[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Proposed Rules]
[Pages 13952-13958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7088]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 990226056-9056-01; I.D. 122498C]
RIN 0648-AL31
Northeast Multispecies Fishery; Amendment 9 to the Northeast
Multispecies Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Amendment 9 to the
Northeast Multispecies Fishery Management Plan (FMP). This amendment
would add Atlantic halibut to the species managed under the Northeast
Multispecies FMP, implement measures to rebuild halibut and stocks of
winter flounder, and implement new or revised overfishing definitions
and revised specifications of optimum yield for 12 groundfish species.
This rule proposes: The addition of Atlantic halibut to the species
managed under the Northeast Multispecies FMP and a one-fish halibut
possession limit with a minimum size of 36 inches (66 cm); an increase
of one inch in the minimum size of winter flounder; postponement of the
Vessel Monitoring System (VMS) requirement beyond May 1, 1999; a
modification of the framework process to allow for aquaculture projects
and changes to the overfishing definitions; and a prohibition of brush-
sweep trawl gear when fishing for multispecies. The intent of Amendment
9 is to eliminate overfishing and rebuild many of the groundfish
stocks.
DATES: Comments are invited through May 3, 1999.
ADDRESSES: Comments on proposed Amendment 9 to the FMP, and its
supporting documents should be sent to Jon C. Rittgers, Acting Regional
Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive,
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on
Multispecies Plan.''
Comments regarding the collection-of-information requirements
contained in this proposed rule should be sent to the Acting Regional
Administrator and to the Office of Information and Regulatory Affairs,
Office of Management and Budget, Washington, DC 20503 (Attention: NOAA
Desk Officer).
[[Page 13953]]
Copies of proposed Amendment 9, its Regulatory Impact Review, and
the Final Environmental Assessment are available from Paul J. Howard,
Executive Director, New England Fishery Management Council, Suntaug
Office Park, 5 Broadway (U.S. Route 1), Saugus, MA 01906-1097.
Copies of the Initial Regulatory Flexibility Analysis (IRFA) are
available from the Jon C. Rittgers, Acting Regional Administrator,
NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA
01930. Comments regarding the IRFA should be sent to the Acting
Regional Administrator.
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy
Analyst, 978-281-9252.
SUPPLEMENTARY INFORMATION: The New England Fishery Management Council
(Council) developed Amendment 9 primarily to address the new
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), as amended by the Sustainable
Fisheries Act (SFA) on October 11, 1996. NMFS published a notice of
availability for Amendment 9 in the Federal Register on January 5, 1999
(64 FR 471), soliciting public comments on the amendment through March
8, 1999. All comments received by the end of that comment period on the
proposed amendment, whether specifically directed to the amendment or
to this proposed rule, will be considered in the approval/disapproval
decision on the amendment. Public comments must have been received (not
postmarked or otherwise transmitted, including faxes) by the close of
business on March 8, 1999, to be considered in the approval/disapproval
decision. Comments received after March 8, 1999, but before the end of
the comment period for this proposed rule (May 3, 1999), will not be
considered in the approval/disapproval decision of the amendment, but
will be addressed in the final rule.
In February 1998, the Multispecies Plan Development Team (PDT) met
to review the new SFA requirements and the list of overfished
groundfish stocks submitted in NMFS' September 1997 ``Report to
Congress,'' to develop recommendations for the Council on the required
reductions to stop overfishing. Referring to the December 1997 Report
of the Multispecies Monitoring Committee as its primary source of
information, the PDT noted that overall nominal effort and exploitation
rates had declined for all the stocks identified in this amendment as
overfished except halibut. The PDT commented that this was primarily
due to measures implemented under Amendment 5 (59 FR 9872, March 1,
1994) and Amendment 7 (61 FR 27710, July 1, 1996) to the FMP. The PDT
also commented that additional reductions proposed to take effect under
the May 1998 annual adjustment, Framework Adjustment 25 (63 FR 15326),
would likely result in further declines.
Amendment 7 (61 FR 27710) established a procedure for setting
annual target total allowable catch (TAC) levels for specific cod,
haddock, and yellowtail flounder stocks, and an aggregate TAC for the
combined stocks of the other regulated species. Under this annual
framework adjustment process, TAC levels are set to attain a fishing
mortality rate that allows the principal stocks to rebuild to minimum
biomass thresholds over time, and to maintain current potential yield
for the other regulated species. Although the intent of the management
program established under Amendment 7 is to rebuild stocks of cod,
haddock, and yellowtail flounder, other multispecies stocks benefit
from measures imposed as well. Except for Georges Bank haddock,
rebuilding to the Amendment 7 thresholds was expected to take 10 years
or less. Georges Bank haddock had a 50-percent probability of being
rebuilt within 12 years. Because this annual adjustment provides a
process to review new information, either through assessments or trawl
surveys and landings data, it ensures a safety mechanism against
increases in effort. Therefore, based on measures currently in place
and the assurance of an annual adjustment process to address any new
information, the PDT recommended that additional measures to reduce
fishing mortality rates were not needed at this time.
Due to insufficient information, the PDT was unable to determine
the status of the halibut stock, but noted that it was severely
depleted by historical standards. Given this, the PDT's recommendation
to the Council was to reduce fishing mortality for halibut to as close
to zero as possible. This rule would implement a one-fish possession
limit and set a minimum fish size of 36 inches (66 cm). This limit is
intended to stop directed fishing on halibut without requiring wasteful
discarding of vessels that incidentally catch an occasional halibut.
Early in the development of Amendment 9, the Council adopted the
Atlantic States Marine Fisheries Commission's (ASMFC's) more
restrictive rebuilding goal for winter flounder (F40%
!as compared with the current overfishing definition in the FMP
of F20%). At its meeting, the PDT reviewed the
ASMFC's most recent winter flounder assessment and, although this
information was preliminary, the PDT noted that, if ASMFC's more
restrictive management objective is to be met, additional measures were
likely needed for the Southern New England/Mid-Atlantic winter flounder
stock. To help achieve this goal, this rule proposes a 13-inch (33 cm)
minimum fish size for winter flounder.
Because of the significant revisions to National Standard 1, the
Council, with the Mid-Atlantic Fishery Management Council, convened an
Overfishing Definition Review Panel to review existing overfishing
definitions for compliance with the new SFA requirements. At its June
24-25, 1998, meeting, the Council adopted the Review Panel's
recommendations, including control rules that specify a fishing
mortality strategy to promote rebuilding. Amendment 9 would implement
new and revised overfishing definitions for stocks of cod, haddock,
pollock, redfish, white hake, yellowtail flounder, windowpane flounder,
winter flounder, American plaice, witch flounder, Atlantic halibut, and
ocean pout. It is the intent of the Council to address the established
control rules during the annual framework adjustment process.
Measures of Concern
NMFS specifically invites public comment on the proposed indefinite
postponement of the mandatory use of VMS by multispecies vessels that
possess an individual days-at-sea (DAS) allocation permit (Individual
DAS, Large Mesh Individual DAS, and Combination Vessel (for
multispecies only) permit categories). The mandatory use of VMS by
individual DAS vessels was originally implemented under Amendment 5.
However, at that time, the Administrator, Northeast Region, NMFS
(Regional Administrator) authorized the alternative call-in system as
the method of notification for these vessels, until the VMS was
determined to be operable. Although the operational date was determined
as the beginning of the 1998 fishing year, a measure implemented under
the May 1998 annual adjustment (Framework Adjustment 25) postponed
mandatory usage for an additional year to provide time for the Council
to address comments and issues raised by members of the public. The
Council proposed an indefinite postponement of VMS implementation under
this action because it believed that more time was needed to resolve
several outstanding issues and questions raised by the
[[Page 13954]]
public. A major concern identified is equity among permit categories.
With the layover requirement for Fleet DAS vessels eliminated under
Amendment 7, the Council believes that DAS permit categories have
become less distinguishable and questions why individual DAS vessels
are subjected to a VMS requirement, while other DAS permitted vessels
are not. While the original (Amendment 5) application of the VMS was
solely to track DAS on individual DAS vessels, the Council also
considers VMS to be a useful device to monitor area location based on
experience with prior implementation of the VMS requirement in the
Atlantic sea scallop fishery and on an experimental basis in the
Northeast Multispecies fishery. The Council believes that limiting VMS
to just individual DAS vessels (a category representing only a small
proportion of the overall DAS vessels) compromises this monitoring
tool. Other issues raised consist of general cost uncertainties for
several issues associated with VMS, including cost control issues
inherent with only one certified vendor (as is currently the case),
efficacy of VMS hourly tracking (as opposed to recording DAS usage by
minute), especially regarding per-day trip limits and enforcing closed
areas or transit provisions, and the inability of some vessels to
continuously run their VMS units.
Although removal of the fleet DAS lay-over requirement in Amendment
7 did remove one principal difference between Fleet and Individual DAS
vessels, a major distinction between the two permitted vessel
categories remains, and that is the fact that Individual DAS vessels
tend to fish their DAS at a much higher rate, on average, than do Fleet
DAS vessels. For example, of the vessels that called into the DAS
program in fishing years 1996 and 1997, Individual DAS category vessels
fished approximately 86 percent and 84 percent of their DAS,
respectively, while Fleet DAS vessels fished roughly 27 percent and 42
percent, respectively. Furthermore, NMFS believes that the Council has
had ample time to address the public's issues of concern. For these
reasons, NMFS is considering disapproving VMS postponement for vessels
that have an individual DAS allocation and, therefore, is seeking
specific comment on this issue.
Other Measures
For Atlantic halibut, Amendment 9 proposes to include Atlantic
halibut in the Northeast Multispecies fishery management unit. This
proposed rule would establish a one-fish possession limit for
commercial and recreational vessels and sets a minimum fish size of 36
inches (66 cm). Because halibut would be included under the NE
Multispecies FMP, commercial and charter/party vessels would be
required to possess an appropriate open access multispecies permit. As
is the case for other groundfish species, non-charter/party
recreational vessels would not be required to possess a permit and
would be prohibited from selling their catch. To facilitate collection
of additional information on halibut, NMFS would request multispecies
permitted vessels to voluntarily include on their mandatory Vessel Trip
Reports the estimated length and time of day for each halibut caught,
whether or not the fish are retained.
For winter flounder, this proposed rule would increase the minimum
fish size from 12 inches (30.5 cm) to 13 inches (33.0 cm) for both
commercial and recreational vessels. The intent of this measure is to
increase the age at which winter flounder are first captured. Industry
members have commented that southern winter flounder are generally
smaller than in the north and that an increased fish size would create
regulatory discards. Under the current regulations, net vessels fishing
for regulated multispecies are required to fish with a minimum mesh
size of either 6-inch (15.24-cm) diamond or 6-inch (15.24-cm) square
mesh nets, or, when fishing in the Mid-Atlantic Regulated Mesh Area,
5\1/2\-inch (13.97-cm) diamond or 6-inch (15.24-cm) square mesh nets.
Many fishers acknowledge that, when fishing for flounders, they fish
with nets of 6-inch (15.24-cm) square mesh. In proposing this measure,
the Council believes, and NMFS agrees, that an increased winter
flounder minimum fish size provides an incentive for industry to fish
with diamond mesh rather than square mesh, since diamond mesh releases
a higher proportion of juvenile and sub-legal sized flatfish. It also
would reduce any incentive for using net liners. Since it takes
approximately 9 months for southern winter flounder to grow one inch,
increasing the minimum fish size would create a short-term economic
loss in this area. However, NMFS anticipates that within one year
increased yield per recruit and a likely higher price per pound would
offset any short term losses.
This proposed rule would prohibit the use of brush-sweep trawl
gear, also known as ``streetsweeper'' gear, by vessels fishing for or
possessing multispecies finfish. A relatively new gear modification,
brush-sweep trawl gear consists of rubber discs and bristle brushes
that modify the footrope in such a way to make it lighter and more
flexible than conventional rockhopper and roller gear. Unlike
conventional modifications to the gear, brush-sweeps bring the entire
trawl sweep in contact with the ocean floor and, thus, greatly improve
the efficiency of the trawl. Users of this gear modification comment
that efficiency is realized because their nets ``hang-up'' less and,
therefore, require less repair, saving time. Time conserved in the
multispecies fishery compromises the effectiveness of the DAS reduction
program. By allowing this gear to continue, additional management
measures would be needed to ensure that the FMP remains conservation
neutral. Therefore, because of this compromised effectiveness, and the
concern expressed by industry that this gear modification would only
escalate, this rule proposes to prohibit the brush sweep gear
modification as a precautionary step. The Council has suggested that it
may consider lifting this prohibition in the future if it can be proven
that this gear does not significantly increase catch per unit effort or
overall efficiency as compared with other gear modifications.
This proposed rule would modify the current framework adjustment
process by allowing expedited rulemaking for aquaculture projects and
changes to the multispecies overfishing definitions. For aquaculture
projects, this measure would allow the Council to make recommendations
on adjustments or additions to management measures from one or more of
the following categories: minimum fish sizes, gear restrictions,
minimum mesh sizes, possession limits, tagging requirements, monitoring
and reporting requirements, permit restrictions, area closures,
establishment of special management zones, and any other management
measure currently included in the FMP. This measure would also allow
the Council to modify overfishing definitions through the framework
adjustment process as new scientific information becomes available
warranting such a revision.
Classification
At this time, NMFS has not determined that the amendment that this
rule would implement is consistent with the national standards of the
Magnuson-Stevens Act and other applicable laws. NMFS, in making that
determination, will take into account the data, views, and comments
received during the comment period.
The Office of Management and Budget has determined that this rule
is significant for the purposes of E.O. 12866.
[[Page 13955]]
NMFS prepared an IRFA for this proposed rule, pursuant to 5 U.S.C.
603, without regard to whether the proposal would have a significant
impact on a substantial number of small entities. Measures analyzed in
the IRFA include the brush-sweep trawl gear prohibition, the one-fish
halibut possession limit, and the winter flounder fish size increase.
The following is a brief discussion of the measures analyzed in the
IRFA.
Amendment 9 would prohibit possessing brush-sweep trawl gear while
in the possession of NE multispecies and fishing for, landing, or
possessing NE multispecies harvested with brush-sweep trawl gear unless
the vessel has not been issued a multispecies permit and fishes for NE
multispecies exclusively in state waters. The cost of the brush-sweep
trawl gear is estimated to be between $8,000 and $15,000, depending on
the individual vessel. Excessive wear and tear on the gear requires
that it be replaced often. The overall cost to vessels impacted by this
action would be based on the loss of the use of the gear which, when
utilized, wears out in a few months to a year. The potential universe
of vessels that could be impacted by the brush-sweep trawl gear
prohibition is approximately 900 vessels, i.e., the number of permit
holders based on NMFS Regional Office database that fish for
multispecies with otter trawl gear. Therefore, the one-time cost to the
industry would likely be between $7.2 million (900 x $8,000) and $13.5
million (900 x $15,000) since there are approximately 900 vessels that
fish for multispecies with otter trawl gear. This assumes that all 900
vessels are currently using brush sweep gear. NMFS is seeking
information on the number of vessels fishing with brush sweep trawl
gear.
A one-fish halibut possession limit with a minimum fish size of 36
inches is also proposed. Commercial vessels wishing to retain a halibut
under this possession and size limit would be required to obtain a
multispecies permit. The economic costs associated with the proposed
halibut restrictions include lost revenues from restricted or
prohibited landings, as well as the added costs of enforcing new
regulations and administering the new open-access permits. For years
1996 and 1997, Vessel Trip Reports indicate that 134 and 139 vessels,
respectively, reported landing halibut. Based on recent landings data
reported to NMFS, halibut landings have averaged less than 50,000
pounds, and more recently have declined from 31,542 pounds in 1996 to
17,078 pounds in 1997. Annual landings per vessel averaged 235 pounds
in 1996 and 123 pounds in 1997. Annual revenues per vessel during this
time averaged $1,059 and $553, respectively. The total exvessel revenue
from halibut was $141,906 (134 x $1,059) in 1996 and $76,867
(139 x $553) in 1997.
The number of vessels affected by the proposed one-fish halibut
possession limit may amount to 1,050 vessels based on the number of
permitted vessels in the multispecies fishery. This number includes
active limited access multispecies permit holders (1,000) combined with
a subset of one-half the estimated 100 active participants in the
directed halibut fishery that do not possess a Federal fisheries
permit. Active vessels (those that reported landings of halibut in
recent years) are estimated to be only those vessels that caught at
least one halibut (134-139 vessels) in 1996 or 1997.
An increase in the minimum fish size for winter flounder to 13
inches from the current minimum size of 12 inches for both commercial
and recreational fishing vessels is proposed in Amendment 9. For the
commercial fishery, economic impacts of increasing the winter flounder
fish size involve revenue loss from prohibiting landings of fish that
are between 12 and 13 inches and revenue gains from the increased yield
per recruit and price per pound for higher market category once 12-inch
fish grow to 13 inches and above.
The NMFS data show 1997 winter flounder landings, including all
sizes of fish, approximately 11.7 million pounds, or 14 percent of the
total regulated species landings. Exvessel revenues of winter flounder
during this period amounted to $15.6 million (8.5 percent) of the total
exvessel revenues ($183.5 million) from all species for vessels that
landed winter flounder. Although some fishers have commented that fish
in the 12-13 inch size range accounted for up to 30-40 percent of their
winter flounder catch, many other fishers have reported that very few
fish in the 12-13 inch range are retained by nets unless the vessel is
fishing with nets that are less than the minimum regulated mesh size.
Landings reports from the New Bedford, MA auction indicate that 12 inch
fish make up less than 10 percent of winter flounder sold in this port.
Assuming that 30-40 percent of winter flounder landed were in the 12-13
inch size range, the decrease in exvessel revenue would likely be
between 2.6 percent ($4.68 million of $183.5 million) and 3.4 percent
($6.24 million of $183.5 million) in the first year for all vessels
that reported landings of winter flounder.
Compliance costs associated with increasing the minimum winter
flounder fish size would result from the cost of modifying trawl
codends to reduce the bycatch of 12-inch fish. However, because codends
are expandable and replaced often due to constant wear and tear, annual
costs associated with this measure would be part of normal gear
replacement cost.
Approximately 1,650 vessels have limited access permits and could
land winter flounder regardless of whether it was the target species.
Based on the NMFS 1997 landings data, 971 of the active multispecies
vessels landed winter flounder. On average, gross revenue per vessel
would likely be reduced between $4,820 and $6,430 in the first year,
assuming uniform landings across vessels. Otter trawl vessels accounted
for the majority of the landings (64 percent), followed by gillnet
vessels (18 percent). Thus, otter trawl vessels could lose between $3.0
million and $4.0 million in the first year. Gillnet vessels could lose
between $0.8 million and $1.1 million in the first year.
NMFS seeks comments regarding the IRFA. In particular, NMFS is
seeking information on the number of vessels using brush sweep trawl
gear, the number of vessels currently fishing for halibut, and the
number of vessels impacted by the increase in the winter flounder fish
size. Copies of the IRFA are available (see ADDRESSES).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid OMB control number.
This rule contains information collection requirements subject to
the PRA and which require OMB approval. The rule restates requirements
concerning the installation of a vessel tracking system, documentation
of installation of a vessel tracking system, declarations of a vessel
being in or out of a fishery, and call-in systems. The requirement for
installation of vessel tracking systems has been approved by OMB under
control number 0648-0307, with an estimated response time of 1 hour.
The other requirements have been approved by OMB under control number
0648-0202, with an estimated response time of 2 minutes for each
requirement.
The contents of this rule also affect two other information
collection
[[Page 13956]]
requirements. The requirement that a vessel must have a NE multispecies
permit in order to land or possess one halibut will subject additional
persons to the existing permit requirement approved under OMB number
0648-0202. Those persons who are newly subject to the permit
requirement will also automatically be subject to the requirement that
permit holders submit Vessel Trip Reports, a requirement which has been
approved under OMB number 0648-0212. Requests have been submitted to
OMB for the expanded coverage of these requirements. The estimated
response time for these requirements is 35 minutes for the permit and 5
minutes per day for the logbook entries beyond those made in vessel
logbooks as part of normal fishing operations.
The estimated response times include the time needed for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Public comment is sought regarding: whether this collection of
information is necessary for the proper performance of the functions of
this agency, including whether the information has practical utility;
the accuracy of the burden estimate; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information, including through
the use of automated collection techniques or other forms of
information technology. Send comments regarding any of these burden
estimates or any other aspect of the collection of information to NMFS
and OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 18, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons stated in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.2, the definitions for ``Nonregulated multispecies''
and ``Northeast (NE) multispecies or multispecies'' are revised and the
definition for ``Brush sweep trawl gear'' is added to read as follows:
Sec. 648.2 Definitions.
* * * * *
Brush-sweep trawl gear means trawl gear consisting of alternating
roller discs and bristle brushes that are strung along cables, chains,
or footropes, and aligned together to form the sweep of the trawl net,
designed to allow the trawl sweep to maintain contact with the ocean
floor, or any modification to trawl gear that is substantially similar
in design or effect.
* * * * *
Nonregulated multispecies means the subset of Northeast
multispecies that includes silver hake, red hake, ocean pout, and
Atlantic halibut.
Northeast (NE) multispecies or multispecies means the following
species:
American plaice--Hippoglossoides platessoides.
Atlantic cod--Gadus morhua.
Atlantic halibut--Hippoglossus hippoglossus.
Haddock--Melanogrammus aeglefinus.
Ocean pout--Macrozoarces americanus.
Pollock--Pollachius virens.
Redfish--Sebastes fasciatus.
Red hake--Urophycis chuss.
Silver hake (whiting)--Merluccius bilinearis.
White hake--Urophycis tenuis.
Windowpane flounder--Scophthalmus aquosus.
Winter flounder--Pleuronectes americanus.
Witch flounder--Glyptocephalus cynoglossus.
Yellowtail flounder--Pleuronectes ferrugineus.
* * * * *
3. In Sec. 648.10, paragraphs (b) and (d) are revised to read as
follows:
Sec. 648.10 DAS notification requirements.
* * * * *
(b) VMS Notification. (1) Scallop vessels issued a full-time or
part-time limited access scallop permit, or scallop vessels fishing
under the small dredge program specified in Sec. 648.51(e), or vessels
issued a limited access multispecies or scallop permit and whose owners
elect to fish under the VMS notification of this paragraph (b), unless
otherwise authorized or required by the Regional Administrator under
paragraph (d) of this section, must have installed on board an
operational VMS unit that meets the minimum performance criteria
specified in Sec. 648.9(b) or as modified in Sec. 648.9(a). Owners of
such vessels must provide documentation to the Regional Administrator
at the time of application for a limited access permit that the vessel
has an operational VMS unit that meets those criteria. If a vessel has
already been issued a limited access permit without providing such
documentation, the Regional Administrator shall allow at least 30 days
for the vessel to install an operational VMS unit that meets the
criteria and to provide documentation of such installation to the
Regional Administrator. Vessels that are required to or have elected to
use a VMS unit shall be subject to the following requirements and
presumptions:
(i) Vessels that have crossed the VMS Demarcation Line specified
under paragraph (a) of this section are deemed to be fishing under the
DAS program, unless the vessel's owner or authorized representative
declares the vessel out of the scallop or NE multispecies fishery, as
applicable, for a specific time period by notifying the Regional
Administrator through the VMS prior to the vessel leaving port.
(ii) Part-time scallop vessels may not fish in the DAS allocation
program unless they declare into the scallop fishery for a specific
time period by notifying the Regional Administrator through the VMS.
(iii) Notification that the vessel is not under the DAS program
must be received prior to the vessel leaving port. A vessel may not
change its status after the vessel leaves port or before it returns to
port on any fishing trip.
(iv) DAS for vessels that are under the VMS notification
requirements of this paragraph (b) begin with the first hourly location
signal received showing that the vessel crossed the VMS Demarcation
Line leaving port. DAS end with the first hourly location signal
received showing that the vessel crossed the VMS Demarcation Line upon
its return to port.
(v) If the VMS is not available or not functional, and if
authorized by the Regional Administrator, a vessel owner must provide
the notifications required by paragraphs (b)(1)(i), (ii), and (iii) of
this section by using the call-in notification system described under
paragraph (c) of this section, instead of using the VMS system.
(2) Upon recommendation by the Council, the Regional Administrator
may require, by notification through a letter to affected permit
holders, notification in the Federal Register, or other appropriate
means, that multispecies vessels issued an Individual DAS or
Combination Vessel permit install on board an operational VMS unit that
meets the minimum performance criteria specified in Sec. 648.9(b) or as
modified in Sec. 648.9(a). Owners of such vessels must provide
documentation to the Regional Administrator at the time of application
for these permits that the vessel has an operational VMS unit that
meets those criteria. If a vessel has already been issued a permit
without providing such
[[Page 13957]]
documentation, the Regional Administrator shall allow at least 30 days
for the vessel to install an operational VMS unit that meets the
criteria and to provide documentation of such installation to the
Regional Administrator. Vessels that are required to use a VMS unit
shall be subject to requirements and presumptions described under
paragraphs (b)(1)(i) through (b)(1)(v) of this section.
* * * * *
(d) Temporary authorization for use of the call-in system. The
Regional Administrator may authorize or require, on a temporary basis,
the use of the call-in system of notification specified in paragraph
(c) of this section. If use of the call-in system is authorized or
required, the Regional Administrator shall notify affected permit
holders through a letter, notification in the Federal Register, or
other appropriate means. Multispecies vessels issued an Individual DAS
or Combination Vessel (regarding the multispecies fishery) permit are
authorized to use the call-in system of notification specified in
paragraph (c) of this section, unless otherwise notified as specified
in paragraph (b)(2) of this section.
* * * * *
4. In Sec. 648.14, paragraphs (b), (c)(1), (d)(1), (e) and (g)(2)
are revised, and paragraphs (a)(116), (a)(117) and (c)(26) are added to
read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(116) Fish for, land, or possess NE multispecies harvested with
brush-sweep trawl gear unless the vessel has not been issued a
multispecies permit and fishes for NE multispecies exclusively in state
waters.
(117) Possess brush-sweep trawl gear while in possession of NE
multispecies, unless the vessel has not been issued a multispecies
permit and fishes for NE multispecies exclusively in state waters.
(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),
(b) and (c), or to violate any of the other provisions of Sec. 648.86,
unless otherwise specified in Sec. 648.17.
(c) * * *
(1) Fish for, possess at any time during a trip, or land per trip
more than the possession limit of NE multispecies specified in
Sec. 648.86(d) after using up the vessel's annual DAS allocation or
when not participating in the DAS program pursuant to Sec. 648.82,
unless otherwise exempted under Sec. 648.82(b)(3) or Sec. 648.89.
* * * * *
(26) Possess or land per trip more than the possession or landing
limit specified under Sec. 648.86(c) if the vessel has been issued a
multispecies permit.
(d) * * *
(1) Possess, at any time during a trip, or land per trip, more than
the possession limit of NE multispecies specified in Sec. 648.88(a),
unless the vessel is a charter or party vessel fishing under the
charter/party restrictions specified in Sec. 648.89.
* * * * *
(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 NE multispecies specified in
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) * * *
(2) Possess cod, haddock, and Atlantic halibut in excess of the
possession limits specified in Sec. 648.89(c).
* * * * *
5. In Sec. 648.80, paragraph (g)(4) is added to read as follows:
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
* * * * *
(g) * * *
(4) Brush-sweep trawl prohibition. No vessel may fish for, possess,
or land NE multispecies while fishing with, or while in possession of,
brush-sweep trawl gear.
* * * * *
6. In Sec. 648.83, paragraph (a)(1) 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,
determined by total length (TL):
Minimum Fish Sizes (TL)
------------------------------------------------------------------------
Species Size (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)
Atlantic halibut........................................ 36 (91.4 cm)
Winter flounder (blackback)............................. 13 (33.0 cm)
Redfish................................................. 9 (22.9 cm)
------------------------------------------------------------------------
* * * * *
7. In Sec. 648.86, paragraph (c) is revised and paragraph (d) is
added to read as follows:
Sec. 648.86 Possession restrictions.
* * * * *
(c) Atlantic halibut. A vessel issued an NE multispecies permit
under Sec. 648.4(a)(1) may land or possess on board no more than one
Atlantic halibut, provided the vessel complies with other applicable
provisions of this part.
(d) Other possession restrictions. Vessels are subject to any other
applicable possession limit restrictions of this part.
8. In Sec. 648.88, paragraphs (a)(1), (b), (c) and (d) are revised
to read as follows:
Sec. 648.88 Open access permit restrictions.
(a) * * *
(1) The vessel may possess and land up to 300 lb (136.1 kg) of cod,
haddock, and yellowtail flounder, combined, one Atlantic halibut, and
unlimited amounts of the other NE multispecies, per trip, provided that
it does not use or possess on board gear other than rod and reel or
handlines while in possession of, fishing for, or landing NE
multispecies, and provided it has at least one standard tote on board.
* * * * *
(b) Charter/party permit. A vessel that has been issued a valid
open access multispecies charter/party permit is subject to the
additional restrictions on gear, recreational minimum fish sizes,
possession limits, and prohibitions on sale specified in Sec. 648.89,
and any other applicable provisions of this part.
(c) Scallop multispecies possession limit permit. A vessel that has
been issued a valid open access scallop multispecies possession limit
permit may possess and land up to 300 lb (136.1 kg) of regulated
species and one Atlantic halibut when fishing under a scallop DAS
allocated under Sec. 648.53, provided the vessel does not fish for,
possess, or land haddock from January 1 through June 30 as specified
under Sec. 648.86(a)(2)(i), and provided the vessel has at least one
standard tote on board.
(d) Non-regulated multispecies permit. A vessel issued a valid open
access nonregulated multispecies permit may possess and land one
Atlantic halibut and unlimited amounts of the
[[Page 13958]]
other nonregulated multispecies. The vessel is subject to restrictions
on gear, area, and time of fishing specified in Sec. 648.80 and any
other applicable provisions of this part.
9. In Sec. 648.89, paragraphs (b)(1) and (c) are revised to read as
follows:
Sec. 648.89 Recreational and charter/party restrictions.
* * * * *
(b) * * * (1) Minimum fish sizes. Persons aboard charter or party
vessels permitted under this part and not fishing under the DAS
program, and recreational fishing vessels in the EEZ, may not retain
fish smaller than the minimum fish sizes, measured in total length (TL)
as follows:
Minimum Fish Sizes (TL)
------------------------------------------------------------------------
Species Size (inches)
------------------------------------------------------------------------
Cod..................................................... 21 (53.3 cm)
Haddock................................................. 21 (53.3 cm)
Pollock................................................. 19 (48.3 cm)
Witch flounder (gray sole).............................. 14 (35.6 cm)
Yellowtail flounder..................................... 13 (33.0 cm)
Atlantic halibut........................................ 36 (91.4 cm)
American plaice (dab)................................... 14 (35.6 cm)
Winter flounder (blackback)............................. 13 (33.0 cm)
Redfish................................................. 9 (22.9 cm)
------------------------------------------------------------------------
* * * * *
(c) Possession restrictions--(1) Cod and haddock. Each person on a
recreational vessel may possess no more than 10 cod and/or haddock,
combined, in, or harvested from, the EEZ.
(i) For purposes of counting fish, fillets will be converted to
whole fish at the place of landing by dividing fillet number by two. If
fish are filleted into a single (butterfly) fillet, such fillet shall
be deemed to be from one whole fish.
(ii) Cod and haddock harvested by recreational vessels with more
than one person aboard may be pooled in one or more containers.
Compliance with the possession limit will be determined by dividing the
number of fish on board by the number of persons on board. If there is
a violation of the possession limit on board a vessel carrying more
than one person, the violation shall be deemed to have been committed
by the owner and operator.
(iii) Cod and haddock must be stored so as to be readily available
for inspection.
(2) Atlantic halibut. Charter and party vessels permitted under
this part, and recreational fishing vessels fishing in the EEZ, may not
possess, on board, more than one Atlantic halibut.
* * * * *
10. In Sec. 648.90, paragraphs (b) introductory text and (b)(1) are
revised to read as follows:
Sec. 648.90 Framework specifications.
* * * * *
(b) Within season management action. The Council may, at any time,
initiate action to add or adjust management measures if it finds that
action is necessary to meet or be consistent with the goals and
objectives of the Northeast Multispecies FMP, to address gear conflicts
as defined under Sec. 600.10 of this chapter, or to facilitate the
development of aquaculture projects in the EEZ. This procedure may also
be used to modify FMP overfishing definitions and fishing mortality
targets which form the basis for selecting specific management
measures.
(1) Adjustment process. The Council 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 analyses and an
opportunity to comment on them prior to, and at, the second Council
meeting. The Council's recommendation on adjustments or additions to
management measures, other than to address gear conflicts, must come
from one or more of the following categories: DAS changes, effort
monitoring, data reporting, possession limits, gear restrictions,
closed areas, permitting restrictions, crew limits, minimum fish sizes,
onboard observers, minimum hook size and hook style, the use of
crucifiers in the hook-gear fishery, fleet sector shares, recreational
fishing measures, area closures and other appropriate measures to
mitigate marine mammal entanglements and interactions, and any other
management measures currently included in the FMP. The Council's
recommendation on adjustments or additions to management measures for
the purposes of facilitating aquaculture projects must come from one or
more of the following categories: minimum fish sizes, gear
restrictions, minimum mesh sizes, possession limits, tagging
requirements, monitoring requirements, reporting requirements, permit
restrictions, area closures, establishment of special management areas
or zones, and any other management measures currently included in the
FMP.
* * * * *
[FR Doc. 99-7088 Filed 3-18-99; 4:10 pm]
BILLING CODE 3510-22-P
