[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15381-15389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8235]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 970318056-7056-01; I.D. 021397B]
RIN 0648-AJ43
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 20
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
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SUMMARY: NMFS issues this interim final rule to implement measures
contained in Framework 20 of the Northeast Multispecies Fishery
Management Plan (FMP). This interim final rule implements management
measures that include: A daily trip limit for cod for vessels when
fishing north of 42 deg.00' N. lat.; a seasonal increase in the haddock
limit from 1,000 lb (453.6 kg) per trip to 1,000 lb (453.6 kg) per day
up to a maximum of 10,000 lb (4,536.0 kg) per trip beginning September
1, 1997, and ending when 1,150 mt are harvested; gillnet effort-
reduction measures including a limit on the number of nets; and several
exempted fishery actions, including exemptions for monkfish, skate, and
dogfish in the Gulf of Maine and Southern New England Regulated Mesh
Areas. The intent of this rule is to achieve the conservation goals
established by Amendment 7 to the FMP while mitigating its economic
impacts and to simultaneously incorporate several other Council actions
that would otherwise have been submitted as separate frameworks.
DATES: Effective: May 1, 1997. Public comments on the rule are invited
through May 1, 1997.
ADDRESSES: Comments on the rule should be sent to Dr. Andrew A.
Rosenberg, Regional Administrator, NMFS, Northeast Regional Office, 1
Blackburn Drive, Gloucester, MA 01930, Attention: Susan A. Murphy.
Copies of Amendment 7 to the FMP (Amendment 7), its regulatory impact
review (RIR), and the final regulatory flexibility analysis (FRFA)
contained with the RIR, its final supplemental environmental impact
statement (FSEIS), and Framework Adjustment 20 documents are available
on request from Paul J. Howard, Executive Director, New England Fishery
Management Council, 5 Broadway, Saugus, MA, 01906-1097.
Comments regarding burden-hour estimates for collection-of-
information requirements contained in this final rule should be sent to
Dr. Andrew A. Rosenberg, Regional Administrator, 1 Blackburn Drive,
Gloucester, MA 01930, and the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Washington, D.C. 20502
(Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy
Analyst, 508-281-9252.
SUPPLEMENTARY INFORMATION: The regulations implementing Amendment 7 (61
FR 27710, May 31, 1996) became effective on July 1, 1996. The objective
of the amendment to the FMP is to rebuild depleted stocks of Georges
Bank (GB) and Gulf of Maine (GOM) cod, GB haddock, and GB and Southern
New England (SNE) yellowtail flounder by reducing fishing effort
through a number of management measures, primarily controls on days-at-
sea (DAS) and area closures. To ensure that this goal is achieved, the
regulations established a procedure for setting annual target total
allowable catches (TACs) for the primary cod, haddock, and yellowtail
flounder stocks and an aggregate TAC for the combined stocks of the
remaining regulated multispecies, based on the biological reference
points of Fmax for GOM cod and F0.1 for the remaining stocks
of cod, haddock, and yellowtail flounder. The target TACs provide 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.
The regulations require the Multispecies Monitoring Committee
(MSMC) to review the best available scientific information, adjust
target TACs, and recommend management options to achieve the plan
objectives. In its report delivered at the December 11-12, 1996, New
England Fishery Management Council (Council) meeting, the MSMC
concluded that spawning stock biomass (SSB) has increased or is
projected to increase for the primary stocks. In addition, the MSMC
concluded that, with the exception of GOM cod, fishing mortality rates
have been reduced to below their respective overfishing definitions.
The MSMC report offered optimistic news concerning increased or
increasing SSB levels for the major stocks, and decreasing fishing
mortality rates for all but the GOM cod stock, but cautioned that SSB
for 1996 GB cod, haddock, and yellowtail flounder stocks remain below
the biological thresholds established in the FMP and recommended
additional reductions in fishing mortality, particularly for GOM cod.
Based on projected 1997 stock sizes and the FMP's 1997 fishing
mortality targets, the target TACs for the 1997 fishing year,
recommended by the MSMC and adopted by the Council, are as follows:
------------------------------------------------------------------------
1997 1996
target target
Species/area TACs TACs
(metric (metric
tons) tons)
------------------------------------------------------------------------
Georges Bank cod.................................. 3,646 1,851
Georges Bank haddock.............................. 1,608 2,801
Georges Bank yellowtail flounder.................. 776 385
Gulf of Maine cod................................. 2,605 2,761
Southern New England yellowtail flounder.......... 824 150
Aggregate for remaining regulated species......... 25,500 25,500
------------------------------------------------------------------------
In addition to setting the target TACs, the MSMC report provided
the Council with five management options projected to keep the target
TACs from being exceeded. These options were based on DAS reductions
and/or year-round area closures.
At its December 1996 and January 7, 1997, meetings, the Council
considered the range of events, circumstances and regulations occurring
or projected to take effect in 1997, and their collective
[[Page 15382]]
impact on fishing mortality rates. Factors analyzed included the Vessel
Capacity Reduction Program (both pilot and proposed programs), the
proposed and realized marine mammal protection measures, the scheduled
GOM Jeffreys Ledge closure in the month of May, and the proposed
gillnet effort reduction measures. If the Council's assessment of the
cumulative effect of the above factors is realized, and fishing
mortality is reduced as projected, the average fishing mortality rate
for the five stocks of cod, haddock and yellowtail flounder would be
significantly reduced. However, in considering the projected fishing
mortality reduction for GOM cod alone, the difference in the projected
1997 rate and the goal for GOM cod remains significant.
The Council reasoned that some non-quantifiable factors not
considered by the MSMC should also be considered and factored into the
total effort reduction, e.g., the incentives to fish in other fisheries
provided by the additional exemptions, the incentive to fish offshore
on GB during the seasonal haddock trip limit increase, improved
enforcement from the new State/Federal cooperative agreements and
improved Coast Guard enforcement strategy, the stock enhancement
efforts underway by the State of Maine, as well as the combined effect
of the overall program on fishing behavior. Given all of the above
actions that have been taken or are scheduled to be taken and that were
not considered by the MSMC, the Council set its focus on the remaining
problem of addressing GOM cod.
Approved Measures
To address further reductions needed for GOM cod, this rule
implements a 1997 fishing year landing limit restriction for vessels
fishing north of 42 deg.00' N. lat., when fishing under a multispecies
DAS, whereby vessels are allowed to retain up to 1,000 lb (453.6 kg) of
cod per day, or any part of a day, for each of the first 4 days of a
trip, and up to 1,500 lb (680.4 kg) of cod per day, or any part of a
day, in excess of 4 days as described under Sec. 648.86(c)(1). A part
of a day is considered any time within a 24-hour period, and for trips
in excess of one day, any time within a 24-hour period following the
last complete 24-hour period, from the time the vessel called in to the
multispecies DAS program. For example, if a vessel initially called in
to the multispecies DAS program at 1 a.m. on Monday and ended its trip
by calling out of the program 3 days later on Wednesday at 5 a.m., the
vessel may retain and offload 3,000 lb (1,360.8 kg) of cod, because it
fished part of 3 different days (i.e., 3 X 1,000 lb).
Vessel operators that exceed the landing limit of cod may retain
the excess fish but may not call-out of the multispecies DAS program
until total DAS per trip corresponds to the total allowable weight of
cod off-loaded per trip. To mitigate discarding and to provide a method
of enforcing this provision, vessels that exceed the cod landing limit
must report their hailed weight of cod on board under a separate call-
in system, upon entering port. Vessels exceeding the landing limit of
cod may, but are not required to, offload their catch after reporting
their hailed weight of cod. Also, vessels that do not exceed their
landing limit of cod but wish to offload their cod catch and not call-
out of the multispecies DAS program may do so provided that they report
their hailed weight of cod using the separate call-in system upon
entering port.
Vessel operators may receive an exemption from this landing limit
by fishing south of 42 deg.00' N. lat. for a minimum of 30 days and by
obtaining and keeping a NMFS-issued exemption certificate on board the
vessel as described under Sec. 648.86(c)(2). When fishing under this
exemption program, vessels are allowed to transit the area north of
42 deg.00' N. lat., provided their gear is stowed in conformance with
the regulations.
To address concern over the high level of discards reported
seasonally by some fishers under the current 1,000 lb (453.6 kg)
haddock possession limit, this rule implements a measure for the 1997
fishing year, only, that increases the landing limit, beginning
September 1, 1997, to 1,000 lb (453.6 kg) per day, to a maximum of
10,000 lb (4,536.0 kg) per trip as described under Sec. 648.86(a). As a
means to ensure that landings are kept well below the 1,608 mt target
TAC level for GB haddock, this measure would revert to a 1,000 lb
(453.6 kg) per trip possession limit when 1,150 mt is projected to be
reached. A notification will be published in the Federal Register when
the 1,000-lb (453.6kg) trip limit is reinstated. Implementing the
haddock daily landing limit on September 1 will help alleviate a derby
fishery and is based on the period of time when vessels are likely to
harvest haddock in excess of 1,000 lb (453.6 kg) per trip. In addition,
elimination of the current possession limit during a time when vessels
are more likely to catch haddock when fishing for other regulated
species provides an incentive for larger vessels to leave inshore
fishing grounds, thereby relieving some pressure on inshore stocks,
particularly GOM cod.
This action implements a set of additional gillnet restrictions
designed to restrict further multispecies gillnet vessels as described
under Sec. 648.82(j). Because many gillnet vessels leave their nets in
the water when they return to port and call-out of the DAS program,
additional effort restrictions for the gillnet sector are necessary to
achieve an effort reduction equivalent to the other vessel sectors,
i.e., a 50 percent DAS reduction from the baseline year. Thus, this
rule requires that limited access vessels fishing with multispecies
gillnet gear (with the exception of vessels fishing under the Small
Vessel permit category) declare into either a Day or Trip gillnet
category designation as described under Sec. 648.82(j). When fishing
under a multispecies DAS with gillnet gear, vessels fishing under a
Trip gillnet category designation must, under this action, remove all
gillnet gear from the water before calling-out of the multispecies DAS
program. All other gillnet vessels are required to declare into the Day
gillnet category and: (1) When fishing under a multispecies DAS, must
not fish more than 80 roundfish gillnets or 160 flatfish gillnets
(vessels may fish any combination of roundfish and flatfish gillnets,
up to 160 nets); (2) when fishing under a multispecies DAS, must mark
all gillnet gear with tags purchased from NMFS (two tags per roundfish
gillnet and one tag per flatfish gillnet); and (3) during each fishing
year, must declare and take a total of 120 days out of the multispecies
gillnet fishery (each period of time declared and taken must be at
least 7-consecutive days and at least 21 days of this time must be
taken between June 1 and September 30 of each fishing year). When
fishing with multispecies gillnet gear under the multispecies DAS
program, a vessel will accrue 15 hours DAS for each trip greater than 3
hours but less than or equal to 15 hours (a vessel will accrue actual
DAS time at sea for trips less than or equal to 3 hours or greater than
15 hours).
This action modifies and adds several exempted fisheries. Based on
public comment and other available information, the Regional
Administrator has determined that these modifications and additions to
the current exemption programs are consistent with the 5-percent
regulated species bycatch limit and will not jeopardize the fishing
mortality objectives of the FMP. The first is a dredge fishery for
mussels and sea urchins in the current Nantucket Shoals dogfish fishery
exemption area and in the SNE Regulated Mesh Area as described under
Secs. 648.80 (a)(11) and
[[Page 15383]]
(b)(8), respectively. Vessels fishing with dredge gear for mussels and
sea urchins under this exemption may not fish with dredge gear greater
than 8 ft (2.44 m) in width.
Another exemption contained in the framework allows unlimited
amounts of skate to be retained in the current SNE monkfish trawl
exempted fishery south of 40 deg.10' N. lat. as described under
Sec. 648.80(b)(5).
Also, this rule prohibits the possession of monkfish in the Small
Mesh Northern Shrimp Fishery Exemption and modifies the allowable limit
of silver hake (whiting) from two totes to an amount equal to the
weight of shrimp on board as described under Sec. 648.80(a)(3)(i).
Finally, this action implements on a permanent basis three
exemptions that were previously allowed by the Regional Administrator
on a temporary basis and that have since expired. First, the rule
implements an exempted fishery for vessels fishing for monkfish and
dogfish with gillnet gear in a portion of the GOM/GB Regulated Mesh
Area as described Secs. 648.80(a)(12) and (a)(13), respectively. When
fishing for monkfish under this exemption, vessels are subject to a
minimum mesh size of 10-inch (25.4-cm) diamond mesh throughout the net,
and a fishing season of July 1 through September 14. When fishing for
dogfish under this exemption, vessels are subject to a minimum mesh
size of 6.5-inch (16.5-cm) diamond mesh throughout the net, and a
fishing season of July 1 through August 31.
Second, the rule implements a year-round exempted fishery for
vessels fishing for monkfish and skate (skate being added to the
previous temporary action) with gillnet gear in a portion of the SNE
Regulated Mesh Area as described under Sec. 648.80(b)(6). Vessels
fishing for monkfish and skate under this exemption are subject to a
minimum mesh size of 10-inch (25.4-cm) diamond mesh throughout the net.
Third, the rule implements an exempted fishery for vessels fishing
for dogfish with gillnet gear in a portion of the SNE Regulated Mesh
Area as described under Sec. 648.80(b)(7). When fishing for dogfish
under this exemption, vessels are subject to a minimum mesh size of 6-
inch (15.24-cm) diamond mesh throughout the net, and a fishing season
of May 1 through October 31.
To clarify how DAS are actually recorded when a vessel is fishing
under a scallop or multispecies DAS, this rule modifies the way that
time is accrued by counting DAS to the nearest minute rather than to
the nearest hour as described under Sec. 648.53(e).
Disapproved Measure
A measure that would have provided an alternative method for
tagging gillnets is disapproved. The alternative would have allowed
roundfish gillnet tags to be fastened at different intervals, i.e., at
every other bridle as proposed for flatfish gillnets, rather than
fastened to each bridle as proposed for all other roundfish gillnets.
This measure is disapproved because it would unnecessarily complicate
enforcement of the gillnet tagging program.
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 opinions at
numerous meetings beginning in April 1996. The following list indicates
the meetings at which this action, or parts of this action were on the
agenda, discussed, and public comment was heard. The Council formally
initiated the framework adjustment for parts of this action at its
November 1996 meeting, and for the combined action at its December
meeting. The final meeting at which public comments were heard was the
January 29-30, 1997, meeting.
------------------------------------------------------------------------
Date Meeting Location
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1996
February 27-28.............. Council............. Danvers, MA.
April 11.................... Groundfish.......... Peabody, MA.
Oversight (OS)......
April 17-18................. Council............. Danvers, MA.
June 5-6.................... Council............. Danvers, MA.
June 11..................... Groundfish OS....... Portland, ME.
July 9...................... Groundfish OS....... Peabody, MA.
July 17-18.................. Council............. Peabody, MA.
August 13................... Groundfish OS....... Peabody, MA.
August 21-22................ Council............. Danvers, MA.
August 27................... Groundfish OS....... Woods Hole, MA.
September 9................. Council............. Peabody, MA.
October 2-3................. Council............. Danvers, MA.
October 28.................. Groundfish OS....... Peabody, MA.
November 6-7................ Council............. Portland, ME.
November 20................. Groundfish OS....... Peabody, MA.
December 11-12.............. Council............. Peabody, MA.
December 17................. Groundfish OS....... Woods Hole, MA.
1997
January 7................... Groundfish OS....... Peabody, MA.
January 16.................. Council............. Danvers, MA.
January 29-30............... Council............. Danvers, MA.
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[[Page 15384]]
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 5 days prior to the Council's
final January 29-30, 1997, meeting, as is required under the framework
adjustment process. Also, written comments were accepted up to and
during the January 29-30, 1997, meeting.
Comments and Responses
Comment 1: Approximately 75 letters, as well as numerous e-mails
and telephone calls, were received from members of conservation
organizations urging that measures necessary to achieve the plan
objectives in fishing year 1997 be developed and implemented.
Response: It is anticipated that Framework 20 will achieve the plan
objectives in fishing year 1997, taking into consideration the combined
effect of all regulations, events and circumstances that contribute to
fishing mortality. The framework adjustment process allows the Council
the ability to continually monitor the progress of the plan and make
adjustments as necessary to keep the plan moving in the direction of
its stock-rebuilding goals.
Comment 2: Numerous comments from members of the fishing industry
were received asserting that additional DAS reductions would be
economically disastrous. Commenters indicated that since plan
objectives were being met for some stocks, measures should be
implemented specific to those stocks still in need of additional
protection.
Response: DAS is not being reduced further than what was already
scheduled for fishing year 1997. Framework 20 adopts a trip limit for
GOM cod to specifically reduce exploitation rates on that stock, which
remain near the all-time high. It is anticipated that exploitation
rates on the other four critical stocks will be below FMP limits, based
on already scheduled DAS reductions and other factors that contribute
to reducing fishing effort, such as the haddock trip limit
restrictions, and additional gillnet gear restrictions.
Comment 3: A number of inshore, small-boat fishers objected to the
Council's consideration of area closures to protect GOM cod. They
argued that the closures were unfair, because small boats do not have
the option of fishing offshore when their grounds are closed, while
larger boats are able to fish elsewhere. They also stated that effort
displaced by the closures would concentrate inshore effort, severely
damaging inshore fisheries and increasing gear conflicts.
Response: The Council rejected area closure alternatives and
instead adopted a trip limit for GOM cod that applies in the same
manner to all vessels. The trip limit proposal is also designed to
accommodate offshore trips by increasing the allowance on trips of five
or more days. The Coast Guard indicated to the Council that it would
have difficulty enforcing another large area closure with current
enforcement resources.
Comment 4: A number of industry members from Cape Cod, Gloucester,
and New Bedford objected to the Council's consideration of an extension
of Area I to offset an increase in the haddock landing limit. They
argued that the closure would eliminate a flatfish ground important to
them, while they would not benefit from the increased haddock, since
they do not fish for haddock.
Response: The Council rejected the Area I closure extension, and
instead, developed a daily haddock landing limit, off-setting it with a
reduction in the target haddock TAC (1,150 mt), at which time the 1,000
lb (453.6 kg) would be reinstated.
Comment 5: Two letters were received from fishers as well as
several verbal comments opposing trip limits on the basis that they
would result in discards or illegal landings. These commenters also
objected to the Council's decision to include trip limits at its
January 16th meeting because they felt the public had inadequate
notice.
Response: The cod trip limit was designed to allow vessels to land
cod in excess of the daily limit, avoiding discards. The measure also
counts the landings against the DAS allocation at the trip limit rate,
to meet the conservation goals. The haddock trip limit is not expected
to create a discard problem because most trips currently do not catch
the limit. Further, it will alleviate a discard problem that
occasionally exists on offshore trips that encounter a concentration of
haddock while fishing for other species. Increasing the haddock landing
limit will allow a vessel to land more haddock than under current
rules, while not creating an incentive to direct effort on haddock.
NMFS recognizes that there may be potential enforcement problems in
insuring adherence to the trip limits on cod and haddock. The Council
has acknowledged this and is committed to reviewing the efficiency of
these measures in the near future to determine whether adjustments
should be made.
Regarding adequacy of public notice, the draft framework document
containing the description of measures and analysis, including the trip
limits was available for public comment one week prior to the final
framework meeting on January 29-30, 1997.
Comment 6: An offshore gillnet fisher stated that the Council's
trip limit proposals would force offshore boats to fish inshore. He
proposed a system that would require a vessel to declare into either an
inshore or offshore gillnet category.
Response: To address the need to reduce fishing mortality on GOM
cod, this rule implements a trip limit for vessels fishing in the GOM,
i.e., north of 42 deg.00' N. lat. and provides an exemption for vessels
fishing for cod south of this line. The Council did not adopt the
alternative suggested by the commenter because it was not provided to
the Council early enough to be analyzed and discussed in the framework
document.
Comment 7: Council members and the public raised concerns about how
the per-day limit on cod would be implemented.
Response: These concerns were noted by the Council and NMFS at the
last Council meeting, January 29-30, 1997, before submission of
Framework 20 to NMFS. Council members, Council staff, and NMFS
communicated to ensure that Council intent as expressed at Council
meetings was reflected in regulatory measures.
Adherence to Framework Procedure Requirements
The Council considered public comment prior to making its
recommendation to the Regional Administrator under the provisions for
abbreviated rulemaking in this FMP. The Council requested publication
of these management measures as a final rule after considering the
required factors stipulated under the framework measures in the FMP, 50
CFR 648.90, and has provided supporting analyses for each factor
considered.
At the final Council meeting on this framework action, there were
conflicting interpretations of how the cod trip limit would be
implemented. For example, the procedure for how the cod trip limit
would be administered for vessels that land cod based on ``part of a
day'' fishing and the procedure for dealing with landings of trips that
exceed the cod trip limit were not explicitly resolved. Thus NMFS is
publishing this action as an interim final rule to provide the public
an additional opportunity to comment on this action, particularly how
the cod trip limit will be implemented. Comments on this rule are
invited and must be received
[[Page 15385]]
through May 1, 1997. The Regional Administrator will review all
comments received and, if the comments warrant, will take further
action when promulgating a final rule.
Classification
The Assistant Administrator for Fisheries, NOAA (AA) 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. However, as discussed
above, NMFS is requesting comments prior to finalizing this rule.
Because a general notice of proposed rulemaking is not required to
be published for this rule by 5 U.S.C. 553 or by any other law, this
rule is exempt from the requirement to prepare an initial or final
regulatory flexibility analysis under the Regulatory Flexibility Act.
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; and to incorporate several
other Council actions that would otherwise have been submitted as
separate frameworks. These actions as well as the seasonal increase in
the haddock trip limit for 1997 mitigate some impacts of Amendment 7 by
establishing exemptions from certain provisions, while not compromising
reduction of effort objectives for regulated species in the Northeast
multispecies fishery.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid OMB control number.
This rule contains seven new collections of information
requirements. The collection of this information was submitted to OMB
for emergency processing, as announced in a notice that was published
in the Federal Register on March 12, 1997 (62 FR 11415). The
collection-of-information requirements have been approved under OMB
control number 0648-0202 and the estimated response times are as
follows:
1. Declaration into the Trip or Day Gillnet vessel category and
request for initial gillnet tags will require written declaration (5
minutes/response).
2. Request for additional tags will require written declaration (2
minutes/response).
3. Notification of lost tags and request for replacement tags will
require written response (2 minutes/response).
4. Attachment of tags to gillnet gear will require additional
burden (1 minute/response).
5. Declaration of 120 days out of the gillnet fishery in minimum
blocks of 7 days will require vessel notification (3 minutes/response).
6. Reporting of cod catch on board or off-loaded for vessels
fishing north of 42 deg.00' N. lat. will require vessel notification (3
minutes/response).
7. Declaration that a vessel will fish south of 42 deg.00' N. lat.
while fishing under a NE multispecies DAS will require vessel
notification (2 minutes/per response).
This rule also restates preexisting information requirements that
had been approved by OMB under the PRA and that are needed for the
implementation of Framework Adjustment 20. These preexisting
information requirements were approved under OMB control number 0648-
0202. Their estimated response times are as follows:
1. Requirement to provide a vendor installation receipt with a
permit application if the applicant opts to use a VTS (2 minutes/
response).
2. Call-in requirement for vessels under a DAS upon return to port
(2 minutes/response).
3. Call-in requirement for vessels subject to the spawning season
restriction (2 minutes/response).
The estimated response time includes the time needed for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection-of-information. Public comment is sought regarding: Whether
this collection of information is necessary for the proper performance
of the functions of the agency, including whether the information has
practical utility; the accuracy of the burden estimate; ways to enhance
the quality, utility, and clarity of the information to be collected;
and ways to minimize the burden of the collection of information,
including through the use of automated collection techniques or other
forms of information technology. Send comments regarding any of these
burden estimates or any other aspect of the collection-of-information
to NMFS and OMB (see ADDRESSES).
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 26, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 15 CFR Chapter IX and 50
CFR Chapter VI are amended as follows:
15 CFR CHAPTER IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b), the table is amended by adding in
the left column under 50 CFR, the entry ``648.86'', and in the right
column, in the corresponding position, the control number ``-0202''.
50 CFR, CHAPTER VI
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
3. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 648.2, the definition for ``Day(s)-at-Sea (DAS)'' is
revised, and the definitions for ``Flatfish gillnets'' and ``Roundfish
gillnets'' are added, in alphabetical order, to read as follows:
Sec. 648.2 Definitions.
* * * * *
Day(s)-at-Sea (DAS), with respect to the NE multispecies and
scallop fisheries, except as described in Sec. 648.82(j)(1)(iv), means
the 24-hour periods of time during which a fishing vessel is absent
from port in which the vessel intends to fish for, possess or land, or
fishes for, possesses, or lands regulated species or scallops.
* * * * *
Flatfish gillnets means gillnets that are either constructed with
no floats on the float line, or that are constructed with floats on the
float line and that have tie-down twine between the float line and the
lead line not more than 48
[[Page 15386]]
inches (18.90 cm) in length and spaced not more than 15 feet (4.57 m)
apart.
* * * * *
Roundfish gillnets means gillnets that are constructed with floats
on the float line and that have no tie-down twine between the float
line and the lead line.
* * * * *
5. In Sec. 648.4, paragraph (c)(2)(iii) is revised to read as
follows:
Sec. 648.4 Vessel permits.
* * * * *
(c) * * *
(2) * * *
(iii) An application for a limited access multispecies permit must
also contain the following information:
(A) If applying for a limited access multispecies Combination
Vessel permit or Individual DAS category permit, or if opting to use a
VTS, a copy of the vendor installation receipt from a NMFS-approved VTS
vendor as described in Sec. 648.9.
(B) For vessels fishing for NE multispecies with gillnet gear, with
the exception of vessels under the Small Vessel permit category, an
annual declaration as either a Day or Trip gillnet vessel designation
as described in Sec. 648.80(j). Vessel owners electing a Day gillnet
designation must indicate the number of gillnet tags that they are
requesting and must include a check for the cost of the tags. A permit
holder letter will be sent to all eligible gillnet vessels informing
them of the costs associated with this tagging requirement and
directions for obtaining tags. Once a vessel owner has elected this
designation, he/she may not change the designation or fish under the
other gillnet category for the remainder of the fishing year.
Incomplete applications, as described in paragraph (e) of this section,
will be considered incomplete for the purpose of obtaining
authorization to fish in the NE multispecies gillnet fishery and will
be processed without a gillnet authorization.
* * * * *
6. In Sec. 648.10, paragraphs (c)(3) and (f) are revised to read as
follows:
Sec. 648.10 DAS Notification Requirements.
* * * * *
(c) * * *
(3) At the end of a vessel's trip, upon its return to port, the
vessel owner or owner's representative must call the Regional
Administrator and notify him/her that the trip has ended by providing
the following information: Owner and caller name and phone number,
vessel name, port of landing and permit number, and that the vessel has
ended a trip. A DAS ends when the call has been received and
confirmation has been given by the Regional Administrator.
* * * * *
(f) Additional NE multispecies call-in requirements.--(1) Spawning
season call-in. With the exception of vessels issued a valid Small
Vessel category permit, vessels subject to the spawning season
restriction described in Sec. 648.82 must notify the Regional
Administrator of the commencement date of their 20-day period out of
the NE multispecies fishery through either the VTS system or by calling
and providing the following information: Vessel name and permit number,
owner and caller name and phone number and the commencement date of the
20-day period.
(2) Gillnet call-in. Vessels subject to the gillnet restriction
described in Sec. 648.82(j)(1)(iii) must notify the Regional
Administrator of the commencement date of their time out of the NE
multispecies gillnet fishery using the procedure described in paragraph
(f)(1) of this section.
7. In Sec. 648.14, paragraphs (a)(43), (b), (c)(1), and (c)(7) are
revised, and paragraphs (c) (11) through (19) are added to read as
follows:
Sec. 648.14 Prohibitions.
(a) * * *
(43) Violate any of the provisions of Sec. 648.80(a)(4), the
Cultivator Shoals whiting fishery exemption area; (a)(5), the
Stellwagen Bank/Jefferys Ledge (SB/JL) juvenile protection 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; or (b)(8), the SNE mussel and sea urchin dredge exemption. A
violation of any of these paragraphs is a separate violation.
* * * * *
(b) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it
is unlawful for any person owning or operating a vessel holding a
multispecies permit, issued an operator's permit, or issued a letter
under Sec. 648.4(a)(1)(i)(H)(3), to land, or possess on board a vessel,
more than the possession or landing limits specified in Sec. 648.86(a)
and (c), or to violate any of the other provisions of Sec. 648.86.
(c) * * *
(1) Fish for, possess at any time during a trip, or land per trip
more than the possession limit of regulated species specified in
Sec. 648.86(d) after using up the vessel's annual DAS allocation or
when not participating in the DAS program pursuant to Sec. 648.82,
unless otherwise exempted under Sec. 648.82(b)(3) or Sec. 648.89.
* * * * *
(7) Possess or land per trip more than the possession or landing
limits specified under Sec. 648.86 (a) or (c), and Sec. 648.82(b)(3),
if the vessel has been issued a limited access multispecies permit.
* * * * *
(11) If the vessel has been issued a limited access multispecies
permit and fishes under a multispecies DAS, fail to comply with gillnet
requirements and restrictions specified in Sec. 648.82(j).
(12) If the vessel has been issued a Day gillnet category
designation, fail to comply with the restrictions and requirements
specified in Sec. 648.82(j)(1).
(13) If the vessel has been issued a Day gillnet category
designation, fail to remove gillnet gear from the water as described in
Sec. 648.82(g) and Sec. 648.82(j)(1)(iv).
(14) Fail to produce or, cause to be produced, gillnet tags when
requested by an authorized officer.
(15) Produce, or cause to be produced, gillnet tags required under
Sec. 648.82(j)(1) without the written confirmation from the Regional
Administrator described in Sec. 648.82(j)(1)(ii).
(16) Tag a gillnet or use a gillnet tag that has been reported
lost, missing, destroyed, or issued to another vessel.
(17) Sell, transfer, or give away gillnet tags that have been
reported lost, missing, destroyed, or issued to another vessel.
(18) If the vessel has been issued a Trip gillnet category
designation, fail to comply with the restrictions and requirements
specified in Sec. 648.82(j)(2).
(19) Fail to comply with the exemption specifications as described
in Sec. 648.86(c)(2).
* * * * *
8. In Sec. 648.53, paragraph (e) is revised to read as follows:
Sec. 648.53 DAS allocations.
* * * * *
(e) Accrual of DAS. DAS shall accrue to the nearest minute.
* * * * *
9. In Sec. 648.80, paragraphs (a)(2)(iii), (a)(3)(i), (b)(2)(iii),
and (b)(5) are revised, and paragraphs (a)(11), (a)(12), (a)(13) and
(b)(6) through (b)(8) are added to read as follows:
[[Page 15387]]
Sec. 648.80 Regulated mesh areas and restrictions on gear and methods
of fishing.
* * * * *
(a) * * *
(2) * * *
(iii) Other restrictions and exemptions. Vessels are prohibited
from fishing in the GOM/GB Regulated Mesh Area except if fishing with
exempted gear (as defined under this part) or under the exemptions
specified in paragraphs (a)(3), (a)(4), (a)(6), (a)(8) through (a)(13),
(d), (e), (h), and (i) of this section, if fishing under a NE
multispecies DAS, if fishing under the scallop state waters exemptions
specified in Sec. 648.54 and (a)(10) of this section, or if fishing
pursuant to a NE multispecies open access Charter/Party or Handgear
permit. Any gear on a vessel, or used by a vessel, in this area must be
authorized under one of these exemptions or must be stowed as specified
in Sec. 648.81(e).
(3) * * *
(i) Restrictions on fishing for, possessing, or landing fish other
than shrimp. A vessel fishing in the northern shrimp fishery described
in this section under this exemption may not fish for, possess on
board, or land any species of fish other than shrimp, except for the
following, with the restrictions noted, as allowable bycatch species:
Longhorn sculpin; silver hake--up to an amount equal to the total
weight of shrimp landed; and American lobster--up to 10 percent, by
weight, of all other species on board, or 200 lobsters (whichever is
less).
* * * * *
(11) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area.
A vessel may fish with a dredge in the Nantucket Shoals Mussel and Sea
Urchin Dredge Exemption Area, provided that any dredge on board the
vessel does not exceed 8 feet (2.44 m) in width, and the vessel does
not fish for, harvest, possess, or land any species of fish other than
mussels and sea urchins. The area coordinates of the Nantucket Shoals
Mussel and Sea Urchin Dredge Exemption Area are the same coordinates as
those of the Nantucket Shoals Dogfish Fishery Exemption Area specified
under paragraph (a)(9) of this section.
(12) GOM/GB Monkfish Gillnet Exemption. 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.
(i) Requirements. (A) A vessel fishing under this exemption may not
fish for, possess on board, or land any species of fish other than
monkfish, or lobsters in an amount not to exceed 10 percent by weight
of the total catch on board, or 200 lobsters (whichever is less).
(B) All gillnets must have a minimum mesh size of 10 inches (25.4
cm) diamond mesh throughout the net.
(C) Fishing is confined to July 1 through September 14.
(13) GOM/GB Dogfish Gillnet Exemption. 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 Area are specified in paragraph (a)(11) of this section.
(i) Requirements. (A) A vessel fishing under this exemption may not
fish for, possess on board, or land any species of fish other than
dogfish, or lobsters in an amount not to exceed 10 percent by weight of
the total catch on board, or 200 lobsters (whichever is less).
(B) All gillnets must have a minimum mesh size of 6.5 inches (16.5
cm) diamond mesh throughout the net.
(C) Fishing is confined to July 1 through August 31.
(b) * * *
(2) * * *
(iii) Other restrictions and exemptions. Vessels are prohibited
from fishing in the SNE Regulated Mesh Area except if fishing with
exempted gear (as defined under this part) or under the exemptions
specified in paragraphs (b)(3), (b)(5) through (8), (c), (e), (h), and
(i) of this section, if fishing under a NE multispecies DAS, if fishing
under the scallop state waters exemption specified in Sec. 648.54, or
if fishing pursuant to a NE multispecies open access Charter/Party or
Handgear permit. Any gear on a vessel, or used by a vessel, in this
area must be authorized under one of these exemptions or must be stowed
as specified in Sec. 648.81(e).
* * * * *
(5) SNE Monkfish and Skate Trawl Exemption Area. A vessel may fish
with trawl gear in the SNE Monkfish and Skate Trawl Fishery Exemption
Area when not operating under a NE multispecies DAS if the vessel
complies with the requirements specified in paragraph (b)(5)(i) of this
section. The SNE Monkfish and Skate Trawl Fishery Exemption Area is
defined as the area bounded on the north by a line extending eastward
along 40 deg.10' N. lat., and bounded on the west by the eastern
boundary of the Mid-Atlantic Regulated Mesh Area.
(i) Requirements. (A) A vessel fishing under this exemption may
only fish for, possess on board, or land monkfish, skates, and the
bycatch species and amounts specified in paragraph (b)(3) of this
section.
(B) All trawl nets must have a minimum mesh size of 8-inches (20.3-
cm) square or diamond mesh throughout the codend for at least 45
continuous meshes forward of the terminus of the net.
(6) SNE Monkfish and Skate Gillnet Exemption Area. A vessel may
fish with gillnet gear in the SNE Monkfish and Skate Gillnet Fishery
Exemption Area when not operating under a NE multispecies DAS if the
vessel complies with the requirements specified in paragraph (b)(6)(i)
of this section. The SNE Monkfish and Skate Gillnet Fishery Exemption
Area is defined by a line running from the Massachusetts shoreline at
41 deg.35' N. lat. and 70 deg.00' W. long. south to its intersection
with the outer boundary of the EEZ, southwesterly along the outer
boundary of the EEZ, and bounded on the west by the eastern boundary of
the Mid-Atlantic Regulated Mesh Area.
(i) Requirements. (A) A vessel fishing under this exemption may
only fish for, possess on board, or land monkfish, skates, and the
bycatch species and amounts specified in paragraph (b)(3) of this
section.
(B) All gillnets must have a minimum mesh size of 10 inch (25.4 cm)
diamond mesh throughout the net.
(C) All nets with a mesh size smaller than the minimum mesh size
specified in paragraph (b)(6)(i)(B) of this section must be stowed as
specified in Sec. 648.81(e)(4).
(7) SNE Dogfish Gillnet Exemption Area. A gillnet vessel may fish
in the SNE Dogfish Gillnet Fishery Exemption Area when not operating
under a NE multispecies DAS if the vessel complies with the
requirements specified in paragraph (b)(7)(i) of this section. The SNE
Dogfish Gillnet Fishery Exemption Area is defined by a line running
from the Massachusetts shoreline at 41 deg.35' N. lat. and 70 deg.00'
W. long. south to its intersection with the outer boundary of
[[Page 15388]]
the EEZ, southwesterly along the outer boundary of the EEZ, and bounded
on the west by the eastern boundary of the Mid-Atlantic Regulated Mesh
Area.
(i) Requirements. (A) A vessel fishing under this exemption may
only fish for, possess on board, or land dogfish and the bycatch
species and amounts specified in paragraph (b)(3) of this section.
(B) All gillnets must have a minimum mesh size of 6-inches (15.24-
cm) diamond mesh throughout the net.
(C) Fishing is confined to May 1 through October 31.
(8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish
with a dredge in the SNE Regulated Mesh Area, provided that any dredge
on board the vessel does not exceed 8 feet (2.44 m) in width, and the
vessel does not fish for, harvest, possess, or land any species of fish
other than mussels and sea urchins.
* * * * *
10. In Sec. 648.81, in paragraph (e) the introductory text is
removed as follows:
Sec. 648.81 Closed Areas.
* * * * *
(e) Gear stowage requirements.
* * * * *
11. In Sec. 648.82, paragraph (g) is revised and paragraph (j) is
added to read as follows:
Sec. 648.82 Effort-control program for limited access vessels.
* * * * *
(g) Spawning season restrictions. A vessel issued a valid Small
Vessel permit under paragraph (b)(3) of this section may not fish for,
possess, or land regulated species from March 1 through March 20 of
each year. Any other vessel issued a limited access multispecies permit
must declare out and be out of the regulated NE multispecies fishery
for a 20-day period between March 1 and May 31 of each calendar year
using the notification requirements specified in Sec. 648.10. A vessel
fishing under a Day gillnet category designation is prohibited from
fishing with non-exempted gillnet gear during its declared 20-day
spawning block, unless the vessel is fishing in an exempted fishery as
described in Sec. 648.80. If a vessel owner has not declared and been
out for a 20-day period between March 1 and May 31 of each calendar
year on or before May 12 of each year, the vessel is prohibited from
fishing for, possessing or landing any regulated species during the
period May 12 through May 31, inclusive. If a vessel has taken a
spawning season 20-day block out of the NE multispecies fishery during
May 1996, it is not required to take a 20-day block out of the NE
multispecies fishery in 1997. Beginning January 1, 1998, any such
vessel must comply with the spawning season restriction specified in
this part.
* * * * *
(j) Gillnet restrictions. Vessels issued a limited access NE
multispecies permit fishing under a multispecies DAS with gillnet gear
must obtain an annual designation as either a Day gillnet or Trip
gillnet vessel as described in Sec. 648.4(c)(2)(iii)(B).
(1) Day gillnet vessels. A Day gillnet vessel fishing with gillnet
gear under a multispecies DAS is not required to remove gillnet gear
from the water upon returning to the dock and calling-out of the DAS
program, provided:
(i) Number and size of nets. Vessels may not fish with, haul,
possess, or deploy more than 80 roundfish gillnets or 160 flatfish
gillnets. Vessels may fish any combination of roundfish and flatfish
gillnets, up to 160 nets, provided that the number of roundfish and
flatfish gillnets does not exceed the limitations specified in this
subparagraph, and the nets are tagged in accordance with paragraph
(j)(1)(ii) of this section. Nets may not be longer than 300 ft (91.44
m), or 50 fathoms, in length.
(ii) Tagging requirements. Beginning June 1, 1997, all roundfish
gillnets fished, hauled, possessed, or deployed must have two tags per
net, with one tag secured to each bridle of every net within a string
of nets and all flatfish gillnets fished, hauled, possessed, or
deployed must have one tag per net, with one tag secured to every other
bridle of every net within a string of nets. Tags must be obtained as
described in Sec. 648.4(c)(2)(iii) and vessels must have on board
written confirmation issued by the Regional Administrator, indicating
that the vessel is a Day gillnet vessel. The vessel operator must
produce all net tags upon request by an authorized officer.
(iii) All gillnet gear is brought to port prior to the vessel
fishing in an exempted fishery.
(iv) Declaration of time out of the gillnet fishery. (A) During
each fishing year, vessels must declare, and take, a total of 120 days
out of the multispecies gillnet fishery. Each period of time declared
and taken must be a minimum of 7 consecutive days. At least 21 days of
this time must be taken between June 1 and September 30 of each fishing
year. The spawning season time out period required by Sec. 648.82(g)
will be credited toward the 120 days time out of the multispecies
gillnet fishery. If a vessel owner has not declared and taken, any or
all of the remaining periods of time required by the last possible date
to meet these requirements, the vessel is prohibited from fishing for,
possessing, or landing regulated multispecies harvested with gillnet
gear, or from having gillnet gear on board the vessel that is not
stowed in accordance with Sec. 648.81(e)(4), while fishing under a
multispecies DAS, from that date through the end of the period between
June 1 and September 30, or through the end of the fishing year, as
applicable.
(A) Vessels shall declare their periods of required time following
the notification procedures specified in Sec. 648.10(f)(2).
(B) During each period of time declared, a vessel is prohibited
from fishing with non-exempted gillnet gear. However, the vessel may
fish in an exempted fishery as described in Sec. 648.80, or it may fish
under a multispecies DAS provided it fishes with gear other than non-
exempted gillnet gear.
(v) Method of counting DAS. Day gillnet vessels fishing with
gillnet gear under a multispecies DAS will accrue 15 hours DAS for each
trip greater than 3 hours but less than or equal to 15 hours. Such
vessels will accrue actual DAS time at sea for trips less than or equal
to 3 hours or greater than 15 hours.
(vi) Lost tags. Vessel owners or operators are required to report
lost, destroyed, and missing tag numbers as soon as feasible after tags
have been discovered lost, destroyed or missing, by letter or fax to
the Regional Administrator.
(vii) Replacement tags. Vessel owners or operators seeking
replacement of lost, destroyed, or missing tags must request
replacement of tags by letter or fax to the Regional Administrator. A
check for the cost of the replacement tags must be received before tags
will be re-issued.
(2) Trip gillnet vessels. When fishing under a multispecies DAS, a
Trip gillnet vessel is required to remove all gillnet gear from the
water before calling-out of a multispecies DAS under Sec. 648.10(c)(3).
When not fishing under a multispecies DAS, Trip gillnet vessels may
fish in an exempted fishery with gillnet gear as authorized under the
exemptions described in Sec. 648.80. Vessels electing to fish under the
Trip gillnet designation must have on board written confirmation issued
by the Regional Administrator, that the vessel is a Trip gillnet
vessel.
12. In Sec. 648.86, paragraphs (a)(1) and (c) are revised and
paragraph (d) is added to read as follows:
[[Page 15389]]
Sec. 648.86 Possession and landing restrictions.
(a) Haddock--(1) NE multispecies DAS vessels. (i) Except as
provided in paragraph (a)(1)(ii) 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) Beginning September 1, 1997, and for the 1997 fishing year
only, a vessel may land up to 1,000 lb (453.6 kg) of haddock per day,
or any part of a day, up to 10,000 lb (4,536.0 kg) per trip. Once the
Regional Administrator projects that 1,150 mt will be harvested, NMFS
will publish a notice in the Federal Register that on a specific date
the possession limit will revert to 1,000 lb (453.6 kg) per trip. At
such time that the 1,000 lb (453.6 kg) per trip possession limit is
reinstated, vessels will be subject to the restrictions specified in
paragraph (a)(1)(i) of this section. 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.
* * * * *
(c) Cod. The following landing restrictions apply May 1, 1997,
through April 30, 1998:
(1) Landing limit north of 42 deg.00' North Latitude. (i) Except as
provided in paragraph (c)(2) of this section, a vessel fishing under a
NE multispecies DAS may land up to 1,000 lb (453.6 kg) of cod per day,
or any part of a day, for each of the first 4 days of a trip, and may
land up to 1,500 lb (680.4 kg) of cod per day for each day, or any part
of a day, in excess of 4 consecutive days. A day, for the purposes of
this paragraph, means a 24 hour period. Vessels calling-out of the
multispecies DAS program under Sec. 648.10(c)(3) that have utilized
``part of a day'' (less than 24 hours) may land up to an additional
1,000 lb (453.6 kg) of cod for that ``part of a day'', 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 day''
utilized (e.g., a vessel that has called-in to the multispecies DAS
program at 3 p.m. on a Monday and ends its trip the next day (Tuesday)
at 4 p.m. (accruing a total of 25 hours) may legally land up to 2,000
lb (907.2 kg) of cod on such a trip, but the vessel may not end any
subsequent trip with cod on board until after 3 p.m. on the following
day (Wednesday)). Cod on board a vessel subject to this landing limit
must be separated from other species of fish and stored so as to be
readily available for inspection.
(ii) A vessel subject to the cod landing limit restrictions
described in paragraph (c)(1)(i) of this section 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) until sufficient time has elapsed to
account for and justify the amount of cod harvested at the time of
offloading regardless if whether all of the cod on board is offloaded
(e.g., a vessel that has called-in to the multispecies DAS program at 3
p.m. on Monday may fish and come back into port at 4 p.m. on Wednesday
of that same week with 4,000 lb (1,814.4 kg) of cod, and offload some
or all of its catch, but cannot call out of the DAS program until 3:01
p.m. the next day, Thursday (i.e., 3 days plus one minute)); and
(B) Upon entering port, and before offloading, the vessel operator
notifies the Regional Administrator by calling 508-281-9278 and
provides the following information: Vessel name and permit number,
owner and caller name, phone number, and the hail weight of cod on
board and the amount of cod to be offloaded, if any. A vessel that has
not exceeded the landing limit and is offloading and ending its trip by
calling out of the multispecies DAS program does not have to report
under this call-in system.
(iii) A vessel that has not exceeded the cod landing limit
restrictions described in paragraph (c)(1)(i) and is offloading some or
all of its catch but not calling out of the multispecies DAS program
under Sec. 648.10(c)(3), is subject to the call-in requirement
described in paragraph (c)(1)(ii)(B) of this section.
(2) Exemption. A vessel fishing under a NE multispecies DAS is
exempt from the landing limit described in paragraph (c)(1) when
fishing south of 42 deg.00' N. lat., provided that it does not fish
north of this exemption area for a minimum of 30 consecutive days (when
fishing under the multispecies DAS program), and has on board an
authorization letter issued by the Regional Administrator. Vessels
exempt from the landing limit requirement may transit the GOM/GB
Regulated Mesh Area north of the 42 deg.00' N. lat., provided that
their gear is stowed in accordance with one of the provisions of
Sec. 648.81(e).
(d) Other possession restrictions. Vessels are subject to any other
applicable possession limit restrictions of this part.
[FR Doc. 97-8235 Filed 3-28-97; 8:45 am]
BILLING CODE 3510-22-P
