[Federal Register Volume 62, Number 218 (Wednesday, November 12, 1997)]
[Proposed Rules]
[Pages 60676-60682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29706]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 971030259-7259-01; I.D. 101497C]
RIN 0648-AJ96
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 24
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 Framework Adjustment 24
to the Northeast (NE) Multispecies Fishery Management Plan (FMP). This
framework would implement measures to adjust the Gulf of Maine (GOM)
cod trip limit provision (1,000 lbs (453.6 kg) per day; 1,500 lbs
(680.4 kg) per day, starting with day 5) by requiring vessels to come
into port and report to NMFS at least once every 14 days and, for those
vessels that exceed the trip limit, to remain in port until days-at-sea
(DAS) used equate to the allowable cod
[[Page 60677]]
landings and by adjusting the trip limit boundary line from 42 deg.00'
N. lat. to 42 deg.20' N. lat. east of 69 deg.30' W. long.; allow
vessels to carry-over up to 10 unused multispecies DAS into the next
fishing year; and exempt vessels that fish in the Northwest Atlantic
Fisheries Organization (NAFO) Regulatory Area from certain provisions
of the NE multispecies FMP, such as the DAS program. The intended
effect of this rule is to improve the effectiveness of the GOM cod trip
limit, promote safety, and provide flexibility and opportunity to
vessels fishing under the multispecies stock-rebuilding program.
DATES: Comments must be received on or before December 10, 1997.
ADDRESSES: Comments on the rule should be sent to Andrew A. Rosenberg,
Ph.D., Regional Administrator, NMFS, Northeast Regional Office, 1
Blackburn Drive, Gloucester, MA 01930 ATTN: Susan A. Murphy. Copies of
Amendment 7 to the FMP (Amendment 7), its regulatory impact review
(RIR), and the final regulatory flexibility analysis (FRFA) contained
with the RIR, its final supplemental environmental impact statement
(FSEIS), and Framework Adjustment 24 documents are available on request
from Paul J. Howard, Executive Director, New England Fishery Management
Council (Council), 5 Broadway, Saugus, MA 01906-1097.
Comments regarding burden-hour estimates for collection-of-
information requirements contained in this proposed rule should be sent
to the Regional Administrator (See ADDRESSES) and the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Washington, DC 20502 (ATTN: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy
Analyst, (978) 281-9252.
SUPPLEMENTARY INFORMATION: The regulations implementing the FMP
restrict landings of GOM cod. Vessels fishing under a multispecies DAS
north of 42 deg.00' N. lat. are allowed to retain up to 1,000 lb (453.6
kg) of cod per day, or any part of a day, for each of the first 4 days
of a trip, and up to 1,500 lb (680.4 kg) of cod per day, or any part of
a day, in excess of 4 consecutive days. To minimize discarding, vessels
may land cod in excess of the trip limit provided that they do not
call-out of the multispecies DAS program until DAS per trip correspond
to the total allowable landings of cod per trip.
Recent concern has been raised that the intent of these regulations
was being circumvented by fishers directing on GOM cod early in the
trip and allowing their DAS clock continue to run while returning to
fish for other regulated species. This practice allows vessels to take
advantage of the 1,500 lb (680.4 kg) cod trip limit after the fourth
day of a ``trip,'' and permits some Trip-gillnet category vessels,
which normally bring in their nets at the end of each trip, to leave
them in the water.
This framework proposes to adjust the GOM cod trip limit by
requiring vessels subject to this provision (i.e., all vessels fishing
under a multispecies DAS that are not fishing under the trip limit
exemption specified at Sec. 648.86(b)(2) and that have exceeded the
trip limit) to remain in port until sufficient DAS have passed to
equate to the cod landed. In addition, these vessels would be required
to come into port and report to NMFS by calling either the cod hail
line or the DAS call-out number within 14 days of starting a trip,
whichever is appropriate. For instance, if the trip limit is exceeded,
the operator would call the cod hail line, if not exceeded, the
operator must call the DAS number and end the trip.
This measure is intended to prevent vessels from ``running their
clock'' and taking advantage of the 1,500 lb (680.4 kg) cod trip limit
after the fourth day of a trip, as well as help ensure that Trip-
gillnet vessels retrieve their nets from the water periodically.
Vessels exceeding the cod trip limit, and thus required to remain in
port, may transit to another port, provided the operator or owner calls
the cod hail line and reports the vessel name and permit number, time
of departure, destination port, and estimated time of arrival before
leaving the dock to transit. Transiting vessels would be required to
stow all nets and would be prohibited from having fish on board the
vessel.
Because current regulations contained in Sec. 648.4(c)(2)(iii)(B)
specify that gillnet vessels must select either the Day- or Trip-
gillnet category for an entire fishing year, and since the cod trip
limit as implemented may have influenced a vessel owner's selection,
this framework would allow gillnet vessels to switch categories once
during the 1997 fishing year. Vessels electing to change their gillnet
category would need to complete the Gillnet Category Designation and
Tag Program Application Form within 30 days of the date of
effectiveness of the final rule implementing Framework 24. A vessel
switching from the Trip- to Day-gillnet category would be required to
take the full 120 days out of the gillnet fishery, starting with the
time the vessel was issued a Day gillnet category designation.
Also, to better represent the stock boundary between GOM and
Georges Bank cod, this framework would modify the current GOM cod trip
limit boundary. Specifically, the trip limit boundary line would be
modified from 42 deg.00' N. lat. to 42 deg.20' N. lat. east of
69 deg.30' W. long.
Due to a concern that unforeseen circumstances may result in
forfeiture of DAS or fishing under unsafe circumstances, such as bad
weather conditions or mechanical breakdowns near the end of the year,
the Council developed a measure to allow vessels to carry-over up to 10
unused multispecies DAS from one fishing year to the next. This action
would credit each active vessel with the amount of unused DAS
remaining, up to a maximum of 10. The carry-over allowance could not be
accumulated year to year; e.g., a vessel that receives an allocation of
88 DAS per year would not be allowed to use more than 176 DAS over a 2-
year period. This measure would promote safety by reducing risk and
increasing planning flexibility, while not compromising the
conservation impact of the DAS program.
In September 1996 and 1997, NAFO allocated the U.S. allocations of
redfish and Illex squid, as well as a small effort allocation for
shrimp (Pandalus sp.). The U.S. has an interest in increasing U.S.
participation in NAFO fisheries. In response, the Council developed
steps to remove regulatory obstacles to allow vessels to fish for
species currently regulated under the FMP and to land in U.S. ports.
Specifically, Framework 24 would exempt multispecies vessels that
possess a High Seas Fishing Compliance Act permit and that are fishing
exclusively in the NAFO Regulatory Area from DAS, minimum mesh size,
and possession limit requirements of the multispecies FMP. These
vessels would, instead, be subject to the requirements imposed by NAFO.
Vessels would be required to call the NMFS Office of Law Enforcement,
nearest to the point where the vessel intends to offload, to declare
their intent to fish in the NAFO area prior to leaving port, and to
call-in by marine radio-telephone to the NMFS Law Enforcement Office
nearest to the point of offloading when leaving the NAFO area to return
home. If necessary for enforcement or administrative reasons, the
Administrator, Northeast Region, NMFS (Regional Administrator) is
authorized to require that a NMFS-issued exemption certificate be on
board the vessel.
NMFS is requesting comments on the proposed measures contained in
this action, and in particular, the proposed modification of the
current GOM cod trip limit boundary line. Comments
[[Page 60678]]
must be received on or before December 10, 1997.
Classification
This rule has been determined to be not significant for the
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and 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. This certification is based on the following analysis
which takes into account the applicable criteria established by the
agency for determining whether economic impacts on small entities are
``significant'' under the Regulatory Flexibility Act. For the purposes
of the GOM cod trip limit adjustment and the 10-DAS carry-over
provision, there are approximately 1,650 limited access multispecies
vessels, virtually all of which are small entities that are subject to
these regulations. However, based on the best available information,
both of these measures would affect fewer than 20 percent of the
vessels in the fishery. Recent information shows that most vessels have
begun redirecting effort off GOM cod and, therefore, are not catching
cod at rates greater than the trip limit. Preliminary reports show that
for the first 2 months of the 1997 fishing year, 250 calls were made to
the cod hail line. This figure constitutes fewer than 5 percent of the
5,300 DAS notification calls made during this time. Further, with a 50
percent DAS reduction now in effect (May 1, 1997), a strong incentive
exists for vessels to call-in and end a DAS trip, i.e., not exceeding
the cod trip limit. In regards to the DAS carry-over provision, based
on 1996 DAS utilization rates, it is anticipated that far fewer than 20
percent of all vessels will utilize their DAS to within 10 days of
their annual allocation. Of those that do, only a subset will actually
benefit, that is, use the carryover. For the NAFO exemptions proposed
in this rule, the universe of vessels for practical purposes is limited
to the vessels that are physically capable of making the trip. As these
exemptions would apply to all vessels regardless of whether or not they
have a multispecies permit, the universe of small entities is all U.S.
vessels capable of making the trip. Variables involved in determining
ability to make a trip include vessel size, hull design, fuel capacity,
captain and crew experience, and weather conditions. Based on this, the
number of affected vessels cannot be currently estimated; however,
recent information shows that a total of 40 vessels have obtained a
High Seas Fishing Compliance Act permit from NMFS and, thus, have
indicated an interest in participating in this exemption program.
Considering the necessity of vessel capability and the limited number
of vessels that have demonstrated an interest thus far in fishing in
the NAFO Regulatory Area, the impact of these exemptions is expected to
be positive since it provides additional opportunity to fish and,
therefore, will not have a significant adverse effect. As a result, an
initial regulatory flexibility analysis was not prepared.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection-of-information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid OMB control number.
This rule contains three new collection-of-information
requirements. The collection-of-information requirements have been
submitted to the OMB for approval under control number 0648-0202, and
the estimated response times are as follows:
1. Declaration of transit to another port under the exception to
the cod trip limit requirement to remain in port (1- minute response
when made in conjunction with a cod hail line call, 3-minutes response
when made as a separate call).
2. Declaration to fish in and to leave the NAFO Regulatory Area (3-
minutes response for initial call, 5-minutes response for second call).
3. Request for letter of authorization to fish in the NAFO
Regulatory Area (3-minutes response).
This rule also restates current information requirements that had
been approved by OMB under the PRA and that are needed for the
implementation of Framework Adjustment 24. These current information
requirements are approved under OMB control number 0648-0202. Their
estimated response times are as follows:
1. Declaration into the Trip or Day gillnet vessel category and
request for initial gillnet tags requires written declaration (5-
minutes response).
2. Declaration of 120 days out of the gillnet fishery in minimum
blocks of 7 days requires vessel notification (3-minutes response).
3. Reporting of cod catch on board and off-loaded for vessels
fishing north of the cod exemption line, specified at
Sec. 648.86(b)(1), while fishing under a NE multispecies DAS requires
vessel notification (3-minutes response).
4. Declaration that a vessel will be fishing south of the cod
exemption line, specified at Sec. 648.86(b)(2), while fishing under a
NE multispecies DAS requires vessel notification (2- minutes response).
Send comments regarding these burden estimates or any other aspect
of the data requirements, including suggestions for reducing the
burden, to the Regional Administrator and to OMB (see ADDRESSES).
Public comment is sought regarding whether this proposed collection
of information is necessary and practical for the proper performance of
the functions of the agency; 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 techniques or other forms of information technology.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: November 5, 1997.
David Evans,
Deputy 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. 648.2, the definitions for ``NAFO'', ``NAFO Convention
Area'', and ``NAFO Regulatory Area'' are added, in alphabetical order,
to read as follows:
Sec. 648.2 Definitions.
* * * * *
NAFO means Northwest Atlantic Fisheries Organization.
NAFO Convention Area means the waters of the Northwest Atlantic
Ocean north of 35 deg.00' N. lat. and west of a line extending due
north from 35 deg.00' N. lat. and 42 deg.00' W. long. to 59 deg.00' N.
lat., thence due west to 44 deg.00' W. long., and thence due north to
the coast of Greenland and the waters of the Gulf of St. Lawrence,
Davis Strait and Baffin Bay south of 78 deg.10' N. lat.
NAFO Regulatory Area means the part of the NAFO Convention Area
that lies beyond the 200-mile zones of the coastal States.
* * * * *
[[Page 60679]]
3. In Sec. 648.4, paragraphs (a)(1) introductory text and
(c)(2)(iii)(B) are revised to read as follows:
Sec. 648.4 Vessel and individual commercial permits.
(a) * * *
(1) NE multispecies vessels. Except for vessels that have been
issued a valid High Seas Fishing Compliance Act permit, have declared
their intent to fish, and fish exclusively in the NAFO Regulatory Area
as provided in Sec. 648.17(a), any vessel of the United States,
including a charter or party boat, must have been issued and have on
board a valid multispecies permit to fish for, possess or land
multispecies finfish in or from the EEZ. Multispecies frames used as,
or to be used as, bait on a vessel fishing exclusively with pot gear
are deemed not to be multispecies finfish for purposes of this part
provided that there is a receipt for the purchase of those frames on
board the vessel.
* * * * *
(c) * * *
(2) * * *
(iii) * * *
(B) For vessels fishing for NE multispecies with gillnet gear, with
the exception of vessels under the Small Vessel permit category, an
annual declaration as either a Day or Trip gillnet vessel designation
as described in Sec. 648.82(k). Vessel owners electing a Day gillnet
designation must indicate the number of gillnet tags that they are
requesting and must include a check for the cost of the tags. A permit
holder letter will be sent to all eligible gillnet vessels informing
them of the costs associated with this tagging requirement and
directions for obtaining tags. Except for fishing year 1997, once a
vessel owner has elected this designation, he/she may not change the
designation or fish under the other gillnet category for the remainder
of the fishing year. For the 1997 fishing year, a vessel may change its
gillnet category designation once, provided the vessel owner submits a
Gillnet Category Designation and Tag Program Application Form to NMFS
within 30 calendar days of the effectiveness date of this provision.
Incomplete applications, as described in paragraph (e) of this section,
will be considered incomplete for the purpose of obtaining
authorization to fish in the NE multispecies gillnet fishery and will
be processed without a gillnet authorization.
* * * * *
4. In Sec. 648.10, paragraph (c)(5) is revised and paragraph (f)(3)
is added to read as follows:
Sec. 648.10 DAS notification requirements.
* * * * *
(c) * * *
(5) Any vessel that possesses or lands per trip more than 400 lb
(181.44 kg) of scallops, and any vessel issued a limited access
multispecies permit subject to the DAS program and call-in requirement
that possesses or lands regulated species, except as provided in
Secs. 648.17 and 648.89, shall be deemed in the DAS program for
purposes of counting DAS, regardless of whether the vessel's owner or
authorized representative provided adequate notification as required by
paragraph (c) of this section.
* * * * *
(f) * * *
(3) Cod trip limit call-in. (i) A vessel subject to the cod landing
limit restriction specified in Sec. 648.86(b)(1)(i), that has not
exceeded the allowable limit of cod based on the duration of the trip,
must enter port and call-out of the DAS program no later than 14 DAS
after starting (i.e., the time of issuance of a DAS authorization
number) a multispecies DAS trip.
(ii) A vessel subject to the cod trip limit restriction specified
in Sec. 648.86(b)(1)(i), that exceeds or is expected to exceed the
allowable limit of cod based on the duration of the trip, must enter
port no later than 14 DAS after starting (i.e., the time of issuance of
a DAS authorization number) a multispecies DAS trip, and, must report,
upon entering port and before offloading, its hailed weight of cod
under the separate call-in system specified at
Sec. 648.86(b)(1)(ii)(B). Such vessel must remain in port, unless for
transiting purposes as allowed in Sec. 648.86(b)(3), and may not call-
out of the DAS program for that trip, until sufficient time has elapsed
to account for and justify the amount of cod on board in accordance
with Sec. 648.86(b)(1)(ii).
5. In Sec. 648.14, paragraphs (a)(12), (a)(13), (a)(31)(iii),
(a)(33), (a)(35) through (37), (a)(47), (a)(55), (b), (c) introductory
text, (d) introductory text, (e), (g) introductory text, (t),
(x)(4)(i), and (ii) are revised, and paragraphs (a)(31)(iv), and
(c)(22) through (25) are added to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
* * * * *
(12) Fish for, take, catch, harvest, possess or land any species of
fish regulated by this part in or from the EEZ, on or by a vessel,
unless the vessel has a valid and appropriate permit issued under this
part and the permit is on board the vessel and has not been
surrendered, revoked, or suspended, or unless otherwise specified in
Sec. 648.17.
(13) Purchase, possess or receive for a commercial purpose, or
attempt to purchase possess or receive for a commercial purpose, any
species regulated under this part unless in possession of a valid
dealer permit issued under this part, except that this prohibition does
not apply to species that are purchased or received from a vessel not
issued a permit under this part that fished exclusively in state
waters, or unless otherwise specified in Sec. 648.17.
* * * * *
(31) * * *
(iii) The NE multispecies were harvested in or from the EEZ by a
recreational fishing vessel; or
(iv) Unless otherwise specified in Sec. 648.17.
* * * * *
(33) Sell, barter, trade, or otherwise transfer; or attempt to
sell, barter, trade, or otherwise transfer for a commercial purpose any
NE multispecies from a trip, unless the vessel is holding a
multispecies permit, or a letter under Sec. 648.4(a)(1), and is not
fishing under the charter/party vessel restrictions specified in
Sec. 648.89, or unless the NE multispecies were harvested by a vessel
without a multispecies permit that fishes for NE multispecies
exclusively in state waters, or unless otherwise specified in
Sec. 648.17.
* * * * *
(35) Fish with, use, or have on board within the area described in
Sec. 648.80(a)(1), nets of mesh whose size is smaller than the minimum
mesh size specified in Sec. 648.80(a)(2), except as provided in
Sec. 648.80(a)(3) through (6), (a)(8), (a)(9), (d), (e) and (i), unless
the vessel has not been issued a multispecies permit and fishes for NE
multispecies exclusively in state waters, or unless otherwise specified
in Sec. 648.17.
(36) Fish with, use, or have available for immediate use within the
area described in Sec. 648.80(b)(1), nets of mesh size smaller than the
minimum size specified in Sec. 648.80(b)(2), except as provided in
Sec. 648.80(b)(3), (d), (e), and (i), or unless the vessel has not been
issued a multispecies permit and fishes for multispecies exclusively in
state waters, or unless otherwise specified in Sec. 648.17.
(37) Fish with, use, or have available for immediate use within the
area described in Sec. 648.80(c)(1), nets of mesh size smaller that the
minimum mesh size specified in Sec. 648.80(c)(2), except as provided in
Sec. 648.80(c)(3), (d), (e), and
[[Page 60680]]
(i), or unless the vessel has not been issued a multispecies permit and
fishes for NE multispecies exclusively in state waters, or unless
otherwise specified in Sec. 648.17.
* * * * *
(47) Fish for the species specified in Sec. 648.80(d) or (e) with a
net of mesh size smaller than the applicable mesh size specified in
Sec. 648.80(a)(2), (b)(2), or (c)(2), or possess or land such species,
unless the vessel is in compliance with the requirements specified in
Sec. 648.80(d) or (e), or unless the vessel has not been issued a
multispecies permit and fishes for NE multispecies exclusively in state
waters, or unless otherwise specified in Sec. 648.17.
* * * * *
(55) Purchase, possess, or receive as a dealer, or in the capacity
of a dealer, regulated species in excess of the possession limit
specified in Sec. 648.86 applicable to a vessel issued a multispecies
permit, unless otherwise specified in Sec. 648.17.
* * * * *
(b) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it
is unlawful for any person owning or operating a vessel holding a
multispecies permit, issued an operator's permit, or issued a letter
under Sec. 648.4(a)(1)(i)(H)(3), to land, or possess on board a vessel,
more than the possession or landing limits specified in Sec. 648.86(a)
and (b), or to violate any of the other provisions of Sec. 648.86,
unless otherwise specified in Sec. 648.17.
(c) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this
section, it is unlawful for any person owning or operating a vessel
issued a limited access multispecies permit or a letter under
Sec. 648.4(a)(1)(i)(H)(3), unless otherwise specified in Sec. 648.17,
to do any of the following:
* * * * *
(22) Fail to comply with the exemption specifications as described
in Sec. 648.17.
(23) Fail to enter port and call-out of the DAS program no later
than 14 DAS after starting (i.e., the time of the issuance of the DAS
authorization number) a multispecies DAS trip, as specified in
Sec. 648.86(b)(1)(i), unless otherwise specified in
Sec. 648.86(b)(1)(ii), or unless the vessel is fishing under the cod
exemption specified in Sec. 648.86(b)(2).
(24) Fail to enter port and report the hail weight of cod no later
than 14 DAS after starting (i.e., the time of the issuance of the DAS
authorization number) a multispecies DAS trip, if the vessel exceeds
the allowable limit of cod specified in Sec. 648.86(b)(1)(i), unless
the vessel is fishing under the cod exemption specified in
Sec. 648.86(b)(2).
(25) Fail to remain in port for the appropriate time specified in
Sec. 648.86(b)(1)(ii)(A), except for transiting purposes, provided the
vessel complies with Sec. 648.86(b)(3).
(d) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of
this section, it is unlawful for any person owning or operating a
vessel issued a multispecies handgear permit to do any of the
following, unless otherwise specified in Sec. 648.17:
* * * * *
(e) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) through (d) of this
section, it is unlawful for any person owning or operating a vessel
issued a scallop multispecies possession limit permit to possess or
land more than the possession limit of regulated species specified at
Sec. 648.88(c) or to possess or land regulated species when not fishing
under a scallop DAS, unless otherwise specified in Sec. 648.17.
* * * * *
(g) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and the prohibitions specified in
paragraphs (a) through (f) of this section, it is unlawful for the
owner or operator of a charter or party boat issued a multispecies
permit, or of a recreational vessel, as applicable, to, unless
otherwise specified in Sec. 648.17:
* * * * *
(t) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) through (h) of this
section, it is unlawful for any person owning or operating a vessel
issued a nonregulated multispecies permit to possess or land any
regulated species as defined in Sec. 648.2, or violate any applicable
provisions of Sec. 648.88, unless otherwise specified in Sec. 648.17.
* * * * *
(x) * * *
(4) * * *
(i) Regulated species possessed for sale that do not meet the
minimum sizes specified in Sec. 648.83 for sale are deemed to have been
taken or imported in violation of these regulations, unless the
preponderance of all submitted evidence demonstrates that such fish
were harvested by a vessel not issued a permit under this part fished
exclusively within state waters, or by a vessel that fished exclusively
in the NAFO Regulatory Area. This presumption does not apply to fish
being sorted on deck.
(ii) Regulated species possessed for sale that do not meet the
minimum sizes specified in Sec. 648.83 for sale are deemed taken from
the EEZ or imported in violation of these regulations, unless the
preponderance of all submitted evidence demonstrates that such fish
were harvested by a vessel not issued a permit under this part fished
exclusively within state waters, or by a vessel that fished exclusively
in the NAFO Regulatory Area. This presumption does not apply to fish
being sorted on deck.
* * * * *
6. Section 648.17 is added to read as follows:
Sec. 648.17 Exemptions for vessels fishing in the NAFO Regulatory
Area.
(a) Multispecies vessels. (1) A vessel issued a valid High Seas
Fishing Compliance Act permit under 50 CFR part 300 is exempt from
multispecies permit, mesh size, effort-control, and possession limit
restrictions, specified in Secs. 648.4, 648.80, 648.82 and Sec. 648.86,
respectively, while transiting the EEZ with multispecies on board the
vessel, or landing multispecies in U.S. ports that were caught while
fishing in the NAFO Regulatory Area, provided:
(i) Prior to leaving port, the vessel operator notifies the
Regional Administrator of his/her intent to fish in the NAFO Regulatory
Area by calling the NMFS Office of Law Enforcement nearest to the point
where the vessel intends to offload, (contact the Regional
Administrator for locations and phone numbers), unless otherwise
required by the Regional Administrator under paragraph (a)(2) of this
section;
(ii) Prior to leaving the NAFO Regulatory Area to return to the
EEZ, the vessel operator notifies the Regional Administrator by calling
the NMFS Office of Law Enforcement nearest to the point of offloading
(contact the Regional Administrator for locations and phone numbers)
via marine-radio telephone or other voice communications system, unless
otherwise required by the Regional Administrator under paragraph (a)(2)
of this section, and provides the following information: His/her intent
to return to the EEZ, the vessels destination port, and the estimated
time of arrival;
(iii) For the duration of the trip, the vessel fishes, except for
transiting purposes, exclusively in the NAFO Regulatory Area and does
not harvest fish in, or possess fish harvested in, or from, the EEZ;
(iv) When transiting the EEZ, all gear is properly stowed in
accordance with
[[Page 60681]]
one of the applicable methods specified in Sec. 648.81(e); and
(v) Vessels comply with the High Seas Fishing Compliance Act permit
and all NAFO conservation and enforcement measures while fishing in the
NAFO Regulatory Area.
(2) Vessels fishing in the NAFO Regulatory Area under the
multispecies exemptions specified in paragraph (a)(1) of this section
may be required to have a letter of authorization issued by the
Regional Administrator on board the vessel should he/she determine that
it is needed for purposes of enforcement and administration of this
provision. In the event that a letter of authorization is required,
vessel owners will be informed through a permit holder letter at least
two weeks prior to the change.
(b) [Reserved]
7. Section 648.80 is amended by revising the introductory text to
read as follows:
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
Except as provided in Sec. 648.17(a), all vessels must comply with
the following minimum mesh size, gear and methods of fishing
requirements, unless otherwise exempted or prohibited.
* * * * *
8. In Sec. 648.82, paragraph (a) and (k)(1)(iv)(A) are revised and
(k)(1)(iv)(D) and (l) are added to read as follows:
Sec. 648.82 Effort-control program for limited access vessels.
(a) General. Except as provided in Sec. 648.17(a), a vessel issued
a limited access multispecies permit may not fish for, possess, or land
regulated species, except during a DAS as allocated under and in
accordance with the applicable DAS program described in this section,
unless otherwise provided in these regulations.
* * * * *
(k) * * *
(1) * * *
(iv) * * *
(A) During each fishing year, vessels must declare, and take, a
total of 120 days out of the non-exempt gillnet fishery. Each period of
time declared and taken must be a minimum of 7 consecutive days. At
least 21 days of this time must be taken between June 1 and September
30 of each fishing year, unless otherwise specified in paragraph
(k)(1)(iv)(D) of this section. The spawning season time out period
required by Sec. 648.82(g) will be credited toward the 120-days time
out of the non-exempt gillnet fishery. If a vessel owner has not
declared and taken, any or all of the remaining periods of time
required by the last possible date to meet these requirements, the
vessel is prohibited from fishing for, possessing, or landing regulated
multispecies or non-exempt species harvested with gillnet gear, and
from having gillnet gear on board the vessel that is not stowed in
accordance with Sec. 648.81(e)(4), while fishing under a multispecies
DAS, from that date through the end of the period between June 1 and
September 30, or through the end of the fishing year, as applicable,
unless otherwise specified in paragraph (k)(1)(iv)(D) of this section.
* * * * *
(D) For the 1997 fishing year, vessels that switch mid-year from
the Trip gillnet category to the Day gillnet category, as described in
Sec. 648.4(c)(2)(iii)(B), must take 120-days out of the non-exempt
gillnet fishery between the time that the vessel receives its new Day
gillnet category designation and gillnet tags and the end of the
fishing year.
* * * * *
(l) End-of-year carry-over. With the exception of vessels that held
a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J)
for the entire fishing year preceding the carry-over year, limited
access vessels that have unused DAS on the last day of April of any
year, may carry over a maximum of 10 DAS into the next year. This
carry-over allowance may not be accumulated year-to-year, e.g., a
vessel that receives an allocation of 88 DAS per fishing year is not
allowed to use more than 176 DAS over a 2-year period.
9. In Sec. 648.83, paragraph (a)(1) introductory text is revised to
read as follows:
Sec. 648.83 Minimum fish sizes.
(a) * * *
(1) Minimum fish sizes for recreational vessels and charter/party
vessels that are not fishing under a NE multispecies DAS are specified
in Sec. 648.89. Except as provided in Sec. 648.17(a), all other vessels
are subject to the following minimum fish sizes (TL):
* * * * *
10. In Sec. 648.86, introductory text and paragraph (b)(3) are
added, and (b)(1) introductory text, (b)(1)(i), and (ii) introductory
text, (b)(1)(ii)(A) and (B), and (b)(2) are revised to read as follows:
Sec. 648.86 Possession restrictions.
Except as provided in Sec. 648.17(a) of this section, the following
possession restrictions apply:
* * * * *
(b) * * *
(1) Gulf of Maine trip limit. (i) Except as provided in paragraph
(b)(1)(ii) and (b)(2) of this section, and subject to the cod trip
limit call-in provision specified at Sec. 648.10(f)(3)(i), a vessel
fishing under a NE multispecies DAS may land up to 1,000 lb (453.6 kg)
of cod per DAS, or any part of a DAS, for each of the first 4 days of a
trip, and may land up to 1,500 lb (680.4 kg) of cod per day for each
DAS, or any part of a day, in excess of 4 consecutive DAS. A day, for
the purposes of this paragraph, means a 24-hour period. Vessels
calling-out of the multispecies DAS program under Sec. 648.10(c)(3)
that have utilized ``part of a DAS'' (less than 24 hours) may land up
to an additional 1,000 lb (453.6 kg) of cod for that ``part of a DAS'';
however, such vessels may not end any subsequent trip with cod on board
within the 24-hour period following the beginning of the ``part of the
DAS'' utilized (e.g., a vessel that has called-in to the multispecies
DAS program at 3 p.m. on a Monday and ends its trip the next day
(Tuesday) at 4 p.m. (accruing a total of 25 hours) may legally land up
to 2,000 lb (907.2 kg) of cod on such a trip, but the vessel may not
end any subsequent trip with cod on board until after 3 p.m. on the
following day (Wednesday)). Cod on board a vessel subject to this
landing limit must be separated from other species of fish and stored
so as to be readily available for inspection.
(ii) A vessel subject to the cod landing limit restrictions
described in paragraph (b)(1)(i) of this section, and subject to the
cod trip limit call-in provision specified at Sec. 648.10(f)(3)(ii),
may come into port with and offload cod in excess of the landing limit
as determined by the number of DAS elapsed since the vessel called into
the DAS program, provided that:
(A) The vessel operator does not call-out of the DAS program as
described under Sec. 648.10(c)(3), and remains in port, unless for
transiting purposes as allowed in paragraph (b)(3) of this section,
until sufficient time has elapsed to account for and justify the amount
of cod harvested at the time of offloading regardless of whether all of
the cod on board is offloaded (e.g., a vessel that has called-in to the
multispecies DAS program at 3 p.m. on Monday may fish and come back
into port at 4 p.m. on Wednesday of that same week with 4,000 lb
(1,814.4 kg) of cod, and offload some or all of its catch, but cannot
call out of the DAS program until 3:01 p.m. the next day, Thursday
(i.e., 3 days plus one minute); and
(B) Upon returning to port and before offloading, the vessel
operator notifies the Regional Administrator (see Table 1 to
Sec. 600.502 for the Regional Administrator's address) and provides
[[Page 60682]]
the following information: Vessel name and permit number, owner and
caller name, DAS confirmation number, phone number, and the hail weight
of cod on board and the amount of cod to be offloaded, if any. A vessel
that has not exceeded the landing limit and is offloading and ending
its trip by calling out of the multispecies DAS program does not have
to report under this call-in system.
* * * * *
(2) Exemption. A vessel fishing under a NE multispecies DAS is
exempt from the landing limit described in paragraph (b)(1) when
fishing south of a line beginning at the Cape Cod, MA coastline at
42 deg.00' N. lat. and running eastward along 42 deg.00' N. lat. until
it intersects with 69 deg.30' W. long., then northward along 69 deg.30'
W. long. until it intersects with 42 deg.20' N. lat., then eastward
along 42 deg.20' N. lat. until it intersects with 67 deg.20' W. long.,
then northward along 67 deg.20' W. long. until it intersects with the
U.S.-Canada maritime boundary, provided that it does not fish north of
this exemption area for a minimum of 30 consecutive days (when fishing
under the multispecies DAS program), and has on board an authorization
letter issued by the Regional Administrator. Vessels exempt from the
landing limit requirement may transit the GOM/GB Regulated Mesh Area
north of this exemption area, provided that their gear is stowed in
accordance with one of the provisions of Sec. 648.81(e).
(3) Transiting. A vessel that has exceeded the cod trip limit as
specified in paragraph (b)(1) of this section and is, therefore,
subject to remain in port for the period of time described in paragraph
(b)(1)(ii)(A) of this section, may transit to another port during this
time, provided that the vessel operator notifies the Regional
Administrator (see Table 1 to Sec. 600.502 for the Regional
Administrator's address) either at the time the vessel reports its
hailed weight of cod or at a later time prior to transiting, and
provides the following information: Vessel name and permit number,
destination port, time of departure, and estimated time of arrival. A
vessel transiting under this provision must stow its gear in accordance
with one of the methods specified in Sec. 648.81(e), and may not have
any fish on board the vessel.
* * * * *
[FR Doc. 97-29706 Filed 11-10-97; 8:45 am]
BILLING CODE 3510-22-F
