95-30821. Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 5  

  • [Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
    [Proposed Rules]
    [Pages 65618-65631]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-30821]
    
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Parts 611 and 655
    
    [Docket No. 951208293-5293-01; I.D. 110995B]
    RIN 0648-AF01
    
    
    Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 5
    
    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 issues this proposed rule to implement the measures 
    contained in Amendment 5 to the Fishery Management Plan for the 
    Atlantic Mackerel, Squid, and Butterfish Fisheries (FMP). Amendment 5 
    is intended to further the Americanization of the fisheries and to 
    implement measures to prevent overfishing and avoid overcapitalization 
    of the domestic fleet.
    
    DATES: Comments on the proposed rule must be received on or before 
    January 29, 1996.
    
    ADDRESSES: Comments on the proposed rule should be sent to: Dr. Andrew 
    A. Rosenberg, Regional Director, National Marine Fisheries Service, 
    Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930-
    2298. Mark the outside of the envelope, ``Comments on Amendment 5 
    Atlantic Mackerel, Squid, and Butterfish.''
        Comments regarding the burden-hour estimates or any other aspect of 
    the collection-of-information requirements contained in this proposed 
    rule should be sent to the Northeast Regional Director at the address 
    above and the Office of Management and Budget (OMB) (Attention: NOAA 
    Desk Officer), Washington, D.C. 20503.
        Copies of the Amendment, final environmental impact statement, 
    regulatory impact review, and other supporting documents are available 
    upon request from David R. Keifer, Executive Director, Mid-Atlantic 
    Fishery Management Council, Room 2115, Federal Building, 300 South New 
    Street, Dover, DE 19901-6790.
    
    FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst, 
    508-281-9104. 
    
    [[Page 65619]]
    
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Amendment 5 was developed in response to concerns regarding 
    overcapitalization expressed by industry representatives at several 
    meetings of the Mid-Atlantic Fishery Management Council (Council) and 
    its Squid, Mackerel, and Butterfish (SMB) Committee in the early 
    1990's. Increases in domestic squid landings and a stagnation in the 
    growth of butterfish landings at well below the maximum sustainable 
    yield (MSY) for that species moved the Council to develop this 
    comprehensive amendment.
        At its July, 1992, meeting, the Council voted to publish a notice 
    of control date for the Atlantic mackerel, squid, and butterfish 
    fisheries. The control date established was August 13, 1992 (57 FR 
    36384, August 13, 1992). This notice informed the public that the 
    Council was considering a moratorium on vessel permits issued for these 
    fisheries. At its July, 1994, meeting, the Council reconsidered the 
    need for a control date for the Atlantic mackerel fishery. The data the 
    Council reviewed indicated the catch and fishing effort had decreased 
    in 1993 and 1994, while stock biomass remained high. In response, the 
    Council rescinded the control date for the Atlantic mackerel fishery 
    (59 FR 49235, September 27, 1994). Initial public scoping meetings to 
    discuss possible management measures for SMB took place in January, 
    1993, at which time the vessel moratorium, mesh restrictions, and area 
    and seasonal closures were identified as measures for consideration. A 
    public hearing draft of Amendment 5 was adopted by the Council at its 
    June, 1994, meeting and presented at public hearings in December, 1994. 
    As a result of issues raised at the hearings, the Council voted in 
    February, 1995, to issue a supplement to Amendment 5 that contained 
    revisions to the Loligo minimum mesh net requirement and the qualifying 
    criteria for the vessel moratoria. Public hearings were conducted in 
    April, 1995, to present the revised Amendment. The Council adopted 
    Amendment 5 on May 25, 1995, for submission to NMFS for Secretarial 
    review.
    
    Status of the Stocks
    
        In 1993, the 17th Northeast Regional Stock Assessment Workshop 
    (17th SAW) was convened to examine the status of several species, 
    including Illex and Loligo squid and butterfish.
        Results of SAW 17, as indicated in the March, 1994, plenary report, 
    estimated MSY for Loligo squid to be 36,000 metric tons (mt) based on 
    the finding that the Loligo has a life span of one year rather than 
    three, as previously believed. The present MSY for Loligo squid is 
    specified in the FMP as 44,000 mt, based on the assumption that Loligo 
    squid has a 3-year life span. The 17th SAW advised that Loligo is 
    considered to be fully utilized when based on the revised MSY of 36,000 
    mt.
        The present MSY for Illex is specified in the FMP as 30,000 mt and 
    is based on the disproven assumption that the life span of these 
    animals is 2 years. Though the 17th SAW determined that Illex also has 
    a life span of 1 year, it did not recommend revising the MSY. Instead, 
    the 17th SAW recommended that, since Illex is a transboundary stock 
    between the United States and Canada, a joint assessment should be 
    conducted before a revised MSY could be recommended. However, the 17th 
    SAW advised that the current MSY for Illex may be inappropriate and 
    cautioned that, while the stock is under-exploited based on current 
    MSY, the potential for recruitment overfishing may be substantial.
        The exploitation rate for butterfish is unknown. However, the stock 
    is at a low-to-medium biomass level and current catch levels are well 
    below the MSY of 16,000 mt. The adult component of the stock has 
    declined since 1990 and is currently well below average. It is 
    estimated that 50 percent of the harvest of butterfish over the past 
    several years has been discarded due to both the relatively small size 
    of the fish and the lack of markets. The largest butterfish landings in 
    recent years have been made as bycatch in the Loligo squid fishery.
        At the time the Council was developing and adopting Amendment 5, 
    the most recent stock assessment for Atlantic mackerel was that done in 
    1991, when the 12th SAW assessed the stock as underexploited with a 
    high biomass. That assessment indicated that, following a period of 
    poor year classes from 1976 through 1980, there were several years with 
    relatively good recruitment, yielding especially strong year classes in 
    1982, 1987, and 1988. These cohorts contributed to a marked increase in 
    stock biomass. Estimated spawning stock biomass was 3,010,000 mt in 
    1991 with an exploitation rate of 2 percent.
        The recently concluded 20th SAW determined that, based on the 1994 
    stock assessment, the Atlantic mackerel stock continues to be under-
    exploited and at a high biomass level. The exploitation rate of two 
    percent has not changed. The 20th SAW further concluded that the long-
    term potential catch (LTPC) projected for the Canadian and U.S. 
    Atlantic mackerel combined was approximately 150,000 mt. This 
    represents an increase of 16,000 mt from the previous LTPC value of 
    134,000 mt. The LTPC is the estimate of allowable annual catch levels 
    that would sustain the fishery for several years.
    
    Management Measures
    
        NMFS is requesting comment on all measures contained in Amendment 
    5. However, NMFS has serious concerns about the proposed criteria for 
    entry into the fisheries for the squids and butterfish, the exemption 
    proposed for the sea herring fishery, the Council's proposal to 
    constrain ABC by the LTPC value, and the use of the 50-fathom curve as 
    a boundary for the exemption from the minimum mesh size for Loligo 
    during prosecution of the summer Illex fishery. Because of NMFS' 
    concerns regarding the enforceability of the 50-fathom curve as a 
    boundary, NMFS proposes a set of latitude-longitude coordinates to 
    achieve the Council's intent in an enforceable manner. While comment is 
    sought on all measures contained in the proposed rule, NMFS asks the 
    public to focus on these measures in particular, to assist in 
    conducting a thorough and deliberative review of the amendment before 
    final approval or disapproval by the Secretary of Commerce (Secretary).
        In addition, NMFS notes that the provision contained in Amendment 5 
    that would require the Secretary to publish a control date for the 
    Atlantic mackerel fishery when commercial landings reach 50 percent of 
    allowable biological catch (ABC) is not included in this proposed rule. 
    NMFS does not consider this provision to be a management measure to be 
    implemented by a fishery management plan. Rather, it is viewed as a 
    statement of Council intent; NMFS expects that the Council will 
    recommend the publication of a notice of control date when it deems 
    this action necessary.
        The permit and reporting requirements and revision to the annual 
    specification process, if approved, will be implemented for the 1997 
    fishing year. Other provisions may be effective prior to that time.
    
    Elimination of the Potential for Joint Ventures and Directed Foreign 
    Fishing for the Squids and Butterfish
    
        The Council proposes to eliminate foreign participation in these 
    fisheries. Joint ventures and total allowable levels of foreign fishing 
    (TALFF) have not been allocated for squid or butterfish since the mid-
    1980's. The Council concluded that the domestic fleet has the capacity 
    to harvest the OY from 
    
    [[Page 65620]]
    these fisheries. However, joint venture and TALFF allocations for 
    Atlantic mackerel may continue. If there is TALFF specified for 
    Atlantic mackerel, there will be butterfish bycatch TALFF allocated 
    that is equal to 0.08 percent of the mackerel TALFF, in order to reduce 
    waste of bycatch in that fishery. The definitions of ``other allocated 
    species'' and ``prohibited species'' at 50 CFR 611.50(b) are modified 
    accordingly, to make squids ``prohibited species.''
    
    MSY for Loligo Squid
    
        The Council would revise the MSY for Loligo squid to 36,000 mt from 
    44,000 mt. The revision is based on the finding that the squid has a 
    one-year life span. The stock is considered to be fully-exploited.
    
    Spawning Stock Biomass (SSB) and LTPC for Atlantic Mackerel
    
        The FMP currently specifies ABC for Atlantic mackerel as that U.S. 
    catch that would yield an SSB of 600,000 mt. The Council would revise 
    this threshold upward to 900,000 mt to promote recruitment. A time 
    series based on the 1991 assessment found that the median year class 
    size for years 1962-93, inclusive, was 1.277 billion fish. When the SSB 
    was less than 900,000 mt, only 35 percent of the ensuing year classes 
    were observed to be above the median. Conversely, 82 percent of the 
    year classes were above the median recruitment level when SSB exceeded 
    900,000 mt.
        The Council would also constrain ABC with a derived LTPC. The 
    current LTPC specified annually by the Council would be 150,000 mt 
    minus the projected annual Canadian catch. Therefore, at present, if 
    this measure were approved, ABC could be no larger than 150,000 mt and 
    is likely to be less. The Council believes that management of Atlantic 
    mackerel should be based on long-term yield projections. However, NMFS 
    is concerned about the fact that Atlantic mackerel stock abundance is 
    very high currently, and that limiting ABC by LTPC may be overly 
    constraining in the short term. The 20th SAW states that at current 
    stock abundance amounts, Atlantic mackerel landings of 200,000 mt could 
    be sustained for several years because of foregone yield in the fishery 
    recently.
    
    Seasonal Quota for Loligo Squid
    
        This management measure would give the Regional Director authority 
    to establish annual seasonal quotas for Loligo based on the 
    recommendations of the Atlantic Mackerel, Squid, and Butterfish 
    Monitoring Committee (Monitoring Committee) and the Council. Such 
    quotas are intended to ensure sufficient escapement of Loligo squid 
    from the offshore winter fishery to allow for catches in traditional 
    inshore fisheries.
    
    Moratorium on Vessel Permits for Butterfish and Squids
    
        The Council would establish a moratorium on new vessel permits for 
    the directed fisheries for butterfish and the squids. The Council would 
    also establish a vessel permit category open to all vessels, which 
    would allow a vessel to retain up to 2,500 lb (1.13 mt) of each species 
    per trip. This incidental catch level could be adjusted annually.
        Moratorium permits would be issued for Loligo squid and butterfish 
    jointly and Illex squid separately. In the November, 1994, public 
    hearing draft, the time horizon that served as a basis for qualifying 
    for the moratoria permits was August 13, 1988, to August 13, 1993. 
    Landings requirements proposed at that time were 5,000 lb (2.27 mt) in 
    one week for Loligo squid or butterfish and five separate trips of at 
    least 5,000 lb (2.27 mt) each for Illex. Furthermore, it was proposed 
    that vessels would qualify for the Illex permit if owners had purchased 
    refrigerated sea water equipment or an on-board freezer by May 31, 
    1994, and had landed five trips of at least 5,000 lb (2.27 mt) prior to 
    the promulgation of the final regulations implementing Amendment 5. 
    Under both moratoria, vessel replacement would be allowed if a 
    qualifying vessel leaves the fishery involuntarily; for example, if it 
    sinks.
        Comments during the public hearings held in December, 1994, 
    indicated that the industry believed the qualification period for the 
    Illex squid permit should be extended back to August 13, 1981. This 
    revision would allow the catch history of vessels that participated in 
    the foreign joint venture fishery prior to 1988 to qualify them for a 
    moratorium permit. At the February 23, 1995, SMB Committee meeting, 
    industry representatives argued that it would not be fair to limit the 
    extension of the qualification period to the Illex fishery only, 
    convincing the Committee to recommend that the Council extend the 
    qualification period back to 1981, for both the Illex and Loligo/
    butterfish moratoria permits. Furthermore, the SMB Committee believed 
    that the Loligo/butterfish landing criterion was not in line with 
    active participation in these fisheries. It recommended requiring 
    20,000 lb (9.07 mt) to have been landed in any 30-consecutive-day 
    period during the qualification period. The Council accepted the SMB 
    Committee's recommendations at its March, 1995, meeting. However, since 
    these changes to the Public Hearing Draft regarding qualifying 
    conditions were viewed as substantive, a Supplemental Public Hearing 
    Draft was developed and presented at public hearings in April, 1995. 
    After taking into account public comment, the Council adopted the 
    revised qualifying criteria in May, 1995.
    
    Party or Charter Boat Permit
    
        The owner of a party or charter boat (vessel for hire) would be 
    required to obtain an SMB party or charterboat permit. A party or 
    charter vessel obtaining this permit could also have a commercial 
    permit for Atlantic mackerel or a commercial moratorium permit for 
    Illex squid and/or Loligo/butterfish if the vessel meets the qualifying 
    criteria. However, such a vessel would be prohibited from fishing 
    commercially when carrying passengers for a fee.
    
    Atlantic Mackerel Permit
    
        Although a moratorium would not exist on entry into the Atlantic 
    mackerel fishery, an Atlantic mackerel permit would be required to 
    harvest and sell Atlantic mackerel. Vessels receiving permits for the 
    Atlantic mackerel fishery would be required to comply with the 
    requirements implemented under the FMP, including recordkeeping and 
    reporting.
    
    Operator Permit
    
        An operator of a vessel with a permit issued under this FMP would 
    be required to have an operator permit issued by the Northeast Region, 
    NMFS. The operator permits issued to operators in the fisheries for 
    Northeast multispecies, American lobster, and Atlantic sea scallops 
    would satisfy this requirement. The operator would be held accountable 
    for violations of the fishing regulations and would be subject to a 
    permit sanction. During the permit sanction period, the operator could 
    not work in any capacity aboard a federally permitted fishing vessel.
    
    Transfers at Sea
    
        Only vessels issued a moratorium permit would be allowed to 
    transfer Loligo squid, Illex squid, or butterfish at sea. This 
    provision is intended to enhance enforcement of the incidental catch 
    allowance for vessels without moratorium permits, which is currently 
    specified as 2,500 lb (1.13 mt) of Illex, Loligo, or butterfish per 
    trip.
    
    Reporting and Recordkeeping
    
        The Council intends to institute recordkeeping and reporting 
    
    [[Page 65621]]
        requirements in the FMP that are identical to those required by the 
    Summer Flounder, Northeast Multispecies, and Atlantic Sea Scallop 
    Fishery Management Plans.
        Commercial logbooks would be submitted on a monthly basis by vessel 
    owners in order to monitor the fishery. Real-time assessment and 
    management of the Loligo and Illex resources may be necessary due to 
    the risk of overfishing stocks comprised of only a single cohort. The 
    Council proposes that the Regional Director specify, during the first 
    year of implementation, the data elements and reporting mechanism 
    required to establish a real-time assessment and management program for 
    the annual squid species. The Council would investigate the feasibility 
    of such a management system in year 2 of the management program. 
    Operators of party and charter boats with Federal permits would also be 
    required to provide catch information on logbooks submitted monthly.
        Dealers with permits issued pursuant to the FMP would submit weekly 
    reports showing species purchased in pounds, and the name and permit 
    number of the vessels from which the aforementioned species were 
    purchased. Buyers that do not purchase directly from vessels would not 
    be required to submit reports under this provision.
    
    Minimum Mesh Size Requirement for Loligo Squid
    
        The minimum mesh size requirement for the Loligo squid fishery and 
    exemptions from that requirement would be established on a framework 
    basis. These provisions could be changed by the Regional Director based 
    upon the recommendation of the Council. This amendment proposes that 
    initially, otter trawl vessels possessing one pound (0.45 kg) or more 
    of Loligo squid be required to fish with nets having a minimum mesh 
    size of 1-7/8 inch (48-mm) diamond mesh, inside stretch measure, 
    applied throughout the net including the body and codend. A liner would 
    be allowed to close the opening created by the rings in the rearmost 
    portion of the codend, provided that it does not extend more than ten 
    meshes forward from the rearmost portion of the codend. Net 
    strengtheners, ropes, lines, or chafing gear on the outer portion of 
    the trawl net would be required to have a mesh opening of at least 4.5 
    inches (115 mm), inside stretch measure. This provision would be 
    implemented as a fishery measure that could be adjusted annually by the 
    Regional Director, based upon a recommendation by the Council.
        There are two proposed exemptions from the minimum mesh size 
    requirement for Loligo. The first would exempt vessels fishing for 
    Illex during the months of June, July, August, and September seaward of 
    the 50-fathom curve. The second would exempt vessels participating in 
    the directed fishery for sea herring, provided that 75 percent or more 
    of their catch, by weight, is comprised of sea herring.
        NMFS Office of Enforcement and the Coast Guard have expressed 
    concern about the enforceability of an exemption area defined by a 
    fathom curve, so NMFS proposes a set of latitude-longitude coordinates 
    intended to follow closely the 50-fathom curve and achieve the 
    Council's intent in an enforceable manner. These law enforcement 
    agencies are also concerned with the feasibility of the proposed sea 
    herring exemption because of the difficulties in ascertaining relative 
    percentages of the catch. After receiving public comment on these 
    exemptions, NMFS will determine how best to administer these 
    provisions, should they be approved.
    
    Classification
    
        Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires 
    NMFS to publish regulations proposed by a Council within 15 days of 
    receipt of the amendment and proposed regulations. At this time, NMFS 
    has not determined that the amendment these rules would implement is 
    consistent with the national standards, other provisions of the 
    Magnuson Act, and other applicable law. NMFS, in making that 
    determination, will take into account the information, views, and 
    comments received during the comment period.
        The General Counsel of the Department of Commerce certified to the 
    Chief Counsel for Advocacy, Small Business Administration, that this 
    proposed rule, if adopted, would not have a significant economic impact 
    on a substantial number of small entities. The provisions that would be 
    implemented by Amendment 5 would prevent overcapitalization of these 
    fisheries relative to abundance and availability of the stocks of 
    Loligo, Illex, and butterfish. Amendment 5, as indicated in the initial 
    regulatory flexibility analysis prepared by the Council, would 
    essentially maintain the status quo, in terms of revenues for 
    participants in the fishery, since the proposed limited entry measures 
    would include historical participants in the fisheries. Proposed 
    measures would not substantially affect more than 20 percent of the 
    present participants in these fisheries and would not directly increase 
    or decrease utilization or production of the affected species resulting 
    in a change in expected revenues of greater than 5 percent.
        This proposed rule contains collection-of-information requirements 
    subject to the Paperwork Reduction Act (PRA). Mandatory dealer 
    reporting and annual employment data reporting have been approved by 
    OMB under control numbers 0648-0229 and 0648-0018, respectively. Dealer 
    reporting responses are estimated to take 2 minutes and employment data 
    responses 6 minutes. The proposed rule also contains new requirements 
    that have been submitted to OMB for approval. These requirements and 
    their estimated response times are: vessel permits and vessel permit 
    appeals at 30 minutes per response, operator permits at one hour per 
    response, dealer permits at 5 minutes per response, and an observer 
    notification requirement at 2 minutes per response.
        The response estimates shown include the time for reviewing 
    instructions, searching exiting data sources, gathering and maintaining 
    the data needed, and completing and reviewing the collection of 
    information. Send comments regarding any of these burden estimates or 
    any other aspect of the collection of information to NMFS or OMB at the 
    ADDRESSES above. 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 has been determined to be not significant for 
    purposes of E.O. 12866.
    
    List of Subjects
    
    50 CFR Part 611
    
        Fisheries, Foreign relations, Reporting and recordkeeping 
    requirements.
    
    50 CFR Part 655
    
        Fisheries, Reporting and recordkeeping requirements.
    
        Dated: December 14, 1995.
    Gary Matlock,
    Program Management Officer, National Marine Fisheries Service.
    
        For the reasons set out in the preamble, 50 CFR parts 611 and 655 
    are proposed to be amended as follows:
    
    PART 611--FOREIGN FISHING
    
        1. The authority citation for part 611 continues to read as 
    follows:
    
     
    [[Page 65622]]
    
        Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 971 et seq., 22 
    U.S.C. 1971 et seq., and 16 U.S.C. 1361 et seq.
    
        2. In Sec. 611.50, paragraphs (b)(3) and (b)(4)(i) and (b)(4)(ii) 
    are revised to read as follows:
    
    
    Sec. 611.50  Northwest Atlantic Ocean fishery.
    
    * * * * *
        (b) * * *
        (3) TALFF. The TALFFs for the Northwest Atlantic Ocean fishery are 
    published in the Federal Register. Current TALFFs are also available 
    from the Regional Director. The procedures for determining and 
    adjusting the Atlantic mackerel TALFF is set forth in 50 CFR part 655.
        (4) * * *
        (i) The other allocated species, namely: Atlantic herring, Atlantic 
    mackerel, butterfish (as a bycatch of Atlantic mackerel), and river 
    herring (including alewife, blueback herring, and hickory shad); and
        (ii) The prohibited species, namely: American plaice, American 
    shad, Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic 
    salmon, all marlin, all spearfish, sailfish, swordfish, black sea bass, 
    bluefish, croaker, haddock, ocean pout, pollock, red hake, scup, sea 
    turtles, sharks (except dogfish), silver hake, spot, striped bass, 
    summer flounder, tilefish, yellowtail flounder, weakfish, white hake, 
    short-finned squid, long-finned squid, windowpane flounder, winter 
    flounder, witch flounder, Continental Shelf fishery resources, and 
    other invertebrates (except non-allocated squids).
    * * * * *
        3. Part 655 is revised to read as follows:
    
    PART 655--ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERIES
    
    Subpart A--General Provisions
    
    Sec.
    655.1  Purpose and scope.
    655.2  Definitions.
    655.3  Relation to other laws.
    655.4  Vessel permits.
    655.5  Operator permit.
    655.6  Dealer permit.
    655.7  Recordkeeping and reporting requirements.
    655.8  Vessel identification.
    655.9  Prohibitions.
    655.10  Facilitation of enforcement.
    655.11  Penalties.
    
    Subpart B--Management Measures
    
    655.20  Fishing year.
    655.21  Maximum optimum yields.
    655.22  Procedures for determining initial amounts.
    655.23  Closure of the fishery.
    655.24  Time and area restrictions for directed foreign fishing.
    655.25  Gear restrictions.
    655.26  Minimum fish sizes. [Reserved]
    655.27  Possession limits. [Reserved]
    655.28  At-sea observer coverage.
    655.29  Transfer-at-sea.
    655.30  Experimental fishery.
    Figure 1 to Part 655--Exemption line to minimum net mesh-size 
    requirement for Loiigo squid.
    
        Authority: 16 U.S.C. 1801 et seq.
    
    Subpart A--General Provisions
    
    
    Sec. 655.1  Purpose and scope.
    
        (a) The regulations in this part govern the conservation and 
    management of Atlantic mackerel, Illex squid, Loligo squid, and 
    butterfish.
        (b) The regulations governing fishing for Atlantic mackerel, Illex 
    squid, Loligo squid, and butterfish by vessels other than vessels of 
    the United States are contained in 50 CFR part 611.
        (c) This part implements the Fishery Management Plan for the 
    Atlantic Mackerel, Squid, and Butterfish Fisheries of the Northwest 
    Atlantic Ocean.
    
    
    Sec. 655.2  Definitions.
    
        In addition to the definitions in the Magnuson Act and in 
    Sec. 620.2 of this chapter, the terms used in this part have the 
    following meanings:
        Atlantic butterfish or butterfish means the species Peprilus 
    triacanthus.
        Atlantic mackerel or mackerel means the species Scomber scombrus.
        Atlantic Mackerel, Squid, and Butterfish Monitoring Committee or 
    Monitoring Committee means a committee made up of staff representatives 
    of the Mid-Atlantic and New England Fishery Management Councils, and 
    the Northeast Regional Office and Northeast Fisheries Science Center of 
    NMFS. The Council Executive Director or a designee chairs the 
    Committee.
        Being rerigged means physical alteration of the vessel or its gear 
    had begun to transform the vessel into one capable of fishing 
    commercially for squid or butterfish.
        Blast freezer means a freezing system in which fish are frozen by 
    being exposed to cold air being blown over them. The freezer must be 
    designed for use on a fishing vessel rather than designed for 
    residential or similar use.
        Charter or party boat means any vessel that carries passengers for 
    hire to engage in fishing.
        Council means the Mid-Atlantic Fishery Management Council.
        Dealer means any person who receives squid, mackerel, or butterfish 
    for a commercial purpose, other than solely for transport on land, from 
    the owner or operator of a vessel issued a permit under Sec. 655.4.
        Fishery Management Plan (FMP) means the Fishery Management Plan for 
    the Atlantic mackerel, squid, and butterfish fisheries of the Northwest 
    Atlantic Ocean, as revised by subsequent amendments.
        Fishing for commercial purposes means any fishing or fishing 
    activity that results in the harvest of Atlantic mackerel, squid, or 
    butterfish, one or more of which (or parts thereof) is sold, traded, or 
    bartered.
        Fishing trip or trip means a period of time during which fishing is 
    conducted, beginning when the vessel leaves port and ending when the 
    vessel returns to port.
        Gross registered tonnage (GRT) means the gross tonnage specified on 
    the U.S. Coast Guard documentation.
        Illex means the species Illex illecebrosus (short-finned or summer 
    squid).
        Joint venture harvest means U.S.-harvested Atlantic mackerel 
    transferred to foreign vessels in the EEZ.
        Land means to begin offloading fish or to offload fish at sea or on 
    land, or to enter port with fish.
        Liner means a piece of mesh rigged inside the main or outer net.
        Loligo means the species Loligo pealei (long-finned or bone squid).
        Metric ton (mt) means 1,000 kg or 2,204.6 lb.
        Operator means the master, captain, or other individual on board a 
    fishing vessel and in charge of that vessel's operations.
        Personal use means not for sale, barter, or trade.
        Plate freezer means a freezing system in which fish are frozen by 
    contact with refrigerated plates. The freezer must be designed for use 
    on a fishing vessel rather than designed for residential or similar 
    use.
        Postmark means independently verifiable evidence of date of 
    mailing, such as U.S. Postal Service postmark, United Parcel Service 
    (U.P.S.) or other private carrier postmark, certified mail receipt, 
    overnight mail receipt, or receipt received upon hand delivery to an 
    authorized representative of NMFS.
        Recirculating sea water equipment means a refrigerated sea-water 
    system in which the seawater cooled by mechanical refrigeration is 
    circulated through tanks that contain fish.
        Recreational fishing means fishing that is not intended to, nor 
    does result in, the barter, trade, or sale of fish.
        Recreational fishing vessel means any vessel from which no fishing 
    other than recreational fishing is conducted. Charter and party boats 
    are not considered recreational fishing vessels.
        Regional Director means the Regional Director, Northeast Region, 
    National 
    
    [[Page 65623]]
    Marine Fisheries Service, 1 Blackburn Drive, Gloucester, MA 01930-2298, 
    or a designee.
        Reporting month means the period of time beginning at 0001 hours 
    local time on the first day of each calendar month and ending at 2400 
    hours local time on the last day of each calendar month.
        Reporting week means a period of time beginning at 0001 hours local 
    time on Sunday and ending at 2400 hours local time the following 
    Saturday.
        Squid means Loligo pealei and Illex illecebrosus.
        Substantially similar harvesting capacity means the same or less 
    GRT and vessel registered length for commercial vessels.
        Total length (TL) means the distance from the tip of the snout to 
    the tip of the tail (caudal fin) while the fish is lying on its side 
    normally extended.
        Transfer means to begin to remove, to pass over the rail, or 
    otherwise take away fish from any vessel and move them to another 
    conveyance.
        Under construction means that the keel has been laid.
        Vessel registered length means the registered length specified on 
    U.S. Coast Guard Documentation, or state registration if the state 
    registered length is verified by a NMFS authorized official.
    
    
    Sec. 655.3  Relation to other laws.
    
        (a) The relation of this part to other laws is set forth in 
    Sec. 620.3 of this chapter and paragraphs (b) through (d) of this 
    section.
        (b) Additional regulations governing domestic fishing for Northeast 
    Multispecies, which affect this part, are found at 50 CFR part 651.
        (c) Additional regulations governing domestic fishing for summer 
    flounder, which affect this part, are found at 50 CFR part 625.
        (d) Nothing in these regulations supersedes more restrictive state 
    management measures.
    
    
    Sec. 655.4  Vessel permits.
    
        (a) General--(1) Requirement. Vessels, including party or charter 
    vessels, must obtain a permit issued under this part to fish for or 
    retain Atlantic mackerel, Loligo, Illex, or butterfish in or from the 
    EEZ. This requirement does not pertain to recreational fishing vessels.
        (2) Condition. Vessel owners who apply for a fishing vessel permit 
    under this section must agree as a condition of the permit that the 
    vessel's fishing, catch and pertinent gear (without regard to whether 
    such fishing occurs in or from the EEZ or landward of the EEZ, and 
    without regard to where such fish or gear are possessed, taken or 
    landed) will be subject to all requirements of this part. All such 
    fishing, catch and gear will remain subject to all applicable state 
    requirements. If a requirement of this part and a management measure 
    required by state law differ, any vessel owner permitted to fish in the 
    EEZ must comply with the more restrictive requirement.
        (b) Moratorium permits--(1) Loligo squid and butterfish. A vessel 
    is eligible for a moratorium permit to fish for and retain Loligo squid 
    or butterfish in excess of the incidental catch allowance specified in 
    paragraph (c)(1) of this section, if it meets any of the following 
    criteria:
        (i) The vessel landed and sold at least 20,000 lb (9.07 mt) of 
    Loligo or butterfish in any 30-consecutive-day period between August 
    13, 1981, and August 13, 1993; or
        (ii) The vessel is replacing a vessel of substantially similar 
    harvesting capacity that involuntarily left the Loligo or butterfish 
    fishery during the effective period of the moratorium, and both the 
    entering and replaced vessels are owned by the same person. Vessel 
    permits issued to vessels that involuntarily leave the fishery may not 
    be combined to create larger replacement vessels.
        (iii) Vessels that are judged unseaworthy by the Coast Guard for 
    reasons other than lack of maintenance may be replaced by a vessel of 
    substantially similar harvesting capacity during the effective period 
    of the moratorium.
        (2) Illex squid. A vessel is eligible for a moratorium permit to 
    fish for and retain Illex squid in excess of the incidental catch 
    allowance specified in paragraph (c)(1) of this section, if it meets 
    any of the following criteria:
        (i) The vessel landed and sold at least 5,000 lb (2.27 mt) of Illex 
    on each of five trips between August 13, 1981, and August 13, 1993; or
        (ii) Recirculating sea water equipment or an on-board commercial 
    plate or blast freezer was purchased by May 31, 1994, and installed on 
    the vessel, and the vessel landed five trips of at least 5,000 lb (2.27 
    mt) each of Illex prior to the effective date of these regulations; or
        (iii) The vessel is replacing a vessel of substantially similar 
    harvesting capacity that involuntarily left the Illex fishery during 
    the effective period of the moratorium, and both the entering and 
    replaced vessels are owned by the same person. Vessel permits issued to 
    vessels that involuntarily leave the fishery may not be combined to 
    create larger replacement vessels.
        (iv) Vessels that are judged unseaworthy by the Coast Guard for 
    reasons other than lack of maintenance may be replaced by a vessel with 
    the same or less GRT and vessel registered length for commercial 
    vessels during the effective period of the moratorium.
        (3) Restriction. No one may apply for the permits specified in 
    paragraphs (b) (1) and (2) of this section more than 12 months after 
    the effective date of these regulations, or the event specified under 
    paragraph (i)(1) of this section. This section does not affect annual 
    permit renewals.
        (4) Appeal of denial of permit. (i) Any applicant denied a 
    moratorium permit may appeal to the Regional Director within 30 days of 
    the notice of denial. Any such appeal shall be in writing. The only 
    ground for appeal is that the Regional Director erred in concluding 
    that the vessel did not meet the criteria in paragraph (b) of this 
    section. The appeal shall set forth the basis for the applicant's 
    belief that the Regional Director's decision was made in error.
        (ii) The appeal may be presented, at the option of the applicant, 
    at a hearing before an officer appointed by the Regional Director.
        (iii) The hearing officer shall make a recommendation to Regional 
    Director.
        (iv) The decision on the appeal by the Regional Director is the 
    final decision of the Department of Commerce.
        (c) Incidental catch permit. (1) Any vessel of the United States 
    may obtain a permit to fish for or retain up to 2,500 lb (1.13 mt) of 
    Loligo squid, Illex squid, or butterfish as an incidental catch in 
    another directed fishery.
        (2) Adjustments to the incidental catch. The incidental catch 
    allowance may be revised by the Regional Director after recommendation 
    by the Council following the procedure set forth in Sec. 655.22. NMFS 
    will publish a notification of any proposed adjustment in the Federal 
    Register. The public may comment on the adjustment for 30 days after 
    the date of publication. After consideration of public comments, NMFS 
    may publish a notification of adjustment to the incidental catch 
    allowance in the Federal Register.
        (d) 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.
        (e) Party and charter boat permit. Any party or charter boat may 
    obtain a permit to fish for or retain Atlantic mackerel, squid or 
    butterfish while carrying passengers for hire.
        (f) Vessel permit application. (1) An application for a permit 
    under this section must be submitted and signed by the owner of the 
    vessel on an appropriate form obtained from the Regional Director at 
    least 30 days prior to the date on which the applicant 
    
    [[Page 65624]]
    desires to have the permit made effective. The Regional Director will 
    notify the applicant of any deficiency in the application pursuant to 
    this section. Applicants for moratorium permits shall provide 
    information with the application sufficient for the Regional Director 
    to determine if the vessel meets any eligibility requirements. Dealer 
    weighout forms, joint venture receipts, and notarized statements from 
    marine architects or surveyors or shipyard officials will be considered 
    acceptable forms of proof.
        (2) Information requirements. In addition to applicable information 
    required to be provided by paragraph (f)(1) of this section, an 
    application for a permit under this section must contain at least the 
    following information, and any other information required by the 
    Regional Director: Vessel name; owner name, mailing address, and 
    telephone number; U.S. Coast Guard documentation number and a valid 
    copy of the vessel's U.S. Coast Guard documentation or, if 
    undocumented, the state registration number and a copy of the current 
    state registration; home port and principal port of landing; overall 
    length; gross tonnage; net tonnage; engine horsepower; year the vessel 
    was built; type of construction; type of propulsion; approximate fish 
    hold capacity; type of fishing gear used by the vessel; number of crew; 
    permit category; if the owner is a corporation, a copy of the 
    Certificate of Incorporation showing the principals in the corporation, 
    and the names and addresses of all shareholders owning 25 percent or 
    more of the corporation's shares; if the owner is a partnership, a copy 
    of the Partnership Agreement and the names and addresses of all 
    partners; if there is more than one owner, names of all owners that 
    have acquired more than a 25-percent interest; the name and signature 
    of the owner or the owner's authorized representative; permit number of 
    any current or, if expired, previous Federal fishery permit issued to 
    the vessel; and a copy of the charter/party boat license and number of 
    passengers the vessel is licensed to carry (charter and party boats); 
    and any other information required by the Regional Director to manage 
    the fishery.
        (g) Fees. The Regional Director may charge a fee to recover 
    administrative expenses of issuing a permit required under this 
    section. The amount of the fee is calculated in accordance with the 
    procedures of the NOAA Finance Handbook for determining administrative 
    costs of each special product or service. The fee may not exceed such 
    costs and is specified on each application form. The appropriate fee 
    must accompany each application; if it does not, the application will 
    be considered incomplete for purposes of paragraph (h) of this section. 
    Any fee paid by an insufficient bank draft shall render any permit 
    issued on the basis thereof null and void.
        (h) Issuance. (1) Except as provided in Subpart D of 15 CFR Part 
    904, the Regional Director will issue a permit under this section 
    within 30 days of receipt of the application unless:
        (i) The applicant has failed to submit a complete application as 
    described in paragraph (f) of this section. An application is complete 
    when all requested forms, information, documentation, and fees, if 
    applicable, have been received; or
        (ii) The application was not received by the Regional Director by 
    the deadlines set forth in paragraph (b)(3) of this section; or
        (iii) The applicant has failed to comply with all applicable 
    reporting requirements of Sec. 655.7 during the 12 months immediately 
    preceding the application.
        (2) Upon receipt of an incomplete application, or an application 
    from a person who has not complied with all applicable reporting 
    requirements of Sec. 655.7 during the 12 months immediately preceding 
    the application, the Regional Director will notify the applicant of the 
    deficiency. If the applicant fails to correct the deficiency within 30 
    days of the Regional Director's notification, the application will be 
    considered abandoned.
        (i) Expiration. Except as provided in paragraphs (b)(1)(ii) and 
    (b)(2)(iii) of this section, a permit expires:
        (1) When the owner retires the vessel from the fishery;
        (2) Upon the renewal date specified on the permit; or
        (3) When the ownership of the vessel changes; however, the Regional 
    Director may authorize the continuation of a moratorium permit for the 
    squid and butterfish fisheries if the new owner requests. Applications 
    for permit continuations must be addressed to the Regional Director.
        (j) Duration. A permit is valid until it is revoked, suspended, or 
    modified under 15 CFR part 904, or until it otherwise expires, or 
    ownership changes, or the applicant has failed to report any change in 
    the information on the permit application to the Regional Director as 
    specified in paragraph (m) of this section.
        (k) Replacement. Replacement permits for an otherwise valid permit 
    may be issued by the Regional Director when requested in writing by the 
    owner or authorized representative, stating the need for replacement, 
    the name of the vessel, and the federal fisheries permit number 
    assigned. An application for a replacement permit will not be 
    considered a new application. An appropriate fee may be charged for 
    issuance of the replacement permit.
        (l) Transfer. Permits issued under this part are not transferable 
    or assignable. A permit is valid only for the fishing vessel and owner 
    for which it is issued.
        (m) Change in application information. Any change in the 
    information specified in paragraph (f)(2) of this section must be 
    submitted by the applicant in writing to the Regional Director within 
    15 days of the change. If the written notice of the change in 
    information is not received by the Regional Director within 15 days, 
    the permit is void.
        (n) Alteration. Any permit that has been altered, erased, or 
    mutilated is invalid.
        (o) Display. The permit must be maintained in legible condition and 
    displayed for inspection upon request by any authorized officer.
        (p) Sanctions. Procedures governing enforcement-related permit 
    sanctions and denials are found at subpart D of 15 CFR part 904.
    
    
    Sec. 655.5  Operator permit.
    
        (a) General. Any operator of a vessel holding a valid Federal 
    Atlantic mackerel, Loligo, Illex, or butterfish permit under this part, 
    or any operator of a vessel fishing for Atlantic mackerel, Loligo, 
    Illex, or butterfish in the EEZ or in possession of Atlantic mackerel, 
    Loligo, Illex, or butterfish in or harvested from the EEZ, must have 
    and carry on board a valid operator's permit issued under this part. An 
    operator permit issued pursuant to Parts 649, 650, or 651 shall satisfy 
    the permitting requirement of this paragraph.
        (b) Operator application. Applicants for a permit under this 
    section must submit a completed permit application on an appropriate 
    form obtained from the Regional Director. The application must be 
    signed by the applicant and submitted to the Regional Director at least 
    30 days prior to the date on which the applicant desires to have the 
    permit made effective. The Regional Director will notify the applicant 
    of any deficiency in the application pursuant to this section.
        (c) Condition. Vessel operators who apply for an operator's permit 
    under this section must agree as a condition of this permit that the 
    operator and vessel's fishing, catch, and pertinent gear (without 
    regard to whether such fishing occurs in the EEZ or landward of the 
    EEZ, and without regard to where 
    
    [[Page 65625]]
    such fish or gear are possessed, taken, or landed), are subject to all 
    requirements of this part while fishing in the EEZ or on board a vessel 
    permitted under Sec. 655.4. The vessel and all such fishing, catch, and 
    gear will remain subject to all applicable state or local requirements. 
    Further, such operators must agree as a condition of this permit that, 
    if the permit is suspended or revoked pursuant to 15 CFR part 904, the 
    operator cannot be on board any fishing vessel issued a Federal 
    Fisheries Permit or any vessel subject to Federal fishing regulations 
    while the vessel is at sea or engaged in offloading. If a requirement 
    of this part and a management measure required by state or local law 
    differ, any operator issued a permit under this part must comply with 
    the more restrictive requirement.
        (d) Information requirements. An applicant must provide at least 
    all the following information and any other information required by the 
    Regional Director: Name, mailing address, and telephone number; date of 
    birth; hair color; eye color; height; weight; social security number 
    (optional); and signature of the applicant. The applicant must also 
    provide two recent (no more than 1 year old) color passport-size 
    photographs.
        (e) Fees. The Regional Director may charge a fee to recover the 
    administrative expense of issuing a permit required under this section. 
    The amount of the fee is calculated in accordance with the procedures 
    of the NOAA Finance Handbook for determining the administrative costs 
    of each special product or service. The fee may not exceed such costs 
    and is specified on each application form. The appropriate fee must 
    accompany each application; if it does not, the application will be 
    considered incomplete for purposes of paragraph (f) of this section. 
    Any fee paid by an insufficiently funded commercial instrument shall 
    render any permit issued on the basis thereof null and void.
        (f) Issuance. Except as provided in subpart D of 15 CFR part 904, 
    the Regional Director shall issue an operator's permit within 30 days 
    of receipt of a completed application if the criteria specified herein 
    are met. Upon receipt of an incomplete or improperly executed 
    application, the Regional Director will notify the applicant of the 
    deficiency in the application. If the applicant fails to correct the 
    deficiency within 30 days following the date of notification, the 
    application will be deemed abandoned.
        (g) Expiration. A Federal operator permit will expire upon the 
    renewal date specified in the permit.
        (h) Duration. A permit is valid until it is revoked, suspended or 
    modified under 15 CFR part 904, or otherwise expires, or the applicant 
    has failed to report a change in the information on the permit 
    application to the Regional Director as specified in paragraph (k) of 
    this section.
        (i) Replacement. Replacement permits, for otherwise valid permits, 
    may be issued by the Regional Director when requested in writing by the 
    applicant, stating the need for replacement and the Federal operator 
    permit number assigned. An applicant for a replacement permit must also 
    provide two recent color passport-size photos of the applicant. An 
    application for a replacement permit will not be considered a new 
    application. An appropriate fee may be charged.
        (j) Transfer. Permits issued under this section are not 
    transferable or assignable. A permit is valid only for the person to 
    whom it is issued.
        (k) Change in application information. Notice of a change in the 
    permit holder's name, address, or telephone number must be submitted in 
    writing to, and received by, the Regional Director within 15 days of 
    the change in information. If written notice of the change in 
    information is not received by the Regional Director within 15 days, 
    the permit is void.
        (l) Alteration. Any permit that has been altered, erased, or 
    mutilated is invalid.
        (m) Display. Any permit issued under this part must be maintained 
    in legible condition and displayed for inspection upon request by any 
    authorized officer.
        (n) Sanctions. Vessel operators with suspended or revoked permits 
    may not be on board a federally permitted fishing vessel in any 
    capacity while the vessel is at sea or engaged in offloading. 
    Procedures governing enforcement related permit sanctions and denials 
    are found at subpart D of 15 CFR part 904.
        (o) Vessel owner responsibility. Vessel owners are responsible for 
    ensuring that their vessels are operated by an individual with a valid 
    operator's permit issued under this section.
    
    
    Sec. 655.6  Dealer permit.
    
        (a) General. All dealers must have a valid permit issued under this 
    part in their possession.
        (b) Dealer application. Applicants for a permit under this section 
    must submit a completed application on an appropriate form provided by 
    the Regional Director. The application must be signed by the applicant 
    and submitted to the Regional Director at least 30 days before the date 
    upon which the applicant desires to have the permit made effective. The 
    Regional Director will notify the applicant of any deficiency in the 
    application pursuant to this section.
        (c) Information requirements. Applications must contain at least 
    the following information and any other information required by the 
    Regional Director: Company name, place(s) of business, mailing 
    address(es) and telephone number(s), owner's name; dealer permit number 
    (if a renewal); and name and signature of the person responsible for 
    the truth and accuracy of the report. If the dealer is a corporation, a 
    copy of the Certificate of Incorporation must be included with the 
    application. If the dealer is a partnership, a copy of the Partnership 
    Agreement and the names and addresses of all partners must be included 
    with the application.
        (d) Fees. The Regional Director may charge a fee to recover the 
    administrative expense of issuing a permit required under this section. 
    The amount of the fee is calculated in accordance with the procedures 
    of the NOAA Finance Handbook for determining the administrative costs 
    of each special product or service. The fee may not exceed such costs 
    and is specified with each application form. The appropriate fee must 
    accompany each application; if it does not, the application will be 
    considered incomplete for purposes of paragraph (e) of this section. 
    Any fee paid by an insufficiently funded commercial instrument shall 
    render any permit issued on the basis thereof null and void.
        (e) Issuance. Except as provided in subpart D of 15 CFR part 904, 
    the Regional Director will issue a permit at any time during the 
    fishing year to an applicant unless the applicant has failed to submit 
    a completed application. An application is complete when all requested 
    forms, information, and documentation have been received and the 
    applicant has submitted all applicable reports specified in 
    Sec. 655.7(a). Upon receipt of an incomplete or improperly executed 
    application, the Regional Director will notify the applicant of the 
    deficiency in the application. If the applicant fails to correct the 
    deficiency within 30 days following the date of notification, the 
    application will be considered abandoned.
        (f) Expiration. A permit will expire upon the renewal date 
    specified in the permit.
        (g) Duration. A permit is valid until it is revoked, suspended, or 
    modified 
    
    [[Page 65626]]
    under 15 CFR part 904, or otherwise expires, or ownership changes, or 
    the applicant has failed to report any change in the information on the 
    permit application to the Regional Director as required by paragraph 
    (j) of this section.
        (h) Replacement. Replacement permits, for otherwise valid permits, 
    may be issued by the Regional Director when requested in writing by the 
    applicant, stating the need for replacement and the Federal dealer 
    permit number assigned. An application for a replacement permit will 
    not be considered a new application. An appropriate fee may be charged.
        (i) Transfer. Permits issued under this part are not transferable 
    or assignable. A permit is valid only for the person to whom, or other 
    business entity to which, it is issued.
        (j) Change in application information. Within 15 days after a 
    change in the information contained in an application submitted under 
    this section, a written report of the change must be submitted to, and 
    received by, the Regional Director. If written notice of the change in 
    information is not received by the Regional Director within 15 days, 
    the permit is void.
        (k) Alteration. Any permit that has been altered, erased, or 
    mutilated is invalid.
        (l) Display. Any permit, or a valid duplicate thereof, issued under 
    this part must be maintained in legible condition and displayed for 
    inspection upon request by any authorized officer.
        (m) Federal versus state requirements. If a requirement of this 
    part differs from a fisheries management measure required by state law, 
    any dealer issued a Federal dealer permit must comply with the more 
    restrictive requirement.
        (n) Sanctions. Procedures governing enforcement-related permit 
    sanctions and denials are found at subpart D of 15 CFR part 904.
    
    
    Sec. 655.7  Recordkeeping and reporting requirements.
    
        (a) Dealers--(1) Weekly report. Dealers must send by mail, to the 
    Regional Director or official designee, on a weekly basis, on forms 
    supplied by or approved by the Regional Director, a report of fish 
    purchases. If authorized in writing by the Regional Director, dealers 
    may submit reports electronically or through other media. The following 
    information and any other information required by the Regional Director 
    must be provided in the report: Name and mailing address of dealer; 
    dealer number; name and permit number of the vessels from which fish 
    are landed or received; dates of purchases; pounds by species; price by 
    species; and port landed. If no fish are purchased during the week, a 
    report so stating must be submitted. All report forms must be signed by 
    the dealer or other authorized individual.
        (2) Annual report. All persons required to submit reports under 
    paragraph (a)(1) of this section are required to complete the 
    ``Employment Data'' section of the Annual Processed Products Reports; 
    completion of the other sections on that form is voluntary. Reports 
    must be submitted to the address supplied by the Regional Director.
        (3) Inspection. Upon the request of an authorized officer, or by an 
    employee of NMFS designated by the Regional Director to make such 
    inspections, the dealer must make immediately available for inspection 
    copies of the required reports that have been submitted, or should have 
    been submitted, and the records upon which the reports were based.
        (4) Record retention. Copies of reports, and records upon which the 
    reports were based, must be retained and be available for review for 1 
    year after the date of the last entry on the report. The dealer must 
    retain such reports and records at its principal place of business.
        (5) Submitting reports. Reports must be received, or postmarked if 
    mailed, within 3 days after the end of each reporting week. Each dealer 
    will be sent forms and instructions, including the address to which to 
    submit reports, shortly after receipt of a dealer permit.
        (6) At-sea activities. All persons purchasing, receiving, or 
    processing any mackerel, squid, or butterfish at sea for landing at any 
    port of the United States must submit information identical to that 
    required by paragraphs (a) (1) and (2) of this section and provide 
    those reports to the Regional Director or designee on the same 
    frequency basis.
        (b) Vessel owners--(1) Fishing log reports. The owner of any vessel 
    issued a Federal Atlantic mackerel, Loligo squid, butterfish or Illex 
    squid permit under Sec. 655.4 must maintain on board the vessel, and 
    submit, an accurate daily fishing log report for all fishing trips, 
    regardless of species fished for or taken, on forms supplied by or 
    approved by the Regional Director. If authorized in writing by the 
    Regional Director, vessel owners may submit reports electronically. At 
    least the following information, and any other information required by 
    the Regional Director, must be provided: Vessel name, U.S. Coast Guard 
    (USCG) documentation number (or state registration number if 
    undocumented); permit number; date/time sailed; date/time landed; trip 
    type; number of crew; number of anglers (if a charter or party boat); 
    gear fished; quantity and size of gear; mesh/ring size; chart area 
    fished; average depth; latitude/longitude (or loran station and 
    bearings); total hauls per area fished; average tow time duration; 
    pounds by species of all species landed or discarded; dealer permit 
    number; dealer name; date sold; port and state landed; and vessel 
    operator's name, signature, and operator permit number.
        (2) When to fill in the log. Fishing log reports must be filled in, 
    except for information required but not yet ascertainable, before 
    offloading has begun. All information in paragraph (b)(1) of this 
    section must be filled in for each fishing trip before starting the 
    next fishing trip.
        (3) Inspection. Upon the request of an authorized officer, or an 
    employee of NMFS designated by the Regional Director to make such 
    inspections, at any time during or after a trip, owners and operators 
    must make immediately available for inspection the fishing log reports 
    currently in use, or to be submitted.
        (4) Record retention. Copies of the fishing log reports must be 
    retained and available for review for 1 year after the date of the last 
    entry on the report.
        (5) Submitting reports. Fishing log reports must be received or 
    postmarked, if mailed, within 15 days after the end of the reporting 
    month. Each owner will be sent forms and instructions, including the 
    address to which to submit reports, shortly after receipt of a Federal 
    Fisheries Permit. If no fishing trip is made during a month, a report 
    so stating must be submitted.
    
    
    Sec. 655.8  Vessel identification.
    
        (a) Vessel name. Each fishing vessel owner subject to this part and 
    over 25 ft (7.6 m) in length must affix permanently its name on the 
    port and starboard sides of the bow and, if possible, on its stern.
        (b) Official number. Each fishing vessel owner subject to this 
    section and over 25 ft (7.6 m) in length must display its official 
    number on the port and starboard sides of its deckhouse or hull, and on 
    an appropriate weather deck, so as to be visible from above by 
    enforcement vessels and aircraft. The official number is the U.S. Coast 
    Guard documentation number, or the vessel's state registration number 
    for vessels not required to be documented under title 46 of U.S.C.
        (c) Numerals. Except as provided in paragraph (e) of this section, 
    the official number must be permanently affixed in block arabic 
    numerals in contrasting color at least 18 inches (45.7 cm) in 
    
    [[Page 65627]]
    height for vessels over 65 ft (19.8 m) in length, and at least 10 
    inches (25.4 cm) in height for all other vessels over 25 ft (7.6 m) in 
    length.
        (d) Duties of owner. Any vessel owner subject to this part will:
        (1) Keep the vessel's name and official number clearly legible and 
    in good repair; and
        (2) Ensure that no part of the vessel, its rigging, its fishing 
    gear, or any other object obstructs the view of the official number 
    from any enforcement vessel or aircraft.
        (e) Nonpermanent marking. Vessels carrying recreational fishing 
    parties on a per capita basis or by charter must use markings that meet 
    the above requirements, except for the requirement that they be affixed 
    permanently to the vessel. The nonpermanent markings must be displayed 
    in conformity with the above requirements when the vessel is fishing 
    for Atlantic mackerel, squid, or butterfish.
    
    
    Sec. 655.9  Prohibitions.
    
        (a) In addition to the general prohibitions specified in Sec. 620.7 
    of this chapter, it is unlawful for any person owning or operating a 
    vessel issued a valid Federal Atlantic mackerel, squid, or butterfish 
    permit under Sec. 655.4, or issued an operator permit under Sec. 655.5, 
    to do any of the following:
        (1) Possess more than the incidental catch allowance of squid, or 
    butterfish unless issued a moratorium permit pursuant to Sec. 655.4(b).
        (2) Use any vessel for taking, catching, harvesting, or landing of 
    any Atlantic mackerel, squid, or butterfish, except as provided in 
    Sec. 655.4(a), unless the vessel has on board a valid permit issued 
    under Sec. 655.4.
        (3) Fail to report to the Regional Director within 15 days any 
    change in the information contained in the permit application for a 
    vessel, as specified in Sec. 655.4(m).
        (4) Falsify or fail to affix and maintain vessel markings as 
    required by Sec. 655.8.
        (5) Take, retain, or land Atlantic mackerel, squid, or butterfish 
    in excess of the trip allowance specified under Sec. 655.23.
        (6) Take, retain, or land Atlantic mackerel, squid, or butterfish 
    after a total closure specified under Sec. 655.23.
        (7) Make any false statement, written or oral, to an authorized 
    officer, concerning the taking, catching, landing, purchase, sale, or 
    transfer of any mackerel, squid, or butterfish.
        (8) Fish with or possess nets or netting that do not meet the 
    minimum mesh requirement for Loligo specified in Sec. 655.25(a) or that 
    are modified, obstructed, or constricted, if subject to the minimum 
    mesh requirement, unless the nets or netting are stowed in accordance 
    with Sec. 655.25(b) or the vessel is fishing under an exemption 
    specified in Sec. 655.25(a).
        (9) Sell or transfer Atlantic mackerel, squid, or butterfish to 
    another person for a commercial purpose, other than transport, unless 
    that person has a dealer permit issued under Sec. 655.6.
        (10) Falsify information in order to qualify a vessel for a 
    moratorium permit pursuant to Sec. 655.4(b).
        (11) Transfer squid, or butterfish at sea to another vessel unless 
    that other vessel is issued a valid moratorium permit issued pursuant 
    to Sec. 655.4(b) or a letter of authorization issued by the Regional 
    Director.
        (12) Fail to comply with any measures implemented pursuant to 
    Sec. 655.22.
        (13) Refuse to embark a sea sampler if requested by the Regional 
    Director.
        (14) Assault, resist, oppose, impede, harass, intimidate, or 
    interfere with or bar by command, impediment, threat, coercion or 
    refusal of reasonable assistance an observer or sea sampler conducting 
    his or her duties aboard a vessel.
        (15) Fail to affix and maintain markings as required by Sec. 655.8.
        (16) Carry passengers for hire while fishing commercially under a 
    permit issued pursuant to Sec. 655.4 (b), (c), or (d).
        (17) Fail to carry on board a letter of authorization if fishing in 
    an experimental fishery pursuant to Sec. 655.30.
        (18) Employ an operator on board a vessel who has not been issued 
    an operator permit that meets the requirements of Sec. 655.5.
        (b) It is unlawful for the owner and operator of a party or charter 
    boat issued a permit (including a moratorium permit) pursuant to 
    Sec. 655.4, when the boat is carrying passengers for hire, to do any of 
    the following:
        (1) Violate any recreational fishing measures established pursuant 
    to Sec. 655.22(d)
        (2) Sell or transfer Atlantic mackerel, squid, or butterfish to 
    another person for a commercial purpose.
        (3) Refuse to embark a sea sampler if requested by the Regional 
    Director.
        (c) It is unlawful for any person to do any of the following:
        (1) Possess in or harvest from the EEZ Atlantic mackerel, squid, or 
    butterfish, except as provided in Sec. 655.4(a), unless the person is 
    operating a vessel issued a permit pursuant to Sec. 655.4, and the 
    permit is on board the vessel, and has not been surrendered, revoked, 
    or suspended.
        (2) Possess nets or netting with mesh not meeting the minimum size 
    requirement of Sec. 655.25 that does not meet the net stowage 
    provisions of Sec. 655.25, if the person possesses Loligo squid 
    harvested in or from the EEZ.
        (3) If subject to the permitting requirements in Sec. 655.4, 
    Sec. 655.5, or Sec. 655.6, to offload, to cause to be offloaded, sell 
    or buy, whether on land or at sea, as an owner, operator, dealer, 
    buyer, or receiver, without accurately and completely preparing and 
    submitting in a timely fashion the documents required by Sec. 655.7.
        (4) Transfer squid or butterfish within the EEZ, unless the vessels 
    participating in the transfer are issued valid moratorium permits 
    pursuant to Sec. 655.4(b) or valid letters of authorization pursuant to 
    Sec. 655.29.
        (5) Purchase or otherwise receive, except for transport, Atlantic 
    mackerel, squid, or butterfish from the owner or operator of a vessel 
    issued a permit pursuant to Sec. 655.4, unless in possession of a valid 
    permit issued under Sec. 655.6.
        (6) Purchase or otherwise receive for a commercial purpose, 
    Atlantic mackerel, squid, or butterfish caught by other than a vessel 
    issued a permit pursuant to Sec. 655.4, unless the vessel has not been 
    issued a permit under this part and is fishing exclusively within the 
    waters under the jurisdiction of any state.
        (7) Make any false statements, oral or written, to an authorized 
    officer concerning the catching, taking, harvesting, landing, purchase, 
    sale, possession, or transfer of any Atlantic mackerel, squid, or 
    butterfish.
        (8) Fail to report to the Regional Director within 15 days any 
    change in information contained in the permit application.
        (9) Assault, resist, impede, oppose, harass, intimidate, or 
    interfere with or bar by command, impediment, threat, coercion, or 
    refusal of reasonable assistance to an observer or sea sampler 
    conducting his or her duties aboard a vessel.
        (10) Operate a vessel fishing for Atlantic mackerel, squid, or 
    butterfish within the EEZ, unless issued an operator permit that meets 
    the requirements of Sec. 655.5.
        (11) Violate any other provisions of this part, the Magnuson Act, 
    or any regulation or permit issued under the Magnuson Act.
        (d) All Atlantic mackerel and butterfish possessed on board a party 
    or charter boat issued a permit under Sec. 655.4 are deemed to have 
    been harvested from the EEZ.
        (e) It is unlawful for any person to violate any terms of a letter 
    authorizing experimental fishing pursuant to 
    
    [[Page 65628]]
    Sec. 655.30 or to fail to keep such letter on board the vessel during 
    the period of the experiment.
    
    
    Sec. 655.10  Facilitation of enforcement.
    
        See Sec. 620.8 of this chapter.
    
    
    Sec. 655.11  Penalties.
    
        See Sec. 620.9 of this chapter.
    
    Subpart B--Management Measures
    
    
    Sec. 655.20  Fishing year.
    
        The fishing year is the 12-month period beginning on January 1 and 
    ending on December 31.
    
    
    Sec. 655.21  Maximum optimum yields.
    
        The optimum yields (OYs) specified pursuant to Sec. 655.22 during a 
    fishing year may not exceed the following amounts:
        (a) Atlantic mackerel: That quantity of mackerel that is less than 
    or equal to ABC specified pursuant to Sec. 655.22;
        (b) Loligo squid: 36,000 mt (79,362,000 lb);
        (c) Illex squid: 30,000 mt (66,135,000 lb); and
        (d) Butterfish: 16,000 mt (35,272,000 lb).
    
    
    Sec. 655.22  Procedures for determining initial annual amounts.
    
        (a) Initial annual specifications. The Atlantic Mackerel, Squid, 
    and Butterfish Monitoring Committee (Monitoring Committee) will meet 
    annually to develop specifications regarding:
        (1) The initial optimum yield (IOY), domestic annual harvest (DAH), 
    and domestic annual processing (DAP) for the squids;
        (2) The IOY, DAH, DAP and bycatch level of the total allowable 
    level of foreign fishing (TALFF), if any, for butterfish; and
        (3) The IOY, DAH, DAP, joint venture processing (JVP), if any, and 
    TALFF, if any, for Atlantic mackerel.
        (4) The Monitoring Committee will recommend these specifications to 
    the Mackerel, Squid, and Butterfish Committee (Committee) of the 
    Council. As a basis for establishing these specifications and 
    restrictions, the Monitoring Committee will review available data 
    pertaining to the following:
        (i) Commercial and recreational landings;
        (ii) Current estimates of fishing mortality;
        (iii) Stock status;
        (iv) The most recent estimates of recruitment;
        (v) Virtual population analysis results;
        (vi) Levels of noncompliance by harvesters or individual states;
        (vii) Impact of size/mesh regulations;
        (viii) The results of a survey of domestic processors and joint 
    venture operators of estimated Atlantic mackerel processing capacity 
    and intent to use that capacity (approved by the Office of Management 
    and Budget under OMB control number 0648-0114);
        (ix) The results of a survey of fishermen's trade associations of 
    estimated Atlantic mackerel harvesting capacity and intent to use that 
    capacity (approved by the Office of Management and Budget under OMB 
    control number 0648-0114);
        (x) Any other relevant information.
        (b) Guidelines. The specifications determined pursuant to paragraph 
    (a) by the Monitoring Committee will be consistent with the following 
    guidelines:
        (1) Squid. (i) The most recent biological data, including data on 
    discards, will be reviewed annually under the procedures specified in 
    paragraph (a) of this section. ABC for any fishing year is either the 
    maximum OY specified in Sec. 655.21, or a lower amount if stock 
    assessments indicate that the potential yield is less than the maximum 
    OY.
        (ii) IOY is a modification of ABC based on social and economic 
    factors.
        (2) Atlantic mackerel. (i) Atlantic mackerel ABC is derived using 
    the following terms: C = Estimated mackerel catch in Canadian waters 
    for the upcoming fishing year; S = Mackerel spawning-stock size at the 
    beginning of the upcoming fishing year for which catch estimates and 
    quotas are being specified; and LTPC = Long term potential catch as 
    estimated by the Northeast Fisheries Science Center (NEFSC).
        (ii) ABC for the upcoming fishing year must be set at a level to 
    maintain a minimum value for S of 900,000 mt (1,984,050,000 lb) and 
    cannot exceed LTPC minus C.
        (iii) IOY is less than or equal to ABC and represents a 
    modification of ABC, based on social and economic factors.
        (iv) IOY is composed of DAH and TALFF. DAH, DAP and JVP are 
    projected by reviewing data from sources specified in this paragraph 
    (a) and other relevant data including past domestic landings, projected 
    amounts of mackerel necessary for domestic processing and for joint 
    ventures during the fishing year, projected recreational landings, and 
    other data pertinent for such a projection. The JVP component of DAH is 
    the portion of DAH that domestic processors either cannot or will not 
    use. In addition, IOY is based on such criteria as contained in the 
    Magnuson Act, specifically section 201(e), and the application of the 
    following economic factors:
        (A) Total world export potential by mackerel producing countries;
        (B) Total world import demand by mackerel consuming countries;
        (C) U.S. export potential based on expected U.S. harvests, expected 
    U.S. consumption, relative prices, exchange rates, and foreign trade 
    barriers;
        (D) Increased/decreased revenues to the U.S. from foreign fees;
        (E) Increased/decreased revenues to U.S. harvesters (with/without 
    joint ventures);
        (F) Increased/decreased revenues to U.S. processors and exporters;
        (G) Increases/decreases in U.S. harvesting productivity due to 
    decreases/increases in foreign harvest;
        (H) Increases/decreases in U.S. processing productivity; and
        (I) Potential impact of increased/decreased TALFF on foreign 
    purchases of U.S. products and services and U.S.-caught fish, changes 
    in trade barriers, technology transfer, and other considerations.
        (v) The Council may also recommend that certain ratios of TALFF to 
    purchases of domestic harvested fish and/or domestic processed fish be 
    established in relation to the initial annual amounts.
        (3) Butterfish. (i) The most recent biological data, including data 
    on discards, will be reviewed annually under the procedures specified 
    in paragraph (a) of this section. If this review indicates that the 
    stock cannot support a level of harvest equal to the maximum OY, the 
    Council will recommend establishing an ABC less than the maximum OY for 
    the fishing year. This level represents the modification of maximum OY 
    to reflect biological and ecological factors. If the stock is able to 
    support a harvest level equivalent to the maximum OY, the ABC is to be 
    set at that level.
        (ii) IOY is a modification of ABC based on social and economic 
    factors. The IOY is composed of a DAH and bycatch TALFF which is equal 
    to 0.08 percent of the allocated portion of the Atlantic mackerel 
    TALFF.
        (c) Adjustments. The specifications established pursuant to this 
    section may be adjusted by the Regional Director, in consultation with 
    the Council, during the fishing year by publishing a notification in 
    the Federal Register stating the reasons for such an action with a 30-
    day comment period.
        (d) Recommended measures. Based on the review of the data described 
    in paragraph (a) of this section, the Monitoring Committee will 
    recommend to the Committee the following 
    
    [[Page 65629]]
    measures it determines are necessary to assure that the specifications 
    are not exceeded:
        (1) Commercial quotas;
        (2) The amount of Loligo squid, Illex squid, and butterfish which 
    may be retained, possessed and landed by vessels issued the incidental 
    catch permit specified in Sec. 655.4(c);
        (3) Commercial minimum fish sizes;
        (4) Commercial trip limits;
        (5) Commercial seasonal quotas;
        (6) Minimum mesh sizes;
        (7) Commercial gear restrictions;
        (8) Recreational harvest limit;
        (9) Recreational minimum fish size;
        (10) Recreational possession limits;
        (11) Recreational season.
        (e) Annual fishing measures. (1) The Committee shall review the 
    recommendations of the Monitoring Committee. Based on these 
    recommendations and any public comment, the Committee shall make its 
    recommendations to the Council with respect to the specifications and 
    any other measures necessary to assure that the specifications are not 
    exceeded. The Council shall review these recommendations. Based on 
    these recommendations, and any public comment, the Council shall make 
    recommendations to the Regional Director. Included in the 
    recommendation will be supporting documents, as appropriate, concerning 
    the environmental, economic, and social impacts of the proposed action. 
    The Regional Director will review these recommendations, and on or 
    about November 1 of each year, will publish a notification in the 
    Federal Register of proposed specifications and any other measures 
    necessary to assure that the specifications are not exceeded. If the 
    specifications differ from those recommended by the Council, the 
    reasons for any differences must be clearly stated and the revised 
    specifications must satisfy the criteria set forth in this section. The 
    Federal Register notification of proposed specifications will provide 
    for a 30-day public comment period.
        (2) The Council's recommendations will be available in aggregate 
    form for inspection at the office of the Regional Director during the 
    public comment period.
        (3) On or about December 15 of each year, the Secretary will make a 
    final determination concerning the specifications for each species and 
    the other measures contained in the notification of proposed 
    specifications. After the Secretary considers all relevant data and any 
    public comments, a notification of final specifications and response to 
    public comments will be published in the Federal Register. If the final 
    amounts differ from those recommended by the Council, the reason(s) for 
    the difference(s) must clearly be stated and the revised specifications 
    must be consistent with the guidelines set forth in paragraph (b) of 
    this section.
    
    
    Sec. 655.23  Closure of the fishery.
    
        (a) General. The Secretary shall close the directed Atlantic 
    mackerel, Illex squid, Loligo squid, or butterfish fishery in the EEZ 
    when U.S. fishermen have harvested 80 percent of the DAH, if such 
    closure is necessary to prevent the DAH from being exceeded. The 
    closure will be in effect for the remainder of the fishing year, with 
    incidental catches allowed as specified in paragraph (c) of this 
    section, until the entire DAH is attained. When the Regional Director 
    projects that DAH will be attained for any of the species, the 
    Secretary shall close the fishery in the EEZ to all fishing for that 
    species, and the incidental catches specified in paragraph (c) of this 
    section will be prohibited.
        (b) Notification. The Secretary will take the following actions if 
    it is determined that a closure is necessary:
        (1) Notify, in advance, the Executive Directors of the Mid- 
    Atlantic, New England, and South Atlantic Councils;
        (2) Mail notifications of the closure to all holders of permits 
    issued under Secs. 655.4, 655.5 and 655.6 at least 72 hours before the 
    effective date of the closure;
        (3) Provide for adequate notification of the closure to 
    recreational participants in the fishery; and
        (4) Publish a notification of closure in the Federal Register.
        (c) Incidental catches. During a period of closure of the directed 
    fishery, the trip limit for the species for which the fishery is closed 
    is 10 percent by weight of the total amount of fish on board for 
    vessels with Loligo/butterfish moratorium permits, Illex moratorium 
    permits or mackerel commercial permits. During a period of closure of 
    the directed fishery, the trip limit for the species for which the 
    fishery is closed is either 10 percent by weight of the total amount of 
    fish on board, or the allowed level of incidental catch specified in 
    Sec. 655.4(c)(1), whichever is less.
    
    
    Sec. 655.24  0Time and area restrictions for directed foreign fishing.
    
        Foreign fishing is regulated under the provisions specified in 
    Sec. 611.50(b)(2).
    
    
    Sec. 655.25  Gear restrictions.
    
        (a) Mesh restriction and exemptions. Owners or operators of otter 
    trawl vessels possessing Loligo squid harvested in or from the EEZ may 
    only fish with nets having a minimum mesh size of 1\7/8\ inches (48 mm) 
    diamond mesh, inside stretch measure, applied throughout the entire 
    net. There are two exemptions to this requirement:
        (1) During the months of June, July, August, and September, otter 
    trawl vessels fishing for Illex seaward of the following coordinates 
    (see Figure 1 to part 655):
    
    ------------------------------------------------------------------------
                  Point                    Latitude            Longitude    
    ------------------------------------------------------------------------
                                                                            
    Point M1........................  43 deg.58.0' N.     67 deg.22.0' W.   
    Point M2........................  43 deg.50.0' N.     68 deg.35.0' W.   
    Point M3........................  43 deg.30.0' N.     69 deg.40.0' W.   
    Point M4........................  43 deg.20.0' N.     70 deg.00.0' W.   
    Point M5........................  42 deg.45.0' N.     70 deg.10.0' W.   
    Point M6........................  42 deg.13.0' N.     69 deg.55.0' W.   
    Point M7........................  41 deg.00.0' N.     69 deg.00.0' W.   
    Point M8........................  41 deg.45.0' N.     68 deg.15.0' W.   
    Point M9........................  42 deg.10.0' N.     67 deg.10.0' W.   
    Point M10.......................  41 deg.18.6' N.     66 deg.24.8' W.   
    Point M11.......................  40 deg.55.5' N.     66 deg.38.0' W.   
    Point M12.......................  40 deg.45.5' N.     68 deg.00.0' W.   
    Point M13.......................  40 deg.37.0' N.     68 deg.00.0' W.   
    Point M14.......................  40 deg.30.0' N.     69 deg.00.0' W.   
    Point M15.......................  40 deg.22.7' N.     69 deg.00.0' W.   
    Point M16.......................  40 deg.18.7' N.     69 deg.40.0' W.   
    Point M17.......................  40 deg.21.0' N.     71 deg.03.0' W.   
    Point M18.......................  39 deg.41.0' N.     72 deg.32.0' W.   
    Point M19.......................  38 deg.47.0' N.     73 deg.11.0' W.   
    Point M20.......................  38 deg.04.0' N.     74 deg.06.0' W.   
    Point M21.......................  37 deg.08.0' N.     74 deg.46.0' W.   
    Point M22.......................  36 deg.00.0' N.     74 deg.52.0' W.   
    Point M23.......................  35 deg.45.0' N.     74 deg.53.0' W.   
    Point M24.......................  35 deg.28.0' N.     74 deg.52.0' W.   
    ------------------------------------------------------------------------
    
    Vessels fishing under this exemption may not have available for 
    immediate use, as described in paragraph (b) of this section, any net 
    with mesh size less than 1\7/8\ inches (48 mm) diamond mesh when the 
    vessel is landward of the specified coordinates.
        (2) Vessels participating in the directed fishery for sea herring, 
    provided that their catch comprises 75 percent or more by weight of sea 
    herring.
        (b) Net stowage requirements. Otter trawl vessels possessing Loligo 
    squid that are subject to the minimum mesh size may not have 
    ``available for immediate use'' any net, or any piece of net, not 
    meeting the minimum mesh size requirement, or any net, or any piece of 
    net, with mesh that is rigged in a manner that is inconsistent with the 
    minimum mesh size. A net that conforms to one of the following 
    specifications and that can be shown not to have been in recent use, is 
    considered not to be ``available for immediate use'':
        (1) A net stowed below deck, provided: 
        
    [[Page 65630]]
    
        (i) it is located below the main working deck from which the net is 
    deployed and retrieved;
        (ii) the towing wires, including the leg wires, are detached from 
    the net; and
        (iii) it is fan-folded (flaked) and bound around its circumference; 
    or
        (2) A net stowed and lashed down on deck, provided:
        (i) it is fan-folded (flaked) and bound around its circumference;
        (ii) it is securely fastened to the deck or rail of the vessel; and
        (iii) the towing wires, including the leg wires, are detached from 
    the net; or
        (3) A net that is on a reel and is covered and secured, provided:
        (i) the entire surface of the net is covered with canvas or other 
    similar material that is securely bound;
        (ii) the towing wires, including the leg wires, are detached from 
    the net; and
        (iii) the codend is removed from the net and stored below deck; or
        (4) Nets that are secured in a manner authorized in writing by the 
    Regional Director and published in the Federal Register.
        (c) Mesh obstruction or constriction. Any combination of mesh or 
    liners that effectively decreases the mesh below the minimum size is 
    prohibited, except that a liner may be used to close the opening 
    created by the rings in the rearmost portion of the net, provided the 
    liner extends no more than 10 meshes forward of the rearmost portion of 
    the net.
        (d) Net obstruction or constriction. The owner or operator of a 
    fishing vessel shall not use any device, gear, or material, including, 
    but not limited to, nets, net strengtheners, ropes, lines, or chafing 
    gear, on the top of the regulated portion of a trawl net that results 
    in an effective mesh opening of less than 1\7/8\ inches (48 mm) mesh 
    (inside stretch measure); net strengtheners (covers), splitting straps 
    and/or bull ropes or wire may be used, provided they do not constrict 
    the top of the regulated portion of the net to less than effective 1\7/
    8\ inches (48 mm) mesh (inside stretch measure). ``Top of the regulated 
    portion of the net'' means the 50 percent of the entire regulated 
    portion of the net which (in a hypothetical situation) would not be in 
    contact with the ocean bottom during a tow if the regulated portion of 
    the net were laid flat on the ocean floor. For the purpose of this 
    paragraph, head ropes shall not be considered part of the top of the 
    regulated portion of a trawl net. Net strengtheners (covers) may not 
    have a mesh less than effective 4.5-inch (11.43-cm) mesh (inside 
    stretch measure).
    
    
    Sec. 655.26  Minimum fish sizes. [Reserved]
    
    
    Sec. 655.27  Possession limits. [Reserved]
    
    
    Sec. 655.28  At-sea observer coverage.
    
        (a) The Regional Director may require observers for any vessel 
    holding a permit issued under Sec. 655.4.
        (b) Owners of vessels selected for observer coverage must notify 
    the appropriate Regional or Center Director, as specified by the 
    Regional Director, before commencing any fishing trip that may result 
    in the harvest of Atlantic mackerel, Loligo squid, Illex squid, or 
    butterfish. Notification procedures will be specified in selection 
    letters to vessel owners.
        (c) An owner or operator of a vessel on which a NMFS-approved 
    observer is embarked must:
        (1) Provide accommodations and food that are equivalent to those 
    provided to the crew;
        (2) Allow the observer access to and use of the vessel's 
    communications equipment and personnel upon request for the 
    transmission and receipt of messages related to the observer's duties;
        (3) Allow the observer access to and use of the vessel's navigation 
    equipment and personnel upon request to determine the vessel's 
    position;
        (4) Allow the observer free and unobstructed access to the vessel's 
    bridge, working decks, holding bins, weight scales, holds, and any 
    other space used to hold, process, weigh, or store fish; and
        (5) Allow the observer to inspect and copy any records associated 
    with the catch and distribution of fish for that trip.
    
    
    Sec. 655.29  Transfer-at-sea.
    
        Only vessels issued a moratorium permit under Sec. 655.4(b) may 
    transfer Loligo, Illex, or butterfish at sea. Unless authorized in 
    writing by the Regional Director, vessels issued an incidental catch 
    permit under 655.4(c) are prohibited from transferring or attempting to 
    transfer Illex, Loligo, or butterfish from one vessel to another 
    vessel.
    
    
    Sec. 655.30  Experimental fishery.
    
        (a) The Regional Director, in consultation with the Executive 
    Director of the Council, may exempt any person or vessel from the 
    requirements of this part for the conduct of experimental fishing 
    beneficial to the management of the Atlantic mackerel, squid, or 
    butterfish resource or fishery.
        (b) The Regional Director may not grant such exemption unless he/
    she determines that the purpose, design, and administration of the 
    exemption is consistent with the objectives of the FMP, the provisions 
    of the Magnuson Act, and other applicable law, and that granting the 
    exemption will not:
        (1) Have a detrimental effect on the Atlantic mackerel, squid, or 
    butterfish resource and fishery; or
        (2) Cause any quota to be exceeded; or
        (3) Create significant enforcement problems.
        (c) Each vessel participating in any exempted experimental fishing 
    activity is subject to all provisions of this FMP except those 
    necessarily relating to the purpose and nature of the exemption. The 
    exemption will be specified in a letter issued by the Regional Director 
    to each vessel participating in the exempted activity. This letter must 
    be carried on board the vessel seeking the benefit of such exemption.
        4. Figure 1 to part 655 is added to read as follows:
    
    BILLING CODE 3510-22-P
    
    [[Page 65631]]
    
    
    Figure 1 to Part 655--Exemption line to minimum net mesh-size 
    requirement for Loligo squid
    [GRAPHIC][TIFF OMITTED]TP20DE95.000
    
    
    [FR Doc. 95-30821 Filed 12-15-95; 11:27 am]
    BILLING CODE 3510-22-C
    
    

Document Information

Published:
12/20/1995
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Proposed Rule
Action:
Proposed rule; request for comments.
Document Number:
95-30821
Dates:
Comments on the proposed rule must be received on or before January 29, 1996.
Pages:
65618-65631 (14 pages)
Docket Numbers:
Docket No. 951208293-5293-01, I.D. 110995B
RINs:
0648-AF01: Amendment 5 to the Fishery Management Plan for Atlantic Mackerel, Squid, and Butterfish
RIN Links:
https://www.federalregister.gov/regulations/0648-AF01/amendment-5-to-the-fishery-management-plan-for-atlantic-mackerel-squid-and-butterfish
PDF File:
95-30821.pdf
CFR: (29)
50 CFR 655.7(a)
50 CFR 655.4(a)
50 CFR 611.50(b)(2)
50 CFR 655.4(c)(1)
50 CFR 611.50
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