Fisheries of the Northeastern United States; Amendment 12 to the Fishery Management Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Amendment 8 to the Fishery Management Plan for the Atlantic Mackerel, Squid, and Butterfish Fisheries; and Amendment 12 to the Fishery Management Plan for the Atlantic Surf Clam and Ocean Quahog Fisheries

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 990301058-9058-01; I.D. 011499B]

RIN 0648-AL56

Fisheries of the Northeastern United States; Amendment 12 to the

Fishery Management Plan for the Summer Flounder, Scup, and Black Sea

Bass Fisheries; Amendment 8 to the Fishery Management Plan for the

Atlantic Mackerel, Squid, and Butterfish Fisheries; and Amendment 12 to

the Fishery Management Plan for the Atlantic Surf Clam and Ocean Quahog

Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 12 to the

Fishery Management Plan (FMP) for the Summer Flounder, Scup, and Black

Sea Bass Fisheries; Amendment 8 to the FMP for the Atlantic Mackerel,

Squid, and Butterfish Fisheries; and Amendment 12 to the FMP for the

Atlantic Surf Clam and Ocean Quahog Fisheries. This proposed rule would

implement framework provisions for amending management measures for

these fisheries, restrict the size of domestic harvesting vessels

permitted in the Atlantic mackerel fishery without restricting the size

of processing vessels, and implement an operator permit requirement for

the surf clam and ocean quahog fisheries. These amendments are intended

to meet the requirements of the Sustainable Fisheries Act of October

1996 (SFA).

DATES: Comments must be received on or before May 24, 1999.

ADDRESSES: Comments on this proposed rule should be sent to Jon C.

Rittgers, Acting Regional Administrator,

12 to the Summer Flounder, Scup,

and Black Sea Bass FMP. The Council, in consultation with the New

England and South Atlantic Fishery Management Councils, prepared

proposed Amendment 8 to the Atlantic Mackerel, Squid, and Butterfish

FMP. The Council, in consultation with the New England Fishery

Management Council, prepared proposed Amendment 12 to the Atlantic Surf

Clam and Ocean Quahog FMP.

NMFS published a notice of availability for these amendments in the

Federal Register on January 27, 1999 (64 FR 4065), soliciting public

comments on the three amendments through March 29, 1999. All comments

received by the end of that comment period on the proposed amendments,

whether specifically directed to any of the amendments or to this

proposed rule, will be considered in the approval/disapproval decision

on the amendments. Public comments must be received (not postmarked or

otherwise transmitted, including faxes) by the close of business on

March 29, 1999, to be considered in the approval/disapproval decision.

Comments received after that date, but before the end of the comment

period for this proposed rule May 24, 1999, will not be considered in

the approval/disapproval decision of the amendments, but will be

considered in the decision on issuance of the final rule.

Overfishing Definition

All three of the FMP amendments would revise the overfishing

definitions to bring them into accord with the new national standards

of the Magnuson-Stevens Fishery Conservation and Management Act of 1976

(Magnuson-Stevens Act), as amended by the SFA. Under the revised

standards, overfishing definitions must be composed of two reference

points, one for fishing mortality and one for stock biomass.

``Overfishing'' occurs whenever a stock or stock complex is subjected

to a rate or level of F that jeopardizes the capacity of a stock or

stock complex to produce maximum sustainable yield (MSY) on a

continuing basis

Act), as amended by the SFA. Under the revised

standards, overfishing definitions must be composed of two reference

points, one for fishing mortality and one for stock biomass.

``Overfishing'' occurs whenever a stock or stock complex is subjected

to a rate or level of F that jeopardizes the capacity of a stock or

stock complex to produce maximum sustainable yield (MSY) on a

continuing basis. ``Overfished'' describes a stock or stock complex

with a sufficiently low biomass to require a change in management

practices to achieve the appropriate level or rate of stock rebuilding

(to Btarget).

Only one change to the regulatory text is necessary because of the

new overfishing definitions. Amendment 8 to the Atlantic Mackerel,

Squid, and Butterfish FMP (Amendment 8) proposes to revise the maximum

fishing mortality rate for Illex squid to Fmsy to better

reflect the goal of achieving MSY on a continuing basis. The other

proposed FMP amendments do not require changes to the regulatory text.

Comments on these FMP amendments were solicited in the Notice of

Availability (64 FR 4065).

Framework Adjustment Process

The proposed amendments would add a framework adjustment process

for each of the fisheries, in addition to the annual specification

setting process. This provision would allow the Council to modify or

add management measures through a streamlined public review process. As

such, management measures that have been identified in the plan could

be implemented or adjusted at any time during the year

e proposed amendments would add a framework adjustment process

for each of the fisheries, in addition to the annual specification

setting process. This provision would allow the Council to modify or

add management measures through a streamlined public review process. As

such, management measures that have been identified in the plan could

be implemented or adjusted at any time during the year. The following

management measures could be implemented or modified through framework

adjustment procedures for Amendments 12 and 8 (summer flounder, scup,

black sea bass, Atlantic mackerel, Loligo and Illex squids, and

butterfish fisheries) unless otherwise noted: Minimum and maximum fish

sizes; gear restrictions; permitting restrictions; recreational

possession and harvest limits and seasons; closed areas; commercial

seasons and trip limits; commercial quota system, including commercial

quota allocation procedure and possible quota set asides to mitigate

bycatch; restrictions on vessel size in length overall and gross

registered tons (LOA and GRT) or shaft horsepower; operator permits

(summer flounder, scup, and black sea bass only); regional management

and inseason adjustments to specifications (Atlantic mackerel, squid,

and butterfish only) and any other management measures currently

included in the FMP.

In addition, the following provisions could be implemented for the

fisheries managed under all three FMPs, unless otherwise noted: Set

aside quotas for scientific research; description and identification of

essential fish habitat (EFH) and habitat areas of particular concern;

management measures for fishing gear that impact EFH; overfishing

definition thresholds and targets; vessel tracking system; and optimum

yield range (surf clam and ocean quahogs only).

Other Proposed Measures

all three FMPs, unless otherwise noted: Set

aside quotas for scientific research; description and identification of

essential fish habitat (EFH) and habitat areas of particular concern;

management measures for fishing gear that impact EFH; overfishing

definition thresholds and targets; vessel tracking system; and optimum

yield range (surf clam and ocean quahogs only).

Other Proposed Measures

This proposed rule would restrict the size of domestic harvesting

vessels, but not processing vessels, permitted in the Atlantic mackerel

fishery. Any vessel that exceeds any one of the following: 165 ft (50.3

m) in LOA, or 750 GRT, or a shaft horsepower (shp) of 3,000, would be

ineligible for a permit to harvest Atlantic mackerel. NMFS believes

this proposed language describes clearly the intended effect of the

measure, which is to exclude all vessels meeting any one of the three

criteria.

NMFS is concerned that the wording of the regulation, as submitted

by the Council, would not achieve the Council's intentions by allowing

vessels to become eligible for a harvesting permit under various

combinations of length, tonnage and horsepower. Based on the record of

discussions at public Council meetings, this proposed rule would

interpret the Council's action to mean adoption of the most restrictive

interpretation of the criteria. NMFS is seeking comment on this

interpretation which would prohibit harvesting of Atlantic mackerel by

all vessels meeting any one of the preceding criteria. NMFS is also

seeking comment on the overall merits of such a prohibition on

harvesting vessels.

The Council is concerned about rapid over-capitalization of the

mackerel fleet by the entry of large vessels with significant

harvesting potential. The Council's analysis indicates that the current

fleet of vessels in the Northeast has more than enough fishing

harvesting capacity to take the sustainable harvest of Atlantic

mackerel

overall merits of such a prohibition on

harvesting vessels.

The Council is concerned about rapid over-capitalization of the

mackerel fleet by the entry of large vessels with significant

harvesting potential. The Council's analysis indicates that the current

fleet of vessels in the Northeast has more than enough fishing

harvesting capacity to take the sustainable harvest of Atlantic

mackerel. This analysis can be reviewed in its entirety by obtaining a

copy of Amendment 8 to the Atlantic

Mackerel, Squid, and Butterfish FMP (see ADDRESSES).

Because Amendment 8 proposes to prohibit only vessels that exceed

the above specified limits from harvesting Atlantic mackerel and not

from processing it, NMFS, to be consistent with the intent of the

Council, proposes to modify the vessel and dealer permitting provisions

to provide for processing by such vessels. Specifically, the vessel

permit requirement would be revised to make vessels exceeding the size

limits specified ineligible for a permit to harvest Atlantic mackerel.

A new dealer permit category would be established to allow a vessel of

any size to receive, possess and process Atlantic mackerel at sea, as

well as to off-load the product. Such a vessel would be required to

obtain an at-sea processing permit and comply with the dealer reporting

requirements.

This proposed rule would implement, through Amendment 12 to the FMP

for the Atlantic Surf Clam and Ocean Quahog Fisheries, the operator

permit requirement for individuals fishing for surf clams or ocean

quahogs. An operator is the master, captain, or other individual aboard

a fishing vessel who is in charge of that vessel's operations. Under

the proposed rule, any vessel fishing commercially for surf clams or

ocean quahogs in the EEZ would have to have on board at least one

operator who holds an operator permit issued pursuant to this FMP or

any other FMP prepared by the Mid-Atlantic or the New England Fishery

Management Councils

ain, or other individual aboard

a fishing vessel who is in charge of that vessel's operations. Under

the proposed rule, any vessel fishing commercially for surf clams or

ocean quahogs in the EEZ would have to have on board at least one

operator who holds an operator permit issued pursuant to this FMP or

any other FMP prepared by the Mid-Atlantic or the New England Fishery

Management Councils. The operator may be held accountable for

violations of the fishing regulations and may be subject to an operator

permit sanction for violations. During the permit sanction period, the

individual operator could not be aboard any federally permitted fishing

vessel or any vessel subject to Federal fishing regulations while the

vessel is at sea or engaged in off-loading.

Technical Changes

Effective February 1, 1991, NMFS closed the fishing grounds located

east of 69 deg. W. longitude, and south of 42 deg.20' N. latitude to

surf clam and ocean quahog harvesting (56 FR 3980, February 1, 1991).

That area was closed to fishing for surf clams and ocean quahogs due to

high concentrations of the organism that causes paralytic shellfish

poisoning (PSP) currently found in these species at that location. The

original notification specified that the area would remain closed until

the Secretary of Commerce determines that the adverse environmental

conditions caused by the PSP toxin are no longer present. Since that

closure is still in effect, NMFS proposes to codify the closure so that

new entrants into the fishery, and those who may not have been actively

participating in the fishery since 1991, can be notified more easily of

the closure and subsequent re-opening, should it occur.

Additionally, NMFS proposes to suspend the sea turtle conservation

regulations codified at Sec. 648.106

resent. Since that

closure is still in effect, NMFS proposes to codify the closure so that

new entrants into the fishery, and those who may not have been actively

participating in the fishery since 1991, can be notified more easily of

the closure and subsequent re-opening, should it occur.

Additionally, NMFS proposes to suspend the sea turtle conservation

regulations codified at Sec. 648.106. The measures implemented in

Amendment 2 to the Summer Flounder, Scup, and Black Sea Bass FMP (57 FR

57358, December 4, 1992) were intended to serve a temporary function,

pending implementation of permanent measures under the authority of the

Endangered Species Act (ESA). Those regulations are now in place under

50 CFR parts 217 and 227. Regulations issued under the ESA supersede

the regulations issued under part 648, which are proposed to be

replaced with a cross reference to parts 217 and 227.

Classification

At this time, NMFS has not determined that the amendments that this

proposed rule would implement are consistent with the national

standards of the Magnuson-Stevens Act and other applicable law. NMFS,

in making that determination, will take into account the data, views,

and comments received during the comment period.

The Council prepared EAs for each of the amendments that discuss

the impacts on the environment. Copies of the environmental assessments

are available from the Council (see ADDRESSES).

This proposed rule has been determined to be significant for

purposes of E.O. 12866.

The Chief Counsel for Regulation of the Department of Commerce

certified to the Chief Counsel for Advocacy of the Small Business

Administration that this proposed rule, if adopted, would not have a

significant economic impact on a substantial number of small entities

as follows:

the Council (see ADDRESSES).

This proposed rule has been determined to be significant for

purposes of E.O. 12866.

The Chief Counsel for Regulation of the Department of Commerce

certified to the Chief Counsel for Advocacy of the Small Business

Administration that this proposed rule, if adopted, would not have a

significant economic impact on a substantial number of small entities

as follows:

Some of the provisions implemented by this rule, i.e., the

revised overfishing definitions and the framework process, are not

expected to impact participants in any of these fisheries.

Consequently, these provisions would not change historical

production or normal business practices associated with the fishery.

For the operator permit provision, approximately 21 of the 84

vessels that landed surf clams or ocean quahogs in 1997 (25 percent)

are operated by individuals who would be required to obtain that

permit. These individuals would not already have a permit issued, as

required by another fishery. Compliance costs associated with this

requirement are estimated at $22 ($15 form preparation, plus $7 for

passport photographs), to be incurred every 3 years only, since the

permit is valid for that time. Therefore, it is realistic to assume

that this cost would equate to but a small percentage of the

annualized costs of the surf clam and quahog industry. The vessel

size restriction is estimated to impact 1 of approximately 1,000

vessels that represent potential new entry into the directed

mackerel fishery. As a result, a regulatory flexibility analysis was

not prepared. Any changes in management provisions that arise as a

result of the measures enacted by these amendments would be reviewed

for economic impacts when submitted

quahog industry. The vessel

size restriction is estimated to impact 1 of approximately 1,000

vessels that represent potential new entry into the directed

mackerel fishery. As a result, a regulatory flexibility analysis was

not prepared. Any changes in management provisions that arise as a

result of the measures enacted by these amendments would be reviewed

for economic impacts when submitted.

Notwithstanding any other provision of the law, no person is

required to respond to, nor shall any person be subject to a penalty

for failure to comply with, a collection of information subject to the

requirements of the PRA, unless that collection of information displays

a currently valid OMB control number.

This proposed rule contains collection-of-information requirements

subject to the Paperwork Reduction Act. These collection-of-information

requirements have been submitted to OMB for approval. The requirements

and their estimated response times are: Operator permits at 1 hour per

response, at-sea processor permits at 5 minutes per response, and

weekly reporting for at-sea processors at 2 minutes to complete the

dealer purchase report (Form 88-30), and 4 minutes to summarize and

call-in the weekly IVR report. The response times shown include the

time for reviewing instructions, searching existing data sources,

gathering and maintaining the data needed, and completing and reviewing

the collection of information.

Public comment is sought regarding whether these proposed

collections-of-information are necessary for the proper performance of

the functions of the agency, including whether the information has

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

er performance of

the functions of the agency, including whether the information has

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 regarding these burden

estimates or any other aspect of the data requirements, including

suggestions for reducing the burden, to NMFS (see ADDRESSES) and to the

Office of Information and Regulatory Affairs, Office of Management and

Budget, Washington, DC 20503 (ATTN: NOAA Desk Officer).

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: March 31, 1999.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, 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 Sec. 648.4, paragraph (a)(5)(iii) is revised to read as

follows:

Sec. 648.4 Vessel and individual commercial permits.

(a) * * *

(5) * * *

(iii) Atlantic mackerel permit. Any vessel of the United States may

obtain a permit to fish for or retain Atlantic mackerel in or from the

EEZ, except for vessels that exceed 165 feet in length overall (LOA),

or 750 gross registered tons, or have shaft horsepower exceeding 3000

shp. Vessels that exceed the size restriction may obtain an at-sea

processing permit specified under Sec. 648.6(a)(2).

* * * * *

3. In Sec. 648.5, paragraph (a) is revised to read as follows:

Sec. 648.5 Operator permits.

Atlantic mackerel in or from the

EEZ, except for vessels that exceed 165 feet in length overall (LOA),

or 750 gross registered tons, or have shaft horsepower exceeding 3000

shp. Vessels that exceed the size restriction may obtain an at-sea

processing permit specified under Sec. 648.6(a)(2).

* * * * *

3. In Sec. 648.5, paragraph (a) is revised to read as follows:

Sec. 648.5 Operator permits.

(a) General. Any operator of a vessel fishing for or possessing sea

scallops in excess of 40 lb (18.1 kg), NE Multispecies, and, mackerel,

squid, or butterfish, or scup, and, black sea bass, or, as of [insert

effective date of the final rule], Atlantic surf clams and ocean quahog

harvested in or from the EEZ, or issued a permit for these species

under this part, must have been issued under this section and carry on

board, a valid operator's permit.

* * * * *

4. In Sec. 648.6, paragraph (a) is redesignated paragraph (a)(1)

and a heading is added to newly redesignated paragraph (a)(1); a new

paragraph (a)(2) is added; and a paragraph (c) is revised to read as

follows:

Sec. 648.6 Dealer/processor permits.

(a) General. (1) Dealer permits. * * *

(2) At-sea processors. Notwithstanding the provisions of

Sec. 648.4(a)(5), any vessel of the United States must have been issued

and carry on board a valid at-sea processor permit issued under this

section to receive over the side, possess and process Atlantic mackerel

harvested in or from the EEZ by a lawfully permitted vessel of the

United States.

* * * * *

neral. (1) Dealer permits. * * *

(2) At-sea processors. Notwithstanding the provisions of

Sec. 648.4(a)(5), any vessel of the United States must have been issued

and carry on board a valid at-sea processor permit issued under this

section to receive over the side, possess and process Atlantic mackerel

harvested in or from the EEZ by a lawfully permitted vessel of the

United States.

* * * * *

(c) Information requirements. Applications must contain at least

the following information and any other information required by the

Regional Administrator: Company name, place(s) of business (principal

place of business if applying for a surf clam and ocean quahog permit),

mailing address(es) and telephone number(s), owner's name, dealer

permit number (if a renewal), name and signature of the person

responsible for the truth and accuracy of the application, a copy of

the certificate of incorporation if the business is a corporation, and

a copy of the partnership agreement and the names and addresses of all

partners, if the business is a partnership, name of at-sea processor

vessel, and current vessel documentation papers, if an at-sea processor

permit.

* * * * *

5. In Sec. 648.7, the last two sentences of paragraph (c) are

removed and paragraph (f)(3) is revised to read as follows:

Sec. 648.7 Recordkeeping and reporting requirements.

* * * * *

(f) * * *

(3) At-sea purchasers, receivers, or processors. All persons

purchasing, receiving, or processing any summer flounder, or mackerel,

or squid, or butterfish, or scup, or black sea bass at sea for landing

at any port of the United States must submit information identical to

that required by paragraph (a)(1), (a)(2), or (a)(3) of this section,

as applicable, and provide those reports to the Regional Administrator

or designee on the same frequency basis.

* * * * *

6. In Sec. 648.14, paragraph (p)(10) is added to read as follows:

Sec. 648.14 Prohibitions.

* * * * *

k sea bass at sea for landing

at any port of the United States must submit information identical to

that required by paragraph (a)(1), (a)(2), or (a)(3) of this section,

as applicable, and provide those reports to the Regional Administrator

or designee on the same frequency basis.

* * * * *

6. In Sec. 648.14, paragraph (p)(10) is added to read as follows:

Sec. 648.14 Prohibitions.

* * * * *

(p) * * *

(10) Fish for, retain, or possess Atlantic mackerel in or from the

EEZ with a vessel that exceeds 165 ft (50.3 m) in length overall, or

750 GRT, or 3000 shp, except for processing Atlantic mackerel by a

vessel holding a valid at-sea processor permit pursuant to

Sec. 648.6(a)(2).

* * * * *

7. In Sec. 648.20, paragraph (c) is revised to read as follows:

Sec. 648.20 Maximum optimum yield (OYs).

* * * * *

(c) Illex-catch associated with a fishing mortality rate of

Fmsy.

* * * * *

8. In Sec. 648.21, paragraph (b)(2)(i) is revised to read as

follows:

Sec. 648.21 Procedures for determining initial annual amounts.

* * * * *

(b) * * *.

(2) Mackerel. (i) Mackerel ABC must be calculated from the formula

ABC = T - C, where C is the estimated catch of mackerel in Canadian

waters for the upcoming fishing year and T is the catch associated with

a fishing mortality rate that is equal to Ftarget (F= 0.25)

at 890,000 mt spawning stock biomass (or greater) and decreases

linearly to zero at 450,000 mt spawning stock biomass (\1/2\

Bmsy).

* * * * *

9. Section 648.24 is added under subpart B to read as follows:

Sec. 648.24 Framework adjustments to management measures.

waters for the upcoming fishing year and T is the catch associated with

a fishing mortality rate that is equal to Ftarget (F= 0.25)

at 890,000 mt spawning stock biomass (or greater) and decreases

linearly to zero at 450,000 mt spawning stock biomass (\1/2\

Bmsy).

* * * * *

9. Section 648.24 is added under subpart B to read as follows:

Sec. 648.24 Framework adjustments to management measures.

(a) Within season management action. The MAFMC, at any time, may

initiate action to add or adjust management measures within the

Atlantic Mackerel, Squid, and Butterfish FMP if it finds that action is

necessary to meet or be consistent with the goals and objectives of the

plan.

(1) Adjustment process. The MAFMC shall develop and analyze

appropriate management actions over the span of at least two MAFMC

meetings. The MAFMC must provide the public with advance notice of the

availability of the recommendation(s), appropriate justification(s) and

economic and biological analyses, and the opportunity to comment on the

proposed adjustment(s) at the first meeting and prior to and at the

second MAFMC meeting. The MAFMC's recommendations on adjustments or

additions to management measures must come from one or more of the

following categories: minimum fish size, maximum fish size, gear

restrictions, gear requirements or prohibitions, permitting

restrictions, recreational possession limit, recreational seasons,

closed areas, commercial seasons, commercial trip limits, commercial

quota system including commercial quota allocation procedure and

possible quota set asides to mitigate bycatch, recreational harvest

limit, annual specification quota setting process, FMP Monitoring

Committee composition and process, description and identification of

essential fish habitat (and fishing gear management measures that

impact EFH), description and identification of habitat areas of

particular concern,

commercial quota allocation procedure and

possible quota set asides to mitigate bycatch, recreational harvest

limit, annual specification quota setting process, FMP Monitoring

Committee composition and process, description and identification of

essential fish habitat (and fishing gear management measures that

impact EFH), description and identification of habitat areas of

particular concern,

overfishing definition and related thresholds and targets, regional

gear restrictions, regional season restrictions (including option to

split seasons), restrictions on vessel size (LOA and GRT) or shaft

horsepower, any other management measures currently included in the

FMP, set aside quota for scientific research, regional management, and

process for inseason adjustment to the annual specification.

(2) MAFMC recommendation. After developing management actions and

receiving public testimony, the MAFMC shall make a recommendation to

the Regional Administrator. The MAFMC's recommendation must include

supporting rationale, if management measures are recommended, an

analysis of impacts, and a recommendation to the Regional Administrator

on whether to issue the management measures as a final rule. If MAFMC

recommends that the management measures should be issued as a final

rule, MAFMC must consider at least the following factors, and provide

support and analysis for each factor considered:

(i) Whether the availability of data on which the recommended

management measures are based allows for adequate time to publish a

proposed rule, and whether the regulations would have to be in place

for an entire harvest/fishing season.

(ii) Whether there has been adequate notice and opportunity for

participation by the public and members of the affected industry in the

development of the recommended management measures.

(iii) Whether there is an immediate need to protect the resource.

(iv) Whether there will be a continuing evaluation of management

measures following their implementation as a final rule.

st/fishing season.

(ii) Whether there has been adequate notice and opportunity for

participation by the public and members of the affected industry in the

development of the recommended management measures.

(iii) Whether there is an immediate need to protect the resource.

(iv) Whether there will be a continuing evaluation of management

measures following their implementation as a final rule.

(3) Regional Administrator action. If the MAFMC's recommendation

includes adjustments or additions to management measures and, after

reviewing the MAFMC's recommendation and supporting information:

(i) If the Regional Administrator concurs with MAFMC's recommended

management measures and determines that the recommended management

measures should be issued as a final rule based on the factors

specified in paragraph (a)(2) of this section, the measures will be

issued as a final rule in the Federal Register.

(ii) If the Regional Administrator concurs with MAFMC's recommended

management measures and determines that the recommended management

measures should be published first as a proposed rule, the measures

will published as a proposed rule in the Federal Register. After

additional public comment, if the Regional Administrator concurs with

the MAFMC recommendation, the measures will be issued as a final rule

in the Federal Register.

(iii) If the Regional Administrator does not concur, MAFMC will be

notified in writing of the reasons for the non-concurrence.

(4) Emergency actions. Nothing in this section is meant to derogate

from the authority of the Secretary to take emergency action under

section 305(e) of the Magnuson-Stevens Act.

(b) [Reserved]

10. In Sec. 648.73, paragraph (a)(4) is added to read as follows:

Sec. 648.73 Closed areas.

al Administrator does not concur, MAFMC will be

notified in writing of the reasons for the non-concurrence.

(4) Emergency actions. Nothing in this section is meant to derogate

from the authority of the Secretary to take emergency action under

section 305(e) of the Magnuson-Stevens Act.

(b) [Reserved]

10. In Sec. 648.73, paragraph (a)(4) is added to read as follows:

Sec. 648.73 Closed areas.

(a) * * *

(4) Georges Bank. The paralytic shellfish poisoning (PSP)

contaminated area known as Georges Bank and located east of 69 deg. W.

longitude, and south of 42 deg.20' N. latitude.

* * * * *

11. Section 648.77 under Subpart E is added to read as follows:

Sec. 648.77 Framework adjustments to management measures.

(a) Within season management action. At any time, MAFMC may

initiate action to add or adjust management measures within the

Atlantic Surf Clam and Ocean Quahog FMP if it finds that action is

necessary to meet or be consistent with the goals and objectives of the

plan.

(1) Adjustment process. MAFMC shall develop and analyze appropriate

management actions over the span of at least two MAFMC meetings. MAFMC

must provide the public with advance notice of the availability of the

recommendation(s), appropriate justification(s) and economic and

biological analyses, and the opportunity to comment on the proposed

adjustment(s) at the first meeting, and prior to and at the second

MAFMC meeting. The MAFMC's recommendations on adjustments or additions

to management measures must come from one or more of the following

categories: The overfishing definition (both the threshold and target

levels) description and identification of EFH (and fishing gear

management measures that impact EFH), habitat areas of particular

concern, set aside quota for scientific research, vessel tracking

system, optimum yield range.

ions on adjustments or additions

to management measures must come from one or more of the following

categories: The overfishing definition (both the threshold and target

levels) description and identification of EFH (and fishing gear

management measures that impact EFH), habitat areas of particular

concern, set aside quota for scientific research, vessel tracking

system, optimum yield range.

(2) MAFMC recommendation. After developing management actions and

receiving public testimony, MAFMC shall make a recommendation to the

Regional Administrator. MAFMC's recommendation must include supporting

rationale, if management measures are recommended, an analysis of

impacts, and a recommendation to the Regional Administrator on whether

to issue the management measures as a final rule. If MAFMC recommends

that the management measures should be issued as a final rule, it must

consider at least the following factors, and provide support and

analysis for each factor considered:

(i) Whether the availability of data on which the recommended

management measures are based allows for adequate time to publish a

proposed rule, and whether the regulations would have to be in place

for an entire harvest/fishing season.

(ii) Whether there has been adequate notice and opportunity for

participation by the public and members of the affected industry in the

development of recommended management measures.

(iii) Whether there is an immediate need to protect the resource.

(iv) Whether there will be a continuing evaluation of management

measures adopted following their implementation as a final rule.

(3) Regional Administrator action. If MAFMC's recommendation

includes adjustments or additions to management measures and, after

reviewing MAFMC's recommendation and supporting information:

easures.

(iii) Whether there is an immediate need to protect the resource.

(iv) Whether there will be a continuing evaluation of management

measures adopted following their implementation as a final rule.

(3) Regional Administrator action. If MAFMC's recommendation

includes adjustments or additions to management measures and, after

reviewing MAFMC's recommendation and supporting information:

(i) If the Regional Administrator concurs with the MAFMC's

recommended management measures and determines that the recommended

management measures should be issued as a final rule based on the

factors specified in paragraph (a)(2) of this section, the measures

will be issued as a final rule in the Federal Register.

(ii) If the Regional Administrator concurs with the MAFMC's

recommended management measures and determines that the recommended

management measures should be published first as a proposed rule, the

measures will be published as a proposed rule in the Federal Register.

After additional public comment, if the Regional Administrator concurs

with the MAFMC recommendation, the measures will be issued as a final

rule and published in the Federal Register.

(iii) If the Regional Administrator does not concur, MAFMC will be

notified in writing of the reasons for the non-concurrence.

(4) Emergency actions. Nothing in this section is meant to derogate

from the authority of the Secretary to take emergency action under

section 305(e) of the Magnuson-Stevens Act.

(b) [Reserved]

12. Section 648.107 is added under Subpart G to read as follows:

Sec. 648.107 Framework adjustments to management measures.

MAFMC will be

notified in writing of the reasons for the non-concurrence.

(4) Emergency actions. Nothing in this section is meant to derogate

from the authority of the Secretary to take emergency action under

section 305(e) of the Magnuson-Stevens Act.

(b) [Reserved]

12. Section 648.107 is added under Subpart G to read as follows:

Sec. 648.107 Framework adjustments to management measures.

(a) Within season management action. MAFMC, at any time, may

initiate action to add or adjust management measures within the Summer

Flounder, Scup, and Black Sea Bass FMP if it finds that action is

necessary to meet or be consistent with the goals and objectives of the

plan.

(1) Adjustment process. MAFMC shall develop and analyze appropriate

management actions over the span of at least two MAFMC meetings. MAFMC

must provide the public with advance notice of the availability of the

recommendation(s), appropriate justification(s) and economic and

biological analyses, and the opportunity to comment on the proposed

adjustment(s) at the first meeting and prior to and at the second MAFMC

meeting. MAFMC's recommendations on adjustments or additions to

management measures must come from one or more of the following

categories: Minimum fish size, maximum fish size, gear restrictions,

gear requirements or prohibitions, permitting restrictions,

recreational possession limit, recreational seasons, closed areas,

commercial seasons, commercial trip limits, commercial quota system

including commercial quota allocation procedure and possible quota set

asides to mitigate bycatch, recreational harvest limit, annual

specification quota setting process, FMP Monitoring Committee

composition and process, description and identification of essential

fish habitat (and fishing gear management measures that impact EFH),

description and identification of habitat areas of particular concern,

overfishing definition and related thresholds and targets, regional

gear restrictions, regional season restrictions (including option

tion quota setting process, FMP Monitoring Committee

composition and process, description and identification of essential

fish habitat (and fishing gear management measures that impact EFH),

description and identification of habitat areas of particular concern,

overfishing definition and related thresholds and targets, regional

gear restrictions, regional season restrictions (including option to

split seasons), restrictions on vessel size (LOA and GRT) or shaft

horsepower, operator permits, any other commercial or recreational

management measures, any other management measures currently included

in the FMP, and set aside quota for scientific research.

(2) MAFMC recommendation. After developing management actions and

receiving public testimony, MAFMC shall make a recommendation to the

Regional Administrator. MAFMC's recommendation must include supporting

rationale, if management measures are recommended, an analysis of

impacts, and a recommendation to the Regional Administrator on whether

to issue the management measures as a final rule. If MAFMC recommends

that the management measures should be issued as a final rule, it must

consider at least the following factors and provide support and

analysis for each factor considered:

(i) Whether the availability of data on which the recommended

management measures are based allows for adequate time to publish a

proposed rule, and whether the regulations would have to be in place

for an entire harvest/fishing season.

(ii) Whether there has been adequate notice and opportunity for

participation by the public and members of the affected industry in the

development of recommended management measures.

(iii) Whether there is an immediate need to protect the resource.

(iv) Whether there will be a continuing evaluation of management

measures adopted following their implementation as a final rule.

ishing season.

(ii) Whether there has been adequate notice and opportunity for

participation by the public and members of the affected industry in the

development of recommended management measures.

(iii) Whether there is an immediate need to protect the resource.

(iv) Whether there will be a continuing evaluation of management

measures adopted following their implementation as a final rule.

(3) Regional Administrator action. If MAFMC's recommendation

includes adjustments or additions to management measures and, if after

reviewing the MAFMC's recommendation and supporting information:

(i) The Regional Administrator concurs with the MAFMC's recommended

management measures and determines that the recommended management

measures should be issued as a final rule based on the factors

specified in paragraph (a)(2) of this section, the measures will be

issued as a final rule in the Federal Register.

(ii) If the Regional Administrator concurs with the MAFMC's

recommended management measures and determines that the recommended

management measures should be published first as a proposed rule, the

measures will be published as a proposed rule in the Federal Register.

After additional public comment, if the Regional Administrator concurs

with the MAFMC recommendation, the measures will be issued as a final

rule and published in the Federal Register.

(iii) If the Regional Administrator does not concur, the MAFMC will

be notified in writing of the reasons for the non-concurrence.

(4) Emergency actions. Nothing in this section is meant to derogate

from the authority of the Secretary to take emergency action under

section 305(e) of the Magnuson-Stevens Act.

(b) [Reserved]

13. Section 648.127 is added under Subpart H to read as follows:

Sec. 648.127 Framework adjustments to management measures.

e MAFMC will

be notified in writing of the reasons for the non-concurrence.

(4) Emergency actions. Nothing in this section is meant to derogate

from the authority of the Secretary to take emergency action under

section 305(e) of the Magnuson-Stevens Act.

(b) [Reserved]

13. Section 648.127 is added under Subpart H to read as follows:

Sec. 648.127 Framework adjustments to management measures.

(a) Within season management action. See Sec. 648.107(a).

(1) Adjustment process. See Sec. 648.107(a)(1).

(2) MAFMC recommendation. See Sec. 648.107(a)(2)(i) to (iv).

(3) Regional Administrator action. See Sec. 648.107(a)(i) through

(iii).

(4) Emergency actions. See Sec. 648.107(a)(4).

(b) [Reserved]

14. Section 648.147 is added under Subpart I to read as follows:

Sec. 648.147 Framework adjustments to management measures.

(a) Within season management action. See Sec. 648.107(a).

(1) Adjustment process. See Sec. 648.107(a)(1).

(2) MAFMC recommendation. See Sec. 648.107(a)(2)(i) through (iv).

(3) Regional Administrator action. See Sec. 648.107(a)(i) through

(iii).

(4) Emergency actions. See Sec. 648.107(a)(4).

(b) [Reserved]

[FR Doc. 99-8470 Filed 4-6-99; 8:45 am]

BILLING CODE 3510-22-F