98-8288. Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 25  

  • [Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
    [Rules and Regulations]
    [Pages 15326-15333]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-8288]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Part 648
    
    [Docket No. 980318066-8066-01; I.D. 022698A]
    RIN 0648-AK77
    
    
    Fisheries of the Northeastern United States; Northeast 
    Multispecies Fishery; Framework Adjustment 25
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Final rule and 1998 target total allowable catch (TAC) levels.
    
    -----------------------------------------------------------------------
    
    SUMMARY: NMFS issues this final rule to implement measures contained in 
    Framework 25 to the Northeast Multispecies Fishery Management Plan 
    (FMP). The primary purpose of this action is to significantly reduce 
    fishing effort on Gulf of Maine (GOM) cod through a combination of 
    direct and indirect measures. Direct measures include area closures and 
    trip limits, and indirect measures include an incentive to shift effort 
    from the GOM to Georges Bank with an increased haddock trip limit. This 
    final rule implements management measures that include: 1-month 
    sequential closures for each of four GOM inshore areas starting in 
    Massachusetts Bay and extending to Penobscot Bay and for an offshore 
    area comprising Cashes Ledge; a year-round closure encompassing parts 
    of Stellwagen Bank, Jeffreys Ledge, and Wildcat Knoll; a reduction in 
    the GOM cod landing limit from 1,000 lb/day (453.6 kg/day) to 700 lb/
    day (317.5 kg/day); an extension of the current 1,000 lb/day (453.6 kg/
    day) haddock landing limit, with a 10,000 lb (4,536 kg/day) landing cap 
    per trip, for the period May 1 through August 31, and an increase to 
    3,000 lb/day (1,360.8 kg/day), with a 30,000 lb (13,608 kg/day) cap per 
    trip, beginning September 1; a requirement to use a raised footrope 
    trawl in Small Mesh Area 1 and Small Mesh Area 2; and a 1-year 
    postponement of the Vessel Tracking System (VTS) for multispecies 
    vessels. The intent of this action is to implement measures to achieve 
    the rebuilding goals of Amendment 7 to the FMP for the 1998 
    multispecies fishing year.
    
    DATES: This final rule and the target total allowable catch levels are 
    effective May 1, 1998.
    
    ADDRESSES: Copies of Amendment 7 to the FMP (Amendment 7), its 
    regulatory impact review (RIR), and the final regulatory flexibility 
    analysis contained with the RIR, its final supplemental environmental 
    impact statement, and Framework Adjustment 25 documents are available 
    on request from Paul J. Howard, Executive Director, New England Fishery 
    Management Council, 5 Broadway, Saugus, MA 01906-1097.
        Comments regarding the collection-of-information requirements 
    contained in this final rule should be sent to Andrew A. Rosenberg, 
    Regional Administrator, Northeast Region, NMFS, One Blackburn Drive, 
    Gloucester, MA 01930-2298 and to the Office of Information and 
    Regulatory Affairs, Office of Management and Budget, Washington, DC 
    20503 (Attention: NOAA Desk Officer).
    
    FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy 
    Analyst, 978-281-9252.
    
    SUPPLEMENTARY INFORMATION: Amendment 7, which became effective on July 
    1, 1996, established a procedure for setting annual TACs for the five 
    primary stocks of cod, haddock, and yellowtail flounder (Georges Bank 
    cod, haddock, and yellowtail flounder, Southern New England yellowtail 
    flounder, and GOM cod), and an aggregate TAC for the combined stocks of 
    the remaining regulated multispecies. Adjustment of target TACs, which 
    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, is necessary to attain 
    a fishing mortality rate that would allow cod, haddock, and yellowtail 
    stocks to rebuild over time, and maintain current potential yield for 
    the seven remaining multispecies. Adjustment of annual target TACs 
    provides a measure by which to evaluate the effectiveness of the 
    management program and to make determinations on the need for annual 
    adjustments to this program.
        Under Amendment 7, the Multispecies Monitoring Committee (MSMC) was 
    established to review the
    
    [[Page 15327]]
    
    best available scientific information, adjust target TACs, and 
    recommend management options to achieve the plan objectives. In 
    response to the MSMC's advice for the 1997 fishing year, the New 
    England Fishery Management Council (Council) developed, and NMFS 
    implemented, Framework Adjustment 20 (62 FR 15381, April 1, 1997, and 
    62 FR 49144, September 19, 1997), which established a GOM cod landing 
    restriction limiting vessels fishing under a multispecies days-at-sea 
    (DAS) north of 42 deg.00' N. lat. to 1,000 lb (453.6 kg) of cod per 
    day, or any part of a day, for each of the first 4 days of a trip, and 
    up to 1,500 lb (680.4 kg) of cod per day, or any part of a day, in 
    excess of 4 days.
        In its report delivered at the December 9-11, 1997, Council 
    meeting, the MSMC found that stock status has generally improved for 
    the primary groundfish species, but that the condition of GOM cod 
    remains poor. The report concluded that, at 0.78, the fishing mortality 
    rate continues to be well above the overfishing definition (0.37) and 
    the Amendment 7 mortality target of FMAX (0.29). Further, 
    recruitment is at record low levels and spawning stock biomass is 
    declining. The MSMC estimated that, after consideration of the fishing 
    mortality reductions to be gained from the DAS reductions previously 
    implemented under Amendment 7 for fishing year 1998, an additional 48 
    percent fishing mortality reduction is necessary to achieve the target 
    FMAX for GOM cod.
        Based on projected 1998 stock sizes and Amendment 7's fishing 
    mortality targets, the target TACs for the 1998 fishing year were set 
    by the MSMC and adopted by the Council as follows:
        Based on projected 1998 stock sizes and Amendment 7's fishing 
    mortality targets, the target TACs for the 1998 fishing year were set 
    by the MSMC as follows:
    
    ------------------------------------------------------------------------
                                                    1998 Target  1997 Target
                                                        TACs         TACs   
                     Species/area                     (metric      (metric  
                                                       tons)        tons)   
    ------------------------------------------------------------------------
    Georges Bank cod..............................        4,700        3,646
    Georges Bank haddock..........................        4,797        1,608
    Georges Bank yellowtail flounder..............        2,145          776
    Gulf of Maine cod.............................        1,783        2,605
    Southern New England yellowtail flounder......          814          824
    Aggregate for remaining regulated species.....       25,500       25,500
    ------------------------------------------------------------------------
    
        In addition to setting the target TACs, the MSMC report provided 
    the Council with eight specific management options and several general 
    options and recommendations to keep the target TACs from being 
    exceeded. These options were based on DAS reductions, trip limits, and 
    area closures in various combinations.
        At its December 1997 meeting, the Council rejected options based on 
    reducing DAS because they would directly and unnecessarily affect 
    multispecies vessels fishing in areas outside of the GOM. In developing 
    its options, the Council charged its Multispecies Oversight Committee 
    to consider spawning area closure options that incorporate sequential 
    GOM inshore closures, and GOM cod landing limit reductions. Because GOM 
    cod is concentrated in near-shore waters, the Council recognized that 
    measures directed at reducing effort on this stock would have a large 
    impact on small inshore vessels, which account for most of the GOM cod 
    landings. A sequential rolling closure, the Council reasoned, would 
    affect vessels from various ports at different times and, thus, help 
    mitigate inshore closure impacts on small vessels by allowing fishing 
    to occur during the non-closure periods.
        Therefore, to address further reductions needed for GOM cod, this 
    framework replaces the current multispecies Massachusetts Bay and Mid-
    coast Area Closures with a 1-month closure for each of four inshore 
    areas, starting in Massachusetts Bay and extending to Penobscot Bay, 
    Maine, and a 1-month offshore closure in an area known as Cashes Ledge. 
    Additionally, the framework closes, year-round, an area in the western 
    GOM comprising part of Stellwagen Bank, Jeffreys Ledge, and Wildcat 
    Knoll. Exemptions to these new closed areas remain the same as those 
    for the previous Massachusetts Bay and Mid-coast Closure Areas. Also, a 
    vessel may transit through these closure areas provided its gear is 
    stowed properly according to the regulations.
        The third and final provision under this action to address needed 
    reductions for GOM cod is a reduction in the current GOM cod landing 
    limit from 1,000 lb/day (453.6 kg/day) to 700 lb/day (317.5 kg/day). A 
    safeguard included in this last measure allows the Administrator, 
    Northeast Region, NMFS (Regional Administrator), to reduce the landing 
    limit to as low as 400 lb/day (181.4 kg/day) when 50 percent of the 
    target TAC is reached through publication of a notification in the 
    Federal Register. All GOM cod measures included in this framework will 
    sunset after 3 years.
        The GOM cod option selected by the Council and implemented by this 
    rule imposes a short closure period for inshore grounds and provides an 
    opportunity for small vessels to target other species, while achieving 
    the conservation goals of the plan. A no-displacement analysis 
    completed by the Northeast Fisheries Science Center shows that the 
    closure and trip limit would meet the mortality reduction goal. It 
    should be noted, however, that these results are considered optimistic 
    because the analysis assumes that all catch from the closed areas is 
    conserved and no effort is displaced. Nevertheless, the Council 
    rationalized, and NMFS concurs, that the effect of combining the area 
    closures, trip limit (which could be reduced to 400 lbs (181.4 kg)), 
    and current DAS controls, will be sufficient to achieve the fishing 
    mortality reduction goal, while balancing the needs of the industry.
        To address the 1998 target TAC increase for Georges Bank haddock, 
    this rule relaxes the current haddock management measures by 
    establishing a 1,000 lb/day (453.6 kg/day) haddock landing limit, up to 
    a maximum of 10,000 lb/trip (4,536 kg/trip), for the period May 1 
    through August 31, 1998, and by increasing the landing limit to 3,000 
    lb/day (1,360.8 kg/day), up to a maximum of 30,000 lb/trip (13,608 kg/
    trip), beginning September 1. Similar to cod, this provision includes a 
    trigger mechanism that authorizes the Regional Administrator to reduce 
    the landing limit to either 1,000 lb/trip (453.6 kg/trip) or 1,000 lb/
    day (453.6 kg/day), up to a maximum of 10,000 lb (4,536 kg) per trip, 
    when 75 percent of the Georges Bank haddock target TAC is caught,
    
    [[Page 15328]]
    
    through publication of a notification in the Federal Register.
        This rule also requires the use of a raised footrope trawl to 
    ensure that the net remains off of the ocean bottom when towed by trawl 
    vessels fishing in the Small Mesh Area 1 and Small Mesh Area 2 
    exemption areas. The raised footrope design has been successfully used 
    in experimental fisheries conducted by the Massachusetts Division of 
    Marine Fisheries (MADMF) to reduce the incidental catch of several 
    bottom-dwelling species, including regulated flatfish species, while 
    engaged in the whiting fishery.
        Finally, this rule postpones, for the 1998 fishing year only, the 
    mandatory use of VTS by multispecies vessels with an individual DAS 
    allocation. NMFS has completed field testing of the VTS and had 
    informed the Council that the system could be operational by the start 
    of the 1998 fishing year. Under current regulations, a multispecies 
    vessel that possesses an individual DAS permit category (Individual DAS 
    or Combination permit) would be required to install and maintain a VTS 
    unit aboard the vessel to track DAS once the system is operational. The 
    Council has requested an additional year for implementation to address 
    comments and issues raised by members of the public.
        Because parts of Small Mesh Area 2 and Stellwagen Bank/Jeffreys 
    Ledge Juvenile Protection Area lie within the year-round Western GOM 
    Area Closure, this rule adjusts the coordinates of these two areas to 
    reflect this change.
    
    Abbreviated Rulemaking
    
        NMFS is making these revisions to the regulations under the 
    framework abbreviated rulemaking procedure codified at 50 CFR part 648, 
    subpart F. This procedure requires the Council, when making 
    specifically allowed adjustments to the FMP, to develop and analyze the 
    actions over the span of at least two Council meetings. The Council 
    must provide the public with advance notice of both the proposals and 
    the analysis, and an opportunity to comment on them prior to and at a 
    second Council meeting. Upon review of the analysis and public comment, 
    the Council may recommend to the Regional Administrator that the 
    measures be published as a final rule if certain conditions are met. 
    NMFS may publish the measures as a final rule, or as a proposed rule if 
    additional public comment is needed.
        The public was provided the opportunity to express comments on the 
    management of GOM cod at numerous meetings beginning in December, 1996 
    when the MSMC informed the Council of the severely overfished status of 
    GOM cod. Following development of Framework 20, the Council, through 
    its Multispecies Oversight Committee and Area Closure Subcommittee, 
    continued development of area closure alternatives for the GOM at 
    public meetings held on several occasions during 1997. At the July 
    Council meeting, the Northeast Fisheries Science Center presented 
    results of its 24th Stock Assessment Workshop (SAW), updating the 
    status of cod, haddock, and yellowtail flounder stocks, and advised the 
    Council that fishing mortality on GOM cod be reduced to levels 
    approaching zero.
        On December 3, 1997, the MSMC released its annual report. On 
    December 5, the Area Closure Subcommittee and Multispecies Plan 
    Development Team held a public meeting in Saugus, MA to develop an area 
    closure alternative that would meet the 1998 fishing year goals based 
    on information contained in the MSMC report. The first framework 
    meeting was the December 9-11, 1997, Council meeting. The Multispecies 
    Oversight Committee (Groundfish Committee) met on December 15 to 
    finalize options to be included in the framework document. On January 
    7, 1998, the Groundfish Advisory Panel met to draft comments on the 
    options for consideration by the Council. The final meeting at which 
    public comments were heard was the January 14-15, 1998, Council 
    meeting. Documents summarizing the Council's proposed action, and the 
    analysis of biological and economic impacts of this and alternative 
    actions, were available for public review one week prior to the final 
    meeting, as is required under the framework adjustment process. Written 
    comments were accepted up to, and during, that meeting.
    
    Comments and Responses
    
        Comment 1: Approximately 100 letters and e-mails, as well as 
    several phone calls, were received from members of conservation 
    organizations urging the Council to develop measures necessary to 
    continue achieving the Amendment 7 rebuilding plan goals.
        Response: Framework 25 measures, implemented under this rule, are 
    designed to achieve the fishing mortality rate goals for GOM cod in 
    fishing year 1998, and to continue measures which have already achieved 
    those goals for other critical stocks in order to rebuild stock 
    biomass. The framework adjustment process allows the Council to monitor 
    the progress of the plan and make adjustments as necessary to 
    continually meet the plan goals.
        Comment 2: Senators Edward Kennedy (MA), John Kerry (MA), Bob Smith 
    (NH), and Judd Gregg (NH), Congressmen John Sununu (NH) and John 
    Tierney (MA), and NH Governor Jeanne Shaheen submitted written comments 
    urging the Council to consider all options, including those presented 
    by industry groups, and to select the one that fairly distributes the 
    impacts of the conservation plan on all groups.
        Response: A fishing industry group, the Gulf of Maine Fishermen's 
    Alliance, submitted a proposal (the Alliance proposal) too late, 
    pursuant to statutory deadlines, for consideration by the Council as an 
    option for Framework 25. However, the Alliance proposal will be 
    considered by the Council in a subsequent framework action. See 
    response to comment 4.
        The Council did select the framework document option that could be 
    shown to meet the conservation goals of the plan and that distribute 
    the impacts across vessel categories and geographical areas as 
    equitably as possible. As noted previously, however, analyses of this 
    option are considered optimistic in terms of meeting the conservation 
    goal. Despite this, it is believed that the effect of this action in 
    combination with current measures will adequately meet the fishing 
    mortality reductions specified for GOM cod.
        The Council recognizes that since GOM cod is concentrated in 
    inshore waters, measures designed to protect that stock will directly 
    impact inshore fleets and their associated communities. All of the 
    options available to the Council would distribute impacts similarly 
    because of the nature and the distribution of the GOM cod resource. The 
    rolling 1-month feature that pertains to most of the closed area is 
    designed to mitigate these impacts.
        Comment 3: Several members of the public stated that they felt the 
    Council failed to give adequate public notice for the framework 
    meetings.
        Response: The public had been informed of the dire need to address 
    GOM cod on numerous occasions over the past year, e.g, the December 
    1996 Council meeting when the 1996 MSMC Report was delivered, the July 
    1997 Council meeting when the results of the 24th SAW were presented, 
    and in December 1997 when the MSMC released its 1997 report. In 
    addition, the Groundfish Committee and its Area Closure Subcommittee 
    have discussed measures to address GOM cod at several public meetings 
    during that time. The public has also known about the annual review and 
    adjustment process since it was instituted by Amendment 7 to the
    
    [[Page 15329]]
    
    FMP in 1996. The December 9-11, 1997, Council meeting agenda containing 
    an announcement of the MSMC report and initial framework meeting was 
    mailed to approximately 1,650 interested parties on November 19, 1997, 
    filed for public inspection by the Office of the Federal Register on 
    November 24, 1998, and published in the Federal Register on November 
    28, 1997 (62 FR 63309). Also, adequate public notice was given for the 
    December 15, 1997, Multispecies Committee meeting, and for the final 
    Council meeting on this action, held January 14-15, 1998.
        Comment 4: Approximately 90 individuals signed a petition opposing 
    the option adopted by the Council in Framework 25. They contended that 
    an alternative which would have added some offshore grounds to the 
    rolling closure but which would have not closed any areas year round, 
    and saying that Option 3 would do a better job of protecting the 
    resource and the industry. Approximately 80 individuals signed a 
    petition supporting a new alternative, the Alliance proposal, which was 
    not available in time for full consideration by the Council for 
    Framework 25. Numerous individuals also provided oral comment 
    supporting this alternative at the Council's January 14-15, 1998, 
    meeting. Massachusetts State Senator Bruce Tarr and State 
    Representative Tony Verga both urged the Council to consider the 
    proposal.
        Response: Because of statutory deadlines, the Alliance proposal was 
    submitted too late to be considered fully by the Council for Framework 
    25, but is currently being considered for a possible follow-up 
    Framework action. At the time Framework 25 was submitted, the proposal 
    was in the process of being revised by the Alliance members because it 
    could not be shown to meet the biological goal. The Council has, 
    however, given this proposal a high priority for consideration, and 
    will take appropriate action at the earliest opportunity.
        Comment 5: Approximately 15 fishers from Maine signed three letters 
    to the Council supporting the rolling closures without exceptions for 
    gears that were purported to not catch cod.
        Response: With the exception of certain gear types discussed below, 
    the Council adopted a rolling closure option which did not allow 
    exceptions for gears, such as flounder or monkfish gillnets, that are 
    purportedly able to be fished in a manner that has minimal impact on 
    cod. The Council rejected these proposed gear exceptions due to 
    enforcement difficulty resulting from allowing such fishing in an area 
    closed to other very similar gears. However, vessels fishing in closed 
    areas with gear deemed not capable of catching regulated species, such 
    as lobster pots, are exempted and these vessels are prohibited from 
    possessing regulated species. NMFS concurs in the Council's findings.
        Comment 6: Several industry members stated that closing inshore 
    grounds for extended periods would cause small boat fishers to seek 
    alternative fishing grounds beyond the safe range of their vessels.
        Response: Framework 25 closes inshore areas for 1-month periods 
    during the spring and summer months. The year-round closure is a narrow 
    strip several miles offshore. Thus, the immediate inshore grounds 
    remain open for 11 months of the year. The Council considered safety 
    and purposefully selected an option that minimizes the closure of 
    inshore grounds and provides opportunity to fish inshore. The safe 
    operation of a vessel is the Captain's responsibility. NMFS concurs in 
    the Council's conclusion.
        Comment 7: Several individuals commented in opposition to a 
    proposal to postpone the mandatory VTS only on vessels fishing in the 
    GOM.
        Response: NMFS concurs with the Council's decision to reject this 
    proposal in favor of a 1-year postponement extended to all Individual 
    DAS vessels, not just those fishing in the GOM. See discussion of the 
    VTS postponement earlier in this document.
    
    Classification
    
        The Assistant Administrator for Fisheries, NOAA finds there is good 
    cause to waive prior notice and opportunity for public comment under 5 
    U.S.C. 553(b)(B). Public meetings held by the Council to discuss the 
    management measures implemented by this rule provided adequate prior 
    notice and an opportunity for public comment to be heard and 
    considered; therefore, further notice and opportunity to comment before 
    this rule is effective is unnecessary.
        Because prior notice and an opportunity for public comment are not 
    required to be provided for this rule by 5 U.S.C. 533, or by any other 
    law, the analytical requirements of the Regulatory Flexibility Act, 5 
    U.S.C. 601 et seq., are inapplicable. As such, none has been prepared. 
    The primary intent for this action is to achieve the conservation goals 
    established by Amendment 7 to the FMP while mitigating its economic 
    impacts. The increased haddock trip limit for 1998 provides economic 
    opportunity, while the postponement of mandatory VTS for one year 
    reduces short-term costs to vessels, thereby mitigating impacts of the 
    FMP without compromising its conservation objectives.
        This rule restates information collection requirements subject to 
    the Paperwork Reduction Act (PRA) that have been approved by the Office 
    of Management and Budget (OMB) under control number 0648-0202. Call-in 
    requirements are estimated to take 2 minutes per call, and the 
    transiting notification is estimated to take 3 minutes per 
    notification. Send comments regarding any of these burden estimates or 
    any other aspect of the collection of information, including 
    suggestions for reducing the burden, to NMFS and to OMB (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 PRA unless that collection of information displays a currently 
    valid OMB control number.
        This final rule has been determined to be not significant for the 
    purposes of E.O. 12866.
    
    List of Subjects in 50 CFR Part 648
    
        Fisheries, Fishing, Reporting and recordkeeping requirements.
    
        Dated: March 25, 1998.
    Gary C. Matlock,
    Acting Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
    
        For the reasons set out in the preamble, 50 CFR part 648 is 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. 648.10, paragraphs (d) and (f)(3)(i) are revised to read 
    as follows:
    
    
    Sec. 648.10  DAS notification requirements.
    
    * * * * *
        (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. From May 1, 1998, through April 30, 1999, 
    multispecies vessels issued an Individual DAS or Combination Vessel 
    (regarding the
    
    [[Page 15330]]
    
    multispecies fishery) permit are temporarily authorized to use the 
    call-in system of notification specified in paragraph (c) of this 
    section.
    * * * * *
        (f) * * *
        (3) * * *
        (i) A vessel subject to the cod landing limit restriction specified 
    in Sec. 648.86(b)(1)(i), that has not exceeded the allowable limit of 
    cod based on the duration of the trip, must enter port and call-out of 
    the DAS program no later than 14 DAS after starting a multispecies DAS 
    trip.
    * * * * *
        3. In Sec. 648.14, paragraphs (a)(101), (c)(7), (c)(10), (c)(24) 
    and (c)(25) are revised, paragraphs (a)(105) through (109) are added 
    and reserved, and paragraph (a)(110) is added to read as follows:
    
    
    Sec. 648.14  Prohibitions.
    
        (a) * * *
        (101) Enter, fail to remove gear from, or be in the areas described 
    in Sec. 648.81(f)(1) through (i)(1) and in Sec. 648.81(n)(1) during the 
    time period specified, except as provided in Sec. 648.81(d), (f)(2), 
    (g)(2), (h)(2), (i)(2) and (n)(2).
    * * * * *
        (105) [Reserved].
        (106) [Reserved].
        (107) [Reserved].
        (108) [Reserved].
        (109) [Reserved].
        (110) Fish for, harvest, possess, or land in or from the EEZ, 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)(8)(iv).
    * * * * *
        (c) * * *
        (7) Possess or land per trip more than the possession or landing 
    limits specified under Sec. 648.86(a), (b), and under 
    Sec. 648.82(b)(3), if the vessel has been issued a limited access 
    multispecies permit.
    * * * * *
        (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 (f)(2), and in Sec. 648.87(a)(1)(ii).
    * * * * *
        (24) Fail to enter port and report the hail weight of cod within 14 
    DAS after starting a multispecies DAS trip, as specified in 
    Sec. 648.10(f)(3), if the vessel exceeds the allowable limit of cod 
    specified in Sec. 648.86(b)(1)(i) and (b)(3)(i), unless the vessel is 
    fishing under the cod exemption specified in Sec. 648.86(b)(2).
        (25) Fail to remain in port for the appropriate time specified in 
    Sec. 648.86(b)(1)(ii)(A), except for transiting purposes, provided the 
    vessel complies with Sec. 648.86(b)(4).
    * * * * *
        4. In Sec. 648.80, paragraphs (a)(5)(i) and (a)(8) are revised to 
    read as follows:
    
    
    Sec. 648.80  Regulated mesh areas and restrictions on gear and methods 
    of fishing.
    
    * * * * *
        (a) * * *
        (5) * * *
        (i) The SB/JL Juvenile Protection Area (copies of a chart depicting 
    the area are available from the Regional Administrator upon request 
    (see Table 1 to Sec. 600.502)) is defined by straight lines connecting 
    the following points in the order stated:
    
                    Stellwagen Bank Juvenile Protection Area                
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    SB1..............................  42 deg.34.0'        70 deg.23.5'     
    SB2..............................  42 deg.28.8'        70 deg.39.0'     
    SB3..............................  42 deg.18.6'        70 deg.22.5'     
    SB4..............................  42 deg.05.5'        70 deg.23.3'     
    SB5..............................  42 deg.11.0'        70 deg.04.0'     
    SB6..............................  42 deg.15.0'        70 deg.07.4'     
    SB7..............................  42 deg.15.0'        70 deg.15.0'     
    SB8..............................  42 deg.24.0'        70 deg.15.0'     
    SB1..............................  42 deg.34.0'        70 deg.23.5'     
    ------------------------------------------------------------------------
    
    
                     Jeffreys Ledge Juvenile Protection Area                
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    JL1..............................  42 deg.52.0'        70 deg.21.0'     
    JL2..............................  42 deg.41.5'        70 deg.32.5'     
    JL3..............................  42 deg.34.0'        70 deg.26.2'     
    JL4..............................  42 deg.43.1'        70 deg.15.0'     
    JL5..............................  42 deg.54.3'        70 deg.15.0'     
    JL1..............................  42 deg.52.0'        70 deg.21.0'     
    ------------------------------------------------------------------------
    
    * * * * *
        (8) Small Mesh Area 1/Small Mesh Area 2. (i) 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)(iv) 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, except as specified in paragraph 
    (a)(8)(ii) and (a)(8)(iii) of this section. 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)):
    
                                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.............................  43 deg.05.6'        69 deg.55.0'     
    ------------------------------------------------------------------------
    
        (ii) The portion of Small Mesh Area 2 that is north of 43 deg.00.0' 
    N. lat. shall be closed to all fishing during the period May 1 through 
    May 31 to coincide with Inshore Closure Area I specified in 
    Sec. 648.81(g)(1)(iii). Therefore, during the May 1 through May 31 time 
    period, Small Mesh Area 2 is defined by straight lines connecting the 
    following points in the order stated:
    
                                Small Mesh Area 2                           
                                  [May 1-May 31]                            
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    SM18.............................  43 deg.00.0'        69 deg.41.6'     
    SM15.............................  42 deg.49.5'        69 deg.40'       
    SM16.............................  42 deg.41.5'        69 deg.40'       
    SM17.............................  42 deg.36.6'        69 deg.55'       
    SM19.............................  43 deg.00.0'        69 deg.55'       
    SM18.............................  43 deg.00.0'        69 deg.41.6'     
    ------------------------------------------------------------------------
    
    
    [[Page 15331]]
    
        (iii) The portion of Small Mesh Area 2 that is south of 
    43 deg.00.0' N. lat. shall be closed to all fishing during the period 
    April 1 through April 30 to coincide with the Inshore Closure Area II 
    specified in Sec. 648.81(g)(1)(ii). Therefore, during the April 1 
    through April 30 time period, Small Mesh Area 2 is defined by straight 
    lines connecting the following points in the order stated:
    
                                Small Mesh Area 2                           
                               [April 1-April 30]                           
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    SM18.............................  43 deg.00.0'        69 deg.41.6'     
    SM14.............................  43 deg.10.1'        69 deg.43.3'     
    SM13.............................  43 deg.05.6'        69 deg.55'       
    SM19.............................  43 deg.00.0'        69 deg.55'       
    SM18.............................  43 deg.00.0'        69 deg.41.6'     
    ------------------------------------------------------------------------
    
        (iv) 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)(iv) (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 longer than the headrope but not more than 
    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, and in conjunction with the headrope floatation; 
    this 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 towards 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.
    * * * * *
        5. In Sec. 648.81, paragraphs (d), (g), (h) and (i) are revised, 
    and paragraph (n) is added to read as follows:
    
    
    Sec. 648.81  Closed areas.
    
    * * * * *
        (d) Transiting. Vessels may transit Closed Area I, the Nantucket 
    Lightship Closed Area, the NE Closure Area, the GOM Inshore 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.
    * * * * *
        (g) GOM Inshore Closure Areas. (1) From May 1, 1998, through April 
    30, 2001, no fishing vessel or person on a fishing vessel may enter, 
    fish in, or be in, and no fishing gear capable of catching 
    multispecies, unless otherwise allowed in this part, may be in, or on 
    board a vessel in, the GOM Inshore Closure Areas I through IV, as 
    described in paragraphs (g)(1)(i) through (iv) 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)).
        (i) Inshore Closure Area I. From March 1 through March 31, the 
    restrictions specified in paragraph (g)(1) of this section apply to 
    Inshore Closure Area I apply to Inshore Closure Area III, which is the 
    area bounded by straight lines connecting the following points in the 
    order stated:
    
                             Inshore 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\)            
    GM4..............................  42 deg.00'          70 deg.00'       
    GM5..............................  42 deg.30'          70 deg.00'       
    GM6..............................  42 deg.30'          (\1\)            
    ------------------------------------------------------------------------
    \1\ Massachusetts shoreline.                                            
    \2\ Cape Cod shoreline on Cape Cod Bay.                                 
    \3\ Cape Cod shoreline on the Atlantic Ocean.                           
    
        (ii) Inshore Closure Area II. From April 1 through April 30, the 
    restrictions specified in paragraph (g)(1) of this section apply to 
    Inshore Closure Area II, which is the area bounded by straight lines 
    connecting the following points in the order stated:
    
                             Inshore Closure Area II                        
                               [April 1-April 30]                           
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    GM6..............................  42 deg.30'          (\1\)            
    GM7..............................  42 deg.30'          69 deg.30'       
    GM8..............................  43 deg.00'          69 deg.30'       
    GM9..............................  43 deg.00'          (\2\)            
    ------------------------------------------------------------------------
    \1\ Massachusetts shoreline.                                            
    \2\ New Hampshire shoreline.                                            
    
        (iii) Inshore Closure Area III. From May 1 through May 31, the 
    restrictions specified in paragraph (g)(1) of this section apply to 
    Inshore Closure Area III, which is the area bounded by straight lines 
    connecting the following points in the order stated:
    
                            Inshore Closure Area III                        
                                 [May 1-May 31]                             
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    GM9..............................  43 deg.00'          (\1\)            
    GM8..............................  43 deg.00'          69 deg.30'       
    GM10.............................  43 deg.30'          69 deg.30'       
    GM11.............................  43 deg.30'          (\2\)            
    ------------------------------------------------------------------------
    \1\ New Hampshire shoreline.                                            
    \2\ Maine shoreline.                                                    
    
        (iv) Inshore Closure Area IV. From June 1 through June 30, the 
    restrictions specified in paragraph (g)(1) of this section apply to 
    Inshore Closure Area IV (copies of a chart depicting this area are 
    available from the Regional Administrator upon request (see Table 1 to 
    Sec. 600.502)), which is the area bounded by straight lines connecting 
    the following points in the order stated:
    
    [[Page 15332]]
    
    
    
                             Inshore Closure Area IV                        
                                [June 1-June 30]                            
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    GM11.............................  43 deg.30'          (\1\)            
    GM12.............................  43 deg.30'          69 deg.00'       
    GM13.............................  (\1\)               69 deg.00'       
    ------------------------------------------------------------------------
    \1\ Maine shoreline.                                                    
    
        (2) Paragraph (g)(1) of this section does not apply to persons on 
    fishing vessels or fishing vessels that meet the criteria in paragraph 
    (f)(2)(i), (ii), or (iii) of this section.
        (h) Cashes Ledge Closure Area. (1) From May 1, 1998, through April 
    30, 2001, during the period June 1 through June 30, no fishing vessel 
    or person on a fishing vessel may enter, fish, 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 (a chart depicting this area is available 
    from the Regional Administrator upon request (see Table 1 to 
    Sec. 600.502)), 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                       
                                [June 1-June 30]                            
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    GM14.............................  42 deg.30'          69 deg.00'       
    GM15.............................  42 deg.30'          68 deg.30'       
    GM16.............................  43 deg.00'          68 deg.30'       
    GM17.............................  43 deg.00'          69 deg.00'       
    GM14.............................  42 deg.30'          69 deg.00'       
    ------------------------------------------------------------------------
    
        (2) Paragraph (h)(1) of this section does not apply to persons on 
    fishing vessels or fishing vessels that meet the criteria in paragraph 
    (f)(2)(ii), or (iii) of this section.
        (i) Western GOM Area Closure. (1) From May 1, 1998, through April 
    30, 2001, no fishing vessel or person on a fishing vessel may enter, 
    fish in, or be in, and no fishing gear capable of catching 
    multispecies, unless otherwise allowed in this part, may be in, or on 
    board a vessel in, the area known as the Western GOM Area Closure (a 
    chart depicting this area is available from the Regional Administrator 
    upon request (see Table 1 to Sec. 600.502)), as defined by straight 
    lines connecting the following points in the order stated, except as 
    specified in paragraphs (d) and (i)(2) of this section:
    
                            Western GOM Area Closure                        
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    WGM1.............................  42 deg.15'          70 deg.15'       
    WGM2.............................  42 deg.15'          69 deg.55'       
    WGM3.............................  43 deg.15'          69 deg.55'       
    WGM4.............................  43 deg.15'          70 deg.15'       
    WGM1.............................  42 deg.15'          70 deg.15'       
    ------------------------------------------------------------------------
    
        (2) Paragraph (i)(1) of this section does not apply to persons on 
    fishing vessels or fishing vessels that meet the criteria in paragraph 
    (f)(2)(ii), or (iii) of this section.
    * * * * *
        (n) Area closures beginning May 1, 2001. (1) No fishing vessel or 
    person on a fishing vessel may enter, fish, 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 
    Mid-coast Closure Area, as described in Sec. 648.87(a)(1), during the 
    period May 10 through May 30, or in the area known as the Massachusetts 
    Bay Closure Area, as described in Sec. 648.87(a)(3), during the period 
    March 1 through March 30, (copies of a chart depicting these areas is 
    available from the Regional Administrator upon request (see Table 1 to 
    Sec. 600.502)), except as specified in paragraphs (d) and (n)(2) of 
    this section.
        (2) Paragraph (n)(1) of this section does not apply to persons on 
    fishing vessels or fishing vessels that meet the criteria in paragraph 
    (f)(2)(i), (ii), or (iii) of this section.
        6. In Sec. 648.86, paragraphs (a)(1)(i), (a)(1)(ii), (b) 
    introductory text, (b)(1) introductory text, (b)(1)(i), (b)(1)(ii), and 
    (b)(3) are revised, and paragraphs (a)(1)(iii) and (b)(4) are added to 
    read as follows:
    
    
    Sec. 648.86  Possession restrictions.
    
        (a) * * *
        (1) * * *
        (i) Except as provided in paragraphs (a)(1)(ii) and (iii) of this 
    section, a vessel that is fishing under a NE multispecies DAS may land 
    or possess on board up to 1,000 lb (453.6 kg) of haddock provided it 
    has at least one standard tote on board. Haddock on board a vessel 
    subject to this possession limit must be separated from other species 
    of fish and stored so as to be readily available for inspection.
        (ii) During the period May 1, 1998, through August 31, 1998, a 
    vessel may land up to 1,000 lb (453.6 kg) of haddock per DAS fished, or 
    any part of a DAS fished, up to 10,000 lb (4,536.0 kg) per trip. 
    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.
        (iii) Beginning September 1, 1998, through April 30, 1999, unless 
    otherwise specified in this paragraph, a vessel may land up to 3,000 lb 
    (1,360.8 kg) of haddock per DAS fished, or any part of a DAS fished, up 
    to 30,000 lb (13,608 kg) per trip. When the Regional Administrator 
    projects that 7.9 million lb (3,598 mt) will be harvested, NMFS will 
    publish a notification in the Federal Register that on a specific date 
    the limit will be reduced to either the 1,000 lb (453.6 kg) per trip 
    possession limit restriction specified in paragraph (a)(1)(i) of this 
    section, or the 1,000 lb (453.6 kg) per DAS fished, 10,000 lb (4,536.0 
    kg) maximum, landing limit restriction specified in paragraph 
    (a)(1)(ii) of this section, 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.
    * * * * *
        (b) Cod--(1) Landing limit from May 1, 1998, through April 30, 
    2001. (i) Except as provided in paragraph (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 700 lb (317.5 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 700 lb (317.5 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 1,400 lb (635.0 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 that 892 mt will be harvested, NMFS will publish a 
    notification in the Federal Register that on a specific date the limit 
    will be reduced to a specified amount between 400 lb (181.4 kg) and 700 
    lb (317.5 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
    
    [[Page 15333]]
    
    paragraphs (b)(1)(i) and (b)(1)(3) 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:
    * * * * *
        (3) Landing limit beginning May 1, 2001. (i) Except as provided in 
    paragraphs (b)(1)(ii) and (b)(2) of this section, and subject to the 
    cod landing limit call-in provision specified at Sec. 648.10(f)(3)(i), 
    a vessel fishing under a NE multispecies DAS may land up to 1,000 lb 
    (453.6 kg) of cod per DAS, or any part of a DAS, for each of the first 
    4 DAS of a trip, and may land up to 1,500 lb (680.4 kg) of cod per DAS 
    for each DAS, or any part of a DAS, in excess of 4 consecutive DAS. 
    Vessels calling-out of the multispecies DAS program under 
    Sec. 648.10(c)(3) that have utilized part of a DAS (less than 24 hours) 
    may land up to an additional 1,000 lb (453.6 kg), or 1,500 lb (680.4 
    kg) if applicable, of cod for that part of a DAS; however, such vessels 
    may not end any subsequent trip with cod on board within the 24-hour 
    period following the beginning of the part of the DAS utilized (e.g., a 
    vessel that has called-in to the multispecies DAS program at 3 p.m. on 
    a Monday and ends its trip the next day (Tuesday) at 4 p.m. (accruing a 
    total of 25 hours) may legally land up to 2,000 lb (907.2 kg) of cod on 
    such a trip, but the vessel may not end any subsequent trip with cod on 
    board until after 3 p.m. on the following day (Wednesday)). Cod on 
    board a vessel subject to this landing limit must be separated from 
    other species of fish and stored so as to be readily available for 
    inspection.
        (ii) [Reserved].
        (4) Transiting. A vessel that has exceeded the cod landing limit as 
    specified in paragraphs (b)(1) and (b)(3) of this section and is, 
    therefore, subject to remain in port for the period of time described 
    in paragraph (b)(1)(ii)(A) of this section, may transit to another port 
    during this time, provided that the vessel operator notifies the 
    Regional Administrator (see Table 1 to Sec. 600.502) 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.
    * * * * *
        7. In Sec. 648.87, paragraph (a) introductory text, and paragraphs 
    (a)(1)(i) and (a)(1)(ii) are revised, and paragraph (a)(3) 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. Section 648.81(f) sets forth a closed 
    area restriction to reduce the take of harbor porpoise consistent with 
    the harbor porpoise mortality reduction goals. Further, all persons 
    owning or operating vessels in the EEZ portion of the areas and times 
    specified in paragraphs (a)(1), (2) and (3) 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(f)(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(f)(2)(ii)) in 
    the EEZ portion of the areas and for the times specified in paragraphs 
    (a)(1), (2) and (3) 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(f)(2)(ii)), from the areas and for the 
    times specified in paragraphs (a)(1), (2) and (3) 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(f)(2)(ii)) in the areas and for the times specified in 
    paragraphs (a)(1), (2) and (3) of this section.
        (1) * * *
        (i) From March 25 through April 25, May 10 through May 30, and from 
    September 15 through December 31 of each fishing year, the restrictions 
    and requirements specified in paragraph (a) of this section apply to 
    the Mid-coast Closure Area (copies of a chart depicting this area are 
    available from the Regional Administrator upon request), except as 
    provided in paragraph (a)(1)(ii) of this section, which is the area 
    bounded by straight lines connecting the following points in the order 
    stated.
    
                             Mid-Coast Closure Area                         
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    MC1..............................  42 deg.30'          (\1\)'           
    MC2..............................  42 deg.30'          70 deg.15'       
    MC3..............................  42 deg.40'          70 deg.15'       
    MC4..............................  42 deg.40'          70 deg.00'       
    MC5..............................  43 deg.00'          70 deg.00'       
    MC6..............................  43 deg.00'          69 deg.30'       
    MC7..............................  43 deg.15'          69 deg.30'       
    MC8..............................  43 deg.15'          69 deg.00'       
    MC9..............................  (\2\)               69 deg.00'       
    ------------------------------------------------------------------------
    \1\ Massachusetts shoreline.                                            
    \2\ Maine shoreline.                                                    
    
        (ii) Vessels subject to the restrictions and regulations specified 
    in paragraph (a) of this section may fish in the Mid-coast Closure 
    Area, as defined under paragraph (a)(1)(i) of this section, from 
    November 1 through December 31 of each fishing year, provided that an 
    acoustic deterrent device (``pinger'') is attached at the end of each 
    string of nets and at the bridle of every net within a string of nets, 
    and is maintained as operational and functioning. Each pinger, when 
    immersed in water, must broadcast a 10kHz +/-2kHz sound at 132 dB +/
    -4dB re 1 micropascal at 1 m. This sound must last 300 milliseconds and 
    repeat every 4 seconds.
    * * * * *
        (3) Massachusetts Bay Closure Area. From March 1 through March 30, 
    the restrictions and requirements specified in paragraph (a) of this 
    section apply to the Massachusetts Bay Closure Area (copies of a chart 
    depicting this area are available from the Regional Administrator upon 
    request (see Table 1 to Sec. 600.502)), which is the area bounded by 
    straight lines connecting the following points in the order stated.
    
                         Massachusetts Bay Closure Area                     
    ------------------------------------------------------------------------
                  Point                      N. lat.            W. long.    
    ------------------------------------------------------------------------
    MB1..............................  42 deg.30'          (\1\)            
    MB2..............................  42 deg.30'          70 deg.30'       
    MB3..............................  42 deg.12'          70 deg.30'       
    MB4..............................  42 deg.12'          70 deg.00'       
    MB5..............................  (\2\)               70 deg.00'       
    MB6..............................  42 deg.00'          (\2\)            
    MB7..............................  42 deg.00'          (\1\)            
    ------------------------------------------------------------------------
    \1\ Massachusetts shoreline.                                            
    \2\ Cape Cod shoreline.                                                 
    
    * * * * *
    [FR Doc. 98-8288 Filed 3-30-98; 8:45 am]
    BILLING CODE 3510-22-P
    
    
    

Document Information

Effective Date:
5/1/1998
Published:
03/31/1998
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Final rule and 1998 target total allowable catch (TAC) levels.
Document Number:
98-8288
Dates:
This final rule and the target total allowable catch levels are effective May 1, 1998.
Pages:
15326-15333 (8 pages)
Docket Numbers:
Docket No. 980318066-8066-01, I.D. 022698A
RINs:
0648-AK77: Final Rule to Implement Framework Adjustment 25 to the Fishery Management Plan for the Northeast Multispecies Fishery for Fishing Year 1998
RIN Links:
https://www.federalregister.gov/regulations/0648-AK77/final-rule-to-implement-framework-adjustment-25-to-the-fishery-management-plan-for-the-northeast-mul
PDF File:
98-8288.pdf
CFR: (14)
50 CFR 600.502))
50 CFR 648.82(b)(3)
50 CFR 648.10(c)(3)
50 CFR 648.81(d)
50 CFR 648.10(f)(3)
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