[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Rules and Regulations]
[Pages 11591-11596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5564]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 971030259-8039-02; I.D. 101497C]
RIN 0648-AJ96
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 24
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement Framework Adjustment
24 to the Northeast Multispecies Fishery Management Plan (FMP). The
rule: Adjusts the Gulf of Maine (GOM) cod landing limit provision,
including the landing limit boundary line; allows vessels to carry-over
up to 10 unused multispecies days-at-sea (DAS) into the next fishing
year; and exempts vessels that fish in the Northwest Atlantic Fisheries
Organization (NAFO) Regulatory Area from certain provisions of the NE
multispecies FMP, such as the DAS requirements. The rule also corrects
a provision in the regulations implementing Amendment 7 to the FMP. The
intent of this rule is to improve the effectiveness of the GOM cod
landing limit, to promote safety, to provide flexibility and
opportunity to vessels fishing under the multispecies stock-rebuilding
program, and to correct an inadvertent omission in a previous rule.
DATES: Effective April 9, 1998 except for Sec. 648.81(f)(2)(ii)(B),
which contains information-collection requirements that are not
effective until approved by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act (PRA). When OMB approval is received,
the effective date of Sec. 648.81(f)(2)(ii)(B) will be published in the
Federal Register.
ADDRESSES: Copies of Amendment 7 to the FMP, its regulatory impact
review (RIR) and the regulatory flexibility analysis contained within
the RIR, its final supplemental environmental impact statement, and
Framework Adjustment 24 documents are available on request from Paul J.
Howard, Executive Director, New England Fishery Management Council, 5
Broadway, Saugus, MA 01906-1097. Comment regarding the collection-of-
information requirements contained in this final rule should be sent to
Andrew A. Rosenberg, Regional Administrator, Northeast Region, NMFS,
One Blackburn Drive, Gloucester, MA 01930-2298 and to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Washington, DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy
Analyst, 978-281-9252.
SUPPLEMENTARY INFORMATION: Framework Adjustment 20 (62 FR 15381, April
1, 1997, and 62 FR 49144, September 19, 1997) established a GOM cod
landing restriction whereby vessels fishing under a multispecies DAS
north of 42 deg.00' N. lat. can retain up to 1,000 lb (453.6 kg) of cod
per day, or any part of a day, for each of the first 4 days of a trip,
and up to 1,500 lb (680.4 kg) of cod per day, or any part of a day, in
excess of 4 days. To minimize discarding, a mechanism was developed
that allowed vessels to land cod in excess of the landing limit,
provided that they not call-out of the multispecies DAS program until
DAS per trip correspond to the total allowable landings of cod per
trip. To address reports that some vessels may be directing on GOM cod
early in the trip and letting their DAS clock continue to run while
returning to sea to fish for other regulated species, thereby
circumventing the intent of the landing limit restriction, the New
England Fishery Management Council (Council) recommended requiring
vessels that exceed the GOM cod landing limit to remain in port until
DAS equate to total landings of cod.
This framework adjusts the landing limit provision by requiring
vessels subject to this provision to remain in port until sufficient
DAS have passed to equate to the cod landed. In addition, these vessels
are required to come into port and report to NMFS within 14 days of
starting a trip. Transiting between ports, subject to certain
restrictions, is authorized.
To better represent the stock boundary between GOM and Georges Bank
cod, this framework modifies the current GOM cod landing limit boundary
from 42 deg.00' N. lat. to 42 deg.20' N. lat. east of 69 deg.30' W.
long.
Due to concern that unforeseen circumstances may result in
forfeiture of DAS or fishing under unsafe circumstances at the end of a
fishing year, this measure allows active vessels to carry-over up to 10
unused multispecies DAS from one fishing year to the next. Vessels will
automatically be credited with the amount of unused DAS remaining, up
to a maximum of 10. DAS sanctioned vessels will be credited with unused
DAS based on their DAS allocation minus total DAS sanctioned.
In order to remove regulatory obstacles from the U.S. vessels
participating in NAFO fisheries, this rule exempts multispecies vessels
that possess a High Seas fishing permit and that are fishing
exclusively in the NAFO Regulatory Area from DAS, minimum mesh size,
and possession limit requirements of the multispecies FMP implementing
regulations. Participating vessels are required to obtain, and have on
board the vessel, a letter of authorization issued by the
Administrator, Northeast Region, NMFS (Regional Administrator).
This rule does not include a provision contained in the proposed
rule to implement Framework 24 that would have allowed Day and Trip
gillnet category vessels to switch categories once during the 1997
fishing year. Because of the time necessary for notice and comment
rulemaking procedures for Framework 24, there is insufficient time left
in the fishing year for a vessel switching into the Day gillnet
category to meet the required 120 days out of the non-exempt gillnet
fishery before the end of the fishing year (April 30).
Further details concerning justification for and development of
Framework Adjustment 24 were provided in the notice of proposed
rulemaking (62 FR 60676, November 12, 1997).
This rule also corrects an omission to the regulations implementing
Amendment 7. The regulations specifically prohibit vessels from fishing
for, or possessing, regulated species when fishing with exempted gear
in closed areas. Although Amendment 7
[[Page 11592]]
clearly intends that this prohibition extends to fishing under a
multispecies DAS in closed areas, the regulatory language is not
specific in this regard. This framework clarifies the intent of this
measure by extending this prohibition to all vessels, whether fishing
under a DAS or outside the DAS program, unless stated otherwise in the
regulations.
Comments and Responses
Written comments were submitted by a fishing industry association--
Associated Fisheries of Maine--and by one individual.
Comment: One individual opposed adjusting the current GOM cod
landing limit boundary line, stating that there was no analysis to
support this change. The individual expressed concern that, by
adjusting this line northward as proposed, areas with concentrations of
GOM cod would become exempt from the landing limit requirement.
Response: NMFS disagrees. The landing limit boundary adjustment in
Framework 24 is more consistent with the stock areas defined for
assessment purposes for GOM cod than for the line previously
established in Framework 20.
Comment: The fishing industry association supported all the
Framework 24's measures; including the adjustment to the boundary line.
Response: All of the measures proposed in Framework 24 were
approved, and with exception noted above, are being implement by the
final rule.
Changes in the Final Rule From the Proposed Rule
As described above, this final rule corrects an inadvertent
omission in an earlier rule and does not implement one provision
contained in the proposed rule. In addition, several provisions were
revised based on comments by NMFS Enforcement. These revisions do not
change the regulatory requirements, but will enhance the enforceability
of this action. They are as follows:
In Sec. 648.4(a)(1) and in Sec. 648.17 introductory text and
paragraph (d), the name of the High Seas permit has been revised to
accurately reflect its title.
In Sec. 648.4, paragraph (c)(2)(iii)(B), and in Sec. 648.82,
paragraphs (k)(1)(iv)(A) and (D), have been removed to reflect the
elimination of the provision to allow Trip gillnet category vessels to
switch to the Day gillnet vessel category once during the 1997 fishing
year.
In Sec. 648.10, paragraph (f)(3) has been revised to inform the
public where to call to hail their cod weight.
In Sec. 648.14, paragraph (a)(12) has been removed, as this
provision is no longer necessary since vessels fishing in the NAFO
Regulatory Area must now obtain an exemption letter.
In Sec. 648.14, paragraphs (c)(23) and (24) have been revised to
correct and clarify that the call-in requirement after a vessel has
fished 14 DAS is specified in Sec. 648.10(f)(3).
In Sec. 648.14, paragraph (a)(104) is added to clarify that vessels
fishing with exempted gear in the multispecies closed areas may not
retain regulated species at any time, unless otherwise specified.
Section 648.17 is revised to require that vessels participating in
NAFO fisheries under the multispecies exemptions carry a letter of
authorization issued by the Regional Administrator on board the vessel,
rather than reporting their participation via calling-in and out to the
nearest enforcement agent. Under the proposed rule, the Regional
Administrator would have been authorized to require a letter of
authorization, in lieu of the call-in if it was determined necessary
for enforcement purposes. The Offices of Enforcement and General
Counsel have recommended implementation of this requirement, and the
provision was revised consistent with this recommendation.
In Sec. 648.53, paragraph (d) is revised to mirror language
specified in Sec. 648.82(l) regarding DAS sanctioned vessels.
In Sec. 648.81, paragraphs (a)(2)(i), (c)(2)(ii), and (f)(2)(ii)
are revised to clarify that vessels fishing with exempted gear in the
multispecies closed areas may not retain regulated species at any time,
unless otherwise specified.
In Sec. 648.82, paragraph (l) is revised to explain that
multispecies DAS sanctioned vessels will be allowed to carry-over up to
10 unused DAS based on their DAS allocation minus any DAS that were
sanctioned. Also, language in this paragraph preventing vessels from
accumulating carry-over days from year-to-year has been removed since
it is unnecessary and contrary to the intent of this provision.
In Sec. 648.86, paragraph (b)(1)(i) is revised to clarify that ``a
day'' for purposes of the cod landing limit is a DAS.
In Sec. 648.86, paragraph (b)(1)(ii)(A) is revised to explain that
the word ``port'' is defined based on the definition ``prior to leaving
port'' and to clarify that a vessel may not leave port, unless it is
transiting and until sufficient time has elapsed to account for the cod
harvested.
Under NOAA Administrative Order 205-11, dated December 17, 1990,
the Under Secretary for Oceans and Atmosphere has delegated to the
Assistant Administrator for Fisheries, NOAA, the authority to sign
material for publication in the Federal Register.
Classification
The Regional Administrator determined that Framework 24 is
necessary for the conservation and management of the NE multispecies
fishery and that it is consistent with the Magnuson-Stevens Act and
other applicable laws.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration when this rule was proposed, that if
adopted as proposed, it would not have a significant economic impact on
a substantial number of small entities. No comments were received
regarding this certification. As a result, no regulatory flexibility
analysis was prepared.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the PRA unless that collection of information displays a currently
valid OMB control number.
This rule contains two new collection-of-information requirements
subject to the PRA. The collection of this information has been
approved by the OMB, under OMB control number 0648-0202. The estimated
response times are as follows:
1. Declaration of transit to another port under the exception to
the cod landing limit requirement to remain in port (1 minute/response
when made in conjunction with a cod hail line call, 3 minutes/response
when made as a separate call).
2. Request for letter of authorization to fish in the NAFO
Regulatory Area (3 minutes/response).
This final rule also restates current information requirements that
had been approved by OMB under the PRA and that are needed for the
implementation of Framework Adjustment 24. These current information
requirements are approved under OMB control number 0648-0202. Their
estimated response times are as follows:
1. Reporting of cod catch on board and to be off-loaded for vessels
fishing north of the cod exemption line, specified at
Sec. 648.86(b)(1), while fishing under a NE multispecies DAS requires
vessel notification (3 minutes/response).
[[Page 11593]]
2. The letter of authorization exempting a vessel fishing south of
the cod exemption line, specified at Sec. 648.86(b)(2), while fishing
under a NE multispecies DAS requires vessel notification (2 minutes/
response).
3. The DAS call-in requirement for vessels under a DAS upon return
to port (2 minutes/response).
The estimated response time includes the time needed for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding any of these burden
estimates or any other aspect of the collection of information to NMFS
and to OMB (see ADDRESSES).
This rule also includes a gear marking provision which is contained
in Sec. 648.81(f)(2)(ii)(B). This provision was originally implemented
under Framework Adjustment 16 (63 FR 9378, March 3, 1997) and revised
under Framework Adjustment 18 (63 FR 7727). Upon reviewing this
provision during the issuance process for this rule to implement
Framework Adjustment 24, NMFS has concluded that the gear marking
provision contained in Sec. 648.81(f)(2)(ii)(B) should have been
submitted for OMB clearance as a new collection-of-information
requirement. This provision relates to fishing in the upper two-thirds
of the water column and unlike bottom-tending fixed gear is not covered
under the current OMB control number 0648-0305 clearance. Therefore,
NMFS is in the process of submitting the appropriate documentation for
OMB clearance for this gear marking requirement for gear other than
bottom-tending fixed gear and will publish notification of the
effective date for Sec. 648.81(f)(2)(ii)(B) in the Federal Register
when OMB clearance is received.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 26, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 15 CFR Chapter IX and 50
CFR Chapter VI are amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
Sec. 902.1 [Amended]
2. In Sec. 902.1, paragraph (b), the table is amended by adding, in
numerical order, in the left column under 50 CFR, the entry ``648.17'',
and in the right column, in the corresponding position, the control
number ``-0202''.
50 CFR CHAPTER VI
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
3. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 648.2, the definitions for ``NAFO'', ``NAFO Convention
Area'', and ``NAFO Regulatory Area'' are added, in alphabetical order,
to read as follows:
Sec. 648.2 Definitions.
* * * * *
NAFO means Northwest Atlantic Fisheries Organization.
NAFO Convention Area means the waters of the Northwest Atlantic
Ocean north of 35 deg.00' N. lat. and west of a line extending due
north from 35 deg.00' N. lat. and 42 deg.00' W. long. to 59 deg.00' N.
lat., thence due west to 44 deg.00' W. long., and thence due north to
the coast of Greenland and the waters of the Gulf of St. Lawrence,
Davis Strait and Baffin Bay south of 78 deg.10' N. lat.
NAFO Regulatory Area means the part of the NAFO Convention Area
which lies beyond the 200-mile zone of the coastal states.
* * * * *
5. In Sec. 648.4, paragraph (a)(1) introductory text is revised to
read as follows:
Sec. 648.4 Vessel and individual commercial permits.
(a) * * * (1) NE multispecies vessels. Except for vessels that have
been issued a valid High Seas Fishing Compliance permit, have declared
their intent to fish, and fish exclusively in the NAFO Regulatory Area
as provided in Sec. 648.17, any vessel of the United States, including
a charter or party boat, must have been issued and have on board a
valid multispecies permit to fish for, possess, or land multispecies
finfish in or from the EEZ. Multispecies frames used as, or to be used
as, bait on a vessel fishing exclusively with pot gear are deemed not
to be multispecies finfish for purposes of this part provided that
there is a receipt for the purchase of those frames on board the
vessel.
* * * * *
6. In Sec. 648.10, paragraph (c)(5) is revised and paragraph (f)(3)
is added to read as follows:
Sec. 648.10 DAS notification requirements.
* * * * *
(c) * * *
(5) Any vessel that possesses or lands per trip more than 400 lb
(181.44 kg) of scallops, and any vessel issued a limited access
multispecies permit subject to the DAS program and call-in requirement
that possesses or lands regulated species, except as provided in
Secs. 648.17 and 648.89, shall be deemed in the DAS program for
purposes of counting DAS, regardless of whether the vessel's owner or
authorized representative provided adequate notification as required by
this paragraph (c).
* * * * *
(f) * * *
(3) Cod landing limit call-in. (i) A vessel subject to the cod
landing limit restriction specified in Sec. 648.86(b)(1)(i), that has
not exceeded the allowable limit of cod based on the duration of the
trip, must enter port and call-out of the DAS program no later than 14
DAS after starting (i.e., the time of issuance of a DAS authorization
number) a multispecies DAS trip.
(ii) A vessel subject to the cod landing limit restriction
specified in Sec. 648.86(b)(1)(i) that exceeds or is expected to exceed
the allowable limit of cod based on the duration of the trip must enter
port no later than 14 DAS after starting a multispecies DAS trip (i.e.,
the time of issuance of a DAS authorization number) and must report,
upon entering port and before offloading, its hailed weight of cod
under the separate call-in system as specified in
Sec. 648.86(b)(1)(ii)(B). Such vessel must remain in port, unless for
transiting purposes as allowed in Sec. 648.86(b)(3), and may not call-
out of the DAS program for that trip until sufficient time has elapsed
to account for and justify the amount of cod on board in accordance
with Sec. 648.86(b)(1)(ii).
7. In Sec. 648.14, paragraph (a)(31)(ii) is amended by removing the
word ``or'' at the end of the paragraph, paragraphs (a)(13),
(a)(31)(iii), (a)(33), (a)(35) through (37), (a)(47), (a)(55), (b), (c)
introductory text, (d) introductory text,
[[Page 11594]]
(e), (g) introductory text, (t), and (x)(4) are revised, and paragraphs
(a)(31)(iv), (a)(104) and (c)(22) through (25) are added to read as
follows:
Sec. 648.14 Prohibitions.
(a) * * *
(13) Purchase, possess or receive for a commercial purpose, or
attempt to purchase possess or receive for a commercial purpose, any
species regulated under this part unless in possession of a valid
dealer permit issued under this part, except that this prohibition does
not apply to species that are purchased or received from a vessel not
issued a permit under this part that fished exclusively in state
waters, or unless otherwise specified in Sec. 648.17.
* * * * *
(31) * * *
(iii) The NE multispecies were harvested in or from the EEZ by a
recreational fishing vessel; or
(iv) Unless otherwise specified in Sec. 648.17.
* * * * *
(33) Sell, barter, trade, or otherwise transfer; or attempt to
sell, barter, trade, or otherwise transfer for a commercial purpose any
NE multispecies from a trip, unless the vessel is holding a
multispecies permit, or a letter under Sec. 648.4(a)(1), and is not
fishing under the charter/party vessel restrictions specified in
Sec. 648.89, or unless the NE multispecies were harvested by a vessel
without a multispecies permit that fishes for NE multispecies
exclusively in state waters, or unless otherwise specified in
Sec. 648.17.
* * * * *
(35) Fish with, use, or have on board within the area described in
Sec. 648.80(a)(1), nets of mesh whose size is smaller than the minimum
mesh size specified in Sec. 648.80(a)(2), except as provided in
Sec. 648.80(a)(3) through (6), (a)(8), (a)(9), (d), (e) and (i), unless
the vessel has not been issued a multispecies permit and fishes for NE
multispecies exclusively in state waters, or unless otherwise specified
in Sec. 648.17.
(36) Fish with, use, or have available for immediate use within the
area described in Sec. 648.80(b)(1), nets of mesh size smaller than the
minimum size specified in Sec. 648.80(b)(2), except as provided in
Sec. 648.80(b)(3), (d), (e), and (i), or unless the vessel has not been
issued a multispecies permit and fishes for multispecies exclusively in
state waters, or unless otherwise specified in Sec. 648.17.
(37) Fish with, use, or have available for immediate use within the
area described in Sec. 648.80(c)(1), nets of mesh size smaller that the
minimum mesh size specified in Sec. 648.80(c)(2), except as provided in
Sec. 648.80(c)(3), (d), (e), and (i), or unless the vessel has not been
issued a multispecies permit and fishes for NE multispecies exclusively
in state waters, or unless otherwise specified in Sec. 648.17.
* * * * *
(47) Fish for the species specified in Sec. 648.80(d) or (e) with a
net of mesh size smaller than the applicable mesh size specified in
Sec. 648.80(a)(2), (b)(2), or (c)(2), or possess or land such species,
unless the vessel is in compliance with the requirements specified in
Sec. 648.80(d) or (e), or unless the vessel has not been issued a
multispecies permit and fishes for NE multispecies exclusively in state
waters, or unless otherwise specified in Sec. 648.17.
* * * * *
(55) Purchase, possess, or receive as a dealer, or in the capacity
of a dealer, regulated species in excess of the possession limit
specified in Sec. 648.86 applicable to a vessel issued a multispecies
permit, unless otherwise specified in Sec. 648.17.
* * * * *
(104) Fish for, harvest, possess, or land regulated multispecies
when fishing in the closed areas specified in Sec. 648.81(a), (b), (c),
(f), (g) and (h), unless otherwise specified in Sec. 648.81(c)(2)(iii),
(f)(2)(i) and (f)(2)(iii).
(b) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it
is unlawful for any person owning or operating a vessel holding a
multispecies permit, issued an operator's permit, or issued a letter
under Sec. 648.4(a)(1)(i)(H)(3), to land, or possess on board a vessel,
more than the possession or landing limits specified in Sec. 648.86(a)
and (b), or to violate any of the other provisions of Sec. 648.86,
unless otherwise specified in Sec. 648.17.
(c) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this
section, it is unlawful for any person owning or operating a vessel
issued a limited access multispecies permit or a letter under
Sec. 648.4(a)(1)(i)(H)(3), unless otherwise specified in Sec. 648.17,
to do any of the following:
* * * * *
(22) Fail to comply with the exemption specifications as described
in Sec. 648.17.
(23) Fail to enter port and call-out of the DAS program no later
than 14 DAS after starting (i.e., the time of the issuance of the DAS
authorization number) a multispecies DAS trip, as specified in
Sec. 648.10(f)(3), unless otherwise specified in Sec. 648.86(b)(1)(ii),
or unless the vessel is fishing under the cod exemption specified in
Sec. 648.86(b)(2).
(24) Fail to enter port and report the hail weight of cod no later
than 14 DAS after starting (i.e., the time of the issuance of the DAS
authorization number) a multispecies DAS trip, as specified in
Sec. 648.10(f)(3), if the vessel exceeds the allowable limit of cod
specified in Sec. 648.86(b)(1)(i), unless the vessel is fishing under
the cod exemption specified in Sec. 648.86(b)(2).
(25) Fail to remain in port for the appropriate time specified in
Sec. 648.86(b)(1)(ii)(A), except for transiting purposes, provided the
vessel complies with Sec. 648.86(b)(3).
(d) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of
this section, it is unlawful for any person owning or operating a
vessel issued a multispecies handgear permit to do any of the
following, unless otherwise specified in Sec. 648.17:
* * * * *
(e) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) through (d) of this
section, it is unlawful for any person owning or operating a vessel
issued a scallop multispecies possession limit permit to possess or
land more than the possession limit of regulated species specified at
Sec. 648.88(c) or to possess or land regulated species when not fishing
under a scallop DAS, unless otherwise specified in Sec. 648.17.
* * * * *
(g) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and the prohibitions specified in
paragraphs (a) through (f) of this section, it is unlawful for the
owner or operator of a charter or party boat issued a multispecies
permit, or of a recreational vessel, as applicable, unless otherwise
specified in Sec. 648.17, to:
* * * * *
(t) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) through (h) of this
section, it is unlawful for any person owning or operating a vessel
issued a nonregulated multispecies permit to possess or land any
regulated species as defined in Sec. 648.2, or violate any applicable
provisions of Sec. 648.88, unless otherwise specified in Sec. 648.17.
* * * * *
(x) * * *
(4) NE multispecies. (i) Regulated species possessed for sale that
do not
[[Page 11595]]
meet the minimum sizes specified in Sec. 648.83 for sale are deemed to
have been taken or imported in violation of these regulations, unless
the preponderance of all submitted evidence demonstrates that such fish
were harvested by a vessel not issued a permit under this part and
fishing exclusively within state waters, or by a vessel that fished
exclusively in the NAFO Regulatory Area. This presumption does not
apply to fish being sorted on deck.
(ii) Regulated species possessed for sale that do not meet the
minimum sizes specified in Sec. 648.83 for sale are deemed taken from
the EEZ or imported in violation of these regulations, unless the
preponderance of all submitted evidence demonstrates that such fish
were harvested by a vessel not issued a permit under this part and
fishing exclusively within state waters, or by a vessel that fished
exclusively in the NAFO Regulatory Area. This presumption does not
apply to fish being sorted on deck.
* * * * *
8. Section 648.17 is added to subpart A to read as follows:
Sec. 648.17 Exemptions for vessels fishing in the NAFO Regulatory Area
for Multispecies vessels.
A vessel issued a valid High Seas Fishing Compliance permit under
50 CFR part 300 is exempt from multispecies permit, mesh size, effort-
control, and possession limit restrictions, specified in Secs. 648.4,
648.80, 648.82 and Sec. 648.86, respectively, while transiting the EEZ
with multispecies on board the vessel, or landing multispecies in U.S.
ports that were caught while fishing in the NAFO Regulatory Area,
provided:
(a) The vessel operator has a letter of authorization issued by the
Regional Administrator on board the vessel;
(b) For the duration of the trip, the vessel fishes, except for
transiting purposes, exclusively in the NAFO Regulatory Area and does
not harvest fish in, or possess fish harvested in, or from, the EEZ;
(c) When transiting the EEZ, all gear is properly stowed in
accordance with one of the applicable methods specified in
Sec. 648.81(e); and
(d) The vessel operator complies with the High Seas Fishing
Compliance permit and all NAFO conservation and enforcement measures
while fishing in the NAFO Regulatory Area.
9. In Sec. 648.53, paragraph (d) is revised to read as follows:
Sec. 648.53 DAS allocations.
* * * * *
(d) End-of-year carry-over. Limited access vessels with unused DAS
on the last day of February of any year may carry over a maximum of 10
DAS into the next year. At no time may more than 10 DAS be carried
over. DAS sanctioned vessels will be credited with unused DAS based on
their DAS allocation minus total DAS sanctioned.
* * * * *
10. Section 648.80 is amended by revising the introductory text to
read as follows:
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
Except as provided in Sec. 648.17, all vessels must comply with the
following minimum mesh size, gear and methods of fishing requirements,
unless otherwise exempted or prohibited:
* * * * *
11. In Sec. 648.81, paragraphs (a)(2)(i), (c)(2)(ii), and
(f)(2)(ii) are revised to read as follows:
Sec. 648.81 Closed areas.
(a) * * *
(2) * * *
(i) Fishing with or using pot gear designed and used to take
lobsters, or pot gear designed and used to take hagfish, provided that
there is no retention of regulated species and no other gear on board
capable of catching NE multispecies; or
* * * * *
(c) * * *
(2) * * *
(ii) Fishing with or using dredge gear designed and used to take
surf clams or ocean quahogs, provided that there is no retention of
regulated species and no other gear on board capable of catching NE
multispecies; or
* * * * *
(f) * * *
(2) * * *
(ii) That are fishing with or using exempted gear as defined under
this part, subject to the restrictions on midwater trawl gear in
paragraph (a)(2)(iii) of this section, and excluding pelagic gillnet
gear capable of catching multispecies, except vessels may fish with a
single pelagic gillnet, not longer than 300 ft (91.44 m) and not
greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches
(7.62 cm), provided:
(A) The net is attached to the boat and fished in the upper two-
thirds of the water column;
(B) The net is marked with the owner's name and vessel
identification number;
(C) There is no retention of regulated species; and
(D) There is no other gear on board capable of catching NE
multispecies; or
* * * * *
12. In Sec. 648.82, paragraph (a) is revised to read as follows:
Sec. 648.82 Effort-control program for limited access vessels.
(a) General. Except as provided in Sec. 648.17, a vessel issued a
limited access multispecies permit may not fish for, possess, or land
regulated species, except during a DAS as allocated under and in
accordance with the applicable DAS program described in this section,
unless otherwise provided elsewhere in this part.
(1) End-of-year carry-over. With the exception of vessels that held
a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J)
for the entire fishing year preceding the carry-over year, limited
access vessels that have unused DAS on the last day of April of any
year, may carry over a maximum of 10 DAS into the next year. DAS
sanctioned vessels will be credited with unused DAS based on their DAS
allocation minus total DAS sanctioned.
(2) [Reserved]
* * * * *
13. In Sec. 648.83, paragraph (a)(1) introductory text is revised
to read as follows:
Sec. 648.83 Minimum fish sizes.
(a) * * * (1) Minimum fish sizes for recreational vessels and
charter/party vessels that are not fishing under a NE multispecies DAS
are specified in Sec. 648.89. Except as provided in Sec. 648.17, all
other vessels are subject to the following minimum fish sizes (TL):
* * * * *
14. In Sec. 648.86, introductory text and paragraph (b)(3) are
added, and paragraphs (b)(1) heading, (b)(1)(i), (b)(1)(ii), and (b)(2)
are revised to read as follows:
Sec. 648.86 Possession restrictions.
Except as provided in Sec. 648.17, the following possession
restrictions apply:
* * * * *
(b) * * *
(1) Gulf of Maine landing limit. (i) Except as provided in
paragraphs (b)(1)(ii) and (b)(2) of this section, and subject to the
cod landing limit call-in provision specified at Sec. 648.10(f)(3)(i),
a vessel fishing under a NE multispecies DAS may land up to 1,000 lb
(453.6 kg) of cod per DAS, or any part of a DAS, for each of the first
4 DAS of a trip, and may land up to 1,500 lb (680.4 kg) of cod per DAS
for each DAS, or any part of a DAS, in excess of 4 consecutive DAS.
Vessels calling-out of the multispecies DAS program under
[[Page 11596]]
Sec. 648.10(c)(3) that have utilized ``part of a DAS'' (less than 24
hours) may land up to an additional 1,000 lb (453.6 kg), or 1,500 lb
(680.4 kg) if applicable, of cod for that ``part of a DAS''; however,
such vessels may not end any subsequent trip with cod on board within
the 24-hour period following the beginning of the ``part of the DAS''
utilized (e.g., a vessel that has called-in to the multispecies DAS
program at 3 p.m. on a Monday and ends its trip the next day (Tuesday)
at 4 p.m. (accruing a total of 25 hours) may legally land up to 2,000
lb (907.2 kg) of cod on such a trip, but the vessel may not end any
subsequent trip with cod on board until after 3 p.m. on the following
day (Wednesday)). Cod on board a vessel subject to this landing limit
must be separated from other species of fish and stored so as to be
readily available for inspection.
(ii) A vessel subject to the cod landing limit restrictions
described in paragraph (b)(1)(i) of this section, and subject to the
cod landing limit call-in provision specified at Sec. 648.10(f)(3)(ii),
may come into port with and offload cod in excess of the landing limit
as determined by the number of DAS elapsed since the vessel called into
the DAS program, provided that:
(A) The vessel operator does not call-out of the DAS program as
described under Sec. 648.10(c)(3) and does not depart from a dock or
mooring in port to engage in fishing, unless transiting as allowed in
paragraph (b)(3) of this section, until sufficient time has elapsed to
account for and justify the amount of cod harvested at the time of
offloading regardless of whether all of the cod on board is offloaded
(e.g., a vessel that has called-in to the multispecies DAS program at 3
p.m. on Monday that fishes and comes back into port at 4 p.m. on
Wednesday of that same week with 4,000 lb (1,814.4 kg) of cod, and
offloads some or all of its catch, cannot call out of the DAS program
or leave port until 3:01 p.m. the next day, Thursday (i.e., 3 days plus
one minute)); and
(B) Upon returning to port and before offloading, the vessel
operator notifies the Regional Administrator (see Table 1 to
Sec. 600.502 of this chapter for the Regional Administrator's address)
and provides the following information: Vessel name and permit number,
owner and caller name, DAS confirmation number, phone number, and the
hail weight of cod on board and the amount of cod to be offloaded, if
any. A vessel that has not exceeded the landing limit and is offloading
and ending its trip by calling out of the multispecies DAS program does
not have to report under this call-in system.
* * * * *
(2) Exemption. A vessel fishing under a NE multispecies DAS is
exempt from the landing limit described in paragraph (b)(1) of this
section when fishing south of a line beginning at the Cape Cod, MA
coastline at 42 deg.00' N. lat. and running eastward along 42 deg.00'
N. lat. until it intersects with 69 deg.30' W. long., then northward
along 69 deg.30' W. long. until it intersects with 42 deg.20' N. lat.,
then eastward along 42 deg.20' N. lat. until it intersects with
67 deg.20' W. long., then northward along 67 deg.20' W. long. until it
intersects with the U.S.-Canada maritime boundary, provided that it
does not fish north of this exemption area for a minimum of 30
consecutive days (when fishing under the multispecies DAS program), and
has on board an authorization letter issued by the Regional
Administrator. Vessels exempt from the landing limit requirement may
transit the GOM/GB Regulated Mesh Area north of this exemption area,
provided that their gear is stowed in accordance with one of the
provisions of Sec. 648.81(e).
(3) Transiting. A vessel that has exceeded the cod landing limit as
specified in paragraph (b)(1) of this section and is, therefore,
subject to remain in port for the period of time described in paragraph
(b)(1)(ii)(A) of this section, may transit to another port during this
time, provided that the vessel operator notifies the Regional
Administrator (see Table 1 to Sec. 600.502 of this chapter for the
Regional Administrator's address) either at the time the vessel reports
its hailed weight of cod or at a later time prior to transiting, and
provides the following information: Vessel name and permit number,
destination port, time of departure, and estimated time of arrival. A
vessel transiting under this provision must stow its gear in accordance
with one of the methods specified in Sec. 648.81(e), and may not have
any fish on board the vessel.
* * * * *
[FR Doc. 98-5564 Filed 3-9-98; 8:45 am]
BILLING CODE 3510-22-F
