Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Haddock Incidental Catch Allowance for the 2005 Atlantic Herring Fishery, 34055-34060 [05-11593]
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34055
Rules and Regulations
Federal Register
Vol. 70, No. 112
Monday, June 13, 2005
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.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 050517132–5132–01; I.D.
051105D]
RIN 0648–AT36
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
(NE) Multispecies Fishery; Haddock
Incidental Catch Allowance for the
2005 Atlantic Herring Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action; request for comments.
AGENCY:
SUMMARY: NMFS is promulgating
emergency regulations to establish an
incidental haddock catch allowance for
the 2005 Atlantic herring fishery.
Emergency action was requested by the
New England Fishery Management
Council (Council) at its meeting on
March 30, 2005, to address haddock
bycatch in the herring fishery. In
developing these measures, NMFS
considered recommendations made by
the Council’s Ad-hoc Bycatch
Committee and the Council. The intent
of these provisions is to allow the
herring fleet to continue its normal
fishing operations for the 2005 fishing
year, despite the presence of two large
year classes of haddock, without
providing an incentive for the industry
to target haddock, and without causing
harm to the GB haddock resource. The
proposed measures would reflect the
intention of maintaining a haddock
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possession tolerance as close to zero as
practicable, while allowing the herring
industry to operate.
DATES: Effective from June 13, 2005,
through December 10, 2005. Comments
must be received by July 13, 2005.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• E-mail:
HerringEmergencyRule@NOAA.gov.
Include in the subject line the following:
‘‘Comments on the Emergency Rule for
Incidental Haddock Catch Allowance in
the 2005 Herring Fishery.’’
• Federal e-Rulemaking Portal: http:/
www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘Comments on the Emergency Rule for
Incidental Haddock Catch Allowance in
the 2005 Herring Fishery.’’
• Fax: (978) 281–9135.
Copies of the emergency rule and its
Regulatory Impact Review (RIR) are
available from Patricia A. Kurkul,
Regional Administrator, National
Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule
should be submitted to the Regional
Administrator at One Blackburn Drive,
Gloucester, MA 01930, and by e-mail to
DavidlRostker@omb.eop.gov, or fax to
(202) 395–7285. Comments may also be
submitted electronically through the
Federal e-Rulemaking portal address
provided above.
FOR FURTHER INFORMATION CONTACT:
Brian Hooker, Fishery Policy Analyst,
phone: (978) 281–9220, fax; (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
Regulations established under the
Fishery Management Plan for the NE
Multispecies Fishery (NE Multispecies
FMP) prohibit vessels fishing for
Atlantic herring (herring) from
possessing or landing any groundfish
species, including haddock. In July
2004, NMFS’s Office of Law
Enforcement (OLE) observed prohibited
juvenile haddock in catches being
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landed by midwater trawl vessels
fishing for herring on Georges Bank
(GB). Representatives of the herring
industry requested a series of meetings
with staff from NMFS to report that they
were encountering haddock unusually
high in the water column, and were
unable to avoid catching it, even with
midwater trawl gear. Many midwater
trawl vessels ceased fishing for herring
on GB due to concern about haddock
bycatch.
The Council established an Ad-hoc
Bycatch Committee late in 2004 to
develop specific recommendations to
mitigate the potential for bycatch of
haddock in several of the region’s
fisheries, including the herring fishery.
Due to the presence of the extremely
large 2003 year class of haddock and
reports of another large year class in
2004, herring industry members
expressed concern that they would
continue to catch haddock during 2005.
The Bycatch Committee met several
times to consider the issue, and
recommended to the Council on March
30, 2005, that herring vessels should be
allowed to catch haddock until the
catch reaches a specified haddock
incidental total allowable catch (TAC)
level. The Committee further
recommended that, if the incidental
TAC were fully harvested, the directed
herring fishery should be closed.
However, the Bycatch Committee did
not recommend measures that would
allow the incidental haddock catch to be
effectively monitored. Because there is
not time for the Council to develop and
complete a Council action to implement
the Committee’s recommendation, the
Council requested emergency action to
authorize herring vessels to possess up
to 1,000 lb (454 kg) of haddock
incidentally caught when fishing for
herring. The Council’s emergency
request recommended that this measure
apply only to vessels issued permits that
authorize the catch of more than 500 mt
of herring in 2005 (Category 1 herring
vessels). Without this emergency action,
the Council fears that, when herring
move onto GB in June 2005, vessel
operators will decline to fish there for
herring due to their concerns about
violating the existing prohibition on
possession of groundfish. Category 1
vessels accounted for 99.3 percent of the
herring landings in 2004. Due to
concerns regarding the immediacy of
this problem, the Council requested that
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Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations
NMFS enact measures through an
emergency rule, to be effective through
December 31, 2005. The Council’s
formal request for emergency action was
made at the March 30, 2005, Council
meeting and was followed by a written
request received by NMFS on April 6,
2005. This interim measure is intended
to provide an incidental catch
allowance that will allow the herring
fishery to operate on GB this year while
the Council develops a long-term
solution.
The following provisions will be
implemented through this emergency
rule: (1) Suspension of the prohibition
on the possession of haddock by
Category 1 herring vessels using purse
seines or midwater trawls (including
pair trawls), (2) establishment of a
1,000–lb (454–kg) haddock incidental
possession allowance for Category 1
herring vessels, (3) suspension of the
haddock minimum fish size for Category
1 herring vessels, (4) prohibition on the
purchase and sale of haddock landed by
Category 1 herring vessels for human
consumption, (5) establishment of a
provision to require herring processors
to cull landings made by Category 1
herring vessels and to retain haddock
for inspection by enforcement officials,
(6) establishment of a requirement for
all Category 1 herring vessels to provide
advance notification of landing via the
Vessel Monitoring System (VMS),
whether or not such a vessel is carrying
an at-sea observer, and (7) establishment
of a cap of 270,000 lb (122,470 kg) on
the total amount of observed and
reported haddock that could be landed
under the haddock incidental
possession allowance.
NMFS reviewed the Council’s
recommendation and concluded that
emergency action is warranted because
the current absolute prohibition on the
possession of haddock by vessels
targeting herring appears to be
unrealistic, given the current abundance
of haddock on GB. Unless action is
taken on an emergency basis to give
some relief from the existing provisions,
it appears likely that participants in the
herring fishery may decline to fish on
GB due to concern about enforcement
actions that could result from
possession of even small amounts of
haddock catch under existing
regulations. Such an interruption in the
herring fishery would have negative
impacts on the fishery participants, and
would likely interrupt the supply of
herring used as bait for the American
lobster fishery in the Gulf of Maine.
NMFS has determined that this action
meets the criteria for emergency action
for the purposes of section 305(c) of the
Magnuson-Stevens Fishery
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Conservation and Management Act
(Magnuson-Stevens Act) and is
consistent with NMFS policy guidelines
for the use of emergency rules as
published on August 21, 1997 (62 FR
44421). This emergency rule results
from a recent, unforeseen event. The
bycatch of small haddock from the very
large 2003 year class was first reported
in the summer of 2004. The Council
quickly established the Bycatch
Committee to look into the matter and
to make recommendations to the
Council. This timeframe did not allow
sufficient time to address this
unforeseen event through the normal
rulemaking process. The situation
presents a serious management problem
in the herring fishery in that
participants are currently prohibited
from possessing any haddock. This
absolute prohibition is not appropriate
for the current conditions in the fishery,
given the very large haddock year class
on GB, the size of which has not been
seen since 1962. This situation can be
addressed through emergency
regulations for which the immediate
benefits of allowing the herring fishery
to occur unfettered and the immediate
concerns of catching small amounts of
haddock outweigh the value of advance
notice and public comment. Moreover,
this issue has been discussed at several
Committee meetings, two Council
meetings, and a groundfish advisory
panel meeting. NMFS is confident that
any adverse impacts of this emergency
rule are being minimized to the
maximum extent practicable. The public
will have an opportunity to comment on
a long-term solution to this situation
through the notice-and-comment
rulemaking process for Amendment 1 to
the Atlantic Herring FMP. This
emergency rule is further justified
because it will prevent significant direct
economic loss resulting from herring
harvest that would otherwise likely be
foregone. An evaluation conducted by
the Northeast Fisheries Science Center
(NEFSC) estimated that foregone
revenue from Category 1 herring vessels
not fishing in Herring Fishery
Management Area 3 (Area 3) would be
$3,131,882. This assumes that the
herring fleet would not fish in Area 3 for
fear of being in violation of the
prohibition on the possession of
haddock on every trip. The estimate of
foregone future haddock revenue as a
result of this emergency action is
$625,000. Thus, the negative economic
consequences would be much greater (5
to 1) if no action were taken to address
the haddock bycatch issue for the 2005
fishing year.
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NMFS concludes that there is little
risk to GB haddock associated with this
action. The measures being
implemented will allow the herring fleet
to continue its normal fishing
operations, despite the presence of two
large year classes of haddock. The
measures provide no incentive for the
industry to target haddock and any
haddock landed cannot be sold for
human consumption. Further, haddock
culled by processors cannot be sold for
any purpose. The measures maintain a
haddock possession tolerance as close to
zero as practicable, without causing
harm to the haddock resource or
slowing the haddock rebuilding
schedule. While the haddock from these
two large years classes have not been
recruited to the fishery (i.e., they are too
small to be included in the calculation
of the target TAC for haddock
established under the NE Multispecies
FMP), NMFS notes that, on May 6, 2005
(70 FR 23939), the agency published the
suspension of the haddock daily and
maximum trip limits for vessels fishing
under a limited access NE multispecies
days-at-sea permit. This suspension of
the haddock restrictions was deemed
necessary to provide the opportunity to
harvest at least 75 percent of the TAC
for haddock for the fishing year, which
extends through April 30, 2006. Even
so, given current projections of
landings, the NE multispecies fishery
may not fully harvest the GB haddock
TAC for the current fishing year,
supporting NMFS’s conclusion that
these measures pose very little risk to
the haddock resource.
This emergency action includes a cap
on the total amount of observed and
reported haddock that could be landed
as a result of this action. The bycatch
cap will place a backstop on the total
amount of haddock permitted to be
landed in order to mitigate any
unexpected haddock harvest levels.
Thus, the herring fishery will not be
allowed an unlimited harvest of
haddock. This bycatch cap differs from
the TAC recommended by the Council’s
Bycatch Committee because it is based
on actual landings reported or observed,
rather than on an extrapolation of
landings from incomplete data. NMFS
will use landings reported by vessels
and dealers/processors, as well as any
other landings reported through
observer reports or enforcement actions
to determine if observed and reported
landings reach the bycatch cap level. If
the bycatch cap is reached, the directed
herring fishery in the GB haddock stock
area will be closed, and the emergency
measures that authorize Category 1
vessels to possess haddock will be
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terminated. If the fishery is closed due
to attainment of the bycatch cap, the
measures established by this action to
require herring processors and dealers
to retain haddock landed by Category 1
herring vessels would remain in effect,
as would the requirement for Category
1 herring vessels to provide advance
notification of landing, to ensure that
the closure is enforceable.
Management Measures
Suspension of Prohibition on Possession
of Haddock
Current regulations prohibit vessels
fishing in the Gulf of Maine (GOM) and
GB Exemption Areas using midwater
trawl and purse seine gear from
possessing or landing NE multispecies,
including haddock. This action
suspends that provision for Category 1
herring vessels for haddock only.
Vessels using these gears will continue
to be prohibited from possessing any of
the other multispecies.
Haddock Incidental Catch Allowance
This action establishes an incidental
catch allowance for Category 1 herring
vessels of 1,000 lb (454 kg) of haddock.
In order to facilitate the enforcement of
this provision, a dockside sampling
protocol is being developed, with the
advice of the NEFSC, to allow
enforcement officers to sample herring
catches to determine compliance with
the possession limit. Subsampling is
necessary because of the large volume of
herring that such trips land. At the
March 30, 2005, Council meeting, some
industry representatives indicated that
the 1,000–lb (454–kg) allowance would
be sufficient to allow the herring fishery
to be prosecuted. This is further
supported by the enforcement actions
resulting from haddock possession by
herring vessels in the summer of 2004.
Of 14 such enforcement actions, only 4
revealed haddock bycatch greater than
the 1,000–lb (454–kg) possession limit
implemented by this emergency action.
This action is intended to maintain a
haddock possession tolerance as close to
zero as practicable, while still allowing
the herring fishery to operate on GB in
2005.
Suspension of Haddock Minimum Size
This action suspends the minimum
haddock size requirement for Category 1
herring vessels. Many of the haddock in
the 2003 and 2004 year classes are
expected to be smaller than the current
minimum size of 19 inches (48.3 cm).
The suspension of the minimum size
limit is necessary because, in a highvolume fishery such as the herring
fishery, it is difficult, if not impossible,
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to cull fish of the same size and similar
shape. Herring are often pumped
directly from the nets into the holds,
with no intermediary step to sort the
catch. Thus it is impracticable to sort
out haddock that are smaller than the
current minimum fish size.
Prohibition on the Sale of Haddock for
Human Consumption
To eliminate any incentive for herring
vessels to target haddock, this action
prohibits the sale of haddock caught by
Category 1 herring vessels for human
consumption. It is not feasible to
establish a similar prohibition on the
sale of haddock for use as bait because
herring catches landed for use as bait
cannot always be sorted; they are often
offloaded by pumping the fish from the
vessel hold into tanker trucks. As a
result, some haddock could remain
mixed in with the herring catch. NMFS
determined that it would be inequitable
to make downstream purchasers of such
bait legally liable for the presence of
haddock. Such offloads will be sampled
to determine compliance with the
haddock possession limit.
Requirement for Herring Dealers/
Processors to Retain Haddock Landed
by Category 1 Herring Vessels
This action requires herring dealers
and processors, such as canneries,
freezer plants, and at-sea processors,
that handle and/or sort fish
individually, to separate out and retain
all haddock from the catch offloaded
from a Category 1 herring vessel in order
to facilitate monitoring and enforcement
of haddock bycatch limits. The haddock
must be set aside and retained for 12
hours to facilitate inspection by
enforcement officials, and the vessel
that landed the haddock must be clearly
identified. Sale of these culled haddock,
for any purpose, is prohibited. All
herring dealers and processors must
continue to comply with the current
reporting requirements that require
federally permitted dealers and
processors to report all fish purchased
or received with a vessel trip identifier
via the weekly electronic dealer
reporting system as specified under
§ 648.7(a).
VMS Notification Prior to Landing
This action expands upon a provision
enacted in the final rule (70 FR 31323,
June 1, 2005) for Framework
Adjustment 40B to the NE Multispecies
FMP (Framework 40B). Framework 40B
requires all Category 1 herring vessels,
except those that are carrying a NMFS
approved observer, to notify OLE via
VMS of the port in which they will land
their catch. Through this action
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34057
notification must be given by all
Category 1 herring vessels at least 12
hours prior to crossing the VMS
demarcation line on the return trip to
port, or, for vessels that have not fished
seaward of the VMS demarcation line, at
least 12 hours prior to landing. If a
fishing trip is less than 12 hours in
length, Category 1 herring vessels must
notify NMFS Office of Law Enforcement
through VMS of the time and place of
offloading at least 6 hours prior to
crossing the VMS demarcation line on
its return trip to port, or, for vessels that
have not fished seaward of the VMS
demarcation line, at least 6 hours prior
to landing. The Regional Administrator
may adjust the prior notification
minimum time through publication of a
notice in the Federal Register consistent
with the Administrative Procedure Act.
This emergency action expands the
notification requirement to all Category
1 herring vessels and adjusts the
minimum notification time to
accommodate trips lasting less than 12
hours. This provision will facilitate the
enforcement and monitoring of the
1,000–lb (454–kg) haddock possession
limit and the 270,000–lb (122,470–kg)
bycatch cap by giving enforcement
agents sufficient notice of landing to
enable them to meet a fishing vessel at
the dock to sample the catch.
Haddock Bycatch Cap
This action establishes a bycatch cap
for Category 1 herring vessels of 270,000
lb (122,470 kg) of haddock. This amount
equals 1 percent of the proposed 2005
target TAC for GB haddock (70 FR
19724, April 14, 2005). The bycatch cap
will place a backstop on the total
amount of haddock permitted to be
landed in order to mitigate any
unexpected haddock harvest levels and
prevent the herring fishery from
catching an unlimited amount of
haddock. NMFS will use all available
data to tabulate haddock landings made
by Category 1 herring vessels, including
at-sea observer reports, Federal dealer/
processor reports, and haddock landings
reported by law enforcement agents. If
the available data indicate the bycatch
cap has been harvested, the GB haddock
stock area will be closed to herring
fishing by Category 1 herring vessels,
and the emergency measures that
authorize Category 1 vessels to possess
haddock will be terminated. The
measures established by this action to
require herring processors and dealers
to retain haddock landed by Category 1
herring vessels would remain in effect,
as would the requirement for Category
1 herring vessels to provide advance
notification of landing, to ensure that
the closure is enforceable.
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Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations
Under NOAA Administrative Order
205–11, 07/01, dated December 17,
1990, the under Secretary for Oceans
and Atmosphere has delegated authority
to sign material for publication in the
Federal Register to the Assistant
Administrator for Fisheries, NOAA.
Classification
This emergency rule has been
determined to be not significant for
purposes of Executive Order 12866.
This emergency rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
without opportunity for prior notice and
opportunity for public comment.
The Assistant Administrator
Fisheries, NOAA (AA) finds good cause
under U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment on this action. These measures
are intended to allow the herring fishery
to conduct normal operations on GB
when herring return to the area in June
2005. Absent this action, participants in
the herring fishery are likely to avoid
fishing in the area, with resultant
negative impacts to participants in the
herring fishery and to entities that
purchase herring, such as harvesters of
American lobster who use herring as
bait. An evaluation conducted by the
Northeast Fisheries Science Center
(NEFSC) estimated that foregone
revenue from Category 1 herring vessels
not fishing in Area 3 would be
$3,131,882. This assumes that the
herring fleet would not fish in Area 3 for
fear of being in violation of the
prohibition on the possession of
haddock on every trip. The estimate of
foregone future haddock revenue as a
result of this emergency action is
$625,000. Thus, the negative economic
consequences would be much greater (5
to 1) if no action were taken to address
the haddock bycatch issue for the 2005
fishing year. The implementation of
these measures would be ineffective if
they are not in place when the fish
return to the area in June 2005.
Because of the late date that this need
for emergency action was fully
understood and developed, there is
insufficient time to allow for prior
public comment before the GB herring
fishing season begins. This emergency
rule results from a recent, unforeseen
event. The bycatch of small haddock
from the very large 2003 year class was
first reported in the summer of 2004.
The Council quickly established the
Bycatch Committee in late 2004 to look
into the matter and to make
recommendations to the Council. The
Bycatch Committee met several times to
consider the issue, and recommended to
the Council on March 30, 2005, that
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herring vessels should be allowed to
catch haddock until the catch reaches a
specified haddock incidental total
allowable catch (TAC) level. The
Council’s formal request for emergency
action was made at the March 30, 2005,
Council meeting and was followed by a
written request received by NMFS on
April 6, 2005. This timeframe did not
allow sufficient time to address this
unforeseen event through the normal
rulemaking process. Therefore, the AA
finds that it would be impracticable and
contrary to the public interest to delay
the implementation of these measures
by providing additional opportunities
for public comment.
The AA also finds that this action
relieves an existing restriction on
participants in the herring fishery by
increasing the haddock possession limit
for Category 1 herring vessels from 0 lb/
kg to 1,000 lb (454 kg), and suspending
the minimum size requirement for
haddock possessed by Category 1
herring vessels consistent with that
possession limit. Because this rule
relieves a restriction imposed on herring
vessels, it is not subject to the 30–day
delayed effectiveness provision of the
APA pursuant to 5 U.S.C. 553(d)(1). The
AA also finds good cause to waive the
30–day delay in effectiveness for the
requirement to provide notification of
landing via the VMS unit for Category
1 herring vessels carrying an Observer;
the prohibition on the sale of haddock
for human consumption; the
requirement for herring dealers/
processors to retain haddock landed by
category 1 herring vessels; and the
haddock bycatch cap. Because the need
for this emergency action was not fully
understood and addressed until a few
months prior to this action, there is
insufficient time to allow for prior
public comment before the GB herring
fishing season begins. The Council
became aware of the haddock bycatch
issue in the summer of 2004. At that
time, a Bycatch Committee was formed
to look into the matter and to make
recommendations to the Council. The
Bycatch Committee met several times to
consider the issue, and recommended to
the Council on March 30, 2005, that
herring vessels should be allowed to
catch haddock until the catch reaches a
specified haddock incidental total
allowable catch (TAC) level. The
Council’s formal request for emergency
action was made at the March 30, 2005,
Council meeting and was followed by a
written request received by NMFS on
April 6, 2005. Due to the short
timeframe between the time when the
haddock bycatch issue was first brought
to the Council’s attention and the start
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of the 2005 fishing season there was not
sufficient time to address this
unforeseen event through the normal
rulemaking process. Delaying the
effectiveness of the requirement for
prior notification of landing via the
VMS unit for Category 1 herring vessels
carrying an observer would not give
enforcement officers an adequate
opportunity to meet the vessel at the
dock to inspect the herring catch for the
presence of haddock. If the
implementation of the bycatch cap is
delayed the result could be that the
herring fishery could continue in the
Georges Bank stock area longer than
intended, undermining one of the
intents of this rule, which is to keep the
bycatch of haddock as minimal as
practicable.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirement
This emergency rule establishes a new
collection-of-information requirement
subject to the Paperwork Reduction Act
(PRA). Category 1 herring vessels will be
required to notify OLE via VMS of the
port in which they will land their catch.
Notice is required prior to landing. The
public’s reporting burden for the
collection-of-information requirements
includes the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection-of-information
requirements. This requirements has
been approved by OMB as follows:
Haddock Bycatch Notification of
Landing, Office of Management and
Budget (OMB) control number 0648–
0525, (5 min/response).
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to 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.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping
requirements.
50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
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Dated: June 7, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
(a)(167), (a)(168), (bb)(21), and (bb)(22)
are added to read as follows:
§ 648.14
Prohibitions.
(a) * * *
(166) Sell, purchase, receive, trade,
I For the reasons stated in the preamble,
barter, or transfer haddock, or attempt to
15 CFR, Chapter IX, Part 902 is amended
sell, purchase, receive, trade, barter, or
as follows:
transfer haddock for, or intended for,
15 CFR Chapter IX
human consumption landed by a
Category 1 herring vessel as defined in
PART 902—NOAA INFORMATION
§ 648.2.
COLLECTION REQUIREMENTS UNDER
(167) Fail to comply with
THE PAPERWORK REDUCTION ACT:
requirements for herring processors/
OMB CONTROL NUMBERS
dealers that handle individual fish to
separate out and retain all haddock
I 1. The authority citation for part 902
offloaded from a Category 1 herring
continues to read as follows:
vessel, and to retain such catch for at
Authority: 44 U.S.C. 3501 et seq.
least 12 hours with the vessel that
I 2. In § 902.1, the table in paragraph (b)
landed the haddock clearly identified by
under ‘‘50 CFR’’ is amended by adding
name.
in numerical order an entry for
(168) Sell, purchase, receive, trade,
§ 648.81(d) to read as follows:
barter, or transfer, or attempt to sell,
purchase, receive, trade, barter, or
§ 902.1 OMB control numbers assigned
transfer to another person any haddock
pursuant to the paperwork Reduction Act
separated out from a herring catch
*
*
*
*
*
offloaded from a Category 1 herring
vessel.
Current
*
*
*
*
OMB con- *
trol num(bb) * * *
CFR part or section where the
ber the in(21) If the vessel is a Category 1
information collection requireformation
herring vessel and is fishing for herring
ment is located
(All numbers begin in the GOM and GB Exemption Area as
with 0648– specified in § 648.80(a)(17), fail to notify
)
the NMFS Office of Law Enforcement of
the time and date of landing via VMS 12
*
*
*
*
*
hours prior to crossing the VMS
demarcation line on its return trip to
port, or, for vessels that have not fished
50 CFR
seaward of the VMS demarcation line, at
*
*
*
*
*
least 12 hours prior to landing. Or, if a
648.81(d)
–0525
fishing trip is less than 12 hours in
*
*
*
*
*
length, fail to notify NMFS Office of
Law Enforcement through VMS of the
time and place of offloading at least 6
hours prior to crossing the VMS
50 CFR Chapter VI
demarcation line on its return trip to
port, or, for vessels that have not fished
PART 648—FISHERIES OF THE
seaward of the VMS demarcation line, at
NORTHEASTERN UNITED STATES
least 6 hours prior to landing.
(22) Possess, transfer, receive, sell,
I 1. The authority citation for part 648
purchase, trade, or barter, or attempt to
continues to read as follows:
transfer, receive, purcahse, trade, or
Authority: 16 U.S.C. 1801 et seq.
barter, or sell more than 2,000 lb (907.2
I 2. In § 648.2, a definition for ‘‘Category
kg) of Atlantic herring per trip from the
1 herring vessel’’ is added, to read as
GB haddock stock area defined in
follows:
§ 648.86(b)(6)(v)(B) following the
effective date of any closure enacted
§ 648.2 Definitions.
pursuant to § 648.86(a)(3).
*
*
*
*
*
*
*
*
*
*
Category 1 herring vessel means a
I 4. In § 648.15, paragraph (d) is added
vessel issued a permit to fish for
Atlantic herring that is required to have to read as follows:
an operable VMS unit installed on board § 648.15 Facilitation of enforcement.
pursuant to § 648.205(b).
*
*
*
*
*
*
*
*
*
*
(d) Retention of haddock by herring
I 3. In § 648.14, paragraph (bb)(20) is
dealers and processors. (1) Federally
suspended and paragraphs (a)(166),
permitted herring dealers and
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15:44 Jun 10, 2005
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Fmt 4700
Sfmt 4700
34059
processors, including at-sea processors,
that receive herring from Category 1
herring vessels, and that cull or separate
out from the herring catch all fish other
than herring in the course of normal
operations, must separate out and retain
all haddock offloaded from a Category 1
herring vessel. Such haddock may not
be sold, purchased, received, traded,
bartered, or transferred, and must be
retained for at least 12 hours with the
vessel that landed the haddock clearly
identified, and law enforcement officials
must be given access to inspect the
haddock.
(2) All haddock separated out and
retained is subject to reporting
requirements specified at § 648.7.
I 5. In § 648.80, paragraphs (d)(4), (d)(7),
(e)(4), and (e)(6) are suspended and
paragraphs (d)(8), (d)(9), (e)(7), and (e)(8)
are added to read as follows:
§ 648.80 NE Multispecies regulated mesh
areas and restrictions on gear and methods
of fishing.
*
*
*
*
*
(d) * * *
(8) The vessel does not fish for,
possess or land NE multispecies, except
that Category 1 herring vessels may
possess and land haddock consistent
with the incidental catch allowance and
bycatch cap specified in § 648.86(a)(3).
Such haddock may not be sold,
purchased, received, traded, bartered, or
transferred, or attempted to be sold,
purchased, received, traded, bartered, or
transferred for, or intended for, human
consumption. Haddock that is separated
out from the herring catch pursuant to
648.15(d) may not be sold, purchased,
received, traded, bartered, or
transferred, or attempted to be sold,
purchased, received, traded, bartered, or
transferred for any purpose.
(9) All Category 1 herring vessels
must notify NMFS Office of Law
Enforcement through VMS of the time
and place of offloading at least 12 hours
prior to crossing the VMS demarcation
line on their return trip to port, or, for
vessels that have not fished seaward of
the VMS demarcation line, at least 12
hours prior to landing. If a fishing trip
is less than 12 hours in length, Category
1 herring vessels must notify NMFS
Office of Law Enforcement through
VMS of the time and place of offloading
at least 6 hours prior to crossing the
VMS demarcation line on their return
trip to port, or, for vessels that have not
fished seaward of the VMS demarcation
line, at least 6 hours prior to landing.
The Regional Administrator may adjust
the prior notification minimum time
through publication of a notice in the
Federal Register consistent with the
Administrative Procedure Act.
E:\FR\FM\13JNR1.SGM
13JNR1
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Federal Register / Vol. 70, No. 112 / Monday, June 13, 2005 / Rules and Regulations
(e) * * *
(7) The vessel does not fish for,
possess or land NE multispecies, except
that Category 1 herring vessels may
possess and land haddock consistent
with the incidental catch allowance and
bycatch cap specified in § 648.86(a)(3).
(8) All Category 1 herring vessels
must notify NMFS Office of Law
Enforcement through VMS of the time
and place of offloading at least 12 hours
prior to crossing the VMS demarcation
line on their return trip to port, or, for
vessels that have not fished seaward of
the VMS demarcation line, at least 12
hours prior to landing. If a fishing trip
is less than 12 hours in length, Category
1 herring vessels must notify NMFS
Office of Law Enforcement through
VMS of the time and place of offloading
at least 6 hours prior to crossing the
VMS demarcation line on their return
trip to port, or, for vessels that have not
fished seaward of the VMS demarcation
line, at least 6 hours prior to landing.
The Regional Administrator may adjust
the prior notification minimum time
through publication of a notice in the
Federal Register consistent with the
Administrative Procedure Act.
*
*
*
*
*
I 6. In § 648.83, paragraph (b)(4) is
added to read as follows:
§ 648.83
Multispecies minimum fish sizes.
*
*
*
*
*
(b) * * *
(4) Category 1 herring vessels may
possess and land haddock that measure
less than the minimum fish size,
consistent with the haddock incidental
catch allowance and bycatch cap
specified in § 648.86(a)(3).
*
*
*
*
*
I 7. In § 648.86, paragraph (a)(3) is added
to read as follows:
§ 648.86 Multispecies possession
restrictions.
*
*
*
*
*
(a) * * *
(3)(i) Incidental catch allowance for
herring Category 1 vessels. Category 1
herring vessels defined in § 648.2 may
possess and land up to 1,000 lb (454 kg)
of haddock per trip, subject to the
requirements specified in § 648.80(d)
and (e).
(ii) Bycatch cap. (A) When the
Regional Administrator has determined
that 270,000 lb (122,470 kg) of observed
and reported haddock have been
landed, NMFS shall prohibit Category 1
herring vessels from entering or fishing
in the GB haddock stock area defined by
the coordinates specified in paragraph
(b)(6)(v)(B) of this section for GB cod
through a notice in the Federal Register
VerDate jul<14>2003
15:44 Jun 10, 2005
Jkt 205001
consistent with rulemaking
requirements of the Administrative
Procedure Act. In making this
determination, the Regional
Administrator shall use only haddock
landings observed by NMFS approved
observers and law enforcement officials,
and reports of haddock bycatch
submitted by vessels and dealers
pursuant to the reporting requirements
of this part.
(B) Upon the effective date of
prohibiting Category 1 herring vessels
from entering or fishing in the GB
haddock stock area as described in
paragraph (a)(3)(ii)(A) of this section,
the haddock possession limit is reduced
to 0 lb (0 kg) for all Category 1 herring
vessels.
*
*
*
*
*
[FR Doc. 05–11593 Filed 6–7–05; 4:49 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 501 and 538
Reporting, Procedures and Penalties
Regulations and Sudanese Sanctions
Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: The Office of Foreign Assets
Control (‘‘OFAC’’) of the U.S.
Department of the Treasury is revising
the Reporting, Procedures and Penalties
Regulations (the ‘‘RPPR’’) to make a
technical change in order to remove a
reference to the Government of Sudan
that was used prior to the promulgation
of Executive Order 13067 and the
Sudanese Sanctions Regulations.
OFAC is also amending the Sudanese
Sanctions Regulations, (the ‘‘SSR’’). The
amendments to the SSR include the
issuance of two general licenses,
effective June 13, 2005. One general
license authorizes the operation of
accounts in U.S. financial institutions
under certain circumstances for
individuals ordinarily resident in
Sudan. The other general license
authorizes U.S. depository institutions,
U.S. registered brokers and dealers in
securities, and U.S. registered money
transmitters to process transfers of funds
constituting noncommercial, personal
remittances to or from Sudan or for or
on behalf of individuals ordinarily
resident in Sudan. Other amendments to
the SSR include the removal of two
regulatory provisions and the revision of
a provision regarding reexportation of
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
U.S.-origin goods, technology or
software by non-U.S. persons, and
another revision of to reflect changes in
OFAC’s procedure for imposing civil
penalties.
DATES: Effective Date: June 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Chief of Compliance Programs, tel.: 202/
622–2490, Chief of Civil Penalties, tel.:
202/622–6140, Chief of Licensing, tel.:
202/622–2480, Chief of Policy Planning
and Program Management, tel.: 202/
622–4855, or Chief Counsel, tel.: 202/
622–2410, Office of Foreign Assets
Control, Department of the Treasury,
Washington, DC 20220.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This file is available for download
without charge in ASCII and Adobe
Acrobat readable (*.PDF) formats at
GPO Access. GPO Access supports
HTTP, FTP, and Telnet at
fedbbs.access.gpo.gov. It may also be
accessed by modem dialup at 202/512–
1387 followed by typing ‘‘/GO/FAC.’’
Paper copies of this document can be
obtained by calling the Government
Printing Office at 202–512–1530.
Additional information concerning the
programs of the Office of Foreign Assets
Control is available for download from
the Office’s Internet Home Page at:
https://www.treas.gov/ofac or via FTP at
ofacftp.treas.gov. Facsimiles of
information are available through the
Office’s 24-hour fax-on-demand service:
call 202/622–0077 using a fax machine,
a fax modem, or (within the United
States) a touch-tone telephone.
Background
On November 3, 1997, President
Clinton, invoking the authority, inter
alia, of the International Emergency
Economic Powers Act (50 U.S.C. 1701–
1706), issued Executive Order 13067 (62
FR 59989, November 5, 1997). The order
declared a national emergency with
respect to the policies and actions of the
Government of Sudan, ‘‘including
continued support for international
terrorism; ongoing efforts to destabilize
neighboring governments; and the
prevalence of human rights violations,
including slavery and the denial of
religious freedom.’’ To deal with this
national emergency, Executive Order
13067 imposed trade sanctions with
respect to Sudan and blocked all
property and interests in property of the
Government of Sudan in the United
States or within the possession or
control of U.S. persons. The Sudanese
Sanctions Regulations, 31 CFR part 538
(the ‘‘SSR’’), implement Executive Order
13067.
E:\FR\FM\13JNR1.SGM
13JNR1
]]>Agencies
[Federal Register Volume 70, Number 112 (Monday, June 13, 2005)]
[Rules and Regulations]
[Pages 34055-34060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11593]
========================================================================
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. 70, No. 112 / Monday, June 13, 2005 / Rules
and Regulations
[[Page 34055]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 050517132-5132-01; I.D. 051105D]
RIN 0648-AT36
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Haddock Incidental Catch Allowance for the 2005
Atlantic Herring Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is promulgating emergency regulations to establish an
incidental haddock catch allowance for the 2005 Atlantic herring
fishery. Emergency action was requested by the New England Fishery
Management Council (Council) at its meeting on March 30, 2005, to
address haddock bycatch in the herring fishery. In developing these
measures, NMFS considered recommendations made by the Council's Ad-hoc
Bycatch Committee and the Council. The intent of these provisions is to
allow the herring fleet to continue its normal fishing operations for
the 2005 fishing year, despite the presence of two large year classes
of haddock, without providing an incentive for the industry to target
haddock, and without causing harm to the GB haddock resource. The
proposed measures would reflect the intention of maintaining a haddock
possession tolerance as close to zero as practicable, while allowing
the herring industry to operate.
DATES: Effective from June 13, 2005, through December 10, 2005.
Comments must be received by July 13, 2005.
ADDRESSES: Comments may be submitted by any of the following methods:
E-mail: HerringEmergencyRule@NOAA.gov. Include in the
subject line the following: ``Comments on the Emergency Rule for
Incidental Haddock Catch Allowance in the 2005 Herring Fishery.''
Federal e-Rulemaking Portal: http:/www.regulations.gov.
Mail: Paper, disk, or CD-ROM comments should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of
the envelope ``Comments on the Emergency Rule for Incidental Haddock
Catch Allowance in the 2005 Herring Fishery.''
Fax: (978) 281-9135.
Copies of the emergency rule and its Regulatory Impact Review (RIR)
are available from Patricia A. Kurkul, Regional Administrator, National
Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule should be submitted to the Regional Administrator at One Blackburn
Drive, Gloucester, MA 01930, and by e-mail to David--
Rostker@omb.eop.gov, or fax to (202) 395-7285. Comments may also be
submitted electronically through the Federal e-Rulemaking portal
address provided above.
FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Policy Analyst,
phone: (978) 281-9220, fax; (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
Regulations established under the Fishery Management Plan for the
NE Multispecies Fishery (NE Multispecies FMP) prohibit vessels fishing
for Atlantic herring (herring) from possessing or landing any
groundfish species, including haddock. In July 2004, NMFS's Office of
Law Enforcement (OLE) observed prohibited juvenile haddock in catches
being landed by midwater trawl vessels fishing for herring on Georges
Bank (GB). Representatives of the herring industry requested a series
of meetings with staff from NMFS to report that they were encountering
haddock unusually high in the water column, and were unable to avoid
catching it, even with midwater trawl gear. Many midwater trawl vessels
ceased fishing for herring on GB due to concern about haddock bycatch.
The Council established an Ad-hoc Bycatch Committee late in 2004 to
develop specific recommendations to mitigate the potential for bycatch
of haddock in several of the region's fisheries, including the herring
fishery. Due to the presence of the extremely large 2003 year class of
haddock and reports of another large year class in 2004, herring
industry members expressed concern that they would continue to catch
haddock during 2005. The Bycatch Committee met several times to
consider the issue, and recommended to the Council on March 30, 2005,
that herring vessels should be allowed to catch haddock until the catch
reaches a specified haddock incidental total allowable catch (TAC)
level. The Committee further recommended that, if the incidental TAC
were fully harvested, the directed herring fishery should be closed.
However, the Bycatch Committee did not recommend measures that would
allow the incidental haddock catch to be effectively monitored. Because
there is not time for the Council to develop and complete a Council
action to implement the Committee's recommendation, the Council
requested emergency action to authorize herring vessels to possess up
to 1,000 lb (454 kg) of haddock incidentally caught when fishing for
herring. The Council's emergency request recommended that this measure
apply only to vessels issued permits that authorize the catch of more
than 500 mt of herring in 2005 (Category 1 herring vessels). Without
this emergency action, the Council fears that, when herring move onto
GB in June 2005, vessel operators will decline to fish there for
herring due to their concerns about violating the existing prohibition
on possession of groundfish. Category 1 vessels accounted for 99.3
percent of the herring landings in 2004. Due to concerns regarding the
immediacy of this problem, the Council requested that
[[Page 34056]]
NMFS enact measures through an emergency rule, to be effective through
December 31, 2005. The Council's formal request for emergency action
was made at the March 30, 2005, Council meeting and was followed by a
written request received by NMFS on April 6, 2005. This interim measure
is intended to provide an incidental catch allowance that will allow
the herring fishery to operate on GB this year while the Council
develops a long-term solution.
The following provisions will be implemented through this emergency
rule: (1) Suspension of the prohibition on the possession of haddock by
Category 1 herring vessels using purse seines or midwater trawls
(including pair trawls), (2) establishment of a 1,000-lb (454-kg)
haddock incidental possession allowance for Category 1 herring vessels,
(3) suspension of the haddock minimum fish size for Category 1 herring
vessels, (4) prohibition on the purchase and sale of haddock landed by
Category 1 herring vessels for human consumption, (5) establishment of
a provision to require herring processors to cull landings made by
Category 1 herring vessels and to retain haddock for inspection by
enforcement officials, (6) establishment of a requirement for all
Category 1 herring vessels to provide advance notification of landing
via the Vessel Monitoring System (VMS), whether or not such a vessel is
carrying an at-sea observer, and (7) establishment of a cap of 270,000
lb (122,470 kg) on the total amount of observed and reported haddock
that could be landed under the haddock incidental possession allowance.
NMFS reviewed the Council's recommendation and concluded that
emergency action is warranted because the current absolute prohibition
on the possession of haddock by vessels targeting herring appears to be
unrealistic, given the current abundance of haddock on GB. Unless
action is taken on an emergency basis to give some relief from the
existing provisions, it appears likely that participants in the herring
fishery may decline to fish on GB due to concern about enforcement
actions that could result from possession of even small amounts of
haddock catch under existing regulations. Such an interruption in the
herring fishery would have negative impacts on the fishery
participants, and would likely interrupt the supply of herring used as
bait for the American lobster fishery in the Gulf of Maine.
NMFS has determined that this action meets the criteria for
emergency action for the purposes of section 305(c) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
and is consistent with NMFS policy guidelines for the use of emergency
rules as published on August 21, 1997 (62 FR 44421). This emergency
rule results from a recent, unforeseen event. The bycatch of small
haddock from the very large 2003 year class was first reported in the
summer of 2004. The Council quickly established the Bycatch Committee
to look into the matter and to make recommendations to the Council.
This timeframe did not allow sufficient time to address this unforeseen
event through the normal rulemaking process. The situation presents a
serious management problem in the herring fishery in that participants
are currently prohibited from possessing any haddock. This absolute
prohibition is not appropriate for the current conditions in the
fishery, given the very large haddock year class on GB, the size of
which has not been seen since 1962. This situation can be addressed
through emergency regulations for which the immediate benefits of
allowing the herring fishery to occur unfettered and the immediate
concerns of catching small amounts of haddock outweigh the value of
advance notice and public comment. Moreover, this issue has been
discussed at several Committee meetings, two Council meetings, and a
groundfish advisory panel meeting. NMFS is confident that any adverse
impacts of this emergency rule are being minimized to the maximum
extent practicable. The public will have an opportunity to comment on a
long-term solution to this situation through the notice-and-comment
rulemaking process for Amendment 1 to the Atlantic Herring FMP. This
emergency rule is further justified because it will prevent significant
direct economic loss resulting from herring harvest that would
otherwise likely be foregone. An evaluation conducted by the Northeast
Fisheries Science Center (NEFSC) estimated that foregone revenue from
Category 1 herring vessels not fishing in Herring Fishery Management
Area 3 (Area 3) would be $3,131,882. This assumes that the herring
fleet would not fish in Area 3 for fear of being in violation of the
prohibition on the possession of haddock on every trip. The estimate of
foregone future haddock revenue as a result of this emergency action is
$625,000. Thus, the negative economic consequences would be much
greater (5 to 1) if no action were taken to address the haddock bycatch
issue for the 2005 fishing year.
NMFS concludes that there is little risk to GB haddock associated
with this action. The measures being implemented will allow the herring
fleet to continue its normal fishing operations, despite the presence
of two large year classes of haddock. The measures provide no incentive
for the industry to target haddock and any haddock landed cannot be
sold for human consumption. Further, haddock culled by processors
cannot be sold for any purpose. The measures maintain a haddock
possession tolerance as close to zero as practicable, without causing
harm to the haddock resource or slowing the haddock rebuilding
schedule. While the haddock from these two large years classes have not
been recruited to the fishery (i.e., they are too small to be included
in the calculation of the target TAC for haddock established under the
NE Multispecies FMP), NMFS notes that, on May 6, 2005 (70 FR 23939),
the agency published the suspension of the haddock daily and maximum
trip limits for vessels fishing under a limited access NE multispecies
days-at-sea permit. This suspension of the haddock restrictions was
deemed necessary to provide the opportunity to harvest at least 75
percent of the TAC for haddock for the fishing year, which extends
through April 30, 2006. Even so, given current projections of landings,
the NE multispecies fishery may not fully harvest the GB haddock TAC
for the current fishing year, supporting NMFS's conclusion that these
measures pose very little risk to the haddock resource.
This emergency action includes a cap on the total amount of
observed and reported haddock that could be landed as a result of this
action. The bycatch cap will place a backstop on the total amount of
haddock permitted to be landed in order to mitigate any unexpected
haddock harvest levels. Thus, the herring fishery will not be allowed
an unlimited harvest of haddock. This bycatch cap differs from the TAC
recommended by the Council's Bycatch Committee because it is based on
actual landings reported or observed, rather than on an extrapolation
of landings from incomplete data. NMFS will use landings reported by
vessels and dealers/processors, as well as any other landings reported
through observer reports or enforcement actions to determine if
observed and reported landings reach the bycatch cap level. If the
bycatch cap is reached, the directed herring fishery in the GB haddock
stock area will be closed, and the emergency measures that authorize
Category 1 vessels to possess haddock will be
[[Page 34057]]
terminated. If the fishery is closed due to attainment of the bycatch
cap, the measures established by this action to require herring
processors and dealers to retain haddock landed by Category 1 herring
vessels would remain in effect, as would the requirement for Category 1
herring vessels to provide advance notification of landing, to ensure
that the closure is enforceable.
Management Measures
Suspension of Prohibition on Possession of Haddock
Current regulations prohibit vessels fishing in the Gulf of Maine
(GOM) and GB Exemption Areas using midwater trawl and purse seine gear
from possessing or landing NE multispecies, including haddock. This
action suspends that provision for Category 1 herring vessels for
haddock only. Vessels using these gears will continue to be prohibited
from possessing any of the other multispecies.
Haddock Incidental Catch Allowance
This action establishes an incidental catch allowance for Category
1 herring vessels of 1,000 lb (454 kg) of haddock. In order to
facilitate the enforcement of this provision, a dockside sampling
protocol is being developed, with the advice of the NEFSC, to allow
enforcement officers to sample herring catches to determine compliance
with the possession limit. Subsampling is necessary because of the
large volume of herring that such trips land. At the March 30, 2005,
Council meeting, some industry representatives indicated that the
1,000-lb (454-kg) allowance would be sufficient to allow the herring
fishery to be prosecuted. This is further supported by the enforcement
actions resulting from haddock possession by herring vessels in the
summer of 2004. Of 14 such enforcement actions, only 4 revealed haddock
bycatch greater than the 1,000-lb (454-kg) possession limit implemented
by this emergency action. This action is intended to maintain a haddock
possession tolerance as close to zero as practicable, while still
allowing the herring fishery to operate on GB in 2005.
Suspension of Haddock Minimum Size
This action suspends the minimum haddock size requirement for
Category 1 herring vessels. Many of the haddock in the 2003 and 2004
year classes are expected to be smaller than the current minimum size
of 19 inches (48.3 cm). The suspension of the minimum size limit is
necessary because, in a high-volume fishery such as the herring
fishery, it is difficult, if not impossible, to cull fish of the same
size and similar shape. Herring are often pumped directly from the nets
into the holds, with no intermediary step to sort the catch. Thus it is
impracticable to sort out haddock that are smaller than the current
minimum fish size.
Prohibition on the Sale of Haddock for Human Consumption
To eliminate any incentive for herring vessels to target haddock,
this action prohibits the sale of haddock caught by Category 1 herring
vessels for human consumption. It is not feasible to establish a
similar prohibition on the sale of haddock for use as bait because
herring catches landed for use as bait cannot always be sorted; they
are often offloaded by pumping the fish from the vessel hold into
tanker trucks. As a result, some haddock could remain mixed in with the
herring catch. NMFS determined that it would be inequitable to make
downstream purchasers of such bait legally liable for the presence of
haddock. Such offloads will be sampled to determine compliance with the
haddock possession limit.
Requirement for Herring Dealers/Processors to Retain Haddock Landed by
Category 1 Herring Vessels
This action requires herring dealers and processors, such as
canneries, freezer plants, and at-sea processors, that handle and/or
sort fish individually, to separate out and retain all haddock from the
catch offloaded from a Category 1 herring vessel in order to facilitate
monitoring and enforcement of haddock bycatch limits. The haddock must
be set aside and retained for 12 hours to facilitate inspection by
enforcement officials, and the vessel that landed the haddock must be
clearly identified. Sale of these culled haddock, for any purpose, is
prohibited. All herring dealers and processors must continue to comply
with the current reporting requirements that require federally
permitted dealers and processors to report all fish purchased or
received with a vessel trip identifier via the weekly electronic dealer
reporting system as specified under Sec. 648.7(a).
VMS Notification Prior to Landing
This action expands upon a provision enacted in the final rule (70
FR 31323, June 1, 2005) for Framework Adjustment 40B to the NE
Multispecies FMP (Framework 40B). Framework 40B requires all Category 1
herring vessels, except those that are carrying a NMFS approved
observer, to notify OLE via VMS of the port in which they will land
their catch. Through this action notification must be given by all
Category 1 herring vessels at least 12 hours prior to crossing the VMS
demarcation line on the return trip to port, or, for vessels that have
not fished seaward of the VMS demarcation line, at least 12 hours prior
to landing. If a fishing trip is less than 12 hours in length, Category
1 herring vessels must notify NMFS Office of Law Enforcement through
VMS of the time and place of offloading at least 6 hours prior to
crossing the VMS demarcation line on its return trip to port, or, for
vessels that have not fished seaward of the VMS demarcation line, at
least 6 hours prior to landing. The Regional Administrator may adjust
the prior notification minimum time through publication of a notice in
the Federal Register consistent with the Administrative Procedure Act.
This emergency action expands the notification requirement to all
Category 1 herring vessels and adjusts the minimum notification time to
accommodate trips lasting less than 12 hours. This provision will
facilitate the enforcement and monitoring of the 1,000-lb (454-kg)
haddock possession limit and the 270,000-lb (122,470-kg) bycatch cap by
giving enforcement agents sufficient notice of landing to enable them
to meet a fishing vessel at the dock to sample the catch.
Haddock Bycatch Cap
This action establishes a bycatch cap for Category 1 herring
vessels of 270,000 lb (122,470 kg) of haddock. This amount equals 1
percent of the proposed 2005 target TAC for GB haddock (70 FR 19724,
April 14, 2005). The bycatch cap will place a backstop on the total
amount of haddock permitted to be landed in order to mitigate any
unexpected haddock harvest levels and prevent the herring fishery from
catching an unlimited amount of haddock. NMFS will use all available
data to tabulate haddock landings made by Category 1 herring vessels,
including at-sea observer reports, Federal dealer/processor reports,
and haddock landings reported by law enforcement agents. If the
available data indicate the bycatch cap has been harvested, the GB
haddock stock area will be closed to herring fishing by Category 1
herring vessels, and the emergency measures that authorize Category 1
vessels to possess haddock will be terminated. The measures established
by this action to require herring processors and dealers to retain
haddock landed by Category 1 herring vessels would remain in effect, as
would the requirement for Category 1 herring vessels to provide advance
notification of landing, to ensure that the closure is enforceable.
[[Page 34058]]
Under NOAA Administrative Order 205-11, 07/01, dated December 17,
1990, the under Secretary for Oceans and Atmosphere has delegated
authority to sign material for publication in the Federal Register to
the Assistant Administrator for Fisheries, NOAA.
Classification
This emergency rule has been determined to be not significant for
purposes of Executive Order 12866.
This emergency rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
The Assistant Administrator Fisheries, NOAA (AA) finds good cause
under U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment on this action. These measures are intended to allow the
herring fishery to conduct normal operations on GB when herring return
to the area in June 2005. Absent this action, participants in the
herring fishery are likely to avoid fishing in the area, with resultant
negative impacts to participants in the herring fishery and to entities
that purchase herring, such as harvesters of American lobster who use
herring as bait. An evaluation conducted by the Northeast Fisheries
Science Center (NEFSC) estimated that foregone revenue from Category 1
herring vessels not fishing in Area 3 would be $3,131,882. This assumes
that the herring fleet would not fish in Area 3 for fear of being in
violation of the prohibition on the possession of haddock on every
trip. The estimate of foregone future haddock revenue as a result of
this emergency action is $625,000. Thus, the negative economic
consequences would be much greater (5 to 1) if no action were taken to
address the haddock bycatch issue for the 2005 fishing year. The
implementation of these measures would be ineffective if they are not
in place when the fish return to the area in June 2005.
Because of the late date that this need for emergency action was
fully understood and developed, there is insufficient time to allow for
prior public comment before the GB herring fishing season begins. This
emergency rule results from a recent, unforeseen event. The bycatch of
small haddock from the very large 2003 year class was first reported in
the summer of 2004. The Council quickly established the Bycatch
Committee in late 2004 to look into the matter and to make
recommendations to the Council. The Bycatch Committee met several times
to consider the issue, and recommended to the Council on March 30,
2005, that herring vessels should be allowed to catch haddock until the
catch reaches a specified haddock incidental total allowable catch
(TAC) level. The Council's formal request for emergency action was made
at the March 30, 2005, Council meeting and was followed by a written
request received by NMFS on April 6, 2005. This timeframe did not allow
sufficient time to address this unforeseen event through the normal
rulemaking process. Therefore, the AA finds that it would be
impracticable and contrary to the public interest to delay the
implementation of these measures by providing additional opportunities
for public comment.
The AA also finds that this action relieves an existing
restriction on participants in the herring fishery by increasing the
haddock possession limit for Category 1 herring vessels from 0 lb/kg to
1,000 lb (454 kg), and suspending the minimum size requirement for
haddock possessed by Category 1 herring vessels consistent with that
possession limit. Because this rule relieves a restriction imposed on
herring vessels, it is not subject to the 30-day delayed effectiveness
provision of the APA pursuant to 5 U.S.C. 553(d)(1). The AA also finds
good cause to waive the 30-day delay in effectiveness for the
requirement to provide notification of landing via the VMS unit for
Category 1 herring vessels carrying an Observer; the prohibition on the
sale of haddock for human consumption; the requirement for herring
dealers/processors to retain haddock landed by category 1 herring
vessels; and the haddock bycatch cap. Because the need for this
emergency action was not fully understood and addressed until a few
months prior to this action, there is insufficient time to allow for
prior public comment before the GB herring fishing season begins. The
Council became aware of the haddock bycatch issue in the summer of
2004. At that time, a Bycatch Committee was formed to look into the
matter and to make recommendations to the Council. The Bycatch
Committee met several times to consider the issue, and recommended to
the Council on March 30, 2005, that herring vessels should be allowed
to catch haddock until the catch reaches a specified haddock incidental
total allowable catch (TAC) level. The Council's formal request for
emergency action was made at the March 30, 2005, Council meeting and
was followed by a written request received by NMFS on April 6, 2005.
Due to the short timeframe between the time when the haddock bycatch
issue was first brought to the Council's attention and the start of the
2005 fishing season there was not sufficient time to address this
unforeseen event through the normal rulemaking process. Delaying the
effectiveness of the requirement for prior notification of landing via
the VMS unit for Category 1 herring vessels carrying an observer would
not give enforcement officers an adequate opportunity to meet the
vessel at the dock to inspect the herring catch for the presence of
haddock. If the implementation of the bycatch cap is delayed the result
could be that the herring fishery could continue in the Georges Bank
stock area longer than intended, undermining one of the intents of this
rule, which is to keep the bycatch of haddock as minimal as
practicable.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirement
This emergency rule establishes a new collection-of-information
requirement subject to the Paperwork Reduction Act (PRA). Category 1
herring vessels will be required to notify OLE via VMS of the port in
which they will land their catch. Notice is required prior to landing.
The public's reporting burden for the collection-of-information
requirements includes the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection-of-information requirements.
This requirements has been approved by OMB as follows: Haddock Bycatch
Notification of Landing, Office of Management and Budget (OMB) control
number 0648-0525, (5 min/response).
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to 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.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
[[Page 34059]]
Dated: June 7, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons stated in the preamble, 15 CFR, Chapter IX, Part 902 is
amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. In Sec. 902.1, the table in paragraph (b) under ``50 CFR'' is
amended by adding in numerical order an entry for Sec. 648.81(d) to
read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the paperwork
Reduction Act
* * * * *
------------------------------------------------------------------------
Current OMB control number
CFR part or section where the information the information (All
collection requirement is located numbers begin with 0648-)
------------------------------------------------------------------------
* * * * *
50 CFR ...........................
* * * * *
648.81(d) -0525
* * * * *
------------------------------------------------------------------------
50 CFR Chapter VI
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.2, a definition for ``Category 1 herring vessel'' is
added, to read as follows:
Sec. 648.2 Definitions.
* * * * *
Category 1 herring vessel means a vessel issued a permit to fish
for Atlantic herring that is required to have an operable VMS unit
installed on board pursuant to Sec. 648.205(b).
* * * * *
0
3. In Sec. 648.14, paragraph (bb)(20) is suspended and paragraphs
(a)(166), (a)(167), (a)(168), (bb)(21), and (bb)(22) are added to read
as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(166) Sell, purchase, receive, trade, barter, or transfer haddock,
or attempt to sell, purchase, receive, trade, barter, or transfer
haddock for, or intended for, human consumption landed by a Category 1
herring vessel as defined in Sec. 648.2.
(167) Fail to comply with requirements for herring processors/
dealers that handle individual fish to separate out and retain all
haddock offloaded from a Category 1 herring vessel, and to retain such
catch for at least 12 hours with the vessel that landed the haddock
clearly identified by name.
(168) Sell, purchase, receive, trade, barter, or transfer, or
attempt to sell, purchase, receive, trade, barter, or transfer to
another person any haddock separated out from a herring catch offloaded
from a Category 1 herring vessel.
* * * * *
(bb) * * *
(21) If the vessel is a Category 1 herring vessel and is fishing
for herring in the GOM and GB Exemption Area as specified in Sec.
648.80(a)(17), fail to notify the NMFS Office of Law Enforcement of the
time and date of landing via VMS 12 hours prior to crossing the VMS
demarcation line on its return trip to port, or, for vessels that have
not fished seaward of the VMS demarcation line, at least 12 hours prior
to landing. Or, if a fishing trip is less than 12 hours in length, fail
to notify NMFS Office of Law Enforcement through VMS of the time and
place of offloading at least 6 hours prior to crossing the VMS
demarcation line on its return trip to port, or, for vessels that have
not fished seaward of the VMS demarcation line, at least 6 hours prior
to landing.
(22) Possess, transfer, receive, sell, purchase, trade, or barter,
or attempt to transfer, receive, purcahse, trade, or barter, or sell
more than 2,000 lb (907.2 kg) of Atlantic herring per trip from the GB
haddock stock area defined in Sec. 648.86(b)(6)(v)(B) following the
effective date of any closure enacted pursuant to Sec. 648.86(a)(3).
* * * * *
0
4. In Sec. 648.15, paragraph (d) is added to read as follows:
Sec. 648.15 Facilitation of enforcement.
* * * * *
(d) Retention of haddock by herring dealers and processors. (1)
Federally permitted herring dealers and processors, including at-sea
processors, that receive herring from Category 1 herring vessels, and
that cull or separate out from the herring catch all fish other than
herring in the course of normal operations, must separate out and
retain all haddock offloaded from a Category 1 herring vessel. Such
haddock may not be sold, purchased, received, traded, bartered, or
transferred, and must be retained for at least 12 hours with the vessel
that landed the haddock clearly identified, and law enforcement
officials must be given access to inspect the haddock.
(2) All haddock separated out and retained is subject to reporting
requirements specified at Sec. 648.7.
0
5. In Sec. 648.80, paragraphs (d)(4), (d)(7), (e)(4), and (e)(6) are
suspended and paragraphs (d)(8), (d)(9), (e)(7), and (e)(8) are added
to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(d) * * *
(8) The vessel does not fish for, possess or land NE multispecies,
except that Category 1 herring vessels may possess and land haddock
consistent with the incidental catch allowance and bycatch cap
specified in Sec. 648.86(a)(3). Such haddock may not be sold,
purchased, received, traded, bartered, or transferred, or attempted to
be sold, purchased, received, traded, bartered, or transferred for, or
intended for, human consumption. Haddock that is separated out from the
herring catch pursuant to 648.15(d) may not be sold, purchased,
received, traded, bartered, or transferred, or attempted to be sold,
purchased, received, traded, bartered, or transferred for any purpose.
(9) All Category 1 herring vessels must notify NMFS Office of Law
Enforcement through VMS of the time and place of offloading at least 12
hours prior to crossing the VMS demarcation line on their return trip
to port, or, for vessels that have not fished seaward of the VMS
demarcation line, at least 12 hours prior to landing. If a fishing trip
is less than 12 hours in length, Category 1 herring vessels must notify
NMFS Office of Law Enforcement through VMS of the time and place of
offloading at least 6 hours prior to crossing the VMS demarcation line
on their return trip to port, or, for vessels that have not fished
seaward of the VMS demarcation line, at least 6 hours prior to landing.
The Regional Administrator may adjust the prior notification minimum
time through publication of a notice in the Federal Register consistent
with the Administrative Procedure Act.
[[Page 34060]]
(e) * * *
(7) The vessel does not fish for, possess or land NE multispecies,
except that Category 1 herring vessels may possess and land haddock
consistent with the incidental catch allowance and bycatch cap
specified in Sec. 648.86(a)(3).
(8) All Category 1 herring vessels must notify NMFS Office of Law
Enforcement through VMS of the time and place of offloading at least 12
hours prior to crossing the VMS demarcation line on their return trip
to port, or, for vessels that have not fished seaward of the VMS
demarcation line, at least 12 hours prior to landing. If a fishing trip
is less than 12 hours in length, Category 1 herring vessels must notify
NMFS Office of Law Enforcement through VMS of the time and place of
offloading at least 6 hours prior to crossing the VMS demarcation line
on their return trip to port, or, for vessels that have not fished
seaward of the VMS demarcation line, at least 6 hours prior to landing.
The Regional Administrator may adjust the prior notification minimum
time through publication of a notice in the Federal Register consistent
with the Administrative Procedure Act.
* * * * *
0
6. In Sec. 648.83, paragraph (b)(4) is added to read as follows:
Sec. 648.83 Multispecies minimum fish sizes.
* * * * *
(b) * * *
(4) Category 1 herring vessels may possess and land haddock that
measure less than the minimum fish size, consistent with the haddock
incidental catch allowance and bycatch cap specified in Sec.
648.86(a)(3).
* * * * *
0
7. In Sec. 648.86, paragraph (a)(3) is added to read as follows:
Sec. 648.86 Multispecies possession restrictions.
* * * * *
(a) * * *
(3)(i) Incidental catch allowance for herring Category 1 vessels.
Category 1 herring vessels defined in Sec. 648.2 may possess and land
up to 1,000 lb (454 kg) of haddock per trip, subject to the
requirements specified in Sec. 648.80(d) and (e).
(ii) Bycatch cap. (A) When the Regional Administrator has
determined that 270,000 lb (122,470 kg) of observed and reported
haddock have been landed, NMFS shall prohibit Category 1 herring
vessels from entering or fishing in the GB haddock stock area defined
by the coordinates specified in paragraph (b)(6)(v)(B) of this section
for GB cod through a notice in the Federal Register consistent with
rulemaking requirements of the Administrative Procedure Act. In making
this determination, the Regional Administrator shall use only haddock
landings observed by NMFS approved observers and law enforcement
officials, and reports of haddock bycatch submitted by vessels and
dealers pursuant to the reporting requirements of this part.
(B) Upon the effective date of prohibiting Category 1 herring
vessels from entering or fishing in the GB haddock stock area as
described in paragraph (a)(3)(ii)(A) of this section, the haddock
possession limit is reduced to 0 lb (0 kg) for all Category 1 herring
vessels.
* * * * *
[FR Doc. 05-11593 Filed 6-7-05; 4:49 pm]
BILLING CODE 3510-22-S
