[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Rules and Regulations]
[Pages 19364-19381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9404]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 651
[Docket No. 950410096-5096-01; I.D. 032295C]
RIN 0648-AH66
Northeast Multispecies Fishery; Framework 9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement Framework Adjustment
9 to the Northeast Multispecies Fishery Management Plan (FMP). This
rule implements on a permanent basis several measures originally
imposed by a temporary emergency rule, with some modifications and
additions: A year-round closure of redefined Closed Area I, the
Nantucket Lightship Closed Area, and Closed Area II; a small mesh
prohibition (with exception criteria) and a prohibition on possession
of regulated species while fishing with small mesh; mesh restrictions
in the Gulf of Maine juvenile protection areas; an increase in the
minimum mesh size in southern New England; a prohibition on scallop
dredge vessels from retaining regulated species when they are not
fishing under the scallop days-at-sea (DAS) program, and a requirement
that the small mesh bycatch provisions apply; and a winter flounder
fishing exemption for vessels fishing with small mesh when in state
waters, under certain conditions. The intended effect of this rule is
to provide some continuing protective measures on groundfish stocks,
especially haddock, cod, and yellowtail flounder, while a more
comprehensive plan amendment is developed. Exemptions contained in this
action are designed to minimize economic impacts on fishermen without
compromising the effects of protective measures on groundfish.
EFFECTIVE DATES: April 13, 1995, except Sec. 651.20(i), which is
effective May 18, 1995, Secs. 651.20(a)(6)(iii)(B), 651.20(j)(1), and
651.21(c)(2)(iv)(A) which require approval by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act. When OMB approval
is received, the effective dates of those paragraphs will be announced
in the Federal Register.
ADDRESSES: Copies of Amendment 5 to the FMP, its regulatory impact
review (RIR) and the initial regulatory flexibility analysis contained
within the RIR, its final supplemental environmental impact statement,
and Framework Adjustment 9 (including the Environmental Assessment (EA)
supporting the December 12, 1994 emergency action) are available upon
request from Douglas G. Marshall, 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 Richard
Roberts, NOAA Information Resources Management Staff, OA1X1, Room 724,
6010 Executive Boulevard, Rockville, MD 20852, and to the Office of
Information and Regulatory Affairs (Attention: NOAA Desk Officer),
Office of Management and Budget, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy
Analyst, 508-281-9252.
SUPPLEMENTARY INFORMATION: Based on new scientific information, the
Northeast Regional Stock Assessment Workshop issued a ``Special
Advisory: Groundfish Status on Georges Bank,'' and delivered this
advisory, along with its 18th Stock Assessment report, to the New
England Fishery Management Council (Council) at its August 9-10, 1994,
meeting. Because of the collapsed condition of yellowtail flounder and
haddock stocks and the strong possibility of collapse of the cod stock,
the advisory expressed a need to immediately begin addressing this
crisis, stating that management measures contained in Amendment 5 are
not nearly sufficient to rebuild these stocks.
Council's response to this unprecedented advisory was to begin
immediately to develop Amendment 7, with the objective of reducing
fishing [[Page 19365]] mortality to as close to zero as practicable, to
rebuild the key stocks of concern. Options for this FMP amendment are
currently being developed to take to public hearing, and its completion
and implementation are expected, at the soonest, early next year.
Due to the length of time needed to complete the amendment process,
the Council recommended and NMFS approved, an emergency interim rule
(59 FR 63926) on December 12, 1994, to implement immediate protective
measures to reduce fishing effort on haddock, cod, and yellowtail
flounder, and other groundfish.
An emergency action amendment, published on January 13, 1995 (60 FR
3102), made several changes to the emergency rule, including: The
addition of several allowable bycatch species to the exempted species
list and a revision of the transiting provision for Closed Area I and
the Nantucket Lightship Closed Area for safety reasons, so that vessels
may transit during storm conditions, provided that the gear is properly
stowed.
In order to avoid a hiatus between the emergency action and
Amendment 7, the Council, at the strong urging of NMFS, initiated the
present framework adjustment, so that the rules promulgated under the
emergency action would remain in place until such time that Amendment 7
could be implemented. Failure to implement these measures permanently
through a framework adjustment before expiration of the emergency rule
action would increase the likelihood of further reductions in stock
abundance of various groundfish species.
Since Framework Adjustment 9 could not be implemented before the
expiration of the 90-day emergency action, the Council voted at its
February 15-16, 1995, meeting to recommend an extension of the
emergency action. This extension (60 FR 13078), effective March 13,
1995, through June 10, 1995, incorporated the emergency action and its
amendment, and further amended the emergency rule by allowing fishing
vessels to transit the closed areas, provided the operator has a
demonstrable safety reason and provided the vessel's fishing gear is
properly stowed.
Framework 9 implements with some modifications, the measures
imposed by the existing emergency interim rule as follows: A year-round
closure of a redefined (expanded) Closed Area I, the Nantucket
Lightship Closed Area, and Closed Area II; a disallowance of any
fishery utilizing mesh smaller than the minimum mesh size allowed for
regulated species, with the exception of fisheries that have been
determined to have a catch of less than 5 percent by weight of
regulated species; a prohibition on the possession of regulated species
while fishing with small mesh; a requirement that all mobile gear
vessels fishing in the Stellwagen Bank and Jeffreys Ledge areas, with
the exception of mid-water trawl vessels, use a minimum 6-inch (15.24
cm) square mesh codend; and an increase in the minimum mesh size in the
Southern New England and Nantucket Lightship Regulated Mesh Areas to 6-
inch (15.24 cm) diamond or square mesh.
During the comment period required over two Council meetings in the
development of Framework Adjustment 9, several modifications and
additions to the emergency action were made with the intent to mitigate
some of the economic impacts imposed by the emergency, without
compromising its ability to protect the principal groundfish stocks.
Framework 9 implements an exemption to the Nantucket Lightship
Closed Area for recreational and party/charter vessels. Under this
exemption, party/charter vessels are required to obtain and have on
board an authorization letter from the Director, Northeast Region, NMFS
(Regional Director). Recreational and party/charter vessels are
prohibited from selling any fish that are caught (regardless of where
they are caught), and are prohibited from possessing any gear except
rod and reel or hand gear on board the vessel. NMFS' database does not
include catch information, by area, for the recreational sector, but
industry comments indicate that the recreational target species in this
area is primarily white hake, with pollock and cod being caught to a
lesser extent. Fishing is likely to be limited to only the larger
charter vessels, because of this area's distance from shore. The
exemption with its restriction on sale and gear should have a minimal
impact on the depleted stocks, but is expected to mitigate the economic
burden on this sector of the industry, according to public and Council
member testimony. The other closed areas remain closed all to
recreational fishing.
This framework allows vessels using pelagic hook gear (both
recreational and commercial) and pelagic harpoon gear to fish in the
closed areas, provided there is no retention of regulated species.
Since pelagic hook gear lands virtually no multispecies, and harpoon
gear is incapable of catching groundfish, these fisheries will have no
impact on the stocks of concern. An explanation of both pelagic
longline gear and harpoon gear is included under the definitions
section.
Under this framework action, the hagfish pot fishery is also
allowed to occur in the closed areas. Based on anecdotal information
and because of the design of the gear, this relatively small fishery
takes almost no regulated species and consequently has no impact on the
resource the framework measures seek to protect.
The Northeast Fisheries Science Center (NEFSC) has commented that
the year-round area closures will have a beneficial conservation
effect, although they are insufficient to ensure stock recovery.
Although both U.S. Coast Guard (USCG) and NMFS Enforcement
(Enforcement) have expressed concern that allowing any additional
vessels fishing access to the closed areas would compromise the ability
to enforce such closures, the Council recommended and NMFS has approved
these exceptions because they relieve an economic burden on the fishing
industry, have relatively little or no impact on the groundfish stocks,
and in some cases will help mitigate gear conflicts outside of the
closed areas. In addition, the exempted gears are readily
distinguishable from other gear types.
This framework adjustment also allows vessels to transit freely
Closed Area I and the Nantucket Lightship Closed Area, provided that
the gear is not available for immediate use and is properly stowed.
Again, USCG and Enforcement have indicated that this measure would
affect enforcement operations. However, the Council recommended and
NMFS concurred that the benefit of allowing free and open transit
outweighs this concern, because the economic burden of requiring
vessels to steam around these large areas is significant for many such
vessels, both in terms of lost time and fuel costs. The USCG and NMFS
have both issued toll-free telephone numbers to be used by the fishing
industry in reporting violations to the rules and regulations. Fishers
have indicated that they want be more involved in reporting violators,
since they are becoming increasingly aware that any infringement on the
regulations will only hurt them in the long run through the need for
additional restrictions on the entire fleet.
Vessels are also allowed to transit the Gulf of Maine/Georges Bank
regulated mesh area with small-mesh nets and small-mesh species on
board, provided that the vessel has on board an authorization letter
from the Regional Director, does not fish or possess regulated species,
and does not fish for [[Page 19366]] other prohibited species in the
non-exempt areas. This provision is added to this final rule because
under the emergency action vessels were allowed to transit the Small-
Mesh Exemption Area and fish outside of that area, provided that when
they were transiting this area their small mesh nets were stowed and
they did not have fish on board. However, due to this restriction, the
vessels with home ports in this area, which runs from Maine to
Massachusetts, were not allowed to transit back to their home port to
offload. The transiting provision will remove this restriction while
not affecting the conservation objective of the small-mesh prohibition.
Framework Adjustment 9 also expands the allowable bycatch species
that may be retained when fishing under the small-mesh exempted species
program. This framework adjustment allows retention of two standard
totes of silver hake in the northern shrimp fishery, as well as the
retention of limited amounts of monkfish and lobster in all of the
exempted small-mesh fisheries. For monkfish, a vessel is restricted to
10 percent of the total weight of other fish possessed on board. For
lobster, a vessel is allowed 10 percent of the total weight of other
fish on board or 200 lobsters, whichever is less. While these species
are not exempted directed fisheries under the small-mesh program in
their particular areas, the caps placed on each of them represent a
legitimate bycatch in the exempted fisheries and because the caps are
low enough they do not provide an incentive to direct on these species.
This adjustment will reduce discards and provide additional revenue to
the industry.
This framework adjustment also imposes restrictions on vessels
fishing with scallop dredge gear when they are not fishing under the
scallop DAS program and on vessels fishing with scallop dredge gear
with general scallop permits. Under this rule, these vessels are
prohibited from retaining regulated species and are subject to the same
bycatch restrictions applicable to the small-mesh fisheries, except
that a vessel may possess up to 400 lb (181.44 kg) of shucked scallops
as specified under 50 CFR Part 650, Atlantic Sea Scallop Fishery.
Because scallop dredge vessels have increased their efforts on other
species, including monkfish, lobster and yellowtail flounder, when not
fishing for scallops, the harvesting and discarding of groundfish is
uncontrolled and potentially significant. The Council believes, and
NMFS concurs, that without any limitations on this practice, it will
escalate as scallop DAS are further reduced. Vessels operating under
the state waters scallop fishery, as described under the Atlantic Sea
Scallop FMP, are exempt from this requirement.
The Regional Director has determined that the Cultivator Shoal
whiting fishery also meets the small-mesh exemption requirement and,
therefore, is allowed under this framework adjustment, subject to the
same restrictions as other small-mesh fisheries. In addition to
whiting, vessels fishing under this exemption may retain, as allowable
bycatch species, longhorn sculpin, and the bycatch provisions specified
for monkfish and lobsters.
Finally, Framework Adjustment 9 exempts vessels that hold a Federal
multispecies permit from the Federal mesh requirements when fishing on
winter flounder in state waters, provided the following conditions are
met: The vessel has on board a certificate issued by a state agency
authorizing the vessel's participation in that state's winter flounder
fishing program and is in compliance with the applicable state laws
pertaining to minimum mesh size for winter flounder; the vessel is
fishing exclusively in the waters of the state from which the exemption
certificate was obtained; the applicable state's winter flounder plan
has been approved by the Atlantic States Marine Fisheries Commission
(ASMFC) as being in compliance with the ASMFC Winter Flounder Fishery
Management Plan; the state elects, by a letter to the Regional
Director, to participate in the exemption program described in this
section; fishing vessels issued a limited access permit that are
fishing under the DAS program or under the small boat or sink gillnet
DAS exemption program specified under Sec. 651.22(d), do not fish for,
possess or land regulated species, exclusive of winter flounder; the
vessel does not enter or transit the EEZ; and the vessel does not enter
or transit the waters of another state unless such other state is
participating in the exemption program and the vessel is enrolled in
that state's program.
Vessels fishing under the state waters winter flounder exemption
program with a possession-limit-only permit, or vessels subject to the
effort control programs and declared out of the multispecies fishery,
or who are not fishing under the DAS program, may possess up to the
possession limit of winter flounder, provided the vessel does not fish
for regulated species, exclusive of winter flounder. Vessels using hook
gear and fishing under the hook-gear-only categories would continue to
be exempt from any possession limit on regulated species.
The ASMFC approved a fishery management plan for inshore stocks of
winter flounder in May, 1992. The plan's fishing mortality objectives,
a maximum spawning potential (MSP) target of 30 percent by January 1,
1995, and a MSP target of 40 percent by January, 1999, are more
restrictive than the FMP for federally managed stocks (20 percent MSP).
The ASMFC also allows individual states to utilize different measures
to achieve the same objective. Under the multispecies regulations, when
a federally permitted vessel is fishing for winter flounder in state
waters, the most restrictive of either the state or Federal regulations
apply. This framework alleviates the cumulative impact of winter
flounder regulations on the fishing industry, while still achieving the
most conservative management objective for other regulated species as
defined in the FMP. The requirement that vessels must retain an
exemption certificate issued by the state on board the vessel should
mitigate any enforcement problem that this rule would impose.
Since redefined Closed Area I, as outlined in this framework
action, overlaps the Cultivator Shoal Whiting Area, Sec. 651.20,
paragraph (a)(4), has been changed to reflect the reduced size. Also,
because this framework requires vessels to have 6-inch (15.24-cm) mesh,
diamond or square, when fishing on regulated species in the southern
New England and Nantucket Lightship regulated mesh areas, and because
vessels are now allowed to transit the Nantucket Lightship regulated
mesh area with small mesh, the Nantucket Lightship regulated mesh area
distinction is no longer valid. However, to maintain the numbering
sequence of the prohibitions, for enforcement purposes, this section is
reserved as specified in Sec. 651.20(b).
This action also adds scientific names for the added allowable
bycatch species to help in species identification. Further, paragraph
(e)(4) is added to Sec. 651.21 as a stowage provision for sink gillnet
gear when transiting the closed areas.
NMFS is amending the multispecies regulations following the
procedure for framework adjustments established by Amendment 5 and
codified in 50 CFR 651, subpart C. The Council followed this procedure
when making adjustments to the FMP, by developing and analyzing the
actions over the span of a minimum of two Council meetings. Framework
Adjustment 9 was initiated at the Council's December 7-8, 1994, meeting
and was followed by meetings [[Page 19367]] on January 11-12, 1995, and
February 15-16, 1995. The Council provided the public with advance
notice of both the proposal and the analysis, and opportunity to
comment on them prior to and at the February 15-16 Council meeting.
Upon review of the analysis and public comment, the Council recommended
to the Regional Director that the measures contained in Framework
Adjustment 9 be published as a final rule. The Regional Director has
determined that the measures in Framework Adjustment 9 are appropriate
to publish as a final rule.
Because many of the measures contained within this rule relieve a
burden on the fishing industry, it is the intent of the Council and
NMFS that Framework Adjustment 9 supersede the extension to the
emergency action.
The Council has clearly stated that this framework adjustment, with
its modifications, does not necessarily reflect its policies in regard
to the development of Amendment 7.
Comments and Responses
Written comments were submitted by Capt. John Boats, Inc., East
Coast Fisheries Federation, Inc., Greenpeace, NMFS Office of
Enforcement (NE Region), Plum Island Surfcasters, Ram Point Marina,
Inc., Seafarers International Union of No. America (AFL-CIO),
Shinnecock Marlin & Tuna Club, Inc., The Fisherman Magazine, U.S. Coast
Guard, Zonta Club of Northampton, and 1,168 individuals including
Congressman Patrick J. Kennedy (RI). One association and three
individuals supported everything in the framework amendment. Several
letters addressed solutions that are not within the scope of this
framework amendment. The majority of letters addressed the exemption
for recreational vessels fishing in the Nantucket Lightship Closed
Area.
Comment 1: Of the 1,168 individual letters, 664 were signed form
letters submitted by a representative of the Francis Fleet supporting
an exemption for recreational fishing in the yellowtail area south of
Nantucket. Most of the remainder were signed form letters submitted
independently, but identical to the Francis Fleet submission,
supporting a recreational exemption. Further, Congressman Kennedy
supported the recreational exemption. Four associations supported the
exemption.
Response: The letters of support have been noted and an exemption
for recreational and charter vessels in the Nantucket Lightship Closed
Area, under the conditions specified in this framework, has been
approved.
Comment 2: Two of the associations (one of which attached a
petition signed by 28 individuals) and eight individuals supported
exempting recreational fisheries from the possible closing of Georges
Bank.
Response: The only recreational fishing exemption under
consideration by the New England Fishery Management Council during the
framework process was a proposal to exempt recreational fishing in the
Nantucket Lightship Closed Area. The issue of closing additional areas
will be dealt with by Amendment 7 to the Northeast Multispecies FMP.
Therefore, comments supporting a recreational fishing exemption on
Georges Bank should be made during hearings to be scheduled regarding
Amendment 7.
Comment 3: One association (speaking for recreational fishing
vessels) opposed the transiting prohibition through the Nantucket
Lightship Closed Area. It stated that the prohibition is dangerous for
vessels fishing the east side of Nantucket shoals.
Response: An exception allowing transiting through the Nantucket
Lightship Closed Area and Closed Area I for all fishing vessels,
including recreational and charter vessels, under the conditions
specified in this framework, has been approved.
Comment 4: One association, with 16 signatures on its letter,
supported the fishing limitations on Georges Bank and urged an
extension of the 6-month emergency action to allow for stock
rebuilding.
Response: The Magnuson Act authorizes for emergency rules to be
effective for up to 90 days, with a provision that they may be extended
by Council recommendation for an additional 90 days. As no authority
exists for another extension by emergency rule, the Council initiated
this framework action under the abbreviated rulemaking procedures
established by Amendment 5. Its effect will be to continue the measures
promulgated under the emergency action until at least such time as a
more comprehensive amendment (Amendment 7) is implemented.
Comment 5: One environmental organization urged that the Council
not exempt recreational, party, and charter boats from the closure of
certain areas of Georges Bank. It disagreed with the recreational
sector's argument that the financial hardship posed by their inclusion
in the Council's plans should take precedence over the conservation
measures deemed necessary by the Council since their impact on
regulated species is minimal. It added that the level of removal of
groundfish by the recreational sector works at cross-purposes to the
Council's intentions of accomplishing a near-zero fishing mortality
rate.
Response: This framework allows an exemption only to the Nantucket
Lightship Closed Area for recreational, party, and charter vessels. It
does not exempt this segment of the fishery from other closed areas of
Georges Bank. Furthermore, the sale of fish caught on vessels fishing
under this exemption is explicitly prohibited (regardless of where the
fish are caught), thereby reducing the incentive to target on critical
stocks of groundfish. Each vessel in the party/charter fleet will
further need a letter of authorization to enter this closed area, and
both recreational and party/charter vessels may carry only hand-line
and/or rod-and-reel fishing gear aboard. Anecdotal information
indicates that the primary target species in this area is white hake,
with pollock and cod being caught to a lesser extent. Although some cod
is caught in this area, the Council and NMFS believe it should have a
minimal impact on the depleted stocks. Concerning the Council's
intentions of accomplishing a near-zero fishing mortality rate, that
rate is the basis for stock rebuilding under Amendment 7 of the
multispecies FMP, now under development. The driving force for this
framework is continuation of temporary measures to slow the decline of
multispecies stocks until stock rebuilding regulations are in place.
Comment 6: One commentor criticized the make-up of the Council,
suggesting that recreational fishing interests are not adequately
represented.
Response: Of the six appointed at-large members of the Council,
four have backgrounds involving recreational fishing interests. Of
those four, one is editor of Salt Water Sportsman Magazine. There are
also five state representatives to the Council, one from each New
England state, representing the concerns of all sectors of the
fisheries. Furthermore, the Regional Director of NMFS is also a member
of the Council, and represents commercial and recreational interests,
equitably.
Comment 7: One association stated that the emergency rule (whose
provisions will continue, as modified, by this framework amendment)
unfairly affects the winter flounder fishery in the Mid-Atlantic
Regulated Mesh Area. The association seeks an exemption west of
72 deg.30' west longitude.
Response: This issue was not adequately analyzed in time for
Framework Adjustment 9 but is currently under consideration by the
[[Page 19368]] Council as a separate framework amendment. Framework
Adjustment 9 implements a winter flounder exemption for vessels fishing
with small mesh when in state waters, under certain conditions.
Comment 8: The USCG stated that it will not be able to provide the
same assurance of violator detection and resource preservation
currently existing, if provisions of this framework amendment allowing
vessels into the closed areas are approved. The USCG does not support
routine transits through the closed areas and states that closed area
enforcement is most effective when only small numbers of vessels are
allowed to operate in designated areas.
Response: The Council and NMFS considered the USCG comments and
weighed them against the industry's comments on the costs of requiring
vessels to steam around a closed area, unless a safety reason exists.
The Council and NMFS do not expect that allowing free and open transit,
with gear stowage requirements and severe penalties (including permit
vessel and operator sanctions) for fishing in closed areas, will
compromise the conservation impact of the closure. The Council
determined that the costs to the industry (fuel, days-at-sea
allocations while steaming) of the existing safety-only closure
provision outweigh the risk of some decrease in compliance with this
alternative.
The Council and NMFS further determined that the cost of closing
the three areas to pelagic fishing also outweighs the reduction in
enforceability resulting from such a closure exception. The Council and
NMFS concluded that prohibiting these vessels from possessing any
regulated multispecies while in the closed areas will help in the
enforcement of the groundfish closure. As pelagic long-line gear is not
fixed or anchored to the bottom and has no cable main line, it is
readily distinguishable from groundfish hook gear. The other
significant pelagic hook fishery that would take place in any of the
closed areas is the General Category bluefin tuna fishery. Vessels
fishing under a General Category permit are prohibited from having more
than two hooks attached to any line on board and, with a prohibition on
the possession of groundfish, can easily be distinguished from a
groundfish hook vessel. Furthermore, the pelagic fisheries are
regulated by a season-and-quota system that significantly limits the
time when pelagic hook vessels may fish.
Classification
This action has been determined to be not significant for the
purposes of E.O. 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds there
is good cause to waive prior notice and opportunity for comments under
5 U.S.C. 553(b)(B). The provision of advance notice as described in
this rule and public meetings held by the Council to discuss the
management measures implemented by this rule provided adequate prior
notice and opportunity for public comment to be made and considered.
Thus, additional opportunity for public comment is unnecessary.
The AA also finds that under 5 U.S.C. 553(d)(1), because immediate
implementation of this rule relieves an economic hardship on the
industry with virtually no impact on the conservation objective, there
is no need to delay for 30 days the effectiveness of this regulation,
except Sec. 651.20(i) which will be effective May 18, 1995.
This rule contains three new collection-of-information requirements
subject to the Paperwork Reduction Act that have been submitted to the
Office of Management and Budget (OMB) for approval. The public
reporting burden for this collection of information is estimated to be
2 minutes per response for each of the requirements, including the time
for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this reporting
burden estimate or any other aspect of the collection of information,
including suggestions for reducing the burden, to NMFS and OMB (see
ADDRESSES).
The new requirements are:
1. The winter flounder state waters exemption program
(Sec. 651.20(j)(1)) (2 minutes/response);
2. Gulf of Maine/Georges Bank regulated mesh area transit exemption
(Sec. 651.20(a)(6)(iii)(B)) (2 minutes/response);
3. Nantucket Lightship Closed Area party/charter vessel exemption
(Sec. 651.21(c)(2)(iv)(A)) (2 minutes/response).
Because Secs. 651.20(a)(6)(iii)(B), Sec. 651.20(j)(1), and
Sec. 651.21(c)(2)(iv)(A) require approval by OMB under the Paper Work
Reduction Act which has not yet been received, their effectiveness is
delayed pending receipt of such approval. The effective date of those
sections will be announced in the Federal Register.
The regulations extending the emergency action (60 FR 13078, March
10, 1995) eliminated a notification requirement for vessels transiting
closed areas during storm conditions.
Because no proposed rule was required, this action is exempt from
the requirements to prepare a Regulatory Flexibility Analysis.
List of Subjects in 50 CFR Part 651
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 12, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 651 is amended
as follows. These amendments supersede the amendments published at 59
FR 63926, December 12, 1994; 60 FR 3102, January 13, 1995; 60 FR 6446,
February 2, 1995; and 60 FR 13078, March 10, 1995.
PART 651--NORTHEAST MULTISPECIES FISHERY
1. The authority citation for part 651 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 651.2, definitions for ``American lobster or lobster'',
``Harpoon gear or harpoon'', ``Monkfish'', and ``Pelagic hook or
longline gear'' are added, in alphabetical order; and ``Atlantic sea
scallop or scallop'' and ``Sink gillnet'' are revised as follows:
Sec. 651.2 Definitions.
* * * * *
American lobster or lobster means the species, Homarus americanus.
Atlantic sea scallop or scallop means the species, Placopecten
magellanicus.
* * * * *
Harpoon gear or harpoon means fishing gear consisting of a pointed
dart or iron attached to the end of a line several hundred feet in
length, the other end of which is attached to a floating device.
* * * * *
Monkfish means the species, Lophius americanus.
* * * * *
Pelagic hook or longline gear means fishing gear that is not fixed,
nor designed to be fixed, or anchored to the bottom and that consists
of monofilament main line (as opposed to a cable main line) to which
gangions are attached.
* * * * *
Sink gillnet means a bottom-tending gillnet, which is any gillnet,
anchored or otherwise, that is designed to be, or is
[[Page 19369]] capable of being, or is fished on or near the bottom in
the lower third of the water column.
* * * * *
3. In Sec. 651.4, paragraph (f) and the last sentence of paragraph
(d) is revised and a new paragraph (t) is added to read as follows:
Sec. 651.4 Vessel permits.
* * * * *
(d) * * * Except as provided for in Sec. 651.20(j), if a
requirement of this part and a management measure required by a state
or local law differ, any vessel owner permitted to fish in the EEZ must
comply with the more restrictive requirement.
* * * * *
(f) Information requirements. (1) In addition to applicable
information required to be provided by paragraph (e) of this section,
an application for either a limited access multispecies, hook-gear-
only, or possession-limit-only permit must contain at least the
following information, and any other information required by the
Regional Director: Vessel name; owner name, mailing address, and
telephone number; U.S. Coast Guard documentation number and a copy of
vessel's U.S. Coast Guard documentation or, if undocumented, state
registration number and a copy of the state registration; home port and
principal port of landing; length; gross tonnage; net tonnage; engine
horsepower; year the vessel was built; type of construction; type of
propulsion; approximate fish-hold capacity; type of fishing gear used
by the vessel; number of crew; permit category; if the owner is a
corporation, a copy of the Certificate of Incorporation, and the names
and addresses of all shareholders owning 25 percent or more of the
corporation's shares; if the owner is a partnership, a copy of the
Partnership Agreement and the names and addresses of all partners; if
there is more than one owner, names of all owners having owned more
than a 25-percent interest; and name and signature of the owner or the
owner's authorized representative.
(2) Applications for a limited access multispecies permit must also
contain the following information:
(i) The engine horsepower of the vessel as specified in the
vessel's most recent permit application for a Federal Fisheries Permit
before May 1, 1994. If the engine horsepower was changed or a contract
to change the engine horsepower had been entered into prior to May 1,
1994 such that it is different from that stated in the vessel's most
recent application for a Federal Fisheries Permit before May 1, 1994,
sufficient documentation to ascertain the different engine horsepower.
However, the engine replacement must be completed within 1-year of the
date of when the contract for the replacement engine was signed.
(ii) The length, gross tonnage, and net tonnage of the vessel as
specified in the vessel's most recent permit application for a Federal
Fisheries Permit before May 1, 1994. If the length, gross tonnage, or
net tonnage was changed or a contract to change the length, gross
tonnage or net tonnage had been entered into prior to May 1, 1994 such
that it is different from that stated in the vessel's most recent
application for a Federal Fisheries Permit, sufficient documentation to
ascertain the different length, gross tonnage or net tonnage. However,
the upgrade must be completed within 1 year of the date of when the
contract for the upgrade was signed.
(iii) If the vessel owner is applying to fish under the individual
DAS program specified in this section, the application must include
such election.
(iv) In 1994, vessel owners may change their vessel's DAS category
within 30 days of receipt of their 1994 multispecies permit. After 30
days, the vessel must fish only in the DAS program assigned for the
remainder of the fishing year. In 1995, if the vessel owner is applying
to fish under a different DAS program than was assigned for 1994, the
application must include such election and the vessel must fish only in
that category for the entire fishing year.
(v) For 1996 and thereafter, a vessel, when fishing under the DAS
program, may fish only under the DAS program assigned to it in 1995, or
if not assigned in 1995, the DAS program assigned to it on its initial
permit to fish under the DAS program. However, any vessel may elect for
any year to fish under a hook-gear-only permit if it meets the
requirements specified in paragraph (b) of this section.
(vi) Beginning on September 1, 1994, if the vessel is a combination
vessel, or if the applicant elects to take an Individual DAS allocation
or to use a VTS unit, although not required, a copy of the vendor
installation receipt from a NMFS-certified VTS vendor as described in
Sec. 651.28(a).
* * * * *
(t) Certificate for winter flounder fishing in state waters. A
vessel permitted under this part and fishing for winter flounder in
state waters under the minimum mesh size described in Sec. 651.20(j),
must have on board a certificate issued by the state agency authorizing
the vessel's participation in the state waters winter flounder fishing
program.
4. In Sec. 651.5, paragraph (a) is revised to read as follows:
Sec. 651.5 Operator permits.
(a) General. Any operator of a vessel that has been issued a valid
Federal multispecies permit under this part, or any operator of a
vessel fishing for multispecies finfish in the EEZ or in possession of
multispecies finfish in or harvested from the EEZ, must carry on board
a valid operator's permit issued under this part. This requirement does
not apply to recreational vessels and vessels that fish exclusively in
state waters for multispecies.
* * * * *
5. In Sec. 651.9, paragraphs (a), (b), and (e) are revised to read
as follows:
Sec. 651.9 Prohibitions.
(a) In addition to the general prohibitions specified in Sec. 620.7
of this chapter, it is unlawful for any person owning or operating a
vessel holding a valid Federal multispecies vessel permit issued under
this part, issued a permit under Sec. 651.5 or a letter under
Sec. 651.4(a)(8)(v), to do any of the following:
(1) Possess or land multispecies finfish smaller than the minimum
size as specified in Sec. 651.23.
(2) Fail to comply in an accurate and timely fashion with the log
report, reporting, record retention, inspection, and other requirements
of Sec. 651.7(b).
(3) Fish for, possess, or land multispecies finfish unless the
operator of the vessel has been issued an operator's permit under
Sec. 651.5, and a valid permit is on board the vessel.
(4) Fail to report to the Regional Director within 15 days any
change in the information contained in the permit application as
required under Sec. 651.4(m) or Sec. 651.5(k).
(5) Fail to affix and maintain permanent markings as required by
Sec. 651.8.
(6) Sell, transfer, or attempt to sell or transfer to a dealer any
multispecies finfish unless the dealer has a valid Federal Dealer's
Permit issued under Sec. 651.6.
(7) Land, offload, remove, or otherwise transfer, or attempt to
land, offload, remove, or otherwise transfer fish from one vessel to
another vessel or other floating conveyance unless authorized in
writing by the Regional Director pursuant to Sec. 651.30(a).
(8) Refuse or fail to carry an observer if requested to do so by
the Regional Director. [[Page 19370]]
(9) Interfere with or bar by command, impediment, threat, coercion,
or refusal of reasonable assistance, an observer conducting his or her
duties aboard a vessel.
(10) Fail to provide an observer with the required food,
accommodations, access, and assistance, as specified in Sec. 651.31.
(11) Land haddock from, or possess haddock on board, a sea scallop
dredge vessel during the time specified in Sec. 651.27(b)(1).
(12) Land, or possess on board a vessel, more than 500 lb (226.8
kg) of haddock, or the equivalent in totes or boxes, as specified in
Sec. 651.27(b)(2), or violate any of the other provisions specified in
Sec. 651.27(b)(2).
(13) Fish with, set, haul back, possess on board a vessel, unless
stowed in accordance with Sec. 651.20(c)(4), or fail to remove a sink
gillnet from the area and for the times specified in Sec. 651.32(a),
unless authorized in writing by the Regional Director.
(14) Sell, barter, trade, or transfer, or attempt to sell, barter,
trade, or otherwise transfer, for a commercial purpose, other than
transport, any multispecies, unless the transferee has a dealer permit
issued under Sec. 651.6.
(b) In addition to the prohibitions specified in paragraph (a) of
this section, it is unlawful for any person owning or operating a
vessel issued a limited access permit under Sec. 651.4(a) or a letter
under Sec. 651.4(a)(8)(v), to do any of the following:
(1) Possess at any time during a trip, or land per trip, more than
the possession limit of regulated species as specified in
Sec. 651.27(a), after using the vessel's annual DAS allocation or when
not participating under the DAS program pursuant to Sec. 651.22.
(2) If required to have a VTS unit as specified in Sec. 651.28(a)
or Sec. 651.29(a):
(i) Fail to have a certified, operational, and functioning VTS unit
that meets the specifications of Sec. 651.28(a) on board the vessel at
all times.
(ii) Fail to comply with the notification, replacement, or any
other requirements regarding VTS usage as specified in Sec. 651.29(a).
(3) Combine, transfer, or consolidate DAS allocations.
(4) Fish for, possess, or land multispecies finfish with or from a
vessel that has had the horsepower of such vessel or its replacement
upgraded or increased in excess of the limitations specified in
Sec. 651.4(a)(5)(i).
(5) Fish for, possess, or land multispecies finfish with or from a
vessel that has had the length, gross registered tonnage, or net
tonnage of such vessel or its replacement increased or upgraded in
excess of limitations specified in Sec. 651.4(a)(5)(ii).
(6) Fail to comply with any requirement regarding the DAS
notification as specified in Sec. 651.29.
(7) If not fishing under the VTS system, fail to have on board the
vessel a card issued by the Regional Director, as specified in
Sec. 651.29(b).
(8) Fail to notify that a vessel is participating in the DAS
program as specified in Sec. 651.29(b).
(9) Fail to comply with the other methods of notification
requirements, including a call-in system as specified in
Sec. 651.29(c), if required by the Regional Director.
(10) Fail to provide notification of the beginning or ending of a
DAS before leaving port or before returning to port, as required under
Sec. 651.29 (b) or (c).
(11) Fail to comply with the layover day requirement as described
in Sec. 651.22(c)(1)(ii)(A).
* * * * *
(e) In addition to the general prohibitions specified in Sec. 620.7
of this chapter and the prohibitions specified in paragraphs (a)
through (d) of this section, it is unlawful for any person to do any of
the following:
(1) Fish for, possess, or land multispecies finfish unless:
(i) The multispecies finfish were being fished for or harvested by
a vessel holding a valid Federal multispecies permit under this part,
or a letter under Sec. 651.4(a)(8)(v), and the operator on board such
vessel has been issued an operator's permit under Sec. 651.5 and has a
valid permit on board the vessel;
(ii) The multispecies finfish were harvested by a vessel not issued
a Federal multispecies permit that fishes for multispecies finfish
exclusively in state waters; or
(iii) The multispecies finfish were harvested by a recreational
fishing vessel.
(2) Possess at any time during a trip, or land per trip, more than
the possession limit of regulated species as specified in
Sec. 651.27(a) unless:
(i) The multispecies finfish were harvested by a vessel that has
been issued a limited access permit under Sec. 651.4(a), a hook-gear-
only permit under Sec. 651.4(b), or a letter under Sec. 651.4(a)(8)(v);
or
(ii) The regulated species were harvested by a vessel that
qualifies for the exception specified in paragraph (e)(1)(ii) of this
section.
(3) Land, offload, cause to be offloaded, sell, or transfer; or
attempt to land, offload, cause to be offloaded, sell, or transfer
multispecies finfish from a fishing vessel, whether on land or at sea,
as an owner or operator without accurately preparing and submitting, in
a timely fashion, the documents required by Sec. 651.7, unless the
multispecies finfish were harvested by a vessel that qualifies for the
exception specified in paragraph (e)(1)(ii) of this section.
(4) Purchase or receive multispecies finfish, or attempt to
purchase or receive multispecies finfish, whether on land or at sea, as
a dealer without accurately preparing, submitting in a timely fashion,
and retaining the documents required by Sec. 651.7.
(5) Land, offload, remove, or otherwise transfer, or attempt to
land, offload, remove or otherwise transfer multispecies finfish from
one vessel to another vessel, unless both vessels qualify under the
exception specified in paragraph (e)(1)(ii) of this section, or unless
authorized in writing by the Regional Director pursuant to
Sec. 651.30(a).
(6) Sell, barter, trade, or otherwise transfer; or attempt to sell,
barter, trade, or otherwise transfer for a commercial purpose any
multispecies finfish from a trip unless the vessel is holding a valid
Federal multispecies permit under this part, or a letter under
Sec. 651.4(a)(8)(v), or the multispecies finfish were harvested by a
vessel without a Federal multispecies permit that fishes for
multispecies finfish exclusively in state waters.
(7) Purchase, possess, or receive for a commercial purpose, or
attempt to purchase, possess, or receive for a commercial purpose in
the capacity of a dealer, multispecies finfish taken from a fishing
vessel, unless in possession of a valid dealer permit issued under
Sec. 651.6; except that this prohibition does not apply to multispecies
finfish taken from a vessel that qualifies for the exception specified
in paragraph (e)(1)(ii) of this section.
(8) Purchase, possess, or receive for commercial purposes
multispecies finfish caught by a vessel other than one holding a valid
Federal multispecies permit under this part, or a letter under
Sec. 651.4(a)(8)(v), unless the multispecies finfish were harvested by
a vessel that qualifies for the exception specified in paragraph
(e)(1)(ii) of this section.
(9) To be or act as an operator of a vessel fishing for or
possessing multispecies finfish in or from the EEZ, or holding a
Federal multispecies permit under this part without having been issued
and possessing a valid operator's permit issued under Sec. 651.5.
(10) Assault, resist, oppose, impede, harass, intimidate, or
interfere with a NMFS-approved observer aboard a vessel.
[[Page 19371]]
(11) Make any false statement, oral or written, to an authorized
officer or employee of NMFS, concerning the taking, catching,
harvesting, landing, purchase, sale, or transfer of any multispecies
finfish.
(12) Make any false statement in connection with an application
under Sec. 651.4 or Sec. 651.5 or on any report required to be
submitted or maintained under Sec. 651.7.
(13) Tamper with, damage, destroy, alter, or in any way distort,
render useless, inoperative, ineffective, or inaccurate the VTS, VTS
unit, or VTS signal required to be installed on or transmitted by
vessel owners or operators required to use a VTS by this part.
(14) Fish with, use, or have available for immediate use within the
area described in Sec. 651.20(a)(1) nets of mesh size smaller than the
minimum mesh size specified in Sec. 651.20(a)(2), except as provided in
Sec. 651.20 (a)(3) through (a)(6), (e), (f), and (j), or unless the
vessel qualifies for the exception specified in paragraph (e)(1)(ii) of
this section.
(15) [Reserved]
(16) Fish with, use, or have available for immediate use within the
area described in Sec. 651.20(c)(1) nets of mesh size smaller than the
minimum size specified in Sec. 651.20(c)(2), except as provided in
Sec. 651.20(c)(3), (e), (f), and (j), or unless the vessel qualifies
for the exception specified in paragraph (e)(1)(ii) of this section.
(17) Fish with, use, or have available for immediate use within the
area described in Sec. 651.20(d)(1) nets of mesh size smaller than the
minimum size specified in Sec. 651.20(d)(2), except as provided in
Sec. 651.20(d)(3), (e), (f), and (j), or unless the vessel qualifies
for the exception specified in paragraph (e)(1)(ii) of this section.
(18) Enter or be in the area described in Sec. 651.21(a)(1) on a
fishing vessel, except as provided in Sec. 651.21(a)(2), (d), and (e).
(19) [Reserved]
(20) Enter the area described in Sec. 651.21(b)(1) on a fishing
vessel, except as provided by Sec. 651.21(b)(2) and (e).
(21) Enter or be in the area described in Sec. 651.21(c)(1), on a
fishing vessel, except as provided in Sec. 651.21(c)(2) and (e).
(22) Fail to comply with the gear-marking requirements of
Sec. 651.25.
(23) Import, export, transfer, land, or possess regulated species
that are smaller than the minimum sizes as specified in Sec. 651.23,
unless the regulated species were harvested from a vessel that
qualifies for the exception specified in paragraph (e)(1)(ii) of this
section.
(24) Interfere with, obstruct, delay, or prevent by any means
lawful investigation or search relating to the enforcement of this
part.
(25) Fish within the areas described in Sec. 651.20(a)(4) with nets
of mesh smaller than the minimum size specified in Sec. 651.20(a)(2),
unless the vessel is issued and possesses on board the vessel an
authorizing letter issued under Sec. 651.20(a)(4)(i).
(26) Violate any provisions of the Cultivator Shoals Whiting
Fishery specified in Sec. 651.20(a)(4).
(27) Fish for, land, or possess multispecies finfish harvested by
means of pair trawling or with pair trawl gear, except under the
provisions of Sec. 651.20(e), or unless the vessels that engaged in
pair trawling qualify for the exception specified in paragraph
(e)(1)(ii) of this section.
(28) Fish for, harvest, possess, or land in or from the EEZ
northern shrimp, unless such shrimp were fished for or harvested by a
vessel meeting the requirements specified in Sec. 651.20(a)(3).
(29) Fail to comply with the requirements as specified in
Sec. 651.20(a)(5).
(30) Fish for the species specified in Sec. 651.20 (e) or (f) with
a net of mesh size smaller than the applicable mesh size by area fished
specified in Sec. 651.20, or possess or land such species, unless the
vessel is in compliance with the requirements specified in Sec. 651.20
(e) or (f), or unless the vessel qualifies for the exception specified
in paragraph (e)(1)(ii) of this section.
(31) Fish with, set, haul back, possess on board a vessel, unless
stowed in accordance with Sec. 651.20(c)(4), or fail to remove a sink
gillnet from the EEZ portion of the areas, and for the times specified
in Sec. 651.32(a), unless authorized in writing by the Regional
Director.
(32) Violate any provision specified under Sec. 651.29.
(33) Land haddock from, or possess haddock on board, a sea scallop
dredge vessel as specified in Sec. 651.27(b)(1).
(34) Land, or possess on board a vessel, more than 500 lb (226.8
kg) of haddock, or the equivalent in totes or boxes, as specified in
Sec. 651.27(b)(2), or violate any of the other provisions specified in
Sec. 651.27(b)(2).
(35) Fish with, use or have available for immediate use scallop
dredge gear on a vessel not fishing under the scallop DAS program as
described in Sec. 650.24 of this chapter, or fishing under a general
category permit issued under Sec. 650.4(b) of this chapter, in the
areas described in Sec. 651.20(i), except as provided in
Sec. 651.20(i), or unless the vessel qualifies for the exception
specified in paragraph (e)(1)(ii) of this section.
(36) Obstruct or constrict a net as described in Sec. 651.20(h) (1)
and (2).
(37) Possess, land, or fish for regulated species, except winter
flounder as provided for in accordance with Sec. 651.20(j), from or
within the areas described in Sec. 651.20, while in possession of nets
of mesh smaller than the minimum size specified in Sec. 651.20, unless
the vessel and nets conform with the stowage requirements of
Sec. 651.20(c)(4), or unless the vessel qualifies for the exception
specified in paragraph (e)(1)(i) of this section.
(38) Possess, land, or fish for regulated species, except winter
flounder as provided for in accordance with Sec. 651.20(j), from or
within the areas described in Sec. 651.20(i), while in possession of
scallop dredge gear on a vessel not fishing under the scallop DAS
program as described in Sec. 650.24 of this chapter, or fishing under a
general category permit issued under Sec. 650.4(b) of this chapter,
unless the vessel and the dredge gear conform with the stowage
requirements of Sec. 651.27(a)(3) and Sec. 651.21(e)(2), or unless the
vessel qualifies for the exception specified in paragraph (e)(1)(ii) of
this section.
(39) Possess or land fish caught with nets of mesh smaller than the
minimum size specified in Sec. 650.20 of this chapter, or with scallop
dredge gear on a vessel not fishing under the scallop DAS program
described in Sec. 650.24 of this chapter, or fishing under a general
category permit issued under Sec. 650.4(b) of this chapter, unless said
fish are caught, possessed or landed in accordance with Secs. 651.20
and 651.27, or unless the vessel qualifies for the exception specified
in paragraph (e)(1)(ii) of this section.
* * * * *
6. In Sec. 651.20, paragraphs (a) through (f) are revised and
paragraphs (i) and (j) added to read as follows:
Sec. 651.20 Regulated mesh areas and restrictions on gear and methods
of fishing.
All vessels fishing for, harvesting, possessing, or landing
multispecies finfish in or from the EEZ and all vessels holding a
Federal multispecies permit under this part must comply with the
following restrictions on minimum mesh size, gear, and methods of
fishing, unless otherwise exempted or prohibited.
(a) Gulf of Maine/Georges Bank (GOM/GB) regulated mesh area--(1)
Area definition. The Gulf of Maine/Georges Bank regulated mesh area is
that area:
(i) Bounded on the east by the U.S.-Canada maritime boundary,
defined by
[[Page 19372]]
straight lines connecting the following points in the order stated (see
Figure 1 to part 651):
Gulf of Maine/Georges Bank Regulated Mesh Area
----------------------------------------------------------------------------------------------------------------
Point Latitude Longitude
----------------------------------------------------------------------------------------------------------------
G1........................................... (1) (1)
G2........................................... 43 deg.58' N. 67 deg.22' W.
G3........................................... 42 deg.53.1' N. 67 deg.44.4' W.
G4........................................... 42 deg.31' N. 67 deg.28.1' W.
G5........................................... 41 deg.18.6' N. 66 deg.24.8' W.
----------------------------------------------------------------------------------------------------------------
1The intersection of the shoreline and the U.S.-Canada Maritime Boundary [southward along the irregular U.S.-
Canada Maritime Boundary].
(ii) Bounded on the south by straight lines connecting the
following points in the order stated:
------------------------------------------------------------------------
Approximate
Point Latitude Longitude loran C bearings
------------------------------------------------------------------------
G6............... 40 deg.55.5' N. 66 deg.38' W. 5930-Y-30750 and
9960-Y-43500.
G7............... 40 deg.45.5' N. 68 deg.00' W. 9960-Y-43500 and
68 deg.00 W.
G8............... 40 deg.37' N. 68 deg.00' W. 9960-Y-43450 and
68 deg.00 W.
G9............... 40 deg.30' N. 69 deg.00' W.
NL3.............. 40 deg.22.7' N. 69 deg.00' W.
NL2.............. 40 deg.18.7' N. 69 deg.40' W.
NL1.............. 40 deg.50' N. 69 deg.40' W.
G11.............. 40 deg.50' N. 70 deg.00' W.
G12.............. ................ 70 deg.00' W.1
------------------------------------------------------------------------
1Northward to its intersection with the shoreline of mainland
Massachusetts.
(2) Mesh-size restrictions. Except as provided in paragraphs (a)(3)
through (6), (e), (f), and (j) of this section, the minimum mesh size
for any trawl net, sink gillnet, Scottish seine, or midwater trawl, on
a vessel, or used by a vessel fishing in the GOM/GB regulated mesh
area, shall be 6 inches (15.24 cm) diamond or square mesh throughout
the entire net. This restriction does not apply to nets or pieces of
nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq. ft (0.81
m2)), or to vessels that have not been issued a Federal
multispecies permit and that are fishing exclusively in state waters.
(3) Small-mesh exemption area. Northern shrimp has been found to
meet the exemption qualification requirements specified in paragraph
(a)(7) of this section. Therefore, vessels subject to the mesh
restrictions specified in paragraph (a)(2) of this section may fish
for, harvest, possess, or land northern shrimp with nets of mesh
smaller than the minimum size specified in paragraph (a)(2) of this
section in the Small mesh exemption area, if the vessel complies with
the requirements specified in paragraphs (a)(3) (i) through (iii) of
this section. The Small-Mesh Exemption Area is defined by straight
lines connecting the following points in the order stated:
Small-Mesh Exemption Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
SM1...................... 41 deg.35' N. 70 deg.00' W.
SM2...................... 41 deg.35' N. 69 deg.40' W.
SM3...................... 42 deg.49.5' N. 69 deg.40' W.
SM4...................... 43 deg.12' N. 69 deg.00' W.
SM5...................... 43 deg.41' N. 68 deg.00' W.
G2....................... 43 deg.58' N. 67 deg.22' W.; (the U.S.-
Canada Maritime
Boundary).
G1....................... (\1\) (\1\)
------------------------------------------------------------------------
\1\Northward along the irregular U.S.-Canada maritime boundary to the
shoreline.
(i) Possession limit exemption. (A) A vessel fishing under this
exemption may not fish for, possess on board or land any species of
fish other than shrimp except as provided under paragraph (a)(3)(i)(B)
of this section.
(B) The following may be retained, with the restrictions noted, as
allowable bycatch species in the northern shrimp fishery as described
in this section: Longhorn sculpin (Myoxocephalus octodecimspinosus); up
to two standard boxes or totes of silver hake (whiting); 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 two hundred lobsters, whichever is less.
(ii) Finfish excluder device. A vessel must have a properly
configured and installed finfish excluder device in any net with mesh
smaller than the minimum size specified in paragraph (a)(2) of this
section. The finfish excluder device must be configured and installed
consistent with the following specifications (see Figure 2 to part 651
for an example of a properly configured and installed finfish excluder
device):
(A) A finfish excluder device is a rigid or semi-rigid grate
consisting of parallel bars of not more than 1-inch (2.54-cm) spacing
that excludes all fish and other objects, except those that are small
enough to pass between its bars into the codend of the trawl.
(B) The finfish excluder device must be secured in the trawl,
forward of the codend, in such a manner that it precludes the passage
of fish or other objects into the codend without the fish or objects
having first passed between the bars of the grate.
(C) A fish outlet or hole must be provided to allow fish or other
objects that are too large to pass between the bars of the grate to
pass out of the net. The aftermost edge of this outlet must be at least
as wide as the grate at the point of attachment. The fish outlet must
extend forward from the grate toward the mouth of the net.
(D) A funnel of net material is allowed in the lengthening piece of
the net [[Page 19373]]
forward of the grate to direct catch towards the grate.
(iii) A vessel may only fish under this exemption during the
northern shrimp season, as established by the Atlantic States Marine
Fisheries Commission (ASMFC). The northern shrimp season is December 1
through May 30, or as modified by the ASMFC.
(4) Cultivator Shoal whiting (silver hake) fishery exemption area.
The Cultivator Shoal whiting fishery has been found to meet the
exemption qualification requirements specified in paragraph (a)(7) of
this section. Therefore, vessels subject to the mesh restrictions
specified in paragraph (a)(2) of this section may fish with, use, or
possess nets of mesh smaller than the minimum size specified in
paragraph (a)(2) of this section in the Cultivator Shoal whiting
fishery exemption area, if the vessel complies with the requirements
specified in paragraph (a)(4)(i) of this section. The Cultivator Shoal
whiting fishery exemption area is defined by straight lines connecting
the following points in the order stated (see Figure 1 to part 651):
Cultivator Shoal Whiting Fishery Exemption Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
C1..................... 42 deg.10' N........... 68 deg.10' W.
C2..................... 41 deg.30' N........... 68 deg.41' W.
CI4.................... 41 deg.30' N........... 68 deg.30' W.
C3..................... 41 deg.12.8' N......... 68 deg.30' W.
C4..................... 41 deg.05' N........... 68 deg.20' W.
C5..................... 41 deg.55' N........... 67 deg.40' W.
C1..................... 42 deg.10' N........... 68 deg.10' W.
------------------------------------------------------------------------
(i) Requirements. Vessels fishing in this fishery must have on
board an authorizing letter issued by the Regional Director. Vessel
owners are subject to the following conditions:
(A) A vessel fishing under this exemption may not fish for, possess
on board or land any species of fish other than whiting except as
provided under paragraph (a)(4)(i)(E) of this section.
(B) A minimum mesh size of 3 inches (7.62 cm) applied to the first
160 meshes counted from the terminus of the net;
(C) A season of June 15 through October 31, unless otherwise
specified by publication of a notification in the Federal Register.
(D) When transitting through the GOM/GB regulated mesh area as
specified under paragraph (a)(1) of this section, any nets of mesh
smaller than the regulated mesh size as specified under paragraph
(a)(2) of this section, must be stowed according to the provisions of
paragraph (c)(4) of this section.
(E) The following may be retained, with the restrictions noted, as
allowable bycatch species in the Cultivator Shoal whiting fishery
exemption area as described in this section: longhorn sculpin
(Myoxocephalus octodecimspinosus); 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 two hundred
lobsters, whichever is less.
(ii) Sea sampling. The Regional Director shall conduct periodic sea
sampling to determine if there is a need to change the area or season
designation, and to evaluate the bycatch of regulated species,
especially haddock.
(iii) Annual review. The Council shall conduct an annual review of
data to determine if there are any changes in area or season
designation necessary, and to make the appropriate recommendations to
the Regional Director following the procedures specified in subpart C
of this part.
(5) Stellwagen Bank/Jeffreys Ledge (SB/JL) juvenile protection
area. Except as provided in paragraphs (a)(3), (a)(6), (e), (f) and (j)
of this section, the minimum mesh size for any trawl net, Scottish
seine, purse seine, or midwater trawl in use, or available for
immediate use as described under paragraph (c)(4) of this section, by a
vessel fishing in the following area shall be 6 inches (15.24 cm)
square mesh in the last 50 bars of the codend and extension piece for
vessels 45 ft (13.7 m) in length and less, and in the last 100 bars of
the codend and extension piece for vessels greater than 45 ft (13.7 m)
in length.
(i) The Stellwagen Bank/Jeffreys Ledge juvenile protection area is
defined by straight lines connecting the following points in the order
stated (see Figure 1 to Part 651):
Stellwagen Bank Juvenile Protection Area
------------------------------------------------------------------------
Approximate Loran
Point Latitude Longitude coordinates
------------------------------------------------------------------------
SB1............. 42 deg.34.0' N. 70 deg.23.5' W. 13737 44295
SB2............. 42 deg.28.8' N. 70 deg.39.0' W. 13861 44295
SB3............. 42 deg.18.6' N. 70 deg.22.5' W. 13810 44209
SB4............. 42 deg.05.5' N. 70 deg.23.3' W. 13880 44135
SB5............. 42 deg.11.0' N. 70 deg.04.0' W. 13737 44135
SB1............. 42 deg.34.0' N. 70 deg.23.5' W. 13737 44295
------------------------------------------------------------------------
Jeffreys Ledge Juvenile Protection Area
------------------------------------------------------------------------
Approximate Loran
Point Latitude Longitude coordinates
------------------------------------------------------------------------
JL1............. 43 deg.12.7' N. 70 deg.00.0' W. 13369 44445
JL2............. 43 deg.09.5' N. 70 deg.08.0' W. 13437 44445
JL3............. 42 deg.57.0' N. 70 deg.08.0' W. 13512 44384
JL4............. 42 deg.52.0' N. 70 deg.21.0' W. 13631 44384
JL5............. 42 deg.41.5' N. 70 deg.32.5' W. 13752 44352
JL6............. 42 deg.34.0' N. 70 deg.26.2' W. 13752 44300
JL7............. 42 deg.55.2' N. 70 deg.00.0' W. 13474 44362
JL1............. 43 deg.12.7' N. 70 deg.00.0' W. 13369 44445
------------------------------------------------------------------------
[[Page 19374]]
(ii) Fishing for northern shrimp in the SB/JL juvenile protection
area is allowed subject to the requirements of paragraph (a)(3) of this
section.
(6) Transitting. (i) Vessels fishing under the Small Mesh Exemption
program specified in paragraph (a)(3) of this section may transit
through the SB/JL juvenile protection area defined in paragraph (a)(5)
of this section with nets on board that do not conform to the
requirements specified in paragraph (a)(2) or (a)(5) of this section,
provided that the nets are stowed in accordance with the provisions of
paragraph (c)(4) of this section;
(ii) Vessels subject to the mesh requirements specified in
paragraph (a)(2) of this section may transit through the Small Mesh
Exemption Area defined in paragraph (a)(3) of this section with nets on
board with mesh smaller than the minimum size specified in paragraph
(a)(2) of this section, provided that the nets are stowed in accordance
with the provisions of paragraph (c)(4) of this section, and provided
the vessel has no fish on board; and
(iii) Vessels subject to the mesh requirements specified in
paragraph (a)(2) of this section may transit through the GOM/GB
regulated mesh area defined in paragraph (a)(1) of this section with
nets on board with mesh smaller than the minimum mesh size specified in
paragraph (a)(2) of this section with small mesh exempted species on
board, provided that the following conditions are met:
(A) Vessels properly stow any nets of mesh smaller than the
regulated mesh size as specified in paragraph (a)(2) of this section in
accordance with the provisions of paragraph (c)(4) of this section;
(B) Vessels have on board an authorizing letter issued by the
Regional Director; and
(C) Vessels may not fish for, possess on board, or land any species
of fish except, when fishing in the areas specified in paragraphs
(a)(4), (c), and (d) of this section, vessels may retain exempted small
mesh species as provided in paragraphs (a)(4)(i), (c)(3), and (d)(3),
respectively, of this section.
(7) Addition or deletion of exemptions. The Regional Director may
add exemptions of species if he/she makes a determination that the
fishery in which the species are fished for or caught, after
considering the gear used, area where the fishery occurs and other
relevant factors, has a catch of less than 5 percent by weight of
regulated species. The Regional Director may delete an existing
exemption if he/she makes a determination that the catch of regulated
species is greater than or equal to 5 percent by weight. Notification
of additions or deletions will be made through publication of a rule in
the Federal Register.
(b) Nantucket Lightship regulated mesh area. [Reserved]
(c) Southern New England regulated mesh area--(1) Area definition.
The Southern New England regulated mesh area is that area bounded on
the east by straight lines connecting the following points in the order
stated (see Figure 1 part 651):
Southern New England Regulated Mesh Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
G5......................... 41 deg.18.6' N. 66 deg.24.8' W.
G6......................... 40 deg.55.5' N. 66 deg.38' W.
G7......................... 40 deg.45.5' N. 68 deg.00' W.
G8......................... 40 deg.37' N. 68 deg.00' W.
G9......................... 40 deg.30.5' N. 69 deg.00' W.
NL3........................ 40 deg.22.7' N. 69 deg.00' W.
NL2........................ 40 deg.18.7' N. 69 deg.40' W.
NL1........................ 40 deg.50' N. 69 deg.40' W.
G11........................ 40 deg.50' N. 70 deg.00' W.
G12........................ .................... 70 deg.00' W.\1\
------------------------------------------------------------------------
\1\Northward to its intersection with the shoreline of mainland
Massachusetts; and on the west by a line running from the shoreline
along 72 deg.30' W. longitude to the outer boundary of the EEZ.
(2) Mesh-size restriction. Except as provided in paragraphs (c)(3),
(e), (f), and (j) of this section, the minimum mesh size for any trawl
net, sink gillnet, Scottish seine, purse seine or midwater trawl in
use, or available for immediate use as described under paragraph (c)(4)
of this section, by a vessel fishing in the Southern New England
regulated mesh area, shall be 6 inches (15.24 cm) square or diamond
mesh throughout the net. This restriction does not apply to vessels
that have not been issued a Federal multispecies permit under
Sec. 651.4 and are fishing exclusively in state waters.
(3) Exemptions--(i) Species exempt. Butterfish, dogfish, herring,
mackerel, ocean pout, scup, shrimp, squid, summer flounder, silver hake
(whiting), and weakfish fished for in, or harvested from, the Southern
New England regulated mesh area have been found to meet the exemption
qualification requirements specified in paragraph (c)(5) of this
section. Therefore, vessels subject to the mesh restrictions specified
in paragraph (c)(2) of this section may fish for, harvest, possess, or
land any of the above mentioned species with nets of mesh smaller than
the minimum size specified in paragraph (c)(2) of this section in the
Southern New England regulated mesh area, provided such vessels comply
with the requirements specified in paragraph (c)(3)(ii) of this
section.
(ii) Possession and net stowage requirements. Vessels may possess
regulated species while in possession of nets with mesh less than the
minimum size specified in paragraph (c)(2) of this section, provided
that the nets are stowed and are not available for immediate use in
accordance with paragraph (c)(4) of this section, and provided that
regulated species were not harvested by nets of mesh size smaller than
the minimum mesh size specified in paragraph (c)(2) of this section.
Vessels fishing for the exempted species identified in paragraph
(c)(3)(i) of this section may also possess and retain the following
species, with the restrictions noted, as incidental take to these
exempted fisheries: Conger eels (Conger oceanicus); searobins (species
in the family Triglidae); black sea bass (Centropristis striata); red
hake; tautog (blackfish) (Tautoga onitis); blowfish (puffer) (species
in the family Tetraodontidae); cunner (Tautogolabrus adspersus); John
Dory (Zenopsis conchifera); mullet (species in the family Mugilidae);
bluefish (Pomatomus saltatrix); tilefish (Lopholatilus
chamaeleonticeps); longhorn sculpin (Myoxocephalus octodecimspinosus);
fourspot flounder (Paralichthys oblongus); alewife (Alosa
pseudoharengus); hickory shad (Alosa mediocris); American shad (Alosa
sapidissima); blueback herring (Alosa aestivalis); sea ravens
(Hemitripterus americanus); Atlantic croaker (Micropogonias undulatus);
spot (Leiostomus xanthurus); swordfish (Xiphias gladius); 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 two hundred lobsters, whichever is less.
(4) Net stowage requirements. A net that is stowed and is not
available for immediate use conforms to one of the following
specifications:
(i) A net stowed below deck, provided:
(A) It is located below the main working deck from which the net is
deployed and retrieved;
(B) The towing wires, including the leg wires, are detached from
the net; and
(C) It is fan-folded (flaked) and bound around its circumference;
or
(ii) A net stowed and lashed down on deck, provided:
(A) It is fan-folded (flaked) and bound around its circumference;
(B) It is securely fastened to the deck or rail of the vessel; and
(C) The towing wires, including the leg wires, are detached from
the net; or [[Page 19375]]
(iii) A net that is on a reel and is covered and secured, provided:
(A) The entire surface of the net is covered with canvas or other
similar material that is securely bound;
(B) The towing wires, including the leg wires, are detached from
the net; and
(C) The codend is removed from the net and stored below deck; or
(iv) Nets that are secured in a manner authorized in writing by the
Regional Director.
(5) Addition or deletion of exemptions. The Regional Director may
add exemptions of species if he/she makes a determination that the
fishery in which the species are fished for or caught, after
considering the gear used, area where the fishery occurs and other
relevant factors, has a catch of less than 5 percent by weight of
regulated species. The Regional Director may delete an existing
exemption if he/she makes a determination that the catch of regulated
species is greater than or equal to 5 percent by weight. Notification
of additions or deletions will be made through publication of a rule in
the Federal Register.
(d) Mid-Atlantic regulated mesh area--(1) Area definition. The Mid-
Atlantic regulated mesh area is that area bounded on the east by a line
running from the shoreline along 72 deg.30' west longitude to the
intersection of the outer boundary of the EEZ (see Figure 1 to part
651).
(2) Mesh-size restrictions. Except as provided in paragraphs
(d)(3), (e), (f), and (j) of this section, the minimum mesh size for
any trawl net, sink gillnet, Scottish seine, purse seine, or midwater
trawl in use, or available for immediate use as described under
paragraph (c)(4) of this section, by a vessel fishing in the Mid-
Atlantic regulated mesh area shall be that specified in the summer
flounder regulations at Sec. 625.24(a) of this chapter. This
restriction does not apply to vessels that have not been issued a
multispecies finfish permit under Sec. 651.4 and are fishing
exclusively in state waters.
(3) Exemptions--(i) Species exempt. Butterfish, dogfish, herring,
mackerel, ocean pout, scup, shrimp, summer flounder, silver hake
(whiting), weakfish, and scallops fished for in, or harvested from, the
Mid-Atlantic regulated mesh area have been found to meet the exemption
qualification requirements specified in paragraph (d)(4) of this
section. Therefore, vessels subject to the mesh restrictions specified
in paragraph (d)(2) of this section may fish for, harvest, possess or
land any of the above-mentioned species with nets of mesh smaller than
the minimum size specified in paragraph (d)(2) of this section in the
Mid-Atlantic regulated mesh area, provided such vessels comply with the
requirements specified in paragraph (d)(3)(ii) of this section.
(ii) Possession and net stowage requirements. Vessels may possess
regulated species while in possession of nets with mesh less than the
minimum size specified in paragraph (d)(2) of this section, provided
that the nets are stowed and are not available for immediate use in
accordance with paragraph (c)(4) of this section, and provided that
regulated species were not harvested by nets of mesh size smaller than
the minimum mesh size specified in paragraph (d)(2) of this section.
Vessels fishing for the exempted species identified in paragraph
(d)(3)(i) of this section may also possess and retain the following
species, with the restrictions noted, as incidental take to these
exempted fisheries: Conger eels (Conger oceanicus); searobins (species
in the family Triglidae); black sea bass (Centropristis striata); red
hake; tautog (blackfish) (Tautoga onitis); blowfish (puffer) (species
in the family Tetraodontidae); cunner (Tautogolabrus adspersus); John
Dory (Zenopsis conchifera); mullet (species in the family Mugilidae);
bluefish (Pomatomus saltatrix); tilefish (Lopholatilus
chamaeleonticeps); longhorn sculpin (Myoxocephalus octodecimspinosus);
fourspot flounder (Paralichthys oblongus); alewife (Alosa
pseudoharengus); hickory shad (Alosa mediocris); American shad (Alosa
sapidissima); blueback herring (Alosa aestivalis); sea ravens
(Hemitripterus americanus); Atlantic croaker (Micropogonias undulatus);
spot (Leiostomus xanthurus); swordfish (Xiphias gladius); skate
(species in the family Rajidae); 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 two hundred
lobsters, whichever is less.
(4) Addition or deletion of exemptions. The Regional Director may
add exemptions of species if he/she makes a determination that the
fishery in which the species are fished for or caught, after
considering the gear used, area where the fishery occurs and other
relevant factors, has a catch of less than 5 percent by weight of
regulated species. The Regional Director may delete an existing
exemption if he/she makes a determination that the catch of regulated
species is greater than or equal to 5 percent by weight. Notification
of additions or deletions will be made through publication of a rule in
the Federal Register.
(e) Midwater trawl gear exemption. (1) For the GOM/GB, JL/SB, and
Nantucket Lightship regulated mesh areas south of 42 deg.20' N.
latitude, fishing for Atlantic herring or blueback herring, mackerel,
and squid may take place throughout the fishing year with midwater
trawl gear of mesh size less than the regulated size, provided that:
(i) Midwater trawl gear is used exclusively;
(ii) The vessel deploying midwater gear is issued an authorizing
letter by the Regional Director;
(iii) The authorizing letter is on board the vessel; and
(iv) The vessel does not fish for, possess, or land multispecies
finfish.
(v) The vessel only fishes for, possesses, or lands Atlantic
herring, blueback herring, mackerel, or squid in areas south of
42 deg.20' N. lat., and Atlantic herring, blueback herring, or mackerel
in areas north of 42 deg.20' N. lat.
(2) For the GOM/GB and JL/SB regulated mesh areas north of
42 deg.20' N. lat., fishing for Atlantic herring or blueback herring
and for mackerel may take place throughout the fishing year with
midwater trawl gear of mesh size less than the regulated size, provided
that the requirement of paragraphs (e)(1) (i) through (v) of this
section are met.
(f) Purse seine gear exception. For the GOM/GB, JL/SB, and
Nantucket Lightship regulated mesh areas, fishing for Atlantic herring
or blueback herring, mackerel, and menhaden may take place throughout
the fishing year with purse seine gear of mesh size less than the
regulated size, provided that:
(1) Purse seine gear is used exclusively;
(2) The vessel deploying the purse seine gear is issued an
authorizing letter by the Regional Director;
(3) The authorizing letter is on board the vessel; and
(4) The vessel does not fish for, possess, or land multispecies
finfish.
(5) The vessel only fishes for, possesses, or lands Atlantic
herring, blueback herring, mackerel, or menhaden.
* * * * *
(i) Scallop dredge vessel restrictions. Scallop vessels using
scallop dredge gear that possess a limited access scallop permit under
Sec. 650.4(a) of this chapter and are not fishing under the scallop
days-at-sea program described in Sec. 650.24 of this chapter, or
scallop dredge vessels that possess a General scallop permit under
Sec. 650.4(b) of this chapter, are prohibited from fishing for,
possessing on board, or landing any species of fish other than 400
pounds (181.44 kg) of shucked scallops, or 50 [[Page 19376]] U.S.
bushels (17.62 hl) of in-shell scallops as specified under Secs. 650.24
and 650.4(b) of this chapter. Vessels fishing under the state waters
exemption program in Sec. 650.27 of this chapter are exempt from this
restriction. Vessels subject to this restriction, when fishing in the
areas specified in paragraphs (a)(3), (a)(4), (c)(1) and (d)(1) of this
section, may retain the exempted small-mesh species as provided under
the small-mesh exemptions specified under paragraphs (a)(3)(i),
(a)(4)(i), (c)(3), and (d)(3), respectively, of this section.
(j) State waters winter flounder exemption. Any vessel issued a
Federal multispecies permit under this part may fish for, possess, or
land winter flounder subject to possession limits specified at
Sec. 651.27(a)(2), while fishing with nets of mesh smaller than the
minimum size specified in paragraphs (a)(2), (c)(2) and (d)(2) provided
that:
(1) The vessel has on board a certificate approved by the Regional
Director and issued by the state agency authorizing the vessel's
participation in the state's winter flounder fishing program and is in
compliance with the applicable state laws pertaining to minimum mesh
size for winter flounder;
(2) Fishing is conducted exclusively in the waters of the state
from which the certificate was obtained;
(3) The state's winter flounder plan has been approved by the
Atlantic States Marine Fisheries Commission (ASMFC) as being in
compliance with the ASMFC Winter Flounder Fishery Management Plan;
(4) The state elects, by a letter to the Regional Director, to
participate in the exemption program described by this section;
(5) The vessel does not enter or transit the EEZ;
(6) The vessel does not enter or transit the waters of another
state unless such other state is participating in the exemption program
described by this section and the vessel is enrolled in that state's
program;
(7) The vessel does not fish for, possess, or land any regulated
species, exclusive of winter flounder;
(8) The vessel does not fish for, possess, or land any species of
fish other than winter flounder and the exempted small mesh species
specified under (a)(3)(i), (c)(3), and (d)(3) of this section when
fishing in the areas specified under (a)(3), (c)(1), and (d)(1) of this
section, respectively; and
(9) The vessel complies with all other applicable requirements.
7. Section 651.21 is revised to read as follows:
Sec. 651.21 Closed areas.
(a) Closed Area I. (1) No fishing vessel or person on a fishing
vessel may enter, fish, or be in the area known as Closed Area I
(Figure 3 to part 651), as defined by straight lines connecting the
following points in the order stated, except as specified in paragraphs
(a)(2) and (d) of this section:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
CI1...................... 41 deg.30' N. 69 deg.23' W.
CI2...................... 40 deg.45' N. 68 deg.45' W.
CI3...................... 40 deg.45' N. 68 deg.30' W.
CI4...................... 41 deg.30' N. 68 deg.30' W.; and
CI1...................... 41 deg.30' N. 69 deg.23' W.
------------------------------------------------------------------------
(2) Paragraph (a)(1) of this section does not apply to persons on
fishing vessels or fishing vessels:
(i) Fishing with or using pot gear designed and used to take
lobsters, or pot gear designed and used to take hagfish (Myxine
glutinosa), and that have no other gear on board capable of catching
multispecies finfish; and
(ii) Fishing with or using pelagic hook or longline gear or harpoon
gear, provided that there is no retention of regulated species, and
provided that there is no other gear on board capable of catching
multispecies finfish.
(b) Closed Area II. (1) No fishing vessel or person on a fishing
vessel may enter, fish, or be in the area known as Closed Area II
(Figure 3 to part 651), as defined by straight lines connecting the
following points in the order stated, except as specified in paragraph
(b)(2) of this section:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
ClI1..................... 41 deg.00' N. 67 deg.20' W.
ClI2..................... 41 deg.00' N. 66 deg.35.8' W.
G5....................... 41 deg.18.6' N. 66 deg.24.8' W. (the U.S.-
Canada Maritime
Boundary)
ClI3..................... 42 deg.22' N. 67 deg.20' W. (the U.S.-
Canada Maritime
Boundary); and
ClI1..................... 41 deg.00' N. 67 deg.20' W.
------------------------------------------------------------------------
(2) Paragraph (b)(1) of this section does not apply to persons on
fishing vessels or fishing vessels:
(i) Fishing with or using pot gear designed and used to take
lobsters, or pot gear designed and used to take hagfish (Myxine
glutinosa), and which have no other gear on board capable of catching
multispecies finfish;
(ii) Fishing with or using pelagic hook or longline gear or harpoon
gear, provided that there is no retention of regulated species, and
provided that there is no other gear on board capable of catching
multispecies finfish; and
(iii) Transitting for safety reasons provided that:
(A) The operator has determined that there is a compelling safety
reason; and
(B) Fishing gear is stowed in accordance with paragraph (e) of this
section.
(c) Nantucket Lightship Closed Area. (1) No fishing vessel or
person on a fishing vessel may enter, fish, or be in the area known as
the Nantucket Lightship Closed Area (Figure 3 to part 651), as defined
by straight lines connecting the following points in the order stated,
except as specified in paragraphs (c)(2) and (d) of this section:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
G10...................... 40 deg.50' N. 69 deg.00' W.
CN1...................... 40 deg.20' N. 69 deg.00' W.
CN2...................... 40 deg.20' N. 70 deg.20' W.
CN3...................... 40 deg.50' N. 70 deg.20' W.; and
G10...................... 40 deg.50' N. 69 deg.00' W.
------------------------------------------------------------------------
(2) Paragraph (c)(1) of this section does not apply to persons on
fishing vessels or fishing vessels:
(i) Fishing with or using pot gear designed and used to take
lobsters, or pot gear designed and used to take hagfish (Myxine
glutinosa), and which have no other gear on board capable of catching
multispecies finfish;
(ii) Fishing with or using pelagic hook or longline gear or harpoon
gear, provided that there is no retention of regulated species, and
provided that there is no other gear on board capable of catching
multispecies finfish;
(iii) Fishing with or using dredge gear designed and used to take
ocean quahogs or surf clams, and which have no other gear on board
capable of catching multispecies finfish; and
(iv) Classified as charter, party or recreational vessel provided
that,
(A) If the vessel is a party or charter vessel: It has an
authorizing letter issued by the Regional Director on board;
(B) Fish harvested or possessed by the vessel are not sold or
intended for trade, barter or sale, regardless of where the fish are
caught; and
(C) It has no gear other than rod and reel or handline gear on
board.
(d) Transitting. Vessels may transit Closed Area I and the
Nantucket Lightship Closed Area as defined in paragraphs (a)(1) and
(c)(1) of this section, provided that their gear is stowed in
accordance with the provisions of paragraph (e) of this section.
[[Page 19377]]
(e) Gear stowage requirements. Vessels transitting the closed areas
specified under paragraph (a)(1), (b)(1), or paragraph (c)(1) of this
section must stow their gear as follows:
(1) Net vessels may not have fishing gear available for immediate
use as specified in Sec. 651.20(c)(4).
(2) Scallop dredge vessels must detach the towing wire from the
scallop dredge, reel the wire up onto the winch, and secure and cover
the dredge so that it is rendered unusable for fishing.
(3) Hook gear vessels using gear other than pelagic hook gear must
secure all anchors and buoys, and have all hook gear, including jigging
machines, covered.
(4) Sink gillnet vessels must cover all nets with canvas or other
similar material and lash or otherwise securely fasten the nets to the
deck or rail, and must have all buoys larger than six inches (15.24 cm)
in diameter, high flyers and anchors disconnected.
8. In Sec. 651.22, paragraphs (c), (d), and (e) are revised to read
as follows:
Sec. 651.22 Effort-control program for limited access vessels.
* * * * *
(c) Fleet Days-at-Sea program. (1) Beginning on May 1, 1994, all
vessels issued a limited access permit that are longer than 45 ft (13.7
m) in length that have not elected to fish under the Individual DAS
program as specified in paragraph (a) of this section shall be subject
to the following effort-control requirements:
(i) Days in which vessels may not possess more than the possession
limit of regulated species as specified in Sec. 651.27(a).
(A) During each fishing year, beginning with 1994, vessel owners of
all such vessels must declare periods of time out of the multispecies
fishery totaling at least the minimum number of days listed for each
such fishing year in the following schedule. Each period of time
declared must be at least 20 consecutive days. At least one 20-
consecutive-day period must be declared or taken between May 1 and May
31, or between March 1 and April 10, of each fishing year. Each fishing
year shall begin on May 1 and extend 12 months through April 30 of the
following year.
------------------------------------------------------------------------
Days out of
Fishing year multispecies
fishing
------------------------------------------------------------------------
1994...................................................... 80
1995...................................................... 80
1996...................................................... 128
1997...................................................... 165
1998...................................................... 200
1999...................................................... 233
------------------------------------------------------------------------
(B) During each period of time declared, the applicable vessel may
not possess more than the possession limit of regulated species as
specified in Sec. 651.27(a).
(C) Adjustments to the schedule of days out of the multispecies
fishery, if required to meet fishing mortality reduction goals, may be
made following a reappraisal and analysis under the framework
provisions specified in subpart C of this part.
(D) Procedure for declaring days. Fleet DAS participants shall
declare their periods of required time under paragraph (c)(1)(i) of
this section, following the notification procedures specified in
Sec. 651.29(b).
(E) If a vessel owner has not declared, or taken, the period of
time required between May 1 and May 31, or between March 1 and April
10, of each fishing year on or before April 11 of each such year, the
vessel is subject to the possession limit specified under
Sec. 651.27(a) during the period April 11 through April 30, inclusive.
(F) If a vessel owner has not declared, or taken, any or all of the
remaining periods of time required under paragraph (c)(1)(i) of this
section, by the last possible date to meet the requirement, the vessel
is subject to the possession limit specified under Sec. 651.27(a) from
that date through the end of the fishing year.
(ii) Layover day requirement. (A) Fleet DAS participants engaged in
a fishing trip that is not during the period of time declared pursuant
to paragraph (c)(1)(i) of this section and that is longer than 24 hours
must tie-up at the dock at the end of such trip for a period equal to
half the time of the DAS accrued on the trip, based on hourly
increments, as recorded through the notification procedures specified
in Sec. 651.29(b).
(B) Accrual of DAS. DAS under the card or call-in notification
systems, described in Sec. 651.29 (b) and (d), respectively, shall
accrue in hourly increments with all partial hours counted as full
hours. A DAS, under either the card or call-in notification system,
begins once the card has been read by the reader, or the phone call has
been received, and confirmation has been given by the Regional
Director. A DAS ends under either the card or phone notification
system, when after returning to port, the card has been read by the
reader, or the phone call has been received, and confirmation has been
given by the Regional Director.
(C) Tie-up time begins to accrue when the Regional Director is
notified through the monitoring system that the trip is ended.
(D) A vessel that remains tied to the dock beyond the time required
will not be credited with the additional time.
(E) A vessel required to be tied-up at the dock under this part may
not fish or leave the dock under any capacity during the tie-up period
unless authorized by the Regional Director.
(2) [Reserved]
(d) Exemptions from effort reduction program--(1) Small boat. (i)
Beginning on May 1, 1994, vessels issued a limited access permit under
Sec. 651.4(a) that are 45 ft (13.7 m) or less in length overall, except
vessels using sink gillnet gear, will be exempt from the effort
reduction program if the vessel and vessel owner comply with the
following:
(A) Determination of the length will be through the measurement
along a horizontal line drawn from a perpendicular raised from the
outside of the most forward portion of the stem of the vessel to a
perpendicular raised from the after most portion of the stern;
(B) To be eligible for the small-boat exemption, vessels for which
construction is begun after May 1, 1994, must be 45 feet (13.7 m) or
less in length and must be constructed such that the product of the
overall length divided by the beam will not be less than 2.5; and
(C) The measurement of length overall must be verified using
documentation that accurately states length overall as described in
paragraph (c)(1)(i)(A) of this section. Acceptable documentation
includes U.S. Coast Guard documentation on vessels built after 1984,
written verification from a qualified marine surveyor or the builder,
or the vessel's construction plans. A copy of the length overall
verification must accompany an application for a Federal multispecies
permit issued under Sec. 651.4.
(ii) Vessels fishing under the small boat exemption must bring all
gear back to port at the conclusion of a fishing trip, except gillnets
and gear not intended to fish for multispecies finfish, such as
lobster.
(iii) Adjustments to the small-boat exemption, including changes to
the length requirement, if required to meet fishing mortality reduction
goals, may be made following a reappraisal and analysis under the
framework provisions specified in subpart C of this part.
(2) Sink gillnet vessels. (i) A sink gillnet vessel greater than 45
ft (13.7 m) in length is exempt from the DAS effort
[[Page 19378]] reduction program of this part on all fishing trips
during which the vessel fishes for multispecies exclusively with sink
gillnet gear, and does not have other gear available for immediate use
as described in Sec. 651.20(c)(4), if the vessel owner or owner's
authorized representative complies with monitoring requirements set
forth in Sec. 651.28(c), unless effort reduction measures are
implemented pursuant to subpart C of this part.
(ii) A sink gillnet vessel greater than 45 ft (13.7 m) in length
that intends to fish for, possess or land, or does possess or land,
more than the possession limit of regulated species as specified in
Sec. 651.27(a) with gear other than sink gillnet gear, or has other
gear on board that is not stowed as described in Sec. 651.20(c)(4), at
any time during a calendar year, may fish under, and shall be subject
to, the DAS effort reduction program of this part, except on trips that
qualify for the exemption set forth in paragraph (d)(2)(i) of this
section;
(iii) A sink gillnet vessel 45 ft (13.7 m) or less in length is
exempt from the DAS effort reduction program of this part unless effort
reduction measures are implemented pursuant to subpart C of this part.
(3) Hook-gear-only vessels. Vessels issued a limited access permit
under Sec. 651.4(a) and fishing with per trip, or possessing on board
the vessel, no more than 4,500 rigged hooks are exempt from the effort
reduction program of this part, subject to the requirements specified
in Sec. 651.33.
(e) Scallop dredge vessels. Scallop dredge vessels issued a limited
access permit under Sec. 650.4(a) of this chapter, except for
combination vessels, may not participate in and are not subject to the
DAS program and may not possess regulated species.
9. In Sec. 651.23, paragraph (c) is revised to read as follows:
Sec. 651.23 Minimum fish size.
* * * * *
(c) The minimum fish size applies to the whole fish or to any part
of a fish while possessed on board a vessel, except as provided in
paragraph (d) of this section, and to whole fish only, after landing.
Fish or parts of fish must have skin on while possessed on board a
vessel and at the time of landing in order to meet minimum size
requirements. ``Skin on'' means the entire portion of the skin normally
attached to the portion of the fish or fish parts possessed.
* * * * *
10. Section 651.27 is revised to read as follows:
Sec. 651.27 Possession limits.
(a) Regulated species possession limit--(1) Small-mesh possession
restriction. Unless otherwise restricted pursuant to Sec. 651.20 (a),
(e), or (f), vessels with Federal multispecies permits issued under
this part and vessels in the EEZ that possess nets smaller than the
minimum size specified in Sec. 651.20, are prohibited from fishing for,
possessing on board, or landing regulated species, unless said net is
stowed and not available for immediate use in accordance with the
provisions of Sec. 651.20(c)(4) or unless the vessel is fishing for
winter flounder under the state waters winter flounder exemption
specified under Sec. 651.20(j).
(2) Large-mesh possession restriction. Vessels that are subject to
minimum possession restrictions that are fishing with nets that conform
to the minimum mesh size requirements specified in Sec. 651.20 may
possess and land up to 500 lb (226.8 kg) of regulated species subject
to the requirements of paragraphs (a)(2) (i) through (iii) of this
section, provided that the regulated species were not harvested by nets
of mesh size smaller than the minimum size specified in Sec. 651.20. A
limited access vessel subject to the DAS program, when not fishing
under the DAS program and fishing with a net of mesh size smaller than
the minimum size under the winter flounder exemption specified at
Sec. 651.21(j), may possess or land up to 500 lb (226.8 kg) of winter
flounder, and may not fish for, possess, or land other fish, except as
provided in Sec. 651.20(j)(8).
(i) Vessels subject to the large mesh possession restriction shall
have on board the vessel at least one standard box or one standard
tote.
(ii) The regulated species stored on board the vessel shall be
retained separately from the rest of the catch and shall be readily
available for inspection and for measurement by placement of the
regulated species in a standard box or standard tote if requested by an
authorized officer.
(iii) The maximum possession limit of regulated species, as
specified in paragraph (a)(2) of this section, is equal to 500 lb
(226.8 kg) or its equivalent as measured by the volume of four standard
boxes or five standard totes.
(b) Haddock possession limits--(1) Scallop dredge vessels.
(i) No person owning or operating a scallop dredge vessel issued a
permit under this part may land haddock from, or possess haddock on
board, a scallop dredge vessel, from January 1 through June 30.
(ii) No person owning or operating a scallop dredge vessel may
possess haddock in, or harvested from, the EEZ, from January 1 through
June 30.
(iii) From July 1 through December 31, scallop dredge vessels and
persons owning or operating scallop dredge vessels, are subject to the
haddock possession limitations and provisions specified in
Sec. 651.27(b)(2), unless otherwise restricted pursuant to
Sec. 651.20(i).
(2) Other vessels. (i) No person owning or operating a vessel
issued a permit under this part may land, or possess on board a vessel,
more than 500 lb (226.8 kg) of haddock.
(ii) No person may land or possess on board a vessel more than 500
lb (226.8 kg) of haddock in, or harvested from, the EEZ.
(iii) Vessels subject to the haddock possession limit shall have on
board the vessel at least one standard box or one standard tote.
(iv) The haddock stored on board the vessel shall be retained
separately from the rest of the catch and shall be readily available
for inspection and for measurement by placement of the haddock in a
standard box or standard tote if requested by an authorized officer.
(v) The haddock possession limit is equal to 500 lb (226.8 kg) or
its equivalent as measured by the volume of four standard boxes or five
standard totes.
11. Section 651.32 is revised to read as follows:
Sec. 651.32 Sink gillnet requirements to reduce harbor porpoise takes.
(a) General. In addition to the measures specified in Secs. 651.20
and 651.21, persons owning or operating vessels using, possessing on
board a vessel, unless stowed in accordance with Sec. 651.20(c)(4), or
fishing with, sink gillnet gear are subject to the following
restrictions unless otherwise authorized in writing by the Regional
Director:
(1) Area closed to sink gillnets. All persons owning or operating
vessels must remove all of their sink gillnet gear from, and may not
use, set, haul back, fish with, or possess on board, unless stowed in
accordance with Sec. 651.21(e)(4), a sink gillnet in the EEZ portion of
the areas and for the times specified in paragraphs (a)(1) (i) through
(iii) of this section; and, all persons owning or operating vessels
issued a Federal multispecies limited access permit must remove all of
their sink gillnet gear from, and may not use, set, haul back, fish
with, or possess on board a vessel, unless stowed in accordance with
Sec. 651.21(e)(4), a sink gillnet in the areas, and for the times
specified, in [[Page 19379]] paragraphs (a)(1) (i) through (iii) of
this section.
(i) Northeast Closure Area. During the period August 15 through
September 13 of each fishing year, the restrictions and requirements
specified in the introductory text of paragraph (a)(1) of this section
shall apply to an area known as the Northeast Closure Area, which is an
area bounded by straight lines connecting the following points in the
order stated (see Figure 4 to part 651).
Northeast Closure Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
NE1...................... Maine shoreline 68 deg.55.0' W.
NE2...................... 43 deg.29.6' N. 68 deg.55.0' W.
NE3...................... 44 deg.04.4' N. 67 deg.48.7' W.
NE4...................... 44 deg.06.9' N. 67 deg.52.8' W.
NE5...................... 44 deg.31.2' N. 67 deg.02.7' W.
NE6...................... Maine shoreline 67 deg.02.7' W.
------------------------------------------------------------------------
(ii) Mid-coast Closure Area. During the period November 1 through
November 30 of each fishing year, the restrictions and requirements
specified in the introductory text of paragraph (a)(1) of this section
shall apply to an area known as the Mid-coast Closure Area, which is an
area bounded by straight lines connecting the following points in the
order stated (see Figure 4 to part 651).
Mid-coast Closure Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
MC1...................... 42 deg.45' N. Massachusetts shoreline.
MC2...................... 42 deg.45' N. 70 deg.15' W.
MC3...................... 43 deg.15' N. 70 deg.15' W.
MC4...................... 43 deg.15' N. 69 deg.00' W.
MC5...................... Maine shoreline 69 deg.00' W.
------------------------------------------------------------------------
(iii) Massachusetts Bay Closure Area. During the period March 1
through March 30 of each fishing year, the restrictions and
requirements specified in the introductory text of paragraph (a)(1) of
this section shall apply to an area known as the Massachusetts Bay
Closure Area, which is an area bounded by straight lines connecting the
following points in the order stated (see Figure 4 to part 651).
Massachusetts Bay Closure Area
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
MB1...................... 42 deg.30' N. Massachusetts shoreline.
MB2...................... 42 deg.30' N. 70 deg.30' W.
MB3...................... 42 deg.12' N. 70 deg.30' W.
MB4...................... 42 deg.12' N. 70 deg.00' W.
MB5...................... Cape Cod shoreline 70 deg.00' W.
MB6...................... 42 deg.00' N Cape Cod shoreline.
MB7...................... 42 deg.00' N Massachusetts shoreline.
------------------------------------------------------------------------
(2) [Reserved]
(b) Framework adjustment. (1) By September 15 of each year, the
Council's Harbor Porpoise Review team (HPRT) shall complete an annual
review of harbor porpoise bycatch and abundance data in the Gulf of
Maine sink gillnet fishery, evaluate the impacts on other measures that
reduce harbor porpoise take, and may make recommendations on other
``reduction-of-take'' measures in light of the harbor porpoise
mortality reduction goals.
(2) At the first Council meeting following the HPRT annual meeting,
the team shall make recommendations to the Council as to what
adjustments or changes, if any, to the ``reduction-of-take'' measures
should be implemented in order to meet harbor porpoise mortality
reduction goals.
(3) The Council may request at any time that the HPRT review and
make recommendations on any alternative ``reduction-of-take'' measures
or develop additional ``reduction-of-take'' proposals.
(4) Upon receiving the recommendations of the HPRT, the Regional
Director will publish notification in the Federal Register of any
recommended changes or additions to the ``reduction-of-take'' measures
and provide the public with any necessary analysis and opportunity to
comment on any recommended changes or additions.
(5) After receiving public comment, the Council shall determine
whether to recommend changes or additions to the ``reduction-of-take''
measures at the second Council meeting following the meeting at which
it received the HPRT's recommendations.
(6) If the Council decides to recommend changes or additions to the
``reduction-of-take'' measures, it shall make such a recommendation to
the Regional Director, which must include supporting rationale, and, if
management measures are recommended, an analysis of impacts and a
recommendation to the Regional Director on whether to publish the
management measures as a final rule. If the Council recommends that the
management measures should be published as a final rule, the Council
must consider at least the factors specified in Sec. 651.40(d).
(7) The Regional Director may accept, reject, or, with Council
approval, modify the Council's recommendation, including the Council's
recommendation to publish a final rule. If the Regional Director does
not approve the Council's specific recommendation, he/she must provide
in writing to the Council the reasons for his/her action prior to the
first Council meeting following publication of his/her decision.
11. The figure added to part 651 at 59 FR 26978 (May 25, 1994) is
designated as Figure 4 to part 651.
12. Figure 5 to part 651 is removed and Figures 1 and 3 to part 651
are revised to read as follows:
BILLING CODE 3510-22-W
[[Page 19380]]
Figure 1 to Part 651--Regulated Mesh Areas
[GRAPHIC][TIFF OMITTED]TR18AP95.000
[[Page 19381]]
Figure 3 to Part 651--Closed Areas
[GRAPHIC][TIFF OMITTED]TR18AP95.001
[FR Doc. 95-9404 Filed 9-13-95; 8:50 am]
BILLING CODE 3510-22-C
