[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Proposed Rules]
[Pages 14846-14856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7655]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 990318076-9076-01; I.D. 030599A]
RIN 0648-AL72
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 27
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 1999 target total allowable catch (TAC) levels and
management measures; request for comments.
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SUMMARY: NMFS issues this proposed rule to implement measures contained
in Framework 27 to the Northeast Multispecies Fishery Management Plan
(FMP). This action is necessary to address overfishing of several
stocks, in particular Gulf of Maine (GOM) cod, and to achieve the
rebuilding goals of the FMP for the 1999 multispecies fishing year. The
primary management measures proposed in Framework 27 would establish
GOM Rolling Closures of greater size and duration than the current GOM
Inshore Closure Areas, reconfigure and increase the duration of the
Cashes Ledge Closure Area, reduce the GOM cod trip limit to 200 lb/day
[[Page 14847]]
(90.7 kg/day), modify the haddock trip limit, increase the minimum
square-mesh size to 6.5 inches (16.51 cm) for the Gulf of Maine/Georges
Bank and Southern New England (SNE) Regulated Mesh Areas, and limit the
diameter of roller and rockhopper gear to 12 inches (30.48 cm) in a
designated GOM inshore area. Framework 27 also proposes a mechanism
that would allow the Regional Administrator, Northeast Region, NMFS
(Regional Administrator) to reduce the GOM cod landing limit to between
5 and 100 lbs (2.3 and 45.3 kg) when 30 percent of the Fmax GOM cod
target TAC (402 mt) is harvested, depending upon the risk of exceeding
the target TAC.
DATES: Comments must be received on or before April 13, 1999.
ADDRESSES: Comments on this proposed rule should be sent to Jon C.
Rittgers, Acting Regional Administrator, Northeast Region, NMFS, 1
Blackburn Drive, Gloucester, MA 01930. Mark the outside of the
envelope, ``Comments on Proposed Rule for Multispecies Framework
Adjustment 27.''
Copies of Framework Adjustment 27, its Environmental Assessment,
Regulatory Impact Review (RIR), and Initial Regulatory Flexibility
Analysis (IRFA) are available on request from Paul J. Howard, Executive
Director, New England Fishery Management Council, 5 Broadway, Saugus,
MA 01906.
Comments regarding the collection-of-information requirements
contained in this proposed rule should be sent to Jon Rittgers, Acting
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: Richard A. Pearson, Fishery Policy
Analyst, 978-281-9279.
SUPPLEMENTARY INFORMATION: Amendment 7, which became effective on July
1, 1996, established a procedure for setting annual target TACs for the
five primary stocks of cod, haddock, and yellowtail flounder (Georges
Bank (GB) cod, GB haddock, GB yellowtail flounder, SNE yellowtail
flounder, and GOM cod) and an aggregate TAC for the combined stocks of
the other regulated multispecies, which are simultaneously managed
under the FMP. A Multispecies Monitoring Committee (MSMC) was
established to annually review the best available scientific
information, adjust target TACs, and recommend management options to
achieve plan objectives for the regulated multispecies. The MSMC annual
review provides a process to evaluate the effectiveness of the
multispecies management program and to make determinations on the need
for annual adjustments to the program. Adjustments of the target TACs
are calculated based on the biological reference points of
Fmax for GOM cod and F0.1 for the remaining stocks of cod,
haddock, and yellowtail flounder.
Prior to the submission of the MSMC Report which contains advice
for the 1999 fishing year, the New England Fishery Management Council
(Council) received the results of the 27th Stock Assessment Workshop
(SAW 27, 1998). SAW 27 indicated that the GOM cod stock is collapsing.
The stock remains overexploited, recruitment continues to be at record
low levels, spawning stock biomass is projected to decline to the
lowest level ever observed, and total biomass has declined to an
extremely low level. In response, the Council developed Framework
Adjustment 26 that implemented additional GOM closures during the
months of February, March, and April 1999 to provide protection to GOM
cod during spawning aggregations (64 FR 2601, January 15, 1999). The
MSMC report containing advice for the 1999 fishing year was presented
at the December 9-10, 1998, Council meeting. It concluded that, at
0.82, the fishing mortality rate for GOM cod continues to be well above
the overfishing definition of F20 (0.37) and the
Amendment 7 mortality target of Fmax (0.29). In fact, the
TAC associated with Fmax (0.29) was exceeded in 1996 and in
each year thereafter. In 1998, preliminary data indicates that 4,075 mt
of GOM cod was landed against a TAC of 1,783 mt. Due to the critical
condition of GOM cod, the Council voted that a more precautionary
approach should be employed in establishing annual measures. Therefore,
the Council adopted management measures in Framework 27 using
F0.1 (0.16) as a precautionary benchmark for GOM cod to
ensure that the Fmax mortality objective was not exceeded.
Considering 1998 landings, the MSMC estimated that for this stock, a
reduction in F of 56.2 percent is necessary to achieve Fmax
in the 1999 fishing year (i.e., ensure that Fmax is not
exceeded), and a reduction of 72.5 percent would be needed to achieve
the more precautionary F0.1 benchmark. A 21.9-percent
reduction is necessary to achieve the F0.1 objective for GB
cod. The MSMC report also noted that stock status has improved for GB
haddock, GB yellowtail flounder, and SNE yellowtail flounder, in part
because the most recent annual fishing mortalities for these three
stocks were below the Amendment 7 overfishing thresholds.
Based on projected 1999 stock sizes and Amendment 7's fishing
mortality targets, the target TACs for the 1999 fishing year were
proposed by the MSMC as follows:
------------------------------------------------------------------------
1999 1998
target target
Species/area TACs TACs
(metric (metric
tons) tons)
------------------------------------------------------------------------
Georges Bank cod.................................. 5,354 4,700
Georges Bank haddock.............................. 5,600 4,797
Georges Bank yellowtail flounder.................. 2,725 2,145
Southern New England yellowtail flounder.......... 1,115 814
Gulf of Maine cod (FMAX).......................... 1,340 1,783
Gulf of Maine cod (F0.1).......................... 782 1,783
Aggregate for remaining regulated species......... 25,500 25,500
------------------------------------------------------------------------
In addition to recommending the target TACs, the MSMC report also
provided the Council with six specific management options to keep the
target TACs from being exceeded. These options were based on DAS
reductions, trip limits, and area closures in various combinations.
Five other management proposals were submitted to the Council by state
or industry representatives for initial consideration for Framework 27.
The framework process requires the Council, when making
specifically allowed adjustments to the FMP, to
[[Page 14848]]
develop and analyze the actions over the span of at least two Council
meetings, where comments are accepted. The Council must provide the
public with advance notice of both the framework proposals and the
associated analysis, and provide an opportunity to comment on them
specifically prior to and at the second Council meeting.
At the initial Framework Adjustment 27 meeting on December 10,
1998, the Council narrowed its management options to three. Two of the
three options were industry proposals (prepared by the Gulf of Maine
Fishermen's Alliance (GOMFA) and the Maine Department of Marine
Resources (MDMR)), while the third was an MSMC option. The two industry
proposals contained management measures that would affect different
sectors of the GOM cod fishery in different ways. The GOMFA proposal
incorporated larger geographic area closures of shorter duration
extending eastward to the Hague Line and days-at-sea (DAS) reductions.
The MDMR proposal contained smaller geographic closures of longer
duration, which were chosen on the basis of historical cod landings and
were predominantly in inshore areas. Both proposals also contained gear
modifications and other measures.
The Council charged its Multispecies Oversight Committee
(Committee) to consider each option individually based upon its ability
to meet the precautionary F0.1 GOM cod benchmark. The MSMC option was
chosen as a ``fall-back'' option because it had already been determined
to meet the F0.1 benchmark.
The Committee met in December 1998 to discuss the three options.
Representatives from GOMFA and MDMR were available at this meeting to
clarify any questions regarding the proposals. After the Committee
meeting, the Multispecies Plan Development Team met on January 6, 1999,
to prepare the biological and economic analyses for the GOMFA and MDMR
proposals.
The analyses for the GOMFA and MDMR proposals were available for
the January 26, 1999, Committee meeting. The analyses indicated that
both proposals achieved the F0.1 GOM cod benchmark if
combined with very low daily trip limits of 100-200 lb/day (45.3-90.7
kg/day). Because each proposal would affect different sectors of the
fishery in different ways, the Committee was able to select neither one
of the industry proposals as the Preferred Alternative. Similarly, a
meeting of the Multispecies Industry Advisors, which had met the
previous day, was evenly divided between the two proposals. The
Committee recommended modifications to both proposals, and recommended
that the Council consider these modified proposals, along with the
initial MDMR plan for adoption.
The full Council met on January 28, 1999, to conduct the second and
final meeting for Framework Adjustment 27. After a presentation of the
latest stock assessment results (SAW 28) and after hearing public
comments, the Council conducted a lengthy deliberation and ultimately
approved a composite set of management measures for the GOM containing
elements from both industry proposals, as well as the 200 lb/day (90.7
kg/day) GOM cod trip limit from the MSMC proposal.
Because the proposed measures differ from the options which had
been analyzed for the Council's January 28, 1999, meeting, the Council
requested publication of a proposed rule to solicit additional public
comments. Because the public was notified of opportunities to comment
throughout the multispecies framework process, the comment period is
limited to 15 days.
The primary management measures in Framework 27 would establish GOM
Rolling Closures of greater size and duration than the current GOM
Inshore Closure Areas and reconfigure and increase the duration of the
Cashes Ledge Closure Area. Framework 27 also reduces the GOM cod trip
limit from 400 lb/day (181.4 kg/day) to 200 lb/day (90.7 kg/day). To
further guard against exceeding the target TAC for GOM cod, Framework
27 would allow the Regional Administrator to reduce the GOM cod landing
limit to between 5 and 100 lb (2.3 and 45.3 kg) when 30 percent of the
Fmax GOM cod TAC (402 mt in 1999) is harvested, depending
upon the risk of exceeding the target TAC. This framework action also
proposes a minimum square-mesh size increase from 6 inches (15.24 cm)
to 6.5 inches (16.51 cm) for the GOM/GB and SNE Regulated Mesh Areas,
to provide escape for juvenile GB cod and flatfish species.
The analysis conducted by the Northeast Fisheries Science Center of
NMFS shows that the proposed closures and GOM cod trip limit contained
in Framework 27 would meet the Amendment 7 Fmax mortality
reduction goal for that stock, because the precautionary
F0.1 benchmark is used.
Summary of Approved Measures
In summary, the proposed management measures in Framework 27 would
do the following: (1) Replace the current GOM Inshore Closure Areas
with larger and longer GOM Rolling Closure Areas; (2) reconfigure the
area and increase the duration of the Cashes Ledge Closure Area; (3)
maintain the current year-round Western GOM Closure Area; (4) eliminate
the 1-month NE Closure Area; (5) exempt scallop dredge gear from the
GOM Rolling Closure Areas and Cashes Ledge Closure Area; (6) reduce the
daily GOM cod landing limit to 200 lb/day (90.7 kg/day); (7) authorize
the Regional Administrator to reduce the GOM cod trip limit to between
5 and 100 lb (2.3-45.3 kg), when 30 percent of the GOM cod
FMAX target TAC is caught; (8) change the haddock trip daily
limit to 2,000 lb/day (907.2 kg/day) with a 20,000-lb (9071.8-kg) trip
limit, and authorize the Regional Administrator to adjust the haddock
limit up or down based upon the likelihood of reaching the target TAC;
(9) increase the minimum square-mesh size from 6 inches (15.24 cm) to
6.5 inches (16.51 cm) in the GOM/GB and SNE Regulated Mesh Areas; (10)
eliminate the mesh restrictions in the Stellwagen Bank and Jeffreys
Ledge Juvenile Protection Area; (11) limit the size of roller and
rockhopper gear to a maximum diameter of 12 inches (30.48 cm) in a
defined GOM inshore area; and (12) clarify the method of calculating
the weight of fish parts, such as fillets and headed fish, for purposes
of possession limits. In addition, this framework codifies a method of
on-reel net stowage for vessels transiting the GOM Closure Areas. These
measures are described in the following sections.
Area Closures and Exemptions
The closures proposed by Framework 27 would modify current GOM
Inshore Closure Areas (now referred to as the GOM Rolling Closure
Areas) by increasing their geographic size, primarily eastward and by
increasing their duration from 1 to 2 months. In addition, this
framework action would change the configuration and increase the
duration (from 1 month to 4 months) of the Cashes Ledge Closure Area,
add an additional 2-month closure encompassing portions of
Massachusetts Bay from October 1 to November 30, and eliminate the 1-
month multispecies Northeast Closure Area. The framework would maintain
the existing year-round Western GOM Closure comprising parts of
Stellwagen Bank, Jeffreys Ledge, and Wildcat Knoll. Exemptions to the
GOM Rolling Closure Areas and Cashes Ledge Closure Area would remain
the same, except that scallop dredge gear is proposed to be exempted
gear in the newly closed areas when fishing under a scallop DAS or
participating in the Scallop Dredge Fishery Exemption Area, provided
that a vessel does not retain
[[Page 14849]]
any regulated multispecies during any part of a trip. At its February
meeting, the Council clarified that ``newly closed areas'' refer only
to the Rolling Closure Areas specified in Framework 27, as well as the
Cashes Ledge Closure Area. It does not refer to Closed Areas I and II,
the Nantucket Lightship Closed Area and the Western GOM Area Closure.
Vessels may transit through any of the GOM Inshore Closure Areas,
provided gear is stowed properly according to the regulations. This
framework would also codify an additional method of on-reel net stowage
for vessels transiting the GOM Rolling Closure Areas. For these areas,
the requirement to remove the codend has been eliminated, provided that
other requirements are met, including that the net is entirely covered,
the towing wires are detached, and no containment rope or codend
tripping device is attached to the codend.
GOM Cod Landing Limit
This action would reduce the GOM cod landing limit at the start of
the fishing year to 200 lb/day (90.7 kg/day), or any part of a DAS. For
instance, 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 400 lb
(181.4 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). As is currently the case, however, vessels may allow
their DAS clock to run in order to account for any cod overages,
provided they report their hail weight to the Regional Administrator,
as described in the multispecies regulations. When 30 percent of the
GOM cod FMAX TAC (886,000 lb (402 mt), in 1999) is landed,
the Regional Administrator could reduce the trip limit to an amount in
the range of between 5 lb (2.3 kg) and 100 lb (45.3 kg), depending upon
an evaluation of the risk of exceeding the target TAC.
Haddock Landing Limit
This proposed action would change the haddock landing limit to
2,000 lb (907.2 kg) per day, or any part of a DAS, up to 20,000 lb
(9071.8 kg) per trip. When 75 percent of the target TAC for Georges
Bank haddock for the 1999 fishing year is reached (9.3 million lb
(4,200 mt)), the Regional Administrator is authorized to reduce the
trip limit either to a 1,000 lb (453.6 kg) per trip possession limit
restriction, or to a landing limit restriction of 1,000 lb/day (453.6
kg/day), with a 10,000 lb (4536.0 kg ) maximum per trip, based on a
determination of the risk of exceeding the target TAC. Beginning
October 1, 1999, if the Regional Administrator projects that less than
75 percent of the target TAC will be harvested by April 30, 2000, NMFS
may publish a notification in the Federal Register that, on a specific
date, the limit shall be increased to an amount that the Regional
Administrator projects will be sufficient to allow landings of at least
9.3 million lb (4,200 mt) by April 30, 2000.
Gear Restrictions
This proposed action contains two gear restrictions. The minimum
square-mesh size for otter trawl vessels in the GOM/GB and SNE
Regulated Mesh Areas would be increased from 6-inch (15.24 cm) square
to 6.5-inch (16.51 cm) square. The diamond mesh size of 6 inches (15.24
cm) would remain unchanged. Concurrent with this change, the
requirement to use a 6-inch (15.24 cm) square mesh only, in the
Stellwagen Bank/Jeffreys Ledge Juvenile Protection Area, would be
eliminated.
The other proposed gear restriction in this framework would limit
the size of roller or rockhopper gear on trawl footropes to a maximum
diameter of 12 inches (30.48 cm) within a newly established GOM/GB
Inshore Restricted Roller Gear Area.
Calculation of the Weight of Fish Parts
Possession limits for regulated multispecies would be determined on
the basis of the weight of whole, whole-gutted, or gilled fish. To
provide clarification, this action would specify that the weight of
parts of fish (including fillets and headed fish) will be multiplied by
three to equate to the weight of whole, whole-gutted, or gilled fish.
Other Measures
This proposed rule also clarifies that measures concerning areas
closed to gillnet gear to prevent right whale takes specified at
Sec. 648.87(b) apply to limited access multispecies permit holders
using gillnet gear in the entire area described at Sec. 648.87(b)(1)
and (b)(2), including state waters.
Classification
This proposed rule has been determined to be significant for the
purposes of E.O. 12866.
The Council prepared an IRFA that describes the impact of this
proposed rule on small entities. It analyzed the impact of the measures
(closed areas, trip limits, increased mesh size, restrictions on roller
gear) on vessels. The analysis also examined impacts on dealers and
processors. It initially concluded that the proposed action will have a
significant economic impact on a substantial number of small entities.
Based upon calendar year 1997, 1729 vessels held limited access
multispecies permits. Of these vessels, 1287 actually participated in
the multispecies fishery and, thereby, constitute the universe of
vessels. Of these vessels, 601 (47 percent) would be impacted by the
measures because they fished within one or more of the GOM rolling
closures and/or would be affected by the proposed trip limits. Using
estimated proportional reductions in gross revenues from 1997 (i.e.,
excluding measures enacted in fishing year 1998 by Frameworks 25 and
26), 456 vessels out of a universe of 1287 vessels (35 percent) would
be affected by a reduction in gross revenues of more than 5 percent as
a result of Framework 27. When Framework 25 and 26 measures are
included, 32 additional vessels are impacted by a reduction in gross
revenues of more than 5 percent.
The impact of the proposed measures on profitability and on the
financial viability of vessels in the northeast multispecies fishery
was also analyzed. Compared to the 1997 baseline, the cumulative
profitability for the median vessel was estimated to decline 66 percent
from $21,409 to $7,282. A total of 115 vessels were found to be
operating below break even (i.e., zero profit) as a result of the
combined measures implemented by Frameworks 25 and 26. Carrying those
losses forward into Framework 27 and adding the accumulated debt under
Frameworks 25, 26, and 27 result in a total of 155 vessels that were
estimated to be below break-even profit. Therefore, 155 out of 1287
vessels (12 percent), may not be able to maintain their economic
viability and may be forced to cease their operations.
In terms of absolute numbers, Framework 27 impacts the most vessels
in Massachusetts (317) followed by Maine (82), New Hampshire (35), New
York (7), and Rhode Island (1). As a proportion of total vessels in a
state, New Hampshire had the highest proportion (90 percent) of
impacted vessels, followed by Massachusetts (79 percent) and Maine (74
percent).
The economic impacts of the increase in square-mesh size are
expected to be small because, with the elimination of the Stellwagen
Bank/Jeffreys Ledge Juvenile Protection Area, vessels will still be
able to use existing 6-inch (15.24-cm) diamond mesh wherever they fish,
and the cost of 6.5-inch (16.51-cm) square mesh is likely to be
[[Page 14850]]
similar to that of 6-inch (15.24-cm) mesh.
Depending upon current gear usage and fishing patterns, the
requirement to use roller gear of a maximum 12-inch (30.48 cm) diameter
in a defined GOM inshore area may result in vessels spending money on
gear changes. The cost of gear changes is difficult to estimate because
gear configurations vary by vessel and existing data are inadequate to
determine gear usage at such a fine degree of resolution. However, if a
vessel does have to purchase a new footrope with rollers, the onetime
cost could range from $1,100 to $2,500.
Compared to the 1997 baseline, 186 dealers were estimated to be
affected by the Framework 27 measures. Using estimated proportional
reductions in gross revenues from a 1997 baseline (i.e., excluding
Frameworks 25 and 26), 77 dealers out of these 186 dealers (41 percent)
would be affected by a reduction in gross revenues of more than 5
percent as a result of Framework 27. When Framework 25 and 26 measures
are included, 4 additional dealers are impacted by a reduction in gross
revenues of more than 5 percent. However, dealers may have some
flexibility by marketing alternative product lines or by obtaining
product from alternative sources.
The impacts of the Framework 27 measures on processors are
difficult to predict because the extent to which domestic and foreign
imports can adequately offset local supply shortages is unknown.
Nevertheless, processors in Maine, Massachusetts, and New Hampshire who
rely on a stable supply of fresh groundfish to meet demands will likely
be disproportionately affected by Framework 27.
Using a no-displacement model (i.e., vessels stop fishing and do
not fish in other open areas), the decline in total revenues of the
proposed action is estimated at $7.3 million. The impacts on net
revenues (i.e., revenues minus costs), however, will be less than these
levels since operating costs will also decline as effort is reduced by
the closures under the no-displacement scenario. Assuming 50 percent
displacement at 50 percent revenue per unit effort (i.e., 50 percent of
vessels fish in other open areas and obtain 50 percent of the revenue
they would have otherwise obtained in the closed area), the decline in
total revenues of the proposed action is estimated at $5.5 million.
The impacts of the alternatives that were analyzed for Framework 27
are expected to be more severe than those of the proposed action,
except for the GOMFA alternative. The proposed action considered these
alternatives and their impacts, while attempting to reach the Amendment
7 rebuilding goals and minimizing the negative impacts on the fishing
industry, to the extent practicable.
A copy of this analysis is available from the Council (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 proposed rule clarifies collection-of-information requirements
subject to the PRA and which have been cleared by 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. 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).
3. The DAS call-in requirement for vessels under a DAS upon return
to port (2 minutes/response).
This proposed rule also clarifies collection-of-information
requirements subject to the PRA and which have been cleared by OMB,
under OMB control number 0648-0351. The estimated response time
includes marking of pelagic gillnet (1 minute/net).
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).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 24, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.2, the definition for ``Gillnet gear capable of
catching multispecies'' is revised, and the definition for ``Rockhopper
and roller gear'' is added to read as follows:
Sec. 648.2 Definitions.
* * * * *
Gillnet gear capable of catching multispecies means all gillnet
gear except pelagic gillnet gear specified at Sec. 648.81(g)(2)(ii) and
pelagic gillnet gear that is designed to fish for and is used to fish
for or catch tunas, swordfish, and sharks.
* * * * *
Rockhopper and roller gear means trawl gear configured with disks,
rollers, or other similar shaped devices that are attached to the
bottom belly of the trawl, contact the sea bottom, and that are
designed to raise the bottom panel of the trawl off the ocean bottom so
as to enable the gear to be fished on hard bottom.
* * * * *
3. In Sec. 648.10, paragraph (f)(3)(ii) is revised to read as
follows:
Sec. 648.10 DAS notification requirements.
* * * * *
(f) * * *
(3) * * *
(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 and
must report, upon entering port and before offloading, its hailed
weight of cod under the separate call-in system 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), 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), and may not begin its next
fishing trip until such time that the vessel has called-out of the
multispecies DAS program to end its trip.
4. In Sec. 648.14, paragraphs (a)(43), (a)(52), (a)(90), (a)(101),
(a)(104), (a)(112), (c)(10), (c)(24) and (c)(25) are revised and
(a)(114) is added to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
[[Page 14851]]
(43) Violate any of the provisions of Sec. 648.80, including
paragraphs (a)(4), the Cultivator Shoals whiting fishery exemption
area; (a)(8), Small Mesh Area 1/Small Mesh Area 2; (a)(9), the
Nantucket Shoals dogfish fishery exemption area; (a)(11), the Nantucket
Shoals mussel and sea urchin dredge exemption area; (a)(12), the GOM/GB
monkfish gillnet exemption area; (a)(13), the GOM/GB dogfish gillnet
exemption area; (b)(3), exemptions (small mesh); (b)(5), the SNE
monkfish and skate trawl exemption area; (b)(6), the SNE monkfish and
skate gillnet exemption area; (b)(7), the SNE dogfish gillnet exemption
area; (b)(8), the SNE mussel and sea urchin dredge exemption area; or
(b)(9), the SNE little tunny gillnet exemption area. A violation of any
of these paragraphs is a separate violation.
* * * * *
(52) Enter, be on a fishing vessel in, or fail to remove gear from
the EEZ portion of the areas described in Sec. 648.81 (g)(1) through
(i)(1) during the time periods specified, except as provided in
Sec. 648.81(d), (g)(2), (h)(2) and (i)(2).
* * * * *
(90) Use, set, haul back, fish with, possess on board a vessel,
unless stowed in accordance with Sec. 648.81(e)(4), or fail to remove,
sink gillnet gear and other gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnets (as
described in Sec. 648.81(g)(2)(ii)), in the areas and for the times
specified in Sec. 648.87(a) and (b), except as provided in
Sec. 648.81(g)(2)(ii) and 648.87(a) and (b), or unless otherwise
authorized in writing by the Regional Administrator.
* * * * *
(101) Enter, fail to remove gear from, or be in the areas described
in Sec. 648.81(g)(1) through (i)(1) during the time period specified,
except as provided in Sec. 648.81(d), (g)(2), (h)(2), and (i)(2).
* * * * *
(104) Fish for, harvest, possess, or land regulated species in or
from the closed areas specified in Sec. 648.81(a), (b), (c), (g), (h),
and (i), unless otherwise specified in Sec. 648.81(c)(2)(iii),
(g)(2)(i), and (g)(2)(iii).
* * * * *
(112) Fish for, harvest, possess, or land in or from the EEZ, when
fishing with trawl gear, any of the exempted species specified in
Sec. 648.80(a)(8)(i), unless such species were fished for or harvested
by a vessel meeting the requirements specified in Sec. 648.80(a)(3)(ii)
or (a)(8)(ii).
* * * * *
(114) Fish for, harvest, possess, or land any species of fish in or
from the GOM/GB Inshore Restricted Roller Gear Area described in
Sec. 648.80(a)(2)(iv) with trawl gear where the diameter of any part of
the trawl footrope, including discs, rollers or rockhoppers, is greater
than 12 inches (30.48 cm).
* * * * *
(c) * * *
(10) Enter, fail to remove sink gillnet gear or gillnet gear
capable of catching multispecies from, or be in the areas, and for the
times, described in Sec. 648.87(a) and (b), except as provided in
Sec. 648.81(d) and (g)(2), and in Sec. 648.87(a)(1)(ii).
* * * * *
(24) Enter port, while on a multispecies DAS trip, in possession of
more than the allowable limit of cod specified in Sec. 648.86(b)(1)(i)
without reporting the cod hail weight, unless the vessel is fishing
under the cod exemption specified in Sec. 648.86(b)(2). Under no
circumstances may such a trip exceed 14 days in length.
(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).
* * * * *
5. In Sec. 648.23, paragraph (b)(4) is revised and paragraph (b)(5)
is added to read as follows:
Sec. 648.23 Gear restrictions.
* * * * *
(b) * * *
(4) On-reel stowage for vessels transiting the GOM Rolling Closure
Areas. (i) The net is on a reel, and its entire surface is covered with
canvas or other similar material that is securely bound;
(ii) The towing wires are detached from the doors; and (iii) No
containment rope, codend tripping device, or other mechanism to close
off the codend is attached to the codend.
(5) Other methods of stowage. Any other method of stowage
authorized in writing by the Regional Administrator and subsequently
published in the Federal Register.
* * * * *
6. In Sec. 648.80, paragraphs (a)(2)(i), (a)(6)(i), (a)(8), (a)(10)
introductory text, (a)(10)(i)(C), (a)(12) and (a)(13) introductory
text, (b)(2)(i), (d)(2), (e)(2), (h), and (i)(8) are revised, paragraph
(a)(5) is removed and reserved, and paragraph (a)(2)(iv) is added to
read as follows:
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
* * * * *
(a) * * *
(2) * * *
(i) Minimum mesh size. Except as provided in paragraphs (a)(2)(i)
and (iii) of this section, and unless otherwise restricted under
paragraph (a)(2)(ii) of this section, the minimum mesh size for any
trawl net, sink gillnet, Scottish seine, midwater trawl, or purse seine
on a vessel or used by a vessel fishing under a DAS in the NE
multispecies DAS program in the GOM/GB Regulated Mesh Area is 6-inch
(15.24-cm) diamond mesh or 6.5-inch (16.51 cm) square mesh throughout
the entire net, or any combination thereof, provided the vessel
complies with the requirements of paragraph (a)(iv) of this section.
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 ft 2 (0.81 m 2 )), or to vessels that
have not been issued a multispecies permit and that are fishing
exclusively in state waters.
* * * * *
(iv) Rockhopper and roller gear restrictions. For all trawl vessels
fishing in the GOM/GB Inshore Restricted Roller Gear Area, the diameter
of any part of the trawl footrope, including discs, rollers, or
rockhoppers, must not exceed 12 inches (30.48 cm). Any gear on a vessel
that does not meet the specifications in this paragraph must be stowed
and not available for immediate use in accordance with one of the
methods specified in Sec. 648.23(b). The GOM/GB Inshore Restricted
Roller Gear Area is defined by straight lines connecting the following
points in the order stated:
Inshore Restricted Roller Gear Area
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
GM1 42 deg.00' \1\
GM2 42 deg.00' \2\
GM3 42 deg.00' \3\
GM23 42 deg.00' 69 deg.50'
GM24 43 deg.00' 69 deg.50'
GM11 43 deg.00' 70 deg.00'
GM17 43 deg.30' 70 deg.00'
GM18 43 deg.30' \4\
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.
* * * * *
(5) [Reserved]
(6) * * * (i) Vessels fishing in the Small Mesh Northern Shrimp
Fishery or the Small Mesh Area 1/Small Mesh Area 2 fishery, as
specified in paragraphs (a)(3) and (a)(8) of this section, may transit
through the Small Mesh Northern Shrimp Fishery Exemption Area as
specified in paragraph (a)(3) of this section with nets
[[Page 14852]]
of mesh size smaller than the minimum mesh size specified in paragraph
(a)(2) of this section, provided that the nets are stowed and not
available for immediate use in accordance with one of the methods
specified in Sec. 648.23(b).
* * * * *
(8) Small Mesh Area 1/Small Mesh Area 2. (i) Unless otherwise
prohibited in Sec. 648.81, vessels subject to the minimum mesh size
restrictions specified in paragraph (a)(2) of this section may fish
with or possess nets with a mesh size smaller than the minimum size,
provided the vessel complies with the requirements of paragraph
(a)(8)(ii) or (a)(3)(ii) of this section, from July 15 through November
15 when fishing in Small Mesh Area 1 and from January 1 through June 30
when fishing in Small Mesh Area 2. A vessel may not fish for, possess
on board, or land any species of fish other than: Butterfish, dogfish,
herring, mackerel, ocean pout, scup, squid, silver hake, and red hake,
except for the following allowable incidental species (bycatch as the
term is used elsewhere in this part), with the restrictions noted:
Longhorn sculpin; monkfish and monkfish parts--up to 10 percent, by
weight, of all other species on board; and American lobster--up to 10
percent, by weight, of all other species on board or 200 lobsters,
whichever is less. These areas are defined by straight lines connecting
the following points in the order stated (copies of a chart depicting
these areas are available from the Regional Administrator upon request
(see Table 1 to Sec. 600.502 of this chapter)):
Small Mesh Area 1
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
SM1 43 deg.03' 70 deg.27'
SM2 42 deg.57' 70 deg.22'
SM3 42 deg.47' 70 deg.32'
SM4 42 deg.45' 70 deg.29'
SM5 42 deg.43' 70 deg.32'
SM6 42 deg.44' 70 deg.39'
SM7 42 deg.49' 70 deg.43'
SM8 42 deg.50' 70 deg.41'
SM9 42 deg.53' 70 deg.43'
SM10 42 deg.55' 70 deg.40'
SM11 42 deg.59' 70 deg.32'
SM1 43 deg.03' 70 deg.27'
------------------------------------------------------------------------
Small Mesh Area 2
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
SM13 43 deg.05.6' 69 deg.55.0'
SM14 43 deg.10.1' 69 deg.43.3'
SM15 42 deg.49.5' 69 deg.40.0'
SM16 42 deg.41.5' 69 deg.40.0'
SM17 42 deg.36.6' 69 deg.55.0'
SM13 4 deg. 05.6' 69 deg.55.0'
------------------------------------------------------------------------
(ii) Raised footrope trawl. Vessels fishing with trawl gear must
configure it in such a way that, when towed, the gear is not in contact
with the ocean bottom. Vessels are presumed to be fishing in such a
manner if their trawl gear is designed as specified in paragraphs
(a)(8)(ii)(A) through (D) of this section and is towed so that it does
not come into contact with the ocean bottom:
(A) Eight inch (20.3 cm) diameter floats must be attached to the
entire length of the headrope with a maximum spacing of 4 feet (12.2
cm) between floats;
(B) The ground gear must all be bare wire not larger than \1/2\-
inch (1.2 cm) for the top leg, not larger than 5/8-inch (1.6 cm) for
the bottom leg, and not larger than 3/4-inch (1.9 cm) for the ground
cables. The top and bottom legs must be equal in length with no
extensions. The total length of ground cables and legs must not be
greater than 40 fathoms from the doors to wingends;
(C) The footrope must be at least 20 feet (6.1 m) longer than the
length of the headrope; and
(D) The sweep must be rigged so it is behind and below the
footrope, and the footrope is off the bottom. This is accomplished by
having the sweep longer than the footrope and having long dropper
chains attaching the sweep to the footrope at regular intervals. The
forward end of the sweep and footrope must be connected to the bottom
leg at the same point. This attachment, in conjunction with the
headrope flotation, keeps the footrope off the bottom. The sweep and
its rigging must be made entirely of 5/16 inch (0.8 cm) diameter bare
chain. No wrapping or cookies are allowed on the chain. The total
length of the sweep must be at least 7 feet (2.1 m) longer than the
total length of the footrope, or 3.5 feet (1.1 m) longer on each side.
Drop chains must connect the footrope to the sweep chain, and the
length of each drop chain must be at least 42 inches (106.7 cm). One
drop chain must be hung from the center of the footrope to the center
of the sweep, and one drop chain must be hung from each corner (the
quarter or the junction of the bottom wing to the belly at the
footrope). The attachment points of each drop chain on the sweep and
the footrope must be the same distance from the center drop chain
attachments. Drop chains must be hung at 8 foot (2.4 m) intervals from
the corners toward the wing ends. The distance of the drop chain that
is nearest the wing end to the end of the footrope may differ from net
to net. However, the sweep must be at least 3.5 feet (1.1 m) longer
than the footrope between the drop chain closest to the wing ends and
the end of the sweep that attaches to the wing end.
* * * * *
(10) Scallop Dredge Fishery Exemption within the GOM Small Mesh
Northern Shrimp Fishery Exemption Area. Unless otherwise prohibited in
Sec. 648.81, vessels with a limited access scallop permit that have
declared out of the DAS program as specified in Sec. 648.10, or have
used up their DAS allocations, and vessels issued a general scallop
permit, may fish in the GOM Small Mesh Northern Shrimp Fishery
Exemption Area when not under a NE multispecies DAS providing the
vessel complies with the requirements specified in paragraph (a)(10)(i)
of this section. The GOM Scallop Dredge Fishery Exemption Area is the
same as the area defined in paragraph (a)(3) of this section and
designated as the Small Mesh Northern Shrimp Fishery Exemption Area.
(i) * * *
(C) The exemption does not apply to the Western GOM Area Closure
specified in Sec. 648.81(i).
* * * * *
(12) GOM/GB Monkfish Gillnet Exemption. Unless otherwise prohibited
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish
and Monkfish Gillnet Fishery Exemption Area when not under a NE
multispecies DAS if the vessel complies with the requirements specified
in paragraph (a)(12)(i) of this section. The GOM/GB Dogfish and
Monkfish Gillnet Fishery Exemption Area is defined by straight lines
connecting the following points in the order stated:
N. lat. W. long.
41 deg.35' 70 deg.00'
42 deg.49.5' 70 deg.00'
42 deg.49.5' 69 deg.40'
43 deg.12' 69 deg.00'
(\1\) 69 deg.00'
(\1\) Due north to Maine shoreline.
* * * * *
(13) GOM/GB Dogfish Gillnet Exemption. Unless otherwise prohibited
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish
and Monkfish Gillnet Fishery Exemption Area when not under a NE
multispecies DAS if the vessel complies with the requirements specified
in paragraph (a)(13)(i) of this section. The area coordinates of the
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption
[[Page 14853]]
Area are specified in paragraph (a)(12) of this section.
* * * * *
(b) * * *
(2) * * *
(i) Minimum mesh size. Except as provided in paragraphs (b)(2)(i)
and (iii) of this section, and unless otherwise restricted under
paragraph (b)(2)(ii) of this section, the minimum mesh size for any
trawl net, sink gillnet, Scottish seine, purse seine or midwater trawl,
not stowed and not available for immediate use in accordance with
Sec. 648.23(b), by a vessel fishing under a DAS in the multispecies DAS
program in the SNE regulated mesh area, is 6-inch (15.24-cm) diamond
mesh or 6.5-inch (16.51 cm) square mesh throughout the entire net, or
any combination thereof. This minimum mesh size restriction does not
apply to vessels that have not been issued a multispecies permit and
that are fishing exclusively in state waters.
* * * * *
(d) * * *
(2) When fishing under this exemption in the GOM/GB Regulated Mesh
Area, and in the area described in Sec. 648.81(c)(1), the vessel has on
board a letter of authorization issued by the Regional Administrator,
and complies with all restrictions and conditions thereof.
* * * * *
(e) * * *
(2) When fishing under this exemption in the GOM/GB Regulated Mesh
Area, the vessel has on board a letter of authorization issued by the
Regional Administrator;
* * * * *
(h) Scallop vessels. (1) Except as provided in paragraph (h)(2) of
this section, a scallop vessel that possesses a limited access scallop
permit and either a multispecies combination vessel permit or a scallop
multispecies possession limit permit, and that is fishing under a
scallop DAS allocated under Sec. 648.53, may possess and land up to 300
lb (136.1 kg) of regulated species per trip, provided that the amount
of cod on board does not exceed the daily cod limit specified in
Sec. 648.86(a)(2) and (b), up to a maximum of 300 lb (136.1 kg) of cod
for the entire trip, and provided the vessel has at least one standard
tote on board.
(2) Combination vessels fishing under a NE multispecies DAS are
subject to the gear restrictions specified in Sec. 648.80 and may
possess and land unlimited amounts of regulated species, unless
otherwise restricted by Sec. 648.86(b). Such vessels may simultaneously
fish under a scallop DAS.
(i) * * *
(8) The vessel does not fish for, possess, or land any species of
fish other than winter flounder and the exempted small mesh species
specified under paragraphs (a)(3)(i), (a)(8)(i), (b)(3), and (c)(3) of
this section when fishing in the areas specified under paragraphs
(a)(3), (a)(8), (b)(1), and (c)(1) of this section, respectively.
Vessels fishing under this exemption in New York and Connecticut state
waters may also possess and retain skate as incidental take in this
fishery.
* * * * *
7. In Sec. 648.81, paragraphs (d), (g), (h) and (i)(2) are revised,
paragraph (f) is removed and reserved, and paragraphs (n) and (o) are
removed to read as follows:
Sec. 648.81 Closed areas.
* * * * *
(d) Transiting. Vessels may transit Closed Area I, the Nantucket
Lightship Closed Area, the GOM Rolling Closure Areas, the Cashes Ledge
Closure Area, and the Western GOM Closure Area, as defined in
paragraphs (a)(1), (c)(1), (f)(1), (g)(1), (h)(1), and (i)(1),
respectively, of this section, provided that their gear is stowed in
accordance with the provisions of paragraph (e) of this section.
* * * * *
(f) [Reserved]
(g) GOM Rolling Closure Areas. (1) No fishing vessel or person on a
fishing vessel may enter, fish in, or be in, and no fishing gear
capable of catching NE multispecies, unless otherwise allowed in this
part, may be in, or on board a vessel in, GOM Rolling Closure Areas I
through V, as described in paragraphs (g)(1)(i) through (v) of this
section, for the times specified in those paragraphs, except as
specified in paragraphs (d), and (g)(2) of this section. A chart
depicting these areas is available from the Regional Administrator upon
request (see Table 1 to Sec. 600.502 of this chapter)).
(i) Rolling Closure Area I. From March 1 through March 31, the
restrictions specified in paragraph (g)(1) of this section apply to
Rolling Closure Area I, which is the area bounded by straight lines
connecting the following points in the order stated:
Rolling Closure Area I
[March 1-March 31]
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
GM1 42 deg.00' (\1\)
GM2 42 deg.00' (\2\)
GM3 42 deg.00' (\3\)
GM5 42 deg.00' 68 deg.30'
GM6 42 deg.30' 68 deg.30'
GM9 42 deg.30' (\1\)
------------------------------------------------------------------------
(\1\) Massachusetts shoreline.
(\2\) Cape Cod shoreline on Cape Cod Bay.
(\3\) Cape Cod shoreline on the Atlantic Ocean.
(ii) Rolling Closure Area II. From April 1 through April 30, the
restrictions specified in paragraph (g)(1) of this section apply to
Rolling Closure Area II, which is the area bounded by straight lines
connecting the following points in the order stated:
Rolling Closure Area II
[April 1-April 30]
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
GM1 42 deg.00' (\1\)
GM2 42 deg.00' (\2\)
GM3 42 deg.00' (\3\)
GM5 42 deg.00' 68 deg.30'
GM13 43 deg.00' 68 deg.30'
GM10 43 deg.00' (\4\)
------------------------------------------------------------------------
(\1\) Massachusetts shoreline.
(\2\) Cape Cod shoreline on Cape Cod Bay.
(\3\) Cape Cod shoreline on the Atlantic Ocean.
(\4\) New Hampshire shoreline.
(iii) Rolling Closure Area III. From May 1 through May 31, the
restrictions specified in paragraph (g)(1) of this section apply to
Rolling Closure Area III, which is the area bounded by straight lines
connecting the following points in the order stated:
Rolling Closure Area III
[May 1-May 31]
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
GM9 42 deg.30' (\1\)
GM6 42 deg.30' 68 deg.30'
GM14 43 deg.30' 68 deg.30'
GM18 43 deg.30' (\2\)
------------------------------------------------------------------------
(\1\) Massachusetts shoreline.
(\2\) Maine shoreline.
(iv) Rolling Closure Area IV. From June 1 through June 30, the
restrictions specified in paragraph (g)(1) of this section apply to
Rolling Closure Area IV, which is the area bounded by straight lines
connecting the following points in the order stated:
[[Page 14854]]
Rolling Closure Area IV
[June 1-June 30]
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
GM10 43 deg.00' (\1\)
GM11 43 deg.00' 70 deg.00'
GM17 43 deg.30' 70 deg.00'
GM19 43 deg.30' 67 deg.32.0' or (\2\)
GM20 44 deg.00' 67 deg.21.0' or (\2\)
GM21 44 deg.00' 69 deg.00'
GM22 (\3\) 69 deg.00'
------------------------------------------------------------------------
(\1\) New Hampshire shoreline.
(\2\) U.S.-Canada maritime boundary.
(\3\) Maine shoreline.
(v) Rolling Closure Area V. From October 1 through November 30, the
restrictions specified in paragraph (g)(1) of this section apply to
Rolling Closure Area V, which is the area bounded by straight lines
connecting the following points in the order stated:
Rolling Closure Area V
[October 1-November 30]
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
GM1 42 deg.00' (\1\)
GM2 42 deg.00' (\2\)
GM3 42 deg.00' (\3\)
GM4 42 deg.00' 70 deg.00'
GM8 42 deg.30' 70 deg.00'
GM9 42 deg.30' (\1\)
------------------------------------------------------------------------
(\1\) Massachusetts shoreline.
(\2\) Cape Cod shoreline on Cape Cod Bay.
(\3\) Cape Cod shoreline on the Atlantic Ocean.
(2) Paragraph (g)(1) of this section does not apply to persons
aboard fishing vessels or fishing vessels:
(i) That have not been issued a multispecies permit and that are
fishing exclusively in state waters;
(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 for vessels fishing 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;
(iii) That are classified as charter, party, or recreational; or
(iv) That are fishing with or using scallop dredge gear when
fishing under a scallop DAS or when lawfully fishing in the Scallop
Dredge Fishery Exemption Area as described in Sec. 648.80(a)(10),
provided the vessel does not retain any regulated multispecies during a
trip, or on any part of a trip.
(h) Cashes Ledge Closure Area. (1) From July 1 through October 31,
no fishing vessel or person on a fishing vessel may enter, fish in, or
be in, and no fishing gear capable of catching NE multispecies, unless
otherwise allowed in this part, may be in, or on board a vessel in, the
area known as the Cashes Ledge Closure Area, as defined by straight
lines connecting the following points in the order stated, except as
specified in paragraphs (d) and (h)(2) of this section:
Cashes Ledge Closure Area
[July 1-October 31]
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
CL1 43 deg.07' 69 deg.02'
CL2 42 deg.49.5' 68 deg.46'
CL3 42 deg.46.5' 68 deg.50.5'
CL4 42 deg.43.5' 68 deg.58.5'
CL5 42 deg.42.5' 69 deg.17.5'
CL6 42 deg.49.5' 69 deg.26'
CL1 43 deg.07' 69 deg.02'
------------------------------------------------------------------------
A chart depicting this area is available from the Regional
Administrator upon request (see Table 1 to Sec. 600.502 of this
chapter)).
(2) Paragraph (h)(1) of this section does not apply to persons on
fishing vessels or fishing vessels:
(i) That meet the criteria in paragraph (g)(2)(ii), (iii), or (iv)
of this section.
(ii) [Reserved]
(i) * * *
(2) Paragraph (i)(1) of this section does not apply to persons on
fishing vessels or fishing vessels that meet the criteria in paragraph
(g)(2)(ii), (iii) or (iv) of this section.
* * * * *
8. In Sec. 648.82, paragraph (b)(3)(i) is revised to read as
follows:
Sec. 648.82 Effort-control program for limited access vessels.
* * * * *
(b) * * *
(3) * * *
(i) DAS allocation. A vessel qualified and electing to fish under
the small vessel category may retain up to 300 lb (136.1 kg) of cod,
haddock, and yellowtail flounder, combined, per trip without being
subject to DAS restrictions, provided that the amount of cod on board
does not exceed the daily cod limit specified in Sec. 648.86(a)(2) and
(b), up to a maximum of 300 lb (136.1 kg) of cod for the entire trip.
Such a vessel is not subject to a possession limit for other NE
multispecies.
* * * * *
9. In Sec. 648.83, paragraphs (a)(2) and (b)(1) are revised to read
as follows:
Sec. 648.83 Minimum fish sizes.
(a) * * *
(2) The minimum fish size applies to whole fish or to any part of a
fish while possessed on board a vessel, except as provided in paragraph
(b) of this section, and to whole, whole-gutted or gilled fish only,
after landing. For purposes of determining the possession limit
restrictions in Sec. 648.86, the weight of fillets and parts of fish,
other than whole-gutted or gilled fish, will be multiplied by 3. Fish
fillets, 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 to fish parts possessed is still
attached.
(b) * * * (1) Each person aboard a vessel issued a multispecies
limited access permit and fishing under the DAS program may possess up
to 25 lb (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. For purposes of determining the
possession limit restrictions specified in Sec. 648.86, the weight of
fillets and parts of fish, other than whole-gutted or gilled fish, will
be multiplied by 3.
* * * * *
10. In Sec. 648.86, the section heading, paragraphs (a)(1), (b)(1)
heading, (b)(1)(i), (b)(1)(ii) introductory text, (b)(1)(ii)(A),
(b)(3), and (c) are revised, paragraphs (b)(3)(ii) and (b)(4) are
removed, and paragraph (d) is added to read as follows:
Sec. 648.86 Possession and landing restrictions.
* * * * *
(a) * * * (1) NE multispecies DAS vessels. (i) Except as provided
in paragraphs (a)(ii) and (a)(iii) of this section, a vessel that
fishes under a NE multispecies DAS may land up to 2,000 lb (907.2 kg)
of haddock per DAS fished, or any part of a DAS fished, up to 20,000 lb
(9071.8 kg) per trip, provided it has at least one standard tote on
board. Haddock 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) When the Regional Administrator projects that 75 percent of
the target TAC will be harvested (9.3 million lb
[[Page 14855]]
(4,200 mt) for the 1999 fishing year), NMFS may publish a notification
in the Federal Register that, as of a specific date, the limit
specified in paragraph (a)(1)(i) of this section is reduced to either a
1,000 lb (453.6 kg) per trip possession limit restriction, or to a
landing limit restriction of 1,000 lb (453.6 kg) per DAS fished, 10,000
lb (4,536.0 kg) maximum, depending on the risk of exceeding the target
TAC. Haddock 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. Vessels subject to this landing limit must
have at least one standard tote on board.
(iii) Paragraph (a)(1)(ii) of this section notwithstanding,
beginning October 1, 1999, through April 30, 2000, if the Regional
Administrator projects that less than 75 percent of the target TAC will
be harvested (9.3 million lb (4,200 mt) for the 1999 fishing year) by
April 30, 2000, NMFS may publish a notification in the Federal Register
that, as of a specific date, the limit is increased to the amount that
the Regional Administrator projects will be sufficient to allow
harvesting of at least 9.3 million lb (4,200 mt) by April 30, 2000.
Haddock 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. Vessels subject to this landing limit must
have at least one standard tote on board.
* * * * *
(b) * * * (1) 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 200 lb (90.7 kg) of
cod per DAS, or any part of a DAS, unless otherwise specified in this
paragraph. Vessels calling-out of the multispecies DAS program under
Sec. 648.10(c)(3) that have utilized part of a DAS (less than 24 hours)
may land up to an additional 200 lb (90.7 kg) of cod for that part of a
DAS; however, such vessels may not end any subsequent trip with cod on
board within the 24-hour period following the beginning of the part of
the DAS utilized (e.g., a vessel that has called-in to the multispecies
DAS program at 3 p.m. on a Monday and ends its trip the next day
(Tuesday) at 4 p.m. (accruing a total of 25 hours) may legally land up
to 400 lb (181.4 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)). When the Regional Administrator projects
when 30 percent of the FMAX target TAC will be harvested (886,000 lb
(402 mt) for the 1999 fishing year), NMFS will publish a notification
in the Federal Register that, as of a specific date, the limit is
reduced to a specified amount between 5 lb (2.3 kg) and 100 lb (45.3
kg) per DAS, depending on the risk of exceeding the target TAC. 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 subject to the landing limit restriction, described in
paragraph (b)(1)(i) of this section, that has called-in to the
multispecies DAS program at 3 p.m. on Monday and that fishes and comes
back into port at 4 p.m. on Wednesday of that same week with 800 lb
(362.9 kg) of cod to offload 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
* * * * *
(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 the requirement 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) 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.
(c) Other possession restrictions. Vessels are subject to all other
applicable possession limit restrictions of this part, as specified
under Sec. 648.82(b)(3), Sec. 648.83(b)(1), Sec. 648.88(a) and (c), and
Sec. 648.89(c).
(d) Calculation of weight of fillets or parts of fish. Possession
limits described under this part are based on the weight of whole,
whole-gutted, or gilled fish. For purposes of determining possession
limit restrictions specified in paragraphs (a), (b), or (c) of this
section, the weight of fillets and parts of fish, other than whole-
gutted or gilled fish, as allowed under Sec. 648.83(a) and (b) will be
multiplied by 3.
11. In Sec. 648.87, introductory text for paragraphs (a) and (b) is
revised, and paragraph (a)(4) is added to read as follows:
Sec. 648.87 Gillnet requirements to reduce or prevent marine mammal
takes.
(a) Areas closed to gillnet gear capable of catching multispecies
to reduce harbor porpoise takes. All persons owning or operating
vessels in the EEZ portion of the areas and times specified in
paragraphs (a)(1), (2), (3) and (4) of this section must remove all of
their sink gillnet gear and other gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnets (as
described in Sec. 648.81(g)(2)(ii)), and may not use, set, haul back,
fish with, or possess on board, unless stowed in accordance with the
requirements of Sec. 648.81(e)(4), sink gillnet gear or other gillnet
gear capable of catching multispecies, with the exception of single
pelagic gillnet gear (as described in Sec. 648.81(g)(2)(ii)) in the EEZ
portion of the areas and for the times specified in paragraphs (a)(1)
through (a)(4) of this section. Also, all persons owning or operating
vessels issued a limited access multispecies permit must remove all of
their sink gillnet gear and other gillnet gear capable of catching
multispecies, with the exception of single pelagic gillnets (as
described in Sec. 648.81(g)(2)(ii)), from the areas and for the times
specified in paragraphs (a)(1) through (a)(4) of this section, and may
not use, set, haul back, fish with, or possess on board, unless stowed
in accordance with the requirements of Sec. 648.81(e)(4), sink gillnets
or other gillnet gear capable of catching multispecies, with the
exception of single pelagic gillnets (as described in
Sec. 648.81(g)(2)(ii)) in the areas and for the times specified in
paragraphs (a)(1) through (a)(4) of this section.
* * * * *
[[Page 14856]]
(4) NE Closure Area. (1) From August 15 through September 13, of
each fishing year, the restrictions and requirements specified in
paragraph (a) of this section apply to the NE Closure Area, which is
the area bounded by straight lines connecting the following points in
the order stated:
Northeast Closure Area
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
NE1 (\1\) 68 deg.55.0'
NE2 43 deg.29.6' 68 deg.55.0'
NE3 44 deg.04.4' 67 deg.48.7'
NE4 44 deg.06.9' 67 deg.52.8'
NE5 44 deg.31.2' 67 deg.02.7'
NE6 (\1\) 67 deg.02.7'
------------------------------------------------------------------------
\1\ Maine shoreline.
Copies of a chart depicting this area are available from the Regional
Administrator upon request.
(b) Areas closed to gillnet gear capable of catching multispecies
to prevent right whale takes. All persons owning or operating vessels
must remove all of their sink gillnet gear and gillnet gear capable of
catching multispecies, with the exception of single pelagic gillnets
(as described in Sec. 648.81(g)(2)(ii)), from the EEZ portion of the
areas and for the times specified in paragraphs (b)(1) and (b)(2) of
this section, and may not use, set, haul back, fish with, or possess on
board, unless stowed in accordance with the requirements of
Sec. 648.81(e)(4), sink gillnet gear or gillnet gear capable of
catching multispecies, with the exception of single pelagic gillnet
gear (as described in Sec. 648.81(g)(2)(ii)) in the EEZ portion of the
areas and for the times specified in paragraphs (b)(1) and (2) of this
section. Also, all persons owning or operating vessels issued a limited
access multispecies permit must remove all of their sink gillnet gear
and other gillnet gear capable of catching multispecies, with the
exception of single pelagic gillnets (as described in
Sec. 648.81(g)(2)(ii)), from the areas and for the times specified in
paragraphs (b)(1) and (b)(2) of this section, and, may not use, set,
haul back, fish with, or possess on board, unless stowed in accordance
with the requirements of Sec. 648.81(e)(4), sink gillnet gear or other
gillnet gear capable of catching multispecies, with the exception of
single pelagic gillnets (as described in Sec. 648.81(g)(2)(ii)) in the
areas and for the times specified in paragraphs (b)(1) and (b)(2) of
this section.
* * * * *
12. In Sec. 648.88, paragraphs (a)(1) and (c) 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, per trip, and unlimited
amounts of the other NE multispecies, provided that the amount of cod
on board does not exceed the daily cod limit specified in
Sec. 648.86(a)(2) and (b), up to a maximum of 300 lb (136.1 kg) of cod
for the entire trip, and that the vessel 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.
* * * * *
(c) Scallop multispecies possession limit permit. Unless otherwise
prohibited in Sec. 648.86(b), 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 per trip when
fishing under a scallop DAS allocated under Sec. 648.53, provided that
the amount of cod on board does not exceed the daily cod limit
specified in Sec. 648.86(a)(2) and (b), up to a maximum of 300 lb
(136.1 kg) of cod for the entire trip, and that 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.
* * * * *
[FR Doc. 99-7655 Filed 3-26-99; 8:45 am]
BILLING CODE 3510-22-P
