94-4610. Northeast Multispecies Fishery; Final Rule DEPARTMENT OF COMMERCE

[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4610]


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[Federal Register: March 1, 1994]


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Part IV





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR 651




Northeast Multispecies Fishery; Final Rule
DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 931076-4052; I.D. 100193A]
RIN 0648-AD33

 
Northeast Multispecies Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement Amendment 5 to the 
Fishery Management Plan for the Northeast Multispecies Fishery (FMP). 
Amendment 5 implements conservation measures to eliminate the 
overfished condition of the multispecies finfish (groundfish) stocks. 
This final rule implements the Amendment by imposing a moratorium with 
exceptions for certain vessels fishing in the fishery, an effort 
control system to reduce fishing effort over 5 to 7 years, monitoring 
requirements to track fishing effort, and new permitting and reporting 
requirements. In addition, the rule increases minimum mesh size 
requirements for several different areas and expands the area where 
mesh size is regulated.

EFFECTIVE DATE: March 1, 1994, except for Sec. 651.32(a), which is 
effective April 15, 1994. Section 651.9(a) (11) and (12), Sec. 651.9(e) 
(33) and (34), and Sec. 651.27(b) expire at 2400 hours, April 2, 1994.

ADDRESSES: Copies of Amendment 5, its regulatory impact review (RIR) 
and the initial regulatory flexibility analysis (IRFA) contained within 
the RIR, and the final supplemental environmental impact statement 
(FSEIS) are available from Douglas Marshall, Executive Director, New 
England Fishery Management Council, Suntaug Office Park, 5 Broadway 
(U.S. Rte. 1), Saugus, MA 01906-1097. Comments regarding burden-hour 
estimates for collection-of-information requirements contained in this 
final rule should be sent to Richard B. Roe, Northeast Regional 
Director, Northeast Regional Office, National Marine Fisheries Service, 
One Blackburn Drive, Gloucester, MA 01930, and the Office of Management 
and Budget (Attention NOAA Desk Officer), Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy 
Analyst, 508-281-9252 or E. Martin Jaffe, Fishery Policy Analyst, 508-
281-9272.

SUPPLEMENTARY INFORMATION:

Background

    The New England Fishery Management Council (Council) approved at 
its June 1993 meeting a package of measures for inclusion in Amendment 
5 to the FMP. The FMP has been in effect since 1986, and has been 
amended four times. The two main objectives of Amendment 5 are to 
eliminate the overfished condition of the principal groundfish stocks 
(cod, haddock, and yellowtail flounder) by reducing the rate at which 
fish are caught by 50 percent over the next 5 to 7 years, and to reduce 
the bycatch of harbor porpoise in the sink gillnet fishery.
    Two measures contained in Amendment 5, as originally submitted, 
were disapproved by the Secretary of Commerce (Secretary) on September 
30, 1993, and were not contained in the proposed rule to implement the 
amendment published on October 27, 1993 (58 FR 57774). Reasons for 
disapproval of those measures were given in the proposed rule and are 
not repeated here.
    Amendment 5, less the two measures disapproved on September 30, 
1993, was approved on January 3, 1994, after consideration of the 
comments received during the public comment period. This rule 
implements measures in Amendment 5 that are expected to reduce the 
fishing mortality rate to such a level as to eliminate overfishing. 
Since development began on the amendment, the condition of the 
multispecies finfish stocks continued to decline to record low levels. 
It is essential that fishing mortality levels be reduced as soon as 
possible because only then can rebuilding of stocks occur, especially 
for haddock, cod, and yellowtail flounder.
    In approving the amendment, the Director, Northeast Region, NMFS, 
(Regional Director) notified the Council of several concerns that had 
been raised during Secretarial review, including that the Council needs 
to develop specific rebuilding goals, the annual mortality reduction 
may be set too low in the early years of the amendment, the effort 
exemption for vessels 45 ft (13.7 m) or less in length may be too 
permissive, that the overfishing definition for pollock may need to be 
adjusted, and the sink gillnet measures to reduce harbor porpoise take 
may not be sufficient. Also, the Council's objective to eliminate 
overfishing for cod and yellowtail flounder, while certainly a 
necessary first step, fails to offer specific rebuilding objectives for 
these species and the Council has been notified that it should begin 
formulating such objectives as soon as possible.

Incorporation of Emergency Measures Into the Final Rule

    On January 3, 1994, NMFS published an emergency rule, at 59 FR 26, 
effective January 3, 1994, through April 2, 1994, to protect the 
seriously depleted stocks of haddock. The emergency rule established a 
500-lb (226.8-kg) possession limit for haddock; began the closure of an 
expanded Closed Area II on January 3, 1994, rather than February 1, 
1994; and implemented several other measures to protect haddock. This 
final rule implementing Amendment 5 permanently implements several 
measures that were contained in both the emergency rule and in the 
proposed rule for Amendment 5. Other measures in the emergency rule 
that were not contained in the proposed rule for Amendment 5 are 
continued in effect by this final rule, but will expire on April 2, 
1994, as provided by the emergency rule, unless extended through 
further rulemaking. A description of these measures follows.
    Definitions for ``bottom-tending gillnet or sink gillnet'', 
``dredge or dredge gear'', ``offload'', ``pair trawl or pair 
trawling'', ``scallop dredge vessel'', ``standard box'', ``standard 
tote'', and ``transfer'', which were temporarily added by the emergency 
rule, are permanently added to Sec. 651.2 by this final rule. 
Prohibitions on pair trawling in the groundfish fishery, temporarily 
added at Sec. 651.7(a) (5) and (6) by the emergency rule, are 
permanently added at Sec. 651.9(e)(27) by this final rule. A 
prohibition on transfer of multispecies finfish at sea, temporarily 
added at Sec. 651.7(a)(7) by the emergency rule, is permanently added 
at Sec. 651.9(e)(3) by this final rule. Prohibitions concerning haddock 
possession, temporarily added at Sec. 651.7(a) (3) and (4) by the 
emergency rule, are permanently added at Sec. 651.9(a) (11) and (12) by 
this final rule. A prohibition concerning sink gillnets, temporarily 
added at Sec. 651.7(b)(15) by the emergency rule, is permanently added 
at Sec. 651.9(e)(31) by this final rule. A prohibition concerning entry 
into Closed Area II of Georges Bank during a specified period of time, 
temporarily added at Sec. 651.7(b)(16) by the emergency rule, is 
permanently added at Sec. 651.9(e)(20) by this final rule. A 
prohibition concerning haddock possession on sea scallop dredge 
vessels, temporarily added at Sec. 651.7(b)(17), and a prohibition 
concerning a haddock possession limit temporarily added at 
Sec. 651.7(b)(18) by the emergency rule, are added at Sec. 651.9(e) 
(33) and (34), respectively, effective through April 2, 1994, by this 
final rule. Prohibitions concerning possession of multispecies finfish 
harvested by pair trawling, temporarily added at Sec. 651.7(b) (19) and 
(20) by the emergency rule, are permanently added at Sec. 651.9(e)(27) 
by this final rule. A prohibition concerning transfer of multispecies 
finfish from one vessel to another, temporarily added at 
Sec. 651.7(b)(21) by the emergency rule, is permanently added at 
Sec. 651.9(e)(5) by this final rule. A prohibition on pair trawling for 
multispecies finfish, temporarily added at Sec. 651.20(g) by the 
emergency rule, is permanently added at Sec. 651.20(h)(3) by this final 
rule. The closure of Closed Area I, temporarily added at 
Sec. 651.21(c)(1) by the emergency rule, is permanently added at 
Sec. 651.21(a) by this final rule. The closure of Closed Area II, 
temporarily added at Sec. 651.21(c)(2) by the emergency rule, is 
permanently added at Sec. 651.21(b) by this final rule, except that the 
annual closure period for 1994 is February through May, rather than 
January through May, as in the emergency rule. The haddock possession 
limits, temporarily added at Sec. 651.28 by the emergency rule, are 
added at Sec. 651.27(b), effective through April 2, 1994, by this final 
rule. Transfer-at-sea measures, temporarily added at Sec. 651.29 by the 
emergency rule, are permanently added at Sec. 651.30 by this final 
rule. Closed areas illustrated in Figure 6 to part 651, temporarily 
added by the emergency rule, are permanently incorporated into Figure 3 
to part 651 by this final rule.

Amendment 5 Measures

    Success of the amendment is largely dependent on meeting the annual 
fishing mortality reduction targets. NMFS is concerned that the annual 
targets may not be adequately protective, particularly during the first 
years of the plan, although it is recognized that the Council chose to 
minimize first year restrictions for valid socio-economic concerns. 
Therefore, it is more critical that the Council responds in a timely 
way to problems through the framework measure to ensure achievement of 
the amendment's objectives.
    The Council has been requested to make it a priority to reexamine 
the exemption from effort control for vessels 45 ft (13.7 m) and less. 
The 45-ft (13.7-m) limit exempts a large number of vessels from effort 
control measures, thereby creating the possibility that the vessels may 
significantly reduce any gains from controls on larger vessels. 
Moreover, establishing a 45-ft (13.7-m) limit for vessels may create 
more inequities between vessels in the same port than if the minimum 
had been a smaller size. The Council was asked to consider measures 
that would prevent modification of vessels longer than 45 ft (13.7 m) 
to a size that would allow them to be exempt if the Council chose not 
to reduce the size of vessels being exempted.
    The remaining overfishing definitions have been approved, but the 
definition for pollock needs to be reevaluated. Since the public 
hearings of May 1993, an assessment on pollock was reviewed and 
approved by the Stock Assessment and Review Committee of the NMFS 
Northeast Fisheries Science Center. The assessment indicates that a 25% 
maximum spawning potential (MSP) level is more appropriate than the 20% 
MSP obtained by analogy to similar species. Current (1992) fishing 
mortality for pollock is estimated to be 0.72, while the fishing 
mortality rate that would produce a spawning stock abundance amount 
which is 20% of the maximum spawning potential (F20) is 
0.65 and a fishing mortality rate that would produce a spawning stock 
abundance of 25% of the maximum spawning potential (F25) 
is 0.47. Consequently, under either definition, pollock are overfished. 
Although the measures contained in Amendment 5 will have a collateral 
benefit on pollock, the Council was requested to reconsider this 
definition in developing Amendment 6.
    The Council and the gillnet fishermen have expressed concern over 
the default harbor porpoise protection measure. The Council requested, 
at its February meeting, that implementation of the 4-day blocks out 
per month for gillnet gear be delayed until April 15, 1994, because it 
appears unlikely that harbor porpoise will be present in significant 
numbers until then. Others commented that when significant numbers of 
porpoises are present, the 4-days out of the fishery per month 
requirement may not be adequate to protect the porpoises. The final 
rule makes the 4-day out provision effective April 15, 1994. The 
Council is requested to take swift action under the harbor porpoise 
framework measure to ensure the protection of porpoise through the 
continued examination of the time and area of the gear-out requirement, 
and if necessary to protect porpoise, to change the provision.
    The permit moratorium contained in Amendment 5 continues to be 
contentious. It becomes even more so as other fisheries establish 
control dates that some perceive as limiting the options available to 
fishermen. The Council was asked to work closely with the Mid-Atlantic 
Fishery Management Council to insure that fishermen continue to have 
alternatives available, such as the mackerel fishery, which is 
underexploited and can withstand additional effort. The control date 
established for the Atlantic mackerel, squid and butterfish fisheries 
may prevent this fishery being an option for groundfish vessels and the 
Mid-Atlantic Council was asked to consider this and work with the 
Council before developing final measures.
    This final rule implements: A moratorium on most new entrants into 
the multispecies finfish fishery; limitations on upgrading of vessel 
size and engine horsepower; exceptions to the moratorium for vessels 
using fewer than 4,500 rigged hooks or fishing under a possession 
limit; an effort-reduction program where vessels fish using a 
combination of blocks of time out of the fishery and time spent at the 
dock (Fleet Days-At-Sea(DAS)), unless they elect to take an allocation 
of actual Individual DAS that vessels may fish for multispecies 
finfish; exceptions to the effort-reduction program for vessels 45 ft 
(13.7 m) and less in length, vessels fishing fewer than 4,500 hooks, 
vessels fishing sink gillnet gear, and vessels at sea for less than a 
day; a possession limit for scallop dredge vessels; a requirement to 
purchase and install a Vessel Tracking System (VTS) unit for vessels 
fishing Individual DAS and vessels that have historically fished with a 
scallop dredge and otter trawl; a call-in system for other vessels in 
the Fleet DAS reduction program; a minimum mesh size of 5 and 1/2 
inches (13.97 cm) in the Southern New England/Mid-Atlantic area; an 
increase in the minimum mesh size in the Gulf of Maine/Georges Bank 
area from 5 and 1/2 (13.97 cm) to 6 inches (15.24 cm); exceptions to 
the mesh-size regulations for vessels possessing less than the 
possession limit, and for vessels fishing with purse seine or midwater 
trawl gear; minimum fish sizes; a prohibition on pair trawling; 
seasonal mesh requirements in the Stellwagen Bank/Jeffreys Ledge area; 
a suspension of the closure of Area I except for fixed gear; a 
modification of Closed Area II in area and time; a closure of an area 
in the vicinity of the Nantucket Lightship when a research trawl survey 
index is reached; a requirement that vessels fishing for northern 
shrimp use a finfish excluder device; permit requirements for vessel 
operators and dealers; mandatory reporting for permitted vessels and 
dealers; mandatory observer requirements for vessels if required by the 
Regional Director; and framework measures to adjust the effort-control 
program and other measures.

Permit Changes and Applicable Dates

    This rule substantially changes the fishing vessel permit 
application process. Vessel owners must now choose from several 
different permit categories. This choice will have implications on the 
future activity of a vessel. The permit category requirements and 
restrictions are complex and the applicants acting in anticipation of 
the final rule have been reluctant to choose a permit category, until 
they have discussed the implications with NMFS. Because of the volume 
of calls and requests for assistance received from the industry, NMFS 
has been unable to provide assistance to all those requesting it. To 
allow additional time for applicants to complete their vessel permit 
applications, the vessel permit requirement, and related measures, such 
as effort control measures and possession limits, become applicable on 
May 1, 1994. To be ensured of having a vessel permit by May 1, 1994, 
completed vessel permit applications must be received by NMFS by March 
31, 1994. Applications received after March 31, 1994, cannot be 
guaranteed to be processed before May 1, 1994. Until these provisions 
of the regulations become applicable, vessels holding 1993 multispecies 
permits can fish for, possess or land multispecies in or from the EEZ.
    This change will allow NMFS to continue to provide assistance to 
the industry so that the industry can make informed choices in a timely 
way on these important decisions. To further assist the industry, the 
Regional Director intends to allow vessel owners who believe they 
mistakenly chose a permit category based on incomplete information, to 
change permit categories within 30 days of receipt of their 1994 
Federal multispecies permit. This change must be requested in writing 
and is in addition to the one change in category allowed under 
Sec. 651.4(f)(2)(iv).
    The Regional Director has determined that monitoring of vessels in 
the Fleet DAS reduction program will be accomplished initially through 
the call-in system. NMFS has reviewed several card monitoring systems 
to determine their appropriateness for this application. NMFS found 
that while these systems may serve the need, their cost, reliability, 
level of sophistication, and the relative newness of the technology 
make implementation difficult. The Regional Director does not believe 
that such a system could be made operational by the time of 
implementation and therefore has reserved the card monitoring system.
    In addition, the Regional Director has authorized, pursuant to 
Sec. 651.29(c), the use of the alternative call-in system as the sole 
method of notification for the DAS program. Until the Regional Director 
determines that the VTS is operable and he has provided adequate 
notification to permit holders, vessels participating in the DAS 
program must use the call-in system to provide notification of when 
they are leaving for and returning from fishing trips.

Comments and Responses

    Written comments were submitted by Alliance for Community 
Education, Associated Fisheries of Maine, Center for Marine 
Conservation, City of Gloucester Mayor-elect Bruce H. Tobey, Commercial 
Fisheries News, Conservation Law Foundation, East Coast Fisheries 
Foundation, Inc., Gloucester Fishermen's Wives Association, Gloucester 
United, Maine Fishermen's Cooperative Association, Maine Gillnetters 
Association, Marine Mammal Commission, National Italian American 
Foundation, New England Fishery Management Council, North Shore Chamber 
of Commerce, Inc., Portland Fish Exchange, Senator George Mitchell, 
U.S. Coast Guard, and 18 individuals. In addition, letters containing 
461 signatures were submitted in support of the Gloucester United 
comments.
    Four VTS vendors provided comment on the proposed monitoring 
requirements under which they would be certified.
    Comment 1: Three associations and four individuals stated that the 
amendment should be approved.
    Response: The comments have been noted and the amendment has been 
approved.
    Comment 2: One association expressed its support for an overall 
catch quota to ensure populations are not overfished in case measures 
to limit days at sea are not successful in reducing the amount of fish 
caught.
    Response: The Council did not include overall quotas out of 
concerns that include possible market disruptions that could result 
when a quota is caught, small boats and large boats having to compete 
against each other for available quota, and the difficulty in 
monitoring quotas among different areas. Instead of an absolute quota, 
the Council chose the annual harvest targets to be used to gauge 
progress towards attaining the interim mortality reduction targets. 
NMFS and the Council are required to perform an annual review to 
determine what the actual mortality rate is compared to the harvest 
targets. Rather than quotas, the Council will then be able to modify 
the other measures contained within the amendment by using the 
framework to ensure that the targets are not exceeded in future years.
    Comment 3: One association expressed concern about NMFS' ability to 
administer and enforce the amendment and recommended that NMFS enlist 
the advice of the Council and experienced members of the fishing 
industry.
    Response: Most of the planning for implementation of the amendment 
and its administration and enforcement has already been done. NMFS will 
continue to work with the Council to address problems as they arise and 
will solicit industry advice when appropriate.
    Comment 4: One association commented that Amendment 5 will provide 
further restrictions on small-and medium-sized vessels that are already 
limited by weather. Vessels will be forced to fish in bad weather and 
lives will be lost.
    Response: The Council, in deliberating the amendment, made a 
conscious decision to reduce the impacts on small vessels. The 
possession limit exemption and hook exemption from the permit 
moratorium, and the 45-foot and day-trip exemptions from effort control 
were designed with the small and medium sized vessels in mind. Vessels 
outside these categories will be affected by the combined measures. 
Whether these vessels will decide to fish in bad weather is unknown, 
but the Council believes that other factors such as declining stock 
abundance and the competition for scarce catches are more likely to 
influence such a decision. NMFS, in approving this amendment, agrees 
with the Council's conclusions.
    Comment 5: One association commented that Amendment 5 measures urge 
fishermen to go into alternative fisheries. This will be difficult 
because it costs money to get into a new fishery and banks and lending 
institutions are hesitant to lend money. Larger vessels that use up 
their groundfish days will have to resort to small-mesh fisheries to 
survive.
    Response: The declining state of the groundfish resource makes it 
increasingly difficult to make a successful trip. Vessel owners facing 
such a decline would normally consider alternatives to groundfish, 
which the amendment's measures support. A switch to a new fishery may 
mean a capital investment in new gear. The amendment makes no 
distinction regarding which vessels may be able to switch to other 
fisheries and it imposes a consistent possession limit on all vessel 
size classes when small-mesh gear is used to lessen the impact on 
groundfish. Using the framework measure of subpart C, the Council may 
adjust these measures if it determines that there is a problem.
    Comment 6: Six associations and seven individuals recommended that 
the Secretary enter into negotiated rulemaking under the Negotiated 
Rulemaking Act of 1990 instead of implementing the moratorium, DAS, and 
target quotas.
    Response: The responses to the recommendation to disapprove the 
moratorium, the DAS provisions, and target quotas are provided under 
Comments 7, 35, and 36. Development of fishery management plans and 
amendments must adhere to procedures provided for in the Magnuson 
Fishery Conservation and Management Act (Magnuson Act), which 
established fishery management councils and the development of fishery 
management plans to ensure public participation by the affected public 
in the process, similar to the intent of the Negotiated Rulemaking Act. 
The Magnuson Act development process for Amendment 5 involved active 
public participation throughout. At its Multispecies Committee and 
Council meetings, the Council provided ample opportunity and encouraged 
the public's development of alternative management measures. At the two 
rounds of public hearings, which were well attended by the fishing 
industry, several alternative management plans were proposed. Most were 
analyzed against the Council's objectives and many of the measures 
proposed were adopted by the Council. Several of these had to be 
adjusted to ensure that they would meet the amendment's objectives.
    Because of the public process that has already occurred, and the 
many opportunities for comment, there was no need for a negotiated 
rulemaking. The Council may not have decided on measures favored by all 
in the fishing industry, but it is the Council's responsibility to 
exercise its best judgement on what is necessary and appropriate for 
the fishery under its jurisdiction.

Vessel Permits/Limited Entry Permits

    Comment 7: Six associations and eight individuals recommended that 
the moratorium on vessel permits be disapproved. The commenters stated 
that the moratorium is not based upon conservation, will change the 
character of the industry leading to corporate ownership, is 
irreversible, and was rejected by the fishing industry at public 
hearings.
    Response: A moratorium is important to the effort reduction program 
because it enhances the predictability of the effect of effort 
reductions on total mortality and it reduces the impact of the effort 
reductions on individual participants. To insure some control on the 
predictability of the effort reduction program, a finite number of 
units of effort, i.e., fishing vessels, is necessary. Otherwise, the 
size of the reduction in fishing mortality could not be predicted and 
would not be known until after the effect of the new vessels that had 
entered the fishery could be measured. Consequently, the Council would 
always be playing catch-up with little likelihood of success.
    A moratorium is important to controlling the magnitude of the 
impact of effort reductions on individual participants in the fishery. 
Without a moratorium, new vessels could continue to enter the fishery. 
If this occurred, individual vessel time at sea would have to be 
reduced to compensate for the increase in total time at sea. During the 
rebuilding program, this would increase the magnitude of the individual 
reductions in effort proposed and, as the resource improves, even more 
vessels would be encouraged to enter and any individual gains 
associated with the improvement in the resource would be dissipated. 
The unpredictability of future individual reductions would contribute 
to economic instability in the fleet and the inability of participants 
to plan for the long term.
    The Council proposed the moratorium to ensure long-term gains for 
those individuals being forced to make short-term sacrifices in the 
form of effort controls. As the effort control measures achieve fishing 
mortality reductions and the resource starts to rebuild, new entrants 
into the fishery would likely harvest the surplus in the absence of a 
moratorium. Thus, there would be no promise of a ``return on 
investment'' for the vessels that are making the sacrifices in the 
early years of the plan. Moreover, a moratorium provides an incentive 
to participants to protect their long-term interests. This translates 
into increased protection for the resource. Effort control measures 
without a moratorium are less likely to provide conservation benefits 
because an important restriction on the expansion of total effort would 
have been eliminated.
    It is unknown whether the moratorium will change the character of 
the industry. It is difficult, if not impossible, to predict the 
individual vessel's decisions and the circumstances leading to those 
decisions that would be made to allow such a wholesale change.
    The Council allowed for some new entry to the fishery through the 
use of the 4,500 hook and possession limit exemptions. In providing 
these exemptions, the Council determined that these activities would 
not have a significant impact on attaining the goals and objectives of 
the amendment. These exemptions and the moratorium itself can be 
reviewed and modified in future years if the Council determines that 
there is need and that the amendment's objectives could still be met. 
The Council has also stated its intention that the moratorium be 
effective only for the duration of the effort reduction program 
established by this amendment.
    While there was some support for the moratorium at the public 
hearings, the primary rationale for approval is its relationship to the 
effort reduction program. Absolute acceptance by the industry for a 
measure, though desired, is not the sole criteria on whether a given 
measure should be approved.
    Comment 8: One association commented that, in Sec. 651.4, the 
eligibility criteria for a limited entry permit and conditions for 
upgrading are very similar to those promulgated in the original Fishery 
Management Plan for the Atlantic Surf Clam and Ocean Quahog Fisheries. 
With that plan, all the participants agreed that the tendency of the 
standards was to encourage an ``arms race,'' which consumed capital and 
complicated effort reduction objectives for years. This should be 
avoided if possible.
    Response: Some of the language and requirements for moratorium 
permits are similar to those contained in fishery management plan for 
the Mid-Atlantic surf clam fishery. The Council was aware of the 
problems experienced in that fishery, because it was consulted and 
involved in the development of the plan for that fishery. Many of the 
conditions that occurred in the Mid-Atlantic surf clam fishery after 
implementation of the moratorium have already occurred in the 
multispecies fishery. In the multispecies fishery, similar to what 
happened in the surf clam fishery, there has been a rapid rise in 
fishing effort brought about by several factors, including longer 
trips, shorter turnaround time between trips, and increased technology 
making fishermen more efficient. The Council, therefore, attempted to 
minimize problems in Amendment 5 by allowing some flexibility in 
limitations on size and horsepower and by adopting a framework measure 
to facilitate adjustments to measures.
    Comment 9: One association commented that, in Sec. 651.4(q) of the 
vessel permit requirements, the provision that a limited access permit 
is forfeited if not annually renewed is likely to cause fishermen to 
lose their license permanently because of a technicality. Either an 
annual renewal notice or other flexibility should be incorporated to 
avoid serious hardship claims.
    Response: Since the inception of annual permit renewals in 1986, 
NMFS has sent annual permit renewal applications to those issued 
permits in the previous year. This practice will not change with the 
implementation of this amendment. However, it will continue to be the 
vessel owner's responsibility to have a valid Federal Fisheries Permit, 
maintained on board the vessel, before engaging in fishing for 
multispecies finfish.
    Comment 10: One association questioned whether the restriction on 
issuance of limited access permits, contained in Sec. 651.4(s) of the 
vessel permit requirements, meant that a vessel in this fishery could 
not enter other fisheries. If this is the case, then the commenter 
stated it would be a clear violation of national standard 6.
    Response: Vessels may enter, and are encouraged to enter, other 
fisheries, so long as they meet the criteria for entry to those 
fisheries. The section cited does not limit a vessel from entering 
other fisheries; rather, Sec. 651.4(s) specifies that the permit or 
fishing history of one vessel may not be used to qualify another vessel 
at the same time in some other fishery. This means that if the vessel 
had permits for several fisheries in the past and was still qualified 
for those fisheries, the permit or history could not be used to qualify 
a different vessel for another limited entry fishery, and at the same 
time qualify for a limited access multispecies permit.
    Comment 11: One individual expressed support for the hook exemption 
and requested adoption of a similar exemption for fish traps. The 
commenter stated that both conserve the stock and fish habitat, and 
reduce fuel consumption.
    Response: A specific exemption for fish traps was not considered by 
the Council for inclusion in the amendment. This comment is being 
forwarded to the Council for possible inclusion of a fish trap 
exemption in a future amendment.
    Comment 12: One association supported the moratorium, but opposed 
the issuance of new permits after only 3 years.
    Response: After 3 years, the Council may adjust the criteria for 
limited entry permits after taking into consideration the fishing 
mortality goals and objectives of the amendment and conditions in the 
fishery. This would be accomplished through the framework measures 
contained in subpart C, which include opportunity for public comment.
    Comment 13: One association objected to the requirement for a 
vessel permit in Sec. 651.4(f)(1), which requires that the names and 
addresses of shareholders holding more than 25% ownership be provided. 
The commenter believed that this is an invasion of privacy, is not 
required by other government agencies, and that the officers of a 
corporation are a matter of record.
    Response: By receiving this information, NMFS will be able to 
determine who the true owner of a vessel is. It gives a more complete 
picture that is not available when a vessel owner provides just the 
corporation name. This is particularly important when determining who 
is responsible if a violation of a regulation occurs. Without this 
information, determining whether a particular owner is a repeat 
violator would also be difficult. To seek this information from other 
sources would require systematic searches of state records, requiring 
NMFS to expend an extensive amount of time. It is not an unlawful 
invasion of privacy because it is only required of vessel owners that 
voluntarily submit themselves to the highly regulated industry of 
fishing as a condition to obtaining the privilege to fish with a 
Federal permit in Federal waters.

Operator Permits

    Comment 14: One association commented that, in Sec. 651.5(d) of the 
operator permit requirements, the requirement for passport photos to be 
submitted with an application for an operator permit probably adds 
several hours to the information burden calculation for each applicant 
under this program, which is not accounted for in the analysis.
    Response: The requirement is not for passport photos, but rather 
passport-size photos, which makes the requirement substantially easier 
to meet. Regardless, the analysis did take this into account and 
allowed for 1 hour for response instead of 5 minutes, for example, as 
specified for applying for a dealer permit. In determining burden 
estimates, an average is taken.
    Some individuals will already have a passport-size photo or have 
easy access and their burden will be minimal. Other individuals may 
have to travel to have this service performed. The burden is further 
reduced by NMFS' intention to allow the operator permit to be valid for 
multiple years, rather than just 1 year. In any event, the estimate of 
time does not pose any time constraints on applicants. NMFS will 
monitor whether the time estimate is correct.
    Comment 15: The U.S. Coast Guard commented that the wording under 
Sec. 651.5(c) in the operator permit requirements, which prohibits 
operators who have had their operator permit suspended or revoked from 
being on board a vessel, in any capacity, issued a Federal Fisheries 
Permit is unenforceable unless all crew members are permitted.
    Response: NMFS disagrees that the measure is unenforceable. The 
intent of this measure is to improve compliance with the measures by 
those who are most directly able to control the actions of the vessel 
and crew. The number of operators having their permits suspended or 
revoked is expected to be relatively few. Information on these 
individuals, including their picture, can be distributed to the U.S. 
Coast Guard and other enforcement officials and used during boardings. 
To require all crew members to obtain a permit would impose too great 
of an administrative burden on NMFS and crew members for which there 
would be insufficient improvement in the ability to enforce such a 
measure. Further, a change such as this is beyond the scope of 
Amendment 5.
    Comment 16: The U.S. Coast Guard commented that Sec. 651.5(d) 
should require proof of U.S. citizenship to obtain an operator permit.
    Response: The Magnuson Act requires that all vessels of the United 
States that are larger than 5 net tons be documented by the U.S. Coast 
Guard. Federal law requires that the masters of U.S. documented vessels 
be U.S. citizens or U.S. nationals. As applied to vessels larger than 5 
tons, the Coast Guard's suggestion is duplicative of existing law. As 
applied to vessels smaller than 5 tons, the adoption of a U.S. 
citizenship requirement would prevent aliens lawfully admitted to 
permanent residence in the United States from continuing to serve as 
masters of small vessels as they endeavor to qualify for U.S. 
citizenship. For these reasons, NOAA has not adopted the U.S. Coast 
Guard recommendation.
    Comment 17: One association noted that the operator permit 
requirements in Secs. 651.5 and 651.9 are inconsistent with the 
amendment by failing to exempt recreational vessels.
    Response: The intent was to require operator permits for operators 
of vessels required to obtain federal fishery permits. The final rule 
provides that if a vessel is exempted from the vessel permit 
requirements, then that vessel's operator is exempted from the permit 
requirement as well.
    Comment 18: One association objected to the operator permit 
condition under Sec. 651.5(c), which prohibits vessel operators from 
working on board a vessel issued a Federal Fisheries Permit, in any 
capacity, if the operator permit has been revoked or suspended.
    The commenter further stated that guilt should be determined first, 
and the penalty determined by the Courts, rather than the penalty being 
agreed to first.
    Response: This penalty would be assessed against a vessel operator 
only if the vessel operator is determined to have been involved in a 
major violation or is a significant repeat offender of Federal fishing 
regulations. In all cases, the vessel operator will have an opportunity 
for a hearing before an administrative law judge. Further, the vessel 
operator will always have the option of appealing the determination by 
the agency to a Federal court. The language gives notice to the vessel 
operator that his/her right and privilege to operate and serve on a 
federally-permitted fishing vessel is subject to the condition, and 
that the right may be suspended or revoked in certain circumstances. 
Without the possibility of suspending or revoking an operator's right 
to serve in any capacity on a federally-permitted vessel, the purpose 
of requiring operator's permits would be meaningless. The language also 
puts the operator on notice that he/she will be responsible for his/her 
actions and will not be able to move to another vessel, should a 
suspension occur. It is consistent with a vessel permit suspension, 
which takes the vessel out of the fishery during the time of 
suspension.

Reporting and Recordkeeping

    Comment 19: One association commented that, in Sec. 651.7(b)(1) of 
the reporting requirements, the requirement to provide ``any other 
information required by the Regional Director'' is overbroad, a 
standardless delegation, and potentially unconstitutional.
    Response: This requirement provides NMFS the flexibility to obtain 
the information necessary for management, and is not open-ended, since 
the Regional Director must demonstrate that any additional data 
requested is necessary to manage the fishery.
    Comment 20: One individual stated that the requirements for 
recordkeeping and reporting are impracticable, of little or no use, and 
cannot be enforced due to limited resources.
    Response: The recordkeeping and reporting requirements are in 
direct response to the inability to collect complete information under 
the existing voluntary system and were supported by the fishing 
industry. The Council's previous attempts at management measures were 
stymied by the lack of complete information on the fleet. For some 
areas or classes of vessels, there was little coverage or incomplete 
coverage. The information collected from the reporting requirements is 
necessary to, and will be used to monitor, the effects of the various 
measures being implemented by this rule. Implementation of this rule, 
along with recent amendments to the Summer Flounder and Atlantic Sea 
Scallop Fishery Management Plans, will provide for a comprehensive 
collection of fishery information coastwide. Its requirements can be 
enforced because of the ability to verify reporting compliance due to 
the dual requirement that dealers and vessels must report. These 
requirements have been shown to be enforceable in other fisheries in 
the Northeast.
    Comment 21: One association commented that the reporting burden 
estimates for the vessel logbook report (5 minutes), dealer logbook 
report (2 minutes) and operator permit (1 hour) are unrealistic and 
that they fail to take into account time to read instructions, search 
existing data sources, gather and maintain the data needed, and 
complete and review the requirement.
    Response: Initially, the time to complete the requirements will be 
longer than that estimated. As fishermen and dealers become familiar 
with the report form and requirements, the time to complete and submit 
the information will decrease. The reporting time estimates for both 
the vessel and dealer may seem low, but the estimates take into account 
that most of the information is being collected during the normal 
course of business and in many cases for dealers, on the same form that 
is being adopted for the reporting requirement. The report estimates 
also take into account that the reporting burden will vary between 
areas and fisheries. Moreover, as stated above, the time estimate does 
not impose time constraints on those required to report. NMFS will 
continue to monitor this activity to determine if adjustments to the 
associated burden time need to be made. NMFS encourages vessel 
operators and dealers to submit information on the time needed to 
comply with these reports as such individuals gain experience actually 
completing logbooks and permit forms.

Vessel Identification

    Comment 22: The U.S. Coast Guard commented that the wording under 
Sec. 651.8(a) regarding vessel identification should be reworded to 
require the name on each side of the bow and the name of the vessel and 
homeport at or near the stern. The U.S. Coast Guard further commented 
that term ``if possible'' be deleted to eliminate ambiguity.
    Response: NMFS has proposed consolidating requirements common to 
Northeast fisheries in 50 CFR part 622, Northeast Region General 
Fisheries Permit and Reporting Procedures (58 FR 53172, October 14, 
1993). Where this comment is common to requirements in other fisheries, 
it will be considered in the context of part 622. A final rule 
implementing consolidated permitting and reporting procedures will be 
issued after this final rule implementing Amendment 5 is published.

Prohibitions

    Comment 23: One association commented that, regarding the 
prohibition specified in Sec. 651.9(a)(6), it is unreasonable to expect 
fishermen to enforce the FMP by demanding to see dealer licenses, given 
the locus of market power in sale transactions, and considering 
fishermen often have no direct contact with their dealer (i.e., fish 
are picked up by truck). It would be impossible for fishermen to make 
the legal conclusion that the permit is ``valid.''
    Response: It is reasonable to expect that fishermen know to whom 
they are selling their fish, because this information is necessary to 
know from whom to expect payment. Further, since fishermen must provide 
this information on the vessel logbook submitted to NMFS, vessel owners 
will have to make an effort to identify to whom they are selling fish. 
NMFS will make an effort to identify those permitted dealers purchasing 
multispecies finfish so that the likelihood of a fishermen selling to 
an unpermitted dealer will be substantially reduced. If fish are sold 
to a truck, the truck does not need to be permitted if the truck is 
used for transportation only. If the truck driver acts as a purchaser, 
a dealer permit would be needed.
    Comment 24: Two associations commented that observer requirements 
in Sec. 651.0(a)(10) were not disclosed at public hearings. Requiring 
provision of food, etc., is an uncompensated taking in violation of the 
Constitution.
    Response: Observer requirements have been part of the FMP since 
implementation of Amendment 4 and were discussed by the Council in 
public meetings. In Amendment 4, vessels participating in the Exempted 
Fisheries Program were required to take a sea sampler if requested by 
the Regional Director. In the version of Amendment 5 taken to public 
hearing, observer requirements were included under the midwater trawl 
exemption. Once the public hearings had concluded, the Council 
discussed in a public meeting and added the measure to provide 
consistency with a measure in Amendment 4 to the Fishery Management 
Plan for Atlantic Sea Scallops. By including the requirement in the 
proposed rule, the public has been given additional opportunity to 
comment.
    This provision is needed to supplement, rather than replace, the 
existing Domestic Sea Sampler Program. Several times in the past, when 
management actions were contemplated, the reaction by some fishermen 
has been to deny sea sampler's requests to be on board vessels. This 
seriously hampers NMFS' ability to collect discard, bycatch, and other 
biological information and as a consequence, management actions were 
based upon incomplete, though best available, information. This 
provision will allow the Regional Director to require vessels to carry 
an observer, if vessels refuse to take sea samplers.
    A mandatory observer program is necessary for the management 
program to be effective. A taking occurs if a regulation denies an 
owner economically viable use of his/her property. The regulations do 
not dispossess fishermen or limit the use of their property. It is not 
equivalent to a seizure of their property or a restraint on entry and 
use, and therefore does not constitute an unlawful taking.
    Comment 25: One association commented that, in Sec. 651.9(b)(2)(i), 
the requirement for having a certified, operational and functioning VTS 
unit on board the vessel at all times will force fishermen to have at 
least two of these units on board the vessel at all times, at a cost of 
$14,000. No provision has been made to enable fishermen to keep 
information confidential from third parties with receivers. The VTS has 
evolved into a complicated, prohibitively expensive, intrusive 
violation of basic constitutional principles and an end to itself 
instead of providing NMFS with bare-bones requirements to make the 
management program work simply and effectively.
    Response: The requirement is to have a functioning VTS unit on 
board the vessel. If the vessel owner believes that the VTS unit is not 
reliable enough to provide the service required, the vessel owner may 
decide to purchase another VTS unit. The minimum VTS performance 
criteria were developed with the rigors of at-sea conditions in mind. 
The approved VTS vendors have stated that their units meet these 
specifications. Many of the units are in use on board fishing vessels 
already and have been found to be reliable and able to withstand 
weather at sea.
    Fishermen subject to the VTS requirement are expected to purchase 
the units directly from approved vendors. In making such a purchase, 
the vessel owner should decide whether to include in the purchase 
contract items such as confidentiality of information, position 
integrity, etc. NMFS does require that a vessel owner applying for a 
limited access permit must provide NMFS, the U.S. Coast Guard, and 
their authorized officers or designees access to the vessel's DAS and 
location data. All information from the VTS units forwarded to NMFS 
will be considered data submitted pursuant to 16 U.S.C. 1853(a)(5), 
which is subject to the confidentiality requirements of 16 U.S.C. 
1853(d).
    NMFS disagrees with the last comment. The VTS was developed to 
address the need to monitor effectively basic vessel activities at 
substantial savings to NMFS. The VTS allows enforcement resources to be 
deployed where most effective while at the same time monitoring is 
maintained throughout the fishery. The VTS also provides greater 
efficiency for vessel operators and greater safety for at-sea 
operations. Further, the requirement to carry a VTS unit is a condition 
to participate in a highly regulated industry operating in federally 
regulated waters. There is no compensable taking of private property 
under the Fifth Amendment of the Constitution.
    Comment 26: One association commented that, in Sec. 651.9(b)(10), 
the trip notice provision is cast without a negative and thus would 
make all fishermen violators.
    Response: This has been corrected in the final rule.
    Comment 27: One association commented that the provision in 
Sec. 651.9(e)(13) is far too broad and makes no allowance for the 
rigors of the sea, the vagaries of atmospheric transmission, etc. The 
fisherman becomes a guarantor of perfect airwaves, which is an 
impossible burden.
    Response: The prohibition refers to a willful act, rather than that 
which would occur through weather or other Acts of God. The burden will 
be on NMFS to show that such a willful act has occurred.
    Comment 28: An industry association commented that, in 
Sec. 651.9(e)(31), the requirement that any fisherman must remove from 
the water sink gillnets is directly in conflict with Magnuson Act 
prohibitions on hauling or tampering with gear of others.
    Response: The final rule has been changed to clarify that a sink 
gillnet fisherman is required to remove only his or her own gear.
    Comment 29: One association commented that in Sec. 651.9(e)(23), 
recreational vessels are allowed to possess regulated species smaller 
than the minimum size, which is contrary to Council intention.
    Response: The language of Sec. 651.9(e)(23) allows vessels exempted 
under Sec. 651.9(e)(1)(ii) to be exempted from the requirement. Vessels 
under this exemption are those fishing in state waters exclusively, 
without Federal permits, where these regulations are not applicable 
because of the Councils' and the Secretary's limited authority under 
the Magnuson Act to regulate fishing activities that occur only in 
state waters. The Magnuson Act was enacted pursuant to the 
Constitution's grant of authority to Congress to pass laws that 
regulate interstate and foreign commerce. The Act authorizes the 
Secretary to issue such regulations as are necessary and appropriate to 
implement the Act. The Secretary has determined that keeping track of 
the location of fishing vessels is essential to conserve and manage the 
multispecies fishery. A VTS allows the Secretary to ascertain the 
vessel's location in a cost-effective manner.

Regulated Mesh Areas

    Comment 30: One association supported the finfish excluder device 
requirement contained in Sec. 651.20(a)(3)(ii).
    Response: The comment is noted and the measure has been approved.
    Comment 31: One association commented that it supported the 
increase in minimum mesh size to 6 inches (15.24 cm), but that the area 
should also include Southern New England.
    Response: The Council specified different minimum mesh sizes, by 
area, based upon the different historical fishing patterns that occur 
there. Prior to this amendment, much of the Southern New England area 
was not subject to mesh restrictions. Amendment 5 imposes a minimum 
mesh size restriction throughout the area, thereby providing 
substantial protection for undersized, immature groundfish. In year 2, 
the mesh size increases to 6-inch (15.24-cm) square mesh or 5\1/2\-inch 
(13.97-cm) diamond mesh. Also included in the measures applicable to 
the Southern New England Area is an area closure triggered when there 
is an incoming year class of yellowtail flounder that reaches a certain 
level of abundance as determined by the annual spring bottom trawl 
survey conducted by NMFS. If further restrictions are necessary, the 
Council may use the framework measures contained in subpart C to effect 
changes.
    Comment 32: The U.S. Coast Guard commented that the area defined in 
Sec. 651.20(c) for the Southern New England Regulated Mesh Area (RMA) 
and its allowance of more than one mesh on board overlaps the 
boundaries of the Nantucket Lightship Closed Area. The U.S. Coast Guard 
stated that this creates an enforcement policy that is inconsistent 
with conservation goals. It recommended that the Southern New England 
RMA be redrawn to exclude the Nantucket Lightship Closed Area from the 
more than one mesh on board provision.
    Response: The Nantucket Lightship Closed Area closes only when a 
survey index indicates a strong incoming year class of yellowtail 
flounder. When such a closure occurs, vessels are prohibited from 
fishing in the area unless specifically exempted, and the gear types 
exempted (lobster pot gear, surf clam/ocean quahog dredge gear, hook 
and line) do not include gear subject to the gear stowage requirement. 
It is not necessary, therefore, to redraw this area such as was done 
for the Nantucket Lightship Regulated Mesh Area.
    Comment 33: One association commented that it is inappropriate to 
allow mid-trawlers year-round, unsupervised access to the Gulf of 
Maine.
    Response: Midwater trawlers are subject to a possession limit when 
fishing with small mesh and are required to fish with the net off the 
bottom. If NMFS believes that a problem is occurring with this fishery, 
observers could be deployed to gather information. The vessel reporting 
requirements will also aid in determining whether this gear is 
appropriate for use in this area.
    Comment 34: One association recommended that the Nantucket 
Lightship Regulated Mesh Area be disapproved because the area allows 
smaller mesh size in an area that abounds with haddock, cod and 
yellowtail flounder.
    Response: NMFS is also concerned about this area and about the 
confusion that can result because of the differences between the 
adjoining regulated mesh areas and this area. If this requirement were 
disapproved, however, it would leave this area with no regulated mesh 
size or one mesh on board requirement. NMFS is requesting the Council 
reexamine this area and determine whether it is appropriate to allow 
the smaller minimum mesh size, given the low stock abundance of 
regulated species occurring there.

Closed Areas

    Comment 35: One association commented that, in Sec. 651.21(b)(4), 
the exemption allowing safe haven in the vicinity of Closed Area II, 
required for vessel safety, is virtually unattainable. It depends on 
the National Weather Service (NWS) identifying adverse conditions far 
out at sea, posting warnings, and the operator being able to contact a 
U.S. Coast Guard unit in the area. Unless this provision is rational, 
it will cost lives in transit.
    Response: The exemption was requested by fishermen at a meeting of 
the Council. The criteria for the exemption were developed to ensure 
that it could not be used to circumvent the regulations. The intent is 
that when there is a legitimate need, because of bad weather, to seek 
shelter in deeper water, vessels can enter the closed area. The best 
criterion for vessels to know when this is allowed is the storm 
postings of the NWS, which has offshore monitoring capabilities. NMFS 
is actively discussing with NWS and the National Ocean Survey, the 
possibility of using the VTS units to collect weather information for 
offshore areas. If vessels cannot contact a U.S. Coast Guard unit in 
the area, notice should be provided to a U.S. Coast Guard shoreside 
facility. NMFS believes these measures are reasonable and adequate to 
provide vessels a safe route during bad weather. This exemption will be 
monitored and, if adjustments are needed, they can be made through the 
framework measures in subpart C.

Effort Control Program

    Comment 36: Six associations and eight individuals recommended that 
the effort control measures be disapproved, citing that this type of 
management will not achieve conservation because vessels will fish 
longer, fish closer to shore, target high value species, and the 
program will be almost impossible to administer and enforce.
    Response: The Council chose effort reduction measures rather than 
relying solely on indirect measures (minimum mesh size, minimum fish 
size) or other direct measures (vessel or total quotas). In doing so, 
it believed that the effort control measures would provide greater 
assurance in achieving the Council objectives, would be less disruptive 
to the supply of groundfish, and would provide flexibility to vessel 
operators, thereby balancing the need to prevent overfishing with 
socio-economic concerns of the fishing industry.
    With declining fish stocks, fishermen are already making longer 
trips with fewer crew members and with less time at the dock between 
trips. There have already been complaints over the last few years of 
larger vessels displacing small vessels by working inshore areas. The 
combination of annual reduction of days at sea allowed, regulated 
layover time at the dock, and target quotas is designed to meet 
eventually the objectives of the amendment. It is recognized that there 
will be adjustments by the fleet in the first few years. Eventually 
these adjustments will be overcome by the measures resulting in 
reductions in fishing mortality.
    NMFS believes that the effort reduction program can be administered 
and enforced. Tracking of days at sea can be accomplished shoreside 
rather than at sea and the VTS and call-in systems will enhance this 
effort. The VTS system will identify when vessels leave port, when they 
return to port, which port and where they are at sea. The exemptions 
for hook vessels, possession limit vessels and vessels 45 ft (13.7 m) 
and less will substantially reduce the enforcement and monitoring 
burden.
    Comment 37: Six associations and eight individuals recommended that 
the target quotas be disapproved.
    Response: To determine how effective the effort reduction program 
and other measures are at attaining interim fishing mortality goals and 
to provide the industry and the public with a quantifiable objective, 
the Council included target quotas based upon the major groundfish 
stocks. The target quotas will be determined annually and, if exceeded, 
the Council will adjust fishing mortality reduction measures to help 
assure that it does not occur again. If the target quotas had been 
disapproved, NMFS the Council would have had little information on 
which to judge the success of individual measures for a given year, and 
little justification for adjusting management measures in future years. 
Exceeding a target quota does not result in any automatic regulatory 
measure.
    Comment 38: The Council and one association commented that the 
layover day requirement specified in Sec. 651.22(c)(1)(ii) should 
reflect the Council's intent that vessels need to move between docks 
within port.
    Response: In order to monitor effectively vessel DAS activity, it 
is necessary for NMFS to be able to track vessel movement. NMFS intends 
to allow some reasonable movement within port through enforcement 
discretion, so long as it does not compromise the accurate monitoring 
of vessel DAS.
    Comment 39: One association commented that the provision in 
Amendment 5 exempting vessels 45 ft (13.7 m) or less, from the effort 
reduction program, should be changed back to 30 ft (9.1 m), because the 
longer length allows for too much additional fishing effort.
    Response: An exemption length of 45 ft (13.7 m) exempts 1,554 more 
vessels than would an exemption length of 30 ft (9.1 m). Still, if the 
45-ft (13.7 m) exemption was disapproved, there would have been no 
exemption for smaller vessels from the effort control program. A lack 
of an exemption from the effort control program for smaller vessels, 
may have serious negative economic effects on fishermen operating those 
vessels without sufficient commensurate benefits to the groundfish 
stocks to justify the lack of such an exemption. The Council has been 
asked to reexamine the 45-ft exemption, and its effects will be closely 
monitored. If a change is necessary, it could be implemented through 
the framework provisions of subpart C.

Minimum Fish Sizes

    Comment 40: The U.S. Coast Guard commented that, in 
Sec. 651.23(d)(i), the minimum fish sizes are only enforceable if the 
whole fish can be measured. The exception allowing 25 lbs (11.3 kg) of 
fillets less than the minimum size should be deleted since enforcement 
officers cannot verify that the fillets originated from legal-size 
fish.
    Response: The 25 lbs (11.3 kg) of fillets allowed per person cannot 
be offered or intended for sale, trade, or barter. While NMFS agrees 
that it will be difficult to enforce this requirement, the small amount 
of fillets allowed and the intended use of the fillets should have a 
minimal impact on the conservation goals of the FMP. This exemption 
allows the traditional fishing practice of crew members filleting fish 
for personal use to continue. If this exemption poses a problem in the 
future, it may be modified using the framework provisions of subpart C.

Flexible Area Action System

    Comment 41: One association commented that the FAAS described in 
Sec. 651.26, is an overbroad, standardless delegation in violation of 
the Administrative Procedure Act and the Constitution.
    Response: The Flexible Area Action System described in Sec. 651.26 
is not a new provision, rather it was implemented through the approval 
of Amendment 3 to the FMP. The proposed rule republished the entire 
part and not just the provisions changed or added by Amendment 5. This 
was done to aid the reader. The commenter is invited to review 
responses to comments published at the time this section was 
promulgated.

Monitoring Requirements

    Comment 42: One association commented that the presumption in 
Sec. 651.28(a)(4) is unreasonable because the vessel operator may not 
know the violation is occurring and thus may fail to collect the 
evidence to rebut the presumption. A vessel could run through its whole 
allocation without knowing it, if a battery shorts out.
    Response: The VTS unit typically displays a signal when the unit is 
in communication with an overhead satellite. The vessel operator should 
be able to determine readily if the unit is functioning or at least 
enter into agreement with the VTS unit vendor that he/she be notified 
when the unit is not functioning properly. If the unit is not 
functioning properly, the vessel operator should respond accordingly 
and try to correct the problem, and if not able to, gather the evidence 
necessary.
    Comment 43: One association commented that, in Sec. 651.28(a)(7), 
the definition for tampering must except unknowing activity and such 
actions as rigging the vessel, raising fishery cones, sailing into fog 
banks, etc., all of which could affect signal or position accuracy.
    Response: Adverse weather typically does not distort the 
information provided by a VTS unit. This only occurs if the antenna is 
disrupted or there is an occurrence of extreme weather. Tampering 
implies a knowing violation. Enforcement discretion will be used in 
determining violations and whether an action was willful or not.
    Comment 44: Four VTS vendors commented that the requirement for 
polling is not essential for vessel monitoring objectives.
    Response: NMFS believes that the polling requirement is an integral 
component of a monitoring system employing a VTS. Polling will enhance 
NMFS ability to insure adequacy of its DAS monitoring requirements. 
Moreover, the use of a VTS will not be limited to just DAS monitoring, 
but will also be used for closed area and Hague Line surveillance, and 
other enforcement concerns. Polling will allow NMFS to change the 
frequency of location reporting in support of specific enforcement 
operations. This could occur for a given area, individual vessels or 
groups of vessels. Polling can also be beneficial to search and rescue 
operations by pinpointing location, speed of drift, etc.
    Comment 45: Four VTS vendors commented that the requirement that 
the VTS provide two-way network communication between the vessel and 
shore is not essential for vessel monitoring objectives. The commenters 
stated that vessels are already equipped with radios, telephone, telex, 
or facsimile equipment.
    Response: NMFS believes that two-way communication is necessary. 
Under Sec. 651.7(b)(1), vessel operators may choose to provide catch 
information through the VTS unit. Under Sec. 651.29(a)(1), vessels will 
use the VTS to notify NMFS that they are leaving on a trip that will 
not involve a groundfish DAS. Allowing reporting such as noted above 
through the VTS, greatly enhances NMFS' ability to receive information 
on a timely basis, 24 hours a day. Radios and telephones require 
someone to be present to receive the call. Telex and facsimile 
equipment could provide the information, but at greater expense to NMFS 
through having to input the data to another system. NMFS believes that 
the two-way communication capabilities will allow VTS to be used for 
more applications, once established. Consequently, NMFS is not changing 
the specifications.

Days-at-Sea Notification

    Comment 46: One association commented that, in Sec. 651.29 (a) and 
(b), if the primary system fails or malfunctions and the Regional 
Director fails to authorize the use of a call-in system, then vessels 
are not allowed to fish. The Regional Director should be required, not 
just permitted, to fill the gap.
    Response: NMFS recognizes that without a VTS requirement, as 
written in the proposed rule, vessels would be unable to fish. The 
final rule has been revised so that initially a call-in system will be 
required by vessels that will later be subject to VTS requirements when 
such a system is available. Also, the final rule has been revised so 
that the Regional Director must authorize a call-in system if a VTS is 
later shown to be ineffective for monitoring DAS.
    Comment 47: One association commented that, in Sec. 651.29(c) (2) 
and (4), requiring a confirmation by the Regional Director renders the 
call-in and fax-in useless on nights and weekends (when most trips 
start or finish). If the Regional Director fails to confirm the end of 
the trip, the counting of DAS will run without the fisherman being able 
to stop it. An alternate to confirmation must be provided.
    Response: Confirmation will be automatic through the call-in system 
or FAX. Neither system will require the vessel operator or owner to be 
limited to NMFS work hours. The systems have been designed to handle 
multiple calls and will have sufficient backup such that any 
inconvenience will be minimized.

Observer Requirements

    Comment 48: One association commented that, in Sec. 651.31(c), the 
requirements applying to an owner or operator regarding at-sea observer 
coverage represents an unlawful taking, unless compensated.
    Response: See response to Comment 24.
    Comment 49: One association expressed concern about the cost to the 
vessel of the observer requirements under Sec. 651.31, citing the 
expense of liability insurance.
    Response: As has been done for the past several years, NMFS will 
continue to place voluntary sea samplers on board vessels. Whether it 
is a voluntary sea sampler or a mandatory observer, NMFS will be 
responsible for the salary, but the vessel will be responsible for 
adequate accommodations and food. NMFS is not required to provide 
insurance to the vessel owner regarding liability to the observer. If 
such insurance is desired by the vessel owner, it will be the owner's 
responsibility to provide such insurance coverage for the time the 
observer is on the vessel.
    Comment 50: One association commented that the allowance for an 
observer to inspect and copy communication logs may be an invasion of 
privacy or an unauthorized disclosure of proprietary information. The 
requirement to inspect and copy should be restricted to information 
pertaining to catch and related data.
    Response: The final rule requires that only information relating to 
the catch and related data be provided to the observer.

Sink Gillnet Requirements

    Comment 51: One association stated that the amendment does not 
provide consistent, targeted controls to reduce incidental harbor 
porpoise mortality and recommended that time and area closures be 
implemented.
    Response: In anticipation of the harbor porpoise framework measure 
being approved, the Council has been evaluating the feasibility of 
time/area closures. The measure and implementing rule requiring all 
gillnets to be out of the water, is intended to serve as the default 
harbor porpoise mitigation of take measure until such time as another 
is implemented. It was designed to meet harbor porpoise protection 
objectives over 5 years. Under the framework measure, the Council will 
be able to recommend time/area closures for implementation once they 
are determined to be appropriate.
    Comment 52: The Marine Mammal Commission commented that the monthly 
period of time when sink gillnets are required to be removed from the 
water should be 16 days per month in year 1, rather than 4 days per 
month. The 16 days per month should be put into effect pending an 
assessment of its effect on reducing the incidental take level and/or 
development of alternative management measures.
    Response: Once a fishery management plan or amendment has been 
formally submitted by a Council, NMFS has authority to approve or 
disapprove provisions, but has little authority to modify a provision. 
To disapprove this measure would have eliminated all protection for 
harbor porpoise and groundfish afforded by this measure, at least in 
the short term. Indeed, the Biological Opinion prepared for the 
amendment recommends an accelerated schedule, by initially going to the 
year 2 schedule of 8 days a month in the first year. As stated 
previously, the Council's evaluation of time/area closures is being 
conducted with the goal of implementing such a measure under the 
framework as soon as possible. If the Council recommends such a measure 
and it is approved for implementation, the necessary protection may be 
provided.
    Comment 53: The Marine Mammal Commission commented that the 
proposed critical habitat areas for right whales (Cape Cod Bay and 
Great South Channel) should be adopted as closed areas, instead of the 
area designated as Closed Area I.
    Response: Much of the proposed critical habitat is already included 
in Closed Area I and the closure occurs at a time when right whales are 
present in the area. The Biological Opinion prepared for this amendment 
determined that Cape Cod Bay and the Great South Channel will not be 
adversely affected by the Amendment 5 measures. If the proposed 
critical habitat for right whales becomes final, it may be appropriate 
at that time to consider such a change under the framework provisions, 
in subpart C. The exception to this would be Cape Cod Bay, which is 
under the Commonwealth of Massachusetts' jurisdiction.
    Comment 54: The Marine Mammal Commission recommended that the 
exemption for gillnets from the effort control measures be disapproved.
    Response: The Council intends for the exemption to be in place only 
until such time as it can determine the impact of the harbor porpoise 
take reduction measures on fishing mortality. Rather than try to 
reconcile the two measures, the Council chose to concentrate its 
efforts on reduction of harbor porpoise mortality. It is likely that 
these measures will reduce fishing mortality. Reducing the time when 
gillnets are allowed in the water also reduces the time to catch 
groundfish and take harbor porpoise incidentally. A reduction in time 
will reduce fishing effort.

Framework Specifications

    Comment 55: One individual stated that the framework measures are 
illegal in that they override and assume the functions of NMFS. The 
framework measures will not provide the quick reaction needed to 
conserve small fish.
    Response: The framework measures are consistent with the Magnuson 
Act and other applicable law; NMFS authority is not diminished by this 
measure or the Council. Measures proposed by the Council must be 
analyzed and are subject to public comment. Once the Council recommends 
measures, NMFS will make a determination on the appropriateness of the 
measures with regard to the Magnuson Act and other applicable law.
    The framework measure is not specifically designed to preserve 
concentrations of small fish. Other permanent measures, such as the 
increase in minimum mesh size, the Stellwagen Bank and Jeffreys Ledge 
juvenile protection areas, Nantucket Lightship Closed Area and the 
Flexible Area Action System are designed to provide protection to 
juvenile fish. If other areas are determined to need protection or the 
timing of protection needs to be changed, the framework measure can be 
used to accomplish this.
    Comment 56: One association expressed concern that the amendment's 
measures may be insufficient to end overfishing and rebuild depleted 
fish stocks. The commenter expressed hope that the framework measure of 
subpart C would be followed and that it would allow for sufficient 
adjustments, if necessary.
    Response: NMFS is concerned about the continued decline of the 
stocks and that it may be necessary to take further action through the 
framework measure. NMFS, in approving the amendment, has sent the 
Council a letter describing this concern and stating NMFS' expectation 
that the framework provisions will be used to meet the goals and 
objectives of the Amendment.

Other Comments

    Comment 57: One individual raised several questions about the 
process by which the proposed rule was promulgated, with regard to the 
submitted amendment and the role of the Council and NMFS.
    Response: The Magnuson Act, section 302(h), specifies the functions 
of Regional Fishery Management Councils. One of these functions is to 
prepare and submit to the Secretary fishery management plans and 
amendments for those fisheries that require conservation and management 
within its geographical area of authority. Under section 303(c), the 
Magnuson Act specifies that ``proposed regulations which the Council 
deems necessary and appropriate for purposes of carrying out a plan or 
amendment to a plan shall be submitted to the Secretary simultaneously 
with the plan or amendment for action by the Secretary under sections 
304 and 305.'' The Secretary is then responsible for making any changes 
necessary for implementation and publishing the proposed regulations. 
Thus, the Council is responsible for proposing those measures necessary 
for the conservation and management of the resource. If what a Council 
proposes is consistent with the Magnuson Act and other applicable law, 
the Secretary is responsible for the approval and implementation of the 
proposed measures.
    Comment 58: One individual disputed the statement in the 
Supplementary Information section of the preamble of the proposed rule, 
that ``the FMP has been in effect since 1986, and has been amended four 
times * * *'' The commenter was not aware of any evidence that the FMP 
had been approved or accepted by the Secretary prior to final 
rulemaking.
    Response: On August 20, 1986, an interim rule (51 FR 29642) was 
issued, which indicated that the Secretary had partially disapproved 
the FMP and that the remaining approved measures were implemented for a 
period ending on September 30, 1987. On September 17, 1987, a final 
rule (52 FR 35093) was published that implemented Amendment 1, which 
responded to the deficiencies of the FMP. The approval of Amendment 1 
was not conditional and its measures along with the approved FMP 
measures remained in effect until amended by Amendment 2 (54 FR 4798, 
January 31, 1989), Amendment 3 (54 FR 52803, December 22, 1989), 
Amendment 4 (56 FR 24724, May 31, 1991) and now, Amendment 5.
    With regard to Amendment 5, the Council, with assistance from NMFS, 
U.S. Coast Guard, state fishery agencies, academia, and the Mid-
Atlantic Fishery Management Council, prepared the amendment and other 
supporting documents. NMFS prepared the proposed rule, which was 
reviewed by the Council for consistency with the amendment.
    Other comments were received related to approval of the amendment 
or other concerns, rather than on the proposed rule. These comments 
included: Comments on the adequacy of the analysis performed by the 
Council, recommendations for emergency action on haddock, additional 
measures for yellowtail flounder, recommendations on the proposed 
listing of harbor porpoise under the Endangered Species Act and action 
under Marine Mammal Protection Act, recommendations for increased 
observer coverage under the Marine Mammal Protection Act, 
reauthorization of the Magnuson Act, the relationship between the 
Magnuson Act and the Administrative Procedure Act. All comments 
received were considered in the decision to approve the amendment.

Changes From the Proposed Rule

    In Sec. 651.2, in the definition for a ``combination vessel'' the 
phrase ``and the Atlantic Sea Scallop Fishery Management Plan'' was 
removed to make it clear that qualification for scallop DAS is not 
required under this part.
    In Sec. 651.2, the definition for ``DAS (Day(s)-at-sea)'' was 
modified to clarify when a DAS occurs, and a definition for ``out of 
the multispecies fishery or DAS program'' was added to distinguish 
between when a vessel is subject to DAS and when it is not.
    In Sec. 651.2, the definition for ``Dealer'' was modified to 
include the phrase ``issued a valid Federal vessel permit under this 
part'' to clarify that dealers are required to have a permit if they 
purchase from vessels issued a Federal multispecies permit.
    In Sec. 651.2, the phrase ``declared out of the multispecies 
fishery'' was replaced with the phrase ``out of the multispecies 
fishery or DAS program'' to reflect more accurately the requirements of 
Sec. 651.22.
    In Sec. 651.2, the definition for ``scallop dredge vessel'' was 
made consistent with the regulatory requirements by adding a phrase to 
clarify that a scallop dredge vessel must have been issued or applied 
for a limited access scallop permit.
    In Sec. 651.4, a phrase was added to the introductory text to 
explain the changes made to the applicability date of this requirement.
    In Sec. 651.4, the narrative within the introductory text was 
modified by adding the word ``valid'' before the types of permits 
listed, to provide further clarification.
    In Secs. 651.4, 651.5 and 651.6, several editorial changes were 
made to provide consistency between the administrative requirements 
contained in these sections and similar sections contained in 50 CFR 
part 650.
    In Sec. 651.4(a)(1)(i)(B), the phrase ``on or prior to'' was 
replaced with ``as of'' to reflect the language in Amendment 5 and to 
clarify the requirement.
    In Sec. 651.4, paragraph (a)(1)(i)(B) was modified by adding the 
word ``written'' to clarify how this requirement can be met.
    In Sec. 651.4, paragraph (a)(3) was modified by adding the word 
``written'' to clarify how this requirement can be met.
    In Sec. 651.4(a)(4)(ii), the sentence ``For undocumented vessels, 
net tonnage does not apply'' was added to clarify further the 
requirements for replacement vessels.
    In Sec. 651.4(f)(2)(iii), the references to 1994 and 1995 were 
removed to clarify that this election must be on the permit application 
in all years.
    Section 651.4(f)(2)(v) was rewritten to clarify options for 
movement between the non-DAS program permit categories.
    Section 651.5(a) was modified so that a vessel operator need only 
carry the operator permit while on board the vessel rather than in 
possession at all times.
    Section 651.5(c) was modified to add the sentence ``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.'' This sentence was included under 
Sec. 651.5(n) in the proposed rule and is repeated in this section in 
the final rule to increase awareness of this provision.
    Section 651.9(b)(10) was modified to clarify what act was actually 
prohibited.
    In Sec. 651.9(c), the phrase ``while the vessel, and persons on the 
vessel, are in possession of or landing more than 500 lbs (226.8 kg) 
of, or fishing for regulated species'' was added to clarify this 
requirement.
    Section 651.9(e)(2)(ii) was divided into paragraphs (e)(2)(ii) and 
(e)(2)(iii) to clarify the prohibitions.
    In Sec. 651.20, paragraphs (a)(2), (b)(2), (c)(2) and (d)(2) have 
been corrected to cross reference Sec. 651.20 (e) and (f), instead of 
Sec. 651.20 (f) and (g).
    In Sec. 651.20, paragraphs (a)(3)(i), (a)(4)(i)(A), (c)(3)(i), 
(c)(3)(ii), (d)(3)(i), (d)(3)(ii), (e)(1)(iv), (f)(4), the phrase ``the 
possession limit of regulated species specified under Sec. 651.27(a)'' 
is replaced with ``500 lbs (226.8 kg) of regulated species.'' This is 
because Sec. 651.27(a) is not implemented until May 1, 1994, and the 
bycatch requirement for the small mesh fisheries must be implemented on 
March 1, 1994.
    In Sec. 651.22, paragraph (b)(3)(iv), the requirement under 
Sec. 651.22(c)(1)(i)(E) was added for consistency between an identical 
requirement between the Fleet DAS and Individual DAS programs.
    Section 651.22(d)(1)(i)(C) was revised to clarify what is required 
to verify the length of a vessel.
    Section 651.22(d)(1)(ii) was modified with the addition of the 
phrase ``excepts gillnets and gear not intended to fish for 
multispecies finfish such as lobster'', to provide consistency with the 
Council's intent for this requirement.
    Section 651.22(d)(2) was replaced with paragraphs (2)(i) through 
(iii) to clarify that sink gillnet vessels greater than 45 ft (13.7 m) 
in length are exempt from the DAS effort reduction program when using 
sink gillnet gear exclusively, unless further effort reduction measures 
are implemented; that when these vessels use other gear and intend to 
fish for, possess or land, or do possess or land more than 500 lbs. 
(226.9 kg) of regulated species, they shall be subject to the DAS 
effort reduction program; and that sink gillnet vessels less than 45 ft 
(13.7 m) in length are exempt from the DAS effort reduction program 
unless further effort reduction measures are implemented. These changes 
clarify what sink gillnet vessels are subject to with regard to the 
effort reduction program and under which circumstances sink gillnet 
vessels are exempted from its requirements.
    In Sec. 651.22, paragraph (d)(2)(ii), a sentence was added to 
clarify the requirements for vessel fishing in both the sink gillnet 
fishery and a DAS program.
    Section 651.22,(d)(3) was modified by adding the phrase ``except 
for combination vessels'' to clarify that combination vessels are not 
subject to this requirement.
    In Sec. 651.27, paragraph (a)(1), the phrase ``vessels issued hook-
gear-only permits that are fishing with gear other than hook gear, sink 
gillnet vessels greater than 45 ft (13.7 m) in length that are fishing 
with gear other than gillnet gear'' was added to further clarify when 
vessels using this type of gear are subject to the possession limit.
    In Sec. 651.28, paragraph (a)(1), the heading and all subsequent 
references have been revised from ``certification'' to ``approval'' to 
better define the process by which will NMFS select VTS vendors.
    In Sec. 651.28(a)(4), the phrase ``not participating in the 
multispecies fishery'' was replaced by ``declared out of the 
multispecies finfish fishery'' to provide consistency with other 
sections of the regulations.
    Section 651.28(c)(3) has been revised to read, ``If the owner of a 
sink gillnet vessel greater than 45 ft (13.7 m) in length intends to 
fish for regulated multispecies with gear other than sink gillnet gear 
on a fishing trip'' in order to clarify when a sink gillnet vessel 
owner is required to provide notice.
    In Sec. 651.29, the information requirements under paragraphs 
(c)(1) and (c)(2) were modified such that the caller's telephone number 
is required, instead of the caller's address, in order to facilitate 
administration of this requirement.
    In Sec. 651.31(c)(5), the phrase ``the vessel's log, communications 
logs,'' was deleted because it was determined to be inappropriate.
    In Sec. 651.32(a)(1)(i), the phrase ``Vessel owners using sink 
gillnet gear must remove all of their sink gillnet gear'' was added to 
clarify that vessel owners must remove only their own sink gillnet 
gear.
    In Sec. 651.32(a)(2), the phrase ``upon issuance of the permit'' 
was deleted to allow the Regional Director more flexibility in form and 
timing of notification.
    In Sec. 651.32, paragraph (c) was corrected to be paragraph (b).
    In Secs. 651.4 introductory text, 651.4(a), 651.4(b), 651.4(c), 
651.9(e)(2) introductory text, 651.22(a), 651.22(b)(1)(i), 
651.22(c)(1), 651.22(d)(1)(i), 651.22(e), 651.29(a)(1), 651.29(b), 
introductory text, and 651.33 introductory text, wording was added to 
implement these requirements on May 1, 1994, and to clarify that 
vessels may fish using a valid 1993 multispecies vessel permit until 
that time.
    In Secs. 651.5(a), 651.9(a) introductory text, 651.9(e)(1)(i), 
651.9(e)(6), 651.9(e)(8), 651.9(e)(9), 651.20 introductory text, 
651.20(a)(2), 651.20(a)(3)(ii), and 651.20(c)(4), revisions were made 
to clarify that all permit holders under this part are subject to these 
requirements.

Classification

    The Council prepared an FSEIS for Amendment 5, which was filed by 
the Environmental Protection Agency with the Office of the Federal 
Register. The Assistant Administrator for Fisheries, NOAA, (AA) 
determined, upon review of the FSEIS and public comments that the 
preferred alternative of the Amendment is environmentally preferable to 
the status quo. The FSEIS demonstrates that the preferred alternative 
contains management measures to eliminate the overfished condition of 
stocks of groundfish, especially haddock, cod, and yellowtail flounder; 
provides economic and social benefits to the fishery in the long term; 
and should provide better balance in the ecosystem in terms of the 
groundfish resources.
    NMFS notified the Small Business Administration during the proposed 
rule stage that this action may have significant effects on a 
substantial number of small entities based upon an IRFA prepared by the 
Council. The IRFA now constitutes an FRFA based on public comments. The 
FRFA determines that most active vessels that participate in the 
fishery are considered small entities according to the criteria 
established by the Small Business Administration. Amendment 5 excludes 
the smaller vessels (i.e., boats 45 ft (13.7 m) and smaller in length) 
from effort reduction measures. The regulations would probably not have 
a significant impact on these vessels, which constitute about 64 
percent of the qualified vessels and which landed approximately 15 
percent of the groundfish in 1991. However, the proposed reduction in 
effort may have considerable impacts on those vessels that are still 
considered small entities which are longer than 45 ft (13.7 m). These 
small entities constitute 36 percent of the qualified vessels, and 
landed approximately 85 percent of the groundfish in 1991, and are 
expected to incur significant short-term losses in revenue that will be 
offset by long-term gains and greater stability in the fishery.
    The rule contains eight new collection-of-information requirements 
and revises seven existing requirements subject to the Paperwork 
Reduction Act. These collection-of-information requirements have been 
approved by the Office of Management and Budget (OMB). Nevertheless, 
public comments are invited on the burden-hour estimates for the 
collection-of-information requirements listed below.
    The new reporting requirements are:
    1. Dealer permits, (Sec. 651.6--OMB Approval #0648-0202) (5 
minutes/response);
    2. Operator permits, (Sec. 651.5--OMB Approval #0648-0202) (1 hour/
response);
    3. Notice requirements for observer deployment, (Sec. 651.31--OMB 
Approval #0648-0202) (2 minutes/response);
    4. Proof of installation of vessel tracking system, 
(Sec. 651.4(f)(vi)--OMB Approval #0648-0202) (2 minutes/response);
    5. Automated vessel tracking system, (Sec. 651.29(a)--OMB Approval 
#0648-0202) (0 minutes/response);
    6. Vessel call-in or electronic card reporting requirement, 
(Sec. 651.29(b)--OMB Approval #0648-0202) (2 minutes/response);
    7. Notice of entry/exit of Closed Area II due to hazardous weather, 
(Sec. 651.21(b)(iii)(D)--OMB Approval #0648-0202) (2 minutes/response);
    8. Vessel logbooks, (Sec. 651.7(b)--OMB Approval #0648-0212) (5 
minutes/response).
    Revisions to the existing requirements are:
    1. Three new vessel permit categories (limited access, hook-gear-
only permits, possession-limit-only permits) (Sec. 651.4(a), (b), and 
(c)--OMB Approval #0648-0202) (no increase in burden above that 
currently associated with vessel permits);
    2. Limited access permit denial appeals, (Sec. 651.4(a)(8)--OMB 
Approval #0648-0202) (0.5 hours/response);
    3. Limited access permits, days at sea appeals (Sec. 651.22(a)(6)--
OMB Approval #0648-0202) (2 hours/response);
    4. The Cultivator Shoals Exemption Program (Sec. 651.20(a)(4)(i)--
OMB Approval #0648-0202) (2 minutes/response);
    5. The Midwater Trawl Exemption Program (Sec. 651.20(e)--OMB 
Approval #0648-0202) (2 minutes/response);
    6. Dealer purchase reports (Sec. 651.7(a)--OMB Approval #0648-0229) 
(2 minutes/response);
    7. Annual processed products reports (Sec. 651.7(a)(2)--OMB 
Approval #0648-0018, will be mandatory (2 minutes/ response).
    Send comments regarding these burden estimates or any other aspect 
of these collections-of-information, including suggestions for reducing 
the burdens, to Richard Roe, and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (see ADDRESSES).
    This rule is not subject to review under E.O. 12866.
    The AA has determined that there is good cause to waive the 30-day 
delay in effective date normally required by section 553(d) of the 
Administrative Procedure Act because many of the provisions of this 
rule must be effective by March 1, 1994 to begin eliminating the 
overfished condition of some groundfish stocks. Some provisions of the 
rule do not become applicable by their own terms until dates after 
March 1, 1994, such as permit requirements described in Sec. 651.4, and 
requirements for vessels having limited access permits which will be 
fishing in the individual DAS program and combination vessels to use a 
VTS as described in Sec. 651.29. A letter sent by the Regional Director 
to all permit holders advises that the call-in notification procedure 
described in Sec. 651.29 shall apply to all vessels holding limited 
access permits until a VTS system is operational, sometime after 6 
months after March 1, at which time vessels fishing under the 
individual DAS program and combination vessel.

List of Subjects in 50 CFR Part 651

    Fisheries, Reporting and recordkeeping requirements.

    Dated: February 24, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 651 is 
revised; with Sec. 651.9(a)(11) and (12), Sec. 651.9(e) (33) and (34), 
and Sec. 651.27(b) expiring at 2400 hours, April 2, 1994; to read as 
follows:

PART 651--NORTHEAST MULTISPECIES FISHERY

Subpart A--General Provisions

Sec.
651.1  Purpose and scope.
651.2  Definitions.
651.3  Relation to other laws.
651.4  Vessel permits.
651.5  Operator permits.
651.6  Dealer permits.
651.7  Recordkeeping and reporting.
651.8  Vessel identification.
651.9  Prohibitions.
651.10  Facilitation of enforcement.
651.11  Penalties.

Subpart B--Management Measures

651.20  Regulated mesh areas and restrictions on gear and methods of 
fishing.
651.21  Closed areas.
651.22  Effort-control program for limited access vessels.
651.23  Minimum fish size.
651.24  Experimental fishing.
651.25  Gear-marking requirements.
651.26  Flexible Area Action System.
651.27  Possession limits.
651.28  Monitoring requirements.
651.29  DAS notification program.
651.30  Transfer-at-sea.
651.31  At-sea observer coverage.
651.32  Sink gillnet requirements to reduce harbor porpoise takes.
651.33  Hook-gear-only vessel requirements.

Subpart C--Framework Adjustments to Management Measures

651.40  Framework specifications.

Figure 1 to Part 651--Regulated mesh areas.
Figure 2 to Part 651--Nordmore grate.
Figure 3 to Part 651--Closed areas.

    Authority: 16 U.S.C. 1801 et seq.

Subpart A--General Provisions


Sec. 651.1  Purpose and scope.

    This part implements the Fishery Management Plan for the Northeast 
Multispecies Fishery (FMP), as amended by the New England Fishery 
Management Council in consultation with the Mid-Atlantic Fishery 
Management Council. These regulations govern the conservation and 
management of multispecies finfish.


Sec. 651.2  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 sea scallop or scallop means the species Placopecten 
magellanicus throughout its range.
    Bottom-tending gillnet or sink gillnet means any gillnet, anchored 
or otherwise, that is designed to be, capable of being, or is fished on 
or near the bottom in the lower third of the water column.
    Butterfish means Peprilus triacanthus.
    Chair means the Chair of the Multispecies (Groundfish) Oversight 
Committee of the Council.
    Charter and party boats means vessels carrying recreational fishing 
persons or parties for a per capita fee or for a charter fee.
    Codend means the terminal section of a trawl net in which captured 
fish may accumulate.
    COLREGS Demarcation Lines means the lines of demarcation 
delineating those waters upon which mariners must comply with the 
International Regulations for Preventing Collisions at Sea, 1972 (33 
CFR part 80), and those waters upon which mariners shall comply with 
the Inland Navigation Rules.
    Combination vessel means a vessel that has fished in any one 
calendar year with scallop dredge gear and otter trawl gear during the 
period 1988 through 1990, and that is eligible for an allocation of DAS 
under the FMP and has applied for or been issued a Federal limited 
access scallop permit.
    Committee means the Multispecies (Groundfish) Oversight Committee 
of the Council.
    Council means the New England Fishery Management Council.
    DAS (Day(s)-at-sea) means the 24-hour periods of time during which 
a fishing vessel is absent from port for purposes of multispecies 
finfish fishing in which the vessel intends to possess or possesses 
more than the possession limit of regulated multispecies.
    Dealer means any person who receives multispecies finfish for a 
commercial purpose from the owner or operator of a vessel issued a 
valid Federal vessel permit under this part, other than exclusively for 
transport on land.
    Dredge or dredge gear means gear consisting of a mouth frame 
attached to a holding bag constructed of metal rings, or any other 
modification to this design, that can be or is used in the harvest of 
Atlantic sea scallops.
    Fishery Management Plan (FMP) means the Fishery Management Plan for 
Northeast Multispecies Fishery, as amended.
    Gillnet means fishing gear comprised of a net hung from a float-
line, with a lead-line on the bottom, such that it is designed to be or 
is configured vertically in the water column to entangle passing fish.
    Gross registered tonnage means the gross tonnage specified on the 
U.S. Coast Guard documentation.
    Harbor porpoise means Phocoena phocoena.
    Harbor Porpoise Review Team (HPRT) means a team of scientific and 
technical experts appointed by the Council to review, analyze, and 
propose harbor porpoise take mitigation alternatives.
    Herring means Atlantic herring, Clupea harengus harengus, or 
blueback herring, Alosa aestivalis.
    Hook gear means fishing gear that is comprised of a hook or hooks 
attached to a line and includes, but is not limited to, longline, 
setline, jigs, troll line, rod and reel, and line trawl.
    Land means to enter port with fish on board, to begin offloading 
fish, or to offload fish.
    Longline gear means fishing gear that is or is designed to be set 
horizontally, either anchored, floating, or attached to a vessel, and 
that consists of a main or ground line with three or more gangions and 
hooks.
    Mackerel means Atlantic mackerel, Scomber scombrus.
    Menhaden means Atlantic menhaden, Brevoortia tyrannus.
    Midwater trawl gear means trawl gear that is designed to fish for, 
capable of fishing for, or is being used to fish for pelagic species, 
no portion of which is designed to be or is operated in contact with 
the bottom at any time.
    Multispecies finfish or finfish means the following finfish:

    Gadus morhua--Atlantic cod.
    Glyptocephalus cynoglossus--witch flounder.
    Hippoglossoides platessoides--American plaice.
    Limanda ferruginea--yellowtail flounder.
    Macrozoarces americanus--ocean pout.
    Melanogrammus aeglefinus--haddock.
    Merluccius bilinearis--silver hake.
    Pollachius virens--pollock.
    Pseudopleuronectes americanus--winter flounder.
    Scophthalmus aquosus--windowpane flounder.
    Sebastes marinus--redfish.
    Urophycis chuss--red hake.
    Urophycis tenuis--white hake.

    NEFSC means the Northeast Fisheries Science Center of NMFS, NOAA.
    Northern shrimp means Pandalus borealis.
    Offload means to begin to remove, to remove, to pass over the rail, 
or otherwise take away fish from any vessel.
    Operator means the master, captain, or other individual on board a 
fishing vessel and in charge of that vessel's operations.
    Out of the multispecies fishery or DAS program means the period of 
time during which a vessel is absent from port for purposes of fishing 
in which the vessel possesses no more than the possession limit of 
regulated species.
    Pair trawl or pair trawling means to tow a single net between two 
vessels for the purpose of, or that is capable of, catching 
multispecies finfish.
    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.
    Purse seine gear means an encircling net with floats on the top 
edge, weights and a purse line on the bottom edge, and associated gear, 
or any net designed to be, or capable of being, used in such fashion.
    Recreational fishing means fishing that is not intended to, nor 
does it 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 Director, Northeast Region, NMFS, 1 
Blackburn Drive, Gloucester, MA 01930-2298, or a designee.
    Regulated species means the subset of multispecies finfish that 
includes Atlantic cod, witch flounder, American plaice, yellowtail 
flounder, haddock, pollock, winter flounder, windowpane flounder, 
redfish, and white hake.
    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 the period of time beginning at 0001 hours 
local time on Sunday and ending at 2400 hours local time the following 
Saturday.
    Re-rig or re-rigged means physical alteration of the vessel or its 
gear in order to transform the vessel into one capable of fishing 
commercially for multispecies finfish.
    Rigged hooks means hooks that are baited, or only need to be 
baited, in order to be fished. Unsecured, unbaited hooks and gangions 
are not considered to be rigged.
    Scallop dredge vessel means any fishing vessel, other than a 
combination vessel, that uses or is equipped to use dredge gear, and 
that has been issued or has applied for a Federal limited access 
scallop permit.
    Squid means Loligo pealei or Illex illecebrosus.
    Standard box means a box, typically constructed of wax-saturated 
cardboard or wood, designed to hold 125 pounds (56.6 kg) of fish plus 
ice, and that has a volume of not more than 5,100 cubic inches (2.95 
cu. ft or 83.57 cm\3\).
    Standard tote means a box typically constructed of plastic, 
designed to hold 100 pounds (45.3 kg) of fish plus ice, and that has a 
liquid capacity of 70 liters, or a volume of not more than 4320 cubic 
inches (2.5 cubic feet or 70.79 cubic cm\3\).
    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.
    Trip is the period of time during which a fishing vessel is absent 
from port, beginning when the vessel leaves port and ending when the 
vessel returns to port.
    Under agreement for construction or reconstruction means that the 
keel has been laid and that there is a written agreement to construct a 
fishing vessel.
    Vessel Tracking System (VTS) means a vessel tracking system as set 
forth in Sec. 651.28(a) and approved by NMFS for use by multispecies 
finfish vessels as required by this part.
    VTS unit means a device installed on board a vessel used for vessel 
tracking and transmitting the tracked position as required by this 
part.
    Whiting means Merluccius bilinearis.


Sec. 651.3  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 (e) of this 
section.
    (b) Additional regulations governing domestic fishing for squid, 
mackerel, and butterfish, which are affected by this part, are found at 
50 CFR part 655.
    (c) Additional regulations governing domestic fishing for summer 
flounder, which are affected by this part, are found at 50 CFR part 
625.
    (d) Additional regulations governing domestic fishing for Atlantic 
sea scallops, which are affected by this part, are found at 50 CFR part 
650.
    (e) Nothing in these regulations supersedes more restrictive state 
management measures for multispecies finfish.


Sec. 651.4  Vessel permits.

    Beginning on May 1, 1994, any vessel of the United States that 
fishes for, possesses, or lands multispecies finfish, except vessels 
that fish for multispecies finfish exclusively in state waters, and 
recreational fishing vessels, must have been issued and carry on board 
an authorizing letter issued under paragraph (a)(8)(v) of this section, 
a valid limited access multispecies permit, a valid hook-gear-only 
permit, or a valid possession-limit-only permit issued under this 
section. Until May 1, 1994, vessels that have been issued 1993 Federal 
multispecies permits, not otherwise subject to permit sanctions due to 
enforcement proceedings, may fish for, possess, or land multispecies 
finfish in or from the EEZ. Any other vessel of the United States may 
obtain an interim letter of authorization to fish for, possess, or land 
multispecies finfish until May 1, 1994, by submitting a 1993 permit 
application.
    (a) Limited access multispecies permits. Beginning on May 1, 1994, 
any vessel of the United States that possesses or lands more than the 
possession limit of regulated species specified under Sec. 651.27(a), 
except vessels fishing with fewer than 4,500 hooks that have been 
issued a hook-gear-only permit as specified in paragraph (b) of this 
section, vessels fishing for regulated species exclusively in state 
waters, and recreational fishing vessels, must have been issued and 
carry on board a valid Federal limited access multispecies permit, or 
an authorizing letter issued under paragraph (a)(8)(v) of this section. 
Until May 1, 1994, vessels that have been issued 1993 Federal 
multispecies permits, not otherwise subject to permit sanctions due to 
enforcement proceedings, may fish for, possess, or land multispecies 
finfish in or from the EEZ. Any other vessel of the United States may 
obtain an interim letter of authorization to fish for, possess, or land 
multispecies finfish until May 1, 1994, by submitting a 1993 permit 
application. To qualify for a limited access multispecies permit, a 
vessel must meet the following criteria, as applicable:
    (1) Eligibility in 1994. (i) To be eligible to obtain a limited 
access multispecies permit for 1994, a vessel must meet one of the 
following criteria:
    (A) The vessel had been issued a Federal multispecies permit as of 
February 21, 1991, or renewed a Federal multispecies permit in 1991 
that was issued before February 21, 1991, and the vessel landed 
multispecies finfish on at least one trip completed between January 1, 
1990, and February 21, 1991, inclusive; or
    (B) The vessel was under written agreement for construction or re-
rigging, or was under written contract for purchase as of February 21, 
1991, and the vessel was issued a Federal multispecies permit and 
landed multispecies finfish on at least one trip between February 21, 
1991, and February 21, 1992; or
    (C) The vessel is replacing a vessel that meets any of the criteria 
set forth in paragraphs (a)(1)(i) (A) or (B) of this section, and the 
vessel meets the criteria described in paragraph (a)(4) of this 
section.
    (ii) No more than one vessel may qualify, at any one time, for a 
limited access multispecies permit based on that or another vessel's 
fishing and permit history, unless authorized by the Regional Director. 
If more than one vessel owner claims eligibility for a limited access 
multispecies permit, based on one vessel's fishing and permit history, 
the Regional Director shall determine who is entitled to qualify for 
the limited access multispecies permit and the DAS allocation according 
to paragraph (a)(3) of this section.
    (iii) A limited access multispecies permit for 1994 will not be 
issued unless an application for such permit is received by the 
Regional Director on or before December 31, 1994.
    (2) Eligibility in 1995 and thereafter. To be eligible to renew or 
apply for a limited access multispecies permit after 1994, a vessel 
must have been issued a limited access multispecies permit for the 
preceding year, or the vessel must be replacing a vessel that had been 
issued a limited access multispecies permit for the preceding year, 
and, if applicable, the vessel must meet the criteria set forth in 
paragraph (a)(4) of this section. If more than one vessel owner claims 
eligibility to apply for a limited access multispecies permit based on 
one vessel's fishing and permit history after 1994, the Regional 
Director shall determine who is entitled to qualify for the limited 
access multispecies permit and the DAS allocation according to 
paragraph (a)(3) of this section.
    (3) Change in ownership. The fishing and permit history of a vessel 
is presumed to transfer with the vessel whenever it is bought, sold, or 
otherwise transferred, unless there is a written agreement, signed by 
the transferor/seller and transferee/buyer, or other credible written 
evidence, verifying that the transferor/seller is retaining the 
vessel's fishing and permit history for purposes of replacing the 
vessel.
    (4) Replacement vessels. To be eligible for a limited access 
permit, the replacement vessel must meet the following criteria:
    (i) The replacement vessel's horsepower may not exceed by more than 
20 percent the horsepower of the vessel it is replacing as of the date 
the vessel it is replacing was initially issued a 1994 limited access 
multispecies permit, as specified on a valid application for a permit 
under this section; except that, the horsepower of the replacement 
vessel may not exceed the horsepower of the vessel being replaced if 
the horsepower of the vessel being replaced has been increased through 
upgrade or vessel replacement from that specified when the vessel being 
replaced initially applied for a 1994 limited access multispecies 
permit; and
    (ii) The replacement vessel's length, gross registered tonnage, and 
net tonnage may not exceed by more than 10 percent the length, gross 
registered tonnage, and net tonnage of the vessel being replaced, based 
on specifications provided in the initial 1994 application for a 
limited access multispecies permit; except that the length, gross 
registered tonnage, and net tonnage of the replacement vessel may not 
exceed the length, gross registered tonnage, and net tonnage of the 
vessel initially issued a limited access multispecies permit if any or 
all of these specifications have been increased through upgrade or 
vessel replacement from that specified when the vessel being replaced 
initially applied for a 1994 limited access multispecies permit. For 
purposes of paragraph (a)(2), a vessel not required to be documented 
under title 46, U.S.C. will be considered to be 5 gross registered 
tons. For undocumented vessels, net tonnage does not apply.
    (5) Upgraded vessel. To remain eligible to retain a valid limited 
access multispecies permit, or to apply for or renew a limited access 
multispecies permit, a vessel may be upgraded, whether through 
refitting or replacement, only if the upgrade complies with the 
following limitations:
    (i) The vessel's horsepower may be increased, whether through 
refitting or replacement, only once. Such an increase may not exceed 20 
percent of the horsepower of the vessel initially issued a 1994 limited 
access multispecies permit as specified in that vessel's permit 
application for a 1994 limited access multispecies permit; and
    (ii) The vessel's length, gross registered tonnage, and net tonnage 
may be upgraded, whether through refitting or replacement, only once. 
Such an increase shall not exceed 10 percent each of the length, gross 
registered tonnage, and net tonnage of the vessel initially issued a 
1994 limited access multispecies permit as specified in that vessel's 
application for a 1994 limited access multispecies permit. This 
limitation allows only one upgrade, at which time any or all three 
specifications of vessel size may be increased. This type of upgrade 
may be done separately from an engine horsepower upgrade.
    (iii) A replacement of a vessel that does not result in increasing 
horsepower, length, gross registered tonnage or net tonnage is not 
considered an upgrade for purposes of this section.
    (6) Notification of eligibility for 1994. (i) NMFS will attempt to 
notify all owners of vessels for which NMFS has credible evidence that 
they meet the criteria described in paragraph (a)(1) of this section, 
that they qualify for a limited access multispecies permit if they meet 
the requirements contained in paragraphs (d) through (h) of this 
section.
    (ii) If a vessel owner has not been notified that the vessel is 
eligible to be issued a limited access multispecies permit, and the 
vessel owner believes that there is credible evidence that the vessel 
does qualify under the pertinent criteria, the vessel owner may apply 
for a limited access multispecies permit by meeting the requirements 
described under paragraphs (e) and (f) of this section and by 
submitting the information described in paragraphs (a) (1) through (5) 
of this section. In the event the application is denied, the applicant 
may appeal as specified in paragraph (a)(8) of this section. If, 
through either of these procedures, the Regional Director determines 
that the vessel meets the eligibility criteria, a limited access 
multispecies permit will be issued to the vessel.
    (7) Consolidation restriction. Limited access multispecies permits 
and DAS allocations may not be combined or consolidated.
    (8) Appeal of denial of limited access multispecies permit.
    (i) Any applicant denied a limited access multispecies permit may 
appeal the denial to the Regional Director within 30 days of the notice 
of denial. Any such appeal must be based on one or more of the 
following grounds, must be in writing, and must state the grounds for 
the appeal:
    (A) The information used by the Regional Director was based on 
mistaken or incorrect data;
    (B) The applicant was prevented by circumstances beyond his/her 
control from meeting relevant criteria; or
    (C) The applicant has new or additional information.
     (ii) The Regional Director will appoint a designee who will make 
the initial decision on the appeal.
    (iii) The appellant may request a review of the initial decision by 
the Regional Director by so requesting in writing within 30 days of the 
notice of the initial decision. If the appellant does not request a 
review of the initial decision within 30 days, the initial decision 
shall become the final administrative action of the Department of 
Commerce.
    (iv) Upon receiving the findings and a recommendation, the Regional 
Director will issue a final decision on the appeal. The Regional 
Director's decision is the final administrative action of the 
Department of Commerce.
    (v) Status of vessels pending appeal of a limited access 
multispecies permit denial. A vessel for which an application has been 
completed and an appeal has been initiated may fish under the Fleet DAS 
program if it has appealed the denial, the appeal is pending, and the 
vessel has on board a letter from the Regional Director, authorizing 
the vessel to fish under the Fleet DAS. The Regional Director will 
issue such a letter for the pendency of any appeal. Any such decision 
is the final administrative action of the Department of Commerce on 
allowable fishing activity pending a final decision on the appeal. The 
authorizing letter must be carried on board the vessel while 
participating in the DAS program. If the appeal is finally denied, the 
Regional Director shall send a notice of final denial to the vessel 
owner; the authorizing letter becomes invalid 5 days after receipt of 
the notice of denial.
    (9) Adjustments to limited access multispecies permits. In 1996 and 
thereafter, the Council may adjust the criteria for issuance of a 
limited access multispecies permit. In making the adjustment, the 
Council shall take into consideration the fishing mortality goals and 
the objectives of the FMP. Any such adjustment may be made following a 
reappraisal and analysis under the framework provisions specified in 
subpart C of this part.
    (b) Hook-gear-only permit. Beginning on May 1, 1994, any vessel of 
the United States that does not have on board a valid limited access 
multispecies permit or a possession-limit-only permit, except vessels 
that fish exclusively in state waters for multispecies finfish and 
recreational fishing vessels, may possess and land multispecies finfish 
if it never sets, per day, or possesses, more than 4,500 rigged hooks 
as specified in Sec. 651.33, and has on board a valid hook-gear-only 
permit. A hook-gear-only permit may be issued to a vessel regardless of 
whether it qualifies for a limited access multispecies permit. Until 
May 1, 1994, vessels that have been issued 1993 Federal multispecies 
permits, not otherwise subject to permit sanctions due to enforcement 
proceedings may fish for, possess, or land multispecies finfish in or 
from the EEZ. Any other vessel of the United States may obtain an 
interim letter of authorization to fish for, possess, or land 
multispecies finfish until May 1, 1994, by submitting a 1993 permit 
application.
    (c) Possession-limit-only permit. Any vessel of the United States 
that does not have on board a valid limited access multispecies permit 
or hook-gear-only permit, and that possesses or lands no more than the 
possession limit of multispecies finfish specified under 
Sec. 651.27(a), except vessels that fish exclusively in state waters 
for multispecies finfish and recreational fishing vessels, must have 
aboard a valid possession-limit-only permit. Until May 1, 1994, vessels 
that have been issued 1993 Federal multispecies permits, not otherwise 
subject to permit sanctions due to enforcement proceedings may fish 
for, possess, or land multispecies finfish in or from the EEZ. Any 
other vessel of the United States may obtain an interim letter of 
authorization to fish for, possess, or land multispecies finfish until 
May 1, 1994, by submitting a 1993 permit application.
    (d) Condition. Vessel owners who apply for a permit under this 
section must agree as a condition of the permit that the vessel 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 such fish or gear are possessed, taken, or landed), are 
subject to all requirements of this part. The vessel and all such 
fishing, catch, and gear shall remain subject to all applicable state 
or local requirements. If a requirement of this part and a management 
measure required by state or local law differ, any vessel owner 
permitted to fish in the EEZ must comply with the more restrictive 
requirement.
    (e) Vessel permit application. Applicants for a permit under this 
section must submit a completed application on an appropriate form 
obtained from the Regional Director. The application must be signed by 
the owner of the vessel, or the owner's authorized representative, and 
be submitted to the Regional Director at least 30 days before 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. Applicants for limited access 
multispecies permits who have not been notified of eligibility by the 
Regional Director shall provide information with the application 
sufficient for the Regional Director to determine whether the vessel 
meets the eligibility requirements specified under paragraph (a)(1) of 
this section. Applications for 1994 limited access multispecies permits 
under this section will not be accepted after December 31, 1994. 
Acceptable forms of proof include, but are not limited to, state weigh-
out records, packout forms, settlement sheets, grocery receipts, fuel 
receipts, and bridge logs.
    (f) Information requirements. (1) In addition to applicable 
information required to be provided by paragraph (e) of this section, 
an application for either a limited access multispecies, hook-gear-
only, or possession-limit-only permit 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 copy of 
vessel's U.S. Coast Guard documentation or, if undocumented, state 
registration number and a copy of the state registration; home port and 
principal port of landing; 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, 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 having owned more 
than a 25-percent interest; and name and signature of the owner or the 
owner's authorized representative.
    (2) Applications for a limited access multispecies permit must also 
contain the following information:
    (i) The engine horsepower of the vessel as specified in the 
vessel's most recent permit application for a Federal Fisheries Permit 
before May 1, 1994. If the engine horsepower was changed or a contract 
to change the engine horsepower had been entered into prior to May 1, 
1994 such that it is different from that stated in the vessel's most 
recent application for a Federal Fisheries Permit before May 1, 1994, 
sufficient documentation to ascertain the different engine horsepower. 
However, the engine replacement must be completed within 1-year of the 
date of when the contract for the replacement engine was signed.
    (ii) The length, gross tonnage, and net tonnage of the vessel as 
specified in the vessel's most recent permit application for a Federal 
Fisheries Permit before May 1, 1994. If the length, gross tonnage, or 
net tonnage was changed or a contract to change the length, gross 
tonnage or net tonnage had been entered into prior to May 1, 1994 such 
that it is different from that stated in the vessel's most recent 
application for a Federal Fisheries Permit, sufficient documentation to 
ascertain the different length, gross tonnage or net tonnage. However, 
the upgrade must be completed within 1 year of the date of when the 
contract for the upgrade was signed.
    (iii) If the vessel owner is applying to fish under the individual 
DAS program specified in this section, the application must include 
such election.
    (iv) In 1995, if the vessel owner is applying to fish under a 
different DAS program than was assigned for 1994, the application must 
include such election and the vessel must fish only in that category 
for the entire year.
    (v) For 1996 and thereafter, a vessel, when fishing under the DAS 
program, may fish only under the DAS program assigned to it in 1995, or 
if not assigned in 1995, the DAS program assigned to it on its initial 
permit to fish under the DAS program. However, any vessel may elect for 
any year to fish under a hook-gear-only permit if it meets the 
requirements specified in paragraph (b) of this section.
    (vi) Beginning on September 1, 1994, if the vessel is a combination 
vessel, or if the applicant elects to take an Individual DAS allocation 
or to use a VTS unit, although not required, a copy of the vendor 
installation receipt from a NMFS-certified VTS vendor as described in 
Sec. 651.28(a).
    (g) 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 shall be 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.
    (h) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904 and under paragraph (a)(9) of this section, the Regional Director 
shall issue a Federal multispecies vessel permit within 30 days of 
receipt of the application unless:
    (i) The applicant has failed to submit a completed application. An 
application is complete when all requested forms, information, 
documentation, and fees, if applicable, have been received and the 
applicant has submitted all applicable reports specified at Sec. 651.7; 
or
    (ii) The application was not received by the Regional Director by 
the deadlines set forth in paragraphs (a)(1)(iii) and (p) of this 
section; or
    (iii) The applicant and applicant's vessel failed to meet all 
eligibility requirements described in paragraph (a) (1) and (2) of this 
section; or
    (iv) The applicant applying for a permit for a combination vessel, 
electing to participate in the Individual DAS program, or electing to 
use a VTS, has failed to meet all of the VTS requirements as described 
in Sec. 651.28; or
    (v) The applicant has failed to meet any other application 
requirements stated in this part.
    (2) Upon receipt of an incomplete or improperly executed 
application, the Regional Director shall 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.
    (i) Expiration. Federal fishing permits must be renewed annually, 
and unless renewed will expire upon the renewal date specified in the 
permit.
    (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 vessel and owner to whom 
it is issued.
    (m) Change in application information. Within 15 days after a 
change in the information contained in an application submitted under 
this section, a written notice of the change must be submitted to the 
Regional Director. 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. Any permit issued under this part 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.
    (q) Limited access multispecies permit renewal. To renew or apply 
for a limited access multispecies permit in 1995 and thereafter, a 
completed application must be received by the Regional Director by 
December 31 of the year before the permit is needed. Failure to renew a 
limited access multispecies permit in any year bars the renewal of the 
permit in subsequent years.
    (r) Abandonment or voluntary relinquishment of limited access 
multispecies permits. If a vessel's limited access multispecies permit 
is voluntarily relinquished to the Regional Director, or abandoned 
through failure to renew or otherwise, no limited access multispecies 
permit may be re-issued or renewed based on that vessel's history or to 
any vessel relying on that vessel's history.
    (s) Restriction on the issuance of limited access multispecies 
permits to vessels qualifying for other Federal limited access permits. 
A limited access multispecies permit may not be issued to a vessel or 
its replacement, or remain valid, if the vessel's permit or fishing 
history has been used to qualify another vessel for another Federal 
fishery.


Sec. 651.5   Operator permits.

    (a) General. Any operator of a vessel holding a valid Federal 
multispecies permit under this part, or any operator of a vessel 
fishing for multispecies finfish in the EEZ or in possession of 
multispecies finfish in or harvested from the EEZ, must carry on board 
a valid operator's permit issued under this part.
    (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 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. 651.4. 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 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.
    (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 considered abandoned.
    (g) Expiration. Federal operator permits must be renewed annually, 
and unless renewed 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 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 part 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. 651.6   Dealer permits.

    (a) All dealers must have been issued and have in their possession 
a valid permit issued under this part.
    (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 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.
    (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. 651.7(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. Federal dealer permits must be renewed annually, 
and unless renewed, will expire upon the renewal date specified in the 
permit.
    (g) Duration. A permit is valid until it is revoked, suspended, or 
modified 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. 651.7  Recordkeeping and reporting.

    (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.
    (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 request by an authorized officer or by an 
employee of NMFS designated by the Regional Director to make such 
inspections, the dealer must make permanently available for inspection, 
copies of the required reports that have been submitted, should have 
been submitted, or 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 sent and, if mailed, 
postmarked 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.
    (b) Vessel owners.--(1) Fishing log reports. The owner of any 
vessel issued a Federal multispecies permit under Sec. 651.4 must 
maintain, on board the vessel, and submit an accurate daily fishing log 
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, for example, using the VTS, or through other media. The 
following information and any other information required by the 
Regional Director must be provided: Vessel name, U.S. Coast Guard 
documentation number (or state registration number if undocumented), 
and 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. Such log reports must be filled in, 
except for information required but not yet ascertainable, before 
offloading has begun. At the end of a fishing trip, 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. Owners and operators shall, immediately upon 
request, make the fishing log reports currently in use or to be 
submitted available for inspection by an authorized officer, or by an 
employee of NMFS designated by the Regional Director to make such 
inspections, at any time during or after a trip.
    (4) Record retention. Copies of 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. 651.8  Vessel identification.

    (a) Vessel name. Each fishing vessel subject to this part and that 
is over 25 ft (7.6 m) in length must display its name on the port and 
starboard sides of its bow and, if possible, on its stern.
    (b) Official number. Each fishing vessel subject to this part that 
is 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. The official number must be permanently affixed in 
contrasting block Arabic numerals at least 18 inches (45.7 cm) in 
height for vessels over 65 feet (19.8 m), 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 and operator. The owner and operator of each 
vessel subject to this part shall:
    (1) Keep the vessel 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 an enforcement vessel or aircraft.


Sec. 651.9  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 holding a valid Federal multispecies vessel permit issued under 
this part, issued a permit under Sec. 651.5 or a letter under 
Sec. 651.4(a)(8)(v), to do any of the following:
    (1) Possess or land multispecies finfish smaller than the minimum 
size as specified in Sec. 651.23.
    (2) Fail to comply in an accurate and timely fashion with the log 
report, reporting, record retention, inspection, and other requirements 
of Sec. 651.7(b).
    (3) Fish for, possess, or land multispecies finfish unless the 
operator of the vessel has been issued an operator's permit under 
Sec. 651.5, and a valid permit is on board the vessel.
    (4) Fail to report to the Regional Director within 15 days any 
change in the information contained in the permit application as 
required under Sec. 651.4(m) or Sec. 651.5(k).
    (5) Fail to affix and maintain permanent markings as required by 
Sec. 651.8.
    (6) Sell, transfer, or attempt to sell or transfer to a dealer any 
multispecies finfish unless the dealer has a valid Federal Dealer's 
Permit issued under Sec. 651.6.
    (7) Land, offload, remove, or otherwise transfer or attempt to 
land, offload, remove, or otherwise transfer multispecies finfish or 
fish from one vessel to another vessel or other floating conveyance.
    (8) Refuse or fail to carry an observer if requested to do so by 
the Regional Director.
    (9) Interfere with or bar by command, impediment, threat, coercion, 
or refusal of reasonable assistance, an observer conducting his or her 
duties aboard a vessel.
    (10) Fail to provide an observer with the required food, 
accommodations, access, and assistance, as specified in Sec. 651.31.
    (11) Land haddock from, or possess haddock on board, a sea scallop 
dredge vessel as specified in Sec. 651.27(b)(1).
    (12) Land, or possess on board a vessel, more than 500 lbs (226.8 
kg) of haddock, as specified in Sec. 651.27(b)(2) or violate any of the 
other provisions specified in Sec. 651.27(b)(2).
    (13) Fish with, set, haul back, possess on board a vessel, or fail 
to remove from all waters, a sink gillnet during the times specified in 
Sec. 651.32(b).
    (b) In addition to the prohibitions specified in paragraph (a) of 
this section, it is unlawful for any person owning or operating a 
vessel issued a limited access permit under Sec. 651.4(a) or a letter 
under Sec. 651.4(a)(8)(v), to do any of the following:
    (1) Possess or land more than 500 lbs. (226.8 kg) of regulated 
species per trip after using up the vessel's annual DAS allocation or 
when not participating under the DAS program pursuant to Sec. 651.22.
    (2) If required to have a VTS unit as specified in Sec. 651.28(a) 
or Sec. 651.29(a):
    (i) Fail to have a certified, operational, and functioning VTS unit 
that meets the specifications of Sec. 651.28(a) on board the vessel at 
all times.
    (ii) Fail to comply with the notification, replacement, or any 
other requirements regarding VTS usage as specified in Sec. 651.29(a).
    (3) Combine, transfer, or consolidate DAS allocations.
    (4) Fish for, possess, or land multispecies finfish with or from a 
vessel that has had the horsepower of such vessel or its replacement 
upgraded or increased in excess of the limitations specified in 
Sec. 651.4(a)(5)(i).
    (5) Fish for, possess, or land multispecies finfish with or from a 
vessel that has had the length, gross registered tonnage, or net 
tonnage of such vessel or its replacement increased or upgraded in 
excess of limitations specified in Sec. 651.4(a)(5)(ii).
    (6) Fail to comply with any requirement regarding the DAS 
notification as specified in Sec. 651.29.
    (7) If not fishing under the VTS system, fail to have on board the 
vessel a card issued by the Regional Director, as specified in 
Sec. 651.29(b).
    (8) Fail to notify that a vessel is participating in the DAS 
program as specified in Sec. 651.29(b).
    (9) Fail to comply with the other methods of notification 
requirements, including a call-in system as specified in 
Sec. 651.29(c), if required by the Regional Director.
    (10) Fail to provide notification of the beginning or ending of a 
DAS before leaving port or before returning to port, as required under 
Sec. 651.29 (b) or (c).
    (c) In addition to the prohibitions specified in paragraph (a) of 
this section, it is unlawful for any person owning or operating a 
vessel issued a hook-gear-only permit under Sec. 651.4(b) to fish with, 
set, or haul back more than 4,500 rigged hooks per day, or to possess 
on board a vessel more than 4,500 rigged hooks while the vessel, and 
persons on the vessel, are in possession of or landing more than 500 
lbs. (226.8 kg) of, or fishing for regulated species.
    (d) In addition to the prohibitions specified in paragraph (a) of 
this section, it is unlawful for any person owning or operating a 
vessel issued a possession-limit-only permit under Sec. 651.4(c) to 
possess or land per trip more than 500 lbs (226.8 kg) of regulated 
species.
    (e) In addition to the general prohibitions specified in Sec. 620.7 
of this chapter and the prohibitions specified in paragraphs (a) 
through (d) of this section, it is unlawful for any person to do any of 
the following:
    (1) Fish for, possess, or land multispecies finfish unless:
    (i) The multispecies finfish were being fished for or harvested by 
a vessel holding a valid Federal multispecies permit under this part, 
or a letter under Sec. 651.4(a)(8)(v), and the operator on board such 
vessel has been issued an operator's permit under Sec. 651.5 and has a 
valid permit on board the vessel;
    (ii) The multispecies finfish were harvested by a vessel not issued 
a Federal multispecies permit that fishes for multispecies finfish 
exclusively in state waters; or
    (iii) The multispecies finfish were harvested by a recreational 
fishing vessel.
    (2) Possess or land regulated species in excess of 500 lbs (226.8 
kg) per trip on or after May 1, 1994, as specified in Sec. 651.27 
unless:
    (i) The multispecies finfish were harvested by a vessel that has 
been issued a limited access permit under Sec. 651.4(a), a hook-gear-
only permit under Sec. 651.4(b), or a letter under Sec. 651.4(a)(8)(v); 
or
    (ii) The regulated species were harvested by a vessel that 
qualifies for the exception specified in paragraph (e)(1)(ii) of this 
section.
    (3) Land, offload, cause to be offloaded, sell, or transfer; or 
attempt to land, offload, cause to be offloaded, sell, or transfer 
multispecies finfish from a fishing vessel, whether on land or at sea, 
as an owner or operator without accurately preparing and submitting, in 
a timely fashion, the documents required by Sec. 651.7, unless the 
multispecies finfish were harvested by a vessel that qualifies for the 
exception specified in paragraph (e)(1)(ii) of this section.
    (4) Purchase or receive multispecies finfish, or attempt to 
purchase or receive multispecies finfish, whether on land or at sea, as 
a dealer without accurately preparing, submitting in a timely fashion, 
and retaining the documents required by Sec. 651.7.
    (5) Land, offload, remove, or otherwise transfer, or attempt to 
land, offload, remove or otherwise transfer multispecies finfish from 
one vessel to another vessel, unless both vessels qualify under the 
exception specified in paragraph (e)(1)(ii) of this section, or unless 
authorized in writing by the Regional Director.
    (6) Sell, barter, trade, or otherwise transfer; or attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose any 
multispecies finfish from a trip unless the vessel is holding a valid 
Federal multispecies permit under this part, or a letter under 
Sec. 651.4(a)(8)(v), or the multispecies finfish were harvested by a 
vessel without a Federal multispecies permit that fishes for 
multispecies finfish exclusively in state waters.
    (7) Purchase, possess, or receive for a commercial purpose, or 
attempt to purchase, possess, or receive for a commercial purpose in 
the capacity of a dealer, multispecies finfish taken from a fishing 
vessel, unless in possession of a valid dealer permit issued under 
Sec. 651.6; except that this prohibition does not apply to multispecies 
finfish taken from a vessel that qualifies for the exception specified 
in paragraph (e)(1)(ii) of this section.
    (8) Purchase, possess, or receive for commercial purposes 
multispecies finfish caught by a vessel other than one holding a valid 
Federal multispecies permit under this part, or a letter under 
Sec. 651.4(a)(8)(v), unless the multispecies finfish were harvested by 
a vessel that qualifies for the exception specified in paragraph 
(e)(1)(ii) of this section.
    (9) To be or act as an operator of a vessel fishing for or 
possessing multispecies finfish in or from the EEZ, or holding a 
Federal multispecies permit under this part without having been issued 
and possessing a valid operator's permit issued under Sec. 651.5.
    (10) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with a NMFS-approved observer aboard a vessel.
    (11) Make any false statement, oral or written, to an authorized 
officer or employee of NMFS, concerning the taking, catching, 
harvesting, landing, purchase, sale, or transfer of any multispecies 
finfish.
    (12) Make any false statement in connection with an application 
under Secs. 651.4 or 651.5 or on any report required to be submitted or 
maintained under Sec. 651.7.
    (13) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VTS, VTS 
unit, or VTS signal required to be installed on or transmitted by 
vessel owners or operators required to use a VTS by this part.
    (14) Fish with or possess within the areas described in 
Sec. 651.20(a)(1) nets of mesh smaller than the minimum size specified 
in Sec. 651.20(a)(2), unless the vessel is exempted under 
Sec. 651.20(a)(3) or (a)(4), or unless the vessel qualifies for the 
exception specified in paragraph (e)(1)(ii) of this section.
    (15) Fish with or possess within the area described in 
Sec. 651.20(b)(1) nets of mesh smaller than the minimum size specified 
in Sec. 651.20(b)(2), unless the vessel qualifies for the exception 
specified in paragraph (e)(1)(ii) of this section.
    (16) Fish with or possess within the area described in 
Sec. 651.20(c)(1), nets of mesh smaller than the minimum size specified 
in Sec. 651.20(c)(2), unless the vessel possesses no more regulated 
species than the possession limit specified in Sec. 651.27(a), or 
unless the nonconforming mesh is stowed in accordance with 
Sec. 651.20(c)(4), or unless the vessel qualifies for the exception 
specified in paragraph (e)(1)(ii) of this section.
    (17) Fish with or possess within the areas described in 
Sec. 651.20(d)(1), nets of mesh smaller than the minimum size specified 
in Sec. 651.20(d)(2), unless the vessel possesses no more regulated 
species than the possession limit specified in Sec. 651.27(a), or 
unless the nonconforming mesh is stowed in accordance with 
Sec. 651.20(c)(4), or unless the vessel qualifies for the exception 
specified in paragraph (e)(1)(ii) of this section.
    (18) Enter the area described in Sec. 651.21(a) on a fishing vessel 
during a period in which the area is closed, except as specified in 
that section.
    (19) Fish with, set, haul back, have on board a fishing vessel, or 
fail to remove sink gillnet gear in or from the area specified in 
Sec. 651.21(a) during the time period specified in Sec. 651.21(a)(1).
    (20) Enter the area described in Sec. 651.21(b) on a fishing vessel 
during the time period specified in Sec. 651.21(b)(3), except as 
specified by Sec. 651.21(b)(4).
    (21) Fish in the area described in Sec. 651.21(c), if the area has 
been closed as provided for in Sec. 651.21(c), except as provided by 
Sec. 651.21(c)(5).
    (22) Fail to comply with the gear-marking requirements of 
Sec. 651.25.
    (23) Import, export, transfer, land, or possess regulated species 
that are smaller than the minimum sizes as specified in Sec. 651.23, 
unless the regulated species were harvested from a vessel that 
qualifies for the exception specified in paragraph (e)(1)(ii) of this 
section.
    (24) Interfere with, obstruct, delay, or prevent by any means 
lawful investigation or search relating to the enforcement this part.
    (25) Fish within the areas described in Sec. 651.20(a)(4) with nets 
of mesh smaller than the minimum size specified in Sec. 651.20(a)(2), 
unless the vessel is issued and possesses on board the vessel an 
authorizing letter issued under Sec. 651.20(a)(4)(i).
    (26) Violate any provisions of the Cultivator Shoals Whiting 
Fishery specified in Sec. 651.20(a)(4).
    (27) Fish for, land, or possess multispecies finfish harvested by 
means of pair trawling or with pair trawl gear, except under the 
provisions of Sec. 651.20(e), or unless the vessels that engaged in 
pair trawling qualify for the exception specified in paragraph 
(e)(1)(ii) of this section.
    (28) Fish for, harvest, possess, or land in or from the EEZ 
northern shrimp, unless such shrimp were fished for or harvested by a 
vessel meeting the requirements specified in Sec. 651.20(a)(3)(ii).
    (29) Fail to comply with the requirements as specified in 
Sec. 651.20(a)(5).
    (30) Fish for the species specified in Sec. 651.20 (e) or (f) with 
a net of mesh size smaller than the applicable mesh size by area fished 
specified in Sec. 651.20, or possess or land such species, unless the 
vessel is in compliance with the requirements specified in Sec. 651.20 
(e) or (f), or unless the vessel qualifies for the exception specified 
in paragraph (e)(1)(ii) of this section.
    (31) Fish with, set, haul back, possess on board a vessel, or fail 
to remove from the EEZ, a sink gillnet during the times specified in 
Sec. 651.32(b).
    (32) Violate any provision specified under Sec. 651.29.
    (33) Land haddock from, or possess haddock on board, a sea scallop 
dredge vessel as specified in Sec. 651.27(b)(1).
    (34) Land, or possess on board a vessel, more than 500 lbs (226.8 
kg) of haddock in, or harvested from, the EEZ as specified in 
Sec. 651.27(b)(2) or violate any of the other provisions specified in 
Sec. 651.27(b)(2).
    (35) To purchase, possess, or receive as a dealer, or in the 
capacity of a dealer, regulated species from a vessel issued a federal 
multispecies permit in excess of the possession limit applicable to a 
vessel as specified in Sec. 651.27.
    (f) It is unlawful to violate any other provision of this part, the 
Magnuson Act, or any regulation or permit issued under the Magnuson 
Act.
    (g) Presumption. The possession for sale of regulated species that 
do not meet the minimum sizes specified in Sec. 651.23 for sale will be 
prima facie evidence that such regulated species were taken or imported 
in violation of these regulations. Evidence that such fish were 
harvested by a vessel not issued a permit under this part and fishing 
exclusively within state waters will be sufficient to rebut the 
presumption. This presumption does not apply to fish being sorted on 
deck.


Sec. 651.10  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.


Sec. 651.11  Penalties.

    See Sec. 620.9 of this chapter.

Subpart B--Management Measures


Sec. 651.20  Regulated mesh areas and restrictions on gear and methods 
of fishing.

    All vessels fishing for, harvesting, possessing, or landing 
multispecies finfish in or from the EEZ and all vessels holding a 
Federal multispecies permit under this part must comply with the 
following restrictions on minimum mesh size, gear, and methods of 
fishing, unless otherwise exempted or prohibited.
    (a) Gulf of Maine/Georges Bank (GOM/GB) regulated mesh area. (1) 
Area definition. The Gulf of Maine/Georges Bank regulated mesh area is 
that area:
    (i) Bounded on the east by the U.S.-Canada maritime boundary, 
defined by straight lines connecting the following points in the order 
stated (see Figure 1 to Part 651): 

             Gulf of Maine/Georges Bank Regulated Mesh Area             
------------------------------------------------------------------------
                Point                     Latitude          Longitude   
------------------------------------------------------------------------
G1..................................  (\1\)             (\1\)           
G2..................................  43 deg.58' N.     67 deg.22' W.   
G3..................................  42 deg.53.1' N.   67 deg.44.4' W. 
G4..................................  42 deg.31' N.     67 deg.28.1' W. 
G5..................................  41 deg.18.6' N.   66 deg.24.8' W. 
------------------------------------------------------------------------
\1\The intersection of the shoreline and the U.S.-Canada maritime       
  boundary [southward along the irregular U.S.-Canada maritime          
  boundary].                                                            

    (ii) Bounded on the south by straight lines connecting the 
following points in the order stated:

----------------------------------------------------------------------------------------------------------------
               Point                     Latitude            Longitude          Approximate Loran C bearings    
----------------------------------------------------------------------------------------------------------------
G6................................  40 deg.55.5' N.     66 deg.38' W.       5930-Y-30750 and                    
                                                                            9960-Y-43500                        
G7................................  40 deg.45.5' N.     68 deg.00' W.       9960-Y-43500 and                    
                                                                            68 deg.00# W.                       
G8................................  40 deg.37' N.       68 deg.00' W.       9960-Y-43450 and                    
                                                                            68 deg.00# W.                       
G9................................  40 deg.30.5' N.     69 deg.00' W.                                           
G10...............................  40 deg.50' N.       69 deg.00' W.                                           
G11...............................  40 deg.50' N.       70 deg.00' W.                                           
G12...............................  ..................  70 deg.00' W.\1\                                        
----------------------------------------------------------------------------------------------------------------
\1\Northward to its intersection with the shoreline of mainland Massachusetts.                                  

    (2) Mesh-size restrictions. Except as provided in paragraphs (a)(3) 
through (5), (e), and (f) of this section, the minimum mesh size for 
any trawl net, sink gillnet, Scottish seine, or midwater trawl, on a 
vessel, or used by a vessel fishing in the GOM/GB regulated mesh area, 
shall be 6 inches (15.24 cm) diamond or square mesh throughout the 
entire net. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m)  x  3 ft (0.9 m) 3 (9 sq. ft (0.81 m\2\)), or 
to vessels not holding a Federal multispecies permit under this part 
and that are fishing exclusively in state waters.
    (3) Small-mesh exemption area. Notwithstanding the provisions of 
paragraph (a)(2) of this section, a vessel may fish with, use, or 
possess nets of mesh smaller than the minimum size specified in 
paragraph (a)(2) of this section in the GOM/GB small mesh exemption 
area, if the vessel complies with the requirements specified in 
paragraphs (a)(3)(i) and (ii) of this section, if applicable. The GOM/
GB small mesh exemption area is defined as the area between the 
territorial sea and the straight lines connecting the following points 
in the order stated (see Figure 1 to Part 651): 

                    GOM/GB Small-Mesh Exemption Area                    
------------------------------------------------------------------------
 Point             Latitude                        Longitude            
------------------------------------------------------------------------
SM1.....  41 deg.35' N.                70 deg.00' W.                    
SM2.....  41 deg.35' N.                69 deg.40' W.                    
SM3.....  42 deg.49.5' N.              69 deg.40' W.                    
SM4.....  43 deg.12' N.                69 deg.00' W.                    
SM5.....  43 deg.41' N.                68 deg.00' W.                    
G2......  43 deg.58' N.                67 deg.22' W.; (the U.S.-Canada  
                                        maritime Boundary).             
G1......  (\1\)                        (\1\)                            
------------------------------------------------------------------------
\1\Northward along the irregular U.S.-Canada maritime boundary to the   
  shoreline.                                                            

    (i) Possession limit exemption. A vessel may not possess on board 
or land per trip more than 500 lbs. (226.8 kg) of regulated species.
    (ii) Northern shrimp exemption. A vessel holding a Federal 
multispecies permit under this part that is fishing for, harvesting, 
possessing, or landing northern shrimp, and a vessel fishing for, 
harvesting, or possessing northern shrimp in the EEZ, must have a 
properly configured and installed finfish excluder device in any net 
used to fish for or harvest northern shrimp, during the northern shrimp 
season as established by the Atlantic States Marine Fisheries 
Commission (ASMFC). The northern shrimp season is December 1 through 
May 30, or as modified by the ASMFC. The finfish excluder device must 
be configured and installed consistent with the following 
specifications (see Figure 2 to part 651) for an example of a properly 
configured and installed finfish excluder device):
    (A) A finfish excluder device is a rigid or semi-rigid grate 
consisting of parallel bars of not more than 1 inch (2.54 cm) spacing 
that excludes all fish and other objects, except those that are small 
enough to pass between its bars into the codend of the trawl.
    (B) The finfish excluder device must be secured in the trawl, 
forward of the codend, in such a manner that it precludes the passage 
of fish or other objects into the codend without the fish or objects 
having first passed between the bars of the grate.
    (C) A fish outlet or hole must be provided to allow fish or other 
objects that are too large to pass between the bars of the grate to 
pass out of the net. The aftermost edge of this outlet must be at least 
as wide as the grate at the point of attachment. The fish outlet must 
extend forward from the grate toward the mouth of the net.
    (D) A funnel of net material is allowed in the lengthening piece of 
the net forward of the grate to direct catch towards the grate.
    (4) Cultivator Shoal whiting (silver hake) fishery exemption area. 
Notwithstanding the provisions of paragraph (a)(2) of this section, a 
vessel may fish with, use, or possess nets of mesh smaller than the 
minimum size specified in paragraph (a)(2) of this section in the 
Cultivator Shoal whiting fishery exemption area, if the vessel complies 
with the requirements specified in paragraph (a)(4)(i) of this section. 
The Cultivator Shoal whiting fishery exemption area is defined by 
straight lines connecting the following points in the order stated (see 
Figure 1 to part 651):

                                 Cultivator Shoal Whiting Fishery Exemption Area                                
----------------------------------------------------------------------------------------------------------------
                                                                                               Approximate Loran
                        Point                               Latitude           Longitude          coordinates   
----------------------------------------------------------------------------------------------------------------
C1...................................................  42 deg.10' N.       68 deg.10' W.              1313243970
C2...................................................  41 deg.25' N.       68 deg.45' W.              1352743767
C3...................................................  41 deg.05' N.       68 deg.20' W.              1349543627
C4...................................................  41 deg.55' N.       67 deg.40' W.              1307443861
C1...................................................  42 deg.10' N.       68 deg.10' W.              1313243970
----------------------------------------------------------------------------------------------------------------

    (i) Requirements. Vessels fishing in this fishery must have on 
board an authorizing letter issued by the Regional Director. Vessel 
owners are subject to the following conditions:
    (A) A bycatch limit (as defined in Sec. 651.2) not to exceed 500 
lbs (226.8 kg) of regulated species;
    (B) A minimum mesh size of 2\1/2\ inches (6.35 cm) applied to the 
first 160 meshes counted from the terminus of the net;
    (C) A season of June 15 through October 31, unless otherwise 
specified by publication of a notification in the Federal Register.
    (ii) Sea sampling. The Regional Director shall conduct periodic sea 
sampling to determine if there is a need to change the area or season 
designation, and to evaluate the bycatch of regulated species, 
especially haddock.
    (iii) Annual review. The Council shall conduct an annual review of 
data to determine if there are any changes in area or season 
designation necessary, and to make the appropriate recommendations to 
the Regional Director following the procedures specified in subpart C 
of this part.
    (5) Stellwagen Bank/Jeffreys Ledge (SB/JL) juvenile protection 
area. During the period March 1 through July 31 of each year, the 
minimum mesh size for nets in the following area shall be 6 inches 
(15.24 cm) in all sink gillnets and 6 inches (15.24 cm) square mesh in 
the last 140 bars of the codend and extension piece of all mobile net 
gear.
    (i) The Stellwagen Bank/Jeffreys Ledge juvenile protection area is 
defined by straight lines connecting the following points in the order 
stated (see Figure 1 to Part 651): 

                                    Stellwagen Bank Juvenile Protection Area                                    
----------------------------------------------------------------------------------------------------------------
                                                                                               Approximate Loran
                        Point                               Latitude            Longitude         coordinates   
----------------------------------------------------------------------------------------------------------------
SB1..................................................  42 deg.34.0' N.     70 deg.23.5' W.            1373744295
SB2..................................................  42 deg.28.8' N.     70 deg.39.0' W.            1386144295
SB3..................................................  42 deg.18.6' N.     70 deg.22.5' W.            1381044209
SB4..................................................  42 deg.05.5' N.     70 deg.23.3' W.            1388044135
SB5..................................................  42 deg.11.0' N.     70 deg.04.0' W.            1373744135
SB1..................................................  42 deg.34.0' N.     70 deg.23.5' W.            1373744295
----------------------------------------------------------------------------------------------------------------


                Jeffreys Ledge Juvenile Protection Area                 
------------------------------------------------------------------------
                                                       Approximate Loran
     Point            Latitude          Longitude         coordinates   
------------------------------------------------------------------------
JL1.............  43 deg.12.7' N.    70 deg.00.0' W.          1336944445
JL2.............  43 deg.09.5' N.    70 deg.08.0' W.          1343744445
JL3.............  42 deg.57.0' N.    70 deg.08.0' W.          1351244384
JL4.............  42 deg.52.0' N.    70 deg.21.0' W.          1363144384
JL5.............  42 deg.41.5' N.    70 deg.32.5' W.          1375244352
JL6.............  42 deg.34.0' N.    70 deg.26.2' W.          1375244300
JL7.............  42 deg.55.2' N.    70 deg.00.0' W.          1347444362
JL1.............  43 deg.12.7' N.    70 deg.00.0' W.          1336944445
------------------------------------------------------------------------

    (ii) Fishing for northern shrimp in the SB/JL juvenile protection 
area is allowed subject to the requirements of paragraph (a)(3)(ii) of 
this section, except that no bycatch of regulated species is allowed on 
board vessels participating in the northern shrimp fishery in the area 
and during the time period specified in paragraph (a)(5) of this 
section.
    (b) Nantucket Lightship regulated mesh area.--(1) Area definition. 
The Nantucket Lightship regulated mesh area is that area bounded by 
straight lines connecting the following points in the order stated (see 
Figure 1 to Part 651):

                Nantucket Lightship Regulated Mesh Area                 
------------------------------------------------------------------------
            Point                      Latitude             Longitude   
------------------------------------------------------------------------
NL1...........................  40 deg.50' N.           69 deg.40' W.   
NL2...........................  40 deg.18.7' N.         69 deg.40' W.   
NL3...........................  40 deg.22.7' N.         69 deg.00' W.   
G10...........................  40 deg.50' N.           69 deg.00' W.   
NL1...........................  40 deg.50' N.           69 deg.40' W.   
------------------------------------------------------------------------

    (2) Mesh-size restrictions. (i) For 1994, except as provided in 
paragraphs (e) and (f) of this section, the minimum mesh size for any 
trawl net, sink gillnet, Scottish seine, or midwater trawl, on a 
vessel, or used by a vessel fishing in the Nantucket Lightship 
regulated mesh area, shall be 5\1/2\ inches (13.97 cm) diamond or 
square mesh throughout the net. This restriction does not apply to nets 
or pieces of nets smaller than 3 ft (0.9 m) X 3 ft (0.9 m) (9 sq. ft 
(0.81 m2)).
    (ii) For 1995 and thereafter, except as provided in paragraphs (f) 
and (g) of this section, the minimum mesh size for any trawl net, sink 
gillnet, Scottish seine, or midwater trawl, on a vessel, or used by a 
vessel fishing in the Nantucket Lightship regulated mesh area, shall be 
5\1/2\ inches (13.97 cm) diamond mesh or 6 inches (15.24 cm) square 
mesh throughout the net. This restriction does not apply to nets or 
pieces of nets smaller than 3 ft (0.9 m) X 3 ft (0.9 m) (9 square feet 
(0.81 m2)).
    (c) Southern New England regulated mesh area--(1) Area definition. 
The Southern New England regulated mesh area is that area bounded on 
the east by straight lines connecting the following points in the order 
stated (see Figure 1 Part 651): 

----------------------------------------------------------------------------------------------------------------
          Point                    Latitude                   Longitude                                         
-------------------------------------------------------------------------------                                 
CI1......................  40 deg.53' N.............  68 deg.53' W.                                             
CI2......................  41 deg.35' N.............  68 deg.30' W.                                             
CI3......................  41 deg.50' N.............  68 deg.45' W.                                             
CI4......................  41 deg.50' N.............  69 deg.00' W.                                             
CI5......................  41 deg.30' N.............  69 deg.00' W.                                             
CI6......................  41 deg.30' N.............  69 deg.23' W.; and                                        
CI1......................  40 deg.53' N.............  68 deg.53' W.                                             
----------------------------------------------------------------------------------------------------------------

    (b) Closed Area II. (1) No fishing vessel or person on a fishing 
vessel may fish or be in the area known as Closed Area II, as defined 
in paragraph (b)(2) of this section, during the time period specified 
in paragraph (b)(3) of this section, except as specified in paragraph 
(b)(4) of this section (see Figure 3 to Part 651).
    (2) Closed Area II is bounded by four straight lines connecting the 
following points in the order stated: 

------------------------------------------------------------------------
  Point               Latitude                      Longitude           
------------------------------------------------------------------------
ClI1......  41 deg.00' N.                 67 deg.20' W.                 
ClI2......  41 deg.00' N.                 66 deg.35.8' W.               
G5........  41 deg.18.6' N.               66 deg.24.8' W. (the U.S.-    
                                           Canada Maritime Boundary)    
ClI3......  42 deg.22' N.                 67 deg.20' W. (the U.S.-Canada
                                           Maritime Boundary); and      
ClI1......  41 deg.00' N.                 67 deg.20' W.                 
------------------------------------------------------------------------

    (3) Duration. (i) For 1994 and 1995, no fishing vessel or person on 
a fishing vessel may fish or be in Closed Area II during the months of 
February through May.
    (ii) For 1996 and after, no fishing vessel or person on a fishing 
vessel may fish or be in Closed Area II during the months of January 
through June.
    (4) Exceptions. Paragraph (b)(1) of this section does not apply to 
persons on fishing vessels or fishing vessels:
    (i) Fishing with or using pot gear designed and used to take 
lobsters;
    (ii) Fishing with or using dredges designed and used to take 
scallops; or
    (iii) Seeking safe haven from storm conditions in waters adjacent 
to the western edge of the closed area. Such fishing vessels may 
transit through the closed area providing that:
    (A) Gale, storm, or hurricane conditions are posted for the area by 
the National Weather Service;
    (B) Such vessels do not fish in the area;
    (C) Fishing gear is stowed in accordance with paragraph (c)(4) of 
this section; and
    (D) The vessel provides notice to a patrolling U.S. Coast Guard 
aircraft or vessel in the vicinity of Georges Bank by high frequency 
radio (2.182 kHz) of its intention of transitting the closed area and 
the time and position when the vessel enters the area and the time and 
position when the vessel exits the closed area.
    (5) The Regional Director may open Closed Area II to fishing prior 
to the scheduled openings in paragraph (b)(3) of this section by 
notification in the Federal Register, if the Regional Director 
determines that concentrations of spawning fish are no longer in the 
area.
    (c) Nantucket Lightship Closed Area. (1) No fishing vessel or 
person on a fishing vessel may fish in the area known as the Nantucket 
Lightship Closed Area, defined in paragraph (c)(2) of this section, 
during the time period specified in the notification provided under 
paragraph (c)(3) of this section, except as specified in paragraph 
(c)(5) of this section, if the Regional Director determines that the 
NEFSC spring standardized bottom trawl survey index of age-2 yellowtail 
flounder is 12.0 or higher, based upon the number of yellowtail 
flounder per standardized tow.
    (2) The Nantucket Lightship Closed Area is bounded by four straight 
lines connecting the following points in the order stated (see Figure 3 
to Part 651):

------------------------------------------------------------------------
             Point                      Latitude            Longitude   
------------------------------------------------------------------------
G10............................  40 deg.50' N.            69 deg.00' W. 
CN1............................  40 deg.20' N.            69 deg.00' W. 
CN2............................  40 deg.20' N.            70 deg.20' W. 
CN3............................  40 deg.50' N.            70 deg.20' W.;
                                                           and          
G10............................  40 deg.50' N.             69 deg.00' W.
                                                                        
------------------------------------------------------------------------

    (3) Notification. The Regional Director shall provide notification 
of the closure through publication in the Federal Register.
    (4) Duration. The area shall remain closed until the end of June of 
the following year.
    (5) Exceptions. The closure shall not apply to persons on board 
vessels or fishing vessels fishing with or using:
    (i) Pot gear designed and used to take lobsters;
    (ii) Dredge gear designed and used to take ocean quahogs or surf 
clams; or
    (iii) Hook-and-line gear, except that possession of yellowtail 
flounder by persons or vessels fishing with hook-and-line gear within 
this area is prohibited.


Sec. 651.22  Effort-control program for limited access vessels.

    (a) Beginning on May 1, 1994, the owner of a vessel issued a 
limited access permit under the criteria specified in Sec. 651.4(a), 
unless exempted under Sec. 651.22(d), shall be subject to either the 
Individual DAS program as specified in paragraph (b) of this section or 
the Fleet DAS program as specified in paragraph (c) of this section. 
All such vessels shall automatically be assigned to the Fleet DAS 
program unless the vessel owner elects to apply for the Individual DAS 
program and is issued a limited access permit under Sec. 651.4(a), or 
the vessel has been determined to be a combination vessel and the 
vessel owner has elected to apply for a limited access permit under 
Sec. 651.4(a). Limited access permits will indicate the program under 
which the vessel owner will fish.
    (b) Individual Days-at-Sea--(1) Eligibility. (i) Beginning on May 
1, 1994, any vessel that is greater than 45 ft (13.7 m) in length and 
eligible for a limited access permit, except a combination vessel, may 
elect to fish under the Individual DAS program by making such election 
at the time of application for or renewal of a limited access permit. 
For 1996 and thereafter, the vessel must remain in the DAS program 
assigned to it in 1995.
    (ii) The vessel owner of a vessel that has been determined to be a 
combination vessel and who has applied for a limited access permit 
under Sec. 651.4(a) must fish under the Individual DAS program.
    (2) Criteria for determining a vessel's Individual DAS. The initial 
DAS assigned to a vessel for purposes of determining that vessel's 
annual allocation as specified in paragraph (b)(3) of this section 
shall be calculated as follows:
    (i) Calculate the total number of the vessel's multispecies DAS for 
the years 1988, 1989, and 1990 based on data, information, or other 
credible evidence available to the Regional Director at the time of 
election to participate under the Individual DAS program. Multispecies 
DAS are deemed to be the total number of days the vessel was absent for 
a trip where greater than 10 percent of the vessel's total landings 
were comprised of regulated species, minus any days for such trips in 
which a scallop dredge was used;
    (ii) Exclude the year of least multispecies DAS; and
    (iii) If 2 years of multispecies DAS are remaining, average those 
years' DAS, or, if only 1 year remains, use that year's DAS.
    (3) DAS allocations. (i) Each vessel participating in the 
Individual DAS program shall be allocated, annually, the maximum number 
of days at sea it may fish in the multispecies finfish fishery 
according to the criteria and table specified in paragraph (b)(3)(ii) 
of this section. A vessel that has declared out of the multispecies 
finfish fishery pursuant to the provisions of Sec. 651.29, or has used 
up its allocated DAS, may leave port without being assessed a DAS as 
long as it does not possess or land more than the possession limit of 
regulated species specified under Sec. 651.27(a) and complies with the 
other requirements of this part.
    (ii) Annual DAS allocations. Vessels fishing under the Individual-
DAS program will receive and be subject to annual allocations of DAS as 
specified in the following table. These allocations are determined by 
reducing the vessel's Individual DAS as calculated under paragraph 
(b)(2) of this section by 10 percent each year, including the first 
year, for the first 5 years of the effort reduction program. 

                    Individual-DAS Allocation=x Days                    
------------------------------------------------------------------------
                        Year                           Annual allocation
------------------------------------------------------------------------
1994.................................................  x-10% days.      
1995.................................................  x-20% days.      
1996.................................................  x-30% days.      
1997.................................................  x-40% days.      
1998.................................................  x-50% days.      
------------------------------------------------------------------------

    (iii) Accrual of DAS. DAS shall accrue in hourly increments, with 
all partial hours counted as full hours. DAS for vessels that are under 
the VTS monitoring system described in Sec. 651.29(a) are counted 
beginning with the first hourly location signal received showing that 
the vessel crossed the COLREGS Demarcation Line leaving port and ending 
with the first hourly location signal received showing that the vessel 
crossed the COLREGS Demarcation Line upon its return to port.
    (iv) All vessels fishing under the Individual DAS program must 
declare out of the multispecies finfish fishery for at least one 20-day 
period between March 1 and May 31 of each year, using the notification 
requirements specified under Sec. 651.29(a). If a vessel owner has not 
declared, or taken, the period of required time between March 1 and May 
31 on or before May 12, the vessel is subject to the possession limit 
specified under Sec. 651.27(a) during the period May 12 through May 31, 
inclusive.
    (4) Adjustments in annual DAS allocations. Adjustments in annual 
DAS allocations, if required to meet fishing mortality reduction goals, 
may be made following a reappraisal and analysis under the framework 
provisions specified in subpart C of this part.
    (5) Notice of initial DAS allocation. The Regional Director will 
attempt to notify all owners of vessels that are deemed eligible to be 
issued a limited access permit pursuant to Sec. 651.4(a)(6) based on 
data, information, and other evidence available to the Regional 
Director.
    (6) Appeal of DAS allocation--(i) Appeal criteria. Initial 
allocations of Individual DAS to a vessel may be appealed to the 
Regional Director within 30 days of receipt of the notice of a vessel's 
allocation. Any such appeal must be in writing and be based on one or 
more of the following grounds:
    (A) The information used by the Regional Director was based on 
mistaken or incorrect data;
    (B) The applicant was prevented by circumstances beyond his/her 
control from meeting relevant criteria; or
    (C) The applicant has new or additional information.
    (ii) The Regional Director will appoint a designee who will make an 
initial decision on the written appeal.
    (iii) If the applicant is not satisfied with the initial decision, 
the applicant may request that the appeal be presented at a hearing 
before an officer appointed by the Regional Director.
    (iv) The hearing officer shall present his/her findings to the 
Regional Director and the Regional Director will make a decision on the 
appeal. The Regional Director's decision on this appeal is the final 
administrative decision of the Department of Commerce.
    (7) Status of vessels pending appeal of DAS allocations. All 
vessels, while appealing their Individual-DAS allocation, may fish 
under the Fleet-DAS program and are subject to all requirements 
applicable to the Fleet-DAS program unless otherwise exempted, until 
the Regional Director has made a final determination on the appeal. Any 
DAS spent fishing for multispecies finfish shall be counted against the 
Individual-DAS allocation that the vessel may ultimately receive. If, 
before this appeal is decided, a vessel exceeds the number of days it 
is finally allocated after appeal, the excess days will be subtracted 
from the vessel's allocation of days in 1995.
    (8) Good Samaritan credit. Limited access vessels fishing under the 
DAS program and that spend time at sea for one of the following 
reasons, and that can document the occurrence through the U.S. Coast 
Guard, will be credited for the time documented:
    (i) Time spent assisting in a U.S. Coast Guard search and rescue 
operation; or
    (ii) Time spent assisting the U.S. Coast Guard in towing a disabled 
vessel.
    (c) Fleet Days-at-Sea program. (1) Beginning on May 1, 1994, all 
vessels issued a limited access permit that are longer than 45 ft (13.7 
m) in length that have not elected to fish under the Individual DAS 
program as specified in paragraph (a) of this section shall be subject 
to the following effort-control requirements:
    (i) Days in which vessel may not possess more than 500 lbs (226.8 
kg) of regulated species. (A) During each year, beginning with 1994, 
vessel owners of all such vessels must declare periods of time out of 
the multispecies fishery totaling at least the minimum number of days 
listed for each such year in the following schedule. Each period of 
time declared must be at least 20 consecutive days. At least one 20-
consecutive-day period must be declared between March 1 and May 31 of 
each year:

------------------------------------------------------------------------
                                                             Days out of
                           Year                             multispecies
                                                               fishing  
------------------------------------------------------------------------
1994......................................................          80  
1995......................................................          80  
1996......................................................         128  
1997......................................................         165  
1998......................................................         200  
1999......................................................         233  
------------------------------------------------------------------------

    (B) During each period of time declared, the applicable vessel may 
not possess more than 500 lbs (226.8 kg) of multispecies.
    (C) Adjustments to the schedule of days out of the multispecies 
fishery, if required to meet fishing mortality reduction goals, may be 
made following a reappraisal and analysis under the framework 
provisions specified in subpart C of this part.
    (D) Procedure for declaring days. Fleet DAS participants shall 
declare their periods of required time under paragraph (c)(1)(i) of 
this section, following the notification procedures specified in 
Sec. 651.29(b).
    (E) If a vessel owner has not declared, or taken, the period of 
required time between March 1 and May 31 on or before May 12, the 
vessel is subject to the possession limit specified under 
Sec. 651.27(a) during the period May 12 through May 31, inclusive.
    (F) If a vessel owner has not declared, or taken, any or all of the 
remaining periods of time required under paragraph (c)(1)(i) of this 
section, by the last possible date to meet the requirement, the vessel 
is subject to the possession limit specified under Sec. 651.27(a) from 
that date through the end of the year.
    (ii) Layover day requirement. (A) Fleet DAS participants engaged in 
a fishing trip that is not during the period of time declared pursuant 
to paragraph (c)(1)(i) of this section and that is longer than 24 hours 
must tie-up at the dock at the end of such trip for a period equal to 
half the time of the DAS accrued on the trip, based on hourly 
increments, as recorded through the notification procedures specified 
in Sec. 651.29(b).
    (B) Accrual of DAS. DAS under the card or call-in notification 
systems, described in Sec. 651.29(b) and (d), respectively, shall 
accrue in hourly increments with all partial hours counted as full 
hours. A DAS, under either the card or call-in notification system, 
begins once the card has been read by the reader, or the phone call has 
been received, and confirmation has been given by the Regional 
Director. A DAS ends under either the card or phone notification 
system, when after returning to port, the card has been read by the 
reader, or the phone call has been received, and confirmation has been 
given by the Regional Director.
    (C) Tie-up time begins to accrue when the Regional Director is 
notified through the monitoring system that the trip is ended.
    (D) A vessel that remains tied to the dock beyond the time required 
will not be credited with the additional time.
    (E) A vessel required to be tied-up at the dock under this part may 
not fish or leave the dock under any capacity during the tie-up period 
unless authorized by the Regional Director.
    (2) [Reserved]
    (d) Exemptions from effort reduction program --(1) Small boat.
    (i) Beginning on May 1, 1994, vessels issued a limited access 
permit under Sec. 651.4(a) that are 45 ft (13.7 m) or less in length 
overall, except vessels using sink gillnet gear, will be exempt from 
the effort reduction program if the vessel and vessel owner comply with 
the following:
    (A) Determination of the length will be through the measurement 
along a horizontal line drawn from a perpendicular raised from the 
outside of the most forward portion of the stem of the vessel to a 
perpendicular raised from the after most portion of the stern;
    (B) To be eligible for the small-boat exemption, vessels for which 
construction is begun after May 1, 1994, must be 45 feet (13.7 m) or 
less in length and must be constructed such that the product of the 
overall length divided by the beam will not be less than 2.5; and
    (C) The measurement of length overall may be verified using U.S. 
Coast Guard documentation if it is dated after 1984. Otherwise, the 
measurement of length must be verified in writing by a qualified marine 
surveyor, or the builder, based on the boat's construction plans, or by 
state registration papers if such documentation accurately states the 
vessel's length overall as required. A copy of the verification must 
accompany an application for a Federal multispecies permit issued under 
Sec. 651.4.
    (ii) Vessels fishing under the small boat exemption must bring all 
gear back to port at the conclusion of a fishing trip, except gillnets 
and gear not intended to fish for multispecies finfish, such as 
lobster.
    (iii) Adjustments to the small-boat exemption, including changes to 
the length requirement, if required to meet fishing mortality reduction 
goals, may be made following a reappraisal and analysis under the 
framework provisions specified in subpart C of this part.
    (2) Sink gillnet vessels. (i) A sink gillnet vessel greater than 45 
ft (13.7 m) in length is exempt from the DAS effort reduction program 
of this part on all fishing trips during which the vessel fishes for 
multispecies exclusively with sink gillnet gear, and does not have 
other gear available for immediate use as described in 
Sec. 651.20(c)(4), if the vessel owner or owner's authorized 
representative complies with monitoring requirements set forth in 
Sec. 651.28(c), unless effort reduction measures are implemented 
pursuant to subpart C of this part.
    (ii) A sink gillnet vessel greater than 45 ft (13.7 m) in length 
that intends to fish for, possess or land or does possess or land more 
than 500 lbs (226.8 kg) of regulated multispecies with gear other than 
sink gillnet gear, or has other gear on board that is not stowed as 
described in Sec. 651.20(c)(4), at any time during a calendar year may 
fish under and shall be subject to the DAS effort reduction program of 
this part, except on trips that qualify for the exemption set forth in 
paragraph (d)(2)(i) of this section; provided, however, that the owner 
of such vessel must request to fish under the Individual DAS program or 
the Fleet DAS program, as applicable, at the time such vessel applies 
for and is issued a Limited Access permit, and that the vessel complies 
with the requirement to take periods of time out of the multispecies 
fishery as required under Sec. 651.22.
    (iii) A sink gillnet vessel 45 ft (13.7 m) or less in length is 
exempt from the DAS effort reduction program of this part unless effort 
reduction measures are implemented pursuant to subpart C of this part.
    (3) Hook-gear-only vessels. Vessels issued a limited access permit 
under Sec. 651.4(a) and fishing with per trip, or possessing on board 
the vessel, no more than 4,500 rigged hooks are exempt from the effort 
reduction program of this part, subject to the requirements specified 
in Sec. 651.33.
    (e) Scallop dredge vessels. Beginning on May 1, 1994, scallop 
dredge vessels issued a limited access permit under Sec. 650.4(a), 
except for combination vessels, may not participate in and are not 
subject to the DAS program and may not possess regulated species in 
excess of the possession limit specified under Sec. 651.27(a).


Sec. 651.23  Minimum fish size.

    (a) The minimum fish sizes (total length) for the following species 
are as follows:

------------------------------------------------------------------------
                       Species                               Inches     
------------------------------------------------------------------------
Cod...................................................  19 (48.3 cm)    
Haddock...............................................  19 (48.3 cm)    
Pollock...............................................  19 (48.3 cm)    
Witch flounder (gray sole)............................  14 (35.6 cm)    
Yellowtail flounder...................................  13 (33.0 cm)    
American plaice (dab).................................  14 (35.6 cm)    
Winter flounder (blackback)...........................  12 (27.9 cm)    
Redfish...............................................  9 (22.9 cm)     
------------------------------------------------------------------------

    (b) The minimum lengths specified by paragraph (a) of this section 
shall be measured on a straight line from the tip of the snout to the 
end of the tail.
    (c) The minimum size applies to whole fish or to any part of a fish 
while possessed on board a vessel, except as provided in this paragraph 
(c), and to whole fish only, after landing. Fish or parts of fish must 
have skin on while possessed on board a vessel and at the time of 
landing in order to meet minimum size requirements. ``Skin on'' means 
the entire portion of the skin normally attached to the portion of the 
fish or fish parts possessed.
    (d) Exception. (1) Each person on board a vessel issued a limited 
access permit and fishing under the DAS program may possess up to 25 
lbs (11.3 kg) of fillets that measure less than the minimum size, if 
such fillets are from legal-sized fish and are not offered or intended 
for sale, trade, or barter.
    (2) Recreational, party, and charter vessels may possess fillets 
less than the minimum size specified if the fillets are taken from 
legal-sized fish and are not offered or intended for sale, trade or 
barter.
    (e) Adjustments of minimum size. (1) In 1994, or at anytime when 
information is available, the Council will review the best available 
mesh selectivity information to determine the appropriate minimum size 
for the species listed in paragraph (a) of this section, except winter 
flounder, according to the length at which 25 percent of the regulated 
species would be retained by the applicable minimum mesh size.
    (2) The minimum fish size for yellowtail flounder, witch flounder, 
and American plaice will be determined from the best available mesh 
selectivity studies applicable to 5\1/2\-inch (13.97-cm) diamond mesh.
    (3) The minimum fish size for cod, haddock, pollock, and redfish 
will be determined from the best available mesh selectivity studies 
applicable to 6-inch (15.24-cm) diamond mesh.
    (4) Upon determination of the appropriate minimum sizes, the 
Council shall propose the minimum fish sizes to be implemented in 1995, 
or at anytime thereafter, following the procedures specified in subpart 
C of this part.
    (5) Additional adjustments or changes to the minimum fish sizes 
specified in paragraphs (a) and (b) of this section, and exemptions as 
specified in paragraph (c) of this section, may be made at any time 
after implementation of the final rule as specified under subpart C of 
this part.


Sec. 651.24  Experimental fishing.

    (a) The Regional Director may exempt any person or vessel from the 
requirements of this part for the conduct of experimental fishing 
beneficial to the management of the multispecies finfish resource or 
fishery.
    (b) The Regional Director may not grant such exemption unless it is 
determined 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 multispecies finfish resource 
and fishery; or
    (2) Create significant enforcement problems.
    (c) Each vessel participating in any exempted experimental fishing 
activity shall be subject to all provisions of this part 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 aboard the vessel seeking the benefit of such exemption.


Sec. 651.25  Gear-marking requirements.

    (a) Bottom-tending fixed gear, including but not limited to 
gillnets and longlines, designed for, capable of, or fishing for 
multispecies finfish must have the name of the owner or vessel, or the 
official number of that vessel, permanently affixed to any buoys, 
gillnets, longlines, or other appropriate gear so that the name of the 
owner or vessel or official number of the vessel is visible on the 
surface of the water.
    (b) Bottom-tending fixed gear, including but not limited to 
gillnets or longline gear, must be marked so that the westernmost end 
(measuring the half compass circle from magnetic south through west to 
and including north) of the gear displays a standard 12-inch (30.5-cm) 
tetrahedral corner radar reflector and a pennant positioned on a staff 
at least 6 feet (1.8 m) above the buoy. The easternmost end (meaning 
the half compass circle from magnetic north through east to and 
including south) of the gear need display only the standard 12-inch 
(30.5 cm) tetrahedral radar reflector positioned in the same way.
    (c) The maximum length of continuous gillnets must not exceed 6,600 
feet (2,011.7 m) between the end buoys.
    (d) In the Gulf of Maine/Georges Bank regulated mesh area specified 
in Sec. 651.20(a), gillnet gear set in an irregular pattern or in any 
way that deviates more than 30 degrees from the original course of the 
set must be marked at the extremity of the deviation with an additional 
marker, which must display two or more visible streamers and may either 
be attached to or independent of the gear.


Sec. 651.26  Flexible Area Action System.

    (a) The Chair of the Committee, upon learning of the presence of 
discard problems associated with large concentrations of juvenile, 
sublegal, or spawning multispecies finfish, will determine if the 
situation warrants further investigation and possible action. In making 
this determination, the Chair will consider the amount of discard of 
regulated species, the species targeted, the number and types of 
vessels operating in the area, the location and size of the area, and 
the resource condition of the impacted species. If he/she determines it 
is necessary, the Chair will request the Regional Director to initiate 
a fact finding investigation to verify the situation.
    (b) The Chair will request the Regional Director to publish a 
notification in the Federal Register. The request must include a 
complete draft of the notification. The Secretary must file the 
notification at the Office of the Federal Register within 1 business 
day following receipt of the complete request. Day 1 is designated when 
the notice is filed with the Office of the Federal Register. The 
notification will inform the public of:
    (1) The problem that is occurring and the need for action;
    (2) The Regional Director's initiation of fact finding and 
verification of the problem;
    (3) The date (Day 15) the Regional Director's fact finding report, 
responding to the Chair's request, will be available for public review;
    (4) The date (Day 21) by which a Committee meeting/public hearing 
will be held and on which the comment period will close;
    (5) The potential extent of the area to be affected (defined by 
common name, latitude/longitude coordinates, and/or LORAN coordinates);
    (6) The species affected;
    (7) The types of gear used;
    (8) Other fisheries potentially impacted;
    (9) Predominant ports to be impacted;
    (10) The expected duration of action;
    (11) The types of action that may be taken, limited to the various 
management measures currently implemented by the FMP;
    (12) The Council's initiation of analysis of the impacts;
    (13) The date (Day 15) the Council's impact analysis will be 
available for public review; and
    (14) A request for written comments.
    (c) From Day 1 through Day 14, the following activities will take 
place:
    (1) The Regional Director will prepare a fact-finding report that 
will examine available information from the following sources (in order 
of priority):
    (i) Sea sampling from the NMFS Domestic Sea Sampling Program or 
from state agency sources;
    (ii) Port sampling from the NMFS Statistics Investigation; or
    (iii) Any other source of information.
    (2) After examining the facts, the Regional Director will provide a 
technical analysis to determine the magnitude of discard of juvenile 
and sublegal multispecies finfish and the presence and amount of 
spawning outside of any area/season restriction. If possible, he/she 
will provide technical analyses describing the nature of the impacts on 
the stock managed under the FMP. The report will specify what type of 
activities will be required to monitor the area/fishery in question if 
subsequent action is taken under this section. The report shall also 
include a statement of NMFS' capabilities for administering, 
monitoring, and enforcing any of the proposed options.
    (3) The Council will prepare an economic impact analysis of the 
potential management options under consideration.
    (d) By Day 15, copies of the reports prepared by the Regional 
Director and the Council will be made available for public review from 
the Council at Suntaug Office Park, 5 Broadway (Route 1), Saugus, MA 
01906.
    (e) By Day 21, provided that it is 6 days after release of the 
fact-finding report required by paragraphs (c)(1) and (d) of this 
section, the Committee will hold a meeting/public hearing at which time 
it will review the Regional Director's fact-finding report and the 
Council's impact analysis. Public comment on the reports, alternatives, 
and potential impacts will be requested for the Committee's 
consideration. Upon review of all available sources of information, the 
Committee will determine what course of action is warranted by the 
facts and make its recommendation to the Regional Director. The 
Committee's recommendation will be limited to:
    (1) Mesh-size restrictions, catch limits, closure of an area to all 
or certain types of gear or vessels, or other measures less restrictive 
than the closure, but already contained within and implemented by the 
FMP;
    (2) Between 3 weeks and 6 months in duration; and
    (3) Discrete geographical areas, taking into consideration such 
factors as manageability of the area, readily identifiable boundaries 
(natural or otherwise), accessibility of the area, and the area's 
suitability for monitoring and enforcement activities. If the Committee 
recommends that action is not warranted, and the Regional Director 
concurs, notification will be published in the Federal Register stating 
that no action will be taken and specifying the rationale behind the 
Committee's decision.
     (f) By Day 23, the Regional Director will either accept or reject 
the Committee's recommendation. If the Regional Director accepts the 
Committee's recommendation, the action will be implemented through 
notification in the Federal Register, to be filed with the Office of 
the Federal Register by Day 26. If the Regional Director rejects the 
Committee's recommendation, the Regional Director must write to the 
Committee and explain that the recommended action has been determined 
not to be consistent with the record established by the fact-finding 
report, impact analysis, and comments received at the public hearing.
    (g) By Day 26, notice will be sent to all vessel owners holding 
Federal multispecies permits. The Regional Director will also use other 
appropriate media, including but not limited to mailings to the news 
media, fishing industry associations and radio broadcasts, to 
disseminate information on the action to be implemented.
    (h) Once implemented, the Regional Director will monitor the 
affected area to determine if the action is still warranted. If the 
Regional Director determines that the circumstances under which the 
action was taken, based on the Regional Director's report, the 
Council's report, and the public comments, are no longer in existence, 
he will terminate the action by notification in the Federal Register 
and through other appropriate media.
    (i) Actions taken under this section will ordinarily become 
effective upon the date of filing with the Office of the Federal 
Register. The Regional Director may determine that facts warrant a 
delayed effective date.
    (j) If the date specified above for completion of an action falls 
on a Saturday, Sunday, or Federal holiday, it shall be performed by the 
first day that is not a Saturday, Sunday, or Federal holiday. Failure 
to complete any action by the specified date shall not vitiate the 
authority of the Regional Director to implement an accepted 
recommendation of the Committee; provided, that no meeting/public 
hearing under paragraph (e) of this section may be held prior to the 
sixth day after the day by which all reports required by paragraphs 
(c)(1) and (d) of this section have been made available for public 
review.


Sec. 651.27  Possession limits.

    (a) Multispecies possession limit. (1) Beginning on May 1, 1994, 
vessels subject to effort control programs specified in Sec. 651.22 and 
persons issued a limited access permit under Sec. 651.4(a), that are 
not fishing under the DAS program, or have declared out of the DAS 
program, vessels subject to effort control programs specified in 
Sec. 651.22 that have used up their DAS allocations, vessels issued 
hook-gear-only permits that are fishing with gear other than hook gear, 
sink gillnet vessels greater than 45 ft (13.7 m) in length that are 
fishing with gear other than gillnet gear, and vessels issued a 
possession-limit-only permit under Sec. 651.4(c) are prohibited from 
possessing on a vessel, or landing per trip, more than 500 lbs (226.8 
kg) of regulated species.
    (2) Vessels subject to the multispecies possession limit shall have 
on board the vessel at least one standard box or one standard tote.
    (3) The regulated species stored on board the vessel shall be 
retained separately from the rest of the catch and shall be readily 
available for inspection and for measurement by placement of the 
regulated species in a standard box or standard tote if requested by an 
authorized officer.
    (4) The possession limit is equal to 500 lbs (226.8 kg) or its 
equivalent as measured by the volume of four standard boxes or five 
standard totes.
    (b) Haddock possession limits.--(1) Scallop dredge vessels.
    (i) No person owning or operating a scallop dredge vessel issued a 
permit under Sec. 651.4 may land, or possess on board a vessel, 
haddock.
    (ii) No person operating a scallop dredge vessel may possess 
haddock in, or harvested from, the EEZ.
    (2) Other vessels.--(i) No person owning or operating a vessel 
issued a permit under Sec. 651.4 may land, or possess on a vessel, more 
than 500 lbs (226.8 kg) of haddock.
    (ii) No person may possess on a vessel more than 500 lbs (226.8 kg) 
of haddock in, or harvested from, the EEZ.
    (iii) Vessels subject to the haddock possession limit shall have on 
board the vessel at least one standard box or one standard tote.
    (iv) The haddock stored on board the vessel shall be retained 
separately from the rest of the catch and shall be readily available 
for inspection and for measurement by placement of the haddock in a 
standard box or standard tote if requested by an authorized officer.
    (v) The haddock possession limit is equal to 500 lbs (226.8 kg) or 
its equivalent as measured by the volume of four standard boxes or five 
standard totes.


Sec. 651.28  Monitoring requirements.

    (a) Individual DAS limited access vessels. By May 1, 1994, unless 
otherwise authorized or required by the Regional Director under 
Sec. 651.29(c), vessel owners electing to fish under the Individual DAS 
program specified in Sec. 651.22(a), and combination vessels, must have 
installed on board an operational VTS unit that meets the minimum 
performance criteria specified in paragraph (a)(2) of this section, or 
as modified annually as specified in paragraph (a)(1) of this section. 
Such vessel owners must provide documentation to the Regional Director 
at the time of application for a limited access permit that the vessel 
has an operational VTS unit that meets the minimum performance criteria 
specified in paragraph (a)(2) of this section, or as modified annually 
as specified in paragraph (a)(1) of this section. If a vessel has 
already been issued a limited access multispecies permit without 
providing such documentation, the Regional Director shall allow at 
least 30 days for the vessel to install an operational VTS unit, 
provide documentation that the unit is operational, and provide such 
documentation to the Regional Director. This VTS unit must be part of 
an approved VTS as specified in paragraph (a)(1) of this section.
    (1) Approval. The Regional Director will annually approve VTSs that 
meet minimum performance criteria specified in paragraph (a)(2) of this 
section. Any changes to the performance criteria will be published 
annually in the Federal Register and a list of approved VTSs will be 
published in the Federal Register upon addition or deletion of a VTS 
from the list. In the event that a VTS is deleted from the list, vessel 
owners that purchased a VTS unit that is part of that VTS prior to 
publication of the revised list will be considered to be in compliance 
with the requirement to have an approved unit, unless otherwise 
notified by the Regional Director.
    (2) Minimum VTS performance criteria. The basic required features 
of the VTS are as follows:
    (i) The VTS shall be tamper proof, i.e., shall not permit the input 
of false positions; furthermore, if a system uses satellites to 
determine position, satellite selection should be automatic to provide 
an optimal fix and should not be capable of being manually overridden 
by any person on board a fishing vessel or by the vessel owner;
    (ii) VTS equipment shall be fully automatic and operational at all 
times regardless of weather and environmental conditions;
    (iii) VTS equipment shall be capable of tracking vessels in all 
U.S. waters in the Atlantic Ocean from the shoreline of each coastal 
state to a line 215 nautical miles offshore and shall provide position 
accuracy to within 400 m (1,300 ft);
    (iv) The VTS shall be capable of transmitting and storing 
information, including vessel identification, date, time, and latitude/
longitude;
    (v) The VTS shall provide accurate hourly position transmissions 
every day of the year. In addition, the VTS shall allow polling of 
individual vessels or any set of vessels at any time and receive 
position reports in real time. For the purposes of this specification, 
``real time'' shall constitute data that reflect a delay of 15 minutes 
or less between the displayed information and the vessel's actual 
position;
    (vi) The VTS shall be capable of providing network message 
communications between the vessel and shore. The VTS shall allow NMFS 
to initiate communications or data transfer at any time;
    (vii) The VTS vendor shall be capable of transmitting position data 
to a NMFS-designated computer system via a modem at a minimum speed of 
9600 baud. Transmission shall be in ASCII text in a file format 
acceptable to NMFS;
    (viii) The VTS shall be capable of providing vessel locations 
relative to international boundaries and fishery management areas; and
    (ix) The VTS vendor shall be capable of archiving vessel position 
histories for a minimum of 1 year and providing transmission to NMFS of 
specified portions of archived data in response to NMFS requests and in 
a variety of media (tape, floppy, etc).
    (3) Operating requirements. All required VTS units must transmit a 
signal indicating the vessel's accurate position at least every hour, 
24 hours a day, throughout the year.
    (4) Presumption. If a vessel's VTS unit fails to transmit an hourly 
signal of the vessel's position, the vessel shall be presumed to be 
fishing under the DAS program for that day, or fraction thereof, for as 
long as the unit fails to transmit a signal. A preponderance of 
evidence that the failure to transmit was due to an unavoidable 
malfunction or disruption of the transmission that occurred while the 
vessel was declared out of the multispecies finfish fishery, as 
specified in Secs. 651.22 and 651.29, or was not at sea, will be 
sufficient to rebut the presumption.
    (5) Replacement. Should a VTS unit require replacement, a vessel 
owner must submit documentation to the Regional Director, within 3 days 
of installation and prior to the vessel's next trip, verifying that the 
new VTS unit is part of an operational approved system as described 
under paragraph (a)(1) of this section.
    (6) Access. As a condition to obtaining a limited access permit, 
all vessel owners must allow NOAA/NMFS, the U.S. Coast Guard, and their 
authorized officers or designees access to the vessels' DAS and 
location data obtained from its VTS unit at the time of or after its 
transmission to the vendor or receiver, as the case may be.
    (7) Tampering. Tampering with a VTS, a VTS unit, or a VTS signal, 
is prohibited. Tampering includes any activity that is likely to affect 
the system or unit's:
    (i) Ability to operate properly;
    (ii) Signal; or
    (iii) Accuracy of computing the vessel's position fix.
    (b) Fleet DAS and other limited access vessels--(1) Requirements. 
Beginning on May 1, 1994, owners of multispecies vessels with limited 
access permits under Sec. 651.4(a) who are participating in a DAS 
program and who are required to, or have chosen to, provide 
notification without using a VTS, shall be subject to the call-in 
requirements specified in Sec. 651.29(c).
    (2) Card notification. [Reserved.]
    (c) Sink gillnet DAS vessels. Beginning on May 1, 1994, owners of 
multispecies vessels with limited access permits under Sec. 651.4(a) 
and who hold permits to participate in either the individual or fleet 
DAS program and the sink gillnet exemption program under 
Sec. 651.22(d)(2) are subject to the following requirements:
    (1) The vessel owner or owner's representative shall notify the 
Regional Director prior to leaving port at the beginning of each sink 
gillnet trip that it will be participating in the sink gillnet fishery 
by providing notification under Sec. 651.29(b)(1).
    (2) Upon returning to port, at the end of each sink gillnet trip, 
the vessel owner or authorized representative shall notify the Regional 
Director by providing notice as specified under Sec. 651.29(b)(1).
    (3) If the owner of a sink gillnet vessel greater than 45 ft (13.7 
m) in length intends to fish for regulated multispecies with gear other 
than sink gillnet gear on a fishing trip, the owner or the owner's 
authorized representative shall provide notification of the change in 
fisheries following the procedures of Sec. 651.29(b)(1). and shall 
comply with the effort reduction program set forth in Sec. 651.22.


Sec. 651.29   DAS notification program.

    (a) VTS notification. Beginning on May 1, 1994, unless otherwise 
authorized by the Regional Director as specified in paragraph (c) of 
this section, owners of multispecies vessels with limited access 
permits that have elected to or are required to use a VTS system shall 
be subject to the following:
    (1) Multispecies vessels at sea are presumed to be fishing under 
the DAS allocation program unless the vessel's owner or authorized 
representative declares the vessel out of the multispecies fishery, or 
declares it into the sink gillnet fishery as required in 
Sec. 651.28(c), by notifying the Regional Director through the VTS. The 
owner or authorized representative of any vessel that has been declared 
out of the multispecies fishery must notify the Regional Director 
through the VTS prior to leaving port on the vessel's next trip under 
the DAS program.
    (2) If the VTS is not available, or not functional, and if 
authorized by the Regional Director, a vessel owner must comply with 
the call-in notification requirements specified in paragraph (c) of 
this section.
    (3) Notification that the vessel is not under the DAS program must 
be received prior to the vessel leaving port. A change in status of a 
vessel cannot be made after the vessel leaves port or before it returns 
to port on any fishing trip.
    (b) Call-in notification. (1) Beginning on May 1, 1994, owners of 
multispecies vessels with limited access permits under Sec. 651.4(a) 
who are participating in a DAS program and who are required to, or have 
chosen to, provide notification without using a VTS, shall be subject 
to the call-in requirements specified in paragraph (c) of this section.
    (2) Card notification. [Reserved.]
    (c) Alternative call-in system of notification. The Regional 
Director may authorize or require, on a temporary basis, the use of an 
alternative call-in system of notification. If the call-in system is 
authorized or required, the Regional Director shall notify affected 
permit holders through a letter, notification in the Federal Register, 
or other appropriate means. Vessel owners authorized or required by the 
Regional Director, or required by Sec. 651.28(c), to provide 
notification by a call-in system shall be subject to the following 
requirements:
    (1) The vessel owner or authorized representative shall notify the 
Regional Director, prior to leaving port, that the vessel will be 
participating in the applicable DAS program, or in the sink gillnet 
fishery as required under Sec. 651.28(c), by calling 508-281-9335 or 
faxing 508-281-9135, and providing the following information: Vessel 
name and permit number, owner and caller name and phone number, the 
type of trip to be taken, the port of departure, and that the vessel is 
beginning a trip.
    (2) A multispecies DAS begins once the call has been received and 
confirmation given by the Regional Director.
    (3) Upon returning to port, the vessel owner or owner's 
representative shall notify the Regional Director that the trip has 
ended by calling 508-281-9335 or by faxing 508-281-9135, and providing 
the following information: Vessel name and permit number, owner and 
caller name and telephone number, port landed, and that the trip has 
ended.
    (4) A DAS ends when the call has been received and confirmation 
given by the Regional Director.
    (5) Any vessel that possesses or lands more than 500 lbs (226.8 kg) 
of regulated species shall be deemed in the DAS program for purposes of 
counting DAS, whether or not the vessel's owner or authorized 
representative provided adequate notification as required by this part.
    (6) Any change in status of a vessel cannot be done after leaving 
port on any fishing trip.


Sec. 651.30  Transfer-at-sea.

    (a) Vessels permitted under Sec. 651.4 are prohibited from 
transferring or attempting to transfer fish from one vessel to another 
vessel, unless authorized in writing by the Regional Director.
    (b) All vessels are prohibited from transferring or attempting to 
transfer multispecies finfish from one vessel to another vessel.


Sec. 651.31  At-sea observer coverage.

    (a) The Regional Director may require observers for any vessel 
holding a Federal multispecies permit.
    (b) Owners of vessels selected for observer coverage must notify 
the appropriate NMFS Regional or Northeast Fisheries Science Center 
Director, as specified by the Regional Director, before commencing any 
fishing trip that may result in the harvest of any multispecies 
finfish. 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. 651.32  Sink gillnet requirements to reduce harbor porpoise takes.

    (a) General. In addition to the measures specified in Secs. 651.20 
and 651.21, vessels using, or possessing on board the vessel, sink 
gillnet gear are subject to the following restrictions:
    (1) Gear removal. (i) All vessels must remove all their sink 
gillnet gear from EEZ waters for the number of days per month specified 
in the schedule below. All vessels issued a Federal Multispecies 
Limited Access Permit must remove all of their sink gillnet gear from 
all waters for the number of days per month specified in the schedule 
below. The Regional Director, in consultation with the Council, will 
provide the specific dates per month during which all sink gillnets 
must be removed from the regulated mesh areas according to the schedule 
below. The days per month shall be consecutive days on the dates of the 
month specified by the Regional Director according to paragraph (a)(2) 
of this section.

------------------------------------------------------------------------
                                                                 Total  
                       Year                           Days/     days/per
                                                      month      year   
------------------------------------------------------------------------
1994..............................................          4         48
1995..............................................          8         96
1996..............................................          8         96
1997..............................................         12        144
1998..............................................         16       192 
------------------------------------------------------------------------

    (2) Annual notification of the specific dates will be sent to all 
vessels issued a permit under Sec. 651.4.
    (3) During the time sink gillnet gear is removed from the water, 
the vessel may use other gear in accordance with the regulations of 
this part, provided that the vessel provides adequate notification as 
specified in Sec. 651.28(c) and complies with the effort reduction 
program set forth in Sec. 651.22.
    (b) Framework adjustment. (1) By August 1 of each year, the 
Council's Harbor Porpoise Review Team (HPRT) shall complete an annual 
review of harbor porpoise bycatch and abundance data in the sink 
gillnet fishery, evaluate the impacts on other measures that reduce 
harbor porpoise take, and may make recommendations on other 
``reduction-of-take'' measures.
    (2) At the first Council meeting following the HPRT annual meeting, 
the team shall make recommendations to the Council as to what 
adjustments or changes, if any, to the ``reduction-of-take'' measures 
should be implemented.
    (3) The Council may request at any time that the HPRT review and 
make recommendations on any alternative ``reduction-of-take'' measures 
or develop additional ``reduction-of-take'' proposals.
    (4) Upon receiving the recommendations of the HPRT, the Regional 
Director will publish notification in the Federal Register of any 
recommended changes or additions to the ``reduction-of-take'' measures 
and provide the public with any necessary analysis and opportunity to 
comment on any recommended changes or additions.
    (5) After receiving public comment, the Council shall determine 
whether to recommend changes or additions to the ``reduction-of-take'' 
measures at the second Council meeting following the meeting at which 
it received the HPRT's recommendations.
    (6) If the Council decides to recommend changes or additions to the 
``reduction-of-take'' measures, it shall make such a recommendation to 
the Regional Director, which must include supporting rationale, and, if 
management measures are recommended, an analysis of impacts and a 
recommendation to the Regional Director on whether to publish the 
management measures as a final rule. If the Council recommends that the 
management measures should be published as a final rule, the Council 
must consider at least the factors specified in Sec. 651.40(d).
    (7) The Regional Director may accept, reject, or, with Council 
approval, modify the Council's recommendation, including the Council's 
recommendation to publish a final rule. If the Regional Director does 
not approve the Council's specific recommendation, he/she must provide 
in writing to the Council the reasons for his/her action prior to the 
first Council meeting following publication of his/her decision.


Sec. 651.33  Hook-gear-only vessel requirements.

    Beginning on May 1, 1994, vessels, and persons on such vessels, 
fishing under the hook-gear-only permit specified in Sec. 651.4(b), 
whether or not the vessel has also been issued a limited access permit 
under Sec. 651.4(a), are subject to the following requirements 
throughout the year for which the permit is issued:
    (a) Vessels, and persons on such vessels, are prohibited from 
possessing gear other than hook gear on board the vessel while the 
vessel and persons on the vessel are in possession of or landing more 
than 500 lbs (226.8 kg) of, or fishing for regulated species at any 
time during the year for which the hook-gear-only permit is issued.
    (b) Vessels, and persons on such vessels, are prohibited from 
fishing, setting, or hauling back, per day, or possessing on board the 
vessel, more than 4,500 rigged hooks.
    (1) A hook is considered to be rigged to be fished if the hook and 
gangion is secured to the ground line of the trawl, whether or not it 
is baited.
    (2) An unbaited hook and gangion that has not been secured to the 
ground line of the trawl on board a vessel is considered to be a 
replacement hook and is not counted toward the 4,500 hook limit.
    (3) A ``snap-on'' hook is considered to be a replacement hook if it 
is not rigged or baited.
    (c) Adjustments to the hook exemption, hook size and style, and 
restrictions on gear used, such as crucifiers, in the hook fishery may 
be implemented or considered by the Council under subpart C of this 
part.

Subpart C--Framework Adjustments to Management Measures


Sec. 651.40  Framework specifications.

    (a) At least annually, the Regional Director will provide the 
Council with information on the status of the multispecies finfish 
resource and provide harvest targets for the upcoming year. The annual 
harvest targets shall be determined by the Stock Assessment Review 
Committee and shall be based on the projected fishing mortality rate 
reductions required under Sec. 651.22 for the principal multispecies 
stocks (Gulf of Maine cod, Georges Bank cod, Georges Bank haddock, 
Georges Bank yellowtail flounder, and Southern New England yellowtail 
flounder).
    (b) Within 60 days of receipt of that information, the Council's 
Plan Development Team (PDT) shall assess the condition of the 
multispecies finfish resource to determine the adequacy of the total 
allowable DAS reduction schedule, described in Sec. 651.22, to achieve 
the target fishing mortality rate and the annual harvest targets 
determined from that rate. In addition, the PDT shall make a 
determination whether other resource conservation issues exist that 
require a management response to meet the goals and objectives outlined 
in the FMP. The PDT shall report its findings and recommendations to 
the Council. In its report to the Council, the PDT shall provide the 
appropriate rationale and economic and biological analysis for its 
recommendation, utilizing the most current catch, effort, and other 
relevant data from the fishery.
    (c) After receiving the PDT findings and recommendations, the 
Council shall determine whether adjustments or additional management 
measures are necessary to meet the goals and objectives of the FMP. 
After considering the PDT's findings and recommendations, or at any 
other time, if the Council determines that adjustments or additional 
management measures are necessary, it shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council shall provide the public with advance notice of 
the availability of both the proposals and the analysis, and 
opportunity to comment on them prior to and at the second Council 
meeting. The Council's recommendation on adjustments or additions to 
management measures must come from one or more of the following 
categories:
    (1) DAS changes;
    (2) Effort monitoring;
    (3) Data reporting;
    (4) Possession limits;
    (5) Gear restrictions;
    (6) Closed areas;
    (7) Permitting restrictions;
    (8) Crew limits;
    (9) Minimum fish sizes;
    (10) Onboard observers;
    (11) Minimum hook size and hook style;
    (12) The use of crucifiers in the hook fishery;
    (13) Any other management measures currently included in the FMP.
    (d) After developing management actions and receiving public 
testimony, the Council shall make a recommendation to the Regional 
Director. The Council's recommendation must include supporting 
rationale, and, if management measures are recommended, an analysis of 
impacts, and a recommendation to the Regional Director on whether to 
publish the management measures as a final rule. If the Council 
recommends that the management measures should be published as a final 
rule, the Council must consider at least the following factors and 
provide support and analysis for each factor considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an 
entire harvest/fishing season;
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures;
    (3) Whether there is an immediate need to protect the resource; and
    (4) Whether there will be a continuing evaluation of management 
measures adopted following their promulgation as a final rule.
    (e) If the Council's recommendation includes adjustments or 
additions to management measures, and if after reviewing the Council's 
recommendation and supporting information:
    (1) The Regional Director concurs with the Council's recommended 
management measures and determines that the recommended management 
measures may be published as a final rule based on the factors 
specified in paragraph (d) of this section, the action will be 
published in the Federal Register as a final rule; or
    (2) The Regional Director concurs with the Council's recommendation 
and determines that the recommended management measures should be 
published first as a proposed rule, the action will be published as a 
proposed rule in the Federal Register. After additional public comment, 
if the Regional Director concurs with the Council recommendation, the 
action will be published as a final rule in the Federal Register; or
    (3) The Regional Director does not concur, the Council will be 
notified, in writing, of the reasons for the non-concurrence.
    (f) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action under section 305(e) of the 
Magnuson Act.

BILLING CODE 3510-22-P

TR01MR94.001

               Figure 1 to part 651: Regulated Mesh Areas.

TR01MR94.002

                  Figure 2 to part 651: Nordmore grate.

TR01MR94.003

                   Figure 3 to part 651: Closed Areas.

[FR Doc. 94-4610 Filed 2-24-94; 3:26 pm]
BILLING CODE 3510-22-C