fisheries, means the 24-hour periods of time during which a
fishing vessel is absent from port in which the vessel intends to fish
for, possess or land; or fishes for, possesses, or lands regulated
species or scallops.
Dealer means any person who receives, for a commercial purpose
(other than solely for transport on land),
[[Page 34969]]
from the owner or operator of a vessel issued a valid permit under this
part, any species of fish, the harvest of which is managed by this
part.
Dredge or dredge gear, with respect to the scallop fishery, means
gear consisting of a mouth frame attached to a holding bag constructed
of metal rings, or any other modification to this design, that can be
or is used in the harvest of scallops.
Dredge bottom, with respect to scallops, means the rings and links
found between the bail of the dredge and the club stick, which, when
fishing, would be in contact with the sea bed. This includes the
triangular shaped portions of the ring bag commonly known as
``diamonds.''
Dredge top, with respect to the scallop fishery, means the mesh
panel in the top of a dredge and immediately adjacent rings and links
found between the bail of the dredge, the club stick, and the two side
panels. The bail of the dredge is the rigid structure of the forward
portion of the dredge that connects to the warp and holds the dredge
open. The club stick is the rigid bar at the tail of the dredge bag
that is attached to the rings.
Dredge vessel, with respect to the scallop fishery, means any
fishing vessel that is equipped for fishing using dredge gear and that
is capable of catching scallops.
Exempted gear, with respect to the NE multispecies fishery, means
gear that is deemed to be not capable of catching NE multispecies and
includes: Pelagic hook and line, pelagic longline, spears, rakes,
diving gear, cast nets, tongs, harpoons, weirs, dipnets, stop nets,
pound nets, pelagic gillnets, pots and traps, purse seines, shrimp
trawls (with a properly configured grate as defined under this part),
and midwater trawls.
Fishing trip or trip means a period of time during which fishing is
conducted, beginning when the vessel leaves port and ending when the
vessel returns to port.
Fishing year means:
(1) For the scallop fishery, from March 1 through the last day of
February of the following year.
(2) For the NE multispecies fishery, from May 1 through April 30 of
the following year.
(3) For all other fisheries in this part, from January 1 through
December 31.
FMP means fishery management plan.
Fourspot flounder means Paralichthys oblongus.
Gross registered tonnage (GRT) means the gross registered tonnage
specified on the USCG documentation for a vessel.
Hagfish means Myxine glutinosa.
Handline or handline gear means fishing gear that is released by
hand and consists of one main line to which is attached no more than
two leaders for a total of no more than three hooks. Handlines are
retrieved only by hand, not by mechanical means.
Harbor porpoise means Phocoena phocoena.
Harbor Porpoise Review Team (HPRT) means a team of scientific and
technical experts appointed by the NEFMC to review, analyze, and
propose harbor porpoise take mitigation alternatives.
Herring means Atlantic herring, Clupea harengus, or blueback
herring, Alosa aestivalis.
Hickory shad means Alosa mediocris.
Hook gear means fishing gear that is comprised of a hook or hooks
attached to a line and includes, but is not limited to, longline,
setline, jigs, troll line, rod and reel, and line trawl.
Illex means Illex illecebrosus (short-finned or summer squid).
John Dory means Zenopsis conchifera.
Land means to begin offloading fish, to offload fish, or to enter
port with fish.
Liner means a piece of mesh or any other material rigged inside or
outside the main or outer net or dredge that restricts the mesh or ring
size or otherwise reduces escapement.
Link, with respect to the sea scallop fishery, means the material,
usually made of a \3/8\-inch (10-mm) or \7/16\-inch (11-mm) diameter
metal rod, that joins two adjacent rings within the ring bag of a
dredge.
Loligo means Loligo pealei (long-finned or bone squid).
Longhorn sculpin means Myoxocephalus octodecimspinosus.
Longline gear means fishing gear that is or is designed to be set
horizontally, either anchored, floating, or attached to a vessel, and
that consists of a main or ground line with three or more gangions and
hooks.
Menhaden means Atlantic menhaden, Brevoortia tyrannus.
Midwater trawl gear means trawl gear that is designed to fish for,
is capable of fishing for, or is being used to fish for pelagic
species, no portion of which is designed to be or is operated in
contact with the bottom at any time.
Monkfish or anglerfish means Lophius americanus.
Mullet means any species in the family Mugilidae.
Multispecies Monitoring Committee means a team of scientific and
technical staff appointed by the NEFMC to review, analyze, and
recommend adjustments to the management measures. The team consists of
staff from the NEFMC and the MAFMC, NMFS' Northeast Regional Office,
the NEFSC, the USCG, an industry representative, and no more than two
representatives from each affected coastal state appointed by the
Commission.
NEFSC means the Northeast Fisheries Science Center, NMFS.
Net tonnage (NT) means the net tonnage specified on the USCG
documentation for a vessel.
Northeast (NE) multispecies or multispecies means the following
species:
American plaice--Hippoglossoides platessoides.
Atlantic cod--Gadus morhua.
Haddock--Melanogrammus aeglefinus.
Ocean pout--Macrozoarces americanus.
Pollock--Pollachius virens.
Redfish--Sebastes marinus.
Red hake--Urophycis chuss.
Silver hake (whiting)--Merluccius bilinearis.
White hake--Urophycis tenuis.
Windowpane flounder--Scophthalmus aquosus.
Winter flounder--Pleuronectes americanus.
Witch flounder--Glyptocephalus cynoglossus.
Yellowtail flounder--Pleuronectes ferrugineus.
Northern shrimp means Pandalus borealis.
Ocean quahog means the species Arctica islandica.
Offload or offloading means to begin to remove, to remove, to pass
over the rail, or otherwise take away fish from any vessel. For
purposes of the surf clam and ocean quahog fishery, it means to
separate physically a cage from a vessel, such as by removing the sling
or wire used to remove the cage from the harvesting vessel.
Operator means the master, captain, or other individual on board a
fishing vessel, who is in charge of that vessel's operations.
Out of the multispecies fishery or DAS program means the period of
time during which a vessel is absent from port and is not fishing for
regulated species under the NE multispecies DAS program.
Pair trawl or pair trawling means to tow a single net between two
vessels for the purpose of, or that is capable of, catching NE
multispecies.
Pelagic hook or longline gear means fishing gear that is not fixed,
nor designed to be fixed, nor anchored to the bottom and that consists
of monofilament main line (as opposed to a cable main line) to which
gangions are attached.
Personal use, with respect to the surf clam or ocean quahog
fishery, means harvest of surf clams or ocean quahogs for use as bait,
for human consumption,
[[Page 34970]]
or for other purposes (not including sale or barter) in amounts not to
exceed 2 bu (106.48 L) per person per fishing trip.
Postmark means independently verifiable evidence of date of
mailing, such as U.S. Postal Service postmark, United Parcel Service
(U.P.S.) or other private carrier postmark, certified mail receipt,
overnight mail receipt, or receipt received upon hand delivery to an
authorized representative of NMFS.
Prior to leaving port, with respect to the call-in notification
system for NE multispecies, means prior to the last dock or mooring in
port from which a vessel departs to engage in fishing, including the
transport of fish to another port.
Processor means a person who receives surf clams or ocean quahogs
for a commercial purpose and removes them from a cage.
Purse seine gear means an encircling net with floats on the top
edge, weights and a purse line on the bottom edge, and associated gear,
or any net designed to be, or capable of being, used in such fashion.
Recreational fishing means fishing that is not intended to, nor
results in the barter, trade, or sale of fish.
Recreational fishing vessel, with respect to the scup fishery,
means any vessel from which no fishing other than recreational fishing
is conducted. Charter and party boats are considered recreational
fishing vessels for purposes of the scup minimum size requirement.
Regional Director means the Director, Northeast Region, NMFS, or a
designee.
Regulated species means the subset of NE multispecies that includes
Atlantic cod, witch flounder, American plaice, yellowtail flounder,
haddock, pollock, winter flounder, windowpane flounder, redfish, and
white hake.
Reporting month means the period of time beginning at 0001 hours
local time on the first day of each calendar month and ending at 2400
hours local time on the last day of each calendar month.
Reporting week means the period of time beginning at 0001 local
time on Sunday and ending at 2400 hours local time the following
Saturday.
Re-rig or re-rigged means physical alteration of the vessel or its
gear in order to transform the vessel into one capable of fishing
commercially for a species in the applicable fishery.
Rigged hooks means hooks that are baited, or only need to be
baited, in order to be fished. Unsecured, unbaited hooks and gangions
are not considered to be rigged.
Rod and reel means a hand-held (including rod holder) fishing rod
with a manually operated reel attached.
Scallop dredge vessel means any fishing vessel, other than a
combination vessel, that uses or is equipped to use scallop dredge
gear.
Scup means Stenotomus chrysops.
Sea Scallop Plan Development Team (PDT) means a team of technical
experts appointed by the NEFMC.
Sea raven means Hemitripterus americanus.
Searobin means any species of the family Triglidae.
Shucking or to shuck means opening or to open a scallop, surf clam,
or ocean quahog and removing the meat or the adductor muscle from the
shell.
Shucking machine means any mechanical device that automatically
removes the meat or the adductor muscle from a scallop, surf clam, or
ocean quahog shell.
Sink gillnet or bottom-tending gillnet means with respect to the NE
multispecies fishery, any gillnet, anchored or otherwise, that is
designed to be, or is fished on or near the bottom in the lower third
of the water column.
Skate means any species of the family Rajidae.
Smooth dogfish means Mustelis canis.
Sorting machine means any mechanical device that automatically
sorts whole scallops by shell height, size, or other physical
characteristics.
Spiny dogfish means Squalus acanthias.
Spot means Leiostomus xanthurus.
Square mesh, with respect to the NE multispecies fishery, means
mesh in which the horizontal bars of the mesh run perpendicular to the
long axis of the net so when the net is placed under a strain the mesh
remains open to a square-like shape. Square mesh can be formed by
hanging diamond mesh ``on the square,'' if the resulting mesh conforms
with the above description of square mesh.
Squid means Loligo pealei or Illex illecebrosus.
Standard tote means a box typically constructed of plastic,
designed to hold 100 lb (45.3 kg) of fish plus ice, and that has a
liquid capacity of 70 L, or a volume of not more than 4,320 cubic in
(2.5 cubic ft or 70.79 cubic cm).
Substantially similar harvesting capacity means the same or less
GRT and vessel length.
Summer flounder means Paralichthys dentatus.
Summer Flounder Monitoring Committee means a committee made up of
staff representatives of the MAFMC, NEFMC, and SAFMC, the NMFS
Northeast Regional Office, the NEFSC, the Southeast Science Center, and
the Commission. The MAFMC Executive Director or a designee chairs the
committee.
Surf clams means Atlantic surf clams of the species Spisula
solidissima.
Swordfish means Xiphias gladius.
Tautog (blackfish) means Tautoga onitas.
Tied up to the dock, with respect to NE multispecies, means to tie-
up at a dock, on a mooring, or in a harbor.
Tilefish means Lopholatilus chamaeleonticeps.
Target total allowable catch (TAC) means the annual domestic
harvest targets for regulated species.
Transfer means to begin to remove, to remove, to pass over the
rail, or to otherwise take away fish from any vessel and move them to
another vessel.
Trawl sweep means the total length of the footrope on a trawl net
that is directly attached to the webbing of a net.
Upon returning to port, for purposes of the call-in notification
system for the NE multispecies fishery, means the first point when a
vessel ties up at a dock or mooring in a port at the end of a fishing
trip.
Vessel length means the length specified on the USCG documentation
for a vessel or on the state registration for a vessel not required to
be documented under title 46 U.S.C., if the state length is verified by
an authorized officer or NMFS official.
Vessel Tracking System (VTS) means a vessel tracking system as set
forth in Sec. 648.9 and approved by NMFS for use by scallop and NE
multispecies vessels, as required by this part.
VTS unit means a device installed on board a vessel used for vessel
tracking and transmitting the vessel's position as required by this
part.
Weakfish means Cynoscion regalis.
Whiting means Merluccius bilinearis.
Sec. 648.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in
Sec. 600.705.
(b) Nothing in these regulations supersedes more restrictive state
management measures for any of the species referenced in Sec. 648.1
and, for Atlantic salmon, more restrictive local management measures.
Sec. 648.4 Vessel permits.
(a) Fishery specific vessel permit information. (1) NE multispecies
vessels. Any vessel of the United States, including a charter or party
boat, must have been issued and have on board a valid multispecies
permit to fish for, possess or land multispecies in or from the EEZ.
Recreational vessels and vessels fishing for NE multispecies
exclusively in state waters are exempt from this requirement.
(i) Limited access multispecies permits--(A) Eligibility. To be
eligible to
[[Page 34971]]
apply for a limited access multispecies permit, as specified in
Sec. 648.82, in 1996 and thereafter, a vessel must have been issued a
limited access multispecies permit for the preceding year, must be
replacing a vessel that was issued a limited access multispecies permit
for the preceding year, or must qualify for a 1996 limited access
multispecies hook-gear permit under this paragraph (a)(1)(i). Vessels
qualifying for 1996 limited access multispecies hook-gear permits are
qualified only for that limited access permit category. A vessel is
eligible for a 1996 limited access multispecies hook-gear permit,
provided:
(1) The vessel was issued a 1995 open access multispecies hook-gear
permit and the owner or operator of the vessel submitted to the
Regional Director, no later than January 26, 1996, fishing log reports
dated between June 1, 1994, and June 1, 1995, when fishing with hook
gear under the open access hook-gear permit, documenting landings of at
least 500 lb (226.8 kg) of NE multispecies finfish, or its equivalent
in numbers of fish; or
(2) The vessel is replacing such a vessel.
(B) Application/renewal restrictions. Owners of vessels must apply
for a limited access multispecies hook-gear permit before September 1,
1996, to receive an automatic mailing of an application to renew their
permit in 1997 and to be assured that their permit application will be
processed within 30 days. Vessel owners applying after December 31,
1996, will be ineligible to apply for an initial limited access
multispecies hook-gear permit. To renew or apply for a limited access
multispecies permit, a completed application must be received by the
Regional Director by the first day of the fishing year for which the
permit is required. Failure to renew a limited access multispecies
permit in any year bars the renewal of the permit in subsequent years.
(C) Qualification restriction. Unless the Regional Director
determines to the contrary, no more than one vessel may qualify, at any
one time, for a limited access permit based on that or another vessel's
fishing and permit history. If more than one vessel owner claims
eligibility for a limited access permit, based on one vessel's fishing
and permit history, the Regional Director will determine who is
entitled to qualify for the permit and the DAS allocation according to
paragraph (a)(1)(i)(D) of this section.
(D) Change in ownership. The fishing and permit history of a vessel
is presumed to transfer with the vessel whenever it is bought, sold, or
otherwise transferred, unless there is a written agreement, signed by
the transferor/seller and transferee/buyer, or other credible written
evidence, verifying that the transferor/seller is retaining the
vessel's fishing and permit history for purposes of replacing the
vessel.
(E) Replacement vessels. To be eligible for a limited access permit
under this section, the replacement vessel must meet the following
criteria and any applicable criteria under paragraph (a)(1)(i)(F) of
this section:
(1) The replacement vessel's horsepower may not exceed by more than
20 percent the horsepower of the vessel that was initially issued a
limited access permit as of the date the initial vessel applied for
such permit.
(2) The replacement vessel's length, GRT, and NT may not exceed by
more than 10 percent the length, GRT, and NT of the vessel that was
initially issued a limited access permit as of the date the initial
vessel applied for such permit. For purposes of this paragraph
(a)(1)(i)(E)(2), a vessel not required to be documented under title 46
U.S.C. will be considered to be 5 NT. For undocumented vessels, GRT
does not apply.
(F) Upgraded vessel. A vessel may be upgraded, whether through
refitting or replacement, and still be eligible for or be eligible to
retain or renew a limited access permit, only if the upgrade complies
with the following:
(1) The vessel's horsepower may be increased, whether through
refitting or replacement, only once. Such an increase may not exceed 20
percent of the horsepower of the vessel initially issued a limited
access permit as of the date the initial vessel applied for such
permit.
(2) The vessel's length, GRT, and NT may be increased, whether
through refitting or replacement, only once. Any increase in any of
these three specifications of vessel size may not exceed 10 percent of
the respective specification of the vessel initially issued a limited
access permit as of the date the initial vessel applied for such
permit. If any of these three specifications is increased, any increase
in the other two must be performed at the same time. This type of
upgrade may be done separately from an engine horsepower upgrade.
(G) Consolidation restriction. Limited access permits and DAS
allocations may not be combined or consolidated.
(H) Appeal of denial of permit. (1) Eligibility. Any applicant
eligible to apply for an initial limited access multispecies hook-gear
permit who is denied such permit may appeal the denial to the Regional
Director within 30 days of the notice of denial. Any such appeal must
be based on one or more of the following grounds, must be in writing,
and must state the grounds for the appeal:
(i) The information used by the Regional Director was based on
mistaken or incorrect data.
(ii) The applicant was prevented by circumstances beyond his/her
control from meeting relevant criteria.
(iii) The applicant has new or additional information.
(2) Appeal review. The Regional Director will appoint a designee
who will make the initial decision on the appeal. The appellant may
request a review of the initial decision by the Regional Director by so
requesting in writing within 30 days of the notice of the initial
decision. If the appellant does not request a review of the initial
decision within 30 days, the initial decision shall become the final
administrative action of the Department of Commerce. Such review will
be conducted by a hearing officer appointed by the Regional Director.
The hearing officer shall make findings and a recommendation to the
Regional Director which shall be advisory only. Upon receiving the
findings and a recommendation, the Regional Director will issue a final
decision on the appeal. The Regional Director's decision is the final
administrative action of the Department of Commerce.
(3) Status of vessels pending appeal. A vessel denied a limited
access multispecies hook-gear permit may fish under the limited access
multispecies hook-gear category, provided that the denial has been
appealed, the appeal is pending, and the vessel has on board a letter
from the Regional Director authorizing the vessel to fish under the
limited access hook-gear category. The Regional Director will issue
such a letter for the pendency of any appeal. Any such decision is the
final administrative action of the Department of Commerce on allowable
fishing activity, pending a final decision on the appeal. The letter of
authorization must be carried on board the vessel. If the appeal is
finally denied, the Regional Director shall send a notice of final
denial to the vessel owner; the authorizing letter becomes invalid 5
days after receipt of the notice of denial.
(I) Limited access permit restrictions. (1) A vessel may be issued
a limited access multispecies permit in only one category during a
fishing year. Vessels may not change limited access multispecies permit
categories during the fishing year, except as provided in
[[Page 34972]]
paragraph (a)(1)(i)(I)(2) of this section. A vessel issued a limited
access multispecies hook-gear permit may not change its limited access
permit category at any time.
(2) The owner of a vessel issued a limited access multispecies
permit may request a change in permit category, unless otherwise
restricted by paragraph (a)(1)(i)(I)(1) of this section. In 1996, a
vessel owner has one opportunity to request a change in permit category
by submitting an application to the Regional Director by August 14,
1996. If a complete application is not submitted by that date, the
vessel must fish only in the DAS program assigned for the remainder of
the 1996 fishing year. Any DAS that a vessel uses prior to a change in
permit category will be counted against its allocation received under
any subsequent permit category. For 1997 and beyond, the owner of a
limited access multispecies vessel eligible to request a change in
permit category must elect a category prior to the start of each
fishing year and will have one opportunity to request a change in
permit category by submitting an application to the Regional Director
within 45 days of issuance of the vessel's permit. After that date, the
vessel must remain in that permit category for the duration of the
fishing year.
(3) With the exception of combination vessels, sea scallop dredge
vessels are not eligible for limited access multispecies permits.
(J) Confirmation of Permit History. Notwithstanding any other
provisions of this part, a person who does not currently own a fishing
vessel, but who has owned a qualifying vessel that has sunk, been
destroyed, or transferred to another person, may apply for and receive
a Confirmation of Permit History (CPH) if the fishing and permit
history of such vessel has been retained lawfully by the applicant. To
be eligible to obtain a CPH, the applicant must show that the
qualifying vessel meets the eligibility requirements, as applicable, in
this part. Issuance of a valid and current CPH preserves the
eligibility of the applicant to apply for or renew a limited access
permit for a replacement vessel based on the qualifying vessel's
fishing and permit history at a subsequent time, subject to the
replacement provisions specified in this section. A CPH must be applied
for and received on an annual basis in order for the applicant to
preserve the fishing rights and limited access eligibility of the
qualifying vessel. If fishing privileges have been assigned or
allocated previously under this part, based on the qualifying vessel's
fishing and permit history, the CPH also preserves such fishing
privileges. Any decision regarding the issuance of a CPH for a
qualifying vessel that has applied for or been issued previously a
limited access permit is a final agency action subject to judicial
review under 5 U.S.C. 704. An application for a CPH must be received by
the Regional Director by the beginning of the fishing year for which it
is required. Information requirements for the CPH application are the
same as those for a limited access permit with any request for
information about the vessel being applicable to the qualifying vessel
that has been sunk, destroyed, or transferred. Vessel permit applicants
who have been issued a CPH and who wish to obtain a vessel permit for a
replacement vessel based upon the previous vessel history may do so
pursuant to this paragraph (a)(1)(i)(J).
(K) Abandonment or voluntary relinquishment of permits. If a
vessel's limited access permit for a particular fishery is voluntarily
relinquished to the Regional Director, or abandoned through failure to
renew or otherwise, no limited access permit for that fishery may be
re-issued or renewed based on that vessel's history or to any vessel
relying on that vessel's history.
(L) Restriction on permit splitting. A limited access multispecies
permit may not be issued to a vessel or its replacement, or remain
valid, if the vessel's permit or fishing history has been used to
qualify another vessel for another Federal fishery.
(ii) Open access permits. Subject to the restrictions in
Sec. 648.88, a U.S. vessel that has not been issued a limited access
multispecies permit is eligible for an open access multispecies
handgear or charter/party permit. A U.S. vessel that has been issued a
valid limited access scallop permit, but that has not been issued a
limited access multispecies permit, is eligible for an open access
scallop multispecies possession limit permit. The owner of a vessel
issued an open access permit may request a different open access permit
category by submitting an application to the Regional Director at any
time.
(2) Atlantic sea scallop vessels--Any vessel of the United States
that fishes for, possesses, or lands Atlantic sea scallops in
quantities greater than 40 lb (18.14 kg) shucked, or 5 bu (176.2 L) of
in-shell scallops per trip, except vessels that fish exclusively in
state waters for scallops, must have been issued and carry on board a
valid scallop permit.
(i) Limited access scallop permits. Any vessel of the United States
that possesses or lands more than 400 lb (181.44 kg) of shucked, or the
equivalent amount of in-shell scallops (50 bu (176.2 L)) per trip,
except vessels that fish exclusively in state waters for scallops, must
have been issued and carry on board a valid limited access scallop
permit.
(A) Eligibility. To be eligible to apply for a limited access
scallop permit, a vessel must have been issued a limited access scallop
permit for the preceding year, or the vessel must be replacing a vessel
that has been issued a limited access scallop permit for the preceding
year.
(B) Application/renewal restrictions. To renew or apply for a
limited access scallop permit, a completed application must be received
by the Regional Director by the first day of the fishing year for which
the permit is required. Failure to renew a limited access scallop
permit in any year bars the renewal of the permit in subsequent years.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this
section.
(D) Change in ownership. See paragraph (a)(1)(i)(D) of this
section.
(E) Replacement vessels. See paragraph (a)(1)(i)(E) of this
section.
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this
section.
(H) Percentage ownership restrictions. (1) For any vessel acquired
after March 1, 1994, a vessel owner is not eligible to be issued a
limited access scallop permit for the vessel if the issuance of the
permit will result in the vessel owner, or any person who is a
shareholder or partner of the vessel owner, having an ownership
interest in limited access scallop vessels in excess of 5 percent of
the number of all limited access scallop vessels at the time of permit
application.
(2) Vessel owners who were initially issued a 1994 limited access
scallop permit, or were issued or renewed a limited access scallop
permit for a vessel in 1995 and thereafter in compliance with the
ownership restrictions in paragraph (a)(2)(i)(H)(1) of this section,
are eligible to renew such permit(s), regardless of whether the renewal
of the permits will result in the 5 percent ownership restriction being
exceeded.
(3) Having an ownership interest includes, but is not limited to,
persons who are shareholders in a vessel owned by a corporation, who
are partners (general or limited) to a vessel owner, or who, in any
way, partly own a vessel.
(I) Limited access permit restrictions. A vessel may be issued a
limited access scallop permit in only one category during a fishing
year. The owner of a vessel issued a limited access scallop
[[Page 34973]]
permit must elect a permit category for that vessel prior to the start
of each fishing year and will have one opportunity to request a change
in permit category by submitting an application to the Regional
Director within 45 days of issuance of the vessel's permit. After this
date, the vessel must remain in that permit category for the duration
of the fishing year. Any DAS that a vessel uses prior to a change in
permit category will be counted against its allocation received under
any subsequent permit category.
(J) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of
this section.
(K) Abandonment or voluntary relinquishment of permits. See
paragraph (a)(1)(i)(K) of this section.
(ii) General scallop permit. Any vessel of the United States that
is not in possession of a limited access scallop permit, and that
possesses, or lands per trip, more than 40 lb (18.14 kg) and less than
or including 400 lb (181.44 kg) of shucked meats, or the equivalent
amount of in-shell scallops (5 and 50 bu (176.2 L and 176.2 L),
respectively), except vessels that fish exclusively in state waters for
scallops, must carry on board a valid general scallop permit.
(3) Summer flounder vessels. Any vessel of the United States that
fishes for or retains summer flounder in the EEZ must have been issued
and carry on board a valid summer flounder permit, except for vessels
other than party or charter vessels that observe the possession limit
set forth in Sec. 648.105.
(i) Moratorium permits (applicable through 1997). (A) Eligibility.
To be eligible to apply for a moratorium permit to fish for and retain
summer flounder in excess of the possession limit in Sec. 648.105 in
the EEZ, a vessel must have been issued a summer flounder moratorium
permit in a previous year or be replacing a vessel that was issued a
moratorium permit for a previous year.
(B) Application/renewal restriction. No one may apply for a summer
flounder moratorium permit for a vessel after:
(1) The owner retires the vessel from the fishery.
(2) The vessel fails to land any summer flounder at least once
within any 52-consecutive-week period.
(C) Replacement vessels. To be eligible for a moratorium permit,
the replacement vessel must be replacing a vessel of substantially
similar harvesting capacity that is judged unseaworthy by the USCG, for
reasons other than lack of maintenance, or that involuntarily left the
fishery during the moratorium. Both the entering and replaced vessels
must be owned by the same person. Vessel permits issued to vessels that
involuntarily leave the fishery may not be combined to create larger
replacement vessels.
(ii) Party and charter boat permits. Any party or charter boat is
eligible for a permit to fish for summer flounder, other than a summer
flounder moratorium permit, if it is carrying passengers for hire. Such
vessel must observe the possession limits specified in Sec. 648.105.
(iii) Exemption permits. Owners of summer flounder vessels seeking
an exemption from the minimum mesh requirement under the provisions of
Sec. 648.104(b)(1) must apply to the Regional Director under paragraph
(c) of this section at least 7 days prior to the date they wish the
permit to become effective. The applicant must mark ``Exemption Permit
Request'' on the permit application at the top. A permit issued under
this paragraph (a)(3)(iii) does not meet the requirements of paragraph
(a)(3)(i) of this section, but is subject to the other provisions of
this section. Persons issued an exemption permit must surrender it to
the Regional Director at least 1 day prior to the date they wish to
fish not subject to the exemption. The Regional Director may impose
temporary additional procedural requirements by publishing a
notification in the Federal Register.
(4) Surf clam and ocean quahog vessels.--Any vessel of the United
States that fishes for surf clams or ocean quahogs, except vessels
taking surf clams and ocean quahogs for personal use or fishing
exclusively within state waters, must have been issued and carry on
board a valid surf clam or ocean quahog permit, respectively.
(5) Mackerel, squid, and butterfish vessels--Beginning on January
1, 1997, any vessel of the United States, including party or charter
vessels, that fishes for, possesses, or lands mackerel, squid, or
butterfish in or from the EEZ, must have been issued and carry on board
a valid Loligo and butterfish moratorium permit, incidental catch
permit, mackerel and Illex permit or party/charter permit. This
requirement does not apply to recreational fishing vessels. Until
January 1, 1997, vessels that have been issued 1995 Federal mackerel,
squid, and butterfish permits and are not otherwise subject to permit
sanctions due to enforcement proceedings, may fish for, possess, or
land mackerel, squid, or butterfish in or from the EEZ.
(i) Loligo squid and butterfish moratorium permits. (A)
Eligibility. A vessel is eligible for a moratorium permit to fish for
and retain Loligo squid or butterfish in excess of the incidental catch
allowance specified in paragraph (a)(5)(i) of this section, if it meets
any of the following criteria:
(1) The vessel landed and sold at least 20,000 lb (9.07 mt) of
Loligo squid or butterfish in any 30 consecutive day period between
August 13, 1981, and August 13, 1993.
(2) The vessel is replacing such a vessel and meets the
requirements of paragraph (a)(3)(i)(C) of this section.
(B) Application/renewal restrictions. No one may apply for an
initial Loligo squid and butterfish moratorium permit for a vessel
after:
(1) May 2, 1997.
(2) The owner retires the vessel from the fishery.
(C) Replacement vessels. See paragraph (a)(3)(i)(C) of this
section.
(D) Appeal of denial of permit. (1) Any applicant denied a
moratorium permit may appeal to the Regional Director within 30 days of
the notice of denial. Any such appeal shall be in writing. The only
ground for appeal is that the Regional Director erred in concluding
that the vessel did not meet the criteria in paragraph (a)(5)(i)(A)(1)
of this section. The appeal shall set forth the basis for the
applicant's belief that the Regional Director's decision was made in
error.
(2) The appeal may be presented, at the option of the applicant, at
a hearing before an officer appointed by the Regional Director.
(3) The hearing officer shall make a recommendation to the Regional
Director.
(4) The decision on the appeal by the Regional Director is the
final decision of the Department of Commerce.
(ii) Incidental catch permits. Any vessel of the United States may
obtain a permit to fish for or retain up to 2,500 lb (1.13 mt) of
Loligo squid or butterfish as an incidental catch in another directed
fishery. The incidental catch allowance may be revised by the Regional
Director, based upon a recommendation by the Council, following the
procedure set forth in Sec. 648.21.
(iii) Mackerel and Illex squid permits. Any vessel of the United
States may obtain a permit under this section to fish for or retain
Atlantic mackerel or Illex squid in or from the EEZ.
(iv) Party and charter boat permits. The owner of any party or
charter boat must obtain a permit to fish for or retain in or from the
EEZ mackerel, squid, or butterfish while carrying passengers for hire.
(b) Permit conditions. Vessel owners who apply for a fishing vessel
permit under this section must agree as a condition of the permit that
the vessel
[[Page 34974]]
and vessel's fishing activity, catch, and pertinent gear (without
regard to whether such fishing occurs in the EEZ or landward of the
EEZ, and without regard to where such fish or gear are possessed,
taken, or landed), are subject to all requirements of this part, unless
exempted from such requirements under this part. All such fishing
activities, catch, and pertinent gear will remain subject to all
applicable state requirements. Except as otherwise provided in this
part, if a requirement of this part and a management measure required
by a state or local law differ, any vessel owner permitted to fish in
the EEZ for any species managed under this part must comply with the
more restrictive requirement. Owners and operators of vessels fishing
under the terms of a summer flounder moratorium permit must also agree,
as a condition of the permit, not to land summer flounder in any state
that the Regional Director has determined no longer has commercial
quota available. A state not receiving an allocation of summer flounder
shall be deemed to have no commercial quota available. Owners or
operators fishing for surf clams and ocean quahogs within waters under
the jurisdiction of any state that requires cage tags are not subject
to any conflicting Federal minimum size or tagging requirements. If a
surf clam and ocean quahog requirement of this part differs from a surf
clam and ocean quahog management measure required by a state that does
not require cage tagging, any vessel owner or operator permitted to
fish in the EEZ for surf clams and ocean quahogs must comply with the
more restrictive requirement while fishing in state waters. However,
surrender of a surf clam and ocean quahog vessel permit by the owner by
certified mail addressed to the Regional Director allows an individual
to comply with the less restrictive state minimum size requirement, so
long as fishing is conducted exclusively within state waters.
(c) Vessel permit applications--(1) General. Applicants for a
permit under this section must submit a completed application on an
appropriate form obtained from the Regional Director. The application
must be signed by the owner of the vessel, or the owner's authorized
representative, and be submitted to the Regional Director at least 30
days before the date on which the applicant desires to have the permit
made effective. The Regional Director will notify the applicant of any
deficiency in the application pursuant to this section. Vessel owners
who are eligible to apply for limited access or moratorium permits
under this part shall provide information with the application
sufficient for the Regional Director to determine whether the vessel
meets the applicable eligibility requirements specified in this
section.
(2) Information requirements. (i) An application for a permit
issued under this section, in addition to the information specified in
paragraph (c)(1) of this section, also must contain at least the
following information, and any other information required by the
Regional Director: Vessel name; owner name, mailing address, and
telephone number; USCG documentation number and a copy of the vessel's
current USCG documentation or, for a vessel not required to be
documented under title 46 U.S.C., the vessel's state registration
number and a copy of the current state registration; a copy of the
vessel's current party/charter boat license (if applicable); home port
and principal port of landing; length overall; GRT; NT; engine
horsepower; year the vessel was built; type of construction; type of
propulsion; approximate fish hold capacity; type of fishing gear used
by the vessel; number of crew; number of party or charter passengers
licensed to carry (if applicable); permit category; if the owner is a
corporation, a copy of the current Certificate of Incorporation or
other corporate papers showing the date of incorporation and the names
of the current officers of the corporation, and the names and addresses
of all shareholders owning 25 percent or more of the corporation's
shares; if the owner is a partnership, a copy of the current
Partnership Agreement and the names and addresses of all partners; if
there is more than one owner, names of all owners having a 25-percent
interest or more; the name and signature of the owner or the owner's
authorized representative; and permit number of any current or, if
expired, previous Federal fishery permit issued to the vessel.
(ii) An application for an initial limited access multispecies
hook-gear permit must also contain the following information:
(A) If the engine horsepower was changed or a contract to change
the engine horsepower had been entered into prior to May 1, 1996, such
that it is different from that stated in the vessel's most recent
application for a Federal fisheries permit before May 1, 1996,
sufficient documentation to ascertain the different engine horsepower.
However, the engine replacement must be completed within 1 year of the
date of when the contract for the replacement engine was signed.
(B) If the length, GRT, or NT was changed or a contract to change
the length, GRT, or NT been entered into prior to May 1, 1996, such
that it is different from that stated in the vessel's most recent
application for a Federal fisheries permit, sufficient documentation to
ascertain the different length, GRT, or NT. However, the upgrade must
be completed within 1 year from the date when the contract for the
upgrade was signed.
(iii) An application for a multispecies permit must also contain a
copy of the vendor installation receipt from a NMFS certified VTS
vendor as described in Sec. 648.9, if the vessel has been issued a
limited access multispecies Combination Vessel permit or individual DAS
category permit, or if the applicant elects to use a VTS unit, although
not required.
(iv) An application for a limited access scallop permit must also
contain the following information:
(A) For every person named by applicants for limited access scallop
permits pursuant to paragraph (c)(2)(i) of this section, the names of
all other vessels in which that person has an ownership interest and
for which a limited access scallop permit has been issued or applied
for.
(B) If applying for full-time or part-time limited access scallop
permit, or if opting to use a VTS unit, though not required, a copy of
the vendor installation receipt from a NMFS-approved VTS vendor as
described in Sec. 648.9.
(C) If applying to fish under the small dredge program set forth
under Sec. 648.51(e), an annual declaration into the program.
(v) An application for a surf clam and ocean quahog permit must
also contain the pump horsepower.
(d) Fees. The Regional Director may charge a fee to recover
administrative expenses of issuing a permit required under this
section. The amount of the fee is calculated in accordance with the
procedures of the NOAA Finance Handbook, available from the Regional
Director, for determining administrative costs of each special product
or service. The fee may not exceed such costs and is specified with
each application form. The appropriate fee must accompany each
application; if it does not, the application will be considered
incomplete for purposes of paragraph (e) of this section. Any fee paid
by an insufficiently funded commercial instrument shall render any
permit issued on the basis thereof null and void.
(e) Issuance. (1) Except as provided in subpart D of 15 CFR part
904, the
[[Page 34975]]
Regional Director shall issue a permit within 30 days of receipt of the
application, unless the application is deemed incomplete for the
following reasons:
(i) The applicant has failed to submit a complete application. An
application is complete when all requested forms, information,
documentation, and fees, if applicable, have been received and the
applicant has submitted all applicable reports specified in Sec. 648.7;
(ii) The application was not received by the Regional Director by
the applicable deadline set forth in this section;
(iii) The applicant and applicant's vessel failed to meet all
applicable eligibility requirements set forth in this section;
(iv) The applicant applying for a limited access multispecies
combination vessel or individual DAS permit, a full-time or part-time
limited access scallop permit, or electing to use a VTS, has failed to
meet all of the VTS requirements specified in Secs. 648.9 and 648.10;
or
(v) The applicant has failed to meet any other application
requirements stated in this part.
(2) Incomplete applications. Upon receipt of an incomplete or
improperly executed application for any permit under this part, the
Regional Director shall notify the applicant of the deficiency in the
application. If the applicant fails to correct the deficiency within 30
days following the date of notification, the application will be
considered abandoned.
(f) Change in permit information. Any change in the information
specified in paragraph (c)(2) of this section must be submitted by the
applicant in writing to the Regional Director within 15 days of the
change, or the permit is void.
(g) Expiration. A permit expires upon the renewal date specified in
the permit.
(h) Duration. A permit will continue in effect unless it is
revoked, suspended, or modified under 15 CFR part 904, or otherwise
expires, or ownership changes, or the applicant has failed to report
any change in the information on the permit application to the Regional
Director as specified in paragraph (f) of this section. However, the
Regional Director may authorize the continuation of a permit if the new
owner so requests. Applications for permit continuations must be
addressed to the Regional Director.
(i) Alteration. Any permit that has been altered, erased, or
mutilated is invalid.
(j) Reissuance. Permits may be issued by the Regional Director when
requested in writing by the owner, stating the need for reissuance, the
name of the vessel, and the fishing permit number assigned. An
application for a reissued permit will not be considered a new
application. The fee for a reissued permit shall be the same as for an
initial permit.
(k) Transfer. Permits issued under this part are not transferable
or assignable. A permit will be valid only for the fishing vessel and
owner for which it is issued.
(l) Display. The permit must be carried, at all times, on board the
vessel for which it is issued, and must be maintained in legible
condition. The permit shall be subject to inspection upon request by
any authorized official.
(m) Sanctions. The Assistant Administrator may suspend, revoke, or
modify, any permit issued or sought under this section. Procedures
governing enforcement-related permit sanctions or denials are found at
subpart D of 15 CFR part 904.
Sec. 648.5 Operator permits.
(a) General. Any operator of a vessel fishing for or possessing sea
scallops in excess of 40 lb (18.1 kg), NE multispecies, Atlantic
mackerel, squid or butterfish harvested in or from the EEZ, or issued a
permit for these species under this part, must have and carry on board
a valid operator permit issued under this section. An operator permit
issued pursuant to part 649 shall satisfy the permitting requirement of
this section. This requirement does not apply to operators of
recreational vessels.
(b) Operator permit application. Applicants for a permit under this
section must submit a completed application on an appropriate form
provided by the Regional Director. The application must be signed by
the applicant and submitted to the Regional Director at least 30 days
before the date upon which the applicant desires to have the permit
made effective. The Regional Director will notify the applicant of any
deficiency in the application, pursuant to this section.
(c) Condition. Vessel operators who apply for an operator's permit
under this section must agree as a condition of this permit that the
operator and vessel's fishing, catch, crew size, and pertinent gear
(without regard to whether such fishing occurs in the EEZ or landward
of the EEZ, and without regard to where such fish or gear are
possessed, taken, or landed) are subject to all requirements of this
part while fishing in the EEZ or on board a vessel for which a permit
is issued under Sec. 648.4, unless exempted from such requirements
under Sec. 648.12. The vessel and all such fishing, catch, and gear
will remain subject to all applicable state or local requirements.
Further, such operators must agree, as a condition of this permit,
that, if the permit is suspended or revoked pursuant to 15 CFR part
904, the operator cannot be aboard any fishing vessel issued a Federal
fisheries permit or any vessel subject to Federal fishing regulations
while the vessel is at sea or engaged in offloading. If a requirement
of this part and a management measure required by state or local law
differ, any operator issued a permit under this part must comply with
the more restrictive requirement.
(d) Information requirements. An applicant must provide at least
all the following information and any other information required by the
Regional Director: Name, mailing address, and telephone number; date of
birth; hair color; eye color; height; weight; social security number
(optional); and signature of the applicant. The applicant must also
provide two recent (no more than 1 year old), color, passport-size
photographs.
(e) Fees. Same as Sec. 648.4(d).
(f) Issuance. Except as provided in subpart D of 15 CFR part 904,
the Regional Director shall issue an operator's permit within 30 days
of receipt of a completed application, if the criteria specified herein
are met. Upon receipt of an incomplete or improperly executed
application, the Regional Director will notify the applicant of the
deficiency in the application. If the applicant fails to correct the
deficiency within 30 days following the date of notification, the
application will be considered abandoned.
(g) Expiration. Same as Sec. 648.4(g).
(h) Duration. A permit is valid until it is revoked, suspended or
modified under 15 CFR part 904, or otherwise expires, or the applicant
has failed to report a change in the information on the permit
application to the Regional Director as specified in paragraph (k) of
this section.
(i) Reissuance. Reissued permits, for otherwise valid permits, may
be issued by the Regional Director when requested in writing by the
applicant, stating the need for reissuance and the Federal operator
permit number assigned. An applicant for a reissued permit must also
provide two recent, color, passport-size photos of the applicant. An
application for a reissued permit will not be considered a new
application. An appropriate fee may be charged.
(j) Transfer. Permits issued under this part are not transferable
or assignable. A permit is valid only for the person to whom it is
issued.
[[Page 34976]]
(k) Change in permit application information. Notice of a change in
the permit holder's name, address, or telephone number must be
submitted in writing to, and received by, the Regional Director within
15 days of the change i
FR Doc. 96-16660 Fisheries of the Northeastern United States
n information. If written notice of the change
in information is not received by the Regional Director within 15 days,
the permit is void.
(l) Alteration. Same as Sec. 648.4(i).
(m) Display. Any permit issued under this part must be maintained
in legible condition and displayed for inspection upon request by any
authorized officer or NMFS official.
(n) Sanctions. Vessel operators with suspended or revoked permits
may not be aboard a federally permitted fishing vessel in any capacity
while the vessel is at sea or engaged in offloading. Procedures
governing enforcement related permit sanctions and denials are found at
subpart D of 15 CFR part 904.
(o) Vessel owner responsibility. Vessel owners are responsible for
ensuring that their vessels are operated by an individual with a valid
operator's permit issued under this section.
Sec. 648.6 Dealer/processor permits.
(a) General. All NE multispecies, scallop, summer flounder, surf
clam and ocean quahog dealers, and surf clam and ocean quahog
processors must have been issued and have in their possession a permit
for such species issued under this section. As of January 1, 1997, all
mackerel, squid, and butterfish dealers must have been issued and have
in their possession a valid dealers permit for those species.
(b) Dealer/processor permit applications. Same as Sec. 648.5(b).
(c) Information requirements. Applications must contain at least
the following information, and any other information required by the
Regional Director: Company name, place(s) of business (principal place
of business if applying for a surf clam and ocean quahog permit),
mailing address(es) and telephone number(s), owner's name, dealer
permit number (if a renewal), name and signature of the person
responsible for the truth and accuracy of the application, a copy of
the certificate of incorporation if the business is a corporation, and
a copy of the Partnership Agreement and the names and addresses of all
partners if the business is a partnership.
(d) Fees. Same as Sec. 648.4(d).
(e) Issuance. Except as provided in subpart D of 15 CFR part 904,
the Regional Director will issue a permit at any time during the
fishing year to an applicant, unless the applicant fails to submit a
completed application. An application is complete when all requested
forms, information, and documentation have been received and the
applicant has submitted all applicable reports specified in Sec. 648.7
during the 12 months immediately preceding the application. Upon
receipt of an incomplete or improperly executed application, the
Regional Director will notify the applicant of the deficiency in the
application. If the applicant fails to correct the deficiency within 30
days following the date of notification, the application will be
considered abandoned.
(f) Expiration. Same as Sec. 648.4(g).
(g) Duration. A permit is valid until it is revoked, suspended, or
modified under 15 CFR part 904, or otherwise expires, or ownership
changes, or the applicant has failed to report any change in the
information on the permit application to the Regional Director as
required by paragraph (j) of this section.
(h) Reissuance. Reissued permits, for otherwise valid permits, may
be issued by the Regional Director when requested in writing by the
applicant, stating the need for reissuance and the Federal dealer
permit number assigned. An application for a reissued permit will not
be considered a new application. An appropriate fee may be charged.
(i) Transfer. Permits issued under this part are not transferable
or assignable. A permit is valid only for the person to whom, or other
business entity to which, it is issued.
(j) Change in application information. Same as Sec. 648.5(k).
(k) Alteration. Same as Sec. 648.4(i).
(l) Display. Same as Sec. 648.5(m).
(m) Federal versus state requirements. If a requirement of this
part differs from a fisheries management measure required by state law,
any dealer issued a Federal dealer permit must comply with the more
restrictive requirement.
(n) Sanctions. Same as Sec. 648.4(m).
Sec. 648.7 Recordkeeping and reporting requirements.
(a) Dealers--(1) Weekly report. Federally-permitted dealers must
send by mail to the Regional Director, or official designee, on a
weekly basis on forms supplied by or approved by the Regional Director
a report of fish purchases, except that surf clam and ocean quahog
dealers or processors are required only to report surf clam and ocean
quahog purchases. If authorized in writing by the Regional Director,
dealers may submit reports electronically or through other media. The
following information, and any other information required by the
Regional Director, must be provided in the report:
(i) Summer flounder, scallop, NE multispecies and squid, mackerel
and butterfish dealers must provide: Name and mailing address of
dealer, dealer number, name and permit number of the vessels from which
fish are landed or received, dates of purchases, pounds by species,
price by species, and port landed. If no fish are purchased during the
week, a report so stating must be submitted. All report forms must be
signed by the dealer or other authorized individual.
(ii) Surf clam and ocean quahog processors and dealers must
provide: Date of purchase or receipt; name, permit number and mailing
address; number of bushels by species; cage tag numbers; allocation
permit number; vessel name and permit number; price per bushel by
species. Dealers must also report disposition of surf clams or ocean
quahogs, including name and permit number of recipients. Processors
must also report size distribution and meat yield per bushel by
species.
(2) Annual report. All persons required to submit reports under
paragraph (a)(1) of this section are required to submit the following
information on an annual basis, on forms supplied by the Regional
Director:
(i) Summer flounder, scallop, NE multispecies, and squid, mackerel
and butterfish dealers must complete the ``Employment Data'' section of
the Annual Processed Products Reports; completion of the other sections
of that form is voluntary. Reports must be submitted to the address
supplied by the Regional Director.
(ii) Surf clam and ocean quahog processors and dealers must provide
the average number of processing plant employees during each month of
the year just ended; average number of employees engaged in production
of processed surf clam and ocean quahog products, by species, during
each month of the year just ended; plant capacity to process surf clam
and ocean quahog shellstock, or to process surf clam and ocean quahog
meats into finished products, by species; an estimate, for the next
year, of such processing capacities; and total payroll for surf clam
and ocean quahog processing, by month. If the plant processing
capacities described in this paragraph (a)(2)(ii) change more than 10
percent during any year, the processor shall promptly notify the
Regional Director.
(b) Vessel owners--(1) Fishing Vessel Log Reports--(i) Owners of
vessels issued summer flounder moratorium, scallop, multispecies, or
mackerel, squid, and butterfish permits. The owner or operator of any
vessel issued a vessel permit for summer flounder
[[Page 34977]]
moratorium, scallops, NE multispecies, or, as of January 1, 1997, a
mackerel, squid, or butterfish vessel permit, must maintain on board
the vessel, and submit, an accurate daily fishing log report for all
fishing trips, regardless of species fished for or taken, on forms
supplied by or approved by the Regional Director. If authorized in
writing by the Regional Director, vessel owners or operators may submit
reports electronically, for example by using a VTS or other media. At
least the following information, and any other information required by
the Regional Director, must be provided: Vessel name; USCG
documentation number (or state registration number, if undocumented);
permit number; date/time sailed; date/time landed; trip type; number of
crew; number of anglers (if a charter or party boat); gear fished;
quantity and size of gear; mesh/ring size; chart area fished; average
depth; latitude/longitude (or loran station and bearings); total hauls
per area fished; average tow time duration; pounds, by species, of all
species landed or discarded; dealer permit number; dealer name; date
sold; port and state landed; and vessel operator's name, signature, and
operator permit number (if applicable).
(ii) Surf clam and ocean quahog vessel owners and operators. The
owner or operator of any vessel conducting any surf clam and ocean
quahog fishing operations, except those conducted exclusively in waters
of a state that requires cage tags or when he/she has surrendered the
surf clam and ocean quahog fishing vessel permit, shall maintain, on
board the vessel, an accurate daily fishing log for each fishing trip,
on forms supplied by the Regional Director, showing at least: Name and
permit number of the vessel, total amount in bushels of each species
taken, date(s) caught, time at sea, duration of fishing time, locality
fished, crew size, crew share by percentage, landing port, date sold,
price per bushel, buyer, tag numbers from cages used, quantity of surf
clams and ocean quahogs discarded, and allocation permit number.
(iii) Owners of party and charter boats. The owner of any party or
charter boat issued a summer flounder permit other than a moratorium
permit and carrying passengers for hire shall maintain on board the
vessel, and submit, an accurate daily fishing log report for each
charter or party fishing trip that lands summer flounder, unless such a
vessel is also issued a summer flounder moratorium permit, a sea
scallop permit, a multispecies permit, or, as of January 1, 1997, a
mackerel, squid or butterfish permit, in which case a fishing log
report is required for each trip regardless of species retained. If
authorized in writing by the Regional Director, vessel owners may
submit reports electronically, for example, by using a VTS or other
media. At least the following information, and any other information
required by the Regional Director, must be provided: Vessel name; USGC
documentation number (or state registration number, if undocumented);
permit number; date/time sailed; date/time landed; trip type; number of
crew; number of anglers; gear fished; quantity and size of gear; chart
area fished; average depth; latitude/longitude (or loran station and
bearings); average tow time duration; count, by species, of all species
landed or discarded; port and state landed; and vessel operator's name,
signature, and operator permit number (if applicable).
(c) When to fill out a log report. Log reports required by
paragraph (b)(1)(i) of this section must be filled out, except for
information required but not yet ascertainable, before offloading or
landing has begun. All information must be filled out before starting
the next fishing trip. Log reports required by paragraph (b)(1)(ii) of
this section must be filled out before landing any surf clams or ocean
quahogs. Log reports required by paragraph (b)(1)(iii) of this section
must be filled out, except for information required but not yet
ascertainable, before offloading or landing has begun. All information
required in paragraph (b)(1)(iii) of this section must be filled out
for each fishing trip by the end of each fishing trip.
(d) Inspection. All persons required to submit reports under this
section, upon the request of an authorized officer, or by an employee
of NMFS designated by the Regional Director to make such inspections,
must make immediately available for inspection copies of the required
reports that have been submitted, or should have been submitted, and
the records upon which the reports were based. At any time during or
after a trip, owners and operators must make immediately available for
inspection the fishing log reports currently in use, or to be
submitted.
(e) Record retention. Copies of reports, and records upon which the
reports were based, must be retained and be available for review for 1
year after the date of the last entry on the report. Copies of fishing
log reports must be retained and available for review for 1 year after
the date of the last entry on the log. Dealers must retain required
reports and records at their principal place of business.
(f) Submitting reports--(1) Dealer or processor reports. Weekly
dealer or processor reports must be received or postmarked, if mailed,
within 3 days after the end of each reporting week. Each dealer will be
sent forms and instructions, including the address to which to submit
reports, shortly after receipt of a dealer permit. If no fish or fish
product was purchased during a week, a report so stating must be
submitted. Annual reports for a calendar year must be submitted to NMFS
Statistics, and must be postmarked by February 10 of the following
year. Contact the Regional Director for the address of NMFS Statistics.
(2) Fishing vessel log reports. Fishing log reports must be
received or postmarked, if mailed, within 15 days after the end of the
reporting month. Each owner will be sent forms and instructions,
including the address to which to submit reports, shortly after receipt
of a Federal fisheries permit. If no fishing trip is made during a
month, a report so stating must be submitted. Annual reports must be
submitted to NMFS Statistics and must be postmarked by February 10 of
the following year.
(3) At-sea purchasers, receivers, or processors. All persons
purchasing, receiving, or processing any summer flounder or mackerel,
squid, and butterfish at sea for landing at any port of the United
States must submit information identical to that required by paragraph
(a)(1) or (a)(2) of this section, as applicable, and provide those
reports to the Regional Director or designee on the same frequency
basis.
Sec. 648.8 Vessel identification.
(a) Vessel name and official number. Each fishing vessel subject to
this part and over 25 ft (7.6 m) in registered length must:
(1) Affix permanently its name on the port and starboard sides of
the bow and, if possible, on its stern.
(2) Display its official number on the port and starboard sides of
the deckhouse or hull, and on an appropriate weather deck so as to be
clearly visible from enforcement vessels and aircraft. The official
number is the USCG documentation number or the vessel's state
registration number for vessels not required to be documented under
title 46 U.S.C.
(b) Numerals. Except as provided in paragraph (d) of this section,
the official number must be displayed in block arabic numerals in
contrasting color at least 18 inches (45.7 cm) in height for fishing
vessels over 65 ft (19.8 m) in
[[Page 34978]]
registered length, and at least 10 inches (25.4 cm) in height for all
other vessels over 25 ft (7.6 m) in registered length. The registered
length of a vessel, for purposes of this section, is that registered
length set forth in USCG or state records.
(c) Duties of owner. The owner of each vessel subject to this part
shall ensure that--
(1) The vessel's name and official number are kept clearly legible
and in good repair.
(2) No part of the vessel, its rigging, its fishing gear, or any
other object obstructs the view of the official number from any
enforcement vessel or aircraft.
(d) Non-permanent marking. Vessels carrying recreational fishing
parties on a per capita basis or by charter must use markings that meet
the above requirements, except for the requirement that they be affixed
permanently to the vessel. The non-permanent markings must be displayed
in conformity with the above requirements.
(e) New Jersey surf clam or ocean quahog vessels. Instead of
complying with paragraph (a) of this section, surf clam or ocean quahog
vessels licensed under New Jersey law may use the appropriate vessel
identification markings established by that state.
Sec. 648.9 VTS requirements.
(a) Approval. The Regional Director will annually approve VTSs that
meet the minimum performance criteria specified in paragraph (b) of
this section. Any changes to the performance criteria will be published
annually in the Federal Register and a list of approved VTSs will be
published in the Federal Register upon addition or deletion of a VTS
from the list. In the event that a VTS is deleted from the list, vessel
owners that purchased a VTS unit that is part of that VTS prior to
publication of the revised list will be considered to be in compliance
with the requirement to have an approved unit, unless otherwise
notified by the Regional Director.
(b) Minimum VTS performance criteria. The basic required features
of the VTS are as follows:
(1) The VTS shall be tamper proof, i.e., shall not permit the input
of false positions; furthermore, if a system uses satellites to
determine position, satellite selection should be automatic to provide
an optimal fix and should not be capable of being manually overridden
by any person aboard a fishing vessel or by the vessel owner.
(2) The VTS shall be fully automatic and operational at all times,
regardless of weather and environmental conditions.
(3) The VTS shall be capable of tracking vessels in all U.S. waters
in the Atlantic Ocean from the shoreline of each coastal state to a
line 215 nm offshore and shall provide position accuracy to within 400
m (1,300 ft).
(4) The VTS shall be capable of transmitting and storing
information including vessel identification, date, time, and latitude/
longitude.
(5) The VTS shall provide accurate hourly position transmissions
every day of the year. In addition, the VTS shall allow polling of
individual vessels or any set of vessels at any time and receive
position reports in real time. For the purposes of this specification,
``real time'' shall constitute data that reflect a delay of 15 minutes
or less between the displayed information and the vessel's actual
position.
(6) The VTS shall be capable of providing network message
communications between the vessel and shore. The VTS shall allow NMFS
to initiate communications or data transfer at any time.
(7) The VTS vendor shall be capable of transmitting position data
to a NMFS-designated computer system via a modem at a minimum speed of
9600 baud. Transmission shall be in ASCII text in a file format
acceptable to NMFS.
(8) The VTS shall be capable of providing vessel locations relative
to international boundaries and fishery management areas.
(9) The VTS vendor shall be capable of archiving vessel position
histories for a minimum of 1 year and providing transmission to NMFS of
specified portions of archived data in response to NMFS requests and in
a variety of media (tape, floppy, etc.).
(c) Operating requirements. All required VTS units must transmit a
signal indicating the vessel's accurate position at least every hour,
24 hours a day, throughout the year.
(d) Presumption. If a VTS unit fails to transmit an hourly signal
of a vessel's position, the vessel shall be deemed to have incurred a
DAS, or fraction thereof, for as long as the unit fails to transmit a
signal, unless a preponderance of evidence shows that the failure to
transmit was due to an unavoidable malfunction or disruption of the
transmission that occurred while the vessel was declared out of the
scallop fishery or NE multispecies fishery, as applicable, or was not
at sea.
(e) Replacement. Should a VTS unit require replacement, a vessel
owner must submit documentation to the Regional Director, within 3 days
of installation and prior to the vessel's next trip, verifying that the
new VTS unit is an operational approved system as described under
paragraph (a)(1) of this section.
(f) Access. As a condition to obtaining a limited access scallop or
multispecies permit, all vessel owners must allow NMFS, the USCG, and
their authorized officers or designees access to the vessel's DAS and
location data obtained from its VTS at the time of or after its
transmission to the vendor or receiver, as the case may be.
(g) Tampering. Tampering with a VTS, a VTS unit, or a VTS signal,
is prohibited. Tampering includes any activity that is likely to affect
the unit's ability to operate properly, signal, or accuracy of
computing the vessel's position fix.
Sec. 648.10 DAS notification requirements.
(a) VTS Demarcation Line. The VTS Demarcation Line is defined by
straight lines connecting the following coordinates in the order stated
(a copy of a map showing the line is available from the Regional
Director upon request):
VTS Demarcation Line
------------------------------------------------------------------------
Description N. Long. W. Lat.
------------------------------------------------------------------------
1. Northern terminus point 45 deg.03' 66 deg.47'
(Canada landmass).
2. A point east of West Quoddy 44 deg.48.9' 66 deg.56.1'
Head Light.
3. A point east of Little River 44 deg.39.0' 67 deg.10.5'
Light.
4. Whistle Buoy ``8BI'' (SSE of 44 deg.13.6' 68 deg.10.8'
Baker Island).
5. Isle au Haut Light........... 44 deg.03.9' 68 deg.39.1'
6. Pemaquid Point Light......... 43 deg.50.2' 69 deg.30.4'
7. A point west of Halfway Rock. 43 deg.38.0' 70 deg.05.0'
8. A point east of Cape Neddick 43 deg.09.9' 70 deg.34.5'
Light.
[[Page 34979]]
9. Merrimack River Entrance 42 deg.48.6' 70 deg.47.1'
``MR'' Whistle Buoy.
10. Halibut Point Gong Buoy 42 deg.42.0' 70 deg.37.5'
``1AHP''.
11. Connecting reference point.. 42 deg.40' 70 deg.30'
12. Whistle Buoy ``2'' off 42 deg.34.3' 70 deg.39.8'
Eastern Point.
13. The Graves Light (Boston)... 42 deg.21.9' 70 deg.52.2'
14. Minots Ledge Light.......... 42 deg.16.2' 70 deg.45.6'
15. Farnham Rock Lighted Bell 42 deg.05.6' 70 deg.36.5'
Buoy.
16. Cape Cod Canal Bell Buoy 41 deg.48.9' 70 deg.27.7'
``CC''.
17. A point inside Cape Cod Bay. 41 deg.48.9' 70 deg.05'
18. Race Point Lighted Bell Buoy 42 deg.04.9' 70 deg.16.8'
``RP''.
19. Peaked Hill Bar Whistle Buoy 42 deg.07.0' 70 deg.06.2'
``2PH''.
20. Connecting point, off Nauset 41 deg.50' 69 deg.53'
Light.
21. A point south of Chatham 41 deg.38' 69 deg.55.2'
``C'' Whistle Buoy.
22. A point in eastern Vineyard 41 deg.30' 70 deg.33'
Sound.
23. A point east of Martha's 41 deg.22.2' 70 deg.24.6'
Vineyard.
24. A point east of Great Pt. 41 deg.23.4' 69 deg.57'
Light, Nantucket.
25. A point SE of Sankaty Head, 41 deg.13' 69 deg.57'
Nantucket.
26. A point west of Nantucket... 41 deg.15.6' 70 deg.25.2'
27. Squibnocket Lighted Bell 41 deg.15.7' 70 deg.46.3'
Buoy ``1''.
28. Wilbur Point (on Sconticut 41 deg.35.2' 70 deg.51.2'
Neck).
29. Mishaum Point (on Smith 41 deg.31.0' 70 deg.57.2'
Neck).
30. Sakonnet Entrance Lighted 41 deg.25.7' 71 deg.13.4'
Whistle Buoy ``SR''.
31. Point Judith Lighted Whistle 41 deg.19.3' 71 deg.28.6'
Buoy ``2''.
32. A point off Block Island 41 deg.08.2' 71 deg.32.1'
Southeast Light.
33. Shinnecock Inlet Lighted 40 deg.49.0' 72 deg.28.6'
Whistle Buoy ``SH''.
34. Scotland Horn Buoy ``S'', 40 deg.26.5' 73 deg.55.0'
off Sandy Hook (NJ).
35. Barnegat Lighted Gong Buoy 39 deg.45.5' 73 deg.59.5'
``2''.
36. A point east of Atlantic 39 deg.21.9' 74 deg.22.7'
City Light.
37. A point east of Hereford 39 deg.00.4' 74 deg.46'
Inlet Light.
38. A point east of Cape 38 deg.47' 75 deg.04'
Henlopen Light.
39. A point east of Fenwick 38 deg.27.1' 75 deg.02'
Island Light.
40. A point NE of Assateague 38 deg.00' 75 deg.13'
Island (VA).
41. Wachapreague Inlet Lighted 37 deg.35.0' 75 deg.33.7'
Whistle Buoy ``A''.
42. A point NE of Cape Henry.... 36 deg.55.6' 75 deg.58.5'
43. A point east of Currituck 36 deg.22.6' 75 deg.48'
Beach Light.
44. Oregon Inlet (NC) Whistle 35 deg.48.5' 75 deg.30'
Buoy.
45. Wimble Shoals, east of 35 deg.36' 75 deg.26'
Chicamacomico.
46. A point SE of Cape Hatteras 35 deg.12.5' 75 deg.30'
Light.
47. Hatteras Inlet Entrance Buoy 35 deg.10' 75 deg.46'
``HI''.
48. Ocracoke Inlet Whistle Buoy 35 deg.01.5' 76 deg.00.5'
``OC''.
49. A point east of Cape Lookout 34 deg.36.5' 76 deg.30'
Light.
50. Southern terminus point..... 34 deg.35' 76 deg.41'
------------------------------------------------------------------------
(b) VTS notification. Multispecies vessels issued an individual DAS
or combination permit, scallop vessels issued a full-time or part-time
limited access scallop permit, or scallop vessels fishing under the
small dredge program specified in Sec. 648.51(e), or vessels issued a
limited access multispecies or scallop permit and whose owners elect to
fish under the VTS notification of this paragraph (b), unless otherwise
authorized or required by the Regional Director under Sec. 648.9(a),
must have installed on board an operational VTS unit that meets the
minimum performance criteria specified in Sec. 648.9(b), or as modified
as specified in Sec. 648.9(a). Owners of such vessels must provide
documentation to the Regional Director at the time of application for a
limited access permit that the vessel has an operational VTS unit that
meets the minimum performance criteria specified in Sec. 648.9(b), or
as modified as specified in Sec. 648.9(a). If a vessel has already been
issued a limited access permit without providing such documentation,
the Regional Director shall allow at least 30 days for the vessel to
instal an operational VTS unit that meets the minimum performance
criteria specified in Sec. 648.9(b), or as modified as specified in
Sec. 648.9(a), and to provide documentation of such installation to the
Regional Director. The VTS unit shall be subject to the following
requirements and presumption:
(1) Multispecies vessels issued an individual DAS or combination
permit, scallop vessels issued a full-time or part-time limited access
scallop permit, or vessels issued a limited access multispecies or
scallop permit and whose owners elect to fish under the VTS
notification of this paragraph (b), that have crossed the VTS
Demarcation Line specified under paragraph (a) of this section, are
deemed to be fishing under the DAS program, unless the vessel's owner
or authorized representative declares the vessel out of the scallop or
NE multispecies fishery, as applicable, for a specific time period by
notifying the Regional Director through the VTS prior to the vessel
leaving port.
(2) Part-time scallop vessels may not fish in the DAS allocation
program unless they declare into the scallop fishery for a specific
time period by notifying the Regional Director through the VTS.
(3) Notification that the vessel is not under the DAS program must
be received prior to the vessel leaving port. A change in status of a
vessel cannot be made after the vessel leaves port or before it returns
to port on any fishing trip.
(4) DAS for vessels that are under the VTS notification
requirements of this paragraph (b) are counted beginning
[[Page 34980]]
with the first hourly location signal received showing that the vessel
crossed the VTS Demarcation Line leaving port. A trip concludes and
accrual of DAS ends with the first hourly location signal received
showing that the vessel crossed the VTS Demarcation Line upon its
return to port.
(5) If the VTS is not available or not functional, and if
authorized by the Regional Director, a vessel owner must provide the
notifications required by paragraphs (b)(1), (2), and (3) of this
section by using the call-in notification system described under
paragraph (c) of this section, instead of using the VTS system.
(c) Call-in notification. Owners of vessels issued limited access
multispecies permits who are participating in a DAS program and who are
not required to provide notification using a VTS, owners of scallop
vessels qualifying for a DAS allocation under the occasional category
and who have not elected to fish under the VTS notification
requirements of paragraph (b) of this section, and vessels fishing
pending an appeal as specified in Sec. 648.4(a)(1)(i)(H)(3) are subject
to the following requirements:
(1) Prior to the vessel leaving port, the vessel owner or
authorized representative must notify the Regional Director that the
vessel will be participating in the DAS program or the charter/party
fishery by calling the Regional Director and providing the following
information: Owner and caller name and phone number, vessel's name and
permit number, type of trip to be taken, and that the vessel is
beginning a trip. For NE multispecies vessels, the port of departure
also must be specified. A DAS or a vessel's participation in the
charter/party fishery begins once the call has been received and a
confirmation number is given by the Regional Director.
(2) The confirmation number given by the Regional Director must be
kept on board for the duration of the trip and must be provided to an
authorized officer upon request.
(3) Upon the vessel's return to port, the vessel owner or owner's
representative must call the Regional Director and notify him/her that
the trip has ended by providing the following information: Owner and
caller name and phone number, vessel's name and permit number, and that
the vessel has ended a trip. For NE multispecies vessels, the port of
landing also must be specified. A DAS ends for all but vessels fishing
with gillnet gear when the call has been received and confirmation
given by the Regional Director. For vessels fishing with gillnet gear,
DAS continue to accrue as long as the vessel's gillnet gear remains in
the water. A trip concludes and accrual of DAS ends for a gillnet
vessel when the vessel returns to port with all of its gillnet gear
that was in the water on board, the phone call has been received, and
confirmation has been given by the Regional Director.
(4) The Regional Director will furnish a phone number for DAS
notification call-ins upon request.
(5) Any vessel that possesses or lands per trip more than 400 lb
(181.44 kg) of scallops, and any vessel issued a limited access
multispecies permit subject to the DAS program and call-in requirement,
that possesses or lands regulated species, except as provided in
Sec. 648.83, shall be deemed in the DAS program for purposes of
counting DAS, regardless of whether the vessel's owner or authorized
representative provided adequate notification as required by paragraph
(b) of this section.
(d) Temporary authorization for use of the call-in system. The
Regional Director may authorize or require, on a temporary basis, the
use of the call-in system of notification specified in paragraph (c) of
this section. If use of the call-in system is authorized or required,
the Regional Director shall notify affected permit holders through a
letter, notification in the Federal Register, or other appropriate
means.
(e) Charter/party multispecies vessels. Charter/party multispecies
vessels that are not fishing under a multispecies DAS must declare into
and out of the charter/party fishery, providing notification under
paragraph (b) of this section, must remain in the charter/party fishery
for a minimum of 24 hours after declaring into the fishery, and are
subject to the restrictions in Sec. 648.89.
(f) Scallop vessels fishing under exemptions. Vessels fishing under
the exemptions provided by Sec. 648.54 (a) and/or (b) must notify the
Regional Director by VTS notification or through call-in notification
as follows:
(1) VTS notification. (i) Notify the Regional Director, via their
VTS, prior to the vessel's first trip under the state waters exemption
program, that the vessel will be fishing exclusively in state waters;
and
(ii) Notify the Regional Director, via their VTS, prior to the
vessel's first planned trip in the EEZ, that the vessel is to resume
fishing under the vessel's DAS allocation.
(2) Call-in notification. (i) Notify the Regional Director by
calling the Regional Director and providing the following information
at least 7 days prior to fishing under the exemption: Owner and caller
name and address, vessel name and permit number, and beginning and
ending dates of the exemption period.
(ii) Remain under the exemption for a minimum of 7 days.
(iii) If, under the exemption for a minimum of 7 days and wishing
to withdraw earlier than the designated end of the exemption period,
notify the Regional Director of early withdrawal from the program by
calling the Regional Director, providing the vessel's name and permit
number and the name and phone number of the caller, and stating that
the vessel is withdrawing from the exemption. The vessel may not leave
port to fish in the EEZ until 48 hours after notification of early
withdrawal is received by the Regional Director.
(iv) The Regional Director will furnish a phone number for call-ins
upon request.
Sec. 648.11 At-sea sea sampler/observer coverage.
(a) The Regional Director may request any vessel holding a
mackerel, squid, and butterfish; scallop; NE multispecies; or summer
flounder permit to carry a NMFS-approved sea sampler/observer. If
requested by the Regional Director to carry an observer or sea sampler,
a vessel may not engage in any fishing operations in the respective
fishery unless an observer or sea sampler is on board, or unless the
requirement is waived.
(b) If requested by the Regional Director to carry an observer or
sea sampler, it is the responsibility of the vessel owner to arrange
for and facilitate observer or sea sampler placement. Owners of vessels
selected for sea sampler/observer coverage must notify the appropriate
Regional or Science and Research Director, as specified by the Regional
Director, before commencing any fishing trip that may result in the
harvest of resources of the respective fishery. Notification procedures
will be specified in selection letters to vessel owners.
(c) The Regional Director may waive the requirement to carry a sea
sampler or observer if the facilities on a vessel for housing the
observer or sea sampler, or for carrying out observer or sea sampler
functions, are so inadequate or unsafe that the health or safety of the
observer or sea sampler, or the safe operation of the vessel, would be
jeopardized.
(d) An owner or operator of a vessel on which a NMFS-approved sea
sampler/observer is embarked must:
(1) Provide accommodations and food that are equivalent to those
provided to the crew.
[[Page 34981]]
(2) Allow the sea sampler/observer access to and use of the
vessel's communications equipment and personnel upon request for the
transmission and receipt of messages related to the sea sampler's/
observer's duties.
(3) Provide true vessel locations, by latitude and longitude or
loran coordinates, as requested by the observer/sea sampler, and allow
the sea sampler/observer access to and use of the vessel's navigation
equipment and personnel upon request to determine the vessel's
position.
(4) Notify the sea sampler/observer in a timely fashion of when
fishing operations are to begin and end.
(5) Allow for the embarking and debarking of the sea sampler/
observer, as specified by the Regional Director, ensuring that
transfers of observers/sea samplers at sea are accomplished in a safe
manner, via small boat or raft, during daylight hours as weather and
sea conditions allow, and with the agreement of the sea samplers/
observers involved.
(6) Allow the sea sampler/observer free and unobstructed access to
the vessel's bridge, working decks, holding bins, weight scales, holds,
and any other space used to hold, process, weigh, or store fish.
(7) Allow the sea sampler/observer to inspect and copy any the
vessel's log, communications log, and records associated with the catch
and distribution of fish for that trip.
(e) The owner or operator of a summer flounder vessel, if requested
by the sea sampler/observer also must:
(1) Notify the sea sampler/observer of any sea turtles, marine
mammals, summer flounder, or other specimens taken by the vessel.
(2) Provide the sea sampler/observer with sea turtles, marine
mammals, summer flounder, or other specimens taken by the vessel.
(3) Provide storage for biological specimens, including cold
storage if available, and retain such specimens on board the vessel as
instructed by the sea sampler/observer, until retrieved by authorized
NMFS personnel.
(f) NMFS may accept observer coverage funded by outside sources if:
(1) All coverage conducted by such observers is determined by NMFS
to be in compliance with NMFS' observer guidelines and procedures.
(2) The owner or operator of the vessel complies with all other
provisions of this part.
(3) The observer is approved by the Regional Director.
Sec. 648.12 Experimental fishing.
The Regional Director may exempt any person or vessel from the
requirements of subparts B (Atlantic mackerel, squid, and butterfish),
D (sea scallops), E (surf clams and ocean quahogs), F (NE multispecies)
or G (summer flounder) of this part for the conduct of experimental
fishing beneficial to the management of the resources or fishery
managed under that subpart. The Regional Director shall consult with
the Executive Director of the MAFMC regarding such exemptions for the
Atlantic mackerel, squid, and butterfish and the summer flounder
fisheries.
(a) The Regional Director may not grant such an exemption unless
he/she determines that the purpose, design, and administration of the
exemption is consistent with the objectives of the respective FMP, the
provisions of the Magnuson Act, and other applicable law, and that
granting the exemption will not:
(1) Have a detrimental effect on the respective resources and
fishery;
(2) Cause any quota to be exceeded; or
(3) Create significant enforcement problems.
(b) Each vessel participating in any exempted experimental fishing
activity is subject to all provisions of the respective FMP, except
those necessarily relating to the purpose and nature of the exemption.
The exemption will be specified in a letter issued by the Regional
Director to each vessel participating in the exempted activity. This
letter must be carried on board the vessel seeking the benefit of such
exemption.
(c) Experimental fishing for surf clams or ocean quahogs will not
require an allocation permit.
Sec. 648.13 Transfers at sea.
(a) Only vessels issued a Loligo and butterfish moratorium permit
under Sec. 648.4(a)(5) and vessels issued a mackerel, squid, and
butterfish incidental catch permit and authorized in writing by the
Regional Director to do so, may transfer or attempt to transfer Loligo
or butterfish from one vessel to another vessel.
(b) Vessels issued a multispecies permit under Sec. 648.4(a)(1) or
a scallop permit under Sec. 648.4(a)(2) are prohibited from
transferring or attempting to transfer any fish from one vessel to
another vessel, except that vessels issued a multispecies permit under
Sec. 648.4(a)(1) and specifically authorized in writing by the Regional
Director to do so, may transfer species other than regulated species
from one vessel to another vessel.
(c) All persons are prohibited from transferring or attempting to
transfer NE multispecies or scallops from one vessel to another vessel,
except in accordance with paragraph (b) of this section.
Sec. 648.14 Prohibitions.
(a) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter, it is unlawful for any person to do any
of the following:
(1) Fail to report to the Regional Director within 15 days any
change in the information contained in an applicable vessel, operator,
or dealer/processor permit application.
(2) Falsify or fail to affix and maintain vessel markings as
required by Sec. 648.8.
(3) Make any false statement in connection with an application,
declaration, or report under this part.
(4) Fail to comply in an accurate and timely fashion with the log
report, reporting, record retention, inspection, and other requirements
of Sec. 648.7, or submit or maintain false information in records and
reports required to be kept or filed under Sec. 648.7.
(5) Alter, erase, or mutilate any permit issued under this part.
(6) Alter, erase, mutilate, duplicate or cause to be duplicated, or
steal any cage tag issued under this part.
(7) Tamper with, damage, destroy, alter, or in any way distort,
render useless, inoperative, ineffective, or inaccurate the VTS, VTS
unit, or VTS signal required to be installed on or transmitted by
vessel owners or operators required to use a VTS by this part.
(8) Assault, resist, oppose, impede, harass, intimidate, or
interfere with or bar by command, impediment, threat, or coercion
either a NMFS-approved observer or sea sampler aboard a vessel
conducting his or her duties aboard a vessel, or an authorized officer
conducting any search, inspection, investigation, or seizure in
connection with enforcement of this part.
(9) Refuse to carry an observer or sea sampler if requested to do
so by the Regional Director.
(10) To refuse reasonable assistance to either a NMFS-approved
observer or sea sampler conducting his or her duties aboard a vessel.
(11) Fish for surf clams or ocean quahogs in any area closed to
surf clam or ocean quahog fishing.
(12) Fish for, take, catch, harvest or land any species of fish
regulated by this part in or from the EEZ, unless the vessel has a
valid and appropriate permit issued under this part and the permit is
on board the vessel and has not been surrendered, revoked, or
suspended.
[[Page 34982]]
(13) Purchase, possess or receive for a commercial purpose or
attempt to purchase possess or receive for a commercial purpose any
species regulated under this part unless in possession of a valid
dealer permit issued under this part, except that this prohibition does
not apply to species that are purchased or received from a vessel not
issued a permit under this part and fishing exclusively in state
waters.
(14) Produce, or cause to be produced, cage tags required under
this part without written authorization from the Regional Director.
(15) Tag a cage with a tag that has been rendered null and void or
with a tag that has been previously used.
(16) Tag a cage of surf clams with an ocean quahog cage tag or tag
a cage of ocean quahogs with a surf clam cage tag.
(17) Possess, import, export, transfer, land, have custody or
control of any species of fish regulated pursuant to this part that do
not meet the minimum size provisions in this part, unless such species
were harvested exclusively within state waters by a vessel not issued a
permit under this part or whose permit has been surrendered in
accordance with applicable regulations.
(18) Possess an empty cage to which a cage tag required by
Sec. 648.75 is affixed or possess any cage that does not contain surf
clams or ocean quahogs and to which a cage tag required by Sec. 648.75
is affixed.
(19) Land or possess, after offloading, any cage holding surf clams
or ocean quahogs without a cage tag or tags required by Sec. 648.75,
unless the person can demonstrate the inapplicability of the
presumption set forth in Sec. 648.75(t)(1)(iii).
(20) Sell null and void tags.
(21) Shuck surf clams or ocean quahogs harvested in or from the EEZ
at sea, unless permitted by the Regional Director under the terms of
Sec. 648.74.
(22) Receive for a commercial purpose other than transport, surf
clams or ocean quahogs harvested in or from the EEZ, whether or not
they are landed under an allocation under Sec. 648.70, unless issued a
dealer/processor permit under this part.
(23) Land unshucked surf clams or ocean quahogs harvested in or
from the EEZ in containers other than cages from vessels capable of
carrying cages.
(24) Offload unshucked surf clams or ocean quahogs harvested in or
from the EEZ from vessels not capable of carrying cages other than
directly into cages.
(25) Fish for surf clams or ocean quahogs in the EEZ without giving
prior notification, or fail to comply with any of the notification
requirements specified in Sec. 648.15(b).
(26) Fish for, retain, or land both surf clams and ocean quahogs in
or from the EEZ on the same trip.
(27) Fish for, retain, or land ocean quahogs in or from the EEZ on
a trip designated as a surf clam fishing trip under Sec. 648.15(b), or
fish for, retain, or land surf clams in or from the EEZ on a trip
designated as an ocean quahog fishing trip under Sec. 648.15(b).
(28) Fail to offload any surf clams or ocean quahogs harvested in
the EEZ from a trip discontinued pursuant to Sec. 648.15(b) prior to
commencing fishing operations in waters under the jurisdiction of any
state.
(29) Land or possess any surf clams or ocean quahogs harvested in
or from the EEZ in excess of, or without, an individual allocation.
(30) Transfer any surf clams or ocean quahogs harvested in or from
the EEZ to any person for a commercial purpose, other than transport,
without a surf clam or ocean quahog processor or dealer permit.
(31) Fish for, possess, or land NE multispecies, unless:
(i) The NE multispecies are being fished for or were harvested in
or from the EEZ by a vessel holding a valid multispecies permit under
this part, or a letter under Sec. 648.4(a)(1), and the operator on
board such vessel has been issued an operator's permit and has a valid
permit on board the vessel;
(ii) The NE multispecies were harvested by a vessel not issued a
multispecies permit that fishes for NE multispecies exclusively in
state waters; or
(iii) The NE multispecies were harvested in or from the EEZ by a
recreational fishing vessel.
(32) Land, offload, remove, or otherwise transfer, or attempt to
land, offload, remove or otherwise transfer multispecies from one
vessel to another vessel, unless both vessels have not been issued
multispecies permits and both fish exclusively in state waters, or
unless authorized in writing by the Regional Director.
(33) Sell, barter, trade, or otherwise transfer; or attempt to
sell, barter, trade, or otherwise transfer for a commercial purpose any
NE multispecies from a trip, unless the vessel is holding a
multispecies permit, or a letter under Sec. 648.4(a)(1), and is not
fishing under the charter/party vessel restrictions specified in
Sec. 648.89, or unless the NE multispecies were harvested by a vessel
without a multispecies permit that fishes for NE multispecies
exclusively in state waters.
(34) Operate or act as an operator of a vessel fishing for or
possessing NE multispecies in or from the EEZ, or holding a
multispecies permit without having been issued and possessing a valid
operator's permit.
(35) Fish with, use, or have on board within the area described in
Sec. 648.80(a)(1), nets of mesh whose size is smaller than the minimum
mesh size specified in Sec. 648.80(a)(2), except as provided in
Sec. 648.80(a) (3) through (6), (a)(8), (a)(9), (d), (e) and (i), or
unless the vessel has not been issued a multispecies permit and fishes
for NE multispecies exclusively in state waters.
(36) Fish with, use, or have available for immediate use within the
area described in Sec. 648.80(b)(1), nets of mesh size smaller than the
minimum size specified in Sec. 648.80(b)(2), except as provided in
Sec. 648.80 (b)(3), (d), (e), and (i), or unless the vessel has not
been issued a multispecies permit and fishes for multispecies
exclusively in state waters.
(37) Fish with, use, or have available for immediate use within the
area described in Sec. 648.80(c)(1), nets of mesh size smaller than the
minimum size specified in Sec. 648.80(c)(2), except as provided in
Sec. 648.8 (c)(3), (d), (e), and (i), or unless the vessel has not been
issued a multispecies permit and fishes for NE multispecies exclusively
in state waters.
(38) Enter or be in the area described in Sec. 648.81(a)(1) on a
fishing vessel, except as provided in Sec. 648.81(a) (2) and (d).
(39) Enter or be in the area described in Sec. 648.81(b)(1) on a
fishing vessel, except as provided by Sec. 648.81(b)(2).
(40) Enter or be in the area described in Sec. 648.81(c)(1), on a
fishing vessel, except as provided in Sec. 648.81 (c)(2) and (d)(2).
(41) Fail to comply with the gear-marking requirements of
Sec. 648.84.
(42) Fish within the areas described in Sec. 648.80(a)(4) with nets
of mesh smaller than the minimum size specified in Sec. 648.80(a)(2),
unless the vessel is issued and possesses on board an authorizing
letter issued under Sec. 648.80(a)(4)(i).
(43) Violate any of the provisions of Sec. 648.80(a)(4), (5), (8),
or (9). A violation of any of these paragraphs is a separate violation.
(44) Fish for, land, or possess NE multispecies harvested by means
of pair trawling or with pair trawl gear, except under the provisions
of Sec. 648.80(d), or unless the vessels that engaged in pair trawling
have not been issued multispecies permits and fish for NE multispecies
exclusively in state waters.
[[Page 34983]]
(45) Fish for, harvest, possess, or land in or from the EEZ
northern shrimp, unless such shrimp were fished for or harvested by a
vessel meeting the requirements specified in Sec. 648.80(a)(3).
(46) Violate any terms of a letter authorizing experimental fishing
pursuant to Sec. 648.12 or fail to keep such letter on board the vessel
during the period of the experiment.
(47) Fish for the species specified in Sec. 648.80 (d) or (e) with
a net of mesh size smaller than the applicable mesh size specified in
Sec. 648.80(a) (2), (b)(2), or (c)(2), or possess or land such species,
unless the vessel is in compliance with the requirements specified in
Sec. 648.80 (d) or (e), or unless the vessel has not been issued a
multispecies permit and fishes for NE multispecies exclusively in state
waters.
(48) Violate any provision of Sec. 648.88.
(49) Violate any of the restrictions on fishing with scallop dredge
gear specified in Sec. 648.80(h).
(50) Violate any of the provisions of Sec. 648.80(i).
(51) Obstruct or constrict a net as described in Sec. 648.80(g) (1)
or (2).
(52) Enter, be on a fishing vessel in, or fail to remove gear from
the EEZ portion of the areas described in Sec. 648.81 (f)(1) through
(h)(1) during the time period specified, except as provided in
Sec. 648.81(d), (f)(2), (g)(2), and (h)(2).
(53) Possess, land, or fish for regulated species, except winter
flounder as provided for in accordance with Sec. 648.80(i) and from or
within the areas described in Sec. 648.80(i), while in possession of
scallop dredge gear on a vessel not fishing under the scallop DAS
program as described in Sec. 648.53, or fishing under a general scallop
permit, unless the vessel and the dredge gear conform with the stowage
requirements of Sec. 648.51 (a)(2)(ii) and (e)(2), or unless the vessel
has not been issued a multispecies permit and fishes for NE
multispecies exclusively in state waters.
(54) Possess or land fish caught with nets of mesh smaller than the
minimum size specified in Sec. 648.51, or with scallop dredge gear on a
vessel not fishing under the scallop DAS program described in
Sec. 648.54 of this chapter, or fishing under a general scallop permit,
unless said fish are caught, possessed or landed in accordance with
Secs. 648.80 and 648.86, or unless the vessel has not been issued a
multispecies permit and fishes for NE multispecies exclusively in state
waters.
(55) Purchase, possess, or receive as a dealer, or in the capacity
of a dealer, regulated species in excess of the possession limit
specified in Sec. 648.86 applicable to a vessel issued a multispecies
permit.
(56) Possess, or land per trip, scallops in excess of 40 lb (18.14
kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, unless:
(i) The scallops were harvested by a vessel that has been issued
and carries on board a general or limited access scallop permit; or
(ii) The scallops were harvested by a vessel that has not been
issued a scallop permit and fishes for scallops exclusively in state
waters.
(57) Fish for, possess, or land per trip, scallops in excess of 400
lb (181.44 kg) of shucked, or 50 bu (176.2 L) of in-shell scallops,
unless:
(i) The scallops were harvested by a vessel that has been issued
and carries on board a limited access scallop permit, or a letter under
Sec. 648.4(b)(2)(viii)(F); or
(ii) The scallops were harvested by a vessel that has not been
issued a scallop permit and fishes for scallops exclusively in state
waters.
(58) Fish for, possess, or land per trip, scallops in excess of 40
lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops,
unless:
(i) The scallops were harvested by a vessel with an operator on
board who has been issued an operator's permit and the permit is on
board the vessel and is valid; or
(ii) The scallops were harvested by a vessel that has not been
issued a scallop permit and fishes for scallops exclusively in state
waters.
(59) Have a shucking or sorting machine on board a vessel that
shucks scallops at sea, while in possession of more than 400 lb (181.44
kg) of shucked scallops, unless that vessel has not been issued a
scallop permit and fishes exclusively in state waters.
(60) Land, offload, remove, or otherwise transfer, or attempt to
land, offload, remove or otherwise transfer, scallops from one vessel
to another, unless that vessel has not been issued a scallop permit and
fishes exclusively in state waters.
(61) Sell, barter or trade, or otherwise transfer, or attempt to
sell, barter or trade, or otherwise transfer, for a commercial purpose,
any scallops from a trip whose catch is 40 lb (18.14 kg) of shucked
scallops or less, or 5 bu (176.1 L) of in-shell scallops, unless the
vessel has been issued a valid general or limited access scallop
permit, or the scallops were harvested by a vessel that has not been
issued a scallop permit and fishes for scallops exclusively in state
waters.
(62) Purchase, possess, or receive for a commercial purpose, or
attempt to purchase, possess, or receive for a commercial purpose, in
the capacity of a dealer, scallops taken from a fishing vessel that
were harvested in or from the EEZ, unless issued, and in possession of,
a valid scallop dealer's permit.
(63) Purchase, possess, or receive for commercial purposes, or
attempt to purchase or receive for commercial purposes, scallops caught
by a vessel other than one issued a valid limited access or general
scallop permit unless the scallops were harvested by a vessel that has
not been issued a scallop permit and fishes for scallops exclusively in
state waters.
(64) Operate or act as an operator of a vessel fishing for or
possessing any species of fish regulated by this part in or from the
EEZ, or issued a permit pursuant to this part, without having been
issued and possessing a valid operator's permit.
(65) Possess in or harvest from the EEZ summer flounder, either in
excess of the possession limit specified in Sec. 648.105, or before or
after the time period specified in Sec. 648.102, unless the vessel was
issued a summer flounder moratorium permit and the moratorium permit is
on board the vessel and has not been surrendered, revoked, or
suspended.
(66) Possess nets or netting with mesh not meeting the minimum mesh
requirement of Sec. 648.104 if the person possesses summer flounder
harvested in or from the EEZ in excess of the threshold limit of
Sec. 648.105(a).
(67) Purchase or otherwise receive, except for transport, summer
flounder from the owner or operator of a vessel issued a summer
flounder moratorium permit, unless in possession of a valid summer
flounder dealer permit.
(68) Purchase or otherwise receive for commercial purposes summer
flounder caught by other than a vessel with a summer flounder
moratorium permit not subject to the possession limit of Sec. 648.105.
(69) Purchase or otherwise receive for a commercial purpose summer
flounder landed in a state after the effective date published in the
Federal Register notifying permit holders that commercial quota is no
longer available in that state.
(70) Fail to comply with any sea turtle conservation measure
specified in Sec. 648.106, including any sea turtle conservation
measure implemented by notification in the Federal Register in
accordance with Sec. 648.106(d).
(71) Use any vessel of the United States for taking, catching,
harvesting, fishing for, or landing any Atlantic salmon taken from or
in the EEZ.
[[Page 34984]]
(72) Transfer, directly or indirectly, or attempt to transfer to
any vessel any Atlantic salmon taken in or from the EEZ.
(73) Take and retain, or land more mackerel, squid, and butterfish
than specified under a notice issued under Sec. 648.22.
(74) Possess nets or netting with mesh not meeting the minimum size
requirement of Sec. 648.23 and not stowed in accordance with the
requirements of Sec. 648.23, if in possession of Loligo harvested in or
from the EEZ.
(75) Transfer Loligo or butterfish within the EEZ, unless the
vessels participating in the transfer have been issued valid Loligo and
butterfish moratorium permits or valid letters of authorization from
the Regional Director.
(76) Purchase, possess or receive for a commercial purpose, or
attempt to purchase, possess, or receive for a commercial purpose, in
the capacity of a dealer, except for transport on land, mackerel,
squid, and butterfish taken from a fishing vessel unless issued, and in
possession of a valid mackerel, squid, and butterfish fishery dealer
permit.
(77) Purchase or otherwise receive for a commercial purpose,
mackerel, squid, and butterfish caught by other than a vessel issued a
mackerel, squid, and butterfish permit, unless the vessel has not been
issued a permit under this part and fishes exclusively within the
waters under the jurisdiction of any state.
(78) Land any scup harvested in or from the EEZ in fillet form with
the skin removed.
(79) Violate any other provision of this part, the Magnuson Act, or
any regulation, notice, or permit issued under the Magnuson Act.
(b) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it
is unlawful for any person owning or operating a vessel holding a
multispecies permit, issued an operator's permit, or issued a letter
under Sec. 648.4(a)(1)(i)(H)(3), to land, or possess on board a vessel,
more than the possession limits specified in Sec. 648.86(a), or violate
any of the other provisions of Sec. 648.86.
(c) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this
section, it is unlawful for any person owning or operating a vessel
issued a limited access multispecies permit or a letter under
Sec. 648.4(a)(1)(i)(H)(3), to do any of the following:
(1) Fish for, possess at any time during a trip, or land per trip
more than the possession limit of regulated species specified in
Sec. 648.86(c) after using up the vessel's annual DAS allocation or
when not participating under the DAS program pursuant to Sec. 648.82,
unless otherwise exempted under Sec. 648.82(b)(3) or Sec. 648.89.
(2) If required by Sec. 648.10 to have a VTS unit:
(i) Fail to have a certified, operational, and functioning VTS unit
that meets the specifications of Sec. 648.9 on board the vessel at all
times.
(ii) Fail to comply with the notification, replacement, or any
other requirements regarding VTS usage as specified in Sec. 648.10(a).
(3) Combine, transfer, or consolidate DAS allocations.
(4) Fish for, possess, or land NE multispecies with or from a
vessel that has had the horsepower of such vessel or its replacement
upgraded or increased in excess of the limitations specified in
Sec. 648.4(a)(1)(i) (E) and (F).
(5) Fish for, possess, or land NE multispecies with or from a
vessel that has had the length, GRT, or NT of such vessel or its
replacement increased or upgraded in excess of limitations specified in
Sec. 648.4(a)(1)(i) (E) and (F).
(6) Fail to comply with any requirement specified in Sec. 648.10.
(7) Possess or land per trip more than the possession limit
specified under Sec. 648.8 if the vessel has been issued a limited
access multispecies permit.
(8) Fail to comply with the restrictions on fishing and gear
specified in Sec. 648.82(b)(4), if the vessel has been issued a limited
access multispecies hook-gear permit.
(9) Fail to declare, and be, out of the NE multispecies fishery as
required by Sec. 648.82(g), using the procedure described under
Sec. 648.82(h), as applicable.
(10) Land, or possess on board a vessel, more than the possession
limit of winter flounder specified in Sec. 648.86(b), or violate any of
the other provisions specified of Sec. 648.86(b).
(d) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of
this section, it is unlawful for any person owning or operating a
vessel issued a multispecies handgear permit to do any of the
following:
(1) Possess, at any time during a trip, or land per trip, more than
the possession limit of regulated species specified in Sec. 648.88(a),
unless the regulated species were harvested by a charter or party
vessel.
(2) Use, or possess on board, gear capable of harvesting NE
multispecies, other than rod and reel or handline, while in possession
of, or fishing for, NE multispecies.
(3) Possess or land NE multispecies during the time period
specified in Sec. 648.86(a)(2).
(e) In addition to the general prohibitions specified in Sec.
600.725 of this chapter and in paragraphs (a) through (d) of this
section, it is unlawful for any person owning or operating a vessel
issued a multispecies possession limit permit for scallops to possess
or land more than the possession limit of regulated species specified
at Sec. 648.88(c) or to possess or land regulated species when not
fishing under a scallop DAS.
(f) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it
is unlawful for any person owning or operating a vessel issued a
limited access scallop permit or a general scallop permit under
Sec. 648.4(a)(2) to land, or possess at or after landing, in-shell
scallops smaller than the minimum shell height specified in
Sec. 648.50(a).
(g) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and the prohibitions specified in
paragraphs (a) through (f) of this section, it is unlawful for the
owner or operator of a charter or party boat issued a multispecies
permit, or of a recreational vessel, as applicable, to:
(1) Fish with gear in violation of the restrictions specified in
Sec. 648.89(a).
(2) Possess cod and haddock in excess of the possession limits
specified in Sec. 648.89(c).
(3) Sell, trade, barter, or otherwise transfer, or attempt to sell,
trade, barter or otherwise transfer, NE multispecies for a commercial
purpose as specified in Sec. 648.89(d).
(h) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) and (g) of this
section, it is unlawful for any person owning or operating a vessel
issued a limited access scallop permit under Sec. 648.4(a)(2) to do any
of the following:
(1) Possess, or land per trip, more than 400 lb (181.44 kg) of
shucked, or 50 bu (176.2 L) of in-shell scallops after using up the
vessel's annual DAS allocation or when not participating under the DAS
program pursuant to Sec. 648.10, unless exempted from DAS allocations
as provided in Sec. 648.54.
(2) Land scallops on more than one trip per calendar day after
using up the vessel's annual DAS allocation or when not participating
under the DAS program pursuant to Sec. 648.10, unless exempted from DAS
allocations as provided in Sec. 648.55.
(3) Fail to have an approved, operational, and functioning VTS unit
that meets the specifications of Sec. 648.9
[[Page 34985]]
on board the vessel at all times, unless the vessel is not subject to
the VTS requirements specified in Sec. 648.10.
(4) If the vessel is not subject to VTS requirements specified in
Sec. 648.10(a), fail to comply with the requirements of the call-in
system specified in Sec. 648.10(b).
(5) Combine, transfer, or consolidate DAS allocations.
(6) Have an ownership interest in more than 5 percent of the total
number of vessels issued limited access scallop permits, except as
provided in Sec. 648.4(a)(2)(i)(H).
(7) Fish for, possess, or land scallops with or from a vessel that
has had the horsepower of such vessel or its replacement upgraded or
increased in excess of the limitations specified in Sec. 648.4(a)(2)(i)
(E) or (F).
(8) Fish for, possess, or land scallops with or from a vessel that
has had the length, GRT, or NT of such vessel or its replacement
increased or upgraded in excess of limitations specified in
Sec. 648.4(a)(2)(i) (E) or (F).
(9) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops or participate in the DAS allocation program,
while in possession of trawl nets that have a maximum sweep exceeding
144 ft (43.9 m), as measured by the total length of the footrope that
is directly attached to the webbing of the net, except as specified in
Sec. 648.51(a)(2)(iii).
(10) Fish under the DAS allocation program with, or have available
for immediate use, trawl nets of mesh smaller than the minimum size
specified in Sec. 648.51(a)(2).
(11) Fish under the DAS allocation program with trawl nets that use
chafing gear or other means or devices that do not meet the
requirements of Sec. 648.51(a)(3).
(12) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops or participate in the DAS allocation program,
while in possession of dredge gear that has a maximum combined dredge
width exceeding 31 ft (9.4 m), measured at the widest point in the bail
of each dredge, except as specified in Sec. 648.51(b)(1).
(13) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1
L) of in-shell scallops, or fish under the DAS allocation program,
while in possession of dredge gear that uses net or net material on the
top half of the dredge of a minimum mesh size smaller than that
specified in Sec. 648.51(b)(2).
(14) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1
L) of in-shell scallops, or fish under the DAS allocation program,
while in possession of dredge gear containing rings that have minimum
sizes smaller than those specified in Sec. 648.51(b)(3).
(15) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops, or participate in the DAS allocation program,
while in possession of dredge gear that uses links between rings of the
gear or ring configurations that do not conform to the specifications
described in Sec. 648.51(b)(4)(ii).
(16) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops, or participate in the DAS allocation program,
while in possession of dredge gear that uses cookies or chafing gear,
or other gear, means, or devices on the top half of a dredge that
obstruct the openings in or between the rings, except as specified in
Sec. 648.51(b)(4).
(17) Participate in the DAS allocation program with more than the
number of persons specified in Sec. 648.51(c), including the operator,
on board when the vessel is not docked or moored in port, unless
otherwise authorized by the Regional Director.
(18) Fish under the small dredge program specified in Sec.
648.51(e), with, or while in possession of, a dredge that exceeds 10.5
ft (3.2 m) in overall width, as measured at the widest point in the
bail of the dredge.
(19) Fish under the small dredge program as specified in
Sec. 648.51(e) with more than five persons, including the operator,
aboard the vessel, unless otherwise authorized by the Regional
Director.
(20) Have a shucking or sorting machine on board a vessel that
shucks scallops at sea while fishing under the DAS allocation program,
unless otherwise authorized by the Regional Director.
(21) Refuse or fail to carry an observer if requested to do so by
the Regional Director.
(22) Fail to provide an observer with required food,
accommodations, access, and assistance, as specified in Sec. 648.11.
(23) Fail to comply with any requirement for declaring in and out
of the DAS allocation program as specified in Sec. 648.10.
(24) Fail to comply with any requirement for participating in the
DAS Exemption Program as specified in Sec. 648.54.
(25) Fish with, possess on board, or land scallops while in
possession of trawl nets, when fishing for scallops under the DAS
allocation program, unless exempted as provided for in Sec. 648.51(f).
(26) Fail to comply with the restriction on twine top described in
Sec. 648.51(b)(4)(iv).
(i) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a), (f), and (g) of
this section, it is unlawful for any person owning or operating a
vessel issued a general scallop permit to do any of the following:
(1) Possess, or land per trip, more than 400 lb (181.44 kg) of
shucked, or 50 bu (176.2 L) of in-shell scallops.
(2) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops while in possession of, or fish for scallops
with, dredge gear that has a maximum combined dredge width exceeding 31
ft (9.4 m), measured at the widest point in the bail of each dredge,
except as specified in Sec. 648.51(b)(1).
(3) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1
L) of in-shell scallops while in possession of, or fish for scallops
with, dredge gear that uses net or net material on the top half of the
dredge of a minimum mesh size smaller than that specified in
Sec. 648.51(b)(2).
(4) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1
L) of in-shell scallops while in possession of, or fish for scallops
with, dredge gear containing rings that have minimum sizes smaller than
those specified in Sec. 648.51(b)(3).
(5) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops while in possession of, or fish for scallops
with, dredge gear that uses links between rings of the gear or ring
configurations that do not conform to the specifications de
FR Doc. 96-16660 Fisheries of the Northeastern United States
scribed in
Sec. 648.51(b)(4)(ii).
(6) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops while in possession of, or fish for scallops
with, dredge gear that uses cookies or chafing gear, or other gear,
means, or devices on the top half of a dredge that obstruct the
openings in or between the rings, except as specified in
Sec. 648.51(b)(4).
(7) Fish for, or land, more than 40 lb (18.14 kg) of scallops on
more than one trip per calendar day.
(j) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it
is unlawful for any person owning or operating a vessel issued a summer
flounder permit (including moratorium permit) to do any of the
following:
(1) Possess 100 lb or more (45.4 kg or more) of summer flounder
between May 1 and October 31, or 200 lb or more (90.7 kg or more) of
summer flounder between November 1 and April 30, unless the vessel
meets the minimum mesh size requirement specified in Sec. 648.104(a),
or is fishing in the exempted area with an exemption permit as
specified in Sec. 648.104(b)(1), or
[[Page 34986]]
holds an exemption permit and is in transit from the exemption area
with nets properly stowed as specified in Sec. 648.104(f), or is
fishing with exempted gear specified in Sec. 648.104(b)(2).
(2) Possess summer flounder in other than a box specified in
Sec. 648.105(d) if fishing with nets having mesh that does not meet the
minimum mesh-size requirement specified in Sec. 648.104(a), unless the
vessel is fishing pursuant to the exemptions specified in
Sec. 648.104(b).
(3) Land summer flounder for sale in a state after the effective
date of the notification in the Federal Register notifying permit
holders that commercial quota is no longer available in that state.
(4) Fish with or possess nets or netting that do not meet the
minimum mesh requirement, or that are modified, obstructed or
constricted, if subject to the minimum mesh requirement specified in
Sec. 648.104, unless the nets or netting are stowed in accordance with
Sec. 648.104(f).
(5) Fish with or possess nets or netting that do not meet the
minimum mesh requirement, or that are modified, obstructed or
constricted, if fishing with an exempted net described in Sec. 648.104,
unless the nets or netting are stowed in accordance with
Sec. 648.104(f).
(6) Fish west or south, as appropriate, of the line specified in
Sec. 648.104(b)(1) if exempted from the minimum mesh requirement
specified in Sec. 648.104 by a summer flounder exemption permit.
(7) Sell or transfer to another person for a commercial purpose,
other than transport, any summer flounder, unless the transferee has a
valid summer flounder dealer permit.
(8) Carry passengers for hire, or carry more than three crew
members for a charter boat or five crew members for a party boat, while
fishing commercially pursuant to a summer flounder moratorium permit.
(k) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter, it is unlawful for any person owning or
operating a vessel fishing commercially for scup that are harvested in
or from the EEZ, to do any of the following:
(1) Possess 4,000 lb or more (1,814.4 kg or more) of scup harvested
in or from the EEZ, unless the vessel meets the minimum mesh size
requirement specified in Sec. 648.124(a).
(2) Fish with or possess nets or netting in the EEZ that do not
meet the minimum mesh requirement, or that are modified, obstructed,
constricted, or constructed with mesh in which the bars entering or
exiting the knots twist around each other, if subject to the minimum
mesh requirement specified in Sec. 648.124(a), unless the nets or
netting are stowed in accordance with Sec. 648.23(b).
(3) Engage in recreational fishing in the EEZ while simultaneously
conducting commercial fishing operations.
(l) It is unlawful for the owner or operator of any recreational
fishing vessel, including party or charter boats, to possess scup
harvested in or from the EEZ smaller than the minimum size limit for
recreational fishermen specified in Sec. 648.125(b).
(m) It is unlawful for the owner and operator of a party or charter
boat issued a summer flounder permit (including moratorium permit),
when the boat is carrying passengers for hire or carrying more than
three crew members if a charter boat or more than five members if a
party boat, to:
(1) Possess summer flounder in excess of the possession limit
established pursuant to Sec. 648.105.
(2) Fish for summer flounder other than during a season specified
pursuant to Sec. 648.102.
(3) Sell or transfer summer flounder to another person for a
commercial purpose.
(n) It is unlawful to violate any terms of a letter authorizing
experimental fishing pursuant to Sec. 648.12 or to fail to keep such
letter aboard the vessel during the time period of the experimental
fishing.
(o) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it
is unlawful for any person owning or operating a vessel issued a surf
clam and ocean quahog permit or issued a surf clam and ocean quahog
allocation permit under Sec. 648.70, to land or possess any surf clams
or ocean quahogs in excess of, or without, an individual allocation, or
to transfer any surf clams or ocean quahogs to any person for a
commercial purpose other than transport, unless that person has a surf
clam and ocean quahog processor/dealer permit.
(p) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter, it is unlawful for any person owning or
operating a vessel issued a valid mackerel, squid, and butterfish
fishery permit, or issued an operator's permit, to do any of the
following:
(1) Possess more than the incidental catch allowance of Loligo or
butterfish, unless issued a Loligo squid and butterfish fishery
moratorium permit.
(2) Take, retain, or land mackerel, squid, or butterfish in excess
of a trip allowance specified under Sec. 648.22.
(3) Take, retain, or land mackerel, squid, or butterfish after a
total closure specified under Sec. 648.22.
(4) Fish with or possess nets or netting that do not meet the
minimum mesh requirement for Loligo specified in Sec. 648.23(a), or
that are modified, obstructed, or constricted, if subject to the
minimum mesh requirement, unless the nets or netting are stowed in
accordance with Sec. 648.23(b) or the vessel is fishing under an
exemption specified in Sec. 648.23(a).
(5) Transfer squid or butterfish at sea to another vessel, unless
that other vessel has been issued a valid Loligo squid and butterfish
fishery moratorium permit or a letter of authorization by the Regional
Director.
(6) Fail to comply with any measures implemented pursuant to
Sec. 648.21.
(7) Carry passengers for hire while fishing commercially under a
mackerel, squid, and butterfish fishery permit.
(8) Fail to carry on board a letter of authorization, if fishing in
an experimental fishery pursuant to Sec. 648.12.
(q) It is unlawful for the owner and operator of a party or charter
boat issued a mackerel, squid, and butterfish fishery permit (including
a moratorium permit), when the boat is carrying passengers for hire, to
do any of the following:
(1) Violate any recreational fishing measures established pursuant
to Sec. 648.21(d).
(2) Sell or transfer mackerel, squid, or butterfish to another
person for a commercial purpose.
(r) It is unlawful for any person to violate any terms of a letter
authorizing experimental fishing pursuant to Sec. 648.11 or to fail to
keep such letter on board the vessel during the period of the
experiment.
(s) Any person possessing or landing per trip, scallops in excess
of 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops,
at or prior to the time when those scallops are received or possessed
by a dealer, is subject to all of the scallop prohibitions specified in
this section, unless the scallops were harvested by a vessel without a
scallop permit that fishes for scallops exclusively in state waters.
Any person, regardless of the quantity of scallops possessed or landed,
is subject to the prohibitions of paragraphs (a)(4) through (7), (10),
(11), (68), (69), (71), (72), (73), and (87) of this section.
(t) For purposes of this section, the following presumptions apply:
(1) Surf clams and ocean quahogs. (i) Possession of surf clams or
ocean quahogs on the deck of any fishing vessel in closed areas, or the
presence of any part of a vessel's gear in the water
[[Page 34987]]
in closed areas, or the presence of any part of a vessel's gear in the
water more than 12 hours after an announcement closing the entire
fishery becomes effective, is prima facie evidence that such vessel was
fishing in violation of the provisions of the Magnuson Act and these
regulations.
(ii) Surf clams or ocean quahogs landed from a trip for which
notification was provided under Sec. 648.15(b) or Sec. 648.70(b) are
deemed to have been harvested in the EEZ and count against the
individual's annual allocation.
(iii) Surf clams or ocean quahogs found in cages without a valid
state tag are deemed to have been harvested in the EEZ, and to be part
of an individual's allocation, unless such individual demonstrates that
he/she has surrendered his/her surf clam and ocean quahog vessel permit
issued under Sec. 648.4 and has conducted fishing operations
exclusively within waters under the jurisdiction of any state. Surf
clams and ocean quahogs in cages with a Federal tag or tags, issued and
still valid pursuant to this section, affixed thereto are deemed to
have been harvested by the individual allocation holder to whom the
tags were issued or transferred under Sec. 648.70(d)(2) or
Sec. 648.75(b).
(2) Scallops. Scallops that are possessed or landed at or prior to
the time when the scallops are received by a dealer, or scallops that
are possessed by a dealer, are deemed to be harvested from the EEZ,
unless the preponderance of all submitted evidence demonstrates that
such scallops were harvested by a vessel without a scallop permit and
fishing exclusively for scallops in state waters.
(3) Summer flounder. All summer flounder possessed aboard a party
or charter boat issued a summer flounder permit are deemed to have been
harvested from the EEZ.
(4) NE multispecies. (i) Regulated species possessed for sale that
do not meet the minimum sizes specified in Sec. 648.83 for sale are
deemed to have been taken or imported in violation of these
regulations, unless the preponderance of all submitted evidence
demonstrates that such fish were harvested by a vessel not issued a
permit under this part and fishing exclusively within state waters.
This presumption does not apply to fish being sorted on deck.
(ii) Regulated species possessed for sale that do not meet the
minimum sizes specified in Sec. 648.83 for sale are deemed taken from
the EEZ or imported in violation of these regulations, unless the
preponderance of all submitted evidence demonstrates that such fish
were harvested by a vessel not issued a permit under this part and
fishing exclusively within state waters. This presumption does not
apply to fish being sorted on deck.
(5) Mackerel, squid, and butterfish. All mackerel and butterfish
possessed on board a party or charter boat issued a mackerel, squid,
and butterfish fishery permit are deemed to have been harvested from
the EEZ.
Sec. 648.15 Facilitation of enforcement.
(a) General. See Sec. 600.504 of this chapter.
(b) Special notification requirements applicable to surf clam and
ocean quahog vessel owners and operators. (1) Vessel owners or
operators are required to call the NMFS Office of Law Enforcement
nearest to the point of offloading (contact the Regional Director for
locations and phone numbers) and accurately provide the following
information prior to the departure of their vessel from the dock to
fish for surf clams or ocean quahogs in the EEZ: Name of the vessel;
NMFS permit number assigned to the vessel; expected date and time of
departure from port; whether the trip will be directed on surf clams or
ocean quahogs; expected date, time, and location of landing; and name
of the individual providing notice.
(2) Owners or operators that have given notification of a fishing
trip under this paragraph (b) who decide to cancel or postpone the trip
prior to departure must immediately provide notice of cancellation by
telephone to the Office of Law Enforcement to which the original
notification was provided. A separate notification shall be provided
for the next fishing trip. Owners or operators that discontinue a
fishing trip in the EEZ must immediately provide notice of
discontinuance by telephone to the Office of Law Enforcement to which
the original notification was provided. The owner or operator providing
notice of discontinuance shall advise of any changes in landing time or
port of landing. The owner or operator discontinuing a fishing trip in
the EEZ must return to port and offload any surf clams or ocean quahogs
prior to commencing fishing operations in the waters under the
jurisdiction of any state.
(3) The vessel permits, the vessel, its gear, and catch shall be
subject to inspection upon request by an authorized officer.
Sec. 648.16 Penalties.
See Sec. 600.735.
Subpart B--Management Measures for the Atlantic Mackerel, Squid,
and Butterfish Fisheries
Sec. 648.20 Maximum optimum yield (OYs).
The OYs specified pursuant to Sec. 648.21 during a fishing year may
not exceed the following amounts:
(a) Mackerel--that quantity of mackerel that is less than or equal
to the allowable biological catch (ABC) in U.S. waters specified
pursuant to Sec. 648.21.
(b) Loligo--36,000 mt (79,362,000 lb).
(c) Illex--30,000 mt (66,135,000 lb).
(d) Butterfish--16,000 mt (35,272,000 lb).
Sec. 648.21 Procedures for determining initial annual amounts.
(a) Initial recommended annual specifications. The Atlantic
Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring
Committee) shall meet annually to develop and recommend the following
specifications for consideration by the Mackerel, Squid, and Butterfish
Committee of the MAFMC: (1) Initial OY (IOY), domestic annual harvest
(DAH), and domestic annual processing (DAP) for the squids; (2) IOY,
DAH, DAP, and bycatch level of the total allowable level of foreign
fishing (TALFF), if any, for butterfish; and (3) IOY, DAH, DAP, joint
venture processing (JVP), if any, and TALFF, if any, for mackerel. The
Monitoring Committee may also recommend that certain ratios of TALFF,
if any, for mackerel to purchases of domestic harvested fish and/or
domestic processed fish be established in relation to the initial
annual amounts.
(b) Guidelines. As the basis for its recommendations under
paragraph (a) of this section, the Monitoring Committee shall review
available data pertaining to: Commercial and recreational landings,
discards, current estimates of fishing mortality, stock status, the
most recent estimates of recruitment, virtual population analysis
results, levels of noncompliance by harvesters or individual states,
impact of size/mesh regulations, results of a survey of domestic
processors and joint venture operators of estimated mackerel processing
capacity and intent to use that capacity, results of a survey of
fishermen's trade associations of estimated mackerel harvesting
capacity and intent to use that capacity, and any other relevant
information. The specifications recommended pursuant to paragraph (a)
of this section must be consistent with the following:
(1) Squid. (i) The ABC for any fishing year must be either the
maximum OY specified in Sec. 648.20, or a lower amount, if stock
assessments indicate that the
[[Page 34988]]
potential yield is less than the maximum OY.
(ii) IOY is a modification of ABC based on social and economic
factors.
(2) Mackerel. (i) Mackerel ABC must be calculated from the formula
ABC = S - C - T, where C is the estimated catch of mackerel in Canadian
waters for the upcoming fishing year; S is the mackerel spawning stock
size at the beginning of the year for which quotas are specified; and
T, which must be equal to or greater than 900,000 mt (1,984,050,000
lb), is the spawning stock size that must be maintained in the year
following the year for which quotas are specified.
(ii) IOY is a modification of ABC, based on social and economic
factors, and must be less than or equal to ABC.
(iii) IOY is composed of DAH and TALFF. DAH, DAP, and JVP must be
projected by reviewing data from sources specified in paragraph (a) of
this section and other relevant data, including past domestic landings,
projected amounts of mackerel necessary for domestic processing and for
joint ventures during the fishing year, projected recreational
landings, and other data pertinent for such a projection. The JVP
component of DAH is the portion of DAH that domestic processors either
cannot or will not use. In addition, IOY is based on the criteria set
forth in the Magnuson Act, specifically section 201(e), and on the
following economic factors:
(A) Total world export potential by mackerel producing countries.
(B) Total world import demand by mackerel consuming countries.
(C) U.S. export potential based on expected U.S. harvests, expected
U.S. consumption, relative prices, exchange rates, and foreign trade
barriers.
(D) Increased/decreased revenues to the United States from foreign
fees.
(E) Increased/decreased revenues to U.S. harvesters (with/without
joint ventures).
(F) Increased/decreased revenues to U.S. processors and exporters.
(G) Increases/decreases in U.S. harvesting productivity due to
decreases/increases in foreign harvest.
(H) Increases/decreases in U.S. processing productivity.
(I) Potential impact of increased/decreased TALFF on foreign
purchases of U.S. products and services and U.S.-caught fish, changes
in trade barriers, technology transfer, and other considerations.
(3) Butterfish. (i) If the Monitoring Committee's review indicates
that the stock cannot support a level of harvest equal to the maximum
OY, the Monitoring Committee shall recommend establishing an ABC less
than the maximum OY for the fishing year. This level represents the
modification of maximum OY to reflect biological and ecological
factors. If the stock is able to support a harvest level equivalent to
the maximum OY, the ABC must be set at that level.
(ii) IOY is a modification of ABC based on social and economic
factors. The IOY is composed of a DAH and bycatch TALFF that is equal
to 0.08 percent of the allocated portion of the mackerel TALFF.
(c) Recommended measures. Based on the review of the data described
in paragraph (a) of this section, the Monitoring Committee will
recommend to the Squid, Mackerel, and Butterfish Committee the measures
it determines are necessary to assure that the specifications are not
exceeded from the following measures:
(1) Commercial quotas.
(2) The amount of Loligo and butterfish that may be retained,
possessed and landed by vessels issued the incidental catch permit
specified in Sec. 648.4(a)(5).
(3) Commercial minimum fish sizes.
(4) Commercial trip limits.
(5) Commercial seasonal quotas.
(6) Minimum mesh sizes.
(7) Commercial gear restrictions.
(8) Recreational harvest limit.
(9) Recreational minimum fish size.
(10) Recreational possession limits.
(11) Recreational season.
(d) Annual fishing measures. (1) The Squid, Mackerel, and
Butterfish Committee shall review the recommendations of the Monitoring
Committee. Based on these recommendations and any public comment
received thereon, the Squid, Mackerel, and Butterfish Committee shall
recommend to the MAFMC appropriate specifications and any measures
necessary to assure that the specifications will not be exceeded. The
MAFMC shall review these recommendations and based on the
recommendations and any public comment received thereon, the MAFMC
shall recommend to the Regional Director appropriate specifications and
any measures necessary to assure that the specifications will not be
exceeded. The MAFMC's recommendations must include supporting
documentation, as appropriate, concerning the environmental, economic,
and social impacts of the recommendations. The Regional Director shall
review the recommendations, and on or about November 1 of each year,
shall publish notification in the Federal Register proposing
specifications and any measures necessary to assure that the
specifications will not be exceeded and providing a 30-day public
comment period. If the proposed specifications differ from those
recommended by the MAFMC, the reasons for any differences shall be
clearly stated and the revised specifications must satisfy the criteria
set forth in this section. The MAFMC's recommendations shall be
available for inspection at the office of the Regional Director during
the public comment period.
(2) On or about December 15 of each year, the Assistant
Administrator will make a final determination concerning the
specifications for each species and any measures necessary to assure
that the specifications will not be exceeded contained in the Federal
Register notification. After the Assistant Administrator considers all
relevant data and any public comments, notification of the final
specifications and any measures necessary to assure that the
specifications will not be exceeded and responses to the public
comments will be published in the Federal Register. If the final
specification amounts differ from those recommended by the MAFMC, the
reason(s) for the difference(s) must be clearly stated and the revised
specifications must be consistent with the criteria set forth in
paragraph (b) of this section.
(e) Inseason adjustments. The specifications established pursuant
to this section may be adjusted by the Regional Director, in
consultation with the MAFMC, during the fishing year by publishing
notification in the Federal Register stating the reasons for such an
action and providing a 30-day comment public comment period.
Sec. 648.22 Closure of the fishery.
(a) General. The Assistant Administrator shall close the directed
mackerel or Loligo or Illex squid or butterfish fishery in the EEZ when
U.S. fishermen have harvested 80 percent of the DAH, of that fishery if
such closure is necessary to prevent the DAH from being exceeded. The
closure shall remain in effect for the remainder of the fishing year,
with incidental catches allowed as specified in paragraph (c) of this
section, until the entire DAH is attained. When the Regional Director
projects that DAH will be attained for any of the species, the
Assistant Administrator shall close the fishery in the EEZ to all
fishing for that species, and the incidental catches specified in
paragraph (c) of this section will be prohibited.
(b) Notification. Upon determining that a closure is necessary, the
Assistant Administrator will notify, in advance of
[[Page 34989]]
the closure, the Executive Directors of the MAFMC, NEFMC, and SAFMC;
mail notification of the closure to all holders of mackerel, squid, and
butterfish fishery permits at least 72 hours before the effective date
of the closure; provide adequate notice of the closure to recreational
participants in the fishery; and publish notification of closure in the
Federal Register.
(c) Incidental catches. During the closure of a directed fishery,
the trip limit for the species for which the fishery is closed is 10
percent, by weight, of the total amount of fish on board for a vessel
with a Loligo/butterfish moratorium permit or Illex or a mackerel
commercial permit. During a period of closure of the directed fishery
for Loligo or butterfish, the trip limit for a vessel with an
incidental catch permit for those species is 10 percent, by weight, of
the total amount of fish on board, or the allowed level of incidental
catch specified in Sec. 648.4(e)(2), whichever is less.
Sec. 648.23 Gear restrictions.
(a) Mesh restrictions and exemptions. Owners or operators of otter
trawl vessels possessing Loligo harvested in or from the EEZ may only
fish with nets having a minimum mesh size of 1\7/8\ inches (48 mm)
diamond mesh, inside stretch measure, applied throughout the entire
net, unless they are fishing during the months of June, July, August,
and September for Illex seaward of the following coordinates (copies of
a map depicting this area are available from the Regional Director upon
request):
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
M1............................................ 43 deg.58.0
' 67 deg.22.0
'
M2............................................ 43 deg.50.0
' 68 deg.35.0
'
M3............................................ 43 deg.30.0
' 69 deg.40.0
'
M4............................................ 43 deg.20.0
' 70 deg.00.0
'
M5............................................ 42 deg.45.0
' 70 deg.10.0
'
M6............................................ 42 deg.13.0
' 69 deg.55.0
'
M7............................................ 41 deg.00.0
' 69 deg.00.0
'
M8............................................ 41 deg.45.0
' 68 deg.15.0
'
M9............................................ 42 deg.10.0
' 67 deg.10.0
'
M10........................................... 41 deg.18.6
' 66 deg.24.8
'
M11........................................... 40 deg.55.5
' 66 deg.38.0
'
M12........................................... 40 deg.45.5
' 68 deg.00.0
'
M13........................................... 40 deg.37.0
' 68 deg.00.0
'
M14........................................... 40 deg.30.0
' 69 deg.00.0
'
M15........................................... 40 deg.22.7
' 69 deg.00.0
'
M16........................................... 40 deg.18.7
' 69 deg.40.0
'
M17........................................... 40 deg.21.0
' 71 deg.03.0
'
M18........................................... 39 deg.41.0
' 72 deg.32.0
'
M19........................................... 38 deg.47.0
' 73 deg.11.0
'
M20........................................... 38 deg.04.0
' 74 deg.06.0
'
M21........................................... 37 deg.08.0
' 74 deg.46.0
'
M22........................................... 36 deg.00.0
' 74 deg.52.0
'
M23........................................... 35 deg.45.0
' 74 deg.53.0
'
M24........................................... 35 deg.28.0
' 74 deg.52.0
'
------------------------------------------------------------------------
Vessels fishing under this exemption may not have available for
immediate use, as defined in paragraph (b) of this section, any net, or
any piece of net, with a mesh size less than 1\7/8\ inches (48 mm)
diamond mesh or any net, or any piece of net, with mesh that is rigged
in a manner that is inconsistent with such minimum mesh size, when the
vessel is landward of the specified coordinates.
(b) Definition of ``not available for immediate use.'' A net that
can be shown not to have been in recent use and that is stowed in
conformance with one of the following methods is considered to be not
available for immediate use:
(1) Below deck stowage. (i) It is stored below the main working
deck from which it is deployed and retrieved;
(ii) The towing wires, including the leg wires, are detached from
the net; and
(iii) It is fan-folded (flaked) and bound around its circumference.
(2) On-deck stowage. (i) It is fan-folded (flaked) and bound around
its circumference;
(ii) It is securely fastened to the deck or rail of the vessel; and
(iii) The towing wires, including the leg wires, are detached from
the net.
(3) On-reel stowage. (i) It is on a reel and it's entire surface is
covered with canvas or other similar material that is securely bound;
(ii) The towing wires, including the leg wires, are detached from
the net; and
(iii) The codend is removed and stored below deck.
(4) Other methods of stowage. Any other method of stowage
authorized in writing by the Regional Director and published in the
Federal Register.
(c) Mesh obstruction or constriction. The owner or operator of a
fishing vessel shall not use any combination of mesh or liners that
effectively decreases the mesh size below the minimum mesh size, except
that a liner may be used to close the opening created by the rings in
the rearmost portion of the net, provided the liner extends no more
than 10 meshes forward of the rearmost portion of the net.
(d) Net obstruction or constriction. The owner or operator of a
fishing vessel shall not use any device, gear, or material, including,
but not limited to, nets, net strengtheners, ropes, lines, or chafing
gear, on the top of the regulated portion of a trawl net that results
in an effective mesh opening of less than 1\7/8\ inches (48 mm) diamond
mesh, inside stretch measure. Net strengtheners (covers), splitting
straps and/or bull ropes or wire may be used, provided they do not
constrict the top of the regulated portion of the net to less than an
effective mesh opening of 1\7/8\ inches (48 mm), diamond mesh, inside
stretch measure. Net strengtheners (covers) may not have an effective
mesh opening of less than 4.5 inches (11.43 cm), diamond mesh, inside
stretch measure. ``Top of the regulated portion of the net'' means the
50 percent of the entire regulated portion of the net that (in a
hypothetical situation) would not be in contact with the ocean bottom
during a tow if the regulated portion of the net were laid flat on the
ocean floor. For the purpose of this paragraph (d), head ropes are not
to be considered part of the top of the regulated portion of a trawl
net.
Subpart C--Management Measures for Atlantic Salmon
Sec. 648.40 Prohibition on possession.
(a) Incidental catch. All Atlantic salmon caught incidental to a
directed fishery for other species in the EEZ must be released in such
a manner as to insure maximum probability of survival.
(b) Presumption. The possession of Atlantic salmon is prima facie
evidence that such Atlantic salmon were taken in violation of this
regulation. Evidence that such fish were harvested in state waters, or
from foreign waters, or from aquaculture enterprises, will be
sufficient to rebut the presumption. This presumption does not apply to
fish being sorted on deck.
Subpart D--Management Measures for the Atlantic Sea Scallop Fishery
Sec. 648.50 Shell-height standard.
(a) Minimum shell height. The minimum shell height for in-shell
scallops that may be landed, or possessed at or after landing, is 3.5
inches (89 mm). Shell height is a straight line measurement from the
hinge to the outermost part of the shell, that is, the edge farthest
away from the hinge.
(b) Compliance and sampling. Compliance with the minimum shell-
height standard will be determined by inspection and enforcement at or
after landing, including the time when the scallops are received or
possessed by a dealer or person acting in the capacity of a dealer as
follows: An authorized officer will take samples of 40 scallops each,
at random, from the total amount of scallops in possession. The person
in possession of the scallops may request that as many as 10 samples
(400 scallops) be examined as a sample group. A sample group fails to
comply with the standard if more than 10 percent of all scallops
sampled are less than the shell height specified. The total amount of
scallops in possession will be deemed in violation of this subpart and
subject to forfeiture, if the sample group
[[Page 34990]]
fails to comply with the standard. All scallops will be subject to
inspection and enforcement, in accordance with these compliance and
sampling procedures, up to and including the time when a dealer
receives or possesses scallops for a commercial purpose.
Sec. 648.51 Gear and crew restrictions.
(a) Trawl vessel gear restrictions. Trawl vessels in possession of
more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell
scallops, trawl vessels fishing for scallops, and trawl vessels issued
a limited access scallop permit under Sec. 648.4(a)(2), while fishing
under or subject to the DAS allocation program for scallops and
authorized to fish with or possess on board trawl nets pursuant to
Sec. 648.51(f), must comply with the following:
(1) Maximum sweep. The trawl sweep of nets in use by or available
for immediate use, as specified in paragraph (a)(2)(iii) of this
section, shall not exceed 144 ft (43.9 m) as measured by the total
length of the footrope that is directly attached to the webbing of the
net.
(2) Net requirements--(i) Minimum mesh size. The mesh size for any
scallop trawl net in all areas shall not be smaller than 5.5 inches
(13.97 cm).
(ii) Mesh stowage. Same as Sec. 648.23(b).
(iii) Measurement of mesh size. Mesh size is measured by using a
wedge-shaped gauge having a taper of 2 cm in 8 cm and a thickness of
2.3 mm, inserted into the meshes under a pressure or pull of 5 kg. The
mesh size is the average of the measurements of any series of 20
consecutive meshes for nets having 75 or more meshes, and 10
consecutive meshes for nets having fewer than 75 meshes. The mesh in
the regulated portion of the net will be measured at least five meshes
away from the lacings running parallel to the long axis of the net.
(3) Chafing gear and other gear obstructions--(i) Net obstruction
or constriction. A fishing vessel may not use any device or material,
including, but not limited to, nets, net strengtheners, ropes, lines,
or chafing gear, on the top of a trawl net, except that one splitting
strap and one bull rope (if present), consisting of line and rope no
more than 3 inches (7.62 cm) in diameter, may be used if such splitting
strap and/or bull rope does not constrict in any manner the top of the
trawl net. ``The top of the trawl net'' means the 50 percent of the net
that (in a hypothetical situation) would not be in contact with the
ocean bottom during a tow if the net were laid flat on the ocean floor.
For the purpose of this paragraph (a)(3), head ropes shall not be
considered part of the top of the trawl net.
(ii) Mesh obstruction or constriction. A fishing vessel may not use
any mesh configuration, mesh construction, or other means on or in the
top of the net, as defined in paragraph (a)(3)(i) of this section, if
it obstructs the meshes of the net in any manner.
(iii) A fishing vessel may not use or possess a net capable of
catching scallops in which the bars entering or exiting the knots twist
around each other.
(b) Dredge vessel gear restrictions. All dredge vessels fishing for
or in possession of more than 40 lb (18.14 kg) of shucked, or 5 bu
(176.2 L) of in-shell scallops, and all dredge vessels issued a limited
access scallop permit and fishing under the DAS Program, with the
exception of hydraulic clam dredges and mahogany quahog dredges in
possession of 400 lb (181.44 kg) of scallops, or less, must comply with
the following restrictions:
(1) Maximum dredge width. The combined dredge width in use by or in
possession on board such vessels shall not exceed 31 ft (9.4 m)
measured at the widest point in the bail of the dredge, except as
provided under paragraph (e) of this section. However, component parts
may be on board the vessel such that they do not conform with the
definition of ``dredge or dredge gear'' in Sec. 648.2, i.e., the metal
ring bag and the mouth frame, or bail, of the dredge are not attached,
and such that no more than one complete spare dredge could be made from
these components parts.
(2) Minimum mesh size. (i) The mesh size of net material on the top
of a scallop dredge in use by or in possession of such vessels shall
not be smaller than 5.5 inches (13.97 cm).
(ii) Mesh size is measured as provided in paragraph (a)(2)(iii) of
this section.
(3) Minimum ring size. (i) The inside ring size of a scallop dredge
in use by or in possession of such vessels shall not be smaller than
3.5 inches (89 mm).
(ii) Ring size is determined by measuring the shortest straight
line passing through the center of the ring from one inside edge to the
opposite inside edge of the ring. The measurement shall not include
normal welds from ring manufacturing or links. The rings to be measured
will be at least five rings away from the mouth, and at least two rings
away from other rigid portions of the dredge.
(4) Chafing gear and other gear obstructions--(i) Chafing gear
restrictions. No chafing gear or cookies shall be used on the top of a
scallop dredge.
(ii) Link restrictions. No more than double links between rings
shall be used in or on all parts of the dredge bag, except the dredge
bottom. No more than triple linking shall be used in or on the dredge
bottom portion and the diamonds. Damaged links that are connected to
only one ring, i.e., ``hangers,'' are allowed, unless they occur
between two links that both couple the same two rings. Dredge rings may
not be attached via links to more than four adjacent rings. Thus,
dredge rings must be rigged in a configuration such that, when a series
of adjacent rings are held horizontally, the neighboring rings form a
pattern of horizontal rows and vertical columns. (A copy of a diagram
showing a schematic of a legal dredge ring pattern is available upon
request to the Office of the Regional Director).
(iii) Dredge or net obstructions. No material, device, net, dredge,
ring, or link configuration or design shall be used if it results in
obstructing the release of scallops that would have passed through a
legal sized and configured net and dredge, as described in this part,
that did not have in use any such material, device, net, dredge, ring
link configuration or design.
(iv) Twine top restrictions. Vessels issued limited access scallop
permits that are fishing for scallops under the DAS Program are also
subject to the following restrictions:
(A) If a vessel is rigged with more than one dredge, or if rigged
with only one dredge, such dredge is greater than 8 ft (2.44 m) in
width, there must be at least seven rows of non-overlapping steel rings
unobstructed by netting or any other material, between the terminus of
the dredge (club stick) and the net material on the top of the dredge
(twine top).
(B) For vessels rigged with only one dredge, and such dredge is
less than 8 ft (2.44 m) in width, there must be at least four rows of
non-overlapping steel rings unobstructed by netting or any other
material between the club stick and the twine top of the dredge. (A
copy of a diagram showing a schematic of a legal dredge with twine top
is available from the Regional Director upon request).
(c) Crew restrictions. Limited access vessels participating in or
subject to the scallop DAS allocation program may have no more than
seven people aboard, including the operator, when not docked or moored
in port, unless participating in the small dredge program specified in
paragraph (e) of this section, or otherwise authorized by the Regional
Director.
[[Page 34991]]
(d) Sorting and shucking machines. (1) Shucking machines are
prohibited on all limited access vessels fishing under the scallop DAS
program or any vessel in possession of more than 400 lb (181.44 kg) of
scallops, unless the vessel has not been issued a limited access
scallop permit and fishes exclusively in state waters.
(2) Sorting machines are prohibited on limited access vessels
fishing under the scallop DAS program that shuck scallops at sea.
(e) Small dredge program restrictions. Any vessel owner whose
vessel is assigned to either the part-time or occasional category may
request, in the application for the vessel's annual permit, to be
placed in one category higher. Vessel owners making such a request will
be placed in the appropriate category for the entire year, if they
agree to comply with the following restrictions, in addition to and
notwithstanding other restrictions of this part, when fishing under the
DAS program described in Sec. 648.53, or in possession of more than 400
lb (181.44 kg) of shucked, or 50 bu (176.2 L) of in-shell scallops:
(1) The vessel must fish exclusively with one dredge no more than
10.5 ft (3.2 m) in width.
(2) The vessel may not have more than one dredge on board or in
use.
(3) The vessel may have no more than five people, including the
operator, on board.
(f) Restrictions on use of trawl nets--(1) Prohibition on use of
trawl nets. Vessels issued a limited access scallop permit fishing for
scallops under the DAS allocation program may not fish with, possess on
board, or land scallops while in possession of trawl nets, unless such
vessels have on board a valid letter of authorization to use trawl nets
issued under paragraphs (f)(2) and (3) of this section.
(2) Eligibility for a letter of authorization to use trawl nets. To
be eligible for a letter of authorization to use trawl nets, a vessel
may not have fished for scallops with a scallop dredge from January 1,
1988, to the present, except pursuant to a letter of authorization
issued pursuant to paragraph (f)(3) of this section. Only vessels that
were issued 1995 limited access scallop permits or that were eligible
to be issued such a permit, and for which a determination has been made
in 1995, except as provided in paragraph (f)(4) of this section, are
eligible to receive a letter of authorization.
(3) Authorization to use trawl nets. Vessels determined to have met
the criteria set forth in paragraph (f)(2) of this section for a letter
of authorization shall be issued a letter of authorization by the
Regional Director. Such letter must be carried on board the vessel at
all times. In subsequent years, eligibility for this exemption will be
indicated on the vessel's permit.
(4) Authorization to use trawl nets by replacement vessels. To be
eligible for a letter of authorization to use trawl nets, any
replacement vessel of a vessel authorized to fish for scallops with
trawl nets must meet the eligibility requirements of paragraph (f)(2)
of this section and have on board a valid letter of authorization
issued under paragraph (f)(3) of this section. The letter of
authorization must be requested at the time the vessel owner initially
applies for a permit for the replacement vessel.
Sec. 648.52 Possession restrictions.
(a) Owners or operators of vessels with a limited access scallop
permit that have declared out of the DAS program as specified in
Sec. 648.10, or have used up their DAS allocations and vessels
possessing a general scallop permit, unless exempted under the state
waters exemption program described under Sec. 648.54, are prohibited
from possessing or landing per trip more than 400 lb (181.44 kg) of
shucked, or 50 bu (176.2 L) of in-shell scallops, with not more than
one scallop trip allowable in any calendar day.
(b) Owners or operators of vessels without a scallop permit, except
vessels fishing for scallops exclusively in state waters, are
prohibited from possessing or landing per trip, more than 40 lb (18.14
kg) of shucked, or 5 bu (176.2 L) of in-shell scallops. Owners or
operators of vessels without a scallop permit are prohibited from
selling, bartering, or trading scallops harvested from Federal waters.
Sec. 648.53 DAS allocations.
(a) Assignment to DAS categories. For each fishing year, each
vessel issued a limited access scallop permit shall be assigned to the
DAS category (full-time, part-time, or occasional) it was assigned in
the preceding fishing year. Limited access scallop permits will
indicate which category the vessel is assigned to. Vessels are
prohibited from fishing for, landing per trip, or possessing more than
400 lb (181.44 kg) of shucked, or 50 bu (176.2 L) of in-shell scallops
once their allocated number of DAS, as specified under paragraph (b) of
this section, are used up.
(b) DAS allocations. Each vessel qualifying for one of the three
categories specified in paragraph (a) of this section shall be
allocated, annually, the maximum number of DAS it may participate in
the limited access scallop fishery, according to its category. A vessel
whose owner/operator has declared it out of the scallop fishery
pursuant to the provisions of Sec. 648.10, or has used up its allocated
DAS, may leave port without being assessed a DAS, so long as it does
not possess or land more than 400 lb (181.44 kg) of shucked, or 50 bu
(176.2 L) of in-shell scallops, and complies with the other
requirements of this part. The annual allocations of DAS for each
category of vessel for the fishing years indicated are as follows:
----------------------------------------------------------------------------------------------------------------
1995-96 and 1998-99 and
DAS category 1996-97 1997-98 1999-2000 2000+
----------------------------------------------------------------------------------------------------------------
Full-time................................................... 182 164 142 120
Part-time................................................... 82 66 57 48
Occasional.................................................. 16 14 12 10
----------------------------------------------------------------------------------------------------------------
(c) Adjustments in annual DAS allocations. Adjustments or changes
in annual DAS allocations, if required to meet fishing mortality
reduction goals, may be made following a reappraisal and analysis under
the framework provisions specified in Sec. 648.55.
(d) End-of-year carry-over. Limited access vessels with unused DAS
on the last day of February of any year may carry over a maximum of 10
DAS into the next year. At no time may more than 10 DAS be carried
over.
(e) Accrual of DAS. DAS shall accrue in hourly increments, with all
partial hours counted as full hours.
(f) Good Samaritan credit. Limited access vessels fishing under the
DAS program and that spend time at sea assisting in a USCG search and
rescue operation or assisting the USCG in
[[Page 34992]]
towing a disabled vessel, and that can document the occurrence through
the USCG, will not accrue DAS for the time documented.
Sec. 648.54 State waters exemption.
(a) DAS exemption. Any vessel issued a limited access scallop
permit is exempt from the DAS requirements specified in Sec. 648.54(c)
while fishing exclusively landward of the outer boundary of a state's
waters, provided the vessel complies with paragraphs (c) through (f) of
this section.
(b) Gear restriction exemption--(1) Limited access permits. Any
vessel issued a limited access scallop permit that is exempt from the
DAS requirements of Sec. 648.53(c) under paragraph (a) of this section
is also exempt from the gear restrictions specified in Sec. 648.51 (a),
(b), and (e) (1) and (2) while fishing exclusively landward of the
outer boundary of the waters of a state that has been determined by the
Regional Director under paragraph (b)(3) of this section to have a
scallop fishery and a scallop conservation program that does not
jeopardize the fishing mortality/effort reduction objectives of the
Scallop FMP, provided the vessel complies with paragraphs (c) through
(f) of this section.
(2) General permits. Any vessel issued a general scallop permit is
exempt from the gear restrictions specified in Sec. 648.51 (a), (b),
and (e) (1) and (2) while fishing exclusively landward of the outer
boundary of the waters of a state that has been determined by the
Regional Director under paragraph (b)(3) of this section to have a
scallop fishery and a scallop conservation program that does not
jeopardize the fishing mortality/effort reduction objectives of the
Scallop FMP, provided the vessel complies with paragraphs (d) through
(f) of this section.
(3) State eligibility for gear exemption. (i) A state is eligible
to have vessels fishing exclusively landward of the outer boundary of
the waters of that state exempted from the gear requirements specified
in Sec. 648.51 (a), (b), and (e) (1) and (e)(2), if it has a scallop
fishery and a scallop conservation program that does not jeopardize the
fishing mortality/effort reduction objectives of the Scallop FMP.
(ii) The Regional Director shall determine which states have a
scallop fishery and which of those states have a scallop conservation
program that does not jeopardize the fishing mortality/effort reduction
objectives of the Scallop FMP.
(iii) Maine, New Hampshire, and Massachusetts have been determined
by the Regional Director to have scallop fisheries and scallop
conservation programs that do not jeopardize the fishing mortality/
effort reduction objectives of the Scallop FMP. These states must
immediately notify the Regional Director of any changes in their
respective scallop conservation program. The Regional Director will
review these changes and, if a determination is made that the state's
conservation program jeopardizes the fishing mortality/effort reduction
objectives of the Scallop FMP, or that the state no longer has a
scallop fishery, the Regional Director shall publish a final rule in
the Federal Register amending this paragraph (b)(3)(iii) to eliminate
the exemption for that state. The Regional Director may determine that
other states have scallop fisheries and scallop conservation programs
that do not jeopardize the fishing mortality/effort reduction
objectives of the Scallop FMP. In such case, the Regional Director
shall publish a final rule in the Federal Register amending this
paragraph (b)(3)(iii) to provide the exemption for such states.
(c) Notification requirements. Vessels fishing under the exemptions
provided by paragraphs (a) and/or (b) of this section must notify the
Regional Director in accordance with the provisions of Sec. 648.10(f).
(d) Restriction on fishing in the EEZ. A vessel fishing under a
state water's exemption may not fish in the EEZ during that time.
(e) Duration of exemption. An exemption expires upon a change in
the vessel's name or ownership.
(f) Applicability of other provisions of this part. A vessel
fishing under the exemptions provided by paragraphs (a) and/or (b) of
this section remains subject to all other requirements of this part.
Sec. 648.55 Framework adjustments to management measures.
(a) Annually, upon request from the NEFMC, but at a minimum in the
years 1996 and 1999, the Regional Director will provide the NEFMC with
information on the status of the scallop resource.
(b) Within 60 days of receipt of that information, the NEFMC PDT
shall assess the condition of the scallop resource to determine the
adequacy of the total allowable DAS reduction schedule, described in
Sec. 648.53(b), to achieve the target fishing mortality rate. In
addition, the PDT shall make a determination whether other resource
conservation issues exist that require a management response in order
to meet the goals and objectives outlined in the Scallop FMP. The PDT
shall report its findings and recommendations to the NEFMC. In its
report to the NEFMC, the PDT shall provide the appropriate rationale
and economic and biological analysis for its recommendation, utilizing
the most current catch, effort, and other relevant data from the
fishery.
(c) After receiving the PDT findings and recommendations, the NEFMC
shall determine whether adjustments to, or additional management
measures are necessary to meet the goals and objectives of the Scallop
FMP. After considering the PDT's findings and recommendations, or at
any other time, if the NEFMC determines that adjustments to, or
additional management measures are necessary, it shall develop and
analyze appropriate management actions over the span of at least two
NEFMC meetings. The NEFMC shall provide the public with advance notice
of the availability of both the proposals and the analyses, and
opportunity to comment on them prior to and at the second NEFMC
meeting. The NEFMC's recommendation on adjustments or additions to
management measures must come from one or more of the following
categories:
(1) DAS changes.
(2) Shell height.
(3) Offloading window reinstatement.
(4) Effort monitoring.
(5) Data reporting.
(6) Trip limits.
(7) Gear restrictions.
(8) Permitting restrictions.
(9) Crew limits.
(10) Small mesh line.
(11) Onboard observers.
(12) Any other management measures currently included in the FMP.
(d) After developing management actions and receiving public
testimony, the NEFMC shall make a recommendation to the Regional
Director. The NEFMC's recommendation must include supporting rationale
and, if management measures are recommended, an analysis of impacts and
a recommendation to the Regional Director on whether to publish the
management measures as a final rule. If the NEFMC recommends that the
management measures should be published as a final rule, the NEFMC must
consider at least the following factors and provide support and
analysis for each factor considered:
(1) Whether the availability of data on which the recommended
management measures are based allows for adequate time to publish a
proposed rule, and whether regulations have to be in place for an
entire harvest/fishing season.
(2) Whether there has been adequate notice and opportunity for
participation by the public and members of the
[[Page 34993]]
affected industry in the development of the NEFMC's recommended
management measures.
(3) Whether there is an immediate need to protect the resource.
(4) Whether there will be a continuing evaluation of management
measures adopted following their promulgation as a final rule.
(e) If the NEFMC's recommendation includes adjustments or additions
to management measures, and if, after reviewing the NEFMC's
recommendation and supporting information:
(1) The Regional Director concurs with the NEFMC's recommended
management measures and determines that the recommended management
measures may be published as a final rule based on the factors
specified in paragraph (d) of this section, the action will be
published in the Federal Register as a final rule; or
(2) The Regional Director concurs with the NEFMC's recommendation
and determines that the recommended management measures should be
published first as a proposed rule, the action will be published as a
proposed rule in the Federal Register. After additional public comment,
if the Regional Director concurs with the NEFMC recommendation, the
action will be published as a final rule in the Federal Register; or
(3) The Regional Director does not concur, the NEFMC will be
notified, in writing, of the reasons for the non-concurrence.
(f) Nothing in this section is meant to derogate from the authority
of the Secretary to take emergency action under section 305(e) of the
Magnuson Act.
Subpart E--Management Measures for the Atlantic Surf Clam and Ocean
Quahog Fisheries
Sec. 648.70 Annual individual allocations.
(a) General. (1) For each fishing year, the Regional Director shall
determine the allocation of surf clams and ocean quahogs for each
vessel owner issued an allocation for the preceding fishing year, by
multiplying the quotas specified for each species by the Regional
Director under Sec. 648.71 by the allocation percentage, specified for
that owner on the allocation permit for the preceding fishing year,
adjusted to account for any transfer pursuant to paragraph (b) of this
section. These allocations shall be made in the form of an allocation
permit specifying for each species the allocation percentage and the
allocation in bushels. Such permits shall be issued on or before
December 15, to the registered holders who were assigned an allocation
by November 1. The total number of bushels of allocation shall be
divided by 32 to determine the appropriate number of cage tags to be
issued or acquired under Sec. 648.75. Amounts of allocation 0.5 or
smaller created by this division shall be rounded downward to the
nearest whole number and amounts of allocation greater than 0.5 created
by this division shall be rounded upward to the nearest whole number so
that allocations are specified in whole cages. An allocation permit is
only valid for the entity for which it is issued.
(2) The Regional Director may, after publication of a fee
notification in the Federal Register, charge a permit fee before
issuance of the permit to recover administrative expenses. Failure to
pay the fee will preclude issuance of the permit.
(b) Transfers--(1) Allocation percentage. Subject to the approval
of the Regional Director, part or all of an allocation percentage may
be transferred, in amounts equivalent to not less than 160 bu (8,500 L)
(i.e., 5 cages) in the year in which the transfer is made, to any
person eligible to own a documented vessel under the terms of 46 U.S.C.
12102(a). Approval of a transfer by the Regional Director and for a new
allocation permit reflecting that transfer may be requested by
submitting a written application for approval of the transfer and for
issuance of a new allocation permit to the Regional Director at least
10 days before the date on which the applicant desires the transfer to
be effective, in the form of a completed transfer log supplied by the
Regional Director. The transfer is not effective until the new holder
receives a new or revised annual allocation permit from the Regional
Director. An application for transfer may not be made between October
15 and December 31 of each year.
(2) Cage tags. Cage tags issued pursuant to Sec. 648.75 may be
transferred in quantities of not less than 5 tags at any one time,
subject to the restrictions and procedure specified in paragraph (b)(1)
of this section; provided that application for such cage tag transfers
may be made at any time before December 10 of each year and the
transfer is effective upon the receipt by the transferee of written
authorization from the Regional Director.
(3) Review. If the Regional Director determines that the applicant
has been issued a Notice of Permit Sanction for a violation of the
Magnuson Act that has not been resolved, he/she may decline to approve
such transfer pending resolution of the matter.
Sec. 648.71 Catch quotas.
(a) Surf clams. The amount of surf clams that may be caught
annually by fishing vessels subject to these regulations will be
specified by the Assistant Administrator, on or about December 1 of
each year, within the range of 1.85 to 3.4 million bu (98.5 to 181
million L).
(1) Establishing quotas. (i) Prior to the beginning of each year,
the MAFMC, following an opportunity for public comment, will recommend
to the Assistant Administrator quotas and estimates of DAH and DAP
within the ranges specified. In selecting the quota, the MAFMC shall
consider current stock assessments, catch reports, and other relevant
information concerning:
(A) Exploitable and spawning biomass relative to the OY.
(B) Fishing mortality rates relative to the OY.
(C) Magnitude of incoming recruitment.
(D) Projected effort and corresponding catches.
(E) Geographical distribution of the catch relative to the
geographical distribution of the resource.
(F) Status of areas previously closed to surf clam fishing that are
to be opened during the year and areas likely to be closed to fishing
during the year.
(ii) The quota shall be set at that amount that is most consistent
with the objectives of the Atlantic Surf Clam and Ocean Quahog FMP. The
Assistant Administrator may set quotas at quantities different from the
MAFMC's recommendations only if he/she can demonstrate that the MAFMC's
recommendations violate the national standards of the Magnuson Act and
the objectives of the Atlantic Surf Clam and Ocean Quahog FMP.
(2) Report. Prior to the beginning of each year, the Regional
Director shall prepare a written report, based on the latest available
stock assessment report prepared by NMFS, data reported by harvesters
and processors according to these regulations, and other relevant data.
The report will include consideration of:
(i) Exploitable biomass and spawning biomass relative to OY.
(ii) Fishing mortality rates relative to OY.
(iii) Magnitude of incoming recruitment.
(iv) Projected effort and corresponding catches.
(v) Status of areas previously closed to surf clams fishing that
are to be opened during the year and areas likely to be closed to
fishing during the year.
[[Page 34994]]
(vi) Geographical distribution of the catch relative to the
geographical distribution of the resource.
(3) Public review. Based on the information presented in the
report, and in consultation with the MAFMC, the Assistant Administrator
shall propose an annual surf clam quota and an annual ocean quahog
quota and shall publish them in the Federal Register. Comments on the
proposed annual quotas may be submitted to the Regional Director within
30 days after publication. The Assistant Administrator shall consider
all comments, determine the appropriate annual quotas, and publish the
annual quotas in the Federal Register on or about December 1 of each
year.
(b) Ocean quahogs. The amount of ocean quahogs that may be caught
by fishing vessels subject to these regulations shall be specified
annually by the Assistant Administrator, on or about December 1, within
the range of 4 to 6 million bu (213 to 319.4 million L), following the
same procedures set forth in paragraph (a) of this section for surf
clams.
Sec. 648.72 Minimum surf clam size.
(a) Minimum length. The minimum length for surf clams is 4.75
inches (12.065 cm).
(b) Determination of compliance. No more than 50 surf clams in any
cage may be less than 4.75 inches (12.065 cm) in length. If more than
50 surf clams in any inspected cage of surf clams are less than 4.75
inches (12.065 cm) in length, all cages landed by the same vessel from
the same trip are deemed to be in violation of the minimum size
restriction.
(c) Suspension. Upon the recommendation of the MAFMC, the Regional
Director may suspend annually, by publication in the Federal Register,
the minimum shell-height standard, unless discard, catch, and survey
data indicate that 30 percent of the surf clams are smaller than 4.75
inches (12.065 cm) and the overall reduced shell height is not
attributable to beds where the growth of individual surf clams has been
reduced because of density dependent factors.
(d) Measurement. Length is measured at the longest dimension of the
surf clam shell.
Sec. 648.73 Closed areas.
(a) Areas closed because of environmental degradation. Certain
areas are closed to all surf clam and ocean quahog fishing because of
adverse environmental conditions. These areas will remain closed until
the Assistant Administrator determines that the adverse environmental
conditions no longer exist. If additional areas are identified by the
Assistant Administrator as being contaminated by the introduction or
presence of hazardous materials or pollutants, they may be closed by
the Assistant Administrator in accordance with paragraph (c) of this
section. The areas closed are:
(1) Boston Foul Ground. The waste disposal site known as the
``Boston Foul Ground'' and located at 42 deg.25'36## N. lat.,
70 deg.35#00## W. long., with a radius of 1 nm in every direction from
that point.
(2) New York Bight. The polluted area and waste disposal site known
as the ``New York Bight Closure'' and located at 40 deg.25#04## N.
lat., 73 deg.42#38## W. long., and with a radius of 6 nm in every
direction from that point, extending farther northwestward, westward,
and southwestward between a line from a point on the arc at
40 deg.31#00## N. lat., 73 deg.43#38## W. long., directly toward
Atlantic Beach Light in New York to the limit of state territorial
waters of New York; and a line from a point on the arc at
40 deg.19#48## N. lat., 73 deg.45#42## W. long., to a point at the
limit of the state territorial waters of New Jersey at 40 deg.14#00##
N. lat., 73 deg.55#42## W. long.
(3) 106 Dumpsite. The toxic industrial dump site known as the ``106
Dumpsite'' and located between 38 deg.40#00## and 39 deg.00#00## N.
lat. and between 72 deg.00#00## and 72 deg.30#00## W. long.
(b) Areas closed because of small surf clams. Areas may be closed
because they contain small surf clams.
(1) Closure. The Assistant Administrator may close an area to surf
clams and ocean quahog fishing if he/she determines, based on logbook
entries, processors' reports, survey cruises, or other information,
that the area contains surf clams of which:
(i) Sixty percent or more are smaller than the minimum size (4.5
inches (11.43 cm)); and
(ii) Not more than 15 percent are larger than 5.5 inches (13.97 cm)
in size.
(2) Reopening. The Assistant Administrator may reopen areas or
parts of areas closed under paragraph (b)(1) of this section if he/she
determines, based on survey cruises or other information, that:
(i) The average length of the dominant (in terms of weight) size
class in the area to be reopened is equal to or greater than 4.75
inches (12.065 cm); or
(ii) The yield or rate of growth of the dominant shell-height class
in the area to be reopened would be significantly enhanced through
selective, controlled, or limited harvest of surf clams in the area.
(c) Procedure. (1) The Regional Director may hold a public hearing
on the proposed closure or reopening of any area under paragraph (a) or
(b) of this section. The Assistant Administrator shall publish
notification in the Federal Register of any proposed area closure or
reopening, including any restrictions on harvest in a reopened area.
Comments on the proposed closure or reopening may be submitted to the
Regional Director within 30 days after publication. The Assistant
Administrator shall consider all comments and publish the final
notification of closure or reopening, and any restrictions on harvest,
in the Federal Register. Any adjustment to harvest restrictions in a
reopened area shall be made by notification in the Federal Register.
The Regional Director shall send notice of any action under this
paragraph (c)(1) to each surf clam and ocean quahog processor and to
each surf clam and ocean quahog permit holder.
(2) If the Regional Director determines, as the result of testing
by state, Federal, or private entities, that a closure of an area under
paragraph (a) of this section is necessary to prevent any adverse
effects fishing may have on the public health, he/she may close the
area for 60 days by publication of notification in the Federal
Register, without prior comment or public hearing. If an extension of
the 60-day closure period is necessary to protect the public health,
the hearing and notice requirements of paragraph (c)(1) of this section
shall be followed.
Sec. 648.74 Shucking at sea.
(a) Observers. (1) The Regional Director may allow the shucking of
surf clams or ocean quahogs at sea if he/she determines that an
observer carried aboard the vessel can measure accurately the total
amount of surf clams and ocean quahogs harvested in the shell prior to
shucking.
(2) Any vessel owner may apply in writing to the Regional Director
to shuck surf clams or ocean quahogs at sea. The application shall
specify: Name and address of the applicant, permit number of the
vessel, method of calculating the amount of surf clams or ocean quahogs
harvested in the shell, vessel dimensions and accommodations, and
length of fishing trip.
(3) The Regional Director shall provide an observer to any vessel
owner whose application is approved. The owner shall pay all reasonable
expenses of carrying the observer on board the vessel.
(4) Any observer shall certify at the end of each trip the amount
of surf
[[Page 34995]]
clams or ocean quahogs harvested in the shell by the vessel. Such
certification shall be made by the observer's signature on the daily
fishing log required by Sec. 648.7.
(b) Conversion factor. (1) Based on the recommendation of the
MAFMC, the Regional Director may allow shucking at sea of surf clams or
ocean quahogs, with or without an observer, if he/she determines a
conversion factor for shucked meats to calculate accurately the amount
of surf clams or ocean quahogs harvested in the shell.
(2) The Regional Director shall publish notification in the Federal
Register specifying a conversion factor together with the data used in
its calculation for a 30-day comment period. After consideration of the
public comments and any other relevant data, the Regional Director may
publish final notification in the Federal Register specifying the
conversion factor.
(3) If the Regional Director makes the determination specified in
paragraph (b)(1) of this section, he/she may authorize the vessel owner
to shuck surf clams or ocean quahogs at sea. Such authorization shall
be in writing and be carried aboard the vessel.
Sec. 648.75 Cage identification.
(a) Tagging. Before offloading, all cages that contain surf clams
or ocean quahogs must be tagged with tags acquired annually under
paragraph (b) of this section. A tag must be fixed on or as near as
possible to the upper crossbar of the cage for every 60 ft \3\ (1,700
L), or portion thereof, of the cage. A tag or tags must not be removed
until the cage is emptied by the processor, at which time the processor
must promptly remove and retain the tag(s) for collection or disposal
as specified by the Regional Director.
(b) Issuance. The Regional Director will issue a supply of tags to
each individual vessel owner qualifying for an allocation under
Sec. 648.70 prior to the beginning of each fishing year or he/she may
specify, in the Federal Register, a vendor from whom the tags shall be
purchased. The number of tags will be based on the owner's allocation.
Each tag represents 32 bu (1,700 L) of allocation.
(c) Expiration. Tags will expire at the end of t
FR Doc. 96-16660 Fisheries of the Northeastern United States
he fishing year for
which they are issued, or if rendered null and void in accordance with
15 CFR part 904.
(d) Return. Tags that have been rendered null and void must be
returned to the Regional Director, if possible.
(e) Loss. Loss or theft of tags must be reported by the owner,
numerically identifying the tags to the Regional Director by telephone
as soon as the loss or theft is discovered and in writing within 24
hours. Thereafter, the reported tags shall no longer be valid for use
under this part.
(f) Replacement. Lost or stolen tags may be replaced by the
Regional Director if proper notice of the loss is provided by the
person to whom the tags were issued. Replacement tags may be purchased
from the Regional Director or a vendor with a written authorization
from the Regional Director.
(g) Transfer. See Sec. 648.70(b)(2).
(h) Presumptions. Surf clams and ocean quahogs found in cages
without a valid state tag are deemed to have been harvested in the EEZ
and to be part of an individual's allocation, unless the individual
demonstrates that he/she has surrendered his/her Federal vessel permit
issued under Sec. 648.4(a)(4) and conducted fishing operations
exclusively within waters under the jurisdiction of any state. Surf
clams and ocean quahogs in cages with a Federal tag or tags, issued and
still valid pursuant to this section, affixed thereto are deemed to
have been harvested by the individual allocation holder to whom the
tags were issued under Sec. 648.75(b) or transferred under
Sec. 648.70(b).
Subpart F--Management Measures for the NE Multispecies Fishery
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
All vessels fishing for, harvesting, possessing, or landing NE
multispecies in or from the EEZ and all vessels holding a multispecies
permit must comply with the following minimum mesh size, gear, and
methods of fishing requirements, unless otherwise exempted or
prohibited.
(a) Gulf of Maine/Georges Bank (GOM/GB) Regulated Mesh Area.--(1)
Area definition. The GOM/GB Regulated Mesh Area (copies of a map
depicting the area are available from the Regional Director upon
request) is that area:
(i) Bounded on the east by the U.S.-Canada maritime boundary,
defined by straight lines connecting the following points in the order
stated:
Gulf of Maine/Georges Bank Regulated Mesh Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
G1.......................... (\1\) (\1\)
G2............................................ 43 deg.58' 67 deg.22'
G3............................................ 42 deg.53.1
' 67 deg.44.4
'
G4............................................ 42 deg.31' 67 deg.28.1
'
G5............................................ 41 deg.18.6
' 66 deg.24.8
'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime
Boundary.
(ii) Bounded on the south by straight lines connecting the
following points in the order stated:
----------------------------------------------------------------------------------------------------------------
Point N. Lat. W. Long. Approximate loran C bearings
----------------------------------------------------------------------------------------------------------------
G6.......................... 40 deg.55.5 66 deg.38' 5930-Y-30750 and 9960-Y-43500.
'
G7............................................ 40 deg.45.5 68 deg.00' 9960-Y-43500 and 68 deg.00' W. lat.
'
G8............................................ 40 deg.37' 68 deg.00' 9960-Y-43450 and 68 deg.00' W. lat.
G9............................................ 40 deg.30' 69 deg.00'
NL3........................................... 40 deg.22.7 69 deg.00'
'
NL2........................................... 40 deg.18.7 69 deg.40'
'
NL1........................................... 40 deg.50' 69 deg.40'
G11........................................... 40 deg.50' 70 deg.00'
G12........................................... \1\ 70 deg.
00'
----------------------------------------------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland Massachusetts.
(2) Gear restrictions. (i) Minimum mesh size. Except as provided in
paragraphs (a)(2) (iii) and (i) of this section, and unless otherwise
restricted under paragraphs (a) (2)(ii) and (5) of this section, the
minimum mesh size for any trawl net, sink gillnet, Scottish seine,
midwater trawl, or purse seine on a vessel or used by a vessel fishing
under a DAS in the NE multispecies DAS program in the GOM/GB Regulated
Mesh Area is 6-inch (15.24-cm) square or diamond mesh throughout the
entire net. This restriction does not apply to nets or pieces of nets
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 ft\2\ (0.81 m\2\)), or to
vessels that have not been issued a multispecies permit and that are
fishing exclusively in state waters.
(ii) Large-mesh vessels. When fishing in the GOM/GB regulated mesh
area, the
[[Page 34996]]
minimum mesh size for any sink gillnet on a vessel or used by a vessel
fishing under a DAS in the large-mesh DAS program specified in
Sec. 648.82(b) (6) and (7) is 7-inch (17.78-cm) diamond mesh throughout
the entire net. The minimum mesh size for any trawl net on a vessel or
used by a vessel fishing under a DAS in the large-mesh DAS program is
8-inch (20.32-cm) diamond mesh throughout the entire net. This
restriction does not apply to nets or pieces of nets smaller than 3 ft
(0.9 m) x 3 ft (0.9 m), (9 ft\2\ (0.81 m\2\)), or to vessels that have
not been issued a multispecies permit and that are fishing exclusively
in state waters.
(iii) Other gear and mesh exemptions. The minimum mesh size for any
trawl net, sink gillnet, Scottish seine, midwater trawl, or purse seine
on a vessel or used by a vessel when fishing in the GOM/GB Regulated
Mesh Area while not under the NE multispecies DAS program, but when
under one of the exemptions specified in paragraphs (a)(3), (a)(4),
(a)(6), (a)(8), (a)(9), (d), (e), (h), and (i) of this section, is set
forth in the respective paragraph specifying the exemption. Vessels
that are not fishing under one of these exemptions, under the scallop
state waters exemption specified in Sec. 648.54, or under a NE
multispecies DAS, are prohibited from fishing in the GOM/GB regulated
mesh area.
(3) Small Mesh Northern Shrimp Fishery Exemption Area. Vessels
subject to the minimum mesh size restrictions specified in paragraph
(a)(2) of this section may fish for, harvest, possess, or land northern
shrimp in the Small Mesh Northern Shrimp Fishery Exemption Area with
nets with a mesh size smaller than the minimum size specified, if the
vessel complies with the requirements of paragraphs (a)(3) (i) through
(iii) of this section. The Small Mesh Northern Shrimp Fishery Exemption
Area is defined by straight lines connecting the following points in
the order stated (copies of a map depicting the area are available from
the Regional Director upon request):
Small Mesh Northern Shrimp Fishery Exemption Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
SM1................... 41 deg.35' 70 deg.00'
SM2................... 41 deg.35' 69 deg.40'
SM3................... 42 deg.49.5' 69 deg.40'
SM4................... 43 deg.12' 69 deg.00'
SM5................... 43 deg.41' 68 deg.00'
G2.................... 43 deg.58' 67 deg.22'; (the U.S.-
Canada maritime
Boundary).
G1.................... (\1\) (\1\)
------------------------------------------------------------------------
\1\ Northward along the irregular U.S.-Canada maritime boundary to the
shoreline.
(i) Restrictions on fishing for, possessing, or landing fish other
than shrimp. A vessel fishing in the northern shrimp fishery described
in this section under this exemption 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 allowable bycatch species:
Longhorn sculpin; silver hake--up to two standard totes; monkfish and
monkfish parts--up to 10 percent, by weight, of all other species on
board; and American lobster--up to 10 percent, by weight, of all other
species on board or 200 lobsters, whichever is less.
(ii) Requirement to use a finfish excluder device (FED). A vessel
must have a rigid or semi-rigid grate consisting of parallel bars of
not more than 1-inch (2.54-cm) spacing that excludes all fish and other
objects, except those that are small enough to pass between its bars
into the codend of the trawl, secured in the trawl, forward of the
codend, in such a manner that it precludes the passage of fish or other
objects into the codend without the fish or objects having to first
pass between the bars of the grate, in any net with mesh smaller than
the minimum size specified in paragraph (a)(2) of this section. The net
must have a outlet or hole to allow fish or other objects that are too
large to pass between the bars of the grate to exit out of the net. The
aftermost edge of this outlet or hole must be at least as wide as the
grate at the point of attachment. The outlet or hole must extend
forward from the grate toward the mouth of the net. A funnel of net
material is allowed in the lengthening piece of the net forward of the
grate to direct catch towards the grate. (Copies of a schematic example
of a properly configured and installed FED are available from the
Regional Director upon request.)
(iii) Time restrictions. A vessel may only fish under this
exemption during the northern shrimp season, as established by the
Commission. The northern shrimp season is December 1 through May 30, or
as modified by the Commission.
(4) Cultivator Shoal Whiting Fishery Exemption Area. Vessels
subject to the minimum mesh size restrictions specified in paragraph
(a)(2) of this section may fish with, use, or possess nets in the
Cultivator Shoal Whiting Fishery Exemption Area with a mesh size
smaller than the minimum size specified, if the vessel complies with
the requirements specified in paragraph (a)(4)(i) of this section. The
Cultivator Shoal Whiting Fishery Exemption Area (copies of a map
depicting the area are available from the Regional Director upon
request) is defined by straight lines connecting the following points
in the order stated:
Cultivator Shoal Whiting Fishery Exemption Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
C1............................................ 42 deg.10' 68 deg.10'
C2............................................ 41 deg.30' 68 deg.41'
CI4........................................... 41 deg.30' 68 deg.30'
C3............................................ 41 deg.12.8
' 68 deg.30'
C4............................................ 41 deg.05' 68 deg.20'
C5............................................ 41 deg.55' 67 deg.40'
C1............................................ 42 deg.10' 68 deg.10'
------------------------------------------------------------------------
(i) Requirements. (A) A vessel fishing in the Cultivator Shoal
Whiting Fishery Exemption Area under this exemption must have a letter
of authorization issued by the Regional Director on board and may not
fish for, possess on board, or land any species of fish other than
whiting, except for the following, with the restrictions noted, as
allowable bycatch species: Longhorn sculpin; monkfish and monkfish
parts--up to 10 percent, by weight, of all other species on board; and
American lobster--up to 10 percent by weight of all other species on
board or 200 lobsters, whichever is less.
(B) All nets must comply with a minimum mesh size of 3-inch (7.62
cm) square or diamond mesh applied to the first 160 meshes counted from
the terminus of the net.
(C) Fishing is confined to a season of June 15 through October 31,
unless otherwise specified by notification in the Federal Register.
(D) When transiting through the GOM/GB Regulated Mesh Area
specified under paragraph (a)(1) of this section, any nets with a mesh
size smaller than the minimum mesh size specified in paragraph (a)(2)
of this section must be stowed in accordance with one of the methods
specified in Sec. 648.23(b).
(ii) Sea sampling. The Regional Director shall conduct periodic sea
sampling to determine if there is a need to change the area or season
designation, and to evaluate the bycatch of regulated species,
especially haddock.
(iii) Annual review. The NEFMC shall conduct an annual review of
data to determine if there are any changes in
[[Page 34997]]
area or season designation necessary, and to make appropriate
recommendations to the Regional Director following the procedures
specified in Sec. 648.90 of this part.
(5) Stellwagen Bank/Jeffreys Ledge (SB/JL) Juvenile Protection
Area. Except as provided in paragraphs (a)(3), (d), (e), and (h) of
this section, the minimum mesh size for any trawl net, Scottish seine,
purse seine, or midwater trawl in use, or available for immediate use
as described in Sec. 648.23(b) by a vessel fishing in the following
area is 6-inch (15.24-cm) square or diamond mesh in the last 50 bars of
the codend and extension piece for vessels 45 ft (13.7 m) in length and
less, and in the last 100 bars of the codend and extension piece for
vessels greater than 45 ft (13.7 m) in length.
(i) The SB/JL Juvenile Protection Area (copies of a map depicting
the area are available from the Regional Director upon request) is
defined by straight lines connecting the following points in the order
stated:
Stellwagen Bank Juvenile Protection Area
----------------------------------------------------------------------------------------------------------------
Approximate Loran
Point N. Lat. W. Long. coordinates
----------------------------------------------------------------------------------------------------------------
SB1.......................................................... 42 deg.34.0
' 70 deg.23.5
' 13737 44295
SB2.......................................................... 42 deg.28.8
' 70 deg.39.0
' 13861 44295
SB3.......................................................... 42 deg.18.6
' 70 deg.22.5
' 13810 44209
SB4.......................................................... 42 deg.05.5
' 70 deg.23.3
' 13880 44135
SB5.......................................................... 42 deg.11.0
' 70 deg.04.0
' 13737 44135
SB1.......................................................... 42 deg.34.0
' 70 deg.23.5
' 13737 44295
----------------------------------------------------------------------------------------------------------------
Jeffreys Ledge Juvenile Protection Area
----------------------------------------------------------------------------------------------------------------
Approximate Loran
Point N. Lat. W. Long. coordinates
----------------------------------------------------------------------------------------------------------------
JL1.......................................................... 43 deg.12.7
' 70 deg.00.0
' 13369 44445
JL2.......................................................... 43 deg.09.5
' 70 deg.08.0
' 13437 44445
JL3.......................................................... 42 deg.57.0
' 70 deg.08.0
' 13512 44384
JL4.......................................................... 42 deg.52.0
' 70 deg.21.0
' 13631 44384
JL5.......................................................... 42 deg.41.5
' 70 deg.32.5
' 13752 44352
JL6.......................................................... 42 deg.34.0
' 70 deg.26.2
' 13752 44300
JL7.......................................................... 42 deg.55.2
' 70 deg.00.0
' 13474 44362
JL1.......................................................... 43 deg.12.7
' 70 deg.00.0
' 13369 44445
----------------------------------------------------------------------------------------------------------------
(ii) Fishing for northern shrimp in the SB/JL Juvenile Protection
Area is allowed, subject to the requirements of paragraph (a)(3) of
this section.
(6) Transiting. (i) Vessels fishing in the Small Mesh Northern
Shrimp Fishery Exemption Area and in Small Mesh Area 1/Small Mesh Area
2, as specified in paragraphs (a) (3) and (8) of this section, may
transit through the SB/JL Juvenile Protection Area defined in paragraph
(a)(5) of this section with nets on board that do not conform to the
requirements specified in paragraph (a)(2) or (a)(5) of this section,
provided that the nets are stowed in accordance with one of the methods
specified in Sec. 648.23(b).
(ii) Vessels subject to the minimum mesh size restrictions
specified in paragraph (a)(2) of this section may transit through the
Small Mesh Northern Shrimp Fishery Exemption Area defined in paragraph
(a)(3) of this section with nets on board with a mesh size smaller than
the minimum size specified, provided that the nets are stowed in
accordance with one of the methods specified in Sec. 648.23(b), and
provided the vessel has no fish on board.
(iii) Vessels subject to the minimum mesh size restrictions
specified in paragraph (a)(2) of this section may transit through the
GOM/GB Regulated Mesh Area defined in paragraph (a)(1) of this section
with nets on board with a mesh size smaller than the minimum mesh size
specified and with small mesh exempted species on board, provided that
the following conditions are met:
(A) All nets with a mesh size smaller than the minimum mesh size
specified in paragraph (a)(2) of this section are stowed in accordance
with one of the methods specified in Sec. 648.23(b).
(B) A letter of authorization issued by the Regional Director is on
board.
(C) Vessels do not fish for, possess on board, or land any fish,
except when fishing in the areas specified in paragraphs (a)(4),
(a)(9), (b), and (c) of this section. Vessels may retain exempted small
mesh species as provided in paragraphs (a)(4)(i), (a)(9)(i), (b)(3),
and (c)(3) of this section.
(7) Addition or deletion of exemptions. (i) 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 Director, 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 Director may take into consideration
factors such as, 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 Director 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 Director, 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 Director
to determine, without
[[Page 34998]]
public comment, percentage catch of regulated species.
(iii) The Regional Director may, using the process described in
either paragraph (a)(7)(i) or (ii) of this section, authorize an
exemption for a white hake fishery by vessels using regulated mesh or
hook gear. Determination of the percentage of regulated species caught
in such fishery shall not include white hake.
(iv) Exempted fisheries authorized under this paragraph (a)(7) are
subject, at minimum, to the following restrictions:
(A) With the exception of fisheries authorized under paragraph
(a)(7)(iii) of this section, a prohibition on the possession of
regulated species.
(B) A limit on the possession of monkfish or monkfish parts of 10
percent, by weight, of all other species on board.
(C) A limit on the possession of lobsters of 10 percent, by weight,
of all other species on board or 200 lobsters, whichever is less.
(D) A limit on the possession of skate or skate parts in the
Southern New England regulated mesh area described in paragraph (a)(10)
of this section of 10 percent, by weight, of all other species on
board.
(8) Small Mesh Area 1/Small Mesh Area 2. Vessels subject to the
minimum mesh size restrictions specified in paragraph (a)(2) of this
section may fish with or possess nets with a mesh size smaller than the
minimum size specified from July 15 through October 31 when fishing in
Small Mesh Area 1, and from January 1 through June 30 when fishing in
Small Mesh Area 2. A vessel may not fish for, possess on board, or land
any species of fish other than: Butterfish, dogfish, herring, mackerel,
ocean pout, scup, squid, silver hake, and red hake, except for the
following species, with the restrictions noted, as allowable bycatch
species: Longhorn sculpin; monkfish and monkfish parts--up to 10
percent, by weight, of all other species on board; and American
lobster--up to 10 percent, by weight, of all other species on board or
200 lobsters, whichever is less. These areas are defined by straight
lines connecting the following points in the order stated (copies of a
map depicting these areas are available from the Regional Director upon
request):
Small Mesh Area 1
----------------------------------------------------------------------------------------------------------------
Approximate Loran C
Point N. Lat. W. Long. bearings
----------------------------------------------------------------------------------------------------------------
SM1.......................................................... 43 deg.03' 70 deg.27' 13600 25910
SM2.......................................................... 42 deg.57' 70 deg.22' 13600 25840
SM3.......................................................... 42 deg.47' 70 deg.32' 13720 25840
SM4.......................................................... 42 deg.45' 70 deg.29' 13710 25810
SM5.......................................................... 42 deg.43' 70 deg.32' (\1\) 25810
SM6.......................................................... 42 deg.44' 70 deg.39' 13780 (\1\)
SM7.......................................................... 42 deg.49' 70 deg.43' 13780 25910
SM8.......................................................... 42 deg.50' 70 deg.41' 13760 25910
SM9.......................................................... 42 deg.53' 70 deg.43' 13760 25935
SM10......................................................... 42 deg.55' 70 deg.40' 25935 (\1\)
SM11......................................................... 42 deg.59' 70 deg.32' (\1\) 25910
SM1.......................................................... 43 deg.03' 70 deg.27' 13600 25910
----------------------------------------------------------------------------------------------------------------
\1\ 3-mile line
Small Mesh Area 2
----------------------------------------------------------------------------------------------------------------
Approximate Loran C
Point N. Lat. W. Long. bearings
----------------------------------------------------------------------------------------------------------------
SM13......................................................... 43 deg.20.3
' 69 deg.59.4
' 13320 44480
SM14......................................................... 43 deg.25.9
' 69 deg.45.6
' 13200 44480
SM15......................................................... 42 deg.49.5
' 69 deg.40' 13387.5 44298
SM16......................................................... 42 deg.41.5
' 69 deg.40' 13430 44260
SM17......................................................... 42 deg.34.9
' 70 deg.00' 13587 44260
SM13......................................................... 43 deg.20.3
' 69 deg.59.4
' 13320 44480
----------------------------------------------------------------------------------------------------------------
(9) Nantucket Shoals dogfish fishery exemption area. Vessels
subject to the minimum mesh size restrictions specified in paragraph
(a)(2) of this section may fish with, use, or possess nets of mesh
smaller than the minimum size specified in the Nantucket Shoals Dogfish
Fishery Exemption Area, if the vessel complies with the requirements
specified in paragraph (a)(9)(i) of this section. The Nantucket Shoals
Dogfish Fishery Exemption Area (copies of a map depicting this area are
available from the Regional Director upon request) is defined by
straight lines connecting the following points in the order stated:
Nantucket Shoals Dogfish Exemption Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
NS1........................................... 41 deg.45' 70 deg.00'
NS2........................................... 41 deg.45' 69 deg.20'
NS3........................................... 41 deg.30' 69 deg.20'
Cl1........................................... 41 deg.30' 69 deg.23'
NS5........................................... 41 deg.26.5
' 69 deg.20'
NS6........................................... 40 deg.50' 69 deg.20'
NS7........................................... 40 deg.50' 70 deg.00'
NS1........................................... 41 deg.45' 70 deg.00'
------------------------------------------------------------------------
(i) Requirements. (A) A vessel fishing in the Nantucket Shoals
Dogfish Fishery Exemption Area under the exemption must have on board a
letter of authorization issued by the Regional Director and may not
fish for, possess on board, or land any species of fish other than
dogfish, except as provided under paragraph (a)(9)(i)(D) of this
section.
(B) Fishing is confined to June 1 through October 15.
(C) When transitting the GOM/GB regulated mesh area, specified
under paragraph (a)(1) of this section, any nets with a mesh size
smaller than the
[[Page 34999]]
minimum mesh size specified in paragraph (a)(2) of this section must be
stowed and unavailable for immediate use in accordance with
Sec. 648.23(b).
(D) The following species may be retained, with the restrictions
noted, as allowable bycatch species in the Nantucket Shoals Dogfish
Fishery Exemption Area: Longhorn sculpin; silver hake--up to two
standard totes; monkfish and monkfish parts--up to 10 percent, by
weight, of all other species on board; American lobster--up to 10
percent, by weight, of all other species on board or 200 lobsters,
whichever is less; and skate or skate parts--up to 10 percent, by
weight, of all other species on board.
(E) A vessel fishing in the Nantucket Shoals Dogfish Fishery
Exemption Area under the exemption must comply with any additional gear
restrictions specified in the letter of authorization issued by the
Regional Director.
(ii) Sea sampling. The Regional Director may conduct periodic sea
sampling to determine if there is a need to change the area or season
designation, and to evaluate the bycatch of regulated species.
(b) Southern New England (SNE) Regulated Mesh Area--(1) Area
definition. The SNE Regulated Mesh Area (copies of a map depicting this
area are available from the Regional Director upon request) is that
area:
(i) bounded on the east by straight lines connecting the following
points in the order stated:
Southern New England Regulated Mesh Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
G5............................................ 41 deg.18.6
' 66 deg.24.8
'
G6............................................ 40 deg.55.5
' 66 deg.38'
G7............................................ 40 deg.45.5
' 68 deg.00'
G8............................................ 40 deg.37' 68 deg.00'
G9............................................ 40 deg.30.5
' 69 deg.00'
NL3........................................... 40 deg.22.7
' 69 deg.00'
NL2........................................... 40 deg.18.7
' 69 deg.40'
NL1........................................... 40 deg.50' 69 deg.40'
G11........................................... 40 deg.50' 70 deg.00'
G12........................................... ........... \1\ 70 deg.
00'
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland
Massachusetts.
(ii) bounded on the west by the eastern boundary of the Mid-
Atlantic Regulated Mesh Area.
(2) Gear restrictions--(i) Minimum mesh size. Except as provided in
paragraphs (b)(2) (iii) and (i) of this section, and unless otherwise
restricted under paragraph (b)(2)(ii) of this section, the minimum mesh
size for any trawl net, sink gillnet, Scottish seine, purse seine or
midwater trawl, not stowed and not unavailable in use or available for
immediate use in accordance with Sec. 648.23(b) by a vessel fishing
under a DAS in the multispecies DAS program in the SNE regulated mesh
area, is 6-inch (15.24-cm) square or diamond mesh throughout the entire
net. This restriction does not apply to vessels that have not been
issued a multispecies permit and that are fishing exclusively in state
waters.
(ii) Large Mesh vessels. When fishing in the SNE regulated mesh
area, the minimum mesh size for any sink gillnet on a vessel, or used
by a vessel, fishing under a DAS in the Large Mesh DAS program
specified in Sec. 648.82(b) (6) and (7) is 7-inch (17.78-cm) diamond
mesh throughout the entire net. The minimum mesh size for any trawl net
on a vessel or used by a vessel fishing under a DAS in the Large Mesh
DAS program is 8-inch (20.32-cm) diamond mesh throughout the entire
net. This restriction does not apply to nets or pieces of nets smaller
than 3 ft (0.9 m) x 3 ft (0.9 m), (9 ft\2\ (0.81 m\2\)), or to vessels
that have not been issued a multispecies permit and that are fishing
exclusively in state waters.
(iii) Other gear and mesh exemptions. The minimum mesh size for any
trawl net, sink gillnet, Scottish seine, midwater trawl, or purse seine
in use or available for immediate use, as described under
Sec. 648.23(b), by a vessel when not fishing under the NE multispecies
DAS program and when fishing in the SNE regulated mesh area is
specified under the exemptions set forth in paragraphs (b)(3), (c),
(e), (h), and (i) of this section. Vessels that are not fishing in one
of these exemption programs, with exempted gear (as defined under this
part), or under the scallop state waters exemption specified in
Sec. 648.54, or under a NE multispecies DAS, are prohibited from
fishing in the SNE regulated mesh area.
(3) Exemptions--(i) Species exemptions. Vessels subject to the
minimum mesh size restrictions specified in paragraph (b)(2) of this
section may fish for, harvest, possess, or land butterfish, dogfish,
herring, mackerel, ocean pout, scup, shrimp, squid, summer flounder,
silver hake, and weakfish with nets with a mesh size smaller than the
minimum size specified in the SNE Regulated Mesh Area, provided such
vessels comply with the requirements specified in paragraph (b)(3)(ii)
of this section.
(ii) Possession and net stowage requirements. Vessels may possess
regulated species while in possession of nets with mesh smaller than
the minimum size specified in paragraph (b)(2)(i) of this section,
provided that such nets are stowed and are not available for immediate
use in accordance with Sec. 648.23(b), and provided that regulated
species were not harvested by nets of mesh size smaller than the
minimum mesh size specified in paragraph (b)(2)(i) of this section.
Vessels fishing for the exempted species identified in paragraph
(b)(3)(i) of this section may also possess and retain the following
species, with the restrictions noted, as incidental take to these
exempted fisheries: Conger eels; searobins; black sea bass; red hake;
tautog (blackfish); blowfish; cunner; John Dory; mullet; bluefish;
tilefish; longhorn sculpin; fourspot flounder; alewife; hickory shad;
American shad; blueback herring; sea ravens; Atlantic croaker; spot;
swordfish; monkfish and monkfish parts--up to 10 percent, by weight, of
all other species on board; American lobster--up to 10 percent, by
weight, of all other species on board or 200 lobsters, whichever is
less; and skate and skate parts--up to 10 percent, by weight, of all
other species on board.
(4) Addition or deletion of exemptions. Same as paragraph (a)(7) of
this section.
(c) Mid-Atlantic (MA) Regulated Mesh Area--(1) Area definition. The
MA Regulated Mesh Area (copies of a map depicting this area are
available from the Regional Director upon request) is that area bounded
on the east by a line running from the Rhode Island shoreline along
71 deg.47.5' W. long. to its intersection with the 3-nm line, south
along the 3-nm line to Montauk Point, southwesterly along the 3-nm line
to the intersection of 72 deg.30' W. long., and south along that line
to the intersection of the outer boundary of the EEZ.
(2) Gear restrictions--(i) Minimum mesh size. Except as provided in
paragraphs (c)(3) and (i) of this section, and unless otherwise
restricted under paragraph (c)(2)(ii) of this section, the minimum mesh
size for any trawl net, sink gillnet, Scottish seine, purse seine or
midwater trawl not stowed or not unavailable for immediate use as
described in Sec. 648.23(b), by a vessel fishing under a DAS in the NE
multispecies DAS program in the MA Regulated Mesh Area shall be that
specified at Sec. 648.104(a). This restriction does not apply to
vessels that have not been issued a multispecies permit and that are
fishing exclusively in state waters.
(ii) Large mesh vessels. When fishing in the MA Regulated Mesh
Area, the minimum mesh size for any sink gillnet on a vessel, or used
by a vessel, fishing under a DAS in the Large Mesh DAS program
specified in Sec. 648.82(b) (6) and (7) is 7-inch (17.78-cm) diamond
mesh throughout the entire net. The minimum
[[Page 35000]]
mesh size for any trawl net on a vessel, or used by a vessel, fishing
under a DAS in the Large Mesh DAS program is 8-inch (20.32-cm) diamond
mesh throughout the net. This restriction does not apply to nets or
pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 ft\2\ (0.81
m\2\)), or to vessels that have not been issued a multispecies permit
and that are fishing exclusively in state waters.
(3) Net stowage exemption. Vessels may possess regulated species
while in possession of nets with mesh smaller than the minimum size
specified in paragraph (c)(2)(i) of this section, provided that such
nets are stowed and are not available for immediate use in accordance
with Sec. 648.23(b), and provided that regulated species were not
harvested by nets of mesh size smaller than the minimum mesh size
specified in paragraph (c)(2)(i) of this section.
(4) Additional exemptions. The Regional Director may, using the
process described in either paragraph (a)(7) (i) or (ii) of this
section, authorize an exemption for a white hake fishery by vessels
using regulated mesh or hook gear. Determination of the percentage of
regulated species caught in such a fishery shall not include white
hake.
(d) Midwater trawl gear exemption. Fishing may take place
throughout the fishing year with midwater trawl gear of mesh size less
than the applicable minimum size specified in this section, provided
that:
(1) Midwater trawl gear is used exclusively;
(2) When fishing under this exemption in the GOM/GB and SB/JL
Areas, the vessel has on board a letter of authorization issued by the
Regional Director;
(3) The vessel only fishes for, possesses, or lands Atlantic
herring, blueback herring, mackerel, or squid in areas south of
42 deg.20' N. lat.; and Atlantic herring, blueback herring, or mackerel
in areas north of 42 deg.20' N. lat; and
(4) The vessel does not fish for, possess, or land NE multispecies.
(e) Purse seine gear exemption. Fishing may take place throughout
the fishing year with purse seine gear of mesh size smaller than the
applicable minimum size specified in this section, provided that:
(1) The vessel uses purse seine gear exclusively;
(2) When fishing under this exemption in the GOM/GB and SB/JL
areas, the vessel has on board an authorizing letter issued by the
Regional Director;
(3) The vessel only fishes for, possesses, or lands Atlantic
herring, blueback herring, mackerel, or menhaden; and
(4) The vessel does not fish for, possess, or land NE multispecies.
(f) Mesh measurements--(1) Gillnets. Beginning October 15, 1996,
mesh size of gillnet gear shall be measured by lining up five
consecutive knots perpendicular to the float line and, with a ruler or
tape measure, measuring ten consecutive measures on the diamond, inside
knot to inside knot. The mesh shall be the average of the measurements
of ten consecutive measures.
(2) All other nets. With the exception of gillnets, mesh size shall
be measured by a wedged-shaped gauge having a taper of 2 cm in 8 cm and
a thickness of 2.3 mm, inserted into the meshes under a pressure or
pull of 5 kg.
(i) Square-mesh measurement. Square mesh in the regulated portion
of the net is measured by placing the net gauge along the diagonal line
that connects the largest opening between opposite corners of the
square. The square mesh size is the average of the measurements of 20
consecutive adjacent meshes from the terminus forward along the long
axis of the net. The square mesh is measured at least five meshes away
from the lacings of the net.
(ii) Diamond-mesh measurement. Diamond mesh in the regulated
portion of the net is measured running parallel to the long axis of the
net. The mesh size is the average of the measurements of any series of
20 consecutive meshes. The mesh is measured at least five meshes away
from the lacings of the net.
(g) Restrictions on gear and methods of fishing--(1) Net
obstruction or constriction. A fishing vessel shall not use any device
or material, including, but not limited to, nets, net strengtheners,
ropes, lines, or chafing gear, on the top of a trawl net, except that
one splitting strap and one bull rope (if present), consisting of line
and rope no more than 3 inches (7.62 cm) in diameter, may be used if
such splitting strap and/or bull rope does not constrict in any manner
the top of the trawl net. ``The top of the trawl net'' means the 50
percent of the net that (in a hypothetical situation) would not be in
contact with the ocean bottom during a tow if the net were laid flat on
the ocean floor. For the purpose of this paragraph (g)(1), head ropes
are not considered part of the top of the trawl net.
(2) Mesh obstruction or constriction. (i) A fishing vessel may not
use any mesh configuration, mesh construction, or other means on or in
the top of the net, as defined in paragraph (g)(1) of this section, if
it obstructs the meshes of the net in any manner.
(ii) A fishing vessel may not use a net capable of catching
multispecies if the bars entering or exiting the knots twist around
each other.
(3) Pair trawl prohibition. No vessel may fish for NE multispecies
while pair trawling, or possess or land NE multispecies that have been
harvested by means of pair trawling.
(h) Scallop vessels. (1) Except as provided in paragraph (h)(2) of
this section, a scallop vessel that possesses a limited access scallop
permit and either a multispecies combination vessel permit or a scallop
multispecies possession limit permit, and that is fishing under a
scallop DAS allocated under Sec. 648.53, may possess and land up to 300
lb (136.1 kg) of regulated species, provided it has at least one
standard tote on board, unless otherwise restricted by
Sec. 648.86(a)(2).
(2) Combination vessels fishing under a NE multispecies DAS are
subject to the gear restrictions specified in Sec. 648.80 and may
possess and land unlimited amounts of regulated species. Such vessels
may simultaneously fish under a scallop DAS.
(i) State waters winter flounder exemption. Any vessel issued a
multispecies permit may fish for, possess, or land winter flounder
while fishing with nets of mesh smaller than the minimum size specified
in paragraphs (a)(2), (b)(2), and (c)(2) of this section, provided
that:
(1) The vessel has on board a certificate approved by the Regional
Director and issued by the state agency authorizing the vessel's
participation in the state's winter flounder fishing program and is in
compliance with the applicable state laws pertaining to minimum mesh
size for winter flounder.
(2) Fishing is conducted exclusively in the waters of the state
from which the certificate was obtained.
(3) The state's winter flounder plan has been approved by the
Commission as being in compliance with the Commission's winter flounder
fishery management plan.
(4) The state elects, by a letter to the Regional Director, to
participate in the exemption program described by this section.
(5) The vessel does not enter or transit the EEZ.
(6) The vessel does not enter or transit the waters of another
state, unless such other state is participating in the exemption
program described by this section and the vessel is enrolled in that
state's program.
(7) The vessel, when not fishing under the DAS program, does not
fish for, possess, or land more than 500 lb (226.8
[[Page 35001]]
kg) of winter flounder, and has at least one standard tote on board.
(8) The vessel does not fish for, possess, or land any species of
fish other than winter flounder and the exempted small mesh species
specified under paragraphs (a)(3)(i), (a)(8)(iii), (b)(3), and (c)(3)
of this section when fishing in the areas specified under paragraphs
(a)(3), (a)(8), (b)(1), and (c)(1) of this section, respectively.
Vessels fishing under this exemption in New York and Connecticut state
waters may also possess and retain skate as incidental take in this
fishery.
(9) The vessel complies with all other applicable requirements.
Sec. 648.81 Closed areas.
(a) Closed Area I. (1) No fishing vessel or person on a fishing
vessel may enter, fish, or be in the area known as Closed Area I
(copies of a map depicting this area are available from the Regional
Director upon request), as defined by straight lines connecting the
following points in the order stated, except as specified in paragraphs
(a)(2) and (d) of this section:
Closed Area I
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
CI1........................................... 41 deg.30' 69 deg.23'
CI2........................................... 40 deg.45' 68 deg.45'
CI3........................................... 40 deg.45' 68 deg.30'
CI4........................................... 41 deg.30' 68 deg.30'
CI1........................................... 41 deg.30' 69 deg.23'
------------------------------------------------------------------------
(2) Paragraph (a)(1) of this section does not apply to persons on
fishing vessels or fishing vessels--
(i) Fishing with or using pot gear designed and used to take
lobsters, or pot gear designed and used to take hagfish, and that have
no other gear on board capable of catching NE multispecies; or
(ii) Fishing with or using pelagic hook or longline gear or harpoon
gear, provided that there is no retention of regulated species, and
provided that there is no other gear on board capable of catching NE
multispecies.
(b) Closed Area II. (1) No fishing vessel or person on a fishing
vessel may enter, fish, or be in the area known as Closed Area II
(copies of a map depicting this area is available from the Regional
Director upon request), as defined by straight lines connecting the
following points in the order stated, except as specified in paragraph
(b)(2) of this section:
Closed Area II
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
ClI1.................... 41 deg.00' 67 deg.20'
ClI2.................... 41 deg.00' 66 deg.35.8'
G5...................... 41 deg.18.6' 66 deg.24.8' (the U.S.-
Canada Maritime
Boundary)
ClI3.................... 42 deg.22' 67 deg.20' (the U.S.-
Canada Maritime
Boundary)
ClI1.................... 41 deg.00' 67 deg.20'
------------------------------------------------------------------------
(2) Paragraph (b)(1) of this section does not apply to persons on
fishing vessels or fishing vessels fishing with gears as in paragraph
(a)(2) (i) or (ii) of this section, or that are transitting the area,
provided--
(i) The operator has determined that there is a compelling safety
reason; and
(ii) The vessel's fishing gear is stowed in accordance with the
requirements of paragraph (e) of this section.
(c) Nantucket Lightship Closed Area. (1) No fishing vessel or
person on a fishing vessel may enter, fish, or be in the area known as
the Nantucket Lightship Closed Area (copies of a map depicting this
area are available from the Regional Director upon request), as defined
by straight lines connecting the following points in the order stated,
except as specified in paragraphs (c)(2) and (d) of this section:
Nantucket Lightship Closed Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
G10........................................... 40 deg.50' 69 deg.00'
CN1........................................... 40 deg.20' 69 deg.00'
CN2........................................... 40 deg.20' 70 deg.20'
CN3........................................... 40 deg.50' 70 deg.20'
G10........................................... 40 deg.50' 69 deg.00'
------------------------------------------------------------------------
(2) Paragraph (c)(1) of this section does not apply to persons on
fishing vessels or fishing vessels--
(i) Fishing with gear as in paragraph (a)(2) (i) or (ii) of this
section;
(ii) Fishing with or using dredge gear designed and used to take
surf clams or ocean quahogs, and that have no other gear on board
capable of catching NE multispecies; or
(iii) Classified as charter, party or recreational vessel, provided
that--
(A) If the vessel is a party or charter vessel, it has a letter of
authorization issued by the Regional Director on board;
(B) Fish harvested or possessed by the vessel are not sold or
intended for trade, barter or sale, regardless of where the fish are
caught; and
(C) The vessel has no gear other than rod and reel or handline gear
on board.
(d) Transitting. Vessels may transit Closed Area I, the Nantucket
Lightship Closed Area, the NE Closure Area, the Mid-coast Closure Area,
and the Massachusetts Bay Closure Area, as defined in paragraphs
(a)(1), (c)(1), (f)(1), (g)(1), and (h)(1), respectively, of this
section, provided that their gear is stowed in accordance with the
provisions of paragraph (e) of this section.
(e) Gear stowage requirements. Vessels transitting the closed areas
must stow their gear as follows:
(1) Nets. In accordance with one of the methods specified in
Sec. 648.23(b) and capable of being shown not to have been in recent
use.
(2) Scallop dredges. The towing wire is detached from the scallop
dredge, the towing wire is reeled up onto the winch, and the dredge is
secured and covered so that it is rendered unusable for fishing.
(3) Hook gear (other than pelagic). All anchors and buoys are
secured and all hook gear, including jigging machines, is covered.
(4) Sink gillnet gear. All nets are covered with canvas or other
similar material and lashed or otherwise securely fastened to the deck
or rail, and all buoys larger than 6 inches (15.24 cm) in diameter,
high flyers, and anchors are disconnected.
(f) NE Closure Area. (1) From August 15 through September 13, no
fishing vessel or person on a fishing vessel may enter, fish, or be,
and no fishing gear capable of catching NE multispecies, unless
otherwise allowed in this part may be, in the area known as the NE
Closure Area (copies of a map depicting this area are available from
the Regional Director upon request), as defined by straight lines
connecting the following points in the order stated, except as
specified in paragraphs (d) and (f)(2) of this section:
Northeast Closure Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
NE1........................................... (\1\) 68 deg.55.0
'
NE2........................................... 43 deg.29.6
' 68 deg.55.0
'
NE3........................................... 44 deg.04.4
' 67 deg.48.7
'
NE4........................................... 44 deg.06.9
' 67 deg.52.8
'
NE5........................................... 44 deg.31.2
' 67 deg.02.7
'
NE6........................................... (\1\) 67 deg.02.7
'
------------------------------------------------------------------------
\1\ Maine shoreline.
(2) Paragraph (f)(1) of this section does not apply to persons on
fishing vessels or fishing vessels:
(i) That have not been issued a multispecies permit and that are
fishing exclusively in state waters;
[[Page 35002]]
(ii) That are fishing with or using exempted gear as defined under
this part, excluding midwater trawl gear, provided that there is no
other gear on board capable of catching NE multispecies; or
(iii) That are classified as charter, party, or recreational.
(g) Mid-coast Closure Area. (1) From November 1 through December
31, no fishing vessel or person on a fishing vessel may enter, fish, or
be, and no fishing gear capable of catching multispecies, unless
otherwise allowed in this part, may be in the area known as the Mid-
coast Closure Area, as defined by straight lines connecting the
following points in the order stated, except as specified in paragraphs
(d) and (g)(2) of this section (copies of a map depicting this area are
available from the Regional Director upon request):
Mid-Coast Closure Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
MC1........................................... 42 deg.30' (\1\)
MC2........................................... 42 deg.30' 70 deg.15'
MC3........................................... 42 deg.40' 70 deg.15'
MC4........................................... 42 deg.40' 70 deg.00'
MC5........................................... 43 deg.00' 70 deg.00'
MC6........................................... 43 deg.00' 69 deg.30'
MC7........................................... 43 deg.15' 69 deg.30'
MC8........................................... 43 deg.15' 69 deg.00'
MC9........................................... (\2\) 69 deg.00'W
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Maine shoreline.
(2) Paragraph (g)(1) of this section does not apply to persons on
fishing vessels or fishing vessels that meet the criteria in paragraph
(f)(2)(i), (ii), or (iii) of this section.
(h) Massachusetts Bay Closure Area. (1) During the period March 1
through March 30, no fishing vessel or person on a fishing vessel may
enter, fish, or be in; and no fishing gear capable of catching NE
multispecies, unless otherwise allowed in this part, may be in the area
known as the Massachusetts Bay Closure Area (copies of a map depicting
this area are available from the Regional Director upon request), as
defined by straight lines connecting the following points in the order
stated, except as specified in paragraphs (d) and (h)(2) of this
section:
Massachusetts Bay Closure Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
MB1........................................... 42 deg.30' (\1\)
MB2........................................... 42 deg.30' 70 deg.30'
MB3........................................... 42 deg.12' 70 deg.30'
MB4........................................... 42 deg.12' 70 deg.00'
MB5........................................... (\2\) 70 deg.00'
MB6........................................... 42 deg.00' (\2\)
MB7........................................... 42 deg.00' (\1\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline.
(2) Paragraph (h)(1) of this section does not apply to persons on
fishing vessels or fishing vessels that meet the criteria in paragraph
(f)(2)(i), (ii), or (iii) of this section.
Sec. 648.82 Effort-control program for limited access vessels.
(a) General. A vessel issued an limited access multispecies permit
may not fish for, possess, or land regulated species, except during a
DAS as allocated under and in accordance with the applicable DAS
program described in this section, unless otherwise provided in these
regulations.
(b) DAS program--permit categories, allocations and initial
assignments to categories. Beginning with the 1996 fishing year, all
limited access multispecies permit holders shall be assigned to one of
the following DAS permit categories according to the criteria
specified. Permit holders may request a change in permit category for
the 1996 fishing year and all fishing years thereafter, as specified in
Sec. 648.4(a)(1)(i)(I)(2). Each fishing year shall begin on May 1 and
extend through April 30 of the following year.
(1) Individual DAS category--(i) DAS allocation. A vessel fishing
under the individual DAS category shall be allocated 65 percent of its
initial 1994 allocation baseline, as established under Amendment 5 to
the NE Multispecies FMP, for the 1996 fishing year and 50 percent of
its initial allocation baseline for the 1997 fishing year and beyond,
as calculated under paragraph (d)(1) of this section.
(ii) Initial assignment. Any vessel issued a valid limited access
multispecies individual DAS permit, including any vessel also issued a
limited access multispecies gillnet permit, as of July 1, 1996, shall
be initially assigned to the individual DAS category.
(2) Fleet DAS category--(i) DAS allocation. A vessel fishing under
the fleet DAS category shall be allocated 116 DAS (139 DAS multiplied
by the proration factor of 0.83) for the 1996 fishing year and 88 DAS
for the 1997 fishing year and beyond.
(ii) Initial assignment. Any vessel issued a valid fleet DAS
permit, including any vessel also issued a limited access multispecies
gillnet permit; limited access multispecies hook-gear permit; limited
access multispecies gillnet permit that has not also been issued a DAS
permit; or a limited access multispecies small vessel (less than or
equal to 45 ft (13.7 m)) permit and that is larger than 20 ft (6.1 m)
in length as determined by its most recent permit application, as of
July 1, 1996, shall be initially assigned to the fleet DAS category.
(3) Small vessel category--(i) DAS allocation. A vessel qualified
and electing to fish under the small vessel category may retain cod,
haddock, and yellowtail flounder, combined up to 300 lb (136.1 kg) per
trip without being subject to DAS restrictions. Such a vessel is not
subject to a possession limit for other NE multispecies.
(ii) Initial assignment. A vessel issued a valid limited access
multispecies permit and fishing under the small vessel category (less
than or equal to 45 ft (13.7 m)) permit as of July 1, 1996, and that is
20 ft (6.1 m) or less in length as determined by the vessel's last
application for a permit, shall be initially assigned to the small
vessel category. Any other vessel may elect to switch into this
category, as provided for in Sec. 648.4(a)(1)(i)(I)(2), if such vessel
meets or complies with the following:
(A) The vessel is 30 ft (9.1 m) or less in length overall as
determined by measuring along a horizontal line drawn from a
perpendicular raised from the outside of the most forward portion of
the stem of the vessel to a perpendicular raised from the after most
portion of the stern.
(B) If construction of the vessel was begun after May 1, 1994, the
vessel must be constructed such that the quotient of the overall length
divided by the beam is not less than 2.5.
(C) Acceptable verification for vessels 20 ft (6.1 m) or less in
length shall be USCG documentation or state registration papers. For
vessels over 20 ft (6.1 m) in length, the measurement of length must be
verified in writing by a qualified marine surveyor, or the builder,
based on the vessel's construction plans, or by other means determined
acceptable by the Regional Director. A copy of the verification must
accompany an application for a multispecies permit.
(D) Adjustments to the small vessel category requirements,
including changes to the length requirement, if required to meet
fishing mortality goals, may be made by the Regional Director following
framework procedures of Sec. 648.90.
(4) Hook-gear category--(i) DAS allocation. Any vessel issued a
valid limited access multispecies hook-gear
[[Page 35003]]
permit shall be allocated 116 DAS (139 DAS multiplied by the proration
factor of 0.83) for the 1996 fishing year and 88 DAS for the 1997
fishing year, and beyond. A vessel fishing under this category in the
DAS program must meet or comply with the following while fishing for,
in possession of, or landing, regulated species:
(A) Vessels, and persons on such vessels, are prohibited from
possessing gear other than hook gear on board the vessel.
(B) Vessels, and persons on such vessels, are prohibited from
fishing, setting, or hauling back, per day, or possessing on board the
vessel, more than 4,500 rigged hooks. An unbaited hook and gangion that
has not been secured to the ground line of the trawl on board a vessel
is deemed to be a replacement hook and is not counted toward the 4,500-
hook limit. A ``snap-on'' hook is deemed to be a replacement hook if it
is not rigged or baited.
(ii) Initial assignment. No vessel shall be initially assigned to
the hook-gear category. Any vessel that meets the qualifications
specified in Sec. 648.4(a)(1)(ii) may apply for and obtain a permit to
fish under this category.
(5) Combination vessel category--(i) DAS allocation. A vessel
fishing under the combination vessel category shall be allocated 65
percent of its initial 1994 allocation baseline, as established under
Amendment 5 to the FMP, for the 1996 fishing year and 50 percent of its
initial allocation baseline for the 1997 fishing year and beyond, as
calculated under paragraph (d)(1) of this section.
(ii) Initial assignment. A vessel issued a valid limited access
multispecies permit qualified to fish as a combination vessel as of
July 1, 1996, shall be assigned to the combination vessel category.
(6) Large Mesh Individual DAS category--(i) DAS allocation. A
vessel fishing under the large mesh individual DAS category shall be
allocated a DAS increase of 12 percent in year one and of 36 percent in
year two beyond the DAS allocations specified in paragraph (b)(1)(i) of
this section (this includes the proration factor for 1996). To be
eligible to fish under the large mesh individual DAS category, a vessel
while fishing under this category must fish with gillnet gear with a
minimum mesh size of 7-inch (17.78-cm) diamond mesh or with trawl gear
with a minimum mesh size of 8-inch (20.32-cm) diamond mesh, as
described under Sec. 648.80 (a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
(ii) Initial assignment. No vessel shall be initially assigned to
the large mesh individual DAS category. Any vessel that is initially
assigned to the individual DAS, fleet DAS, or small vessel category may
request and be granted a switch into this category as specified in
Sec. 648.4(a)(1)(i)(I)(2).
(7) Large Mesh Fleet DAS category--(i) DAS allocation. A vessel
fishing under the large mesh fleet DAS category shall be allocated 129
DAS (155 DAS multiplied by the proration factor of 0.83) for the 1996
fishing year and 120 DAS for the 1997 fishing year, and beyond. To be
eligible to fish under the large mesh fleet DAS category, a vessel
while fishing under this category must fish with gillnet gear with a
minimum mesh size of 7-inch (17.78-cm) diamond mesh or with trawl gear
with a minimum mesh size of 8-inch (20.32-cm) diamond mesh, as
described under Sec. 648.80 (a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
(ii) Initial assignment. No vessel shall be initially assigned to
the large mesh fleet DAS category. Any vessel that is initially
assigned to the individual DAS, fleet DAS, or small vessel category may
request and be granted a switch into this category as specified in
Sec. 648.4(a)(1)(i)(I)(2).
(c) 1996 DAS appeals. (1) Previously exempted vessels. A vessel
that was issued a valid 1995 limited access multispecies permit, and
that has been fishing under the small vessel (less than or equal to 45
ft (13.7 m)), hook-gear, or gillnet categories, is eligible to appeal
its allocation of DAS, if it has not previously done so, as described
under paragraph (d)(2) of this section. Each vessel's initial
allocation of DAS will be considered to be 176 DAS for purposes of this
appeal (i.e., the fleet DAS category baseline prior to the 1996-1997
reductions).
(2) Exempted gillnet vessels that held an individual DAS permit. A
vessel that was issued a valid 1995 limited access multispecies permit
and that has been fishing under both the gillnet and individual DAS
categories, is eligible to appeal its allocation of gillnet DAS, as
described under paragraph (d)(2) of this section. Each vessel's initial
allocation of DAS will be considered to be 176 DAS for purposes of this
appeal (i.e., the fleet DAS category baseline prior to the 1996-1997
reductions).
(d) Individual DAS allocations--(1) Calculation of a vessel's
individual DAS. The DAS assigned to a vessel for purposes of
determining that vessel's annual allocation under the individual DAS
program is calculated as follows:
(i) Count the total number of the vessel's NE multispecies DAS for
the years 1988, 1989, and 1990. NE multispecies DAS are deemed to be
the total number of days the vessel was absent from port for a trip
where greater than 10 percent of the vessel's total landings were
compri
FR Doc. 96-16660 Fisheries of the Northeastern United States
sed of regulated species, minus any days for such trips in which
a scallop dredge was used;
(ii) Exclude the year of least NE multispecies DAS; and
(iii) If 2 years of multispecies DAS are remaining, average those
years' DAS; or
(iv) If only 1 year remains, use that year's DAS.
(2) Appeal of DAS allocation. (i) Initial allocations of individual
DAS to those vessels authorized to appeal under paragraph (c) of this
section may be appealed to the Regional Director if a request to appeal
is received by the Regional Director no later than July 31, 1996, or 30
days after the initial allocation is made, whichever is later. Any such
appeal must be in writing and be based on one or more of the following
grounds:
(A) The information used by the Regional Director was based on
mistaken or incorrect data.
(B) The applicant was prevented by circumstances beyond his/her
control from meeting relevant criteria.
(C) The applicant has new or additional information.
(ii) The Regional Director will appoint a designee who will make an
initial decision on the written appeal.
(iii) If the applicant is not satisfied with the initial decision,
the applicant may request that the appeal be presented at a hearing
before an officer appointed by the Regional Director.
(iv) The hearing officer shall present his/her findings to the
Regional Director and the Regional Director will make a decision on the
appeal. The Regional Director's decision on this appeal is the final
administrative decision of the Department of Commerce.
(3) Status of vessels pending appeal of DAS allocations. While a
vessel's individual DAS allocation is under appeal, the vessel may fish
under the fleet DAS category until the Regional Director has made a
final determination on the appeal. Any DAS spent fishing for regulated
species by a vessel while that vessel's initial DAS allocation is under
appeal, shall be counted against any DAS allocation that the vessel may
ultimately receive.
(e) Accrual of DAS. Same as Sec. 648.53(e).
(f) Good Samaritan credit. Same as Sec. 648.53(f).
(g) Spawning season restrictions. A vessel issued a valid small
vessel permit under paragraph (b)(3) of this section may not fish for,
possess, or land regulated species from March 1 through March 20 of
each year. Any other vessel issued a limited access multispecies permit
must declare out and be out of
[[Page 35004]]
the regulated NE multispecies for a 20-day period between March 1 and
May 31 of each fishing year using the notification requirements
specified in Sec. 648.10. If a vessel owner has not declared and been
out for a 20-day period between March 1 and May 31 of each fishing year
on or before May 12 of each such year, the vessel is prohibited from
fishing for, possessing or landing any regulated species after May 11
of such year for the number of days needed to fulfill the 20-day
requirement.
(h) Declaring DAS and 20-day blocks. A vessel's owner or authorized
representative shall notify the Regional Director of a vessel's
participation in the DAS program and declaration of its 20-day out
period of the NE multispecies fishery, using the notification
requirements specified in Sec. 648.10.
(i) Adjustments in annual DAS allocations. Adjustments in annual
DAS allocations, if required to meet fishing mortality goals, may be
made by the Regional Director following the framework procedures of
Sec. 648.90.
Sec. 648.83 Minimum fish sizes.
(a) Minimum fish sizes. (1) Minimum fish sizes for recreational
vessels and charter/party vessels that are not fishing under a NE
multispecies DAS are specified in Sec. 648.89. All other vessels are
subject to the following minimum fish sizes (TL):
Minimum Fish Sizes (TL)
------------------------------------------------------------------------
Species Size (Inches)
------------------------------------------------------------------------
Cod..................................................... 19 (48.3 cm)
Haddock................................................. 19 (48.3 cm)
Pollock................................................. 19 (48.3 cm)
Witch flounder (gray sole).............................. 14 (35.6 cm)
Yellowtail flounder..................................... 13 (33.0 cm)
American plaice (dab)................................... 14 (35.6 cm)
Winter flounder (blackback)............................. 12 (30.48 cm)
Redfish................................................. 9 (22.9 cm)
------------------------------------------------------------------------
(2) The minimum fish size applies to the whole fish or to any part
of a fish while possessed on board a vessel, except as provided in
paragraph (b) of this section, and to whole fish only, after landing.
Fish or parts of fish must have skin on while possessed on board a
vessel and at the time of landing in order to meet minimum size
requirements. ``Skin on'' means the entire portion of the skin normally
attached to the portion of the fish or fish parts possessed.
(b) Exceptions. (1) Each person aboard a vessel issued a limited
access permit and fishing under the DAS program may possess up to 25 lb
(11.3 kg) of fillets that measure less than the minimum size, if such
fillets are from legal-sized fish and are not offered or intended for
sale, trade, or barter.
(2) Recreational, party, and charter vessels may possess fillets
less than the minimum size specified, if the fillets are taken from
legal-sized fish and are not offered or intended for sale, trade or
barter.
(c) Adjustments. (1) At any time when information is available, the
NEFMC will review the best available mesh selectivity information to
determine the appropriate minimum size for the species listed in
paragraph (a) of this section, except winter flounder, according to the
length at which 25 percent of the regulated species would be retained
by the applicable minimum mesh size.
(2) Upon determination of the appropriate minimum sizes, the NEFMC
shall propose the minimum fish sizes to be implemented following the
procedures specified in Sec. 648.90.
(3) Additional adjustments or changes to the minimum fish sizes
specified in paragraph (a) of this section, and exemptions as specified
in paragraph (b) of this section, may be made at any time after
implementation of the final rule as specified under Sec. 648.90.
Sec. 648.84 Gear-marking requirements and gear restrictions.
(a) Bottom-tending fixed gear, including, but not limited to
gillnets and longlines, designed for, capable of, or fishing for NE
multispecies must have the name of the owner or vessel, or the official
number of that vessel permanently affixed to any buoys, gillnets,
longlines, or other appropriate gear so that the name of the owner or
vessel or official number of the vessel is visible on the surface of
the water.
(b) Bottom-tending fixed gear, including, but not limited to
gillnets or longline gear, must be marked so that the westernmost end
(measuring the half compass circle from magnetic south through west to,
and including, north) of the gear displays a standard 12-inch (30.5-cm)
tetrahedral corner radar reflector and a pennant positioned on a staff
at least 6 ft (1.8 m) above the buoy. The easternmost end (meaning the
half compass circle from magnetic north through east to, and including,
south) of the gear need display only the standard 12-inch (30.5-cm)
tetrahedral radar reflector positioned in the same way.
(c) Continuous gillnets must not exceed 6,600 ft (2,011.7 m)
between the end buoys.
(d) In the GOM/GB regulated mesh area specified in Sec. 648.80(a),
gillnet gear set in an irregular pattern or in any way that deviates
more than 30 deg. from the original course of the set must be marked at
the extremity of the deviation with an additional marker, which must
display two or more visible streamers and may either be attached to or
independent of the gear.
Sec. 648.85 Flexible Area Action System.
(a) The Chair of the Multispecies Oversight Committee, upon
learning of the presence of discard problems associated with large
concentrations of juvenile, sublegal, or spawning multispecies, shall
determine if the situation warrants further investigation and possible
action. In making this determination, the Committee Chair shall
consider the amount of discard of regulated species, the species
targeted, the number and types of vessels operating in the area, the
location and size of the area, and the resource condition of the
impacted species. If he/she determines it is necessary, the Committee
Chair will request the Regional Director to initiate a fact finding
investigation to verify the situation and publish notification in the
Federal Register requesting public comments in accordance with the
procedures therefor in Amendment 3 to the NE Multispecies FMP.
(b) After examining the facts, the Regional Director shall, within
the deadlines specified in Amendment 3, provide the technical analysis
required by Amendment 3.
(c) The NEFMC shall prepare an economic impact analysis of the
potential management options under consideration within the deadlines
specified in Amendment 3.
(d) Copies of the analysis and reports prepared by the Regional
Director and the NEFMC shall be made available for public review at the
NEFMC's office and the Committee shall hold a meeting/public hearing,
at which time it shall review the analysis and reports and request
public comments. Upon review of all available sources of information,
the Committee shall determine what course of action is warranted by the
facts and make a recommendation, consistent with the provisions of
Amendment 3 to the Regional Director.
(e) By the deadline set in Amendment 3 the Regional Director shall
either accept or reject the Committee's recommendation. If the
recommended action is consistent with the record established by the
fact-finding report, impact analysis, and comments received at the
public hearing, he/she shall accept the Committee's recommendation and
implement it through notification in the Federal Register and by notice
sent to all vessel owners holding multispecies permits. The Regional
Director shall also use
[[Page 35005]]
other appropriate media, including, but not limited to, mailings to the
news media, fishing industry associations and radio broadcasts, to
disseminate information on the action to be implemented.
(f) Once implemented, the Regional Director shall monitor the
affected area to determine if the action is still warranted. If the
Regional Director determines that the circumstances under which the
action was taken, based on the Regional Director's report, the NEFMC's
report, and the public comments, are no longer in existence, he/she
shall terminate the action by notification in the Federal Register.
(g) Actions taken under this section will ordinarily become
effective upon the date of filing with the Office of the Federal
Register. The Regional Director may determine that facts warrant a
delayed effective date.
Sec. 648.86 Possession restrictions.
(a) Haddock--(1) NE multispecies DAS vessels. A vessel issued a
limited access multispecies permit that is fishing under a NE
multispecies DAS may land or possess on board up to 1,000 lb (453.6 kg)
of haddock provided it has at least one standard tote on board. Haddock
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.
(2) Scallop dredge vessels. (i) No person owning or operating a
scallop dredge vessel issued a multispecies permit may land haddock
from, or possess haddock on board, a scallop dredge vessel, from
January 1 through June 30.
(ii) No person owning or operating a scallop dredge vessel without
a multispecies permit may possess haddock in, or harvested from, the
EEZ, from January 1 through June 30.
(iii) From July 1 through December 31, scallop dredge vessel or
persons owning or operating a scallop dredge vessel that is fishing
under a scallop DAS allocated under Sec. 648.53 may land or possess on
board up to 300 lb (136.1 kg) of haddock provided the vessel has at
least one standard tote on board. Haddock 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.
(b) Winter flounder. A vessel issued a limited access multispecies
permit that is fishing in the MA regulated mesh area and is not fishing
under a NE multispecies DAS, may land, or possess on board, winter
flounder up to 10 percent, by weight, of all other species on board, or
200 lb (90.7 kg), whichever is less. Winter flounder 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 in
standard totes.
(c) Other possession restrictions. Vessels are subject to any other
applicable possession limit restrictions of this part.
Sec. 648.87 Sink gillnet requirements to reduce harbor porpoise takes.
(a) Areas closed to sink gillnets. Section 648.81(f) through (h)
sets forth closed area restrictions to reduce the take of harbor
porpoise consistent with the harbor porpoise mortality reduction goals.
(b) Additional areas closed to sink gillnets. All persons owning or
operating vessels must remove all of their sink gillnet gear from, and
may not use, set, haul back, fish with, or possess on board, unless
stowed in accordance with the requirements of Sec. 648.23(b), a sink
gillnet in the EEZ portion of the areas and for the times specified in
paragraphs (b)(1) and (2) of this section, and all persons owning or
operating vessels issued a limited access multispecies permit must
remove all of their sink gillnet gear from, and may not use, set, haul
back, fish with, or possess on board, unless stowed in accordance with
the requirements of Sec. 648.23(b), a sink gillnet in the EEZ portion
of the areas and for the times specified in paragraphs (b)(1) and (2)
of this section.
(1) Mid-coast Closure Area. From March 25 through April 25 of each
fishing year, the restrictions and requirements specified in paragraph
(a)(2) of this section apply to the Mid-coast Closure area, as defined
under Sec. 648.81(g)(1).
(2) Cape Cod South Area Closure. From March 1 through March 10 of
each fishing year, the restrictions and requirements specified under
paragraph (a)(2) of this section shall apply to the area known as the
Cape Cod South Closure Area (copies of a map depicting this area are
available from the Regional Director upon request), which is the area
bounded by straight lines connecting the following points in the order
stated.
Cape Cod South Closure Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
CCS1.......................................... (\1\) 71 deg.45'
W
CCS2.......................................... 40 deg.40'
N 71 deg.45'
W
CCS3.......................................... 40 deg.40'
N 70 deg.30'
W
CCS4.......................................... (\2\) 70 deg.30'
W
------------------------------------------------------------------------
\1\ RI shoreline.
\2\ MA shoreline.
(c) Framework adjustment. (1) At least annually, the Regional
Director will provide the NEFMC with the best available information on
the status of Gulf of Maine harbor porpoise, including estimates of
abundance and estimates of bycatch in the sink gillnet fishery. Within
60 days of receipt of that information, the NEFMC's HPRT shall complete
a review of the data, assess the adequacy of existing regulations,
evaluate the impacts of other measures that reduce harbor porpoise take
and, if necessary, recommend additional measures in light of the
NEFMC's harbor porpoise mortality reduction goals. In addition, the
HPRT shall make a determination on whether other conservation issues
exist that require a management response to meet the goals and
objectives outlined in the NE Multispecies FMP. The HPRT shall report
its findings and recommendations to the NEFMC.
(2) After receiving and reviewing the HPRT's findings and
recommendations, the NEFMC shall determine whether adjustments or
additional management measures are necessary to meet the goals and
objectives of the NE Multispecies FMP. If the NEFMC determines that
adjustments or additional management measures are necessary, or at any
other time in consultation with the HPRT, it shall develop and analyze
appropriate management actions over the span of at least two NEFMC
meetings.
(3) The NEFMC may request, at any time, that the HPRT review and
make recommendations on any harbor porpoise take reduction measures or
develop additional take reduction proposals.
(4) The NEFMC shall provide the public with advance notice of the
availability of the proposals, appropriate rationale, economic and
biological analyses, and opportunity to comment on them prior to and at
the second NEFMC meeting. The NEFMC's recommendation on adjustments or
additions to management measures must come from one or more of the
categories specified under Sec. 648.90(b)(1).
(5) If the NEFMC recommends that the management measures should be
issued as a final rule, the NEFMC must consider at least the factors
specified in Sec. 648.90(b)(2).
(6) The Regional Director may accept, reject, or with NEFMC
approval, modify the NEFMC's recommendation, including the NEFMC's
recommendation to issue a final rule, as specified under
Sec. 648.90(b)(3).
[[Page 35006]]
Sec. 648.88 Open access permit restrictions.
(a) Handgear permit. A vessel issued a valid open access
multispecies handgear permit is subject to the following restrictions:
(1) The vessel may possess and land up to 300 lb (136.1 kg) of cod,
haddock, and yellowtail flounder, combined, per trip, and unlimited
amounts of the other NE multispecies, provided that it does not use or
possess on board gear other than rod and reel or handlines while in
possession of, fishing for, or landing NE multispecies, and provided it
has at least one standard tote on board.
(2) A vessel may not fish for, possess, or land regulated species
from March 1 through March 20 of each year.
(b) Charter/party permit. A vessel that has been issued a valid
open access multispecies charter/party permit is subject to the
restrictions on gear, recreational minimum fish sizes and prohibitions
on sale specified in Sec. 648.89, and any other applicable provisions
of this part.
(c) Scallop multispecies possession limit permit. A vessel that has
been issued a valid open access scallop multispecies possession limit
permit may possess and land up to 300 lb (136.1 kg) of regulated
species when fishing under a scallop DAS allocated under Sec. 648.53,
provided the vessel does not fish for, possess, or land haddock from
January 1 through June 30 as specified under Sec. 648.86(a)(2)(i), and
provided the vessel has at least one standard tote on board.
Sec. 648.89 Recreational and charter/party restrictions.
(a) Recreational gear restrictions. Persons aboard charter or party
vessels permitted under this part and not fishing under the DAS
program, and recreational fishing vessels in the EEZ, are prohibited
from fishing with more than two hooks per line and one line per angler
and must stow all other fishing gear on board the vessel as specified
under Secs. 648.23(b) and 648.81(e) (2), (3), and (4).
(b) Recreational minimum fish sizes--(1) Minimum fish sizes.
Persons aboard charter or party vessels permitted under this part and
not fishing under the DAS program, and recreational fishing vessels in
the EEZ, are subject to minimum fish sizes (TL) as follows:
Minimum Fish Sizes (TL)
------------------------------------------------------------------------
Inches
Species -------------------------------
1996 1997+
------------------------------------------------------------------------
Cod..................................... 20 (50.8 cm) 21 (53.3 cm)
Haddock................................. 20 (50.8 cm) 21 (53.3 cm)
Pollock................................. 19 (48.3 cm) 19 (48.3 cm)
Witch flounder (gray sole).............. 14 (35.6 cm) 14 (35.6 cm)
Yellowtail flounder..................... 13 (33.0 cm) 13 (33.0 cm)
American plaice (dab)................... 14 (35.6 cm) 14 (35.6 cm)
Winter flounder (blackback)............. 12 (30.5 cm) 12 (30.5 cm)
Redfish................................. 9 (22.9 cm) 9 (22.9 cm)
------------------------------------------------------------------------
(2) Exception. Vessels may possess fillets less than the minimum
size specified, if the fillets are taken from legal-sized fish and are
not offered or intended for sale, trade or barter.
(c) Possession restrictions. Each person on a recreational vessel
may not possess more than 10 cod and/or haddock, combined, in or
harvested from the EEZ.
(1) For purposes of counting fish, fillets will be converted to
whole fish at the place of landing by dividing fillet number by two. If
fish are filleted into a single (butterfly) fillet, such fillet shall
be deemed to be from one whole fish.
(2) Cod and haddock harvested by recreational vessels with more
than one person aboard may be pooled in one or more containers.
Compliance with the possession limit will be determined by dividing the
number of fish on board by the number of persons aboard. If there is a
violation of the possession limit on board a vessel carrying more than
one person, the violation shall be deemed to have been committed by the
owner and operator.
(3) Cod and haddock must be stored so as to be readily available
for inspection.
(d) Restrictions on sale. It is unlawful to sell, barter, trade, or
otherwise transfer for a commercial purpose, or to attempt to sell,
barter, trade, or otherwise transfer for a commercial purpose, NE
multispecies caught or landed by charter or party vessels permitted
under this part not fishing under a DAS or a recreational fishing
vessels fishing in the EEZ.
Sec. 648.90 Framework specifications.
(a) Annual review. The Multispecies Monitoring Committee (MSMC)
shall meet on or before November 15 of each year to develop target TACs
for the upcoming fishing year and options for NEFMC consideration on
any changes, adjustment or additions to DAS allocations, closed areas,
or other measures necessary to achieve the NE Multispecies FMP goals
and objectives.
(1) The MSMC shall review available data pertaining to: Catch and
landings, DAS and other measures of fishing effort, survey results,
stock status, current estimates of fishing mortality, and any other
relevant information.
(2) Based on this review, the MSMC shall recommend target TACs and
develop options necessary to achieve the FMP goals and objectives,
which may include a preferred option. The MSMC must demonstrate through
analysis and documentation that the options it develops are expected to
meet the NE Multispecies FMP goals and objectives. The MSMC may review
the performance of different user groups or fleet sectors in developing
options. The range of options developed by the MSMC may include any of
the management measures in the NE Multispecies FMP, including, but not
limited to: Annual target TACs, which must be based on the projected
fishing mortality levels required to meet the goals and objectives
outlined in the NE Multispecies FMP for the 10 regulated species; DAS
changes; possession limits; gear restrictions; closed areas; permitting
restrictions; minimum fish sizes; recreational fishing measures; and
any other management measures currently included in the NE Multispecies
FMP.
(3) The NEFMC shall review the recommended target TACs and all of
the options developed by the MSMC and other relevant information,
consider public comment, and develop a recommendation to meet the NE
Multispecies FMP objective that is consistent with other applicable
law. If the NEFMC does not submit a recommendation that meets the NE
Multispecies FMP objectives and is
[[Page 35007]]
consistent with other applicable law, the Regional Director may adopt
any option developed by the MSMC, unless rejected by the NEFMC, as
specified in paragraph (a)(5) of this section, provided that the option
meets the NE Multispecies FMP objective and is consistent with other
applicable law.
(4) Based on this review, the NEFMC shall submit a recommendation
to the Regional Director of any changes, adjustments or additions to
DAS allocations, closed areas or other measures necessary to achieve
the NE Multispecies FMP's goals and objectives. Included in the NEFMC's
recommendation will be supporting documents, as appropriate, concerning
the environmental and economic impacts of the proposed action and the
other options considered by the NEFMC.
(5) If the NEFMC submits, on or before January 7, a recommendation
to the Regional Director after one NEFMC meeting, and the Regional
Director concurs with the recommendation, the Regional Director shall
publish the NEFMC's recommendation in the Federal Register as a
proposed rule. The Federal Register notification of the proposed action
will provide a 30-day public comment period. The NEFMC may instead
submit its recommendation on or before February 1, if it chooses to
follow the framework process outlined in paragraph (b) of this section
and requests that the Regional Director publish the recommendation as a
final rule. If the Regional Director concurs that the NEFMC's
recommendation meets the NE Multispecies FMP objective and is
consistent with other applicable law, and determines that the
recommended management measures should be published as a final rule,
the action will be published as a final rule in the Federal Register.
If the Regional Director concurs that the recommendation meets the FMP
objective and is consistent with other applicable law and determines
that a proposed rule is warranted, and, as a result, the effective date
of a final rule falls after the start of the fishing year on May 1,
fishing may continue. However, DAS used by a vessel on or after May 1
will be counted against any DAS allocation the vessel ultimately
receives for that year.
(6) If the Regional Director concurs in the NEFMC's recommendation,
a final rule shall be published in the Federal Register on or about
April 1 of each year, with the exception noted in paragraph (a)(5) of
this section. If the NEFMC fails to submit a recommendation to the
Regional Director by February 1 that meets the FMP goals and
objectives, the Regional Director may publish as a proposed rule one of
the options reviewed and not rejected by the NEFMC, provided that the
option meets the FMP objective and is consistent with other applicable
law. If, after considering public comment, the Regional Director
decides to approve the option published as a proposed rule, the action
will be published as a final rule in the Federal Register.
(b) Within season management action. The NEFMC may, at any time,
initiate action to add or adjust management measures if it finds that
action is necessary to meet or be consistent with the goals and
objectives of the NE Multispecies FMP.
(1) Adjustment process. After a management action has been
initiated, the NEFMC shall develop and analyze appropriate management
actions over the span of at least two NEFMC meetings. The NEFMC shall
provide the public with advance notice of the availability of both the
proposals and the analysis, and opportunity to comment on them prior to
and at the second NEFMC meeting. The NEFMC's recommendation on
adjustments or additions to management measures must come from one or
more of the following categories: DAS changes, effort monitoring, data
reporting, possession limits, gear restrictions, closed areas,
permitting restrictions, crew limits, minimum fish sizes, onboard
observers, minimum hook size and hook style, the use of crucifiers in
the hook-gear fishery, fleet sector shares, recreational fishing
measures, area closures and other appropriate measures to mitigate
marine mammal entanglements and interactions, and any other management
measures currently included in the FMP.
(2) NEFMC recommendation. After developing management actions and
receiving public testimony, the NEFMC shall make a recommendation to
the Regional Director. The NEFMC's recommendation must include
supporting rationale and, if management measures are recommended, an
analysis of impacts and a recommendation to the Regional Director on
whether to issue the management measures as a final rule. If the NEFMC
recommends that the management measures should be issued as a final
rule, the NEFMC must consider at least the following factors and
provide support and analysis for each factor considered:
(i) Whether the availability of data on which the recommended
management measures are based allows for adequate time to publish a
proposed rule, and whether regulations have to be in place for an
entire harvest/fishing season.
(ii) Whether there has been adequate notice and opportunity for
participation by the public and members of the affected industry in the
development of the NEFMC's recommended management measures.
(iii) Whether there is an immediate need to protect the resource.
(iv) Whether there will be a continuing evaluation of management
measures adopted following their implementation as a final rule.
(3) Regional Director action. If the NEFMC's recommendation
includes adjustments or additions to management measures and, after
reviewing the NEFMC's recommendation and supporting information:
(i) If the Regional Director concurs with the NEFMC's recommended
management measures and determines that the recommended management
measures should be issued as a final rule based on the factors
specified in paragraph (b)(2) of this section, the measures will be
issued as a final rule in the Federal Register.
(ii) If the Regional Director concurs with the NEFMC's
recommendation and determines that the recommended management measures
should be published first as a proposed rule, the measures will be
published as a proposed rule in the Federal Register. After additional
public comment, if the Regional Director concurs with the NEFMC
recommendation, the measures will be issued as a final rule in the
Federal Register.
(iii) If the Regional Director does not concur, the NEFMC will be
notified in writing of the reasons for the non-concurrence.
(c) Emergency action. Nothing in this section is meant to derogate
from the authority of the Secretary to take emergency action under
section 305(e) of the Magnuson Act.
Subpart G--Management Measures for the Summer Flounder Fisheries
Sec. 648.100 Catch quotas and other restrictions.
(a) Annual review. The Summer Flounder Monitoring Committee shall
review the following data on or before August 15 of each year to
determine the allowable levels of fishing and other restrictions
necessary to achieve a fishing mortality rate (F) of 0.41 in 1996, 0.30
in 1997, and 0.23 in 1998 and thereafter, provided the allowable levels
of fishing in 1996 and 1997 may not exceed 18,518,830 lb (8,400 mt),
unless such fishing levels have an associated F of 0.23: Commercial and
recreational catch data; current estimates of fishing mortality; stock
status; recent estimates
[[Page 35008]]
of recruitment; virtual population analysis results; levels of
noncompliance by fishermen or individual states; impact of size/mesh
regulations; sea sampling and winter trawl survey data or, if sea
sampling data are unavailable, length frequency information from the
winter trawl survey and mesh selectivity analyses; impact of gear other
than otter trawls on the mortality of summer flounder; and any other
relevant information.
(b) Recommended measures. Based on this review, the Summer Flounder
Monitoring Committee shall recommend to the Demersal Species Committee
of the MAFMC and the Commission the following measures to assure that
the F specified in paragraph (a) of this section will not be exceeded:
(1) Commercial quota set from a range of 0 to the maximum allowed
to achieve the specified F.
(2) Commercial minimum fish size.
(3) Minimum mesh size.
(4) Recreational possession limit set from a range of 0 to 15
summer flounder to achieve the specified F.
(5) Recreational minimum fish size.
(6) Recreational season.
(7) Restrictions on gear other than otter trawls.
(8) Adjustments to the exempted area boundary and season specified
in Sec. 648.104(b)(1) by 30-minute intervals of latitude and longitude
and 2-week intervals, respectively, based on data specified in
paragraphs (a) (8) and (10) of this section to prevent discarding of
sublegal sized summer flounder in excess of 10 percent, by weight.
(c) Annual fishing measures. The Demersal Species Committee shall
review the recommendations of the Summer Flounder Monitoring Committee.
Based on these recommendations and any public comment, the Demersal
Species Committee shall recommend to the MAFMC measures necessary to
assure that the applicable specified F will not be exceeded. The MAFMC
shall review these recommendations and, based on the recommendations
and any public comment, recommend to the Regional Director measures
necessary to assure that the applicable specified F will not be
exceeded. The MAFMC's recommendations must include supporting
documentation, as appropriate, concerning the environmental and
economic impacts of the recommendations. The Regional Director shall
review these recommendations and any recommendations of the Commission.
After such review, the Regional Director will publish a proposed rule
in the Federal Register by October 15 to implement a coastwide
commercial quota and recreational harvest limit and additional
management measures for the commercial fishery, and will publish a
proposed rule in the Federal Register by February 15 to implement
additional management measures for the recreational fishery, if he/she
determines that such measures are necessary to assure that the
applicable specified F will not be exceeded. After considering public
comment, the Regional Director will publish a final rule in the Federal
Register to implement the measures necessary to assure that the
applicable specified F will not be exceeded.
(d) Distribution of annual quota. (1) The annual commercial quota
will be distributed to the states, based upon the following
percentages:
Annual Commercial Quota Shares
------------------------------------------------------------------------
Share
State (percent)
------------------------------------------------------------------------
Maine........................................................ 0.04756
New Hampshire................................................ 0.00046
Massachusetts................................................ 6.82046
Rhode Island................................................. 15.68298
Connecticut.................................................. 2.25708
New York..................................................... 7.64699
New Jersey................................................... 16.72499
Delaware..................................................... 0.01779
Maryland..................................................... 2.03910
Virginia..................................................... 21.31676
North Carolina............................................... 27.44584
------------------------------------------------------------------------
(2) All summer flounder landed for sale in a state shall be applied
against that state's annual commercial quota, regardless of where the
summer flounder were harvested. Any overages of the commercial quota
landed in any state will be deducted from that state's annual quota for
the following year.
(e) Quota transfers and combinations. Any state implementing a
state commercial quota for summer flounder may request approval from
the Regional Director to transfer part or all of its annual quota to
one or more states. Two or more states implementing a state commercial
quota for summer flounder may request approval from the Regional
Director to combine their quotas, or part of their quotas, into an
overall regional quota. Requests for transfer or combination of
commercial quotas for summer flounder must be made by individual or
joint letter(s) signed by the principal state official with marine
fishery management responsibility and expertise, or his/her previously
named designee, for each state involved. The letter(s) must certify
that all pertinent state requirements have been met and identify the
states involved and the amount of quota to be transferred or combined.
(1) Within 10 working days following the receipt of the letter(s)
from the states involved, the Regional Director shall notify the
appropriate state officials of the disposition of the request. In
evaluating requests to transfer a quota or combine quotas, the Regional
Director shall consider whether:
(i) The transfer or combination would preclude the overall annual
quota from being fully harvested.
(ii) The transfer addresses an unforeseen variation or contingency
in the fishery.
(iii) The transfer is consistent with the objectives of the Summer
Flounder FMP and Magnuson Act.
(2) The transfer of quota or the combination of quotas will be
valid only for the calendar year for which the request was made and
will be effective upon the filing by NMFS of a notice of the approval
of the transfer or combination with the Office of the Federal Register.
(3) A state may not submit a request to transfer quota or combine
quotas if a request to which it is party is pending before the Regional
Director. A state may submit a new request when it receives notice that
the Regional Director has disapproved the previous request or when
notice of the approval of the transfer or combination has been filed at
the Office of the Federal Register.
(4) If there is a quota overage among states involved in the
combination of quotas at the end of the fishing year, the overage will
be deducted from the following year's quota for each of the states
involved in the combined quota. The deduction will be proportional,
based on each state's relative share of the combined quota for the
previous year. A transfer of quota or combination of quotas does not
alter any state's percentage share of the overall quota specified in
paragraph (d) of this section.
Sec. 648.101 Closures.
(a) EEZ closure. The Regional Director shall close the EEZ to
fishing for summer flounder by commercial vessels for the remainder of
the calendar year by publishing notification in the Federal Register if
he/she determines that the inaction of one or more states will cause
the applicable F specified in Sec. 648.100(a) to be exceeded, or if the
commercial fisheries in all states have been closed. The Regional
Director may reopen the EEZ if earlier inaction by a state has been
remedied by that state, or if commercial fisheries in one or more
states have been reopened without
[[Page 35009]]
causing the applicable specified F to be exceeded.
(b) State quotas. The Regional Director will monitor state
commercial quotas based on dealer reports and other available
information and shall determine the date when a state commercial quota
will be harvested. The Regional Director shall publish notification in
the Federal Register advising a state that, effective upon a specific
date, its commercial quota has been harvested and notifying vessel and
dealer permit holders that no commercial quota is available for landing
summer flounder in that state.
Sec. 648.102 Time restrictions.
Vessels that are not eligible for a moratorium permit under
Sec. 648.4(a)(3) and fishermen subject to the possession limit may fish
for summer flounder from January 1 through December 31. This time
period may be adjusted pursuant to the procedures in Sec. 648.100.
Sec. 648.103 Minimum fish sizes.
(a) The minimum size for summer flounder is 13 inches (33 cm) TL
for all vessels issued a moratorium permit under Sec. 648.4(a)(3),
except on board party and charter boats carrying passengers for hire or
carrying more than three crew members, if a charter boat, or more than
five crew members, if a party boat;
(b) The minimum size for summer flounder is 14 inches (35.6 cm) TL
for all vessels that do not qualify for a moratorium permit, or party
and charter boats holding moratorium permits, but fishing with
passengers for hire or carrying more than three crew members, if a
charter boat, or more than five crew members, if a party boat.
(c) The minimum sizes in this section apply to whole fish or to any
part of a fish found in possession, e.g., fillets. These minimum sizes
may be adjusted pursuant to the procedures in Sec. 648.100.
Sec. 648.104 Gear restrictions.
(a) General. (1) Otter trawlers whose owners are issued a summer
flounder permit and that land or possess 100 or more lb (45.4 or more
kg) of summer flounder from May 1 through October 31, or 200 lb or more
(90.8 kg or more) of summer flounder from November 1 through April 30,
per trip, must fish with nets that have a minimum mesh size of 5.5-inch
(14.0-cm) diamond mesh or 6-inch (15.2-cm) square mesh applied
throughout the codend for at least 75 continuous meshes forward of the
terminus of the net, or, for codends with less 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 head rope, excluding
any turtle excluded device extension.
(2) Mesh sizes are measured by a wedge-shaped gauge having a taper
of 2 cm in 8 cm and a thickness of 2.3 mm inserted into the meshes
under a pressure or pull of 5 kg. The mesh size is the average of the
measurement of any series of 20 consecutive meshes for nets having 75
or more meshes, and 10 consecutive meshes for nets having fewer than 75
meshes. The mesh in the regulated portion of the net is measured at
least five meshes away from the lacings, running parallel to the long
axis of the net.
(b) Exemptions. The minimum mesh-size requirements specified in
paragraph (a)(1) of this section do not apply to:
(1) Vessels issued a summer flounder moratorium permit and fishing
from November 1 through April 30 in the ``exemption area,'' which is
east of the line that follows 72 deg.30.0' W. long. until it intersects
the outer boundary of the EEZ. Vessels fishing with a summer flounder
exemption permit shall not fish west of the line. Vessels issued a
permit under Sec. 648.4(a)(3)(iii) may transit the area west or south
of the line, if the vessel's fishing gear is stowed in a manner
prescribed under Sec. 648.100(e), so that it is not ``available for
immediate use'' outside the exempted area. The Regional Director may
terminate this exemption if he/she determines, after a review of sea
sampling data, that vessels fishing under the exemption are discarding
more than 10 percent, by weight, of their entire catch of summer
flounder per trip. If the Regional Director makes such a determination,
he/she shall publish notification in the Federal Register terminating
the exemption for the remainder of the exemption season.
(2) Vessels fishing with a two-seam otter trawl fly net with the
following configuration, provided that no other nets or netting with
mesh smaller than 5.5 inches (14.0 cm) are on board:
(i) The net has large mesh in the wings that measures 8 inches
(20.3 cm) to 64 inches (162.6 cm).
(ii) The first body section (belly) of the net has 35 or more
meshes that are at least 8 inches (20.3 cm).
(iii) The mesh decreases in size throughout the body of the net to
2 inches (5 cm) or smaller towards the terminus of the net.
(3) The Regional Director may terminate this exemption if he/she
determines, after a review of sea sampling data, that vessels fishing
under the exemption, on average, are discarding more than 1 percent of
their entire catch of summer flounder per trip. If the Regional
Director makes such a determination, he/she shall publish a notice in
the Federal Register terminating the exemption for the remainder of the
calendar year.
(c) Net modifications. No vessel subject to this part shall use any
device, gear, or material, including, but not limited to nets, net
strengtheners, ropes, lines, or chafing gear, on the top of the
regulated portion of a trawl net; except that, one splitting strap and
one bull rope (if present) consisting of line or rope no more than 3
inches (7.2 cm) in diameter may be used if such splitting strap and/or
bull rope does not constrict, in any manner, the top of the regulated
portion of the net, and one rope no greater than 0.75 inches (1.9 cm)
in diameter extending the length of the net from the belly to the
terminus of the codend along the top, bottom, and each side of the net.
``Top of the regulated portion of the net'' means the 50 percent of the
entire regulated portion of the net that (in a hypothetical situation)
will not be in contact with the ocean bottom during a tow if the
regulated portion of the net were laid flat on the ocean floor. For the
purpose of this paragraph (c), head ropes shall not be considered part
of the top of the regulated portion of a trawl net. A vessel shall not
use any means or mesh configuration on the top of the regulated portion
of the net, as defined in Sec. 648.104(e), if it obstructs the meshes
of the net or otherwise causes the size of the meshes of the net while
in use to diminish to a size smaller than the minimum specified in
Sec. 648.100(a).
(d) Mesh obstruction or constriction. (1) A fishing vessel may not
use any mesh configuration, mesh construction, or other means on or in
the top of the net, as defined in paragraph (c) of this section, that
obstructs the meshes of the net in any manner.
(2) No person on any vessel may possess or fish with a net capable
of catching summer flounder in which the bars entering or exiting the
knots twist around each other.
(e) Stowage of nets. Otter trawl vessels retaining 100 lb (45.3 kg)
or more of summer flounder from May 1 through October 31, or 200 lb
(90.6 kg) or more of summer flounder from November 1 through April 30,
and subject to the minimum mesh size requirement of paragraph (a)(1) of
this section may not have ``available for immediate use'' any net or
any piece of net that does not meet the minimum mesh size requirement,
or any net, or any piece of net, with mesh that is rigged in a manner
that is inconsistent with the minimum mesh size requirement. A net that
is stowed in conformance with one
[[Page 35010]]
of the methods specified in Sec. 648.23(b) and that can be shown not to
have been in recent use is considered to be not ``available for
immediate use.''
Sec. 648.105 Possession restrictions.
(a) No person shall possess more than eight summer flounder in, or
harvested from, the EEZ unless that person is the owner or operator of
a fishing vessel issued a summer flounder moratorium permit. Persons
aboard a commercial vessel that is not eligible for a summer flounder
moratorium permit are subject to this possession limit. The owner,
operator, and crew of a charter or party boat issued a summer flounder
moratorium permit are not subject to the possession limit when not
carrying passengers for hire and when the crew size does not exceed
five for a party boat and three for a charter boat.
(b) If whole summer flounder are processed into fillets, the number
of fillets will be converted to whole summer flounder at the place of
landing by dividing the fillet number by two. If summer flounder are
filleted into single (butterfly) fillets, each fillet is deemed to be
from one whole summer flounder.
(c) Summer flounder harvested by vessels subject to the possession
limit with more than one person on board may be pooled in one or more
containers. Compliance with the daily possession limit will be
determined by dividing the number of summer flounder on board by the
number of persons on board, other than the captain and the crew. If
there is a violation of the possession limit on board a vessel carrying
more than one person, the violation shall be deemed to have been
committed by the owner and operator.
(d) Owners and operators of otter trawl vessels issued a permit
under Sec. 648.4(a)(3) that fish with or possess nets or pieces of net
on board that do not meet the minimum mesh requirements and that are
not stowed in accordance with Sec. 648.104(f), may not retain 100 lb
(45.3 kg) or more of summer flounder from May 1 through October 31, or
200 lb (90.6 kg) or more of summer flounder from November 1 through
April 30. Summer flounder on board these vessels must be stored so as
to be readily available for inspection in standard 100-lb (45.3-kg)
totes or fish boxes having a liquid capacity of 18.2 gal (70 L), or a
volume of not more than 4,320 in \3\ (2.5 ft \3\ or 70.79 cm \3\).
Sec. 648.106 Sea turtle conservation.
This section will be suspended during the effectiveness of any
temporary regulations issued to regulate incidental take of sea turtles
in the summer flounder under authority of the ESA under parts 217, 222,
and 227 of this title. Such suspensions and temporary regulations will
be issued by publication in the Federal Register and will be effective
for a specified period of time, not to exceed 1 year.
(a) Sea turtle handling and resuscitation. The sea turtle handling
and resuscitation requirements specified in Sec. 227.72(e)(1) (i) and
(ii) of this title apply with respect to sea turtles incidentally taken
by a vessel fishing for summer flounder.
(b) Sea turtle monitoring and assessment program. (1) The Regional
Director will establish a monitoring and assessment program, in
cooperation with the MAFMC and the State of North Carolina, to measure
the incidental take of sea turtles in the summer flounder fishery,
monitor compliance with required conservation measures by trawlers, and
predict interactions between the fishery and sea turtles to prevent
turtle mortalities.
(2) A scientifically designed, observer-based monitoring program in
accordance with Sec. 648.11 may be used to gather scientific data
measuring the incidental take of turtles by trawlers in the summer
flounder fishery and to report turtle distribution and abundance.
(3) A cooperative sea turtle monitoring and assessment program
utilizing a variety of information, including aerial and vessel
surveys; onboard observers; individually tagged turtles; physical
parameters, such as sea surface temperatures, and reports from the sea
turtle stranding network; and other relevant and reliable information,
will assess and predict turtle distribution, abundance, movement
patterns, and timing to provide information to NMFS to prevent turtle
mortality caused by the summer flounder fishery.
(c) Required use of Turtle Excluder Devices (TED). The Regional
Director will require the use of a NMFS-approved TED by any vessels
engaged in summer flounder fishing operations and utilizing trawl gear
on or after October 15 as necessary to protect sea turtles. The
Regional Director will publish notification in the Federal Register
with the specific time period. Descriptions of NMFS-approved TEDs can
be found in Sec. 227.72(e)(4) of this title. This requirement applies
to vessels within the EEZ bounded on the north by a line along
37 deg.05' N. lat., bounded on the south by a line along 33 deg.35' N.
lat., and bounded on the east by a line 7 nm from the shoreward
boundary of the EEZ.
(d) Closure of the fishery. The Regional Director may close the
summer flounder fishery in the EEZ, or any part thereof, after
consultation with the MAFMC, the Director of the State of North
Carolina Division of Marine Fisheries, and the marine fisheries agency
of any other affected state, by publishing notification in the Federal
Register. The Regional Director shall take such action if he/she
determines a closure is necessary to avoid jeopardizing the continued
existence of any species listed under the ESA. The determination of the
impact on sea turtles must be based on turtle mortalities and
projections of turtle mortality by the NMFS monitoring and assessment
program. A closure will be applicable to those areas specified in the
notification and for the period specified in the notification. The
Regional Director will provide as much advance notice as possible,
consistent with the requirements of the ESA, and will have the closure
announced on channel 16 of the marine VHF radio. A closure may prohibit
all fishing operations, may prohibit the use of certain gear, may
require that gear be stowed, or may impose similar types of
restrictions on fishing activities. The prohibitions, restrictions, and
duration of the closure will be specified in the notification.
(e) Reopening of the fishery. (1) The Regional Director may reopen
the summer flounder fishery in the EEZ, or any part thereof, after
consultation with the MAFMC, the Director of the State of North
Carolina Division of Marine Fisheries, and the marine fisheries agency
of any other affected state, by publishing notification in the Federal
Register. The Regional Director may reopen the summer flounder fishery
in the EEZ, or any part thereof, if additional sea turtle conservation
measures are implemented and if projections of NMFS' sea turtle
monitoring program indicate that such measures will ensure that
continued operation of the summer flounder fishery is not likely to
jeopardize the continued existence of any species listed under the ESA.
(2) The Regional Director may reopen the summer flounder fishery in
the EEZ, or any part thereof, if the sea turtle monitoring program
indicates changed conditions and if projections of the sea turtle
monitoring program indicate that NMFS can ensure that continued
operation of the summer flounder fishery is not likely to jeopardize
the continued existence of any species listed under the ESA.
(f) Additional sea turtle conservation measures. (1) The Regional
Director may impose additional sea turtle conservation measures,
including tow-time requirements, in the EEZ, after consultation with
the MAFMC, the
[[Page 35011]]
Director of the State of North Carolina Division of Marine Fisheries,
and the marine fisheries agency of any other affected state, by
publishing notification in the Federal Register. The Regional Director
shall take such action if he/she determines further measures are
necessary to avoid jeopardizing the continued existence of any species
listed under the ESA or if such action would allow reopening of the
summer flounder fishery in the EEZ. The determination of the impact on
sea turtles must be based on turtle mortalities and projections of
turtle mortality by the NMFS monitoring and assessment program.
(2) Consistent with the procedures specified in Sec. 648.10, the
Regional Director may require that all or a certain portion of the
vessels engaged in fishing for summer flounder carry observers,
consistent with the requirements of Sec. 648.10, to gather data on
incidental capture of sea turtles and to monitor compliance with
required conservation measures. This requirement may apply to certain
types of vessels, certain areas, or during certain times of the year.
(g) Experimental projects. Notwithstanding paragraphs (a) through
(f) of this section, the Regional Director may authorize summer
flounder fishing, as a part of experimental projects to measure turtle
capture rates, to monitor turtle abundance, to test alternative gear or
equipment, or for other research purposes. Research must be approved by
the Regional Director, and it must not be likely to jeopardize the
continued existence of any species listed under the ESA. The Regional
Director will impose such conditions as he/she determines necessary to
ensure adequate turtle protection during experimental projects.
Individual authorizations may be issued in writing. Authorizations
applying to multiple vessels will be published in the Federal Register.
Subpart H--Management Measures for the Scup Fishery
Sec. 648.124 Gear restrictions.
(a) General. Otter trawl vessels that land or possess 4,000 lb or
more (1,814.4 kg or more) of scup harvested in or from the EEZ must
fish with nets that have a minimum mesh size of 4 inches (10.2 cm)
applied throughout the codend for at least 75 continuous meshes forward
of the terminus of the net, or, for codends with less 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 center of the head
rope, excluding any turtle excluder device extension.
(b) Mesh-size measurement. Mesh sizes will be measured according to
the procedure described in Sec. 648.104(a)(2).
(c) Net modification and mesh obstruction and constriction. Same as
Sec. 648.104 (c) and (d) except substitute the word ``scup'' for the
words ``summer flounder.''
(d) Stowage of nets. Otter trawl vessels retaining 4,000 pounds or
more (1,814.4 or more kg) of scup harvested in or from the EEZ, and
subject to the minimum mesh requirement specified in paragraph (a) of
this section may not have available for immediate use any net, or any
piece of net, not meeting the minimum mesh size requirement, or mesh
that is rigged in a manner that is inconsistent with the minimum mesh
size. A net that conforms to the specifications specified in
Sec. 648.23(b) and that can be shown not to have been in recent use is
considered to be not ``available for immediate use.''
Sec. 648.125 Minimum fish sizes.
(a) The minimum size for scup is 9 inches (22.9 cm) TL for all
vessels engaged in commercial fishing.
(b) The minimum size for scup is 7 inches (17.8 cm) TL for all
vessels that are engaged in recreational fishing.
(c) The minimum size applies to whole fish or any part of a fish
found in possession, e.g., fillets.
PARTS 625, 650, 651, 652, 655, AND 657--[REMOVED]
4. Parts 625, 650, 651, 652, 655, and 657 are removed.
[FR Doc. 96-16660 Filed 7-1-96; 8:45 am]
BILLING CODE 3510-22-P
Complete official Federal Register PDF
FR Doc. 96-16254 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34930-34964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16254]
[[Page 34929]]
_______________________________________________________________________
Part II
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
_______________________________________________________________________
15 CFR Part 902
50 CFR Parts 622, et al.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Interim
Final Rule
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules
and Regulations
[[Page 34930]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 622, 638, 641, 642, 645, 646, 647, 653, 658, 659, 669,
and 670
[Docket No. 960313071-6169-022; I.D. 050996D]
RIN 0648-AI20
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is consolidating eleven CFR parts into one new CFR part.
The new part contains regulations implementing management measures
contained in the fishery management plans (FMPs) for the following
domestic fisheries in the Caribbean, Gulf of Mexico, and South
Atlantic: Caribbean coral, Caribbean reef fish, Caribbean spiny
lobster, Gulf red drum, Gulf reef fish, Gulf shrimp, Gulf and South
Atlantic coastal migratory pelagics, Gulf and South Atlantic corals,
South Atlantic red drum, South Atlantic snapper-grouper, and South
Atlantic shrimp. This interim final rule reorganizes management
measures into a logical and cohesive order, removes duplicative and
outdated provisions, and makes changes to improve readability and
clarity and to achieve uniformity in regulatory language. This interim
final rule also amends references to Paperwork Reduction Act (PRA)
information-collection requirements to reflect the consolidation;
revises the existing, approved collections of information related to
submissions of permit applications to make them less burdensome; and
makes revisions to existing approved collections of information related
to reporting requirements to improve uniformity of regulatory language.
The intended effect of this interim final rule is to make the
regulations more concise, better organized, more uniform among
fisheries, and thereby easier for the public to use. This action is
part of the President's Regulatory Reinvention Initiative.
DATES: Interim final rule effective July 1, 1996. Written comments on
the interim final rule must be received on or before August 2, 1996.
ADDRESSES: Requests for and comments on the interim final rule must be
sent to the Southeast Regional Office, NMFS, 9721 Executive Center
Drive N., St. Petersburg, FL 33702. Comments regarding burden-hour
estimates or other aspects of the collection-of-information
requirements contained in this rule should be sent to Edward E.
Burgess, Southeast Regional Office, NMFS, 9721 Executive Center Drive
N., St. Petersburg, FL 33702, and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Washington,
DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Perry Allen or Rod Dalton, NMFS, 813-
570-5326.
SUPPLEMENTARY INFORMATION:
Background
In March 1995, President Clinton issued a directive to Federal
agencies regarding their responsibilities under his Regulatory
Reinvention Initiative. This initiative is part of the National
Performance Review and calls for comprehensive regulatory reform. The
President directed all agencies to undertake a review of all their
regulations, with an emphasis on eliminating or modifying those that
are obsolete, duplicative, or otherwise in need of reform. This interim
final rule is intended to carry out the President's directive with
respect to those regulations implementing the following FMPs for
domestic fisheries in the Caribbean, Gulf of Mexico, and South
Atlantic. These FMPs were prepared under the Magnuson Act by the
Caribbean, Gulf of Mexico, and/or South Atlantic Fishery Management
Councils (CFMC, GMFMC, SAFMC, respectively).
----------------------------------------------------------------------------------------------------------------
FMP title Responsible council(s) Geographical area
----------------------------------------------------------------------------------------------------------------
Atlantic Coast Red Drum FMP........... SAFMC Mid-Atlantic and South
Atlantic.
FMP for Coastal Migratory Pelagic GMFMC/SAFMC Gulf,\1\ Mid-Atlantic \1\ \2\
Resources. and South Atlantic.\1\ \3\
FMP for Coral and Coral Reefs of the GMFMC Gulf.
Gulf of Mexico.
FMP for Coral, Coral Reefs, and Live/ SAFMC South Atlantic.
Hard Bottom Habitats of the South
Atlantic Region.
FMP for Corals and Reef Associated CFMC Caribbean.
Plants and Invertebrates of Puerto
Rico and the U.S. Virgin Islands.
FMP for the Red Drum Fishery of the GMFMC Gulf.\1\
Gulf of Mexico.
FMP for the Reef Fish Fishery of CFMC Caribbean.
Puerto Rico and the U.S. Virgin
Islands.
FMP for the Reef Fish Resources of the GMFMC Gulf.\1\
Gulf of Mexico.
FMP for the Shrimp Fishery of the Gulf GMFMC Gulf.\1\
of Mexico.
FMP for the Shrimp Fishery of the SAFMC South Atlantic.
South Atlantic Region.
FMP for the Snapper-Grouper Fishery of SAFMC South Atlantic.\1\ \4\
the South Atlantic Region..
FMP for the Spiny Lobster Fishery of CFMC Caribbean.
Puerto Rico and the U.S. Virgin
Islands.
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.
\2\ Only king and Spanish mackerel are managed under the FMP in the Mid-Atlantic.
\3\ Bluefish are not managed under the FMP in the South Atlantic.
\4\ Bank, rock, and black sea bass and scup are not managed by the FMP north of 35 deg.15.3' N. lat., the
latitude of Cape Hatteras Light, NC.
Consolidation of Regulations Into One CFR Part (50 CFR Part 622)
Currently, regulations implementing the FMPs for Caribbean coral,
Caribbean reef fish, Caribbean spiny lobster, Gulf red drum, Gulf reef
fish, Gulf shrimp, Gulf and South Atlantic coastal migratory pelagics,
Gulf and South Atlantic corals, South Atlantic red drum, South Atlantic
snapper-grouper, and South Atlantic shrimp appear in eleven separate
parts of title 50 of the CFR. NMFS, through this rulemaking, removes
the eleven parts (50 CFR parts 638, 641, 642, 645, 646, 647, 653, 658,
659, 669, and 670) and consolidates the regulations contained therein
into one new part (50 CFR part 622). This
[[Page 34931]]
consolidated regulation provides the public with a single reference
source for the Federal marine fisheries regulations specific to the
Caribbean, Gulf of Mexico, and South Atlantic. The restructuring of the
eleven parts into a single part results in one set of regulations that
is more concise, clearer, and easier to use than the eleven separate
parts. General regulations pertaining to all fisheries, formerly at 50
CFR part 620, have also been restructured and consolidated and now
appear in 50 CFR part 600. Many provisions in these general fisheries
regulations apply to the fisheries in the EEZ in the Caribbean, Gulf of
Mexico, and South Atlantic.
Reorganization and Elimination of Regulations
In new part 622, NMFS has reorganized the consolidated management
measures in a more logical and cohesive order. Because portions of the
existing regulations contain identical or nearly identical provisions,
similar measures have been combined and restructured. Sections relating
to purpose and scope, definitions, relation to other laws, vessel
identification, prohibitions, facilitation of enforcement, penalties,
and specifically authorized activities, in each of the eleven existing
parts have been combined into single, respective sections in part 622.
For example, whereas the existing regulations contain eleven, nearly
identical purpose and scope sections, part 622 contains a single
purpose and scope section that addresses all applicable fisheries. As a
result of this consolidation effort, NMFS removed numerous duplicative
provisions from the regulations.
Throughout part 622, types of management measures and provisions
common to multiple fisheries are grouped together under a single
section heading, e.g., minimum sizes for all fisheries are located in a
single section. Within sections, information or requirements of general
applicability are stated in an introductory paragraph to minimize
duplication; any aspects unique to a particular fishery are addressed
in subsequent paragraphs within the section. Paragraph headings have
been added for ease in identifying measures, and regulatory language
has been revised to improve clarity and consistency. No substantive
changes were made to the regulations by this reorganization, or by the
removal of duplicative provisions.
Changes To Improve Uniformity Among Regulations
In the Southeast Region, many fishermen and dealers participate in
multiple fisheries. Making regulatory requirements among fisheries more
consistent simplifies the overall management regime, enhances the
ability of all parties, including NMFS personnel, to understand and
remember regulations, and improves compliance. As part of this
regulatory consolidation process, NMFS has standardized regulatory
provisions among fisheries where it was possible to do so without
significant change in regulatory impact or adverse impact on effective
management. The changes involved and the rationale and expected impacts
are discussed below. NMFS invites comment on these changes.
Permits and Fees
A person applying for a permit for a fishery in which a fish trap
or sea bass pot will be used is required, under existing regulations,
to indicate the desired color code for identifying buoys that are
attached to traps/pots. The current regulations for the Gulf reef fish
fishery explicitly state that white is not an acceptable color code,
and white has not been accepted as a color code in other trap/pot
fisheries. White is not acceptable because buoys are white. Therefore,
a white color code would be indistinguishable from a buoy that has no
color code and would frustrate enforcement. This rule makes the
explicit statement in the reef fish regulations applicable to all trap/
pot fisheries and merely provides advance notification to the permit
applicant, of the existing policy--there is no additional regulatory
effect.
Existing regulations require that the Director, Southeast Region,
NMFS (Regional Director) be notified within 15 days of any change in
pertinent information provided with a permit application. This rule
extends the time period to 30 days and is, therefore, less restrictive.
The option for a vessel permit for king or Spanish mackerel to be
transferred upon sale of the vessel and for the new owner to fish under
the preceding owner's permit for up to 60 days is deleted in this rule.
This complies with the intent of the Gulf of Mexico and South Atlantic
Fishery Management Councils that only owners who have documented their
permit eligibility be allowed to participate in the fishery. The change
is necessary to achieve consistent transfer provisions among fisheries.
This does not alter the existing requirement that all new owners apply
for a permit.
Recordkeeping and Reporting
Changes have been made to achieve consistency regarding deadlines
for submission of required reports by commercial vessel owners or
operators. This rule requires that all such reports be postmarked not
later than 7 days after the end of each trip. Deadlines for submission
in the current regulations are couched in various terms, such as
``transmitted'' and ``received,'' and, for Gulf reef fish, in terms of
``on a monthly basis (or more frequently, if requested by the Science
and Research Director).'' The Science and Research Director currently
requires submission of required reports by commercial vessel owners and
operators on a trip basis in all fisheries where such reports are
required. Regulations for the snapper-grouper fishery specify a
deadline of postmarked not later than the third day after sale of fish,
and the king and Spanish mackerel regulations contain no submission
deadline. This added deadline clarifies an implied but unspecified
deadline for king and Spanish mackerel, but has no immediate impact on
fishermen because no vessels are currently selected to submit reports
in the king and Spanish mackerel fishery. For snapper-grouper, the new
deadline is expected to be less restrictive on average.
This rule standardizes requirements for submission of required
reports for charter vessel and headboat owners or operators to achieve
consistency with the Gulf reef fish requirements. The reporting
deadline for charter vessels established by this rule is not later than
7 days after the end of the reporting period. Current regulations for
snapper-grouper charter vessels and headboats require submission on a
periodic basis, as specified by the Science and Research Director; for
coastal migratory pelagic charter vessels and headboats, weekly
submission is required but no deadline is specified. The new deadlines
make the requirements consistent among fisheries and provide needed
specificity. The new requirements are generally less burdensome than
existing requirements.
This rule clarifies that the deadline for submission of Gulf reef
fish and snapper-grouper dealer reports is 5 days after the end of the
month, unless modified by the Science and Research Director. Current
regulations are less specific, requiring submission as specified by the
Science and Research Director for Gulf reef fish dealers and at monthly
intervals, or more frequently, if requested, for snapper-grouper
dealers.
[[Page 34932]]
This rule requires submission of negative reports (no fish
received) for snapper-grouper and coastal migratory pelagics dealers,
if selected to report. This is a minimal reporting burden expected to
occur infrequently, but enhances enforceability of reporting
requirements. This requirement has been approved by OMB under OMB
control number 0648-0016.
This rule adds a provision allowing a dealer reporting South
Atlantic snapper-grouper, other than wreckfish, to report via facsimile
(fax). This is a less restrictive alternative provided for the
convenience of dealers.
The requirement to make fish available for inspection by the
Science and Research Director or an authorized officer is applied to
participants in the Caribbean reef fish and Caribbean spiny lobster
fisheries. This standardizes the requirement among all fisheries
regulated by this part and will improve enforceability. Additional
burden associated with this change is minimal since access to fish is
all that is required.
This rule provides a requirement for a charter vessel owner or
operator in the coastal migratory pelagics fishery, who has not been
selected to submit logbooks, to provide verbal responses to seven,
simple questions, if selected for an interview. This standardizes the
requirement among all fisheries regulated by this part that have a
charter vessel sector. This is a less burdensome alternative for
obtaining information on an as-needed basis compared to selecting the
entity to report on a continuing basis under authority in the current
regulations.
This rule authorizes the Science and Research Director to select
for reporting a snapper-grouper vessel that operates in state waters
adjoining the EEZ without a Federal permit. This standardizes the
requirement among fisheries and is necessary to ensure comprehensive
data collection essential for fisheries management. The purpose and
scope section of the existing snapper-grouper regulations states that
recordkeeping and reporting requirements apply in the EEZ and adjoining
state waters. The existing snapper-grouper regulations require the
owner or operator of a permitted vessel, charter vessel, or headboat
operating in adjoining state waters to report, if selected. The change
imposed by this interim final rule applies that same requirement to an
owner or operator of an unpermitted vessel operating in adjoining state
waters. This is necessary to ensure that all sources of fishing effort
and fishing mortality affecting the managed stock are properly
accounted for in the Federal management regime. NMFS is unaware of any
snapper-grouper vessels that operate exclusively in state waters, and,
therefore, are not permitted. Accordingly, this authorization should
have no immediate effect on fishermen and would not impose an
additional reporting burden.
Vessel and Gear Identification
This rule standardizes most vessel and gear identification
requirements among fisheries; provides less restrictive marking
requirements for vessels 25 ft (7.6 m) or less in length in all
fisheries; and makes changes in marking requirements to achieve
consistency, e.g., simply requires numbers and color codes on buoys to
be easily distinguished, located, and identified, versus the current
differing requirements regarding size of such markings in various
fisheries. These changes: (1) Enhance consistency; (2) address prior
complaints from small vessel owners regarding difficulty of complying
with marking requirements; (3) relieve restrictions; and (4) will not
impair enforcement.
The rule also requires that, in the South Atlantic snapper-grouper
fishery, a valid identification tag issued by the Regional Director be
attached to each sea bass pot on board a vessel with a Federal permit.
Current regulations require this only for pots used or possessed in the
EEZ; the revised language requires pots on board a vessel with a
Federal permit to have the tag attached while in state waters also.
This change makes this aspect of trap marking requirements consistent
in the Gulf and South Atlantic and will enhance enforceability. NMFS is
not aware of any vessels with Federal snapper-grouper permits that fish
exclusively in state waters; therefore, this change is not expected to
impose an additional burden. That is, if such vessels fish in Federal
waters, the pots would have to be tagged while in Federal waters under
current regulations. The change would simply require that tags remain
on the trap while in state waters.
Prohibited Gear and Methods
Use of explosives is prohibited currently for most fisheries
because of the obvious detrimental impacts on nontarget fishery
resources and habitat. To achieve consistency, this rule prohibits the
use of explosives in the Gulf shrimp fishery and makes explicit the
implied prohibition in the current coral regulations. NMFS is unaware
of any use of explosives in these fisheries; therefore, this change is
preventative and results in no additional regulatory burden on current
fishery participants.
Landing Fish Intact
For all fisheries for which fish must be landed intact, this rule
allows such fish to be gilled and scaled, in addition to being
eviscerated as allowed under current regulations. Currently only the
Gulf reef fish regulations allow such fish to be gilled and scaled.
This change would achieve consistency among fisheries, lessen existing
restrictions, and not impair the effectiveness of other management
measures for which the intact requirement was established.
Limitations on Fish Traps, Sea Bass Pots, and Spiny Lobster Traps
Current regulations require that, in the Caribbean reef fish
fishery, a trap owner's written authorization for another person to
pull or tend his traps must specify the time period for such
authorization. To achieve consistency, provide for effective management
and enforcement, and protect the owner's interests, this rule adds the
same requirement to the Caribbean spiny lobster fishery.
Specifically Authorized Activities
Current regulations for all fisheries being consolidated by this
rule provide for the appropriate authority to authorize, for the
acquisition of information and data, activities that are otherwise
prohibited. In addition, under the Gulf and South Atlantic coral
regulations, the Regional Director may issue a permit for an individual
to take or possess prohibited coral when such prohibited coral will be
used for a scientific, educational, or restoration purpose. New
regulations at 50 CFR 600.745, entitled ``Scientific research activity,
exempted fishing, and exempted educational activity,'' cover activities
that are otherwise prohibited and the take of prohibited coral for a
scientific, educational, or restoration purpose. Accordingly, 50 CFR
600.745 is referred to in the consolidated regulations in lieu of
including these provisions.
Delegation of Authority
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere has delegated to
the Assistant Administrator for Fisheries, NOAA (AA), the authority to
sign material for publication in the Federal Register.
[[Page 34933]]
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
Paperwork Reduction Act
This rule contains collection-of-information requirements subject
to the PRA.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirement of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
Approved Collection-of-Information Requirements
The following collection-of-information requirements have already
been approved by OMB under the following control numbers:
a. 0648-0013--Dealer reports estimated at 0.085 hours per response.
Dealer recordkeeping estimated at 0.667 hours per response. Trip
interviews estimated at 0.167 hours per response.
b. 0648-0016--Vessel reports: (1) Commercial vessel logbook reports
estimated at 0.18 hours per response, (2) charter vessel logbook
reports estimated at 0.20 hours per response, and (3) headboat logbook
reports estimated at 0.20 hours per response. Coral reports: (1)
Reports for individuals permitted to harvest prohibited coral,
allowable octocoral, or live rock or deposit live rock estimated at
0.25 hours per response, and (2) advance notification of aquacultured
live rock harvest estimated at 0.033 hours per response. Negative
reports for fishermen and dealers are estimated at 0.033 and 0.050
hours per response, respectively.
c. 0648-0205--Vessel permits estimated at 0.33 hours per response.
Dealer permits estimated at 0.83 hours per response. Coral permits
estimated at 0.25 hours per response.
d. 0648-0262--Wreckfish share transfers estimated at 0.25 hours per
response.
e. 0648-0305--Gear identification requirements estimated at 0.33
hours per response.
f. 0648-0306--Vessel identification requirements estimated at 0.75
hours per response.
The estimated response times include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collections of information.
Revision of Approved Collection-of-Information Requirements
This rule revises existing collection-of-information requirements
regarding submissions of applications for coral permits, vessel
permits, and dealer permits. The collections of information associated
with such applications are currently approved under OMB Control No.
0648-0205. In accordance with the President's Reporting Frequency
Reduction Project, this rule reduces the frequency with which an
applicant must apply for renewal of a coral, vessel, or dealer permit.
Specifically, an applicant must apply only every other year in lieu of
annually. A permit will continue to be issued for a 1-year period but
will be automatically renewed for a second year, provided a vessel
owner/operator or dealer has met the specific requirements for the
permit, all required reports have been submitted, and the permit is not
subject to sanction or denial. An applicant will be given a timely
opportunity to correct any deficiency before a permit expires. This
revision relieves a restriction regarding the frequency of responses
required. The public reporting burdens for the approved collections, in
terms of estimated time required per response, are unchanged by this
revision. Send comments regarding burden estimates, or any other aspect
of the data requirements, including suggestions for reducing the
burden, to NMFS and OMB (see ADDRESSES).
The changes necessary to achieve more uniform reporting
requirements, discussed above under ``Recordkeeping and reporting'',
have been approved by OMB under the approved collections of information
listed above.
Section 3507(c)(B)(i) of the PRA requires that agencies inventory
and display a current control number assigned by the Director, OMB, for
each agency information collection. Section 902.1(b) identifies the
location of NOAA regulations for which OMB approval numbers have been
issued. Because this interim final rule codifies many recordkeeping and
reporting requirements, 15 CFR 902.1(b) is revised to reference
correctly the new sections resulting from the consolidation.
Administrative Procedure Act
This interim final rule consolidates 11 sets of regulations for the
fisheries of the Caribbean, Gulf of Mexico, and South Atlantic into one
comprehensive rule; reorganizes management measures in logical order;
eliminates language that was duplicated among the various existing
rules; and makes minor changes in certain regulatory provisions to
provide a regulatory regime that is more consistent among all fisheries
and less complex. While some of these minor changes may be of the type
for which 5 U.S.C. 553 requires notice and opportunity for comment, to
do so in this instance would be impractical and contrary to the public
interest. The consolidation for the fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic is just one component of a comprehensive
consolidation and restructuring of all of NMFS' fisheries regulations.
That consolidation will be effective on July 1, 1996, and the
Caribbean, Gulf of Mexico, and South Atlantic consolidation must be
effective on that date as well or regulatory gaps and public confusion
will result. The majority of changes in the Caribbean, Gulf of Mexico,
and South Atlantic consolidation, including most of those that change
existing rights or obligations, have neutral or less restrictive
regulatory effects. Those few changes that result in greater
restrictions or obligations are not likely to have any immediate effect
for the reasons stated in the preamble. None of the changes are
expected to increase regulatory burden significantly. Accordingly, the
AA, under 5 U.S.C. 553(b)(3)(B), for good cause finds that providing
advance notice and opportunity for public comment is impractical and
contrary to the public interest. Public comment is invited for 30 days.
If any significant, unforeseen regulatory effects are identified during
public comment, appropriate changes will be made in the final rule. For
the same reasons, the AA, under 5 U.S.C. 553(d)(3), for good cause
waives the requirement to delay for 30 days the effectiveness of this
rule.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
50 CFR Parts 638, 641, 642, 645, 646, 653, and 658
Fisheries, Fishing, Reporting and recordkeeping requirements.
50 CFR Parts 647 and 659
Fisheries, Fishing.
50 CFR Parts 669 and 670
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
[[Page 34934]]
Dated: June 20, 1996.
Henry R. Beasley,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 15 CFR chapter IX and 50
CFR chapter VI are amended as follows:
15 CFR CHAPTER IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b) table, in the entries for 50 CFR in
the left column, in numerical order, the entries ``638.4'', ``638.5'',
``638.6'', ``638.27'', ``641.5'', ``641.6'', ``641.10'', ``642.4'',
``642.5'', ``642.6'', ``645.4'', ``645.6'', ``646.4'', ``646.5'',
``646.6'', ``646.10'', ``653.5'', ``658.5'', ``658.6'', ``669.6'',
``670.6'', and ``670.23'' and their corresponding OMB control numbers
in the right column are removed, and new entries ``622.4'', ``622.5'',
``622.6'', 622.15'', ``622.41(a)'', and ``622.45(a)'' and their
corresponding OMB control numbers are added in numerical order to read
as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB control number
CFR part or section where the information (all numbers begin with 0648-
collection requirement is located )
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
622.4..................................... -0205.
622.5..................................... -0013, and -0016.
622.6..................................... -0305, and -0306.
622.15.................................... -0262.
622.41(a)................................. -0016 and -0305.
622.45(a)................................. -0013.
* * * * *
------------------------------------------------------------------------
50 CFR CHAPTER VI
3. Part 622 is added to read as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
Subpart A--General Provisions
Sec.
622.1 Purpose and scope.
622.2 Definitions and acronyms.
622.3 Relation to other laws and regulations.
622.4 Permits and fees.
622.5 Recordkeeping and reporting.
622.6 Vessel and gear identification.
622.7 Prohibitions.
Subpart B--Effort Limitations
622.15 Wreckfish individual transferable quota (ITQ) system.
622.16 Red snapper individual transferable quota (ITQ) system.
Subpart C--Management Measures
622.30 Fishing years.
622.31 Prohibited gear and methods.
622.32 Prohibited and limited-harvest species.
622.33 Caribbean EEZ seasonal and/or area closures.
622.34 Gulf EEZ seasonal and/or area closures.
622.35 South Atlantic EEZ seasonal and/or area closures.
622.36 Seasonal harvest limitations.
622.37 Minimum sizes.
622.38 Landing fish intact.
622.39 Bag and possession limits.
622.40 Limitations on traps and pots.
622.41 Species specific limitations.
622.42 Quotas.
622.43 Closures.
622.44 Commercial trip limits.
622.45 Restrictions on sale/purchase.
622.46 Prevention of gear conflicts.
622.47 Gulf groundfish trawl fishery.
622.48 Adjustment of management measures.
Appendix A to Part 622--Species Tables
Appendix B to Part 622--Gulf Areas
Appendix C to Part 622--Fish Length Measurements
Authority: 16 U.S.C. 1801 et seq.
Subpart A--General Provisions
Sec. 622.1 Purpose and scope.
(a) The purpose of this part is to implement the FMPs prepared
under the Magnuson Act by the CFMC, GMFMC, and/or SAFMC listed in Table
1 of this section.
(b) This part governs conservation and management of species
included in the FMPs in or from the Caribbean, Gulf, Mid-Atlantic, or
South Atlantic EEZ, as indicated in Table 1 of this section. For the
FMPs noted in the following table, conservation and management extends
to adjoining state waters for the purposes of data collection and
monitoring:
Table 1.--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
Responsible fishery management
FMP title council(s) Geographical area
----------------------------------------------------------------------------------------------------------------
Atlantic Coast Red Drum FMP........... SAFMC Mid-Atlantic and South
Atlantic.
FMP for Coastal Migratory Pelagic GMFMC/SAFMC Gulf,\1\ Mid-Atlantic 1,2 and
Resources. South Atlantic.1, 3
FMP for Coral and Coral Reefs of the GMFMC Gulf.
Gulf of Mexico.
FMP for Coral, Coral Reefs, and Live/ SAFMC South Atlantic.
Hard Bottom Habitats of the South
Atlantic Region.
FMP for Corals and Reef Associated CFMC Caribbean.
Plants and Invertebrates of Puerto
Rico and the U.S. Virgin Islands.
FMP for the Red Drum Fishery of the GMFMC Gulf.1
Gulf of Mexico.
FMP for the Reef Fish Fishery of CFMC Caribbean.
Puerto Rico and the U.S. Virgin
Islands.
FMP for the Reef Fish Resources of the GMFMC Gulf.1
Gulf of Mexico.
FMP for the Shrimp Fishery of the Gulf GMFMC Gulf.1
of Mexico.
FMP for the Shrimp Fishery of the SAFMC South Atlantic.
South Atlantic Region.
FMP for the Snapper-Grouper Fishery of SAFMC South Atlantic.1, 4
the South Atlantic Region.
FMP for the Spiny Lobster Fishery of CFMC Caribbean.
Puerto Rico and the U.S. Virgin
Islands.
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.
\2\ Only king and Spanish mackerel are managed under the FMP in the Mid-Atlantic.
\3\ Bluefish are not managed under the FMP in the South Atlantic.
\4\ Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35
deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC.
[[Page 34935]]
Sec. 622.2 Definitions and acronyms.
In addition to the definitions in the Magnuson Act and in
Sec. 600.10 of this chapter, and the acronyms in Sec. 600.15 of this
chapter, the terms and acronyms used in this part have the following
meanings:
Allowable chemical means a substance, generally used to immobilize
marine life so that it can be captured alive, that, when introduced
into the water, does not take Gulf and South Atlantic prohibited coral
and is allowed by Florida for the harvest of tropical fish (e.g.,
quinaldine, quinaldine compounds, or similar substances).
Allowable octocoral means an erect, nonencrusting species of the
subclass Octocorallia, except the seafans Gorgonia flabellum and G.
ventalina, plus the attached substrate within 1 inch (2.54 cm) of an
allowable octocoral.
Note: An erect, nonencrusting species of the subclass
Octocorallia, except the seafans Gorgonia flabellum and G.
ventalina, with attached substrate exceeding 1 inch (2.54 cm) is
considered to be live rock and not allowable octocoral.
Aquacultured live rock means live rock that is harvested under a
Federal aquacultured live rock permit, as required under
Sec. 622.4(a)(3)(iii).
Authorized statistical reporting agent means:
(1) Any person so designated by the SRD; or
(2) Any person so designated by the head of any Federal or State
agency that has entered into an agreement with the Assistant
Administrator to collect fishery data.
Buoy gear means fishing gear consisting of a float and one or more
weighted lines suspended therefrom, generally long enough to reach the
bottom. A hook or hooks (usually 6 to 10) are on the lines at or near
the end. The float and line(s) drift freely and are retrieved
periodically to remove catch and rebait hooks.
Carapace length means the straight-line distance from the orbital
notch inside the orbital spine, in a line parallel to the lateral
rostral sulcus, to the posterior margin of the cephalothorax. (See
Figure 1 in Appendix C of this part.)
Caribbean means the Caribbean Sea around Puerto Rico and the U.S.
Virgin Islands.
Caribbean coral reef resource means one or more of the species, or
a part thereof, listed in Table 1 in Appendix A of this part, whether
living or dead.
Caribbean prohibited coral means, in the Caribbean; a gorgonian,
that is, a Caribbean coral reef resource of the Class Anthozoa,
Subclass Octocorallia, Order Gorgonacea; a live rock; or a stony coral,
that is, a Caribbean coral reef resource of the Class Hydrozoa (fire
corals and hydrocorals) or of the Class Anthozoa, Subclass
Hexacorallia, Orders Scleractinia (stony corals) and Antipatharia
(black corals); or a part thereof.
Caribbean reef fish means one or more of the species, or a part
thereof, listed in Table 2 in Appendix A of this part.
Caribbean spiny lobster means the species Panulirus argus, or a
part thereof.
CFMC means the Caribbean Fishery Management Council.
Charter vessel means a vessel less than 100 gross tons (90.8 mt)
that meets the requirements of the USCG to carry six or fewer
passengers for hire and that carries a passenger for hire at any time
during the calendar year. A charter vessel with a commercial permit, as
required under Sec. 622.4(a)(2), is considered to be operating as a
charter vessel when it carries a passenger who pays a fee or when there
are more than three persons aboard, including operator and crew.
Coastal migratory pelagic fish means one or more of the following
species, or a part thereof:
(1) Bluefish, Pomatomus saltatrix (Gulf of Mexico only).
(2) Cero, Scomberomorus regalis.
(3) Cobia, Rachycentron canadum.
(4) Dolphin, Coryphaena hippurus
(5) King mackerel, Scomberomorus cavalla.
(6) Little tunny, Euthynnus alletteratus.
(7) Spanish mackerel, Scomberomorus maculatus.
Coral area means marine habitat in the Gulf or South Atlantic EEZ
where coral growth abounds, including patch reefs, outer bank reefs,
deep water banks, and hard bottoms.
Drift gillnet, for the purposes of this part, means a gillnet,
other than a run-around gillnet, that is unattached to the ocean
bottom, whether or not attached to a vessel.
Fish trap means--
(1) In the Caribbean EEZ, a trap and its component parts (including
the lines and buoys), regardless of the construction material, used for
or capable of taking finfish.
(2) In the Gulf EEZ, a trap and its component parts (including the
lines and buoys), regardless of the construction material, used for or
capable of taking finfish, except a trap historically used in the
directed fishery for crustaceans (that is, blue crab, stone crab, and
spiny lobster).
(3) In the South Atlantic EEZ, a trap and its component parts
(including the lines and buoys), regardless of the construction
material, used for or capable of taking fish, except a sea bass pot or
a crustacean trap (that is, a type of trap historically used in the
directed fishery for blue crab, stone crab, or spiny lobster and that
contains at any time not more than 25 percent, by number, of fish other
than blue crab, stone crab, and spiny lobster).
Fork length means the straight-line distance from the tip of the
head (snout) to the rear center edge of the tail (caudal fin). (See
Figure 2 in Appendix C of this part.)
GMFMC means the Gulf of Mexico Fishery Management Council.
Gulf means the Gulf of Mexico. The line of demarcation between the
Atlantic Ocean and the Gulf of Mexico is specified in Sec. 600.105(c)
of this chapter.
Gulf reef fish means one or more of the species, or a part thereof,
listed in Table 3 in Appendix A of this part.
Gulf and South Atlantic prohibited coral means, in the Gulf and
South Atlantic, one or more of the following, or a part thereof:
(1) Coral belonging to the Class Hydrozoa (fire corals and
hydrocorals).
(2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia,
Orders Scleractinia (stony corals) and Antipatharia (black corals).
(3) A seafan, Gorgonia flabellum or G. ventalina.
(4) Coral in a coral reef, except for allowable octocoral.
(5) Coral in an HAPC, including allowable octocoral.
HAPC means habitat area of particular concern.
Headboat means a vessel that holds a valid Certificate of
Inspection issued by the USCG to carry passengers for hire. A headboat
with a commercial vessel permit, as required under Sec. 622.4(a)(2), is
considered to be operating as a headboat when it carries a passenger
who pays a fee or--
(1) In the case of persons aboard fishing for or possessing South
Atlantic snapper-grouper, when there are more persons aboard than the
number of crew specified in the vessel's Certificate of Inspection; or
(2) In the case of persons aboard fishing for or possessing coastal
migratory pelagic fish or Gulf reef fish, when there are more than
three persons aboard, including operator and crew.
Live rock means living marine organisms, or an assemblage thereof,
attached to a hard substrate, including dead coral or rock (excluding
individual mollusk shells).
MAFMC means the Mid-Atlantic Fishery Management Council.
[[Page 34936]]
Mid-Atlantic means the Atlantic Ocean off the Atlantic coastal
states from the boundary between the New England Fishery Management
Council and the MAFMC, as specified in Sec. 600.105(a) of this chapter,
to the boundary between the MAFMC and the SAFMC, as specified in
Sec. 600.105(b) of this chapter.
Migratory group, for king and Spanish mackerel, means a group of
fish that may or may not be a separate genetic stock, but that is
treated as a separate stock for management purposes. King and Spanish
mackerel are divided into migratory groups--the Atlantic migratory
group and the Gulf migratory group. The boundaries between these groups
are as follows:
(1) King mackerel--(i) Summer separation. From April 1 through
October 31, the boundary separating the Gulf and Atlantic migratory
groups of king mackerel is 25 deg.48' N. lat., which is a line directly
west from the Monroe/Collier County, FL, boundary to the outer limit of
the EEZ.
(ii) Winter separation. From November 1 through March 31, the
boundary separating the Gulf and Atlantic migratory groups of king
mackerel is 29 deg.25' N. lat., which is a line directly east from the
Volusia/Flagler County, FL boundary to the outer limit of the EEZ.
(2) Spanish mackerel. The boundary separating the Gulf and Atlantic
migratory groups of Spanish mackerel is 25 deg.20.4' N. lat., which is
a line directly east from the Dade/Monroe County, FL, boundary to the
outer limit of the EEZ.
Off Florida means the waters in the Gulf and South Atlantic from
30 deg.42'45.6'' N. lat., which is a line directly east from the
seaward terminus of the Georgia/Florida boundary, to 87 deg.31'06'' W.
long., which is a line directly south from the Alabama/Florida
boundary.
Off Georgia means the waters in the South Atlantic from a line
extending in a direction of 104 deg. from true north from the seaward
terminus of the South Carolina/Georgia boundary to 30 deg.42'45.6'' N.
lat., which is a line directly east from the seaward terminus of the
Georgia/Florida boundary.
Off Louisiana, Mississippi, and Alabama means the waters in the
Gulf other than off Florida and off Texas.
Off North Carolina means the waters in the South Atlantic from
36 deg.34'55'' N. lat., which is a line directly east from the
Virginia/North Carolina boundary, to a line extending in a direction of
135 deg.34'55'' from true north from the North Carolina/South Carolina
boundary, as marked by the border station on Bird Island at 33 deg.
51'07.9'' N. lat., 78 deg.32'32.6'' W. long.
Off South Carolina means the waters in the South Atlantic from a
line extending in a direction of 135 deg.34'55'' from true north from
the North Carolina/South Carolina boundary, as marked by the border
station on Bird Island at 33 deg.51'07.9'' N. lat., 78'32'32.6'' W.
long., to a line extending in a direction of 104 deg. from true north
from the seaward terminus of the South Carolina/Georgia boundary.
Off Texas means the waters in the Gulf west of a rhumb line from
29 deg.32.1' N. lat., 93 deg.47.7' W. long. to 26 deg.11.4' N. lat.,
92 deg.53' W. long., which line is an extension of the boundary between
Louisiana and Texas.
Powerhead means any device with an explosive charge, usually
attached to a speargun, spear, pole, or stick, that fires a projectile
upon contact.
Processor means a person who processes fish or fish products, or
parts thereof, for commercial use or consumption.
Purchase means the act or activity of buying, trading, or
bartering, or attempting to buy, trade, or barter.
Red drum, also called redfish, means Sciaenops ocellatus, or a part
thereof.
Red snapper means Lutjanus campechanus, or a part thereof, one of
the Gulf reef fish species.
Regional Director (RD), for the purposes of this part, means the
Director, Southeast Region, NMFS (see Table 1 of Sec. 600.502 of this
chapter).
Run-around gillnet means a gillnet with a float line 1,000 yd (914
m) or less in length that, when used, encloses an area of water.
SAFMC means the South Atlantic Fishery Management Council.
Sale or sell means the act or activity of transferring property for
money or credit, trading, or bartering, or attempting to so transfer,
trade, or barter.
Science and Research Director (SRD), for the purposes of this part,
means the Science and Research Director, Southeast Fisheries Science
Center, NMFS (see Table 1 of Sec. 600.502 of this chapter).
Sea bass pot means a trap has six rectangular sides and does not
exceed 25 inches (63.5 cm) in height, width, or depth.
Shrimp means one or more of the following species, or a part
thereof:
(1) Brown shrimp, Penaeus aztecus.
(2) Pink shrimp, Penaeus duorarum.
(3) Rock shrimp, Sicyonia brevirostris.
(4) Royal red shrimp, Pleoticus robustus.
(5) Seabob shrimp, Xiphopenaeus kroyeri.
(6) White shrimp, Penaeus setiferus.
SMZ means special management zone.
South Atlantic means the Atlantic Ocean off the Atlantic coastal
states from the boundary between the MAFMC and the SAFMC, as specified
in Sec. 600.105(b) of this chapter, to the line of demarcation between
the Atlantic Ocean and the Gulf of Mexico, as specified in
Sec. 600.105(c) of this chapter.
South Atlantic snapper-grouper means one or more of the species, or
a part thereof, listed in Table 4 in Appendix A of this part.
Total length (TL), for the purposes of this part, means the
straight-line distance from the tip of the snout to the tip of the tail
(caudal fin), excluding any caudal filament, while the fish is lying on
its side. The mouth of the fish may be closed and/or the tail may be
squeezed together to give the greatest overall measurement. (See Figure
2 in Appendix C of this part.)
Toxic chemical means any substance, other than an allowable
chemical, that, when introduced into the water, can stun, immobilize,
or take marine life.
Trip means a fishing trip, regardless of number of days duration,
that begins with departure from a dock, berth, beach, seawall, or ramp
and that terminates with return to a dock, berth, beach, seawall, or
ramp.
Wild live rock means live rock other than aquacultured live rock.
Wreckfish means the species Polyprion americanus, or a part
thereof, one of the South Atlantic snapper-grouper species.
Sec. 622.3 Relation to other laws and regulations.
(a) The relation of this part to other laws is set forth in
Sec. 600.705 of this chapter and paragraphs (b) and (c) of this
section.
(b) Except for regulations on allowable octocoral, Gulf and South
Atlantic prohibited coral, and live rock, this part is intended to
apply within the EEZ portions of applicable National Marine Sanctuaries
and National Parks, unless the regulations governing such Sanctuaries
or Parks prohibit their application. Regulations on allowable
octocoral, Gulf and South Atlantic prohibited coral, and live rock do
not apply within the EEZ portions of the following National Marine
Sanctuaries and National Parks:
(1) Everglades National Park (36 CFR 7.45).
(2) Looe Key National Marine Sanctuary (15 CFR part 937).
(3) Fort Jefferson National Monument (36 CFR 7.27).
(4) Key Largo Coral Reef National Marine Sanctuary (15 CFR part
929).
[[Page 34937]]
(5) Biscayne National Park (16 U.S.C. 410gg).
(6) Gray's Reef National Marine Sanctuary (15 CFR Part 938).
(7) Monitor Marine Sanctuary (15 CFR part 924).
(c) For allowable octocoral, if a state has a catch, landing, or
gear regulation that is more restrictive than a catch, landing, or gear
regulation in this part, a person landing in such state allowable
octocoral taken from the Gulf or South Atlantic EEZ must comply with
the more restrictive state regulation.
(d) General provisions on facilitation of enforcement, penalties,
and enforcement policy applicable to all domestic fisheries are set
forth in Secs. 600.730, 600.735, and 600.740 of this chapter,
respectively.
(e) An activity that is otherwise prohibited by this part may be
conducted if authorized as scientific research activity, exempted
fishing, or exempted educational activity, as specified in Sec. 600.745
of this chapter.
Sec. 622.4 Permits and fees.
(a) Permits required. To conduct activities in fisheries governed
in this part, valid Federal permits are required as follows:
(1) Charter vessel/headboat permits. For a person aboard a vessel
that is operating as a charter vessel or headboat to fish for or
possess coastal migratory pelagic fish, Gulf reef fish, or South
Atlantic snapper-grouper in or from the EEZ, a charter vessel/headboat
permit for coastal migratory pelagic fish, Gulf reef fish, or South
Atlantic snapper-grouper, respectively, must have been issued to the
vessel and must be on board. A charter vessel or headboat may have both
a charter vessel/headboat permit and a commercial vessel permit.
However, when a vessel is operating as a charter vessel or headboat, a
person aboard must adhere to the bag limits.
(2) Commercial vessel permits and endorsements--(i) Fish traps in
the Gulf. For a person to possess or use a fish trap in the EEZ in the
Gulf of Mexico, a commercial vessel permit for Gulf reef fish with a
fish trap endorsement must have been issued to the vessel and must be
on board. See paragraph (n) of this section regarding a moratorium on
fish trap endorsements.
(ii) Gillnets for king mackerel in the Florida west coast subzone.
For a person aboard a vessel to use a run-around gillnet for king
mackerel in the Florida west coast subzone (see
Sec. 622.42(c)(1)(i)(A)(3)), a commercial vessel permit for king and
Spanish mackerel with a gillnet endorsement must have been issued to
the vessel and must be on board. See paragraph (o) of this section for
restrictions on addition or deletion of a gillnet endorsement.
(iii) [Reserved]
(iv) King and Spanish mackerel. For a person aboard a vessel to be
eligible for exemption from the bag limits and to fish under a quota
for king or Spanish mackerel in or from the Gulf, Mid-Atlantic, or
South Atlantic EEZ, a commercial vessel permit for king and Spanish
mackerel must have been issued to the vessel and must be on board. To
obtain or renew a commercial vessel permit for king and Spanish
mackerel, at least 10 percent of the applicant's earned income must
have been derived from commercial fishing, that is, sale of fish
harvested from the applicant's vessels, during one of the 3 calendar
years preceding the application.
(v) Gulf reef fish. For a person aboard a vessel to be eligible for
exemption from the bag limits, to fish under a quota, or to sell Gulf
reef fish in or from the Gulf EEZ, a commercial vessel permit for Gulf
reef fish must have been issued to the vessel and must be on board. To
obtain or renew a commercial vessel permit for Gulf reef fish, more
than 50 percent of the applicant's earned income must have been derived
from commercial fishing, that is, sale of fish harvested from the
applicant's vessels, or from charter or headboat operations during
either of the 2 calendar years preceding the application. See paragraph
(m) of this section regarding a moratorium on commercial vessel permits
for Gulf reef fish and paragraph (m)(3) of this section for a limited
exception to the earned income requirement for a permit.
(vi) South Atlantic snapper-grouper. For a person aboard a vessel
to be eligible for exemption from the bag limits for South Atlantic
snapper-grouper in or from the South Atlantic EEZ, to engage in the
directed fishery for tilefish in the South Atlantic EEZ, to use a
longline to fish for South Atlantic snapper-grouper in the South
Atlantic EEZ, or to use a sea bass pot in the South Atlantic EEZ north
of 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL), a commercial vessel permit for South
Atlantic snapper-grouper must have been issued to the vessel and must
be on board. A vessel with longline gear and more than 200 lb (90.7
kilograms) of tilefish aboard is considered to be in the directed
fishery for tilefish. It is a rebuttable presumption that a fishing
vessel with more than 200 lb of tilefish aboard harvested such tilefish
in the EEZ. To obtain or renew a commercial vessel permit for South
Atlantic snapper-grouper, more than 50 percent of the applicant's
earned income must have been derived from commercial fishing, that is,
sale of fish harvested from the applicant's vessels, or from charter or
headboat operations; or gross sales of fish harvested from the owner's,
operator's, corporation's, or partnership's vessels must have been
greater than $20,000, during one of the 3 calendar years preceding the
application.
(vii) Wreckfish. For a person aboard a vessel to fish for wreckfish
in the South Atlantic EEZ, possess wreckfish in or from the South
Atlantic EEZ, offload wreckfish from the South Atlantic EEZ, or sell
wreckfish in or from the South Atlantic EEZ, a commercial vessel permit
for wreckfish must have been issued to the vessel and must be on board.
To obtain a commercial vessel permit for wreckfish, the applicant must
be a wreckfish shareholder; and either the shareholder must be the
vessel owner or the owner or operator must be an employee, contractor,
or agent of the shareholder. (See Sec. 622.15 for information on
wreckfish shareholders.)
(3) Coral permits--(i) Allowable chemical. For an individual to
take or possess fish or other marine organisms with an allowable
chemical in a coral area, other than fish or other marine organisms
that are landed in Florida, a Federal allowable chemical permit must
have been issued to the individual. Such permit must be available when
the permitted activity is being conducted and when such fish or other
marine organisms are possessed, through landing ashore.
(ii) Allowable octocoral. For an individual to take or possess
allowable octocoral in the Gulf or South Atlantic EEZ, other than
allowable octocoral that is landed in Florida, a Federal allowable
octocoral permit must have been issued to the individual. Such permit
must be available for inspection when the permitted activity is being
conducted and when allowable octocoral is possessed, through landing
ashore.
(iii) Aquacultured live rock. For a person to take or possess
aquacultured live rock in the Gulf or South Atlantic EEZ, a Federal
aquacultured live rock permit must have been issued for the specific
harvest site. Such permit, or a copy, must be on board a vessel
depositing or possessing material on an aquacultured live rock site or
harvesting or possessing live rock from an aquacultured live rock site.
(iv) Prohibited coral. A Federal permit may be issued to take or
possess Gulf and South Atlantic prohibited coral or Caribbean
prohibited coral only as scientific research activity, exempted
fishing, or exempted educational
[[Page 34938]]
activity. See Sec. 600.745 of this chapter for the procedures and
limitations for such activities and fishing.
(v) Florida permits. Appropriate Florida permits and endorsements
are required for the following activities, without regard to whether
they involve activities in the EEZ or Florida's waters:
(A) Landing in Florida fish or other marine organisms taken with an
allowable chemical in a coral area.
(B) Landing allowable octocoral in Florida.
(C) Landing live rock in Florida.
(vi) Wild live rock permits. A Federal permit is required for a
vessel to take or possess wild live rock in or from the Gulf EEZ. To be
eligible for a wild live rock vessel permit, the current owner of the
vessel for which the permit is requested must have had the required
Florida permit and endorsements for live rock on or before February 3,
1994, and a record of landings of live rock on or before February 3,
1994, as documented on trip tickets received by the Florida Department
of Environmental Protection before March 15, 1994. For landings other
than in Florida, equivalent state permits/endorsements, if required,
and landing records may be substituted for the Florida permits/
endorsements and trip tickets. An owner will not be issued permits in
numbers exceeding the number of vessels for which the owning entity had
the requisite reported landings. An owner of a permitted vessel may
transfer the vessel permit to another vessel owned by the same person
by returning the existing permit with an application for a vessel
permit for the replacement vessel. No wild live rock vessel permits
will be issued after the quota for wild live rock in the Gulf, as
specified in Sec. 622.42(b)(2), is reached or after December 31, 1996.
(4) Dealer permits. For a dealer to receive Gulf reef fish, South
Atlantic snapper-grouper, or wreckfish harvested from the Gulf or South
Atlantic EEZ, a dealer permit for Gulf reef fish, South Atlantic
snapper-grouper, or wreckfish, respectively, must have been issued to
the dealer. To obtain a dealer permit, the applicant must have a valid
state wholesaler's license in the state(s) where the dealer operates,
if required by such state(s), and must have a physical facility at a
fixed location in such state(s).
(b) Applications for permits. Application forms for all permits are
available from the RD. Completed application forms and all required
supporting documents must be submitted to the RD at least 30 days prior
to the date on which the applicant desires to have the permit made
effective. All vessel permits are mailed to owners, whether the
applicant is an owner or an operator.
(1) Coral permits. (i) The applicant for a coral permit must be the
individual who will be conducting the activity that requires the
permit. In the case of a corporation or partnership that will be
conducting live rock aquaculture activity, the applicant must be the
principal shareholder or a general partner.
(ii) An applicant must provide the following:
(A) Name, address, telephone number, and other identifying
information of the applicant.
(B) Name and address of any affiliated company, institution, or
organization.
(C) Information concerning vessels, harvesting gear/methods, or
fishing areas, as specified on the application form.
(D) Any other information that may be necessary for the issuance or
administration of the permit.
(E) If applying for an aquacultured live rock permit,
identification of each vessel that will be depositing material on or
harvesting aquacultured live rock from the proposed aquacultured live
rock site, specification of the port of landing of aquacultured live
rock, and a site evaluation report prepared pursuant to generally
accepted industry standards that--
(1) Provides accurate coordinates of the proposed harvesting site
so that it can be located using LORAN or Global Positioning System
equipment;
(2) Shows the site on a chart in sufficient detail to determine its
size and allow for site inspection;
(3) Discusses possible hazards to safe navigation or hindrance to
vessel traffic, traditional fishing operations, or other public access
that may result from aquacultured live rock at the site;
(4) Describes the naturally occurring bottom habitat at the site;
and
(5) Specifies the type and origin of material to be deposited on
the site and how it will be distinguishable from the naturally
occurring substrate.
(2) Dealer permits. (i) The application for a dealer permit must be
submitted by the owner (in the case of a corporation, an officer or
shareholder; in the case of a partnership, a general partner).
(ii) An applicant must provide the following:
(A) A copy of each state wholesaler's license held by the dealer.
(B) Name, address, telephone number, date the business was formed,
and other identifying information of the business.
(C) The address of each physical facility at a fixed location where
the business receives fish.
(D) Name, address, telephone number, other identifying information,
and official capacity in the business of the applicant.
(E) Any other information that may be necessary for the issuance or
administration of the permit, as specified on the application form.
(3) Vessel permits. (i) The application for a commercial vessel
permit, other than for wreckfish, or for a charter vessel/headboat
permit must be submitted by the owner (in the case of a corporation, an
officer or shareholder; in the case of a partnership, a general
partner) or operator of the vessel. A commercial vessel permit that is
issued based on the earned income qualification of an operator is valid
only when that person is the operator of the vessel. The applicant for
a commercial vessel permit for wreckfish must be a wreckfish
shareholder.
(ii) An applicant must provide the following:
(A) A copy of the vessel's valid USCG certificate of documentation
or, if not documented, a copy of its valid state registration
certificate.
(B) Vessel name and official number.
(C) Name, address, telephone number, and other identifying
information of the vessel owner and of the applicant, if other than the
owner.
(D) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing areas, as
specified on the application form.
(E) Any other information that may be necessary for the issuance or
administration of the permit, as specified on the application form.
(F) If applying for a commercial vessel permit, documentation, as
specified in the instructions accompanying each application form,
showing that applicable eligibility requirements of paragraph (a)(2) of
this section have been met.
(G) If a fish trap or sea bass pot will be used, the number,
dimensions, and estimated cubic volume of the traps/pots that will be
used and the applicant's desired color code for use in identifying his
or her vessel and buoys (white is not an acceptable color code).
(c) Change in application information. The owner or operator of a
vessel with a permit or a dealer with a permit must notify the RD
within 30 days after any change in the application information
specified in paragraph (b) of this section. The permit is void if any
change in the information is not reported within 30 days.
(d) Fees. A fee is charged for each permit application submitted
under paragraph (b) of this section and for each fish trap or sea bass
pot
[[Page 34939]]
identification tag required under Sec. 622.6(b)(1)(i). The amount of
each fee is calculated in accordance with the procedures of the NOAA
Finance Handbook, available from the RD, for determining the
administrative costs of each special product or service. The fee may
not exceed such costs and is specified with each application form. The
appropriate fee must accompany each application or request for fish
trap/sea bass pot identification tags.
(e) Initial issuance. (1) The RD will issue an initial permit at
any time to an applicant if the application is complete and the
specific requirements for the requested permit have been met. An
application is complete when all requested forms, information, and
documentation have been received.
(2) Upon receipt of an incomplete application, the RD will notify
the applicant of the deficiency. If the applicant fails to correct the
deficiency within 30 days of the date of the RD's letter of
notification, the application will be considered abandoned.
(f) Duration. A permit remains valid for the period specified on it
unless it is revoked, suspended, or modified pursuant to subpart D of
15 CFR part 904 or the vessel or dealership is sold.
(g) Transfer. A vessel permit or endorsement or dealer permit
issued under this section is not transferable or assignable, except as
provided in paragraph (m) of this section for a commercial vessel
permit for Gulf reef fish or as provided in paragraph (n) of this
section for a fish trap endorsement. A person who acquires a vessel or
dealership who desires to conduct activities for which a permit or
endorsement is required must apply for a permit or endorsement in
accordance with the provisions of this section. If the acquired vessel
or dealership is currently permitted, the application must be
accompanied by the original permit and a copy of a signed bill of sale
or equivalent acquisition papers.
(h) Renewal. Although a permit required by this section is issued
on an annual basis, an application for permit renewal is required only
every 2 years. In the interim years, a permit is renewed automatically
(without application) for a vessel owner or dealer who has met the
specific requirements for the requested permit, who has submitted all
reports required under the Magnuson Act, and who is not subject to a
permit sanction or denial under paragraph (j) of this section. An owner
or dealer whose permit is expiring will be mailed a notification by the
RD approximately 2 months prior to expiration of the current permit.
That notification will advise the status of the renewal of the permit.
That is, the notification will advise that the renewed permit will be
issued without further action by the owner or dealer, that the permit
is not eligible for automatic renewal, or that a new application is
required. A notification that a permit is not eligible for automatic
renewal will specify the reasons and will provide an opportunity for
correction of any deficiencies. A notification that a new application
is required will include a preprinted renewal application. An
automatically renewed permit will be mailed by the RD approximately 1
month prior to expiration of the old permit. A vessel owner or dealer
who does not receive a notification of status of renewal of a permit by
45 days prior to expiration of the current permit must contact the RD.
(i) Display. A vessel permit or endorsement issued under this
section must be carried on board the vessel. A dealer permit issued
under this section, or a copy thereof, must be available on the
dealer's premises. In addition, a copy of the dealer's permit must
accompany each vehicle that is used to pick up from a fishing vessel
reef fish harvested from the Gulf EEZ. The operator of a vessel must
present the permit or endorsement for inspection upon the request of an
authorized officer. A dealer or a vehicle operator must present the
permit or a copy for inspection upon the request of an authorized
officer.
(j) Sanctions and denials. A permit or endorsement issued pursuant
to this section may be revoked, suspended, or modified, and a permit or
endorsement application may be denied, in accordance with the
procedures governing enforcement-related permit sanctions and denials
found at subpart D of 15 CFR part 904.
(k) Alteration. A permit that is altered, erased, or mutilated is
invalid.
(l) Replacement. A replacement permit or endorsement may be issued.
An application for a replacement permit or endorsement will not be
considered a new application. A fee, the amount of which is stated with
the application form, must accompany each request for a replacement.
(m) Moratorium on commercial vessel permits for Gulf reef fish.
This paragraph (m) is effective through December 31, 2000.
(1) Except for an application for renewal of an existing commercial
vessel permit for Gulf reef fish, or a
FR Doc. 96-16254 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
s provided in paragraphs (m)(2)
and (3) of this section, no applications for such commercial vessel
permits will be accepted.
(2) An owner of a permitted vessel may transfer the commercial
vessel permit for Gulf reef fish to another vessel owned by the same
entity by returning the existing permit to the RD with an application
for a commercial vessel permit for the replacement vessel.
(3) An owner whose earned income qualified for the commercial
vessel permit for Gulf reef fish may transfer that permit to the owner
of another vessel or to the new owner when he or she sells the
permitted vessel. The owner of a vessel that is to receive the
transferred permit must return the existing permit to the RD with an
application for a commercial vessel permit for Gulf reef fish for his
or her vessel. Such new owner may receive a commercial vessel permit
for Gulf reef fish for that vessel, and renew it for the first calendar
year after obtaining it, without meeting the earned income requirement
of paragraph (a)(2)(v) of this section. However, to renew the
commercial vessel permit for the second calendar year after the
transfer, the new owner must meet that earned income requirement not
later than the first calendar year after the permit transfer takes
place.
(4) A commercial vessel permit for Gulf reef fish that is not
renewed or that is revoked will not be reissued. A permit is considered
to be not renewed when an application for renewal is not received by
the RD within 1 year of the expiration date of the permit.
(n) Moratorium on endorsements for fish traps in the Gulf. The
provisions of this paragraph (n) are effective through February 7,
1997.
(1) A fish trap endorsement will not be issued or renewed unless
the current owner of the commercially permitted vessel for which the
endorsement is requested has a record of landings of Gulf reef fish
from fish traps in the Gulf EEZ during 1991 or 1992, as reported on
fishing vessel logbooks received by the SRD on or before November 19,
1992. An owner will not be issued fish trap endorsements for vessels in
numbers exceeding the number of vessels for which the owning entity had
the requisite reported landings in 1991 or 1992.
(2) An owner of a vessel with a fish trap endorsement may transfer
the endorsement to another vessel owned by the same entity by returning
the existing endorsement with an application for an endorsement for the
replacement vessel.
(3) A fish trap endorsement is not transferable upon change of
ownership of a vessel with such endorsement, except as follows:
(i) Such endorsement is transferable when the change of ownership
of the permitted vessel is from one to another
[[Page 34940]]
of the following: Husband, wife, son, daughter, brother, sister,
mother, or father.
(ii) In the event that a vessel with a fish trap endorsement has a
change of ownership that is directly related to the disability or death
of the owner, the RD may issue such endorsement, temporarily or
permanently, with the commercial vessel permit for Gulf reef fish that
is issued for the vessel under the new owner. Such new owner will be
the person specified by the owner or his/her legal guardian, in the
case of a disabled owner, or by the will or executor/administrator of
the estate, in the case of a deceased owner. (Change of ownership of a
vessel with a commercial vessel permit for Gulf reef fish upon
disability or death of an owner is considered a purchase of a permitted
vessel and paragraph (m)(3) of this section applies regarding a
commercial vessel permit for Gulf reef fish for the vessel under the
new owner.)
(4) A fish trap endorsement in effect on September 12, 1995, may be
transferred to a vessel with a commercial vessel permit for Gulf reef
fish whose owner has a record of landings of reef fish from fish traps
in the Gulf EEZ, as reported on fishing vessel logbooks received by the
SRD from November 20, 1992, through February 6, 1994, and who was
unable to obtain a fish trap endorsement for such vessel under
paragraph (n)(1) of this section. The owner of a vessel that is to
receive the transferred endorsement must return the currently endorsed
commercial vessel permit for Gulf reef fish and the unendorsed permit
to the RD with an application for a fish trap endorsement for his or
her vessel. Revised commercial vessel permits will be returned to each
owner.
(5) If a fish trap endorsement is transferred under paragraph
(n)(3) or (4) of this section, the owner of the vessel to which the
endorsement is transferred may renew the endorsement without regard to
the requirement of paragraph (n)(1) of this section regarding a record
of landing of Gulf reef fish from fish traps.
(6) A fish trap endorsement that is not renewed or that is revoked
will not be reissued. Such endorsement is considered to be not renewed
when an application for renewal is not received by the RD within 1 year
of the expiration date of the permit.
(o) Endorsements for the use of gillnets for king and Spanish
mackerel in the Florida west coast subzone. Other paragraphs of this
section notwithstanding--
(1) An owner of a vessel that has a commercial vessel permit for
king and Spanish mackerel may add or delete a gillnet endorsement on a
permit by returning to the RD the vessel's existing permit with a
written request for addition or deletion of the gillnet endorsement.
Such request must be postmarked or hand delivered during June, each
year.
(2) A gillnet endorsement may not be added or deleted from July 1
through May 31 each year, any renewal of the permit during that period
notwithstanding. From July 1 through May 31, a permitted vessel that is
sold, if permitted by the new owner for king and Spanish mackerel, will
receive a permit with or without the gillnet endorsement as was the
case for the vessel under the previous owner. From July 1 through May
31, the initial commercial vessel permit for king and Spanish mackerel
issued for a vessel new to the fishery will be issued without a gillnet
endorsement.
Sec. 622.5 Recordkeeping and reporting.
Participants in fisheries governed in this part are required to
keep records and report as follows.
(a) Commercial vessel owners and operators--(1) Requirements by
species--(i) Coastal migratory pelagic fish. The owner or operator of a
vessel that fishes for or lands coastal migratory pelagic fish for sale
in or from the Gulf or South Atlantic EEZ or adjoining state waters, or
whose vessel is issued a commercial permit for king and Spanish
mackerel, as required under Sec. 622.4(a)(2)(iv), who is selected to
report by the SRD must maintain a fishing record on a form available
from the SRD and must submit such record as specified in paragraph
(a)(2) of this section.
(ii) Gulf reef fish. The owner or operator of a vessel for which a
commercial permit for Gulf reef fish has been issued, as required under
Sec. 622.4(a)(2)(v), or whose vessel fishes for or lands reef fish in
or from state waters adjoining the Gulf EEZ, who is selected to report
by the SRD must maintain a fishing record on a form available from the
SRD and must submit such record as specified in paragraph (a)(2) of
this section.
(iii) Gulf shrimp. The owner or operator of a vessel that fishes
for shrimp in the Gulf EEZ or in adjoining state waters, or that lands
shrimp in an adjoining state, must provide information for any fishing
trip, as requested by the SRD, including, but not limited to, vessel
identification, gear, effort, amount of shrimp caught by species,
shrimp condition (heads on/heads off), fishing areas and depths, and
person to whom sold.
(iv) South Atlantic snapper-grouper. (A) The owner or operator of a
vessel for which a commercial permit for South Atlantic snapper-grouper
has been issued, as required under Sec. 622.4(a)(2)(vi), or whose
vessel fishes for or lands South Atlantic snapper-grouper in or from
state waters adjoining the South Atlantic EEZ, who is selected to
report by the SRD must maintain a fishing record on a form available
from the SRD and must submit such record as specified in paragraph
(a)(2) of this section.
(B) The wreckfish shareholder under Sec. 622.15, or operator of a
vessel for which a commercial permit for wreckfish has been issued, as
required under Sec. 622.4(a)(2)(vii), must maintain a fishing record on
a form available from the SRD and must submit such record as specified
in paragraph (a)(2) of this section.
(C) The wreckfish shareholder under Sec. 622.15, or operator of a
vessel for which a commercial permit for wreckfish has been issued, as
required under Sec. 622.4(a)(2)(vii), must make available to an
authorized officer upon request all records of offloadings, purchases,
or sales of wreckfish.
(2) Reporting deadline. Completed fishing records required by
paragraphs (a)(1)(i), (ii), and (iv) of this section must be submitted
to the SRD postmarked not later than 7 days after the end of each
fishing trip. If no fishing occurred during a calendar month, a report
so stating must be submitted on one of the forms postmarked not later
than 7 days after the end of that month. Information to be reported is
indicated on the form and its accompanying instructions.
(b) Charter vessel/headboat owners and operators--(1) Coastal
migratory pelagic fish, reef fish, and snapper-grouper. The owner or
operator of a vessel for which a charter vessel/headboat permit for
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic
snapper-grouper has been issued, as required under Sec. 622.4(a)(1), or
whose vessel fishes for or lands such coastal migratory pelagic fish,
reef fish, or snapper-grouper in or from state waters adjoining the
Gulf or South Atlantic EEZ, who is selected to report by the SRD must
maintain a fishing record for each trip, or a portion of such trips as
specified by the SRD, on forms provided by the SRD and must submit such
record as specified in paragraph (b)(2) of this section.
(2) Reporting deadlines--(i) Charter vessels. Completed fishing
records required by paragraph (b)(1) of this section for charter
vessels must be
[[Page 34941]]
submitted to the SRD weekly, postmarked not later than 7 days after the
end of each week (Sunday). Information to be reported is indicated on
the form and its accompanying instructions.
(ii) Headboats. Completed fishing records required by paragraph
(b)(1) of this section for headboats must be submitted to the SRD
monthly and must either be made available to an authorized statistical
reporting agent or be postmarked not later than 7 days after the end of
each month. Information to be reported is indicated on the form and its
accompanying instructions.
(c) Dealers--(1) Coastal migratory pelagic fish. (i) A person who
purchases coastal migratory pelagic fish from a fishing vessel, or
person, that fishes for or lands such fish in or from the EEZ or
adjoining state waters who is selected to report by the SRD must submit
information on forms provided by the SRD. This information must be
submitted to the SRD at monthly intervals, postmarked not later than 5
days after the end of each month. Reporting frequency and reporting
deadlines may be modified upon notification by the SRD. If no coastal
migratory pelagic fish were received during a calendar month, a report
so stating must be submitted on one of the forms, in accordance with
the instructions on the form, and must be postmarked not later than 5
days after the end of the month. The information to be reported is as
follows:
(A) Dealer's or processor's name and address.
(B) County where fish were landed.
(C) Total poundage of each species received during that month, or
other requested interval.
(D) Average monthly price paid for each species.
(E) Proportion of total poundage landed by each gear type.
(ii) Alternate SRD. For the purposes of paragraph (c)(1)(i) of this
section, in the states from New York through Virginia, or in the waters
off those states, ``SRD'' means the Science and Research Director,
Northeast Fisheries Science Center, NMFS (see Table 1 of Sec. 600.502
of this chapter), or a designee.
(2) Gulf red drum. A dealers or processor who purchases red drum
harvested from the Gulf who is selected to report by the SRD must
report to the SRD such information as the SRD may request and in the
form and manner as the SRD may require. The information required to be
submitted must include, but is not limited to, the following:
(i) Dealer's or processor's name and address.
(ii) State and county where red drum were landed.
(iii) Total poundage of red drum received during the reporting
period, by each type of gear used for harvest.
(3) Gulf reef fish. A person who purchases Gulf reef fish from a
fishing vessel, or person, that fishes for or lands such fish in or
from the EEZ or adjoining state waters must maintain records and submit
information as follows:
(i) A dealer must maintain at his/her principal place of business a
record of Gulf reef fish that he/she receives. The record must contain
the name of each fishing vessel from which reef fish were received and
the date, species, and quantity of each receipt. A dealer must retain
such record for at least 1 year after receipt date and must provide
such record for inspection upon the request of an authorized officer or
the SRD.
(ii) When requested by the SRD, a dealer must provide information
from his/her record of Gulf reef fish received the total poundage of
each species received during the month, average monthly price paid for
each species by market size, and proportion of total poundage landed by
each gear type. This information must be provided on forms available
from the SRD and must be submitted to the SRD at monthly intervals,
postmarked not later than 5 days after the end of the month. Reporting
frequency and reporting deadlines may be modified upon notification by
the SRD. If no reef fish were received during a calendar month, a
report so stating must be submitted on one of the forms, postmarked not
later than 5 days after the end of the month.
(iii) The operator of a car or truck that is used to pick up from a
fishing vessel reef fish harvested from the Gulf must maintain a record
containing the name of each fishing vessel from which reef fish on the
car or truck have been received. The vehicle operator must provide such
record for inspection upon the request of an authorized officer.
(4) Gulf shrimp. A person who purchases shrimp from a vessel, or
person, that fishes for shrimp in the Gulf EEZ or in adjoining state
waters, or that lands shrimp in an adjoining state, must provide the
following information when requested by the SRD:
(i) Name and official number of the vessel from which shrimp were
received or the name of the person from whom shrimp were received, if
received from other than a vessel.
(ii) Amount of shrimp received by species and size category for
each receipt.
(iii) Exvessel value, by species and size category, for each
receipt.
(5) South Atlantic snapper-grouper. (i) A person who purchases
South Atlantic snapper-grouper that were harvested from the EEZ or from
adjoining state waters and who is selected to report by the SRD and a
dealer who has been issued a dealer permit for wreckfish, as required
under Sec. 622.4(a)(4), must provide information on receipts of South
Atlantic snapper-grouper and prices paid, by species, on forms
available from the SRD. The required information must be submitted to
the SRD at monthly intervals, postmarked not later than 5 days after
the end of the month. Reporting frequency and reporting deadlines may
be modified upon notification by the SRD. If no South Atlantic snapper-
grouper were received during a calendar month, a report so stating must
be submitted on one of the forms, postmarked not later than 5 days
after the end of the month. However, during complete months encompassed
by the wreckfish spawning-season closure (that is, February and March),
a wreckfish dealer is not required to submit a report stating that no
wreckfish were received.
(ii) A dealer reporting South Atlantic snapper-grouper other than
wreckfish may submit the information required in paragraph (c)(5)(i) of
this section via facsimile (fax).
(iii) A dealer who has been issued a dealer permit for wreckfish,
as required under Sec. 622.4(a)(4), must make available to an
authorized officer upon request all records of offloadings, purchases,
or sales of wreckfish.
(d) Individuals with coral or live rock permits. (1) An individual
with a Federal allowable octocoral permit must submit a report of
harvest to the SRD. Specific reporting requirements will be provided
with the permit.
(2) A person with a Federal aquacultured live rock permit must
report to the RD each deposition of material on a site. Such reports
must be postmarked not later than 7 days after deposition and must
contain the following information:
(i) Permit number of site and date of deposit.
(ii) Geological origin of material deposited.
(iii) Amount of material deposited.
(iv) Source of material deposited, that is, where obtained, if
removed from another habitat, or from whom purchased.
(3) A person who takes aquacultured live rock must submit a report
of harvest to the RD. Specific reporting requirements will be provided
with the permit. This reporting requirement is waived for aquacultured
live rock that is landed in Florida.
[[Page 34942]]
(e) Additional data and inspection. Additional data will be
collected by authorized statistical reporting agents and by authorized
officers. A person who fishes for or possesses species in or from the
EEZ governed in this part is required to make the applicable fish or
parts thereof available for inspection by the SRD or an authorized
officer upon request.
(f) Commercial vessel, charter vessel, and headboat inventory. The
owner or operator of a commercial vessel, charter vessel, or headboat
operating in a fishery governed in this part who is not selected to
report by the SRD under paragraph (a) or (b) of this section must
provide the following information when interviewed by the SRD:
(1) Name and official number of vessel and permit number, if
applicable.
(2) Length and tonnage.
(3) Current home port.
(4) Fishing areas.
(5) Ports where fish were offloaded during the last year.
(6) Type and quantity of gear.
(7) Number of full- and part-time fishermen or crew members.
Sec. 622.6 Vessel and gear identification.
(a) Vessel identification--(1) Applicability--(i) Official number.
A vessel for which a permit has been issued under Sec. 622.4, and a
vessel that fishes for or possesses shrimp in the Gulf EEZ, must
display its official number--
(A) On the port and starboard sides of the deckhouse or hull and,
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so
as to be clearly visible from an enforcement vessel or aircraft.
(B) In block arabic numerals permanently affixed to or painted on
the vessel in contrasting color to the background.
(C) At least 18 inches (45.7 cm) in height for vessels over 65 ft
(19.8 m) long; at least 10 inches (25.4 cm) in height for vessels over
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in height for
vessels 25 ft (7.6 m) long or less.
(ii) Official number and color code. The following vessels must
display their official number as specified in paragraph (a)(1)(i) of
this section and, in addition, must display their assigned color code:
A vessel for which a fish trap endorsement has been issued, as required
under Sec. 622.4(a)(2)(i); a vessel for which a permit has been issued
to fish with a sea bass pot, as required under Sec. 622.4(a)(2)(vi); a
vessel in the commercial Caribbean reef fish fishery fishing with
traps; and a vessel in the Caribbean spiny lobster fishery. Color codes
required for the Caribbean reef fish fishery and Caribbean spiny
lobster fishery are assigned by Puerto Rico or the U.S. Virgin Islands,
whichever is applicable; color codes required in all other fisheries
are assigned by the RD. The color code must be displayed--
(A) On the port and starboard sides of the deckhouse or hull and,
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so
as to be clearly visible from an enforcement vessel or aircraft.
(B) In the form of a circle permanently affixed to or painted on
the vessel.
(C) At least 18 inches (45.7 cm) in diameter for vessels over 65 ft
(19.8 m) long; at least 10 inches (25.4 cm) in diameter for vessels
over 25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in diameter for
vessels 25 ft (7.6 m) long or less.
(2) Duties of operator. The operator of a vessel specified in
paragraph (a)(1) of this section must keep the official number and the
color code, if applicable, clearly legible and in good repair and must
ensure that no part of the fishing vessel, its rigging, fishing gear,
or any other material on board obstructs the view of the official
number or the color code, if applicable, from an enforcement vessel or
aircraft.
(b) Gear identification--(1) Traps or pots--(i) Caribbean EEZ. A
fish trap or spiny lobster trap used or possessed in the Caribbean EEZ
must display the official number specified for the vessel by Puerto
Rico or the U.S. Virgin Islands so as to be easily identified.
(ii) Gulf and South Atlantic EEZ. A fish trap used or possessed in
the Gulf EEZ and a sea bass pot used or possessed in the South Atlantic
EEZ, or a fish trap or sea bass pot on board a vessel with a commercial
permit for Gulf reef fish or South Atlantic snapper-grouper, must have
a valid identification tag issued by the RD attached.
(2) Buoys. A buoy must display the assigned number and color code
so as to be easily distinguished, located, and identified as follows--
(i) Caribbean EEZ. Each buoy must display the official number and
color code specified for the vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable.
(ii) Gulf and South Atlantic EEZ. Each buoy must display the number
and color code assigned by the RD. In the Gulf EEZ, a buoy must be
attached to each trap, or each end trap if traps are connected by a
line. In the South Atlantic EEZ, buoys are not required to be used,
but, if used, each buoy must display the number and color code.
(c) Presumption of ownership. A Caribbean spiny lobster trap, a
fish trap, or a sea bass pot in the EEZ will be presumed to be the
property of the most recently documented owner. This presumption will
not apply with respect to such traps and pots that are lost or sold if
the owner reports the loss or sale within 15 days to the RD.
(d) Unmarked traps, pots, or buoys. An unmarked Caribbean spiny
lobster trap, a fish trap, a sea bass pot, or a buoy deployed in the
EEZ is illegal and may be disposed of in any appropriate manner by the
Assistant Administrator or an authorized officer.
Sec. 622.7 Prohibitions.
In addition to the general prohibitions in Sec. 600.725 of this
chapter, it is unlawful for any person to do any of the following:
(a) Engage in an activity for which a valid Federal permit is
required under Sec. 622.4 without such permit.
(b) Falsify information on a permit application or submitted with
such application, as specified in Sec. 622.4(b).
(c) Fail to display a permit or endorsement, as specified in
Sec. 622.4(i).
(d) Falsify or fail to maintain, submit, or provide information
required to be maintained, submitted, or provided, as specified in
Sec. 622.5 (a) through (f).
(e) Fail to make a fish, or parts thereof, available for
inspection, as specified in Sec. 622.5(e).
(f) Falsify or fail to display and maintain vessel and gear
identification, as specified in Sec. 622.6 (a) and (b).
(g) Fail to comply with any requirement or restriction regarding
ITQ coupons, as specified in Sec. 622.15(c)(3), (c)(5), (c)(6), or
(c)(7).
(h) Possess wreckfish as specified in Sec. 622.15(c)(4), receive
wreckfish except as specified in Sec. 622.15(c)(7), or offload a
wreckfish except as specified in Sec. 622.15 (d)(3) and (d)(4).
(i) Transfer--
(1) A wreckfish, as specified in Sec. 622.15(d)(1);
(2) A limited-harvest species, as specified in Sec. 622.32(c)
introductory text;
(3) A species/species group subject to a bag limit, as specified
Sec. 622.39(a)(1);
(4) South Atlantic snapper-grouper from a vessel with unauthorized
gear on board, as specified in Sec. 622.41(d)(2)(iii); or
(5) A species subject to a commercial trip limit, as specified in
Sec. 622.44 introductory text.
(j) Use or possess prohibited gear or methods or possess fish in
association with possession or use of prohibited gear, as specified in
Sec. 622.31.
(k) Fish for, harvest, or possess a prohibited species, or a
limited-harvest species in excess of its limitation, sell or
[[Page 34943]]
purchase such species, fail to comply with release requirements, or
molest or strip eggs from a Caribbean spiny lobster, as specified in
Sec. 622.32.
(l) Fish in violation of the prohibitions, restrictions, and
requirements applicable to seasonal and/or area closures, including but
not limited to: Prohibition of all fishing, gear restrictions,
restrictions on take or retention of fish, fish release requirements,
and restrictions on use of an anchor or grapple, as specified in
Sec. 622.33, Sec. 622.34, or Sec. 622.35, or as may be specified under
Sec. 622.46 (b) or (c).
(m) Harvest, possess, offload, sell, or purchase fish in excess of
the seasonal harvest limitations, as specified in Sec. 622.36.
(n) Except as allowed under Sec. 622.37(c) (2) and (3) for king and
Spanish mackerel, possess undersized fish, fail to release undersized
fish, or sell or purchase undersized fish, as specified in Sec. 622.37.
(o) Fail to maintain a fish intact through offloading ashore, as
specified in Sec. 622.38.
(p) Exceed a bag or possession limit, as specified in Sec. 622.39.
(q) Fail to comply with the limitations on traps and pots,
including but not limited to: Tending requirements, constructions
requirements, and area specific restrictions, as specified in
Sec. 622.40.
(r) Fail to comply with the species-specific limitations, as
specified in Sec. 622.41.
(s) Fail to comply with the restrictions that apply after closure
of a fishery, as specified in Sec. 622.43.
(t) Possess on board a vessel or land, purchase, or sell fish in
excess of the commercial trip limits, as specified in Sec. 622.44.
(u) Fail to comply with the restrictions on sale/purchase, as
specified in Sec. 622.45.
(v) Interfere with fishing or obstruct or damage fishing gear or
the fishing vessel of another, as specified in Sec. 622.46(a).
Subpart B--Effort Limitations
Sec. 622.15 Wreckfish individual transferable quota (ITQ) system.
The provisions of this section apply to wreckfish in or from the
South Atlantic EEZ.
(a) Percentage shares. (1) In accordance with the procedure
specified in the Fishery Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region, percentage shares of the quota
for wreckfish have been assigned. Each person has been notified by the
RD of his or her percentage share and shareholder certificate number.
(2) All or a portion of a person's percentage shares may be
transferred to another person. Transfer of shares must be reported on a
form available from the RD. The RD will confirm, in writing, each
transfer of shares. The effective date of each transfer is the
confirmation date provided by the RD. The confirmation date will
normally be not later than 3 working days after receipt of a properly
completed transfer form. A fee is charged for each transfer of shares.
The amount of the fee is calculated in accordance with the procedures
of the NOAA Finance Handbook, available from the RD, for determining
the administrative costs of each special product or service provided by
NOAA to non-Federal recipients. The fee may not exceed such costs and
is specified with each transfer form. The appropriate fee must
accompany each transfer form.
(b) Lists of wreckfish shareholders and permitted vessels.
Annually, on or about March 1, the RD will provide each wreckfish
shareholder with a list of all wreckfish shareholders and their
percentage shares, reflecting share transactions on forms received
through February 15. Annually by April 15, the RD will provide each
dealer who holds a dealer permit for wreckfish, as required under
Sec. 622.4(a)(4), with a list of vessels for which wreckfish permits
have been issued, as required under Sec. 622.4(a)(2)(vii). Annually, by
April 15, the RD will provide each wreckfish shareholder with a list of
dealers who have been issued dealer permits for wreckfish. From April
16 through January 14, updated lists will be provided when required.
Updated lists may be obtained at other times or by a person who is not
a wreckfish shareholder or wreckfish dealer permit holder by written
request to the RD.
(c) ITQs. (1) Annually, as soon after March 1 as the TAC for
wreckfish for the fishing year that commences April 16 is known, the RD
will calculate each wreckfish shareholder's ITQ. Each ITQ is the
product of the wreckfish TAC, in round weight, for the ensuing fishing
year, the factor for converting round weight to eviscerated weight, and
each wreckfish shareholder's percentage share, reflecting share
transactions reported on forms received by the RD through February 15.
Thus, the ITQs will be in terms of eviscerated weight of wreckfish.
(2) The RD will provide each wreckfish shareholder with ITQ coupons
in various denominations, the total of which equals his or her ITQ, and
a copy of the calculations used in determining his or her ITQ. Each
coupon will be coded to indicate the initial recipient.
(3) An ITQ coupon may be transferred from one wreckfish shareholder
to another by completing the sale endorsement thereon (that is, the
signature and shareholder certificate number of the buyer). An ITQ
coupon may be possessed only by the shareholder to whom it has been
issued, or by the shareholder's employee, contractor, or agent, unless
the ITQ coupon has been transferred to another shareholder. An ITQ
coupon that has been transferred to another shareholder may be
possessed only by the shareholder whose signature appears on the coupon
as the buyer, or by the shareholder's employee, contractor, or agent,
and with all required sale endorsements properly completed.
(4) Wreckfish may not be possessed on board a fishing vessel--
(i) In an amount exceeding the total of the ITQ coupons on board
the vessel;
(ii) That does not have on board a commercial vessel permit for
wreckfish, as required under Sec. 622.4(a)(2)(vii); or
(iii) That does not have on board logbook forms for that fishing
trip, as required under Sec. 622.5(a)(1)(iv)(B).
(5) Prior to termination of a trip, a signature and date signed
must be affixed in ink to the ``Fisherman'' part of ITQ coupons in
denominations equal to the eviscerated weight of the wreckfish on
board. The ``Fisherman'' part of each such coupon must be separated
from the coupon and submitted with the logbook forms required by
Sec. 622.5(a)(1)(iv)(B) for that fishing trip.
(6) The ``Fish House'' part of each such coupon must be given to
the dealer to whom the wreckfish are transferred in amounts totaling
the eviscerated weight of the wreckfish transferred to that dealer. A
wreckfish may be transferred only to a dealer who holds a dealer permit
for wreckfish, as required under Sec. 622.4(a)(4).
(7) A dealer may receive a wreckfish only from a vessel for which a
commercial permit for wreckfish has been issued, as required under
Sec. 622.4(a)(2)(vii). A dealer must receive the ``Fish House'' part of
ITQ coupons in amounts totaling the eviscerated weight of the wreckfish
received; enter the permit number of the vessel from which the
wreckfish were received, enter the date the wreckfish were received,
enter the dealer's permit number, and sign each such ``Fish House''
part; and submit all such parts with the dealer reports required by
Sec. 622.5(c)(5)(i).
(8) An owner or operator of a vessel and a dealer must make
available to an authorized officer all ITQ coupons in his or her
possession upon request.
[[Page 34944]]
(d) Wreckfish limitations. (1) A wreckfish taken in the South
Atlantic EEZ may not be transferred at sea, regardless of where the
transfer takes place; and a wreckfish may not be transferred in the
South Atlantic EEZ.
(2) A wreckfish possessed by a fisherman or dealer shoreward of the
outer boundary of the South Atlantic EEZ or in a South Atlantic coastal
state will be presumed to have been harvested from the South Atlantic
EEZ unless accompanied by documentation that it was harvested from
other than the South Atlantic EEZ.
(3) A wreckfish may be offloaded from a fishing vessel only between
8 a.m. and 5 p.m., local time.
(4) If a wreckfish is to be offloaded at a location other than a
fixed facility of a dealer who holds a dealer permit for wreckfish, as
required under Sec. 622.4(a)(4), the wreckfish shareholder or the
vessel operator must advise the NMFS, Office of Enforcement, Southeast
Region, St. Petersburg, FL, by telephone (1-800-853-1964), of the
location not less than 24 hours prior to offloading.
Sec. 622.16 Red snapper individual transferable quota (ITQ) system.
The ITQ system established by this section will remain in effect
through March 31, 2000, during which time NMFS and the GMFMC will
evaluate the effectiveness of the system. Based on the evaluation, the
system may be modified, extended, or terminated.
(a) Percentage shares. (1) Initial percentage shares of the annual
quota of red snapper are assigned to persons in accordance with the
procedure specified in Amendment 8 to the Fishery Management Plan for
the Reef Fish Fishery of the Gulf of Mexico (FMP) and in paragraphs
(c)(1) through (c)(4) of this section. Each person is notified by the
RD of his or her initial percentage shares. If additional shares become
available to NMFS, such as by forfeiture pursuant to subpart F of 15
CFR part 904 for rule violations, such shares will be proportionately
reissued to shareholders based on their shares as of November 1, after
the additional shares become available. If NMFS is required to issue
additional shares, such as may be required in the resolution of
disputes, existing shares will be proportionately reduced. This
reduction of shares will be based on shares as of November 1 after the
required addition of shares.
(2) All or a portion of a person's percentage shares may be
transferred to another person who is a U.S. citizen or permanent
resident alien. (See paragraph (c)(5) of this section for restrictions
on the transfer of shares in the initial months under the ITQ system.)
Transfer of shares must be reported on a form available from the RD.
The RD will confirm, in writing, the registration of each transfer. The
effective date of each transfer is the confirmation date provided by
the RD. The confirmation of registration date will normally be not
later than 3 working days after receipt of a properly completed
transfer form. However, reports of share transfers received by the RD
from November 1 through December 31 will not be recorded or confirmed
until after January 1. A fee is charged for each transfer of percentage
shares. The amount of the fee is calculated in accordance with the
procedures of the NOAA Finance Handbook for determining the
administrative costs of each special product or service provided by
NOAA to non-Federal recipients. The fee may not exceed such costs and
is specified with each transfer form. The appropriate fee must
accompany each transfer form.
(3) On or about January 1 each year, the RD will provide each red
snapper shareholder with a list of all red snapper shareholders and
their percentage shares, reflecting share transfers as indicated on
properly completed transfer forms received through October 31. Updated
lists may be obtained at other times, and by persons who are not red
snapper shareholders, by written request to the RD.
(b) ITQs. (1) Annually, as soon after November 15 as the following
year's red snapper quota is established, the RD will calculate each red
snapper shareholder's ITQ in terms of eviscerated weight. Each ITQ is
the product of the red snapper quota, in round weight, for the ensuing
fishing year, the factor for converting round weight to eviscerated
weight, and each red snapper shareholder's percentage share, reflecting
share transfers reported on forms received by the RD through October
31.
(2) The RD will provide each red snapper shareholder with ITQ
coupons in various denominations, the total of which equals his or her
ITQ, and a copy of the calculations used in determining his or her ITQ.
Each coupon will be coded to indicate the initial recipient.
(3) An ITQ coupon may be transferred. If the transfer is by sale,
the seller must enter the sale price on the coupon.
(4) Except when the red snapper bag limit applies, red snapper in
or from the EEZ or on board a vessel that has been issued a commercial
permit for Gulf reef fish, as required under Sec. 622.4(a)(2)(v), may
not be possessed in an amount, in eviscerated weight, exceeding the
total of ITQ coupons on board. (See Sec. 622.39(a) for applicability of
the bag limit.)
(5) Prior to termination of a trip, the operator's signature and
the date signed must be written in ink on the ``Vessel'' part of ITQ
coupons totaling at least the eviscerated weight of the red snapper on
board. An owner or operator of a vessel must separate the ``Vessel''
part of each such coupon, enter thereon the permit number of the dealer
to whom the red snapper are transferred, and submit the ``Vessel''
parts with the logbook forms for that fishing trip. An owner or
operator of a vessel must make available to an authorized officer all
ITQ coupons in his or her possession upon request.
(6) Red snapper harvested from the EEZ or possessed by a vessel
with a commercial permit for Gulf reef fish, as required under
Sec. 622.4(a)(2)(v), may be transferred only to a dealer with a Gulf
reef fish permit, as required under Sec. 622.4(a)(4). The ``Fish
House'' part of each ITQ coupon must be given to such dealer, or the
agent or employee of such dealer, in amounts totaling at least the
eviscerated weight of the red snapper transferred to that dealer.
(7) A dealer with a Gulf reef fish permit may receive red snapper
only from a vessel that has on board a commercial permit for Gulf reef
fish. A dealer, or the agent or employee of a dealer, must receive the
``Fish House'' part of ITQ coupons totaling at least the eviscerated
weight of the red snapper received. Immediately upon receipt of red
snapper, the dealer, or the agent or employee of the dealer, must enter
the permit number of the vessel received from and date and sign each
such ``Fish House'' part. The dealer must submit all such parts as
required by paragraph (d)(6) of this section. A dealer, agent, or
employee must make available to an authorized officer all ITQ coupons
in his or her possession upon request.
(c) Procedures for implementation--(1) Initial shareholders. The
following persons are initial shareholders in the red snapper ITQ
system:
(i) Either the owner or operator of a vessel with a valid permit on
August 29, 1995, provided such owner or operator had a landing of red
snapper during the period 1990 through 1992. If the earned income of an
operator was used to qualify for the permit that is valid on August 29,
1995, such operator is the initial shareholder rather than the owner.
In the case of an owner, the term ``person'' includes a corporation or
other legal entity; and
(ii) A historical captain. A historical captain means an operator
who meets all of the following qualifications:
[[Page 34945]]
(A) From November 6, 1989, through 1993, fished solely under verbal
or written share agreements with an owner, and such agreements provided
for the operator to be responsible for hiring the crew, who was paid
from the share under his or her control.
(B) Landed from that vessel at least 5,000 lb (2,268 kg) of red
snapper per year in 2 of the 3 years 1990, 1991, and 1992.
(C) Derived more than 50 percent of his or her earned income from
commercial fishing, that is, sale of the catch, in each of the years
1989 through 1993.
(D) Landed red snapper prior to November 7, 1989.
(2) Initial shares. (i) Initial shares are apportioned to initial
shareholders based on each shareholder's average of the top 2 years'
landings in 1990, 1991, and 1992. However, no person who is an initial
shareholder under paragraph (c)(1) of this section will receive an
initial percentage share that will amount to less than 100 lb (45.36
kg), round weight, of red snapper (90 lb (41 kg), eviscerated weight).
(ii) The percentage shares remaining after the minimum shares have
been calculated under paragraph (c)(2)(i) of this section are
apportioned based on each remaining shareholder's average of the top 2
years' landings in 1990, 1991, and 1992. In a case where a landing is
associated with an owner and a historical captain, such landing is
apportioned between the owner and historical captain in accordance with
the share agreement in effect at the time of the landing.
(iii) The determinations of landings of red snapper during the
period 1990 through 1992 and historical captain status are made in
accordance with the data collected under Amendment 9 to the FMP. Those
data identify each red snapper landing during the period 1990 through
1992. Each landing is associated with an owner and, when an operator's
earned income was used to qualify for the vessel permit at the time of
the landing, with such operator. Where appropriate, a landing is also
associated with a historical captain. However, a red snapper landings
record during that period that is associated solely with an owner may
be retained by that owner or transferred as follows:
(A) An owner of a vessel with a valid commercial permit for Gulf
reef fish on August 29, 1995, who transferred a vessel permit to
another vessel owned by him or her will retain the red snapper landings
record for the previous vessel.
(B) An owner of a vessel with a valid commercial permit for Gulf
reef fish on August 29, 1995, will retain the landings record of a
permitted vessel if the vessel had a change of ownership to another
entity without a substantive change in control of the vessel. It will
be presumed that there was no substantive change in control of a vessel
if a successor in interest received at least a 50 percent interest in
the vessel as a result of the change of ownership whether the change of
ownership was--
(1) From a closely held corporation to its majority shareholder;
(2) From an individual who became the majority shareholder of a
closely held corporation receiving the vessel;
(3) Between closely held corporations with a common majority
shareholder; or
(4) From one to another of the following: Husband, wife, son,
daughter, brother, sister, mother, or father.
(C) In other cases of transfer of a permit through change of
ownership of a vessel, an owner of a vessel with a valid commercial
permit for Gulf reef fish on August 29, 1995, will receive credit for
the landings record of the vessel before his or her ownership only if
there is a legally binding agreement for transfer of the landings
record.
(iv) Requests for transfers of landings records must be submitted
to the RD and must be postmarked not later than December 14, 1995. The
RD may require documentation supporting such request. After considering
requests for transfers of landings records, the RD will advise each
initial shareholder or applicant of his or her tentative allocation of
shares.
(3) Notification of status. The RD will advise each owner,
operator, and historical captain for whom NMFS has a record of a red
snapper landing during the period 1990 through 1992, including those
who submitted such record under Amendment 9 to the FMP, of his or her
tentative status as an initial shareholder and the tentative landings
record that will be used to calculate his or her initial share.
(4) Appeals. (i) A special advisory panel, appointed by the GMFMC
to function as an appeals board, will consider written requests from
persons who contest their tentative status as an initial shareholder,
including historical captain status, or tentative landings record. In
addition to considering written requests, the board may allow personal
appearances by such persons before the board.
(ii) The panel is only empowered to consider disputed calculations
or determinations based on documentation submitted under Amendment 9 to
the FMP regarding landings of red snapper during the period 1990
through 1992, including transfers of such landings records, or
regarding historical captain status. In addition, the panel may
consider applications and documentation of landings not submitted under
Amendment 9 if, in the board's opinion, there is justification for the
late application and documentation. The board is not empowered to
consider an application from a person who believes he or she should be
eligible because of hardship or other factors.
(iii) A written request for consideration by the board must be
submitted to the RD, postmarked not later than December 27, 1995, and
must contain documentation supporting the allegations that form the
basis for the request.
(iv) The board will meet as necessary to consider each request that
is submitted in a timely manner. Members of the appeals board will
provide their individual recommendations for each appeal to the GMFMC,
which will in turn submit its recommendation to the RD. The board and
the GMFMC will recommend whether the eligibility criteria, specified in
Amendment 8 to the FMP and paragraphs (c)(1) and (c)(2) of this
section, were correctly applied in each case, based solely on the
available record including documentation submitted by the applicant.
The GMFMC will also base its recommendation on the recommendations of
the board. The RD will decide the appeal based on the above criteria
and the available record, including documentation submitted by the
applicant and the recommendation of the GMFMC. The RD will notify the
appellant of his decision and the reason therefor, in writing, normally
within 45 days of receiving the GMFMC's recommendation. The RD's
decision will constitute the final administrative action by NMFS on an
appeal.
(v) Upon completion of the appeal process, the RD will issue share
certificates to initial shareholders.
(5) Transfers of shares. The following restrictions apply to the
transfer of shares:
(i) The transfer of shares is prohibited through September 30,
1996.
(ii) From October 1, 1996, through September 30, 1997, shares may
be transferred only to other persons who are initial shareholders and
are U.S. citizens or permanent resident aliens.
(d) Exceptions/additions to general measures. Other provisions of
this part notwithstanding--
(1) Management of the red snapper ITQ system extends to adjoining
state waters in the manner stated in paragraphs (d)(2) and (d)(3) of
this section.
(2) For a dealer to receive red snapper harvested from state waters
adjoining
[[Page 34946]]
the Gulf EEZ by or possessed on board a vessel with a commercial permit
for Gulf reef fish, the dealer permit for Gulf reef fish specified in
Sec. 622.4(a)(4) must have been issued to the dealer.
(3) A copy of the dealer's permit must accompany each vehicle that
is used to pick up from a fishing vessel red snapper from adjoining
state waters harvested by or possessed on board a vessel with a
commercial permit for Gulf reef fish.
(4) As a condition of a commercial vessel permit for Gulf reef
fish, without regard to where red snapper are harvested or possessed, a
vessel with such permit must comply with the red snapper ITQ
requirements of paragraph (b) of this section; may not transfer or
receive red snapper at sea; and must maintain red snapper with head and
fins intact through landing, and the exceptions to that requirement
contained in Sec. 622.38(d) do not apply to red snapper. Red snapper
may be eviscerated, gilled, and scaled but must otherwise be maintained
in a whole condition.
(5) As a condition of a dealer permit for Gulf reef fish, as
required under Sec. 622.4(a)(4) or under paragraph (d)(2) of this
section, without regard to where red snapper are harvested or
possessed, a permitted dealer must comply with the red snapper ITQ
requirements of paragraph (b) of this section.
(6) In any month that a red snapper is received, a dealer must
submit the report required under Sec. 622.5(c)(3)(ii). The ``Fish
House'' parts of red snapper individual transferable coupons, received
during the month in accordance with paragraph (b) of this section, must
be submitted to the SRD with the report.
(7) It is unlawful for a person to do any of the following:
(i) Receive red snapper from a fishing vessel without a dealer
permit for Gulf reef fish.
(ii) Fail to carry a copy of the dealer's permit, as specified in
paragraph (d)(3) of this section.
(iii) Fail to comply with a condition of a permit, as specified in
paragraph (d)(4) or (d)(5) of this section.
(iv) Fail to report red snapper received, as specified in paragraph
(d)(6) of this section.
Subpart C--Management Measures
Sec. 622.30 Fishing years.
The fishing year for species or species groups governed in this
part is January 1 through December 31 except for the following:
(a) Allowable octocoral--October 1 through September 30.
(b) King and Spanish mackerel. The fishing year for the king and
Spanish mackerel bag limits specified in Sec. 622.39(c)(1) is January 1
through December 31. The following fishing years apply only for the
king and Spanish mackerel quotas specified in Sec. 622.42(c):
(1) Gulf migratory group king mackerel--July 1 through June 30.
(2) All other migratory groups of king and Spanish mackerel--April
1 through March 31.
(c) Wreckfish--April 16 through April 15.
Sec. 622.31 Prohibited gear and methods.
In addition to the prohibited gear/methods specified in this
section, see Secs. 622.33, 622.34, and 622.35 for seasonal/area
prohibited gear/methods and Sec. 622.41 for species specific authorized
and unauthorized gear/methods.
(a) Explosives. An explosive (except an explosive in a powerhead)
may not be used to fish in the Caribbean, Gulf, or South Atlantic EEZ.
A vessel fishing in the EEZ for a species governed in this part, or a
vessel for which a permit has been issued under Sec. 622.4, may not
have on board any dynamite or similar explosive substance.
(b) Chemicals and plants. A toxic chemical may not be used or
possessed in a coral area, and a chemical, plant, or plant-derived
toxin may not be used to harvest a Caribbean coral reef resource in the
Caribbean EEZ.
(c) Fish traps. A fish trap may not be used in the South Atlantic
EEZ. A fish trap deployed in the South Atlantic EEZ may be disposed of
in any appropriate manner by the Assistant Administrator or an
authorized officer.
(d) Gillnets. A gillnet that has a float line that is more than
1,000 yd (914 m) in length or a drift gillnet may not be used in the
Gulf, Mid-Atlantic, or South Atlantic EEZ to fish for king or Spanish
mackerel; in the Gulf or South Atlantic EEZ to fish for coastal
migratory pelagic fish, other than bluefish; or in the Gulf EEZ to fish
for bluefish. A vessel in, or having fished on a trip in, the Gulf,
Mid-Atlantic, or South Atlantic EEZ with such a gillnet or a drift
gillnet on board may not have on board on that trip any of the
indicated fish.
(e) Longlines for wreckfish. A bottom longline may not be used to
fish for wreckfish in the South Atlantic EEZ. A person aboard a vessel
that has a longline on board may not retain a wreckfish in or from the
South Atlantic EEZ. For the purposes of this paragraph, a vessel is
considered to have a longline on board when a power-operated longline
hauler, a cable of diameter suitable for use in the longline fishery
longer than 1.5 mi (2.4 km) on any reel, and gangions are on board.
Removal of any one of these three elements constitutes removal of a
longline.
(f) Poisons. (1) A poison, drug, or other chemical may not be used
to fish for Caribbean reef fish in the Caribbean EEZ.
(2) A poison may not be used to take Gulf reef fish in the Gulf
EEZ.
(3) A poison may not be used to fish for South Atlantic snapper-
grouper in the South Atlantic EEZ.
(g) Power-assisted tools. A power-assisted tool may not be used in
the Caribbean EEZ to take a Caribbean coral reef resource or in the
Gulf or South Atlantic EEZ to take allowable octocoral, prohibited
coral, or live rock.
(h) Powerheads. A powerhead may not be used in the Caribbean EEZ to
harvest Caribbean reef fish or in the EEZ off South Carolina to harvest
South Atlantic snapper-grouper. The possession of a mutilated Caribbean
reef fish in or from the Caribbean EEZ, or a mutilated South Atlantic
snapper-grouper in or from the EEZ off South Carolina, and a powerhead
is prima facie evidence that such fish was harvested by a powerhead.
(i) Rebreathers and spearfishing gear. In the South Atlantic EEZ, a
person using a rebreather may not harvest South Atlantic snapper-
grouper with spearfishing gear. The possession of such snapper-grouper
while in the water with a rebreather is prima facie evidence that such
fish was harvested with spearfishing gear while using a rebreather.
(j) Sea bass pots. A sea bass pot may not be used in the South
Atlantic EEZ south of 28 deg.35.1' N. lat. (due east of the NASA
Vehicle Assembly Building, Cape Canaveral, FL). A sea bass pot deployed
in the EEZ south of 28 deg.35.1' N. lat. may be disposed of in any
appropriate manner by the Assistant Administrator or an authorized
officer.
(k) Spears and hooks. A spear, hook, or similar device may not be
used in the Caribbean EEZ to harvest a Caribbean spiny lobster. The
possession of a speared, pierced, or punctured Caribbean spiny lobster
in or from the Caribbean EEZ is prima facie evidence of violation of
this section.
Sec. 622.32 Prohibited and limited-harvest species.
(a) General. The harvest and possession restrictions of this
section apply without regard to whether the species is harvested by a
vessel operating under a commercial vessel permit. The operator of a
vessel that
[[Page 34947]]
fishes in the EEZ is responsible for the limit applicable to that
vessel.
(b) Prohibited species. Prohibited species, by geographical area,
are as follows:
(1) Caribbean. (i) Caribbean prohibited coral may not be fished for
or possessed in or from the Caribbean EEZ. The taking of Caribbean
prohibited coral in the Caribbean EEZ is not considered unlawful
possession provided it is returned immediately to the sea in the
general area of fishing.
(ii) Foureye, banded, and longsnout butterflyfish; jewfish; Nassau
grouper; and seahorses may not be harvested or possessed in or from the
Caribbean EEZ. Such fish caught in the Caribbean EEZ must be released
immediately with a minimum of harm.
(iii) Egg-bearing spiny lobster in the Caribbean EEZ must be
returned to the water unharmed. An egg-bearing spiny lobster may be
retained in a trap, provided the trap is returned immediately to the
water. An egg-bearing spiny lobster may not be stripped, scraped,
shaved, clipped, or in any other manner molested, in order to remove
the eggs.
(2) Gulf. (i) Gulf and South Atlantic prohibited coral taken as
incidental catch in the Gulf EEZ must be returned immediately to the
sea in the general area of fishing. In fisheries where the entire catch
is landed unsorted, such as the scallop and groundfish fisheries,
unsorted prohibited coral may be landed ashore; however, no person may
sell or purchase such prohibited coral.
(ii) Jewfish may not be harvested or possessed in or from the Gulf
EEZ.
(iii) Red drum may not be harvested or possessed in or from the
Gulf EEZ. Red drum caught in the Gulf EEZ must be released immediately
with a minimum of harm.
(3) Mid-Atlantic. Red drum may not be harvested or possessed in or
from the Mid-Atlantic EEZ south of a line extending in a direction of
115 deg. from true north commencing at a point at 40 deg.29.6' N. lat.,
73 deg.54.1' W. long., such point being the intersection of the New
Jersey/New York boundary with the 3- nm line denoting the seaward limit
of state waters. Red drum caught in such portion of the Mid-Atlantic
EEZ must be released immediately with a minimum of harm.
(4) South Atlantic. (i) Gulf and South Atlantic prohibited coral
taken as incidental catch in the South Atlantic EEZ must be returned
immediately to the sea in the general area of fishing. In fisheries
where the entire catch is landed unsorted, such as the scallop and
groundfish fisheries, unsorted prohibited coral may be landed ashore;
however, no person may sell or purchase such prohibited coral.
(ii) Jewfish and Nassau grouper may not be harvested or possessed
in or from the South Atlantic EEZ. Jewfish and Nassau grouper taken in
the South Atlantic EEZ incidentally by hook-and-line must be released
immediately by cutting the line without removing the fish from the
water.
(iii) Red drum may not be harvested or possessed in or from the
South Atlantic EEZ. Red drum caught in the South Atlantic EEZ must be
released immediately with a minimum of harm.
(iv) Wild live rock may not be harvested or possessed in the South
Atlantic EEZ.
(c) Limited-harvest species. A person who fishes in the EEZ may not
combine a harvest limitation specified in this paragraph (c) with a
harvest limitation applicable to state waters. A species subject to a
harvest limitation specified in this paragraph (c) taken in the EEZ may
not be transferred at sea, regardless of where such transfer takes
place, and such species may not be transferred in the EEZ.
(1) Cobia. No person may possess more than two cobia per day in or
from the Gulf or South Atlantic EEZ, regardless of the number of trips
or duration of a trip.
(2) Cubera snapper. No person may harvest more than two cubera
snapper measuring 30 inches (76.2 cm), TL, or larger, per day in the
South Atlantic EEZ off Florida and no more than two such cubera snapper
in or from the South Atlantic EEZ off Florida may be possessed on board
a vessel at any time.
(3) Speckled hind and warsaw grouper. The possession of speckled
hind and warsaw grouper in or from the South Atlantic EEZ is limited to
one of each per vessel per trip.
Sec. 622.33 Caribbean EEZ seasonal and/or area closures.
(a) Mutton snapper spawning aggregation area. From March 1 through
June 30, each year, fishing is prohibited in the area bounded by rhumb
lines connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 17 deg.37.9' 64 deg.52.6'
B........................................... 17 deg.38.2' 64 deg.52.1'
C........................................... 17 deg.38.3' 64 deg.51.8'
D........................................... 17 deg.38.1' 64 deg.51.4'
A........................................... 17 deg.37.9' 64 deg.52.6'
------------------------------------------------------------------------
(b) Red hind spawning aggregation areas. From December 1 through
February 28, each year, fishing is prohibited in the following three
areas. Each area is bounded by rhumb lines connecting, in order, the
points listed.
(1) East of St. Croix.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 17 deg.50.2' 64 deg.27.9'
B........................................... 17 deg.50.1' 64 deg.26.1'
C........................................... 17 deg.49.2' 64 deg.25.8'
D........................................... 17 deg.48.6' 64 deg.25.8'
E........................................... 17 deg.48.1' 64 deg.26.1'
F........................................... 17 deg.47.5' 64 deg.26.9'
A........................................... 17 deg.50.2' 64 deg.27.9'
------------------------------------------------------------------------
(2) South of St. Thomas.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 18 deg.13.2' 65 deg.06.0'
B........................................... 18 deg.13.2' 64 deg.59.0'
C........................................... 18 deg.11.8' 64 deg.59.0'
D........................................... 18 deg.10.7' 65 deg.06.0'
A........................................... 18 deg.13.2' 65 deg.06.0'
------------------------------------------------------------------------
(3) West of Puerto Rico.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 18 deg.11.0' 67 deg.25.5'
B........................................... 18 deg.11.0' 67 deg.20.4'
C........................................... 18 deg.08.0' 67 deg.20.4'
D........................................... 18 deg.08.0' 67 deg.25.5'
A........................................... 18 deg.11.0' 67 deg.25.5'
------------------------------------------------------------------------
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
(a) Alabama SMZ. The Alabama SMZ consists of artificial reefs and
surrounding areas. In the Alabama SMZ, fishing by a vessel that is
operating as a charter vessel or headboat, a vessel that does not have
a commercial permit for Gulf reef fish, as required under
Sec. 622.4(a)(2), or a vessel with such a permit fishing for Gulf reef
fish is limited to hook-and-line gear with three or fewer hooks per
line and spearfishing gear. A person aboard a vessel that uses on any
trip gear other than hook-and-line gear with three or fewer hooks per
line and spearfishing gear in the Alabama SMZ is limited on that trip
to the bag limits for Gulf reef fish specified in Sec. 622.39(b) and,
for Gulf reef fish for which no bag limit is specified in
Sec. 622.39(b), the vessel is limited to 5 percent, by weight, of all
fish on board or landed. The Alabama SMZ is bounded by rhumb lines
connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 30 deg.02.5' 88 deg.07.7'
B........................................... 30 deg.02.6' 87 deg.59.3'
C........................................... 29 deg.55.0' 87 deg.55.5'
D........................................... 29 deg.54.5' 88 deg.07.5'
A........................................... 30 deg.02.5' 88 deg.07.7'
------------------------------------------------------------------------
(b) Florida middle grounds HAPC. Fishing with a bottom longline,
bottom trawl, dredge, pot, or trap is prohibited
[[Page 34948]]
year round in the area bounded by rhumb lines connecting, in order, the
following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 28 deg.42.5' 84 deg.24.8'
B........................................... 28 deg.42.5' 84 deg.16.3'
C........................................... 28 deg.11.0' 84 deg.00.0'
D........................................... 28 deg.11.0' 84 deg.07.0'
E........................................... 28 deg.26.6' 84 deg.24.8'
A........................................... 28 deg.42.5' 84 deg.24.8'
------------------------------------------------------------------------
(c) Reef fish longline and buoy gear restricted area. A person
aboard a vessel that uses, on any trip, longline or buoy gear in the
longline and buoy gear restricted area is limited on that trip to the
bag limits for Gulf reef fish specified in Sec. 622.39(b)(1) and, for
Gulf reef fish for which no bag limit is specified in
Sec. 622.39(b)(1), the vessel is limited to 5 percent, by weight, of
all fish on board or landed. The longline and buoy gear restricted area
is that part of the Gulf EEZ shoreward of rhumb lines connecting, in
order, the points listed in Table 1, and shown in Figures 1 and 2, in
Appendix B of this part.
(d) Riley's Hump seasonal closure. From May 1 through June 30, each
year, fishing is prohibited in the following area bounded by rhumb
lines connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 24 deg.32.2' 83 deg.08.7'
B........................................... 24 deg.32.2' 83 deg.05.2'
C........................................... 24 deg.28.7' 83 deg.05.2'
D........................................... 24 deg.28.7' 83 deg.08.7'
A........................................... 24 deg.32.2' 83 deg.08.7'
------------------------------------------------------------------------
(e) Shrimp/stone crab separation zones. Five zones are established
in the Gulf EEZ and Florida's waters off Citrus and Hernando Counties
for the separation of shrimp trawling and stone crab trapping. Although
Zone II is entirely within Florida's waters, it is included in this
paragraph (e) for the convenience of fishermen. Restrictions that apply
to Zone II and those parts of the other zones that are in Florida's
waters are contained in Rule 46-38.001, Florida Administrative Code.
Geographical coordinates of the points referred to in this paragraph
(e) are as follows:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 28 deg.59'30
'' 82 deg.45'36
''
B........................................... 28 deg.59'30
'' 83 deg.00'10
''
C........................................... 28 deg.26'01
'' 82 deg.59'47
''
D........................................... 28 deg.26'01
'' 82 deg.56'54
''
E........................................... 28 deg.41'39
'' 82 deg.55'25
''
F........................................... 28 deg.41'39
'' 82 deg.56'09
''
G........................................... 28 deg.48'56
'' 82 deg.56'19
''
H........................................... 28 deg.53'51
'' 82 deg.51'19
''
I \1\....................................... 28 deg.54'43
'' 82 deg.44'52
''
J \2\....................................... 28 deg.51'09
'' 82 deg.44'00
''
K........................................... 28 deg.50'59
'' 82 deg.54'16
''
L........................................... 28 deg.41'39
'' 82 deg.53'56
''
M \3\....................................... 28 deg.41'39
'' 82 deg.38'46
''
N........................................... 28 deg.41'39
'' 82 deg.53'12
''
O........................................... 28 deg.30'51
'' 82 deg.55'11
''
P........................................... 28 deg.40'00
'' 82 deg.53'08
''
Q........................................... 28 deg.40'00
'' 82 deg.47'58
''
R........................................... 28 deg.35'14
'' 82 deg.47'47
''
S........................................... 28 deg.30'51
'' 82 deg.52'55
''
T........................................... 28 deg.27'46
'' 82 deg.55'09
''
U........................................... 28 deg.30'51
'' 82 deg.52'09
''
------------------------------------------------------------------------
\1\ Crystal River Entrance Light 1A.
\2\ Long Pt. (southwest tip).
\3\ Shoreline.
(1) Zone I is enclosed by rhumb lines connecting, in order, points
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points
A and J. It is unlawful to trawl in that part of Zone I that is in the
EEZ from October 5 through May 20, each year.
(2) Zone II is enclosed by rhumb lines connecting, in order, points
J, I, H, K, L, and M, plus the shoreline between points J and M.
(3) Zone III is enclosed by rhumb lines connecting, in order,
points P, Q, R, U, S, and P. It is unlawful to trawl in that part of
Zone III that is in the EEZ from October 5 through May 20, each year.
(4) Zone IV is enclosed by rhumb lines connecting, in order, points
E, N, S, O, and E.
(i) It is unlawful to place a stone crab trap in that part of Zone
IV that is in the EEZ from October 5 through December 1 and from April
2 through May 20, each year.
(ii) It is unlawful to trawl in that part of Zone IV that is in the
EEZ from December 2 through April 1, each year.
(5) Zone V is enclosed by rhumb lines connecting, in order, points
F, G, K, L, and F.
(i) It is unlawful to place a stone crab trap in that part of Zone
V that is in the EEZ from October 5 through November 30 and from March
16 through May 20, each year.
(ii) It is unlawful to trawl in that part of Zone V that is in the
EEZ from December 1 through March 15, each year.
(f) Southwest Florida seasonal trawl closure. From January 1 to 1
hour after sunset on May 20, each year, trawling, including trawling
for live bait, is prohibited in that part of the Gulf EEZ shoreward of
rhumb lines connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
B \1\....................................... 26 deg.16.0' 81 deg.58.5'
C........................................... 26 de
FR Doc. 96-16254 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
g.00.0' 82 deg.04.0'
D........................................... 25 deg.09.0' 81 deg.47.6'
E........................................... 24 deg.54.5' 81 deg.50.5'
M \1\....................................... 24 deg.49.3' 81 deg.46.4'
------------------------------------------------------------------------
\1\ On the seaward limit of Florida's waters.
(g) Reef fish stressed area. The stressed area is that part of the
Gulf EEZ shoreward of rhumb lines connecting, in order, the points
listed in Table 2, and shown in Figures 3 and 4, in Appendix B of this
part.
(1) A powerhead may not be used in the stressed area to take Gulf
reef fish. Possession of a powerhead and a mutilated Gulf reef fish in
the stressed area or after having fished in the stressed area
constitutes prima facie evidence that such reef fish was taken with a
powerhead in the stressed area.
(2) A roller trawl may not be used in the stressed area. Roller
trawl means a trawl net equipped with a series of large, solid rollers
separated by several smaller spacer rollers on a separate cable or line
(sweep) connected to the footrope, which makes it possible to fish the
gear over rough bottom, that is, in areas unsuitable for fishing
conventional shrimp trawls. Rigid framed trawls adapted for shrimping
over uneven bottom, in wide use along the west coast of Florida, and
shrimp trawls with hollow plastic rollers for fishing on soft bottoms,
are not considered roller trawls.
(3) A fish trap may not be used in the stressed area. A fish trap
used in the stressed area will be considered unclaimed or abandoned
property and may be disposed of in any appropriate manner by the
Assistant Administrator (including an authorized officer).
(h) Texas closure. (1) From 30 minutes after sunset on May 15 to 30
minutes after sunset on July 15, trawling, except trawling for royal
red shrimp beyond the 100-fathom (183-m) depth contour, is prohibited
in the Gulf EEZ off Texas.
(2) In accordance with the procedures and restrictions of the
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico,
the RD may adjust the closing and/or opening date of the Texas closure
to provide an earlier, later, shorter, or longer closure, but the
duration of the closure may not exceed 90 days or be less than 45 days.
Notification of the adjustment of the closing or opening date will be
published in the Federal Register.
(i) Tortugas shrimp sanctuary. (1) The Tortugas shrimp sanctuary is
closed to trawling. The Tortugas shrimp sanctuary is that part of the
EEZ off Florida shoreward of rhumb lines
[[Page 34949]]
connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
N \1\....................................... 25 deg.52.9' 81 deg.37.9'
F........................................... 25 deg.50.7' 81 deg.51.3'
G \2\....................................... 24 deg.40.1' 82 deg.26.7'
H \3\....................................... 24 deg.34.7' 82 deg.35.2'
P \4\....................................... 24 deg.35.0' 81 deg.08.0'
------------------------------------------------------------------------
\1\ Coon Key Light.
\2\ New Ground Rocks Light.
\3\ Rebecca Shoal Light.
\4\ Marquessas Keys.
(2) The provisions of paragraph (i)(1) of this section
notwithstanding--
(i) Effective from April 11 through September 30, each year, that
part of the Tortugas shrimp sanctuary seaward of rhumb lines connecting
the following points is open to trawling: From point T at 24 deg.47.8'
N. lat., 82 deg.01.0' W. long. to point U at 24 deg.43.83' N. lat.,
82 deg.01.0' W. long. (on the line denoting the seaward limit of
Florida's waters); thence along the seaward limit of Florida's waters,
as shown on the current edition of NOAA chart 11439, to point V at
24 deg.42.55' N. lat., 82 deg.15.0' W. long.; thence north to point W
at 24 deg.43.6' N. lat., 82 deg.15.0' W. long.
(ii) Effective from April 11 through July 31, each year, that part
of the Tortugas shrimp sanctuary seaward of rhumb lines connecting the
following points is open to trawling: From point W to point V, both
points as specified in paragraph (i)(2)(i) of this section, to point G,
as specified in paragraph (i)(1) of this section.
(3) Effective from May 26 through July 31, each year, that part of
the Tortugas shrimp sanctuary seaward of rhumb lines connecting the
following points is open to trawling: From point F, as specified in
paragraph (i)(1) of this section, to point Q at 24 deg.46.7' N. lat.,
81 deg.52.2' W. long. (on the line denoting the seaward limit of
Florida's waters); thence along the seaward limit of Florida's waters,
as shown on the current edition of NOAA chart 11439, to point U and
north to point T, both points as specified in paragraph (i)(2)(i) of
this section.
(j) West and East Flower Garden Banks HAPC. Fishing with a bottom
longline, bottom trawl, dredge, pot, or trap is prohibited year-round
in the HAPC. The West and East Flower Garden Banks are geographically
centered at 27 deg.52'14.21'' N. lat., 93 deg.48'54.79'' W. long. and
27 deg.55'07.44'' N. lat., 93 deg.36'08.49'' W. long., respectively.
The HAPC extends from these centers to the 50-fathom (300-ft) (91.4-m)
isobath.
(k) Wild live rock area closures. No person may harvest or possess
wild live rock in the Gulf EEZ--
(1) North and west of a line extending in a direction of 235 deg.
from true north from a point at the mouth of the Suwannee River at
29 deg.17.25' N. lat., 83 deg.09.9' W. long. (the Levy/Dixie County, FL
boundary); or
(2) South of 25 deg.20.4' N. lat. (due west from the Monroe/Collier
County, FL boundary).
Sec. 622.35 South Atlantic EEZ seasonal and/or area closures.
(a) Allowable octocoral closed area. No person may harvest or
possess allowable octocoral in the South Atlantic EEZ north of
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building,
Cape Canaveral, FL).
(b) Longline closed areas. A longline may not be used to fish in
the EEZ for South Atlantic snapper-grouper south of 27 deg.10' N. lat.
(due east of the entrance to St. Lucie Inlet, FL); or north of
27 deg.10' N. lat. where the charted depth is less than 50 fathoms
(91.4 m), as shown on the latest edition of the largest scale NOAA
chart of the location. A person aboard a vessel with a longline on
board that fishes on a trip in the South Atlantic EEZ south of
27 deg.10' N. lat., or north of 27 deg.10' N. lat. where the charted
depth is less than 50 fathoms (91.4 m), is limited on that trip to the
bag limit for South Atlantic snapper-grouper for which a bag limit is
specified in Sec. 622.39(d)(1), and to zero for all other South
Atlantic snapper-grouper. For the purpose of this paragraph, a vessel
is considered to have a longline on board when a power-operated
longline hauler, a cable or monofilament of diameter and length
suitable for use in the longline fishery, and gangions are on board.
Removal of any one of these three elements constitutes removal of a
longline.
(c) Oculina Bank HAPC. The Oculina Bank HAPC is bounded on the
north by 27 deg.53' N. lat., on the south by 27 deg.30' N. lat., on the
east by 79 deg.56' W. long., and on the west by 80 deg.00' W. long. In
the Oculina Bank HAPC:
(1) Fishing with a bottom longline, bottom trawl, dredge, pot, or
trap is prohibited.
(2) A fishing vessel may not anchor, use an anchor and chain, or
use a grapple and chain.
(3) No fishing for South Atlantic snapper-grouper is allowed, and
South Atlantic snapper-grouper may not be retained, in or from the
HAPC. South Atlantic snapper-grouper taken incidentally in the HAPC by
hook-and-line gear must be released immediately by cutting the line
without removing the fish from the water.
(d) South Atlantic shrimp cold weather closure. (1) Pursuant to the
procedures and criteria established in the FMP for the Shrimp Fishery
of the South Atlantic Region, when Florida, Georgia, North Carolina, or
South Carolina closes all or a portion of its waters of the South
Atlantic to the harvest of brown, pink, and white shrimp, the Assistant
Administrator may concurrently close the South Atlantic EEZ adjacent to
the closed state waters by filing a notification of closure with the
Office of the Federal Register. Closure of the adjacent EEZ will be
effective until the ending date of the closure in state waters, but may
be ended earlier based on the state's request. In the latter case, the
Assistant Administrator will terminate a closure of the EEZ by filing a
notification to that effect with the Office of the Federal Register.
(2) During a closure, as specified in paragraph (d)(1) of this
section--
(i) No person may trawl for brown shrimp, pink shrimp, or white
shrimp in the closed portion of the EEZ (closed area); and no person
may possess on board a fishing vessel brown shrimp, pink shrimp, or
white shrimp in or from a closed area, except as authorized in
paragraph (d)(2)(iii) of this section.
(ii) No person aboard a vessel trawling in that part of a closed
area that is within 25 nm of the baseline from which the territorial
sea is measured may use or have on board a trawl net with a mesh size
less than 4 inches (10.2 cm), as measured between the centers of
opposite knots when pulled taut.
(iii) Brown shrimp, pink shrimp, or white shrimp may be possessed
on board a fishing vessel in a closed area, provided the vessel is in
transit and all trawl nets with a mesh size less than 4 inches (10.2
cm), as measured between the centers of opposite knots when pulled
taut, are stowed below deck while transiting the closed area. For the
purpose of this paragraph, a vessel is in transit when it is on a
direct and continuous course through a closed area.
(e) SMZs. (1) The SMZs consist of artificial reefs and surrounding
areas as follows:
(i) Paradise Reef is bounded on the north by 33 deg.31.59' N. lat.;
on the south by 33 deg.30.51' N. lat.; on the east by 78 deg.57.55' W.
long.; and on the west by 78 deg.58.85' W. long.
(ii) Ten Mile Reef is bounded on the north by 33 deg.26.65' N.
lat.; on the south by 33 deg.24.80' N. lat.; on the east by
78 deg.51.08' W. long.; and on the west by 78 deg.52.97' W. long.
[[Page 34950]]
(iii) Pawleys Island Reef is bounded on the north by 33 deg.26.58'
N. lat.; on the south by 33 deg.25.76' N. lat.; on the east by
79 deg.00.29' W. long.; and on the west by 79 deg.01.24' W. long.
(iv) Georgetown Reef is bounded on the north by 33 deg.14.90' N.
lat.; on the south by 33 deg.13.85' N. lat.; on the east by
78 deg.59.45' W. long.; and on the west by 79 deg.00.65' W. long.
(v) Capers Reef is bounded on the north by 32 deg.45.45' N. lat.;
on the south by 32 deg.43.91' N. lat.; on the east by 79 deg.33.81' W.
long.; and on the west by 79 deg.35.10' W. long.
(vi) Kiawah Reef is bounded on the north by 32 deg.29.78' N. lat.;
on the south by 32 deg.28.25' N. lat.; on the east by 79 deg.59.00' W.
long.; and on the west by 80 deg.00.95' W. long.
(vii) Edisto Offshore Reef is bounded on the north by 32 deg.15.30'
N. lat.; on the south by 32 deg.13.90' N. lat.; on the east by
79 deg.50.25' W. long.; and on the west by 79 deg.51.45' W. long.
(viii) Hunting Island Reef is bounded on the north by 32 deg.13.72'
N. lat.; on the south by 32 deg.12.30' N. lat.; on the east by
80 deg.19.23' W. long.; and on the west by 80 deg.21.00' W. long.
(ix) Fripp Island Reef is bounded on the north by 32 deg.15.92' N.
lat.; on the south by 32 deg.14.75' N. lat.; on the east by
80 deg.21.62' W. long.; and on the west by 80 deg.22.90' W. long.
(x) Betsy Ross Reef is bounded on the north by 32 deg.03.60' N.
lat.; on the south by 32 deg.02.88' N. lat.; on the east by
80 deg.24.57' W. long.; and on the west by 80 deg.25.50' W. long.
(xi) Hilton Head Reef/Artificial Reef--T is bounded on the north by
32 deg.00.71' N. lat.; on the south by 31 deg.59.42' N. lat.; on the
east by 80 deg.35.23' W. long.; and on the west by 80 deg.36.37' W.
long.
(xii) Artificial Reef--A is bounded on the north by 30 deg.56.4' N.
lat.; on the south by 30 deg.55.2' N. lat.; on the east by 81 deg.15.4'
W. long.; and on the west by 81 deg.16.5' W. long.
(xiii) Artificial Reef--C is bounded on the north by 30 deg.51.4'
N. lat.; on the south by 30 deg.50.1' N. lat.; on the east by
81 deg.09.1' W. long.; and on the west by 81 deg.10.4' W. long.
(xiv) Artificial Reef--G is bounded on the north by 30 deg.59.1' N.
lat.; on the south by 30 deg.57.8' N. lat.; on the east by 80 deg.57.7'
W. long.; and on the west by 80 deg.59.2' W. long.
(xv) Artificial Reef--F is bounded on the north by 31 deg.06.6' N.
lat.; on the south by 31 deg.05.6' N. lat.; on the east by 81 deg.11.4'
W. long.; and on the west by 81 deg.13.3' W. long.
(xvi) Artificial Reef--J is bounded on the north by 31 deg.36.7' N.
lat.; on the south by 31 deg.35.7' N. lat.; on the east by 80 deg.47.0'
W. long.; and on the west by 80 deg.48.1' W. long.
(xvii) Artificial Reef--L is bounded on the north by 31 deg.46.2'
N. lat.; on the south by 31 deg.45.1' N. lat.; on the east by
80 deg.35.8' W. long.; and on the west by 80 deg.37.1' W. long.
(xviii) Artificial Reef--KC is bounded on the north by 31 deg.51.2'
N. lat.; on the south by 31 deg.50.3' N. lat.; on the east by
80 deg.46.0' W. long.; and on the west by 80 deg.47.2' W. long.
(xix) Ft. Pierce Inshore Reef is bounded on the north by
27 deg.26.8' N. lat.; on the south by 27 deg.25.8' N. lat.; on the east
by 80 deg.09.24' W. long.; and on the west by 80 deg.10.36' W. long.
(xx) Ft. Pierce Offshore Reef is bounded by rhumb lines connecting,
in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 27 deg.23.68
' 80 deg.03.95
'
B........................................... 27 deg.22.80
' 80 deg.03.60
'
C........................................... 27 deg.23.94
' 80 deg.00.02
'
D........................................... 27 deg.24.85
' 80 deg.00.33
'
A........................................... 27 deg.23.68
' 80 deg.03.95
'
------------------------------------------------------------------------
(xxi) Key Biscayne/Artificial Reef--H is bounded on the north by
25 deg.42.82' N. lat.; on the south by 25 deg.41.32' N. lat.; on the
east by 80 deg.04.22' W. long.; and on the west by 80 deg.05.53' W.
long.
(xxii) Little River Offshore Reef is bounded on the north by
33 deg.42.10' N. lat.; on the south by 33 deg.41.10' N. lat.; on the
east by 78 deg.26.40' W. long.; and on the west by 78 deg.27.10' W.
long.
(xxiii) BP-25 Reef is bounded on the north by 33 deg.21.70' N.
lat.; on the south by 33 deg.20.70' N. lat.; on the east by
78 deg.24.80' W. long.; and on the west by 78 deg.25.60' W. long.
(xxiv) Vermilion Reef is bounded on the north by 32 deg.57.80' N.
lat.; on the south by 32 deg.57.30' N. lat.; on the east by
78 deg.39.30' W. long.; and on the west by 78 deg.40.10' W. long.
(xxv) Cape Romaine Reef is bounded on the north by 33 deg.00.00' N.
lat.; on the south by 32 deg.59.50' N. lat.; on the east by
79 deg.02.01' W. long.; and on the west by 79 deg.02.62' W. long.
(xxvi) Y-73 Reef is bounded on the north by 32 deg.33.20' N. lat.;
on the south by 32 deg.32.70' N. lat.; on the east by 79 deg.19.10' W.
long.; and on the west by 79 deg.19.70' W. long.
(xxvii) Eagles Nest Reef is bounded on the north by 32 deg.01.48'
N. lat.; on the south by 32 deg.00.98' N. lat.; on the east by
80 deg.30.00' W. long.; and on the west by 80 deg.30.65' W. long.
(xxviii) Bill Perry Jr. Reef is bounded on the north by
33 deg.26.20' N. lat.; on the south by 33 deg.25.20' N. lat.; on the
east by 78 deg.32.70' W. long.; and on the west by 78 deg.33.80' W.
long.
(xxix) Comanche Reef is bounded on the north by 32 deg.27.40' N.
lat.; on the south by 32 deg.26.90' N. lat.; on the east by
79 deg.18.80' W. long.; and on the west by 79 deg.19.60' W. long.
(2) The use of a sea bass pot or a bottom longline is prohibited in
each of the SMZs. The following additional restrictions apply in the
indicated SMZs:
(i) In SMZs specified in paragraphs (e)(1) (i) through (xviii) and
(e)(1) (xxii) through (xxix) of this section, the use of a gillnet or a
trawl is prohibited; and fishing may be conducted only with hand-held
hook-and-line gear (including a manual, electric, or hydraulic rod and
reel) and spearfishing gear.
(ii) In SMZs specified in paragraphs (e)(1) (xix) and (xx) of this
section, a hydraulic or electric reel that is permanently affixed to
the vessel is prohibited when fishing for South Atlantic snapper-
grouper.
(iii) In the SMZs specified in paragraphs (e)(1) (xix) and (xxi) of
this section, the use of spearfishing gear is prohibited.
(iv) In the SMZs specified in paragraphs (e)(1)(i) through (x) and
(e)(1) (xxii) through (xxix) of this section, a powerhead may not be
used to take South Atlantic snapper-grouper. Possession of a powerhead
and a mutilated South Atlantic snapper-grouper in one of the specified
SMZs, or after having fished in one of the SMZs, constitutes prima
facie evidence that such fish was taken with a powerhead in the SMZ.
Sec. 622.36 Seasonal harvest limitations.
The following limitations apply in the South Atlantic EEZ:
(a) Greater amberjack spawning season. During April, each year,
south of 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL), the possession of greater amberjack in
or from the EEZ on board a vessel that has a commercial permit for
South Atlantic snapper-grouper is limited to three per person during a
single day, regardless of the number of trips or the duration of a
trip.
(b) Mutton snapper spawning season. During May and June, each year,
the possession of mutton snapper in or from the EEZ on board a vessel
that has a commercial permit for South Atlantic snapper-grouper is
limited to 10 per person during a single day, regardless of the number
of trips or the duration of a trip.
(c) Wreckfish spawning-season closure. From January 15 through
April 15, each year, no person may harvest or possess on a fishing
vessel wreckfish in or from the EEZ; offload wreckfish from
[[Page 34951]]
the EEZ; or sell or purchase wreckfish in or from the EEZ. The
prohibition on sale or purchase of wreckfish does not apply to trade in
wreckfish that were harvested, offloaded, and sold or purchased prior
to January 15 and were held in cold storage by a dealer or processor.
Sec. 622.37 Minimum sizes.
Except for undersized king and Spanish mackerel allowed in
paragraphs (c)(2) and (3) of this section, a fish smaller than its
minimum size, as specified in this section, in or from the Caribbean,
Gulf, South Atlantic, and/or Mid-Atlantic EEZ, as appropriate, may not
be possessed, sold, or purchased. An undersized fish must be released
immediately with a minimum of harm. The operator of a vessel that
fishes in the EEZ is responsible for ensuring that fish on board are no
smaller than the minimum size limits specified in this section.
(a) Caribbean reef fish: Yellowtail snapper--12 inches (30.5 cm),
TL.
(b) Caribbean spiny lobster--3.5 inches (8.9 cm), carapace length.
(c) Coastal migratory pelagic fish. (1) Cobia in the Gulf or South
Atlantic--33 inches (83.8 cm), fork length.
(2) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--20
inches (30.5 cm), fork length, except that a vessel fishing under a
quota for king mackerel specified in Sec. 622.42(c)(1) may possess
undersized king mackerel in quantities not exceeding 5 percent, by
weight, of the king mackerel on board.
(3) Spanish mackerel in the Gulf, South Atlantic, or Mid-Atlantic--
12 inches (30.5 cm), fork length, except that a vessel fishing under a
quota for Spanish mackerel specified in Sec. 622.42(c)(2) may possess
undersized Spanish mackerel in quantities not exceeding 5 percent, by
weight, of the Spanish mackerel on board.
(d) Gulf reef fish. (1) Black sea bass and lane and vermilion
snappers--8 inches (20.3 cm), TL.
(2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm), TL.
(3) Red snapper--
(i) Effective through December 31, 1997--15 inches (38.1 cm), TL;
(ii) Effective January 1, 1998--16 inches (40.6 cm), TL.
(4) Black, red, Nassau, and yellowfin groupers and gag--20 inches,
(50.8 cm), TL.
(5) Greater amberjack--28 inches (71.1 cm), fork length, for a fish
taken by a person subject to the bag limit specified in
Sec. 622.39(b)(1)(i) and 36 inches (91.4 cm), fork length, for a fish
taken by a person not subject to the bag limit.
(e) South Atlantic snapper-grouper. (1) Black sea bass and lane
snapper--8 inches (20.3 cm), TL.
(2) Vermilion snapper--10 inches (25.4 cm), TL, for a fish taken by
a person subject to the bag limit specified in Sec. 622.39(d)(1)(v) and
12 inches (30.5 cm), TL, for a fish taken by a person not subject to
the bag limit.
(3) Blackfin, cubera, dog, gray, mahogany, queen, silk, and
yellowtail snappers; schoolmaster; and red porgy--12 inches (30.5 cm),
TL.
(4) Gray triggerfish in the South Atlantic EEZ off Florida--12
inches (30.5 cm), TL.
(5) Hogfish--12 inches (30.5 cm), fork length.
(6) Mutton snapper--16 inches (40.6 cm), TL.
(7) Black, red, yellowfin, and yellowmouth grouper; scamp; gag; and
red snapper--20 inches (50.8 cm), TL.
(8) Greater amberjack--28 inches (71.1 cm), fork length, for a fish
taken by a person subject to the bag limit specified in
Sec. 622.39(d)(1)(i) and 36 inches (91.4 cm), fork length, or, if the
head is removed, 28 inches (71.1 cm), measured from the center edge at
the deheaded end to the fork of the tail, for a fish taken by a person
not subject to the bag limit. (See Figure 2 in Appendix C of this part
for deheaded fish length measurement.)
(f) Gulf shrimp. White shrimp harvested in the EEZ are subject to
the minimum-size landing and possession limits of Louisiana when
possessed within the jurisdiction of that State.
Sec. 622.38 Landing fish intact.
The operator of a vessel that fishes in the EEZ is responsible for
ensuring that fish on that vessel in the EEZ are maintained intact and,
if taken from the EEZ, are maintained intact through offloading ashore,
as specified in this section.
(a) The following must be maintained with head and fins intact: A
cobia in or from the Gulf or South Atlantic EEZ; a king mackerel or
Spanish mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic
EEZ; a South Atlantic snapper-grouper in or from the South Atlantic
EEZ; a yellowtail snapper in or from the Caribbean EEZ; and, except as
specified in paragraphs (c), (d), and (e) of this section, a finfish in
or from the Gulf EEZ. Such fish may be eviscerated, gilled, and scaled,
but must otherwise be maintained in a whole condition.
(b) A Caribbean spiny lobster in or from the Caribbean EEZ must be
maintained with head and carapace intact.
(c) Shark, swordfish, and tuna species are exempt from the
requirements of paragraph (a) of this section.
(d) In the Gulf EEZ:
(1) Bait is exempt from the requirement to be maintained with head
and fins intact.
(i) For the purpose of this paragraph (d)(1), bait means--
(A) Packaged, headless fish fillets that have the skin attached and
are frozen or refrigerated;
(B) Headless fish fillets that have the skin attached and are held
in brine; or
(C) Small pieces no larger than 3 in\3\ (7.6 cm\3\) or strips no
larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin
attached and are frozen, refrigerated, or held in brine.
(ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish
or part thereof possessed in or landed from the Gulf EEZ that is
subsequently sold or purchased as a finfish species, rather than as
bait, is not bait.
(2) Legal-sized finfish possessed for consumption at sea on the
harvesting vessel are exempt from the requirement to have head and fins
intact, provided--
(i) Such finfish do not exceed any applicable bag limit;
(ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per
person aboard; and
(iii) The vessel is equipped to cook such finfish on board.
(e) In the South Atlantic EEZ, a greater amberjack on or offloaded
ashore from a vessel that has a permit specified in
Sec. 622.4(a)(2)(vi) may be deheaded and eviscerated, but must
otherwise be maintained in a whole condition through offloading ashore.
Sec. 622.39 Bag and possession limits.
(a) Applicability. (1) The bag and possession limits apply for
species/species groups listed in this section in or from the EEZ. Bag
limits apply to a person on a daily basis, regardless of the number of
trips in a day. Possession limits apply to a person on a trip after the
first 24 hours of that trip. The bag and possession limits apply to a
person who fishes in the EEZ in any manner, except a person aboard a
vessel in the EEZ that has on board the commercial vessel permit
required under Sec. 622.4(a)(2) for the appropriate species/species
group. However, see Sec. 622.32 for limitations on taking prohibited
and limited-harvest species. The limitations in Sec. 622.32 apply
without regard to whether the species is harvested by a vessel
operating under a commercial vessel permit or by a person subject to
the bag limits. The possession of a commercial vessel permit
notwithstanding, the bag and possession
[[Page 34952]]
limits apply when the vessel is operating as a charter vessel or
headboat. A person who fishes in the EEZ may not combine a bag limit
specified in this section with a bag or possession limit applicable to
state waters. A species/species group subject to a bag limit specified
in this section taken in the EEZ by a person subject to the bag limits
may not be transferred at sea, regardless of where such transfer takes
place, and such fish may not be transferred in the EEZ.
(2) Paragraph (a)(1) of this section notwithstanding, bag and
possession limits also apply for Gulf reef fish in or from the EEZ to a
person aboard a vessel that has on board a commercial permit for Gulf
reef fish--
(i) When trawl gear or entangling net gear is on board. A vessel is
considered to have trawl gear on board when trawl doors and a net are
on board. Removal from the vessel of all trawl doors or all nets
constitutes removal of trawl gear.
(ii) When a longline or buoy gear is on board and the vessel is
fishing or has fished on a trip in the reef fish longline and buoy gear
restricted area specified in Sec. 622.34(c). A vessel is considered to
have a longline on board when a power-operated longline hauler, a cable
of diameter and length suitable for use in the longline fishery, and
gangions are on board. Removal of any one of these three elements, in
its entirety, constitutes removal of a longline.
(iii) For a species/species group when its quota has been reached
and closure has been effected.
(b) Gulf reef fish--(1) Bag limits. (i) Greater amberjack--3.
(ii) Groupers, combined, excluding jewfish--5.
(iii) Red snapper--5.
(iv) Snappers, combined, excluding red, lane, and vermilion
snapper--10.
(2) Possession limits. A person who is on a trip that spans more
than 24 hours may possess no more than two daily bag limits, provided
such trip is on a vessel that is operating as a charter vessel or
headboat, the vessel has two licensed operators aboard, and each
passenger is issued and has in possession a receipt issued on behalf of
the vessel that verifies the length of the trip.
(c) King and Spanish mackerel--(1) Bag limits. (i) Atlantic
migratory group king mackerel--
(A) Mid-Atlantic and South Atlantic, other than off Florida--3.
(B) Off Florida--2, which is the daily bag limit specified by
Florida for its waters (Rule 46-12.004(1), Florida Administrative
Code). If Florida changes its limit, the bag limit specified in this
paragraph (c)(1)(i)(B) will be changed to conform to Florida's limit,
provided such limit does not exceed 5.
(ii) Gulf migratory group king mackerel--2.
(iii) Atlantic migratory group Spanish mackerel--10.
(iv) Gulf migratory group Spanish mackerel--
(A) Off Louisiana, Mississippi, and Alabama--10.
(B) Off Florida--10, which is the daily bag limit specified by
Florida for its waters (Rule 46-23.005(1), Florida Administrative
Code). If Florida changes its limit, the bag limit specified in this
paragraph (c)(1)(iv)(B) will be changed to conform to Florida's limit,
provided such limit does not exceed 10.
(C) Off Texas--7, which is the daily bag limit specified by Texas
for its waters (Rule 31-65.72(c)(4)(A), Texas Administrative Code). If
Texas changes its limit, the bag limit specified in this paragraph
(c)(1)(iv)(C) will be changed to conform to Texas' limit, provided such
limit does not exceed 10.
(2) Possession limits. A person who is on a trip that spans more
than 24 hours may possess no more than two daily bag limits, provided
such trip is on a vessel that is operating as a charter vessel or
headboat, the vessel has two licensed operators aboard, and each
passenger is issued and has in possession a receipt issued on behalf of
the vessel that verifies the length of the trip.
(d) South Atlantic snapper-grouper--(1) Bag limits. (i) Greater
amberjack--3.
(ii) Groupers, combined, excluding jewfish and Nassau grouper, and
tilefishes--5.
(iii) Hogfish in the South Atlantic off Florida--5.
(iv) Snappers, combined, excluding cubera snapper measuring 30
inches (76.2 cm), TL, or larger, in the South Atlantic off Florida, and
excluding vermilion snapper--10, of which no more than 2 may be red
snapper. (See Sec. 622.32(c)(2) for limitations on cubera snapper
measuring 30 inches (76.2 cm), TL, or larger, in or from the South
Atlantic EEZ off Florida.)
(v) Vermilion snapper--10.
(2) Possession limits. Provided each passenger is issued and has in
possession a receipt issued on behalf of the vessel that verifies the
duration of the trip--
(i) A person aboard a charter vessel or headboat on a trip that
spans more than 24 hours may possess no more than two daily bag limits.
(ii) A person aboard a headboat on a trip that spans more than 48
hours and who can document that fishing was conducted on at least 3
days may possess no more than three daily bag limits.
(3) Longline bag limits. Other provisions of this paragraph (d)
notwithstanding, a person on a trip aboard a vessel for which the bag
limits apply that has a longline on board is limited on that trip to
the bag limit for South Atlantic snapper-grouper for which a bag limit
is specified in paragraph (d)(1) of this section, and to zero for all
other South Atlantic snapper-grouper. For the purpose of this paragraph
(d)(3), a vessel is considered to have a longline on board when a
power-operated longline hauler, a cable or monofilament of diameter and
length suitable for use in the longline fishery, and gangions are on
board. Removal of any one of these three elements constitutes removal
of a longline.
Sec. 622.40 Limitations on traps and pots.
(a) Tending--(1) Caribbean EEZ. A fish trap or Caribbean spiny
lobster trap in the Caribbean EEZ may be pulled or tended only by a
person (other than an authorized officer) aboard the fish trap or spiny
lobster trap owner's vessel, or aboard another vessel if such vessel
has on board written consent of the trap owner, or if the trap owner is
aboard and has documentation verifying his identification number and
color code. An owner's written consent must specify the time period
such consent is effective and the trap owner's gear identification
number and color code.
(2) Gulf EEZ. A fish trap in the Gulf EEZ may be pulled or tended
only by a person (other than an authorized officer) aboard the vessel
with the fish trap endorsement to fish such trap or aboard another
vessel if such vessel has on board written consent of the owner or
operator of the vessel so endorsed. Such written consent is valid
solely for the removal of fish traps from the EEZ, and harvest of fish
incidental to such removal, when vessel or equipment breakdown prevents
the vessel with the fish trap endorsement from retrieving its traps.
(3) South Atlantic EEZ. A sea bass pot in the South Atlantic EEZ
may be pulled or tended only by a person (other than an authorized
officer) aboard the vessel permitted to fish such pot or aboard another
vessel if such vessel has on board written consent of the owner or
operator of the vessel so permitted.
(b) Escape mechanisms--(1) Caribbean EEZ. (i) A fish trap used or
possessed in the Caribbean EEZ must have a panel located on each of two
sides of the trap, excluding the top, bottom, and side containing the
trap entrance. The opening covered by a panel must measure not less
than 8 by 8 inches (20.3 by 20.3 cm). The mesh size of a panel may not
be smaller than
[[Page 34953]]
the mesh size of the trap. A panel must be attached to the trap with
untreated jute twine with a diameter not exceeding \1/8\ inch (3.2 mm).
An access door may serve as one of the panels, provided it is on an
appropriate side, it is hinged only at its bottom, its only other
fastening is untreated jute twine with a diameter not exceeding \1/8\
inch (3.2 mm), and such fastening is at the top of the door so that the
door will fall open when such twine degrades. Jute twine used to secure
a panel may not be wrapped or overlapped.
(ii) A spiny lobster trap used or possessed in the Caribbean EEZ
must contain on any vertical side or on the top a panel no smaller in
diameter than the throat or entrance of the trap. The panel must be
made of or attached to the trap by one of the following degradable
materials:
(A) Untreated fiber of biological origin with a diameter not
exceeding \1/8\ inch (3.2 mm). This includes, but is not limited to
tyre, palm, hemp, jute, cotton, wool, or silk.
(B) Ungalvanized or uncoated iron wire with a diameter not
exceeding \1/16\ inch (1.6 mm), that is, 16 gauge wire.
(2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must
have at least two escape windows on each of two sides, excluding the
bottom (a total of four escape windows), that are 2 by 2 inches (5.1 by
5.1 cm) or larger. In addition, a fish trap must have a panel or access
door located opposite each side of the trap that has a funnel. The
opening covered by each panel or access door must be 144 in2 (929
cm2) or larger, with one dimension of the area equal to or larger
than the largest interior axis of the trap's throat (funnel) with no
other dimension less than 6 inches (15.2 cm). The hinges and fasteners
of each panel or access door must be constructed of one of the
following degradable materials:
(i) Untreated jute string with a diameter not exceeding \3/16\ inch
(4.8 mm) that is not wrapped or overlapped.
(ii) Magnesium alloy, time float releases (pop-up devices) or
similar magnesium alloy fasteners.
(3) South Atlantic EEZ. (i) A sea bass pot that is used or
possessed in the South Atlantic EEZ north of 28 deg.35.1' N. lat. (due
east of the NASA Vehicle Assembly Building, Cape Canaveral, FL) is
required to have on at least one side, excluding top and bottom, a
panel or door with an opening equal to or larger than the interior end
of the trap's throat (funnel). The hinges and fasteners of each panel
or door must be made of one of the following degradable materials:
(A) Untreated hemp, jute, or cotton string with a diameter not
exceeding \3/16\ inch (4.8 mm).
(B) Magnesium alloy, timed float releases (pop-up devices) or
similar magnesium alloy fasteners.
(C) Ungalvanized or uncoated iron wire with a diameter not
exceeding \1/16\ inch (1.6 mm), that is, 16 gauge wire.
(ii) [Reserved]
(c) Construction requirements and mesh sizes--(1) Caribbean EEZ. A
bare-wire fish trap used or possessed in the EEZ that has hexagonal
mesh openings must have a minimum mesh size of 1.5 inches (3.8 cm) in
the smallest dimension measured between centers of opposite strands. A
bare-wire fish trap used or possessed in the EEZ that has other than
hexagonal mesh openings or a fish trap of other than bare wire, such as
coated wire or plastic, used or possessed in the EEZ, must have a
minimum mesh size of 2.0 inches (5.1 cm) in the smallest dimension
measured between centers of opposite strands.
(2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must
meet all of the following mesh size requirements (based on centerline
measurements between opposite wires or netting strands):
(i) A minimum of 2 in2 (12.9 cm2) opening for each mesh.
(ii) One-inch (2.5-cm) minimum length for the shortest side.
(iii) Minimum distance of 1 inch (2.5 cm) between parallel sides of
rectangular openings, and 1.5 inches (3.8 cm) between parallel sides of
square openings and of mesh openings with more than four sides.
(iv) One and nine-tenths inches (4.8 cm) minimum distance for
diagonal measures of mesh.
(3) South Atlantic EEZ. (i) A sea bass pot used or possessed in the
South Atlantic EEZ must have mesh sizes as follows (based on centerline
measurements between opposite, parallel wires or netting strands):
(A) Hexagonal mesh (chicken wire)--at least 1.5 inches (3.8 cm)
between the wrapped sides;
(B) Square mesh--at least 1.5 inches (3.8 cm) between sides; or
(C) Rectangular mesh--at least 1 inch (2.5 cm) between the longer
sides and 2 inches (5.1 cm) between the shorter sides.
(ii) [Reserved]
(d) Area-specific restrictions--(1) Gulf EEZ. In the Gulf EEZ, a
fish trap may be pulled or tended only from official sunrise to
official sunset. The operator of a vessel from which a fish trap is
deployed in the Gulf EEZ must retrieve all the vessel's fish traps and
return them to port on each trip. A fish trap that is not returned to
port on a trip, and its attached line and buoy, may be disposed of in
any appropriate manner by the Assistant Administrator or an authorized
officer. The owner of such trap and/or the operator of the responsible
vessel is subject to appropriate civil penalties. A buoy that floats on
the surface must be attached to each fish trap, or to each end trap of
traps that are connected by a line, used in the Gulf EEZ. The maximum
allowable size for a fish trap fished in the Gulf EEZ shoreward of the
50-fathom (91.4-m) isobath is 33 ft3 (0.9 m3) in volume. Fish
trap volume is determined by measuring the external dimensions of the
trap, and includes both the enclosed holding capacity of the trap and
the volume of the funnel(s) within those dimensions. There is no size
limitation for fish traps fished seaward of the 50-fathom (91.4-m)
isobath. The maximum number of traps that may be assigned to,
possessed, or fished in the Gulf EEZ by a vessel is 100.
(2) South Atlantic EEZ. In the South Atlantic EEZ, sea bass pots
may not be used or possessed in multiple configurations, that is, two
or more pots may not be attached one to another so that their overall
dimensions exceed those allowed for an individual sea bass pot. This
does not preclude connecting individual pots to a line, such as a
``trawl'' or trot line.
Sec. 622.41 Species specific limitations.
(a) Aquacultured live rock. In the Gulf or South Atlantic EEZ:
(1) Aquacultured live rock may be harvested only under a permit, as
required under Sec. 622.4(a)(3)(iii), and aquacultured live rock on a
site may be harvested only by the person, or his or her employee,
contractor, or agent, who has been issued the aquacultured live rock
permit for the site. A person harvesting aquacultured live rock is
exempt from the prohibition on taking prohibited coral for such
prohibited coral as attaches to aquacultured live rock.
(2) The following restrictions apply to individual aquaculture
activities:
(i) No aquaculture site may exceed 1 acre (0.4 ha) in size.
(ii) Material deposited on the aquaculture site--
(A) May not be placed over naturally occurring reef outcrops,
limestone ledges, coral reefs, or vegetated areas.
(B) Must be free of contaminants.
(C) Must be nontoxic.
(D) Must be placed on the site by hand or lowered completely to the
bottom under restraint, that is, not allowed to fall freely.
[[Page 34954]]
(E) Must be placed from a vessel that is anchored.
(F) In the Gulf EEZ, must be distinguishable, geologically or
otherwise (for example, be indelibly marked or tagged), from the
naturally occurring substrate.
(G) In the South Atlantic EEZ, must be geologically distinguishable
from the naturally occurring substrate and, in addition, may be
indelibly marked or tagged.
(iii) A minimum setback of at least 50 ft (15.2 m) must be
maintained from natural vegetated or hard bottom habitats.
(3) Mechanically dredging or drilling, or otherwise disturbing,
aquacultured live rock is prohibited, and aquacultured live rock may be
harvested only by hand. In addition, the following activities are
prohibited in the South Atlantic: Chipping of aquacultured live rock in
the EEZ, possession of chipped aquacultured live rock in or from the
EEZ, removal of allowable octocoral or prohibited coral from
aquacultured live rock in or from the EEZ, and possession of prohibited
coral not attached to aquacultured live rock or allowable octocoral,
while aquacultured live rock is in possession. See the definition of
``Allowable octocoral'' for clarification of the distinction between
allowable octocoral and live rock. For the purposes of this paragraph
(a)(3), chipping means breaking up reefs, ledges, or rocks into
fragments, usually by means of a chisel and hammer.
(4) Not less than 24 hours prior to harvest of aquacultured live
rock, the owner or operator of the harvesting vessel must provide the
following information to the NMFS Law Enforcement Office, Southeast
Area, St. Petersburg, FL, telephone (813) 570-5344:
(i) Permit number of site to be harvested and date of harvest.
(ii) Name and official number of the vessel to be used in
harvesting.
(iii) Date, port, and facility at which aquacultured live rock will
be landed.
(b) Caribbean reef fish. A marine aquarium fish may be harvested in
the Caribbean EEZ only by a hand-held dip net or by a hand-held slurp
gun. For the purposes of this paragraph, a hand-held slurp gun is a
device that rapidly draws seawater containing fish into a self-
contained chamber, and a marine aquarium fish is a Caribbean reef fish
that is smaller than 5.5 inches (14.0 cm), TL.
(c) King and Spanish mackerel--(1) Prohibited gear. (i) In addition
to the gear restrictions specified in Sec. 622.31, fishing gear is
prohibited for use in the Gulf, Mid-Atlantic, and South Atlantic EEZ
for migratory groups of king and Spanish mackerel as follows:
(A) King mackerel, Gulf migratory group--all gear other than hook
and line and run-around gillnet.
(B) Spanish mackerel, Gulf and Atlantic migratory groups--purse
seines.
(ii) Except for the purse seine incidental catch allowance
specified in paragraph (c)(3) of this section, a vessel in the EEZ in
the area of a migratory group or having fished in the EEZ in such area
with prohibited gear on board may not possess any of the species for
which that gear is prohibited.
(2) Gillnets--(i) King mackerel. The minimum allowable mesh size
for a gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic
EEZ for king mackerel is 4.75 inches (12.1 cm), stretched mesh. A
vessel in the EEZ, or having fished on a trip in the EEZ, with a
gillnet on board that has a mesh size less than 4.75 inches (12.1 cm),
stretched mesh, may possess on that trip an incidental catch of king
mackerel that does not exceed 10 percent, by number, of the total
lawfully possessed Spanish mackerel on board.
(ii) Spanish mackerel. The minimum allowable mesh size for a
gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ
for Spanish mackerel is 3.5 inches (8.9 cm), stretched mesh. A vessel
in the EEZ, or having fished on a trip in the EEZ, with a gillnet on
board that has a mesh size less than 3.5 inches (8.9 cm), stretched
mesh, may not possess on that trip any Spanish mackerel.
(3) Purse seine incidental catch allowance. A vessel in the EEZ, or
having fished in the EEZ, with a purse seine on board will not be
considered as fishing, or having fished, for king or Spanish mackerel
in violation of a prohibition of purse seines under paragraph
(c)(1)(i)(B) of this section, or, in the case of king mackerel from the
Atlantic migratory group, in violation of a closure effected in
accordance with Sec. 622.43(a), provided the king mackerel on board
does not exceed 1 percent, or the Spanish mackerel on board does not
exceed 10 percent, of all fish on board the vessel. Incidental catch
will be calculated by number and/or weight of fish. Neither calculation
may exceed the allowable percentage. Incidentally caught king or
Spanish mackerel are counted toward the quotas provided for under
Sec. 622.42(c) and are subject to the prohibition of sale under
Sec. 622.43(a)(3)(iii).
(d) South Atlantic snapper-grouper--(1) Authorized gear. Subject to
the gear restrictions specified in Sec. 622.31, the following are the
only gear types authorized in directed fishing for snapper-grouper in
the South Atlantic EEZ:
(i) Vertical hook-and-line gear, including a hand-held rod or a rod
attached to a vessel (``bandit'' gear), in either case, with a manual,
electric, or hydraulic reel.
(ii) Spearfishing gear.
(iii) Bottom longline.
(iv) Sea bass pot.
(2) Unauthorized gear. All gear types other than those specified in
paragraph (d)(1) of this section are unauthorized gear and the
following possession and transfer limitations apply.
(i) A vessel with trawl gear on board that fishes in the EEZ on a
trip may possess no more than 200 lb (90.7 kg) of South Atlantic
snapper-grouper, excluding wreckfish, in or from the EEZ on that trip.
It is a rebuttable presumption that a vessel with more than 200 lb
(90.7 kg) of South Atlantic snapper-grouper, excluding wreckfish, on
board harvested such fish in the EEZ.
(ii) Except as specified in paragraph (d)(3) of this section, a
person aboard a vessel with unauthorized gear on board, other than
trawl gear, that fishes in the EEZ on a trip is limited on that trip
to:
(A) South Atlantic snapper-grouper species for which a bag limit is
specified in Sec. 622.39(d)(1)--the bag limit.
(B) All other South Atlantic snapper-grouper--zero.
(iii) South Atlantic snapper-grouper on board a vessel with
unauthorized gear on board may not be transferred at sea, regardless of
where such transfer takes place, and such snapper-grouper may not be
transferred in the EEZ.
(iv) No vessel may receive at sea any South Atlantic snapper-
grouper from a vessel with unauthorized gear on board, as specified in
paragraph (d)(2)(iii) of this section.
(3) Use of sink nets off North Carolina. A vessel that has on board
a commercial permit for South Atlantic snapper-grouper, excluding
wreckfish, that fishes in the EEZ off North Carolina on a trip with a
sink net on board, may retain otherwise legal South Atlantic snapper-
grouper taken on that trip with vertical hook-and-line gear or a sea
bass pot. For the purpose of this paragraph (d)(3), a sink net is a
gillnet with stretched mesh measurements of 3 to 4.75 inches (7.6 to
12.1 cm) that is attached to the vessel when deployed.
Sec. 622.42 Quotas.
Quotas apply for the fishing year for each species or species
group. Except for the quotas for Gulf and South Atlantic coral, the
quotas include species harvested from state waters adjoining the EEZ.
Quotas for species
[[Page 34955]]
managed under this part are as follows. (See Sec. 622.32 for
limitations on taking prohibited and limited-harvest species. The
limitations in Sec. 622.32 apply without regard to whether the species
is harvested by a vessel operating under a commercial vessel permit or
by a person subject to the bag limits.)
(a) Gulf reef fish. Quotas apply to persons who fish under
commercial vessel permits for Gulf reef fish, as required under
Sec. 622.4(a)(2)(v).
(1) Red snapper--3.06 million lb (1.39 million kg), round weight.
(2) Deep-water groupers, that is, yellowedge grouper, misty
grouper, warsaw grouper, snowy grouper, speckled hind, and, after the
quota for shallow-water grouper is reached, scamp, combined--1.6
million lb (0.7 million kg), round weight.
(3) Shallow-water groupers, that is, all groupers other than deep-
water groupers and jewfish, including scamp before the quota for
shallow-water groupers is reached, combined--9.8 million lb (4.4
million kg), round weight.
(b) Gulf and South Atlantic coral--(1) Allowable octocoral. The
quota for all persons who harvest allowable octocoral in the Gulf and
South Atlantic EEZ is 50,000 colonies. A colony is a continuous group
of coral polyps forming a single unit.
(2) Wild live rock in the Gulf. The quota for all persons who
harvest wild live rock in the Gulf EEZ is 500,000 lb (226,796 kg).
Commencing with the fishing year that begins January 1, 1997, the quota
is zero.
(c) King and Spanish mackerel. King and Spanish mackerel quotas
apply to persons who fish under commercial vessel permits for king and
Spanish mackerel, as required under Sec. 622.4(a)(2)(iv). A fish is
counted against the quota for the area where it is caught when it is
first sold.
(1) Migratory groups of king mackerel--(i) Gulf migratory group.
The quota for the Gulf migratory group of king mackerel is 2.50 million
lb (1.13 million kg). The Gulf migratory group is divided into eastern
and western zones separated by 87 deg.31'06'' W. long., which is a line
directly south from the Alabama/Florida boundary. Quotas for the
eastern and western zones are as follows:
(A) Eastern zone--1.73 million lb (0.78 million kg), which is
further divided into quotas as follows:
(1) Florida east coast subzone--865,000 lb (392,357 kg).
(2) Florida west coast subzone--865,000 lb (392,357 kg), which is
further divided into quotas by gear types as follows:
(i) 432,500 lb (196,179 kg) for vessels fishing with hook-and-line
gear.
(ii) 432,500 lb (196,179 kg) for vessels fishing with run-around
gillnets.
(3) The Florida east coast subzone is that part of the eastern zone
north of 25 deg.20.4' N. lat., which is a line directly east from the
Dade/Monroe County, FL, boundary, and the Florida west coast subzone is
that part of the eastern zone south and west of 25 deg.20.4' N. lat.
(B) Western zone--0.77 million lb (0.35 million kg).
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of king mackerel is 2.70 million lb (1.22 million kg). No more
than 0.4 million lb (0.18 million kg) may be harvested by purse seines.
(2) Migratory groups of Spanish mackerel--(i) Gulf migratory group.
The quota for the Gulf migratory group of Spanish mackerel is 4.90
million lb (2.22 million kg).
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of Spanish mackerel is 4.70 million lb (2.13 million kg).
(d) Royal red shrimp in the Gulf. The quota for all persons who
harvest royal red shrimp in the Gulf is 392,000 lb (177.8 mt), tail
weight.
(e) South Atlantic snapper-grouper, excluding wreckfish. The quotas
apply to persons who are not subject to the bag limits. (See
Sec. 622.39(a)(1) for applicability of the bag limits.)
(1) Snowy grouper--344,508 lb (156,266 kg), gutted weight, that is,
eviscerated but otherwise whole.
(2) Golden tilefish--1,001,663 lb (454,347 kg), gutted weight, that
is, eviscerated but otherwise whole.
(f) Wreckfish. The quota for wreckfish applies to wreckfish
shareholders, or their employees, contractors, or agents, and is 2
million lb (907,185 kg), round weight. See Sec. 622.15 for information
on the wreckfish shareholder under the ITQ system.
Sec. 622.43 Closures.
(a) General. When a quota specified in Sec. 622.42 is reached, or
is projected to be reached, the Assistant Administrator will file a
notification to that effect with the Office of the Federal Register. On
and after the effective date of such notification, for the remainder of
the fishing year, the following closure restrictions apply:
(1) Gulf reef fish. The bag and possession limits specified in
Sec. 622.39(b) apply to all harvest in the Gulf EEZ of the indicated
species, and the sale or purchase of the indicated species taken from
the Gulf EEZ is prohibited.
(2) Gulf and South Atlantic coral--(i) Allowable octocoral.
Allowable octocoral may not be harvested or possessed in the Gulf or
South Atlantic EEZ and the sale or purchase of allowable octocoral in
or from the Gulf or South Atlantic EEZ is prohibited.
(ii) Wild live rock in the Gulf. Wild live rock may not be
harvested or possessed in the Gulf EEZ and the sale or purchase of wild
live rock in or from the Gulf EEZ is prohibited.
(3) King and Spanish mackerel. The closure provisions of this
paragraph (a)(3) do not apply to Atlantic migratory group Spanish
mackerel, which are managed under the commercial trip limits specified
in Sec. 622.44(b) in lieu of the closure provisions of this section.
(i) A person aboard a vessel for which a commercial permit for king
and Spanish mackerel has been issued, as required under
Sec. 622.4(a)(2)(iv), may not fish for king or Spanish mackerel in the
EEZ or retain fish in or from the EEZ under a bag or possession limit
specified in Sec. 622.39(c) for the closed species, migratory group,
zone, subzone, or gear type, except as provided for under paragraph
(a)(3)(ii) of this section.
(ii) A person aboard a vessel for which the permit indicates both
commercial king and Spanish mackerel and charter vessel/headboat for
coastal migratory pelagic fish may continue to retain fish under a bag
and possession limit specified in Sec. 622.39(c), provided the vessel
is operating as a charter vessel or headboat.
(iii) The sale or purchase of king or Spanish mackerel of the
closed species, migratory group, zone, subzone, or gear type is
prohibited, including such king or Spanish mackerel taken under the bag
limits.
(4) Royal red shrimp in the Gulf. Royal red shrimp in or from the
Gulf EEZ may not be retained, and the sale or purchase of royal red
shrimp taken from the Gulf EEZ is prohibited.
(5) South Atlantic snapper-grouper, excluding wreckfish. There are
no closure provisions for South Atlantic snapper grouper, other than
for wreckfish. Golden tilefish and snowy grouper, for which there are
quotas, are managed under the commercial trip limits specified in
Sec. 622.44(a) in lieu of the closure provisions of this section.
(6) Wreckfish. Wreckfish in or from the South Atlantic EEZ may not
be retained, and the sale or purchase of wreckfish taken from the South
Atlantic EEZ is prohibited.
(b) Exception to prohibition on sale/purchase. (1) The prohibition
on sale/purchase during a closure for Gulf reef fish, king and Spanish
mackerel, royal red shrimp, or wreckfish in paragraph (a)(1),
(a)(3)(iii), (a)(4), or (a)(6) of this section does not apply to the
indicated
[[Page 34956]]
species that were harvested, landed ashore, and bartered, traded, or
sold prior to the effective date of the closure and were held in cold
storage by a dealer or processor.
(2) The prohibition on sale/purchase during a closure for allowable
octocoral or wild live rock in paragraph (a)(2)(i) or (a)(2)(ii) of
this section does not apply to allowable octocoral or wild live rock
that was harvested and landed ashore prior to the effective date of the
closure.
Sec. 622.44 Commercial trip limits.
Commercial trip limits are limits on the amount of the applicable
species that may be possessed on board or landed, purchased, or sold
from a vessel per day. A person who fishes in the EEZ may not combine a
trip limit specified in this section with any trip or possession limit
applicable to state waters. A species subject to a trip limit specified
in this section taken in the EEZ may not be transferred at sea,
regardless of where such transfer takes place, and such species may not
be transferred in the EEZ. For fisheries governed by this part,
commercial trip limits apply as follows:
(a) King mackerel. Commercial trip limits are established for Gulf
migratory group king mackerel in the eastern zone as follows. (See
Sec. 622.42(c)(1)(i) for specification of the eastern zone and
Sec. 622.42(c)(1)(i)(A)(3) for specifications of the subzones in the
eastern zone.)
(1) Florida east coast subzone. In the Florida east coast subzone,
king mackerel in or from the EEZ may be possessed on board or landed
from a vessel for which a commercial permit for king and Spanish
mackerel has been issued, as required under Sec. 622.4(a)(2)(iv)--
(i) From November 1, each fishing year, until 75 percent of the
subzone's fishing year quota of king mackerel has been harvested--in
amounts not exceeding 50 king mackerel per day.
(ii) From the date that 75 percent of the subzone's fishing year
quota of king mackerel has been harvested until a closure of the
Florida east coast subzone has been effected under Sec. 622.43(a)--in
amounts not exceeding 25 king mackerel per day. However, if 75 percent
of the subzone's quota has not been harvested by March 1, the vessel
limit remains at 50 king mackerel per day until the subzone's quota is
filled or until March 31, whichever occurs first.
(2) Florida west coast subzone--(i) Gillnet gear. (A) In the
Florida west coast subzone, king mackerel in or from the EEZ may be
possessed on board or landed from a vessel for which a commercial
permit with a gillnet endorsement has been issued, as required under
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure
of the Florida west coast subzone's fishery for vessels fishing with
run-around gillnets has been effected under Sec. 622.43(a)--in amounts
not exceeding 25,000 lb (11,340 kg) per day.
(B) In the Florida west coast subzone:
(1) King mackerel in or from the EEZ may be possessed on board or
landed from a vessel that uses or has on board a run-around gillnet on
a trip only when such vessel has on board a commercial permit for king
and Spanish mackerel with a gillnet endorsement.
(2) King mackerel from the west coast subzone landed by a vessel
for which such commercial permit with endorsement has been issued will
be counted against the run-around gillnet quota of
Sec. 622.42(c)(1)(i)(A)(2)(ii).
(3) King mackerel in or from the EEZ harvested with gear other than
run-around gillnet may not be retained on board a vessel for which such
commercial permit with endorsement has been issued.
(ii) Hook-and-line gear. In the Florida west coast subzone, king
mackerel in or from the EEZ may be possessed on board or landed from a
vessel with a commercial permit for king and Spanish mackerel, as
required by Sec. 622.4(a)(2)(iv), and operating under the hook-and-line
gear quota in Sec. 622.42(c)(1)(i)(A)(2)(i):
(A) From July 1, each fishing year, until 75 percent of the
subzone's hook-and-line gear quota has been harvested--in amounts not
exceeding 125 king mackerel per day.
(B) From the date that 75 percent of the subzone's hook-and-line
gear quota has been harvested until a closure of the west coast
subzone's hook-and-line fishery has been effected under
Sec. 622.43(a)--in amounts not exceeding 50 king mackerel per day.
(3) Notice of trip limit changes. The Assistant Administrator, by
filing a notification of trip limit change with the Office of the
Federal Register, will effect the trip limit changes specified in
paragraphs (a)(1) and (a)(2)(ii) of this section when the requisite
harvest level has been reached or is projected to be reached.
(b) Spanish mackerel. (1) Commercial trip limits are established
for Atlantic migratory group Spanish mackerel as follows:
(i) North of 30 deg.42'45.6'' N. lat., which is a line directly
east from the Georgia/Florida boundary, Spanish mackerel in or from the
EEZ may not be possessed on board or landed in a day from a vessel for
which a permit for king and Spanish mackerel has been issued, as
required under Sec. 622.4(a)(2)(iv), in amounts exceeding 3,500 lb
(1,588 kg).
(ii) South of 30 deg.42'45.6'' N. lat., Spanish mackerel in or from
the EEZ may not be possessed on board or landed in a day from a vessel
for which a permit for king and Spanish mackerel has been issued, as
required under Sec. 622.4(a)(2)(iv)--
(A) From April 1 through November 30, in amounts exceeding 1,500 lb
(680 kg).
(B) From December 1 until 75 percent of the adjusted quota is
taken, in amounts as follows:
(1) Mondays, Wednesdays, and Fridays--unlimited.
(2) Tuesdays and Thursdays--not exceeding 1,500 lb (680 kg).
(3) Saturdays and Sundays--not exceeding 500 lb (227 kg).
(C) After 75 percent of the adjusted quota is taken until 100
percent of the adjusted quota is taken, in amounts not exceeding 1,000
lb (454 kg).
(D) After 100 percent of the adjusted quota is taken through the
end of the fishing year, in amounts not exceeding 500 lb (227 kg).
(2) For the purpose of paragraph (b)(1)(ii) of this section, the
adjusted quota is 4.45 million lb (2.02 million kg). The adjusted quota
is the quota for Atlantic migratory group Spanish mackerel reduced by
an amount calculated to allow continued harvests of Atlantic migratory
group Spanish mackerel at the rate of 500 lb (227 kg) per vessel per
day for the remainder of the fishing year after the adjusted quota is
reached. By filing a notification with the Office of the Federal
Register, the Assistant Administrator will announce when 75 percent and
100 percent of the adjusted quota is reached or is projected to be
reached.
(3) For the purpose of paragraph (b)(1)(ii) of this section, a day
starts at 6 a.m., local time, and extends for 24 hours. If a vessel
terminates a trip prior to 6 a.m., but retains Spanish mackerel on
board after that time, the Spanish mackerel retained on board will not
be considered in possession during the succeeding day, provided the
vessel is not underway between 6 a.m. and the time such Spanish
mackerel are unloaded, and provided such Spanish mackerel are unloaded
prior to 6 p.m.
(c) Golden tilefish and snowy grouper. A person who fishes in the
South Atlantic EEZ on a trip and who is not subject to the bag limits
may not exceed the following trip limits. (See Sec. 622.39(a) for
applicability of the bag limits.)
(1) Golden tilefish (round weight or gutted weight, that is,
eviscerated but otherwise whole):
[[Page 34957]]
(i) Until the fishing year quota specified in Sec. 622.42(e)(2) is
reached, 5,000 lb (2,268 kg).
(ii) After the fishing year quota specified in Sec. 622.42(e)(2) is
reached, 300 lb (136 kg).
(2) Snowy grouper (round weight or gutted weight, that is,
eviscerated but otherwise whole):
(i) Until the fishing year quota specified in Sec. 622.42(e)(1) is
reached, 2,500 lb (1,134 kg).
(ii) After the fishing year quota specified in Sec. 622.42(e)(1) is
reached, 300 lb (136 kg).
(d) Gulf wild live rock. Until the quota for wild live rock from
the Gulf EEZ is reached in 1996, a daily vessel limit of twenty-five 5-
gallon (19-L) buckets, or volume equivalent (16.88 ft\3\ (478.0 L)),
applies to the harvest or possession of wild live rock in or from the
Gulf EEZ, regardless of the number or duration of trips.
Sec. 622.45 Restrictions on sale/purchase.
In addition to restrictions on sale/purchase related to closures,
as specified in Sec. 622.43 (a) and (b), restrictions on sale and/or
purchase apply as follows.
(a) Caribbean coral reef resource. (1) No person may sell or
purchase a Caribbean prohibited coral harvested in the Caribbean EEZ.
(2) A Caribbean prohibited coral that is sold in Puerto Rico or the
U.S. Virgin Islands will be presumed to have been harvested in the
Caribbean EEZ, unless it is accompanied by documentation showing that
it was harvested elsewhere. Such documentation must contain:
(i) The information specified in subpart K of part 300 of this
title for marking containers or packages of fish or wildlife that are
imported, exported, or transported in interstate commerce.
(ii) The name and home port of the vessel, or the name and address
of the individual, harvesting the Caribbean prohibited coral.
(iii) The port and date of landing the Caribbean prohibited coral.
(iv) A statement signed by the person selling the Caribbean
prohibited coral attesting that, to the best of his or her knowledge,
information, and belief, such Caribbean prohibited coral was harvested
other than in the Caribbean EEZ or the waters of Puerto Rico or the
U.S. Virgin Islands.
(b) Caribbean reef fish. A live red hind or live mutton snapper in
or from the Caribbean EEZ may not be sold or purchased and used in the
marine aquarium trade.
(c) Gulf reef fish. (1) A Gulf reef fish harvested in the EEZ on
board a vessel that does not have a valid commercial permit for Gulf
reef fish, as required under Sec. 622.4(a)(2)(v), or a Gulf reef fish
possessed under the bag limits specified in Sec. 622.39(b), may not be
sold or purchased.
(2) A Gulf reef fish harvested on board a vessel that has a valid
commercial permit for Gulf reef fish may be sold only to a dealer who
has a valid permit for Gulf reef fish, as required under
Sec. 622.4(a)(4).
(3) A Gulf reef fish harvested in the EEZ may be purchased by a
dealer who has a valid permit for Gulf reef fish, as required under
Sec. 622.4(a)(4), only from a vessel that has a valid commercial permit
for Gulf reef fish.
(d) South Atlantic snapper-grouper. (1) A person may sell South
Atlantic snapper-grouper harvested in the EEZ only to a dealer who has
a valid permit for South Atlantic snapper-grouper, as required under
Sec. 622.4(a)(4).
(2) A person may purchase South Atlantic snapper-grouper harvested
in the EEZ only from a vessel that has a valid commercial permit for
South Atlantic snapper-grouper, as required under Sec. 622.4(a)(2)(iv),
or from a person who has a valid commercial license to sell fish in the
state where the purchase occurs.
(3) Except for the sale or purchase of South Atlantic snapper-
grouper harvested by a vessel that has a valid commercial permit for
South Atlantic snapper-grouper, the sale or purchase of such fish is
limited to the bag limits specified in Sec. 622.39(d)(1).
(4) A warsaw grouper or speckled hind in or from the South Atlantic
EEZ may not be sold or purchased.
(e) South Atlantic wild live rock. Wild live rock in or from the
South Atlantic EEZ may not be sold or purchased. The prohibition on
sale or purchase does not apply to wild live rock that was harvested
and landed prior to January 1, 1996.
Sec. 622.46 Prevention of gear conflicts.
(a) No person may knowingly place in the Gulf EEZ any article,
including fishing gear, that interferes with fishing or obstructs or
damages fishing gear or the fishing vessel of another; or knowingly use
fishing gear in such a fashion that it obstructs or damages the fishing
gear or fishing vessel of another.
(b) In accordance with the procedures and restrictions of the FMP
for the Shrimp Fishery of the Gulf of Mexico, the RD may modify or
establish separation zones for shrimp trawling and the use of fixed
gear to prevent gear conflicts. Necessary prohibitions or restrictions
will be published in the Federal Register.
(c) In accordance with the procedures and restrictions of the FMP
for Coastal Migratory Pelagic Resources, when the RD determines that a
conflict exists in the king mackerel fishery between hook-and-line and
gillnet fishermen in the South Atlantic EEZ off the east coast of
Florida between 27 deg.00.6' N. lat. and 27 deg.50.0' N. lat., the RD
may prohibit or restrict the use of hook-and-line and/or gillnets in
all or a portion of that area. Necessary prohibitions or restrictions
will be published in the Federal Register.
Sec. 622.47 Gulf groundfish trawl fishery.
Gulf groundfish trawl fishery means fishing in the Gulf EEZ by a
vessel that uses a bottom trawl, the unsorted catch of which is ground
up for animal feed or industrial products.
(a) Other provisions of this part notwithstanding, the owner or
operator of a vessel in the Gulf groundfish trawl fishery is exempt
from the following requirements and limitations for the vessel's
unsorted catch of Gulf reef fish:
(1) The requirement for a valid commercial vessel permit for Gulf
reef fish in order to sell Gulf reef fish.
(2) Minimum size limits for Gulf reef fish.
(3) Bag limits for Gulf reef fish.
(4) The prohibition on sale of Gulf reef fish after a quota
closure.
(b) Other provisions of this part notwithstanding, a dealer in a
Gulf state is exempt from the requirement for a dealer permit for Gulf
reef fish to receive Gulf reef fish harvested from the Gulf EEZ by a
vessel in the Gulf groundfish trawl fishery.
Sec. 622.48 Adjustment of management measures.
In accordance with the framework procedures of the applicable FMPs,
the RD may establish or modify the following management measures:
(a) Caribbean coral reef resources. Species for which management
measures may be specified; prohibited species; harvest limitations,
including quotas, trip, or daily landing limits; gear restrictions;
closed seasons or areas; and marine conservation districts.
(b) Caribbean reef fish. Size limits, closed seasons or areas, fish
trap mesh size, and the threshold level for overfishing.
(c) Coastal migratory pelagic fish. For cobia or for migratory
groups of king or Spanish mackerel: MSY, TAC, quotas, bag limits, size
limits, vessel trip limits, closed seasons or areas, gear restrictions,
and initial permit requirements.
(d) Gulf reef fish. (1) For species or species groups: Target dates
for
[[Page 34958]]
rebuilding overfished species, TAC, bag limits, size limits, vessel
trip limits, closed seasons or areas, gear restrictions, and quotas.
(2) SMZs and the gear restrictions applicable in each.
(e) Gulf royal red shrimp. MSY, OY, and TAC.
(f) South Atlantic snapper-grouper and wreckfish. For species or
species groups: Target dates for rebuilding overfished species, MSY,
ABC, TAC, quotas, trip limits, bag limits, minimum sizes, gear
restrictions (ranging from regulation to complete prohibition), and
seasonal or area closures.
Appendix A to Part 622--Species Tables
Table 1 of Appendix A to Part 622--Caribbean Coral Reef Resources
I. Sponges--Phylum Porifera
A. Demosponges--Class Demospongiae
Aphimedon compressa, Erect rope sponge
Chondrilla nucula, Chicken liver sponge
Cynachirella alloclada
Geodia neptuni, Potato sponge
Haliclona sp., Finger sponge
Myriastra sp.
Niphates digitalis, Pink vase sponge
N. erecta, Lavender rope sponge
Spinosella policifera
S. vaginalis
Tethya crypta
II. Coelenterates--Phylum Coelenterata
A. Hydrocorals--Class Hydrozoa
1. Hydroids--Order Athecatae
Family Milleporidae
Millepora spp., Fire corals
Family Stylasteridae
Stylaster roseus, Rose lace corals
B. Anthozoans--Class Anthozoa
1. Soft corals--Order Alcyonacea
Family Anthothelidae
Erythropodium caribaeorum, Encrusting gorgonian
Iciligorgia schrammi, Deepwater sea fan
Family Briaridae
Briareum asbestinum, Corky sea finger
Family Clavulariidae
Carijoa riisei
Telesto spp.
2. Gorgonian corals--Order Gorgonacea
Family Ellisellidae
Ellisella spp., Sea whips
Family Gorgoniidae
Gorgonia flabellum, Venus sea fan
G. mariae, Wide-mesh sea fan
G. ventalina, Common sea fan
Pseudopterogorgia acerosa, Sea plume
P. albatrossae
P. americana, Slimy sea plume
P. bipinnata, Bipinnate plume
P. rigida
Pterogorgia anceps, Angular sea whip
P. citrina, Yellow sea whip
Family Plexauridae
Eunicea calyculata, Warty sea rod
E. clavigera
E. fusca, Doughnut sea rod
E. knighti
E. laciniata
E. laxispica
E. mammosa, Swollen-knob
E. succinea, Shelf-knob sea rod
E. touneforti
Muricea atlantica
M. elongata, Orange spiny rod
M. laxa, Delicate spiny rod
M. muricata, Spiny sea fan
M. pinnata, Long spine sea fan
Muriceopsis sp.
M. flavida, Rough sea plume
M. sulphurea
FR Doc. 96-16254 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
Plexaura flexuosa, Bent sea rod
P. homomalla, Black sea rod
Plexaurella dichotoma, Slit-pore sea rod
P. fusifera
P. grandiflora
P. grisea
P. nutans, Giant slit-pore
Pseudoplexaura crucis
P. flagellosa
P. porosa, Porous sea rod
P. wagenaari
3. Hard Corals--Order Scleractinia
Family Acroporidae
Acropora cervicornis, Staghorn coral
A. palmata, Elkhorn coral
A. prolifera, Fused staghorn
Family Agaricidae
Agaricia agaricities, Lettuce leaf coral
A. fragilis, Fragile saucer
A. lamarcki, Lamarck's sheet
A. tenuifolia, Thin leaf lettuce
Leptoseris cucullata, Sunray lettuce
Family Astrocoeniidae
Stephanocoenia michelinii, Blushing star
Family Caryophyllidae
Eusmilia fastigiata, Flower coral
Tubastrea aurea, Cup coral
Family Faviidae
Cladocora arbuscula, Tube coral
Colpophyllia natans, Boulder coral
Diploria clivosa, Knobby brain coral
D. labyrinthiformis, Grooved brain
D. strigosa, Symmetrical brain
Favia fragum, Golfball coral
Manicina areolata, Rose coral
M. mayori, Tortugas rose coral
Montastrea annularis, Boulder star coral
M. cavernosa, Great star coral
Solenastrea bournoni, Smooth star coral
Family Meandrinidae
Dendrogyra cylindrus, Pillar coral
Dichocoenia stellaris, Pancake star
D. stokesi, Elliptical star
Meandrina meandrites, Maze coral
Family Mussidae
Isophyllastrea rigida, Rough star coral
Isophyllia sinuosa, Sinuous cactus
Mussa angulosa, Large flower coral
Mycetophyllia aliciae, Thin fungus coral
M. danae, Fat fungus coral
M. ferox, Grooved fungus
M. lamarckiana, Fungus coral
Scolymia cubensis, Artichoke coral
S. lacera, Solitary disk
Family Oculinidae
Oculina diffusa, Ivory bush coral
Family Pocilloporidae
Madracis decactis, Ten-ray star coral
M. mirabilis, Yellow pencil
Family Poritidae
Porites astreoides, Mustard hill coral
P. branneri, Blue crust coral
P. divaricata, Small finger coral
P. porites, Finger coral
Family Rhizangiidae
Astrangia solitaria, Dwarf cup coral
Phyllangia americana, Hidden cup coral
Family Siderastreidae
Siderastrea radians, Lesser starlet
S. siderea, Massive starlet
4. Black Corals--Order Antipatharia
Antipathes spp., Bushy black coral
Stichopathes spp., Wire coral
5. Anemones--Order Actiniaria
Aiptasia tagetes, Pale anemone
Bartholomea annulata, Corkscrew anemone
Condylactis gigantea, Giant pink-tipped anemone
Hereractis lucida, Knobby anemone
Lebrunia spp., Staghorn anemone
Stichodactyla helianthus, Sun anemone
6. Colonial Anemones--Order Zoanthidea
Zoanthus spp., Sea mat
7. False Corals--Order Corallimorpharia
Discosoma spp. (formerly Rhodactis), False coral
Ricordia florida, Florida false coral
III. Annelid Worms--Phylum Annelida
A. Polychaetes--Class Polychaeta
Family Sabellidae, Feather duster worms
Sabellastarte spp., Tube worms
S. magnifica, Magnificent duster
Family Serpulidae
Spirobranchus giganteus, Christmas tree worm
IV. Mollusks--Phylum Mollusca
A. Gastropods--Class Gastropoda
Family Elysiidae
Tridachia crispata, Lettuce sea slug
Family Olividae
Oliva reticularis, Netted olive
Family Ovulidae
Cyphoma gibbosum, Flamingo tongue
Family Ranellidae
Charonia tritonis, Atlantic triton trumpet
Family Strombidae, Winged conchs
Strombus spp. (except Queen conch, S. gigas)
B. Bivalves--Class Bivalvia
Family Limidae
Lima spp., Fileclams
L. scabra, Rough fileclam
Family Spondylidae
Spondylus americanus, Atlantic thorny oyster
C. Cephalopods--Class Cephalopoda
1. Octopuses--Order Octopoda
Family Octopodidae
Octopus spp. (except the Common octopus, O. vulgaris)
V. Arthropods--Phylum Arthropoda
A. Crustaceans--Subphylum Crustacea
1. Decapods--Order Decapoda
Family Alpheidae
Alpheaus armatus, Snapping shrimp
Family Diogenidae
Paguristes spp., Hermit crabs
P. cadenati, Red reef hermit
Family Grapsidae
Percnon gibbesi, Nimble spray crab
Family Hippolytidae
Lysmata spp., Peppermint shrimp
Thor amboinensis, Anemone shrimp
Family Majidae, Coral crabs
Mithrax spp., Clinging crabs
M. cinctimanus, Banded clinging
M. sculptus, Green clinging
Stenorhynchus seticornis, Yellowline arrow
Family Palaemonida
Periclimenes spp., Cleaner shrimp
[[Page 34959]]
Family Squillidae, Mantis crabs
Gonodactylus spp.
Lysiosquilla spp.
Family Stenopodidae, Coral shrimp
Stenopus hispidus, Banded shrimp
S. scutellatus, Golden shrimp
VI. Bryozoans--Phylum Bryozoa
VII. Echinoderms--Phylum Echinodermata
A. Feather stars--Class Crinoidea
Analcidometra armata, Swimming crinoid
Davidaster spp., Crinoids
Nemaster spp., Crinoids
B. Sea stars--Class Asteroidea
Astropecten spp., Sand stars
Linckia guildingii, Common comet star
Ophidiaster guildingii, Comet star
Oreaster reticulatus, Cushion sea star
C. Brittle and basket stars--Class Ophiuroidea
Astrophyton muricatum, Giant basket star
Ophiocoma spp., Brittlestars
Ophioderma spp., Brittlestars
O. rubicundum, Ruby brittlestar
D. Sea Urchins--Class Echinoidea
Diadema antillarum, Long-spined urchin
Echinometra spp., Purple urchin
Eucidaris tribuloides, Pencil urchin
Lytechinus spp., Pin cushion urchin
Tripneustes ventricosus, Sea egg
E. Sea Cucumbers--Class Holothuroidea
Holothuria spp., Sea cucumbers
VIII. Chordates--Phylum Chordata
A. Tunicates--Subphylum Urochordata
IX. Green Algae--Phylum Chlorophyta
Caulerpa spp., Green grape algae
Halimeda spp., Watercress algae
Penicillus spp., Neptune's brush
Udotea spp., Mermaid's fan
Ventricaria ventricosa, Sea pearls
X. Red Algae--Phylum Rhodophyta
XI. Sea grasses--Phylum Angiospermae
Halodule wrightii, Shoal grass
Halophila spp., Sea vines
Ruppia maritima, Widgeon grass
Syringodium filiforme, Manatee grass
Thalassia testudium, Turtle grass
Table 2 of Appendix A to Part 622--Caribbean Reef Fish
Acanthuridae--Surgeonfishes
Ocean surgeonfish, Acanthurus bahianus
Doctorfish, Acanthurus chirurgus
Blue tang, Acanthurus coeruleus
Antennariidae--Frogfishes
Frogfish, Antennarius spp.
Apogonidae--Cardinalfishes
Flamefish, Apogon maculatus
Conchfish, Astrapogen stellatus
Aulostomidae--Trumpetfishes
Trumpetfish, Aulostomus maculatus
Balistidae--Leatherjackets
Scrawled filefish, Aluterus scriptus
Queen triggerfish, Balistes vetula
Whitespotted filefish, Cantherhines macrocerus
Ocean triggerfish, Canthidermis sufflamen
Black durgon, Melichthys niger
Sargassum triggerfish, Xanthichthys rigens
Blenniidae--Combtooth blennies
Redlip blenny, Ophioblennius atlanticus
Bothidae--Lefteye flounders
Peacock flounder, Bothus lunatus
Carangidae--Jacks
Yellow jack, Caranx bartholomaei
Blue runner, Caranx crysos
Horse-eye jack, Caranx latus
Black jack, Caranx lugubris
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Almaco jack, Seriola rivoliana
Chaetodontidae--Butterflyfishes
Longsnout butterflyfish, Chaetodon aculeatus
Foureye butterflyfish, Chaetodon capistratus
Spotfin butterflyfish, Chaetodon ocellatus
Banded butterflyfish, Chaetodon striatus
Cirrhitidae--Hawkfishes
Redspotted hawkfish, Amblycirrhitus pinos
Dactylopteridae--Flying gurnards
Flying gurnard, Dactylopterus volitans
Ephippidae--Spadefishes
Atlantic spadefish, Chaetodipterus faber
Gobiidae--Gobies
Neon goby, Gobiosoma oceanops
Rusty goby, Priolepis hipoliti
Grammatidae--Basslets
Royal gramma, Gramma loreto
Haemulidae--Grunts
Porkfish, Anisotremus virginicus
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
French grunt, Haemulon flavolineatum
White grunt, Haemulon plumieri
Bluestriped grunt, Haemulon sciurus
Holocentridae--Squirrelfishes
Squirrelfish, Holocentrus adscensionis
Longspine squirrelfish, Holocentrus rufus
Blackbar soldierfish, Myripristis jacobus
Cardinal soldierfish, Plectrypops retrospinis
Labridae--Wrasses
Spanish hogfish, Bodianus rufus
Creole wrasse, Clepticus parrae
Yellowcheek wrasse, Halichoeres cyanocephalus
Yellowhead wrasse, Halichoeres garnoti
Clown wrasse, Halichoeres maculipinna
Puddingwife, Halichoeres radiatus
Pearly razorfish, Hemipteronotus novacula
Green razorfish, Hemipteronotus splendens
Hogfish, Lachnolaimus maximus
Bluehead wrasse, Thalassoma bifasciatum
Lutjanidae--Snappers
Black snapper, Apsilus dentatus
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Schoolmaster, Lutjanus apodus
Blackfin snapper, Lutjanus buccanella
Gray snapper, Lutjanus griseus
Dog snapper, Lutjanus jocu
Mahogany snapper, Lutjanus mahogani
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Wenchman, Pristipomoides aquilonaris
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Blackline tilefish, Caulolatilus cyanops
Sand tilefish, Malacanthus plumieri
Mullidae--Goatfishes
Yellow goatfish, Mulloidichthys martinicus
Spotted goatfish, Pseudupeneus maculatus
Muraenidae--Morays
Chain moray, Echidna catenata
Green moray, Gymnothorax funebris
Goldentail moray, Gymnothorax miliaris
Ogcocephalidae--Batfishes
Batfish, Ogcocepahalus spp.
Ophichthidae--Snake eels
Goldspotted eel, Myrichthys ocellatus
Opistognathidae--Jawfishes
Yellowhead jawfish, Opistognathus aurifrons
Dusky jawfish, Opistognathus whitehursti
Ostraciidae--Boxfishes
Spotted trunkfish, Lactophrys bicaudalis
Honeycomb cowfish, Lactophrys polygonia
Scrawled cowfish, Lactophrys quadricornis
Trunkfish, Lactophrys trigonus
Smooth trunkfish, Lactophrys triqueter
Pomacanthidae--Angelfishes
Cherubfish, Centropyge argi
Queen angelfish, Holacanthus ciliaris
Rock beauty, Holacanthus tricolor
Gray angelfish, Pomacanthus arcuatus
French angelfish, Pomacanthus paru
Pomacentridae--Damselfishes
Sergeant major, Abudefduf saxatilis
Blue chromis, Chromis cyanea
Sunshinefish, Chromis insolata
Yellowtail damselfish, Microspathodon chrysurus
Dusky damselfish, Pomacentrus fuscus
Beaugregory, Pomacentrus leucostictus
Bicolor damselfish, Pomacentrus partitus
Threespot damselfish, Pomacentrus planifrons
Priacanthidae--Bigeyes
Bigeye, Priacanthus arenatus
Glasseye snapper, Priacanthus cruentatus
Scaridae--Parrotfishes
Midnight parrotfish, Scarus coelestinus
Blue parrotfish, Scarus coeruleus
Striped parrotfish, Scarus croicensis
Rainbow parrotfish, Scarus guacamaia
Princess parrotfish, Scarus taeniopterus
Queen parrotfish, Scarus vetula
Redband parrotfish, Sparisoma aurofrenatum
Redtail parrotfish, Sparisoma chrysopterum
Redfin parrotfish, Sparisoma rubripinne
Stoplight parrotfish, Sparisoma viride
Sciaenidae--Drums
High-hat, Equetus acuminatus
Jackknife-fish, Equetus lanceolatus
Spotted drum, Equetus punctatus
Scorpaenidae--Scorpionfishes
Serranidae--Sea basses
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Jewfish, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Nassau Grouper, Epinephelus striatus
Butter hamlet, Hypoplectrus unicolor
Swissguard basslet, Liopropoma rubre
Yellowfin grouper, Mycteroperca venenosa
Tiger grouper, Mycteroperca tigris
Creole-fish, Paranthias furcifer
Greater soapfish, Rypticus saponaceus
Orangeback bass, Serranus annularis
Lantern bass, Serranus baldwini
Tobaccofish, Serranus tabacarius
Harlequin bass, Serranus tigrinus
Chalk bass, Serranus tortugarum
Soleidae--Soles
Caribbean tonguefish, Symphurus arawak
Sparidae--Porgies
Sea bream, Archosargus rhomboidalis
Jolthead porgy, Calamus bajonado
Sheepshead porgy, Calamus penna
Pluma, Calamus pennatula
Syngnathidae--Pipefishes
[[Page 34960]]
Seahorses, Hippocampus spp.
Pipefishes, Syngnathus spp.
Synodontidae--Lizardfishes
Sand diver, Synodus intermedius
Tetraodontidae--Puffers
Sharpnose puffer, Canthigaster rostrata
Porcupinefish, Diodon hystrix
Table 3 of Appendix A to Part 622--Gulf Reef Fish
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Queen triggerfish, Balistes vetula
Carangidae--Jacks
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Haemulidae--Grunts
Tomtate, Haemulon aurolineatum
White grunt, Haemulon plumieri
Pigfish, Orthopristis chrysoptera
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Schoolmaster, Lutjanus apodus
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray (mangrove) snapper, Lutjanus griseus
Dog snapper, Lutjanus jocu
Mahogany snapper, Lutjanus mahogoni
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Wenchman, Pristipomoides aquilonaris
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Goldface tilefish, Caulolatilus chrysops
Blackline tilefish, Caulolatilus cyanops
Anchor tilefish, Caulolatilus intermedius
Blueline tilefish, Caulolatilus microps
Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Sea Basses and Groupers
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Black sea bass, Centropristis striata
Dwarf sand perch, Diplectrum bivittatum
Sand perch, Diplectrum formosum
Rock hind, Epinephelus adscensionis
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Red hind, Epinephelus guttatus
Jewfish, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
Sparidae--Porgies
Grass porgy, Calamus arctifrons
Jolthead porgy, Calamus bajonado
Knobbed porgy, Calamus nodosus
Littlehead porgy, Calamus proridens
Pinfish, Lagodon rhomboides
Red porgy, Pagrus
Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Queen triggerfish, Balistes vetula
Ocean triggerfish, Canthidermis sufflamen
Carangidae--Jacks
Yellow jack, Caranx bartholomaei
Blue runner, Caranx crysos
Crevalle jack, Caranx hippos
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
Spadefish, Chaetodipterus faber
Haemulidae--Grunts
Black margate, Anisotremus surinamensis
Porkfish, Anisotremus virginicus
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Smallmouth grunt, Haemulon chrysargyreum
French grunt, Haemulon flavolineatum
Spanish grunt, Haemulon macrostomum
Cottonwick, Haemulon melanurum
Sailors choice, Haemulon parrai
White grunt, Haemulon plumieri
Blue stripe grunt, Haemulon sciurus
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Puddingwife, Halichoeres radiatus
Lutjanidae--Snappers
Black snapper, Apsilus dentatus
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Schoolmaster, Lutjanus apodus
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray snapper, Lutjanus griseus
Mahogany snapper, Lutjanus mahogoni
Dog snapper, Lutjanus jocu
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus chamaeleonticeps
Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
Wreckfish, Polyprion americanus
Serranidae--Sea Basses and Groupers
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Black sea bass, Centropristis striata
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Jewfish, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Tiger grouper, Mycteroperca tigris
Yellowfin grouper, Mycteroperca venenosa
Sparidae--Porgies
Sheepshead, Archosargus probatocephalus
Grass porgy, Calamus arctifrons
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus
Longspine porgy, Stenotomus caprinus
Scup, Stenotomus chrysops
Appendix B to Part 622--Gulf Areas
Table 1 of Appendix B to Part 622.--Seaward Coordinates of the Longline
and Buoy Gear Restricted Area
------------------------------------------------------------------------
Point No. and reference location
\1\ North lat. West long.
------------------------------------------------------------------------
1 Seaward limit of Florida's
waters north of Dry Tortugas..... 24 deg.48.0' 82 deg.48.0'
2 North of Rebecca Shoal........ 25 deg.07.5' 82 deg.34.0'
3 Off Sanibel Island--Offshore.. 26 deg.26.0' 82 deg.59.0'
4 West of Egmont Key............ 27 deg.30.0' 83 deg.21.5'
5 Off Anclote Keys--Offshore.... 28 deg.10.0' 83 deg.45.0'
6 Southeast corner of Florida
Middle Ground.................... 28 deg.11.0' 84 deg.00.0'
7 Southwest corner of Florida
Middle Ground.................... 28 deg.11.0' 84 deg.07.0'
8 West corner of Florida Middle
Ground........................... 28 deg.26.6' 84 deg.24.8'
9 Northwest corner of Florida
Middle Ground.................... 28 deg.42.5' 84 deg.24.8'
10 South of Carrabelle........... 29 deg.05.0' 84 deg.47.0'
11 South of Cape St. George...... 29 deg.02.5' 85 deg.09.0'
12 South of Cape San Blas lighted
bell buoy--20 fathoms............ 29 deg.21.0' 85 deg.30.0'
[[Page 34961]]
13 South of Cape San Blas lighted
bell buoy--50 fathoms............ 28 deg.58.7' 85 deg.30.0'
14 De Soto Canyon................ 30 deg.06.0' 86 deg.55.0'
15 South of Pensacola............ 29 deg.46.0' 87 deg.19.0'
16 South of Perdido Bay.......... 29 deg.29.0' 87 deg.27.5'
17 East of North Pass of the
Mississippi River................ 29 deg.14.5' 88 deg.28.0'
18 South of Southwest Pass of the
Mississippi River................ 28 deg.46.5' 89 deg.26.0'
19 Northwest tip of Mississippi
Canyon........................... 28 deg.38.5' 90 deg.08.5'
20 West side of Mississippi
Canyon........................... 28 deg.34.5' 89 deg.59.5'
21 South of Timbalier Bay........ 28 deg.22.5' 90 deg.02.5'
22 South of Terrebonne Bay....... 28 deg.10.5' 90 deg.31.5'
23 South of Freeport............. 27 deg.58.0' 95 deg.00.0'
24 Off Matagorda Island.......... 27 deg.43.0' 96 deg.02.0'
25 Off Aransas Pass.............. 27 deg.30.0' 96 deg.23.5'
26 Northeast of Port Mansfield... 27 deg.00.0' 96 deg.39.0'
27 East of Port Mansfield........ 26 deg.44.0' 96 deg.37.5'
28 Northeast of Port Isabel...... 26 deg.22.0' 96 deg.21.0'
29 U.S./Mexico EEZ boundary...... 26 deg.00.5' 96 deg.24.5'
Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of
Texas' waters.
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
submarine area.
Table 2 of Appendix B to Part 622.--Seaward Coordinates of the Stressed
Area
------------------------------------------------------------------------
Point No. and reference location
\1\ North lat. West long.
------------------------------------------------------------------------
1 Seaward limit of Florida's
waters northeast of Dry Tortugas. 24 deg.45.5' 82 deg.41.5'
2 North of Marquesas Keys........ 24 deg.48.0' 82 deg.06.5'
3 Off Cape Sable................. 25 deg.15.0' 82 deg.02.0'
4 Off Sanibel Island--Inshore.... 26 deg.26.0' 82 deg.29.0'
5 Off Sanibel Island--Offshore... 26 deg.26.0' 82 deg.59.0'
6 West of Egmont Key............. 27 deg.30.0' 83 deg.21.5'
7 Off Anclote Keys--Offshore..... 28 deg.10.0' 83 deg.45.0'
8 Off Anclote Keys--Inshore...... 28 deg.10.0' 83 deg.14.0'
9 Off Deadman Bay................ 29 deg.38.0' 84 deg.00.0'
10 Seaward limit of Florida's
waters east of Cape St. George... 29 deg.35.5' 84 deg.38.6'
Thence westerly along the seaward
limit of Florida's waters to:
11 Seaward limit of Florida's
waters south of Cape San Blas.... 29 deg.32.2' 85 deg.27.1'
12 Southwest of Cape San Blas.... 29 deg.30.5' 85 deg.52.0'
13 Off St. Andrew Bay............ 29 deg.53.0' 86 deg.10.0'
14 De Soto Canyon................ 30 deg.06.0' 86 deg.55.0'
15 South of Florida/Alabama
border........................... 29 deg.34.5' 87 deg.38.0'
16 Off Mobile Bay................ 29 deg.41.0' 88 deg.00.0'
17 South of Alabama/Mississippi
border........................... 30 deg.01.5' 88 deg.23.7'
18 Horn/Chandeleur Islands....... 30 deg.01.5' 88 deg.40.5'
19 Chandeleur Islands............ 29 deg.35.5' 88 deg.37.0'
20 Seaward limit of Louisiana's
waters off North Pass of the
Mississippi River................ 29 deg.16.3' 89 deg.00.0'
Thence southerly and westerly
along the seaward limit of
Louisiana's waters to:
21 Seaward limit of Louisiana's
waters off Southwest Pass of the
Mississippi River................ 28 deg.57.3' 89 deg.28.2'
22 Southeast of Grand Isle....... 29 deg.09.0' 89 deg.47.0'
23 Quick flashing horn buoy south
of Isles Dernieres............... 28 deg.32.5' 90 deg.42.0'
24 Southeast of Calcasieu Pass... 29 deg.10.0' 92 deg.37.0'
25 South of Sabine Pass--10
fathoms.......................... 29 deg.09.0' 93 deg.41.0'
26 South of Sabine Pass--30
fathoms.......................... 28 deg.21.5' 93 deg.28.0'
27 East of Aransas Pass.......... 27 deg.49.0' 96 deg.19.5'
28 East of Baffin Bay............ 27 deg.12.0' 96 deg.51.0'
29 Northeast of Port Mansfield... 26 deg.46.5' 96 deg.52.0'
30 Northeast of Port Isabel...... 26 deg.21.5' 96 deg.35.0'
31 U.S./Mexico EEZ boundary...... 26 deg.00.5' 96 deg.36.0'
Thence westerly along U.S./Mexico
EEZ boundary to the seaward limit
of Texas' waters ................
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
submarine area.
BILLING CODE 3510-22-W
[[Page 34962]]
Appendix C to Part 622--Fish Length Measurements
[GRAPHIC] [TIFF OMITTED] TR03JY96.000
Figure 1 of Appendix C to Part 622--Carapace Length
[[Page 34963]]
[GRAPHIC] [TIFF OMITTED] TR03JY96.001
[[Page 34964]]
PARTS 638, 641, 642, 645, 646, 647, 653, 658, 659, 669, AND 670--
[REMOVED]
4. Under the authority of 16 U.S.C. 1801 et seq., parts 638, 641,
642, 645, 646, 647, 653, 658, 659, 669, and 670 are removed.
[FR Doc. 96-16254 Filed 7-1-96; 8:45 am]
BILLING CODE 3510-22-M
Complete official Federal Register PDF
FR Doc. 96-15600 Airworthiness Directives; Fokker Model F27 Mark 100, 200, 300, 400, 500, 600, and 700 Series Airplanes
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34718-34719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15600]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-253-AD; Amendment 39-9675; AD 96-13-07]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F27 Mark 100, 200, 300,
400, 500, 600, and 700 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to all Fokker Model F27 Mark 100, 200, 300, 400, 500,
600, and 700 series airplanes, that currently requires supplemental
structural inspections to detect fatigue cracks, and repair or
replacement, as necessary, to ensure the continued airworthiness of
these airplanes. This amendment adds and revises certain significant
structural items for which inspection and repair or replacement is
necessary. This amendment is prompted by a structural re-evaluation
conducted by the manufacturer, which identified additional structural
elements where fatigue damage is likely to occur. The actions specified
by this AD are intended to prevent reduced structural integrity of
these airplanes.
DATES: Effective August 6, 1996.
The incorporation by reference of Fokker SIP Product Support
Document 27438, Part 1, including revisions up through August 1, 1995,
as listed in the regulations is approved by the Director of the Federal
Register as of August 6, 1996.
The incorporation by reference of Fokker SIP Document 27438, Part
1, including revisions up through November 1, 1991, as listed in the
regulations, was approved previously by the Director of the Federal
Register as of October 21, 1992 (57 FR 42693).
ADDRESSES: The service information referenced in this AD may be
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street,
Alexandria, Virginia 22314. This information may be examined at the
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Ruth E. Harder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1721; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 92-19-07,
amendment 39-8365 (57 FR 42693, September 16, 1992), which is
applicable to all Fokker Model F27 Mark 100, 200, 300, 400, 500, 600,
and 700 series airplanes, was published in the Federal Register on
April 10, 1996 (61 FR 15906). The action proposed to supersede AD 92-
19-07 to continue to require a program of supplemental structural
inspections (SIP) to detect fatigue cracks, and repair or replacement,
as necessary. The action also proposed to add and revise certain
significant structural items (SSI) for which inspection and repair or
replacement is necessary.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
Support for the Proposal
The commenter supports the proposed rule.
Conclusion
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with as proposed.
Cost Impact
There are approximately 34 Fokker Model F27 Mark 100, 200, 300,
400, 500, 600, and 700 series airplanes of U.S. registry that will be
affected by this AD.
The actions that are currently required by AD 92-19-07 take
approximately 295 work hours per airplane per year to accomplish, at an
average labor rate of $60 per work hour. Based on these figures, the
cost impact on U.S. operators relative to the requirements of the
previously-issued AD that are retained in this new AD action is
estimated to be $601,800, or $17,700 per airplane, annually.
The new actions that are required by this new AD action will take
approximately 179 additional work hours per airplane per year to
accomplish, at an average labor rate of
[[Page 34719]]
$60 per work hour. These actions include the implementation of the
inspections, repairs, or replacements specified in the revisions to the
SIP Document into an operator's maintenance program; as well as
removal, inspection, and installation of structure. Based on these
figures, the cost impact on U.S. operators relative to the new
requirements of this AD is estimated to be $365,160, or $10,740 per
airplane, the first year and annually thereafter.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the requirements of this
AD action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-8365 (57 FR
42693, September 16, 1992), and by adding a new airworthiness directive
(AD), amendment 39-9675, to read as follows:
96-13-07 Fokker: Amendment 39-9675. Docket 95-NM-253-AD. Supersedes
AD 92-19-07, Amendment 39-8365.
Applicability: All Model F27 Mark 100, 200, 300, 400, 500, 600,
and 700 series airplanes, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent reduced structural integrity of these airplanes,
accomplish the following:
Note 2: Information collection requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number
2120-0056.
(a) Within 6 months after October 21, 1992 (the effective date
of AD 92-19-07, amendment 39-8365), incorporate into the FAA-
approved maintenance program the inspections, inspection intervals,
repairs, or replacements defined in Fokker Structural Integrity
Program (SIP) Document 27438, Part 1, including revisions up through
November 1, 1991; and inspect, repair, and replace, as applicable.
The non-destructive inspection techniques referenced in the SIP
Document provide acceptable methods for accomplishing the
inspections required by this AD. If any cracking is detected,
inspection results must be reported to Fokker in accordance with the
instructions of the SIP Document.
(b) Within 6 months after the effective date of this AD,
incorporate into the FAA-approved maintenance program the
inspections, inspection intervals, repairs, or replacements defined
in Fokker SIP Product Support Document 27438, Part 1, including
revisions up through August 1, 1995; and inspect, repair, and
replace, as applicable. The non-destructive inspection techniques
referenced in the SIP Document provide acceptable methods for
accomplishing the inspections required by this AD. If any cracking
is detected, inspection results must be reported to Fokker in
accordance with the instructions of the SIP Document.
(c) Cracked structure detected during the inspections required
by paragraph (a) or (b) of this AD must be repaired or replaced,
prior to further flight, in accordance with the instructions in
Fokker SIP Document 27438, Part 1, including revisions up through
November 1, 1991; or Fokker SIP Product Support Document 27438, Part
1, including revisions up through August 1, 1995; respectively; or
in accordance with other data meeting the certification basis of the
airplane which is approved by the FAA or by the
Rijksluchtvaartdienst (RLD).
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(f) Certain of the actions shall be done in accordance with
Fokker SIP Document 27438, Part 1, including revisions up through
November 1, 1991. The incorporation by reference of that document
was approved previously by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51 as of October 21,
1992 (57 FR 42693). Certain other actions shall be done in
accordance with Fokker SIP Product Support Document 27438, Part 1,
including revisions up through August 1, 1995. The incorporation by
reference of this document was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies of either document may be obtained from Fokker Aircraft
USA, Inc., 1199 North Fairfax Street, Alexandria, Virginia 22314.
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(g) This amendment becomes effective on August 6, 1996.
Issued in Renton, Washington, on June 13, 1996.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-15600 Filed 7-2-96; 8:45 am]
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