Fisheries of the Northeastern United States; Habitat Clam Dredge Exemption Framework, 48899-48904 [2019-19815]
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Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Proposed Rules
unlikely to be recaptured or injured by
vessels.
(g) A sea turtle is determined to be
dead if the muscles are stiff (rigor
mortis) and/or the flesh has begun to rot;
otherwise the sea turtle is determined to
be comatose or inactive, and
resuscitation attempts are necessary as
specified in paragraph B.1.(e).
(h) A sea turtle that fails to respond
to the reflex test or fails to move within
4 hours (up to 24 hours if possible) must
be returned to the water in the same
manner as that for an actively moving
sea turtle.
2. Sea turtles that cannot be brought
on board. If a sea turtle is too large, or
is hooked or entangled in a manner that
prevents bringing the sea turtle on board
safely and without causing further
injury, release gear specified in
paragraph A. of this appendix must be
used to remove the maximum amount of
fishing gear from the sea turtle, or to
remove as much line as possible from
the sea turtle or from a hook that cannot
be removed prior to releasing the sea
turtle.
(a) A non-boated sea turtle should be
brought close to the boat. Then,
determine whether the hook can be
removed without causing further injury
to the sea turtle. All externally
embedded hooks should be removed,
unless hook removal would result in
further injury to the sea turtle. No
attempt should be made to remove a
hook if it has been swallowed and the
insertion point is not clearly visible, or
if it is determined that removal would
result in further injury.
(b) If the hook cannot be removed or
if the sea turtle is only entangled,
remove as much line as possible prior
to its release using a long-handled line
cutter or monofilament line cutters
specified in paragraphs A.1. and A.11.
of this appendix.
(c) If the hook can be removed, it must
be removed using the appropriate
dehooker or other hook removal device
specified in paragraph A. of this
appendix. Without causing further
injury, as much gear as possible must be
removed from the sea turtle prior to its
release.
(3) Any sea turtle taken incidentally
while fishing, regardless of whether the
sea turtle is alive or dead, or whether it
is brought on board, must not be
consumed, sold, landed, offloaded,
transshipped, or kept below deck.
C. Incorporation by reference. The
standards required in paragraphs A. and
B. of this appendix are incorporated by
reference into this appendix with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is
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available for inspection at the National
Marine Fisheries Service, Southeast
Regional Office, 263 13th Ave. South,
St. Petersburg, FL 33701, phone: 727–
824–5301, website: https://
www.fisheries.noaa.gov/southeast/
endangered-species-conservation/seaturtle-and-smalltooth-sawfish-releasegear-protocols, and is available from the
sources listed below. It is also available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030 or go to www.archives.gov/federalregister/cfr/ibr-locations.html.
1. U.S. Department of Commerce,
National Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, Southeast Fisheries
Science Center, 75 Virginia Beach Drive,
Miami, FL 33149.
(a) Careful Release Protocols for Sea
Turtle Release with Minimal Injury,
NOAA Technical Memorandum NMFS–
SEFSC–735, Stokes, L., and Bergmann,
C. (Editors), 2019.
(b) [Reserved]
2. U.S. Department of Commerce,
National Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, Southeast Regional
Office, 263 13th Ave. South, St.
Petersburg, FL 33701.
(a) Sea Turtle Handling/Release
Guidelines: Quick Reference for Hook
and Line Fisheries, English, Spanish,
Vietnamese, Revised April 2019.
(b) [Reserved]
[FR Doc. 2019–19899 Filed 9–16–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 190909–0024]
RIN 0648–BI77
Fisheries of the Northeastern United
States; Habitat Clam Dredge
Exemption Framework
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
the New England Fishery Management
Council’s Habitat Clam Dredge
Exemption Framework Adjustment to
its Fishery Management Plans. The
SUMMARY:
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proposed action is intended to establish
areas within the Great South Channel
Habitat Management Area where vessels
could fish for Atlantic surfclams or
mussels with dredge gear, consistent
with the Magnuson-Stevens Fishery
Conservation and Management Act and
the Omnibus Habitat Amendment 2.
This action is necessary in order for the
fishing industry to access part of the
surfclam and mussel resource within
the Habitat Management Area.
DATES: Comments must be received by
October 17, 2019.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2019–0043, by either of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-;NMFS-20190043,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields
3. Enter or attach your comments.
-ORMail: Submit written comments to
Michael Pentony, Regional
Administrator, National Marine
Fisheries Service, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope:
‘‘Comments on the Proposed Rule for
Habitat Clam Dredge Exemption
Framework.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
A draft environmental assessment
(EA) has been prepared for this action
that describes the proposed measures
and other considered alternatives, as
well as provides an analysis of the
impacts of the proposed measures and
alternatives. Copies of the specifications
document, including the EA and the
Initial Regulatory Flexibility Analysis
(IRFA), are available on request from
Thomas Nies, Executive Director, New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
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MA 01950. These documents are also
accessible via the internet at
www.nefmc.org.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this proposed
rule may be submitted to the Greater
Atlantic Regional Fisheries Office and
by email to OIRA_Submission@
omb.eop.gov or fax to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
978–281–9341.
SUPPLEMENTARY INFORMATION:
Background
The Great South Channel Habitat
Management Area (GSC HMA) was
created by the final rule to implement
the New England Fishery Management
Council’s Omnibus Habitat Amendment
2 (OHA2) (83 FR 15240; April 9, 2018),
which prohibited the use of all mobile
bottom-tending fishing gear in the GSC
HMA. The GSC HMA contains complex
benthic habitat that is important for
juvenile cod and other fish species, and
it is susceptible to the adverse impacts
of fishing gear. The OHA2 included a 1year delay of the GSC HMA closure that
allowed the surfclam fishery to continue
fishing with hydraulic clam dredges in
the GSC HMA. This delay was intended
to give the Council time to determine if
a long-term exemption is warranted.
The 1-year delay ended on April 9,
2019, and the GSC HMA is now closed
to all mobile bottom-tending fishing
gear.
The Council initiated the Habitat
Clam Dredge Exemption Framework
Adjustment in 2015 as a following
action to OHA2. Development of the
framework was guided by a problem
statement approved by the Council in
October 2015:
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The Council intends through this action to
identify areas within the Great South
Channel and Georges Shoal Habitat
Management Areas that are currently fished
or contain high energy sand and gravel that
could be suitable for a hydraulic clam
dredging exemption that balances achieving
optimum yield for the surfclam/ocean
quahog fishery with the requirement to
minimize adverse fishing effects on habitat to
the extent practicable and is consistent with
the underlying objectives of [OHA2].
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In the final stages of OHA2
development, the Council was also
approached by parties interested in
developing a mussel dredge fishery in
the GSC HMA. Currently there is no
Federal mussel fishery management
plan.
The Georges Shoal HMA was
disapproved by NMFS, and the
framework became solely focused on the
GSC HMA. Development of the Habitat
Clam Dredge Exemption Framework
occurred over several meetings of
Council’s Habitat Plan Development
Team, with input from the Council’s
Habitat Committee and the full Council.
While the primary focus of the
framework was an exemption for the
existing surfclam fishery, most of the
alternatives considered could be
implemented with or without the
exemption applying to the mussel
fishery as well. The Council took final
action at its December 2018 meeting
selecting preferred alternatives and
approving the action for submission to
NMFS. This rule proposes management
measures necessary to implement the
Framework.
Proposed Measures
This action would establish three
dredge exemption areas (McBlair, Old
South, and Fishing Rip) within the GSC
HMA where a vessel could potentially
fish for surfclams or blue mussels.
Tables 1 through 3 contain the
coordinates for the proposed exemption
areas and are illustrated in Figure 1.
Each area would be defined by the
following points connected in the order
listed by straight lines.
TABLE 1—COORDINATES FOR MCBLAIR
DREDGE EXEMPTION AREA
Point
1
2
3
4
1
...............
...............
...............
...............
...............
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Longitude
69°
69°
69°
69°
69°
49.255′
46.951′
46.951′
49.187′
49.255′
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W
W
W
W
W
Latitude
41°
41°
41°
41°
41°
Sfmt 4702
25.878′ N
25.878′ N
19.34′ N
19.34′ N
25.878′ N
TABLE 2—COORDINATES FOR OLD
SOUTH DREDGE EXEMPTION AREA
Point
1
2
3
4
5
6
7
8
9
1
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
Longitude
69°
69°
69°
69°
69°
69°
69°
69°
69°
69°
47′ W
44′ W
44.22′ W
45′ W
47′ W
47′ W
49.101′ W
49.116′ W
47′ W
47′ W
Latitude
41°
41°
41°
41°
41°
41°
41°
41°
41°
41°
15′ N
15′ N
10.432′ N
7′ N
7′ N
11′ N
11′ N
12.5′ N
12.5′ N
15′ N
TABLE 3—COORDINATES FOR FISHING
RIP DREDGE EXEMPTION AREA
Point
1
2
3
4
5
6
7
8
1
...............
...............
...............
...............
...............
...............
...............
...............
...............
Longitude
69°
69°
69°
69°
69°
69°
69°
69°
69°
28.829′
27.106′
29.311′
27.034′
27.376′
29.905′
32.579′
31.193′
28.829′
W
W
W
W
W
W
W
W
W
Latitude
41°
41°
41°
41°
41°
41°
41°
41°
41°
10.963′ N
10.485′ N
6.699′ N
6.609′ N
3.198′ N
1.297′ N
5.368′ N
7.356′ N
10.963′ N
These exemption areas were chosen to
allow limited access to some historical
surfclam fishing grounds while
protecting the majority of the HMA. The
three exemption areas total only 6.9
percent of the total area of the HMA and
do not include the areas most clearly
identified as containing complex and
vulnerable habitats. Because of the
small area being considered for this
exemption, this action would not affect
the overall conservation benefit of the
HMA. The McBlair and Fishing Rip
Dredge Exemption Areas would be open
to fishing for surfclams or mussels year
round. The Old South Dredge
Exemption Area would be closed to all
mobile bottom-tending gear from
November 1 through April 30 and open
for surfclam or mussel fishing from May
1 through October 31 each year. The Old
South Dredge Exemption Area overlaps
with an area identified in OHA2 as a
historical cod spawning area. The
annual closure from November through
April is meant to avoid times when cod
are expected to spawn and to reduce the
potential for dredge fishing to disturb
spawning aggregations of cod.
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In addition to the proposed
exemption areas of McBlair, Old South,
and Fishing Rip, the Council tasked its
Habitat Plan Development Team to work
with the surfclam industry to develop a
prioritized list of research needs
concerning two other areas of the HMA
(Rose and Crown and Davis Bank East).
The intent of the Council was to
develop an exempted fishing permit
program for these areas that could
support the potential development of
additional exemptions in the future.
Industry members have been working
with research organizations on potential
exempted fishing permits (EFP) to
conduct research in these areas.
Requests for EFPs will be evaluated
consistent with our normal practice and
are separate from this rulemaking.
To facilitate enforcement of the small
exemption areas, participating vessels
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would be required to obtain a letter of
authorization (LOA) from the NMFS
Regional Administrator. Similar LOAs
are used to grant access to specific areas
or programs in other fisheries and may
be applied for using a common form
available from NMFS’ Greater Atlantic
Regional Fisheries Office (GARFO). If a
vessel violates any of the requirements
of the exemption areas, the LOA may be
canceled, prohibiting future access to
the GSC HMA.
To receive the LOA, a vessel must
hold a Federal commercial surfclam
permit, which comes with requirements
including reporting each fishing trip,
using a vessel monitoring system (VMS),
and selling catch exclusively to a
federally permitted dealer. The LOA
would require the vessel have a NMFSapproved VMS unit that can
automatically adjust the frequency of
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48901
position information sent to NMFS. A
list of qualifying VMS units is available
from GARFO. While within the GSC
HMA, vessels would be subject to an
increased VMS position polling rate
from once per hour to once every 5
minutes. This would provide finer scale
resolution on the location of the vessel
and allow NMFS to monitor compliance
with the small exemption areas. The
increased polling rate would begin
automatically as the vessel approaches
the GSC HMA and would continue until
after the vessel leaves the area. Vessels
fishing in the GSC HMA would be
required to use new VMS trip
declaration codes that would allow law
enforcement to know they intend to fish
in the GSC HMA for surfclams or blue
mussels.
Vessels fishing for surfclams within
the GSC HMA would still be subject to
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the requirements of the individual
transferable quota system and other
provisions of the surfclam regulations.
This includes restrictions on retention
of other species of fish caught
incidentally while using hydraulic clam
dredge gear, which are typically
determined by the other Federal fishing
permits the vessel holds.
To fish for mussels in the GSC HMA,
a vessel would be required to hold a
surfclam vessel permit. This permit can
be obtained from GARFO. By holding a
surfclam permit, mussel fishing vessels
in the GSC HMA would be subject to
permit reporting and monitoring
requirements that would not normally
apply to vessels fishing for mussels in
Federal waters. Mussel fishing vessels
would also need to obtain the new LOA
and use the VMS trip declaration code
for any trip in the GSC HMA. Vessels
would be required to use a nonhydraulic mussel dredges (also called a
dry dredge), which could not exceed 8
ft (2.4 m) in width. Vessels fishing for
mussels could not fish for, harvest, or
land any species of fish other than blue
mussels. Any violation of permit,
reporting, monitoring, or LOA
requirements for fishing in the GSC
HMA could result in NMFS revoking
the vessel’s LOA, which would prevent
further fishing by that vessel in the
HMA.
Pursuant to section 303(c) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the Council
has deemed that this proposed rule is
necessary and appropriate for the
purpose of implementing the Habitat
Clam Dredge Exemption Framework
Adjustment, with the exception of the
measure noted below as proposed under
the Secretary’s authority under section
305(d) of the Magnuson-Stevens Act.
Under the Magnuson-Stevens Act, we
are required to publish proposed rules
for comment after preliminarily
determining whether they are consistent
with applicable law. The MagnusonStevens Act permits us to approve,
partially approve, or disapprove
measures proposed by the Council
based only on whether the measures are
consistent with the fishery management
plan, plan amendment, the MagnusonStevens Act and its National Standards,
and other applicable law. Otherwise, we
must defer to the Council’s policy
choices. We are seeking comment on the
Council’s proposed measures in the
Habitat Clam Dredge Exemption
Framework Adjustment and whether
they are consistent with the Council’s
FMPs and the OHA2, the MagnusonStevens Act and its National Standards,
and other applicable law.
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Clarification
This action also proposes a minor
modification to the regulations under
authority granted the Secretary under
section 305(d) of the Magnuson-Stevens
Act to ensure that Fishery Management
Plans (FMP) are implemented as
intended and consistent with the
requirements of the Magnuson-Stevens
Act. This action proposes to define a
‘‘straight line’’ with regard to regulated
areas, as a rhumb line, unless explicitly
stated otherwise. When fishery
managers develop regulated areas (e.g.,
scallop access areas or Northeast
multispecies closed areas), the areas are
defined by a series of points of latitude
and longitude connected by straight
lines when drawn on a standard
nautical chart. Nautical charts use a
Mercator projection so straight lines
drawn on a chart are lines of constant
compass bearing, also known as rhumb
lines. To make the regulations as
unambiguous as possible, we propose to
add this definition and invite the public
to comment on this proposal.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has
preliminarily determined that this
proposed rule is consistent with the
New England Council’s FMPs, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Council prepared a draft EA for
this action that analyzes the impacts of
this proposed rule. The EA includes an
initial regulatory flexibility analysis
(IRFA), as required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact
this proposed rule, if adopted, would
have on small entities. A description of
the action, why it is being considered,
and the legal basis for this action are
contained at the beginning of this
section and in the preamble to this
proposed rule. A summary of the RFA
analysis follows. A copy of the detailed
RFA analysis is available from the
Council (see ADDRESSES).
Description of the Reasons Why Action
Is Being Considered
This action proposes management
measures to allow fishing with dredge
gear for Atlantic surfclams or blue
mussels in three exemption areas within
the Great South Channel HMA. The
measures seek to minimize to the extent
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practicable the adverse effects on
complex habitat within the HMA by
fishing for surfclams and mussels in the
area.
Statement of the Objectives of, and
Legal Basis for, This Proposed Rule
This action is taken under the
authority of the Magnuson-Stevens Act
and regulations at 50 CFR part 648. A
complete description of the action, why
it is being considered, and the legal
basis for this action are contained in the
Clam Dredge Exemption Framework
document, and elsewhere in the
preamble to this proposed rule, and are
not repeated here.
Description and Estimate of the Number
of Small Entities to Which This
Proposed Rule Would Apply
This proposed rule affects small
entities engaged in commercial fishing
operations in the Federal waters off
Southern New England, Georges Bank,
and the Gulf of Maine, and permitted to
fish for either surfclams or mussels. In
2017, eight large commercial fishing
businesses and 377 small commercial
fishing businesses held either a surfclam
or ocean quahog federal permit. The
number of fishermen actively engaged
in the surfclam and ocean quahog
fishery is much smaller than the number
of individuals permitted for those two
fisheries. This is because there is an
individual transferrable quota
associated with both species, meaning
only individuals holding or leasing
quota can land surfclam and ocean
quahog. Over the last 3 years, the
number of businesses that have been
active in the areas proposed for
exemption areas has been between 10 (8
small and 2 large) and 12 (10 small and
2 large).
Between 10 (2015) and 11 (2016,
2017) vessels were permitted and active
in the Massachusetts mussel fishery in
the most recent 3-year period, although
only one or two are expected to fish in
the HMA. The current status of the
mussel fishery in the Great South
Channel is exploratory, and ownership
data is not available from which to
assess business size for state-permitted
vessels. This situation precludes a more
thorough investigation into the number
and size of mussel businesses regulated
under the Clam Dredge Framework.
Small businesses have historically
generated a higher percentage of their
revenue within the Great South Channel
HMA and are expected to benefit more
from any exemption than large
businesses, relatively speaking.
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Description of the Projected Reporting,
Record-Keeping, and Other Compliance
Requirements of This Proposed Rule
This action would require an annual
letter of authorization for fishermen
accessing the Great South Channel HMA
exemption areas and each trip into the
exemption areas would require vessels
use a new Vessel Monitoring System
(VMS) trip declaration code and be
subject to additional position polling
when inside the HMA.
Federal Rules Which May Duplicate,
Overlap, or Conflict With This Proposed
Rule
NMFS is not aware of any relevant
Federal rules that may duplicate,
overlap, or conflict with this proposed
rule.
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Description of Significant Alternatives
to the Proposed Action Which
Accomplish the Stated Objectives of
Applicable Statutes and Which
Minimize Any Significant Economic
Impact on Small Entities
This action proposes a set of three
discrete exemption areas within the
GSC HMA where dredge fishing for
surfclams and mussels would be
allowed. The Council considered three
other options. The Council also
evaluated taking no action thereby
keeping the entire GSC HMA closed to
dredge fishing for surfclams and blue
mussels. All of the action alternatives
would result in some level of increased
revenue for vessels fishing in the
exemption areas. While this action does
not affect the overall quota for
surfclams, the catch rate in the
exemption areas is potentially higher
than in other open areas. Therefore, the
opening of these areas may not affect the
total harvest of surfclams, but may
improve the efficiency with which part
of the quota is harvested. Moreover,
within the affected entities, some may
have had a disproportionate historic
harvest from areas now closed to
hydraulic dredges in the GSC HMA. In
choosing a preferred alternative, the
Council considered the tradeoffs
between short-term economic benefit to
the surfclam and mussel industries and
potential long-term benefit to other
fisheries through the protection of
essential fish habitat from the adverse
impacts of fishing gear.
This proposed rule contains an
addition to a collection-of-information
requirement subject to the Paperwork
Reduction Act (PRA) and which has
been approved by the Office of
Management and Budget (OMB) under
control number 0648–0202. Public
reporting burden for obtaining a letter of
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authorization to fish within the GSC
HMA is estimated to average five
minutes per response, including the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection information. The public
reporting burden for increasing the VMS
location data from once per hour to once
every five minutes is estimated to cost
participating fishermen $0.84 per hour
while a vessel is within 3 nm (5.6 km)
of the HMA and subject to the higher
position polling rate. Based on historical
fishing effort, this would translate to an
average annual cost of $8,639 spread
across all vessels active in the HMA.
Public comment is sought regarding:
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden estimate;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information,
including through the use of automated
collection techniques or other forms of
information technology. Send comments
on these or any other aspects of the
collection of information to the Greater
Atlantic Regional Fisheries Office at the
ADDRESSES above, and by email to
OIRA_Submission@omb.eop.gov or fax
to (202) 395–7285.
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 in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: September 9, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.2, add, in alphabetical
order, a definition for ‘‘Straight line.’’
■
PO 00000
Frm 00110
Fmt 4702
Sfmt 4702
§ 648.2
Definitions.
*
*
*
*
*
Straight line, with regard to regulated
areas, means a rhumb line, unless
explicitly stated otherwise.
*
*
*
*
*
■ 3. In 648.370, revise paragraph (h)(2)
to read as follows:
§ 648.370
Habitat Management Areas.
*
*
*
*
*
(h) * * *
(2) Atlantic Surfclam and Mussel
Dredge Exemption Areas. (i) Dredge
Exemption Area Requirements. A vessel
may fish in one or more of the Dredge
Exemption Areas below, provided the
area is open and the vessel meets the
following requirements:
(A) Holds a federal Atlantic surfclam
vessel permit.
(B) Has been issued a Letter of
Authorization to fish in the Great South
Channel HMA from the Regional
Administrator.
(C) Has a NMFS-approved VMS unit
capable of automatically transmitting a
signal indicating the vessel’s accurate
position at least once every 5 minutes
while in or near the Great South
Channel HMA.
(D) Declares each trip into the HMA
through the VMS and fishes exclusively
inside HMA dredge exemption areas on
such trips.
(E) When fishing for surfclams in an
HMA exemption area, uses only
hydraulic clam dredge gear.
(F) When fishing for mussels in an
HMA exemption area, any dredge on
board the vessel does not exceed 8 ft
(2.4 m), measured at the widest point in
the bail of the dredge, and the vessel
does not possess, or land any species of
fish other than blue mussels.
(ii) McBlair Dredge Exemption Area.
(A) The McBlair Dredge Exemption Area
is defined by the following points
connected in the order listed by straight
lines:
MCBLAIR DREDGE EXEMPTION AREA
Point
1
2
3
4
1
...............
...............
...............
...............
...............
Longitude
69°
69°
69°
69°
69°
49.255′
46.951′
46.951′
49.187′
49.255′
W
W
W
W
W
Latitude
41°
41°
41°
41°
41°
25.878′ N
25.878′ N
19.34′ N
19.34′ N
25.878′ N
(B) The McBlair Dredge Exemption
Area is open year-round.
(iii) Old South Dredge Exemption
Area. (A) The Old South Dredge
Exemption Area is defined by the
following points connected in the order
listed by straight lines:
E:\FR\FM\17SEP1.SGM
17SEP1
48904
Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Proposed Rules
OLD SOUTH DREDGE EXEMPTION AREA and closed to all mobile bottom-tending
Point
1
2
3
4
5
6
7
8
9
1
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
Longitude
69°
69°
69°
69°
69°
69°
69°
69°
69°
69°
47′ W
44′ W
44.22′ W
45′ W
47′ W
47′ W
49.101′ W
49.116′ W
47′ W
47′ W
Latitude
41°
41°
41°
41°
41°
41°
41°
41°
41°
41°
15′ N
15′ N
10.432′ N
7′ N
7′ N
11′ N
11′ N
12.5′ N
12.5′ N
15′ N
jbell on DSK3GLQ082PROD with PROPOSALS
(B) The Old South Dredge Exemption
Area is open from May 1–October 31,
VerDate Sep<11>2014
16:32 Sep 16, 2019
Jkt 247001
gear November 1–April 30.
(iv) Fishing Rip Dredge Exemption
Area. (A) The Fishing Rip Dredge
Exemption Area is defined by the
following points connected in the order
listed by straight lines:
FISHING RIP DREDGE EXEMPTION
AREA
Point
1
2
3
4
...............
...............
...............
...............
PO 00000
Frm 00111
Longitude
69°
69°
69°
69°
28.829′
27.106′
29.311′
27.034′
Fmt 4702
W
W
W
W
Latitude
41°
41°
41°
41°
Sfmt 9990
10.963′ N
10.485′ N
6.699′ N
6.609′ N
FISHING RIP DREDGE EXEMPTION
AREA—Continued
Point
5
6
7
8
1
...............
...............
...............
...............
...............
Longitude
69°
69°
69°
69°
69°
27.376′
29.905′
32.579′
31.193′
28.829′
W
W
W
W
W
Latitude
41°
41°
41°
41°
41°
3.198′ N
1.297′ N
5.368′ N
7.356′ N
10.963′ N
(B) The Fishing Rip Dredge
Exemption Area is open year-round.
*
*
*
*
*
[FR Doc. 2019–19815 Filed 9–16–19; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\17SEP1.SGM
17SEP1
]]>Agencies
[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Proposed Rules]
[Pages 48899-48904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19815]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 190909-0024]
RIN 0648-BI77
Fisheries of the Northeastern United States; Habitat Clam Dredge
Exemption Framework
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement the New England Fishery Management
Council's Habitat Clam Dredge Exemption Framework Adjustment to its
Fishery Management Plans. The proposed action is intended to establish
areas within the Great South Channel Habitat Management Area where
vessels could fish for Atlantic surfclams or mussels with dredge gear,
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and the Omnibus Habitat Amendment 2. This action is
necessary in order for the fishing industry to access part of the
surfclam and mussel resource within the Habitat Management Area.
DATES: Comments must be received by October 17, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0043, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-;NMFS-2019-0043,
2. Click the ``Comment Now!'' icon, complete the required fields
3. Enter or attach your comments.
-OR-
Mail: Submit written comments to Michael Pentony, Regional
Administrator, National Marine Fisheries Service, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope: ``Comments on the Proposed
Rule for Habitat Clam Dredge Exemption Framework.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
A draft environmental assessment (EA) has been prepared for this
action that describes the proposed measures and other considered
alternatives, as well as provides an analysis of the impacts of the
proposed measures and alternatives. Copies of the specifications
document, including the EA and the Initial Regulatory Flexibility
Analysis (IRFA), are available on request from Thomas Nies, Executive
Director, New England Fishery Management Council, 50 Water Street, Mill
2, Newburyport,
[[Page 48900]]
MA 01950. These documents are also accessible via the internet at
www.nefmc.org.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to the Greater Atlantic Regional
Fisheries Office and by email to [email protected] or fax to
(202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
978-281-9341.
SUPPLEMENTARY INFORMATION:
Background
The Great South Channel Habitat Management Area (GSC HMA) was
created by the final rule to implement the New England Fishery
Management Council's Omnibus Habitat Amendment 2 (OHA2) (83 FR 15240;
April 9, 2018), which prohibited the use of all mobile bottom-tending
fishing gear in the GSC HMA. The GSC HMA contains complex benthic
habitat that is important for juvenile cod and other fish species, and
it is susceptible to the adverse impacts of fishing gear. The OHA2
included a 1-year delay of the GSC HMA closure that allowed the
surfclam fishery to continue fishing with hydraulic clam dredges in the
GSC HMA. This delay was intended to give the Council time to determine
if a long-term exemption is warranted. The 1-year delay ended on April
9, 2019, and the GSC HMA is now closed to all mobile bottom-tending
fishing gear.
The Council initiated the Habitat Clam Dredge Exemption Framework
Adjustment in 2015 as a following action to OHA2. Development of the
framework was guided by a problem statement approved by the Council in
October 2015:
The Council intends through this action to identify areas within
the Great South Channel and Georges Shoal Habitat Management Areas
that are currently fished or contain high energy sand and gravel
that could be suitable for a hydraulic clam dredging exemption that
balances achieving optimum yield for the surfclam/ocean quahog
fishery with the requirement to minimize adverse fishing effects on
habitat to the extent practicable and is consistent with the
underlying objectives of [OHA2].
In the final stages of OHA2 development, the Council was also
approached by parties interested in developing a mussel dredge fishery
in the GSC HMA. Currently there is no Federal mussel fishery management
plan.
The Georges Shoal HMA was disapproved by NMFS, and the framework
became solely focused on the GSC HMA. Development of the Habitat Clam
Dredge Exemption Framework occurred over several meetings of Council's
Habitat Plan Development Team, with input from the Council's Habitat
Committee and the full Council. While the primary focus of the
framework was an exemption for the existing surfclam fishery, most of
the alternatives considered could be implemented with or without the
exemption applying to the mussel fishery as well. The Council took
final action at its December 2018 meeting selecting preferred
alternatives and approving the action for submission to NMFS. This rule
proposes management measures necessary to implement the Framework.
Proposed Measures
This action would establish three dredge exemption areas (McBlair,
Old South, and Fishing Rip) within the GSC HMA where a vessel could
potentially fish for surfclams or blue mussels. Tables 1 through 3
contain the coordinates for the proposed exemption areas and are
illustrated in Figure 1. Each area would be defined by the following
points connected in the order listed by straight lines.
Table 1--Coordinates for McBlair Dredge Exemption Area
------------------------------------------------------------------------
Point Longitude Latitude
------------------------------------------------------------------------
1............................. 69[deg] 49.255' W 41[deg] 25.878' N
2............................. 69[deg] 46.951' W 41[deg] 25.878' N
3............................. 69[deg] 46.951' W 41[deg] 19.34' N
4............................. 69[deg] 49.187' W 41[deg] 19.34' N
1............................. 69[deg] 49.255' W 41[deg] 25.878' N
------------------------------------------------------------------------
Table 2--Coordinates for Old South Dredge Exemption Area
------------------------------------------------------------------------
Point Longitude Latitude
------------------------------------------------------------------------
1............................. 69[deg] 47' W 41[deg] 15' N
2............................. 69[deg] 44' W 41[deg] 15' N
3............................. 69[deg] 44.22' W 41[deg] 10.432' N
4............................. 69[deg] 45' W 41[deg] 7' N
5............................. 69[deg] 47' W 41[deg] 7' N
6............................. 69[deg] 47' W 41[deg] 11' N
7............................. 69[deg] 49.101' W 41[deg] 11' N
8............................. 69[deg] 49.116' W 41[deg] 12.5' N
9............................. 69[deg] 47' W 41[deg] 12.5' N
1............................. 69[deg] 47' W 41[deg] 15' N
------------------------------------------------------------------------
Table 3--Coordinates for Fishing Rip Dredge Exemption Area
------------------------------------------------------------------------
Point Longitude Latitude
------------------------------------------------------------------------
1............................. 69[deg] 28.829' W 41[deg] 10.963' N
2............................. 69[deg] 27.106' W 41[deg] 10.485' N
3............................. 69[deg] 29.311' W 41[deg] 6.699' N
4............................. 69[deg] 27.034' W 41[deg] 6.609' N
5............................. 69[deg] 27.376' W 41[deg] 3.198' N
6............................. 69[deg] 29.905' W 41[deg] 1.297' N
7............................. 69[deg] 32.579' W 41[deg] 5.368' N
8............................. 69[deg] 31.193' W 41[deg] 7.356' N
1............................. 69[deg] 28.829' W 41[deg] 10.963' N
------------------------------------------------------------------------
These exemption areas were chosen to allow limited access to some
historical surfclam fishing grounds while protecting the majority of
the HMA. The three exemption areas total only 6.9 percent of the total
area of the HMA and do not include the areas most clearly identified as
containing complex and vulnerable habitats. Because of the small area
being considered for this exemption, this action would not affect the
overall conservation benefit of the HMA. The McBlair and Fishing Rip
Dredge Exemption Areas would be open to fishing for surfclams or
mussels year round. The Old South Dredge Exemption Area would be closed
to all mobile bottom-tending gear from November 1 through April 30 and
open for surfclam or mussel fishing from May 1 through October 31 each
year. The Old South Dredge Exemption Area overlaps with an area
identified in OHA2 as a historical cod spawning area. The annual
closure from November through April is meant to avoid times when cod
are expected to spawn and to reduce the potential for dredge fishing to
disturb spawning aggregations of cod.
[[Page 48901]]
[GRAPHIC] [TIFF OMITTED] TP17SE19.002
In addition to the proposed exemption areas of McBlair, Old South,
and Fishing Rip, the Council tasked its Habitat Plan Development Team
to work with the surfclam industry to develop a prioritized list of
research needs concerning two other areas of the HMA (Rose and Crown
and Davis Bank East). The intent of the Council was to develop an
exempted fishing permit program for these areas that could support the
potential development of additional exemptions in the future. Industry
members have been working with research organizations on potential
exempted fishing permits (EFP) to conduct research in these areas.
Requests for EFPs will be evaluated consistent with our normal practice
and are separate from this rulemaking.
To facilitate enforcement of the small exemption areas,
participating vessels would be required to obtain a letter of
authorization (LOA) from the NMFS Regional Administrator. Similar LOAs
are used to grant access to specific areas or programs in other
fisheries and may be applied for using a common form available from
NMFS' Greater Atlantic Regional Fisheries Office (GARFO). If a vessel
violates any of the requirements of the exemption areas, the LOA may be
canceled, prohibiting future access to the GSC HMA.
To receive the LOA, a vessel must hold a Federal commercial
surfclam permit, which comes with requirements including reporting each
fishing trip, using a vessel monitoring system (VMS), and selling catch
exclusively to a federally permitted dealer. The LOA would require the
vessel have a NMFS-approved VMS unit that can automatically adjust the
frequency of position information sent to NMFS. A list of qualifying
VMS units is available from GARFO. While within the GSC HMA, vessels
would be subject to an increased VMS position polling rate from once
per hour to once every 5 minutes. This would provide finer scale
resolution on the location of the vessel and allow NMFS to monitor
compliance with the small exemption areas. The increased polling rate
would begin automatically as the vessel approaches the GSC HMA and
would continue until after the vessel leaves the area. Vessels fishing
in the GSC HMA would be required to use new VMS trip declaration codes
that would allow law enforcement to know they intend to fish in the GSC
HMA for surfclams or blue mussels.
Vessels fishing for surfclams within the GSC HMA would still be
subject to
[[Page 48902]]
the requirements of the individual transferable quota system and other
provisions of the surfclam regulations. This includes restrictions on
retention of other species of fish caught incidentally while using
hydraulic clam dredge gear, which are typically determined by the other
Federal fishing permits the vessel holds.
To fish for mussels in the GSC HMA, a vessel would be required to
hold a surfclam vessel permit. This permit can be obtained from GARFO.
By holding a surfclam permit, mussel fishing vessels in the GSC HMA
would be subject to permit reporting and monitoring requirements that
would not normally apply to vessels fishing for mussels in Federal
waters. Mussel fishing vessels would also need to obtain the new LOA
and use the VMS trip declaration code for any trip in the GSC HMA.
Vessels would be required to use a non-hydraulic mussel dredges (also
called a dry dredge), which could not exceed 8 ft (2.4 m) in width.
Vessels fishing for mussels could not fish for, harvest, or land any
species of fish other than blue mussels. Any violation of permit,
reporting, monitoring, or LOA requirements for fishing in the GSC HMA
could result in NMFS revoking the vessel's LOA, which would prevent
further fishing by that vessel in the HMA.
Pursuant to section 303(c) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the Council has
deemed that this proposed rule is necessary and appropriate for the
purpose of implementing the Habitat Clam Dredge Exemption Framework
Adjustment, with the exception of the measure noted below as proposed
under the Secretary's authority under section 305(d) of the Magnuson-
Stevens Act. Under the Magnuson-Stevens Act, we are required to publish
proposed rules for comment after preliminarily determining whether they
are consistent with applicable law. The Magnuson-Stevens Act permits us
to approve, partially approve, or disapprove measures proposed by the
Council based only on whether the measures are consistent with the
fishery management plan, plan amendment, the Magnuson-Stevens Act and
its National Standards, and other applicable law. Otherwise, we must
defer to the Council's policy choices. We are seeking comment on the
Council's proposed measures in the Habitat Clam Dredge Exemption
Framework Adjustment and whether they are consistent with the Council's
FMPs and the OHA2, the Magnuson-Stevens Act and its National Standards,
and other applicable law.
Clarification
This action also proposes a minor modification to the regulations
under authority granted the Secretary under section 305(d) of the
Magnuson-Stevens Act to ensure that Fishery Management Plans (FMP) are
implemented as intended and consistent with the requirements of the
Magnuson-Stevens Act. This action proposes to define a ``straight
line'' with regard to regulated areas, as a rhumb line, unless
explicitly stated otherwise. When fishery managers develop regulated
areas (e.g., scallop access areas or Northeast multispecies closed
areas), the areas are defined by a series of points of latitude and
longitude connected by straight lines when drawn on a standard nautical
chart. Nautical charts use a Mercator projection so straight lines
drawn on a chart are lines of constant compass bearing, also known as
rhumb lines. To make the regulations as unambiguous as possible, we
propose to add this definition and invite the public to comment on this
proposal.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has preliminarily determined that this
proposed rule is consistent with the New England Council's FMPs, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Council prepared a draft EA for this action that analyzes the
impacts of this proposed rule. The EA includes an initial regulatory
flexibility analysis (IRFA), as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFA describes the economic
impact this proposed rule, if adopted, would have on small entities. A
description of the action, why it is being considered, and the legal
basis for this action are contained at the beginning of this section
and in the preamble to this proposed rule. A summary of the RFA
analysis follows. A copy of the detailed RFA analysis is available from
the Council (see ADDRESSES).
Description of the Reasons Why Action Is Being Considered
This action proposes management measures to allow fishing with
dredge gear for Atlantic surfclams or blue mussels in three exemption
areas within the Great South Channel HMA. The measures seek to minimize
to the extent practicable the adverse effects on complex habitat within
the HMA by fishing for surfclams and mussels in the area.
Statement of the Objectives of, and Legal Basis for, This Proposed Rule
This action is taken under the authority of the Magnuson-Stevens
Act and regulations at 50 CFR part 648. A complete description of the
action, why it is being considered, and the legal basis for this action
are contained in the Clam Dredge Exemption Framework document, and
elsewhere in the preamble to this proposed rule, and are not repeated
here.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
This proposed rule affects small entities engaged in commercial
fishing operations in the Federal waters off Southern New England,
Georges Bank, and the Gulf of Maine, and permitted to fish for either
surfclams or mussels. In 2017, eight large commercial fishing
businesses and 377 small commercial fishing businesses held either a
surfclam or ocean quahog federal permit. The number of fishermen
actively engaged in the surfclam and ocean quahog fishery is much
smaller than the number of individuals permitted for those two
fisheries. This is because there is an individual transferrable quota
associated with both species, meaning only individuals holding or
leasing quota can land surfclam and ocean quahog. Over the last 3
years, the number of businesses that have been active in the areas
proposed for exemption areas has been between 10 (8 small and 2 large)
and 12 (10 small and 2 large).
Between 10 (2015) and 11 (2016, 2017) vessels were permitted and
active in the Massachusetts mussel fishery in the most recent 3-year
period, although only one or two are expected to fish in the HMA. The
current status of the mussel fishery in the Great South Channel is
exploratory, and ownership data is not available from which to assess
business size for state-permitted vessels. This situation precludes a
more thorough investigation into the number and size of mussel
businesses regulated under the Clam Dredge Framework.
Small businesses have historically generated a higher percentage of
their revenue within the Great South Channel HMA and are expected to
benefit more from any exemption than large businesses, relatively
speaking.
[[Page 48903]]
Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule
This action would require an annual letter of authorization for
fishermen accessing the Great South Channel HMA exemption areas and
each trip into the exemption areas would require vessels use a new
Vessel Monitoring System (VMS) trip declaration code and be subject to
additional position polling when inside the HMA.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
NMFS is not aware of any relevant Federal rules that may duplicate,
overlap, or conflict with this proposed rule.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
This action proposes a set of three discrete exemption areas within
the GSC HMA where dredge fishing for surfclams and mussels would be
allowed. The Council considered three other options. The Council also
evaluated taking no action thereby keeping the entire GSC HMA closed to
dredge fishing for surfclams and blue mussels. All of the action
alternatives would result in some level of increased revenue for
vessels fishing in the exemption areas. While this action does not
affect the overall quota for surfclams, the catch rate in the exemption
areas is potentially higher than in other open areas. Therefore, the
opening of these areas may not affect the total harvest of surfclams,
but may improve the efficiency with which part of the quota is
harvested. Moreover, within the affected entities, some may have had a
disproportionate historic harvest from areas now closed to hydraulic
dredges in the GSC HMA. In choosing a preferred alternative, the
Council considered the tradeoffs between short-term economic benefit to
the surfclam and mussel industries and potential long-term benefit to
other fisheries through the protection of essential fish habitat from
the adverse impacts of fishing gear.
This proposed rule contains an addition to a collection-of-
information requirement subject to the Paperwork Reduction Act (PRA)
and which has been approved by the Office of Management and Budget
(OMB) under control number 0648-0202. Public reporting burden for
obtaining a letter of authorization to fish within the GSC HMA is
estimated to average five minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection information. The public reporting burden for increasing the
VMS location data from once per hour to once every five minutes is
estimated to cost participating fishermen $0.84 per hour while a vessel
is within 3 nm (5.6 km) of the HMA and subject to the higher position
polling rate. Based on historical fishing effort, this would translate
to an average annual cost of $8,639 spread across all vessels active in
the HMA.
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to the
Greater Atlantic Regional Fisheries Office at the ADDRESSES above, and
by email to [email protected] or fax to (202) 395-7285.
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 in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 9, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
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, add, in alphabetical order, a definition for
``Straight line.''
Sec. 648.2 Definitions.
* * * * *
Straight line, with regard to regulated areas, means a rhumb line,
unless explicitly stated otherwise.
* * * * *
0
3. In 648.370, revise paragraph (h)(2) to read as follows:
Sec. 648.370 Habitat Management Areas.
* * * * *
(h) * * *
(2) Atlantic Surfclam and Mussel Dredge Exemption Areas. (i) Dredge
Exemption Area Requirements. A vessel may fish in one or more of the
Dredge Exemption Areas below, provided the area is open and the vessel
meets the following requirements:
(A) Holds a federal Atlantic surfclam vessel permit.
(B) Has been issued a Letter of Authorization to fish in the Great
South Channel HMA from the Regional Administrator.
(C) Has a NMFS-approved VMS unit capable of automatically
transmitting a signal indicating the vessel's accurate position at
least once every 5 minutes while in or near the Great South Channel
HMA.
(D) Declares each trip into the HMA through the VMS and fishes
exclusively inside HMA dredge exemption areas on such trips.
(E) When fishing for surfclams in an HMA exemption area, uses only
hydraulic clam dredge gear.
(F) When fishing for mussels in an HMA exemption area, any dredge
on board the vessel does not exceed 8 ft (2.4 m), measured at the
widest point in the bail of the dredge, and the vessel does not
possess, or land any species of fish other than blue mussels.
(ii) McBlair Dredge Exemption Area. (A) The McBlair Dredge
Exemption Area is defined by the following points connected in the
order listed by straight lines:
McBlair Dredge Exemption Area
------------------------------------------------------------------------
Point Longitude Latitude
------------------------------------------------------------------------
1............................. 69[deg] 49.255' W 41[deg] 25.878' N
2............................. 69[deg] 46.951' W 41[deg] 25.878' N
3............................. 69[deg] 46.951' W 41[deg] 19.34' N
4............................. 69[deg] 49.187' W 41[deg] 19.34' N
1............................. 69[deg] 49.255' W 41[deg] 25.878' N
------------------------------------------------------------------------
(B) The McBlair Dredge Exemption Area is open year-round.
(iii) Old South Dredge Exemption Area. (A) The Old South Dredge
Exemption Area is defined by the following points connected in the
order listed by straight lines:
[[Page 48904]]
Old South Dredge Exemption Area
------------------------------------------------------------------------
Point Longitude Latitude
------------------------------------------------------------------------
1............................. 69[deg] 47' W 41[deg] 15' N
2............................. 69[deg] 44' W 41[deg] 15' N
3............................. 69[deg] 44.22' W 41[deg] 10.432' N
4............................. 69[deg] 45' W 41[deg] 7' N
5............................. 69[deg] 47' W 41[deg] 7' N
6............................. 69[deg] 47' W 41[deg] 11' N
7............................. 69[deg] 49.101' W 41[deg] 11' N
8............................. 69[deg] 49.116' W 41[deg] 12.5' N
9............................. 69[deg] 47' W 41[deg] 12.5' N
1............................. 69[deg] 47' W 41[deg] 15' N
------------------------------------------------------------------------
(B) The Old South Dredge Exemption Area is open from May 1-October
31, and closed to all mobile bottom-tending gear November 1-April 30.
(iv) Fishing Rip Dredge Exemption Area. (A) The Fishing Rip Dredge
Exemption Area is defined by the following points connected in the
order listed by straight lines:
Fishing Rip Dredge Exemption Area
------------------------------------------------------------------------
Point Longitude Latitude
------------------------------------------------------------------------
1............................. 69[deg] 28.829' W 41[deg] 10.963' N
2............................. 69[deg] 27.106' W 41[deg] 10.485' N
3............................. 69[deg] 29.311' W 41[deg] 6.699' N
4............................. 69[deg] 27.034' W 41[deg] 6.609' N
5............................. 69[deg] 27.376' W 41[deg] 3.198' N
6............................. 69[deg] 29.905' W 41[deg] 1.297' N
7............................. 69[deg] 32.579' W 41[deg] 5.368' N
8............................. 69[deg] 31.193' W 41[deg] 7.356' N
1............................. 69[deg] 28.829' W 41[deg] 10.963' N
------------------------------------------------------------------------
(B) The Fishing Rip Dredge Exemption Area is open year-round.
* * * * *
[FR Doc. 2019-19815 Filed 9-16-19; 8:45 am]
BILLING CODE 3510-22-P
