[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30435]


[[Page Unknown]]

[Federal Register: December 12, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 941236-4336; I.D. 111594A]
RIN 0648-AH46

 

Northeast Multispecies Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Emergency interim rule.

-----------------------------------------------------------------------

SUMMARY: NMFS, by emergency interim rule, amends the regulations 
implementing the Northeast Multispecies Fishery Management Plan (FMP). 
This emergency rule implements a simultaneous closure of redefined 
Closed Area I, the Nantucket Lightship Closed Area, and Closed Area II; 
a prohibition on scallop vessels in the closed areas; 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 6-inch (15.24-cm) square 
mesh codends; 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.

EFFECTIVE DATES: December 12, 1994, through March 12, 1995.

ADDRESSES: Copies of the Environmental Assessment (EA) supporting this 
action may be obtained from Jon C. Rittgers, Acting Regional Director, 
National Marine Fisheries Service, 1 Blackburn Drive, Gloucester, MA 
01930.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy or E. Martin Jaffe, 
NMFS, Fishery Policy Analysts, at 508-281-9252 or 508-281-9272.

SUPPLEMENTARY INFORMATION: The New England Fishery Management Council 
(Council) submitted Amendment 5 to the FMP to NMFS on September 27, 
1993. The Amendment contained provisions that the Council believed 
would eliminate the overfished condition of cod, yellowtail flounder, 
and haddock. Amendment 5 was approved by NMFS on January 3, 1994. Most 
measures were implemented on March 1, 1994.
    Meanwhile, NMFS issued an emergency rule, which was published in 
the Federal Register on January 3, 1994 (59 FR 26) and effective from 
January 3, 1994, through April 2, 1994, to protect the seriously 
depleted stocks of haddock. The emergency rule established a 500 lb 
(226.8 kg) possession limit for haddock; began the closure of an 
expanded Closed Area II on January 3, 1994, rather than February 1, 
1994; and implemented several other measures to protect haddock. The 
final rule implementing Amendment 5 on March 1, 1994, permanently put 
into place several measures that were contained in the emergency rule. 
Other measures in the emergency rule that were not contained in the 
proposed rule for Amendment 5 were continued in effect by the final 
rule, and would have expired on April 2, 1994, as provided by the 
emergency rule, but for its extension through further rulemaking, 
effective through June 30, 1994. The final rule for Amendment 6 to the 
FMP (59 FR 32134, June 22, 1994) was made effective beginning June 30, 
1994, and continued on a permanent basis three measures originally 
imposed by the January 3, 1994, emergency rule to protect depleted 
haddock stocks.
    Amendment 5 allows for regulatory adjustments through the framework 
abbreviated rulemaking procedure codified in 50 CFR part 651, subpart 
C. Although four frameworks have been implemented (Frameworks 1, 3, 4, 
and 6), only Framework 3 and Framework 6 pertain directly to increased 
protection of multispecies. Framework Adjustment 3 (59 FR 36725, July 
19, 1994) limited the amount of regulated species allowed on board 
vessels fishing with small mesh to either 500 lb (226.8 kg) or 10 
percent of the weight of non-regulated species, whichever is less. 
Framework Adjustment 6 (59 FR 47815, September 19, 1994) increased the 
minimum mesh size from 2\1/2\ inches (6.35 cm) to 3 inches (7.62 cm) in 
the Cultivator Shoal whiting (silver hake) fishery. Two other framework 
adjustments, Framework Adjustment 2 and Framework Adjustment 5, were 
withdrawn and put on hold, respectively.
    Following the Council's August 9-10, 1994, meeting, the Northeast 
Regional Stock Assessment Workshop (SAW) issued to the Council an 
unprecedented Special Advisory on Groundfish Status on Georges Bank 
along with its 18th Stock Assessment Report (SAW 18). The Advisory 
Report concluded that yellowtail flounder and haddock stocks have 
``collapsed'' and warned that the cod stock is in imminent danger of 
collapse, as well, unless the sharply declining trend in spawning stock 
biomass is halted. Hence the report advised that, for Georges Bank cod 
and yellowtail flounder, current fishing mortality rates would need to 
be reduced by 60 percent and 52 percent, respectively, just to achieve 
the maintenance level (i.e., the point at which stocks will cease, on 
average, to decline). The report advised that in order to avert a 
collapse of cod and improve the prospects of stock rebuilding for 
yellowtail, fishing mortality should be reduced to as low a level as 
possible, approaching zero.
    For Georges Bank cod, SAW 18 concluded that the fishing mortality 
rate increased from 0.3 in 1978 to a record high of 0.91 in 1993, well 
over twice the definition of the overfishing level specified in the 
FMP. The spawning stock biomass continued to decline from more than 
90,000 metric tons (mt) during the early 1980s to a record low of 
37,200 mt in 1993. Projections for 1994 indicate that the spawning 
stock biomass will decline further to record low levels around 19,000 
mt and that the landings for 1994 will be the lowest since the 1960s.
    SAW 18 results on the status of Georges Bank yellowtail flounder 
concluded that fishing mortality rates are about twice the overfishing 
level as defined in the FMP. Further, the spawning stock biomass of 
3,010 mt in 1993 has declined from a moderate level of 17,385 mt in 
1982 and from an earlier high of 25,000 mt in 1973.
    Similar grave reports came out of the last assessment for the 
Southern New England yellowtail flounder stock (Stock Assessment 
Workshop 17 (SAW 17)). Fishing mortality rates for this stock have been 
extremely high, reaching exploitation rates greater than 80 percent in 
recent years. In 1992, the exploitation rate was 84 percent, far 
exceeding the 35 percent exploitation rate associated with the 
overfishing definition. Spawning stock biomass declined 94 percent 
between 1989 and 1992, from 22,000 mt to 1,300 mt as the 1987 year 
class was removed from the spawning stock. Further, spawning stock 
biomass for 1993 has been projected to decline to 1,052 mt because year 
classes following the 1987 year class are weak. Recruitment in the last 
several years has been the lowest on record. Landings and spawning 
stock biomass for 1994 are projected to be less than 1,000 and 2,500 mt 
respectively, both well below average.
    The most recent assessment of haddock (Stock Assessment Workshop 13 
(SAW 13)) indicated that haddock spawning stock biomass on Georges Bank 
has been reduced from 130,000 mt in 1963 to an estimated 10,000 mt at 
the beginning of 1993, significantly lower than the 130,000 mt required 
to provide an annual maximum sustainable yield of 47,000 mt. The 
haddock stocks on Georges Bank and the Gulf of Maine are at all-time 
low levels of abundance, and the 1993 landings were the lowest in 
recorded history. Amendment 6 to the FMP and its Environmental 
Assessment/Regulatory Impact Review addressed the need for immediate 
action to protect these stocks. The conservation measures for haddock 
implemented under Amendment 6 have likely reduced fishing mortality and 
have afforded some protection to the spawning stock and to new 
recruits. The stock is still in a collapsed condition, but the harvest 
rate is probably below the level at which the stock is simply 
maintained.
    Amendment 5 was intended to eliminate overfishing of the primary 
multispecies stocks through incremental effort-reduction, mesh-size 
increase, and expanding spawning area closures, among other measures, 
over a 5- to 7-year period. When the Council adopted objectives for 
Amendment 5 more than 3 years ago, cod, haddock, and yellowtail 
flounder stocks were being fished at a rate that was, on average, twice 
what could be sustained over the long term, so a plan was designed to 
reduce fishing by half. However, during the development and 
implementation period of Amendment 5, fishing mortality rates increased 
and the downward trends in stock size and yields continued to 
accelerate. Given the new information presented at SAW 18, the recently 
imposed management measures in Amendment 5 are inadequate and will not 
achieve the reductions in fishing mortality rates needed to rebuild the 
multispecies stocks.
    In response to these new, alarming assessments and advice, the 
Council has begun the development of an FMP amendment (Amendment 7) to 
implement the recommendations of SAWs 17 and 18 for severely depleted 
multispecies stocks, including Georges Bank yellowtail flounder, 
Southern New England yellowtail flounder, haddock, Georges Bank cod, 
and others, as needed. To this effect, a notice of intent to prepare a 
supplemental environmental impact statement for Amendment 7 and a 
request for comments was published in the Federal Register on October 
27, 1994.
    Although the development of Amendment 7 is moving forward quickly, 
it will likely take several months for it to be completed and 
implemented, if approved. However, because the primary multispecies 
stocks have reached dangerously low levels, the Council and NMFS 
believe it is imperative that fishing effort on these stocks be 
curtailed as much as practicable on an immediate basis. The Council and 
NMFS are also concerned about displaced effort resulting from vessels 
re-directing their effort from Georges Bank multispecies stocks into 
other areas outside of Georges Bank and into other fisheries, creating 
ever more competition for fewer and fewer fish. Further, more and more 
vessels probably will be displaced into the small-mesh fisheries where 
there is sometimes a high rate of juvenile and legal-size multispecies 
bycatch. Given this concern, on October 27, 1994, the Council voted to 
recommend that the Secretary of Commerce (Secretary) take emergency 
action to implement immediate protective measures to slow the stock 
decline as much as practicable and to address the consequent effort 
displacement.
    Due to the very serious condition of the multispecies stocks and 
the need to begin addressing this crisis, NMFS believes that emergency 
action is warranted. These emergency measures build upon the existing 
provisions of Amendment 5 and are in no way a panacea for the 
multispecies fishery crises at hand. They are a set of initial measures 
addressing the immediate interim need to begin the process of 
curtailing fishing pressure on these stocks and addressing vessel 
displacement. The measures were selected among other options because 
they are relatively less controversial, as evidenced by the near 
unanimous support of the Council; the measures and the scope of their 
impacts can be relatively easily defined, given the emergency nature of 
this action and the need for a quick response, and the short timeframe 
available to implement emergency actions; and they are more narrowly 
focused and therefore more easily administered.
    NMFS has, therefore, determined it necessary to implement the 
following measures in the multispecies fishery as an emergency action. 
The first measure closes Area I (as defined in the Council's proposed 
FAAS 7), Area II, and the Nantucket Lightship Closed Area immediately 
and simultaneously. Because these areas all have historically high 
concentrations of various multispecies, closing them will help slow the 
decline of the stocks through a reduction in fishing mortality. Also, 
Area II is being closed earlier than currently required, and 
simultaneously with Area I and the Nantucket Lightship Area in order to 
protect against any effort displacement from one area to another while 
this measure is in effect.
    The second measure prohibits scallop vessels from the closed areas. 
Scallopers have been known to catch significant amounts of yellowtail 
flounder, as well as other multispecies. There have also been reports 
that scallop dredge gear disturbs the bottom and disrupts spawning 
activity; therefore, this measure will also help rebuild multispecies 
stocks in these areas.
    The third measure disallows any fishery utilizing mesh smaller than 
the minimum mesh size for regulated species, except for fisheries that 
have been determined to have a catch of less than 5 percent by weight 
of regulated species, and prohibits the possession of regulated species 
while fishing with small mesh. Current regulations limit possession of 
regulated species by vessels fishing with small mesh nets to the lesser 
of 10 percent of the total catch or 500 lb (226.8 kg). The Council is 
concerned about reports that this measure is being abused, resulting in 
increased mortality of juvenile multispecies stocks. Furthermore, 
recent anecdotal information indicates that there has been some 
perceivable recruitment in the Gulf of Maine haddock stock. This action 
will protect juvenile haddock, which if caught in a small-mesh fishery 
would have to be discarded.
    Because fishing effort will likely shift to small-mesh fisheries as 
the result of this emergency action, prohibiting the possession of 
regulated species in all areas while fishing with small mesh will 
remove any incentive to target multispecies stocks. The Council 
proposed that no fishery using small-mesh nets ``be allowed that has 
not been verified to have a catch of less than five percent by weight 
of regulated species. * * *'' The Regional Director has determined that 
the purse seine and midwater trawl fisheries in all areas, the shrimp 
fishery in the Gulf of Maine/Georges Bank regulated mesh area, the sea 
scallop net fishery in the Mid-Atlantic regulated mesh area, and the 
butterfish, dogfish, herring, Atlantic mackerel, ocean pout, scup, 
shrimp, squid, summer flounder, whiting, and weakfish fisheries in the 
Southern New England and Mid-Atlantic regulated mesh areas meet this 
requirement. The Regional Director may close these or other fisheries, 
based on a determination that the catch of regulated species is 5 
percent or more by weight, or may exempt a closed fishery, based on a 
determination that the catch of regulated species is less than 5 
percent by weight. Any such closure or exemption will be done through 
publication of a rule in the Federal Register.
    The fourth measure requires all mobile gear vessels fishing in the 
Stellwagen Bank and Jeffreys Ledge areas, with the exception of 
midwater trawl vessels, to use 6-inch (15.24-cm) square-mesh codends. 
This restriction is already in place under Amendment 5 during the 
period March 1 through July 31, and applies to the last 140 bars of the 
codend and extension piece. To address several recent concerns raised 
by the fishing industry--namely, small boats do not have nets as long 
as 140 bars--the Council voted to adjust this requirement such that 
vessels greater than 45 ft (13.7 m) must have 100 bars of square mesh 
in the codend and extension piece, and vessels 45 ft (13.7 m) and under 
must have 50 bars of square mesh in the codend and extension piece. 
Although this adjustment to the current FMP has not been submitted to 
NMFS, it is the clear intent of the Council and is, therefore, 
reflected in this emergency action. Because square mesh allows for 
better escapement of juvenile cod as well as other roundfish, this 
measure is being extended to protect this known productive fishing 
grounds; also, due to the area's close proximity to shore, this measure 
will serve as a protection against effort displacement. Further, 
protection is particularly warranted in light of recent research 
surveys by the Commonwealth of Massachusetts indicating the possibility 
that the 1993 year class of cod is better than expected in this general 
area. These new recruits will be very vulnerable to fishing in 1995 and 
this action has a high potential of protecting them.
    The fifth and final measure requires that the minimum mesh size in 
southern New England, east of 72 deg.30' W. lat., be set at 6-inch 
(15.24-cm) diamond or square, consistent with the mesh-size requirement 
in the Gulf of Maine and Georges Bank areas. Increasing the minimum 
diamond mesh size will increase the escapement of cod and other 
roundfish, thereby providing additional protection for juvenile and 
sub-legal fish. Vessels fishing near the boundary of the current 
Georges Bank Regulated Mesh Area will be required to use the same mesh 
as those fishing inside the area. Also, this measure will help protect 
an important component of the Georges Bank cod stock that migrates 
through the Nantucket Shoals area and waters south of Martha's Vineyard 
during the winter.
    Paragraph (a) of Sec. 651.32 is temporarily suspended and paragraph 
(c) of Sec. 651.32 is temporarily added to ensure that cross-
referencing between regulatory text temporarily added and regulatory 
text remaining unchanged in 50 CFR part 651 is accurate and meaningful.

Classification

    NMFS has determined that this rule is necessary to respond to an 
emergency situation and is consistent with the Magnuson Act and other 
applicable law.
    The Assistant Administrator for Fisheries, NOAA, also finds for 
good cause that the reasons justifying promulgation of this rule on an 
emergency basis also make it impracticable and contrary to the public 
interest to provide additional notice and opportunity for public 
comment, or to delay for 30 days the effective date of these emergency 
regulations, under the provisions of sections 553(b) and (d) of the 
Administrative Procedure Act. All of the measures have received some 
public comment during Council meetings and in connection with the 
development of Amendment 5 or proposed Amendment 7 to the FMP. 
Implementation of these emergency measures will provide much- needed 
immediate interim protection to declining multispecies stocks.
    This emergency rule has been determined to be not significant for 
purposes of E.O. 12866.
    This rule is exempt from the procedures of the Regulatory 
Flexibility Act to prepare a regulatory flexibility analysis because 
the rule is issued without opportunity for prior public comment. No 
analysis has been prepared.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 6, 1994.
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:

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. 651.9, paragraphs (a)(13), (e)(14) through (e)(21), 
(e)(28), (e)(29), and (e)(31) are temporarily suspended, and paragraphs 
(a)(15) and (e)(36) through (e)(51) are temporarily added, effective 
December 12, 1994, through March 12, 1995, to read as follows:


Sec. 651.9  Prohibitions.

    (a) * * *
    (15) Fish with, set, haul back, possess on board a vessel, unless 
stowed in accordance with Sec. 651.20(c)(7), or fail to remove, a sink 
gillnet from the area and for the times specified in Sec. 651.32(c), 
unless authorized in writing by the Regional Director.
* * * * *
    (e) * * *
    (36) Fish with or possess within the areas described in 
Sec. 651.20(a)(1) nets of mesh smaller than the minimum size specified 
in Sec. 651.20(a)(6), unless the vessel is exempted under 
Sec. 651.20(a)(7) or (9), or unless the vessel qualifies for the 
exception specified in paragraph (e)(1)(ii) of this section.
    (37) Fish with or possess within the area described in 
Sec. 651.20(b)(1), nets of mesh smaller than the minimum size specified 
in Sec. 651.20(b)(3), unless the vessel qualifies for the exception 
specified in paragraph (e)(1)(ii) of this section.
    (38) Fish with or possess within the area described in 
Sec. 651.20(c)(1), nets of mesh smaller than the minimum size specified 
in Sec. 651.20(c)(5), unless the vessel is exempted under 
Sec. 651.20(c)(6), or unless the vessel qualifies for the exception 
specified in paragraph (e)(1)(ii) of this section.
    (39) Fish with or possess within the areas described in 
Sec. 651.20(d)(1), nets of mesh smaller than the minimum size specified 
in Sec. 651.20(d)(4), unless the vessel is exempted under 
Sec. 651.20(d)(5), or unless the vessel qualifies for the exception 
specified in paragraph (e)(1)(ii) of this section.
    (40) Enter the area described in Sec. 651.21(d)(1) on a fishing 
vessel, except as specified in Sec. 651.21(d)(1)(ii).
    (41) Fish with, set, haul back, have on board a fishing vessel, or 
fail to remove sink gillnet gear in or from the area specified in 
Sec. 651.21(d)(1).
    (42) Enter the area described in Sec. 651.21(d)(2) on a fishing 
vessel, except as specified in Sec. 651.21(d)(2)(ii).
    (43) Enter the area described in Sec. 651.21(d)(3) on a fishing 
vessel, except as provided in Sec. 651.21(d)(3)(ii).
    (44) 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)(7).
    (45) Fail to comply with the requirements as specified in 
Sec. 651.20(a)(8).
    (46) Fish with, set, haul back, possess on board a vessel, unless 
stowed in accordance with Sec. 651.20(c)(7), or fail to remove a sink 
gillnet from the EEZ portion of the areas and for the times specified 
in Sec. 651.32(c), unless authorized in writing by the Regional 
Director.
    (47) Violate any of the provisions of Sec. 651.20(a)(9).
    (48) Possess or land fish within the area described in 
Sec. 651.20(a)(1) while in possession of nets of mesh smaller than the 
minimum size specified in Sec. 651.20(a)(6), unless the vessel is 
exempted under Sec. 651.20(a)(7) or qualifies for the exception 
specified in paragraph (e)(1)(ii) of this section.
    (49) Possess fish within or land fish from the area described in 
Sec. 651.20(b)(1) while in possession of nets of mesh smaller than the 
minimum size specified in Sec. 651.20(b)(3), or unless the vessel 
qualifies for the exception specified in paragraph (e)(1)(ii) of this 
section.
    (50) Possess or land regulated species within the area described in 
Sec. 651.20(c)(1), while in possession of nets of mesh smaller than the 
minimum size specified in Sec. 651.20(c)(5), unless the vessel and the 
small mesh nets conform with the requirements of Sec. 651.27(a), or 
unless the vessel qualifies for the exception specified in paragraph 
(e)(1)(ii) of this section.
    (51) Possess or land regulated species within the area described in 
Sec. 651.20(d)(1), while in possession of nets of mesh smaller than the 
minimum size specified in Sec. 651.20(d)(4), unless the vessel and the 
small mesh nets conform with the requirements of Sec. 651.27(a), or 
unless the vessel qualifies for the exception specified in paragraph 
(e)(1)(ii) of this section.
* * * * *
    3. In Sec. 651.20, paragraphs (a)(2) through (a)(5), (b)(2), (c)(2) 
through (c)(4), (d)(2), (d)(3), (e)(1)(iv), (e)(2), and (f)(4) are 
temporarily suspended, and paragraphs (a)(6) through (a)(10), (b)(3), 
(c)(5) through (c)(8), (d)(4) through (d)(6), (e)(1)(v), (e)(1)(vi), 
(e)(3), (f)(5), and (f)(6) are temporarily added, effective December 
12, 1994, through March 12, 1995, to read as follows:


Sec. 651.20  Regulated mesh areas and restrictions on gear and methods 
of fishing.

* * * * *
    (a) * * *
    (6) Mesh-size restrictions. Except as provided in paragraphs (a)(7) 
through (a)(9), (e), and (f) of this section, the minimum mesh size for 
any trawl net, sink gillnet, Scottish seine, purse 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 ft2 
(0.81 m2)), or to vessels that have not been issued a Federal 
multispecies permit and that are fishing exclusively in state waters.
    (7) Northern shrimp exemption. The Northern shrimp fishery has been 
found to meet the exemption qualification requirements specified in 
paragraph (a)(10) of this section. Therefore, vessels subject to the 
mesh restrictions specified in paragraph (a)(6) 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)(6) of this 
section in the Northern Shrimp Exemption Area, if the vessel complies 
with the requirements specified in paragraphs (a)(7)(i) through (iii) 
of this section. The Northern Shrimp Exemption Area is defined by 
straight lines connecting the following points in the order stated:

                     Northern Shrimp 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. A vessel may not fish for, possess on board 
or land multispecies finfish.
    (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)(6) 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 forward of the grate to direct catch towards the grate.
    (iii) A vessel may only fish for or harvest northern shrimp 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.
    (8) Stellwagen Bank/Jeffreys Ledge (SB/JL) juvenile protection 
area. The minimum mesh size of all mobile net gear 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) and less, and 
in the last 100 bars of the codend and extension piece for vessels 
greater than 45 ft (13.7 m), except as provided for in paragraphs (e) 
and (f) of this section.
    (i) The SB/JL juvenile protection area is defined by straight lines 
connecting the following points in the order stated:

                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..          1336944445
JL2.............  43 deg.09.5' N..  70 deg.08.0' W..          1343744445
JL3.............  42 deg.57.0' N..  70 deg.08.0' W..          1351244384
JL4.............  42 deg.52.0' N..  70 deg.21.0' W..          1363144384
JL5.............  42 deg.41.5' N..  70 deg.32.5' W..          1375244352
JL6.............  42 deg.34.0' N..  70 deg.26.2' W..          1375244300
JL7.............  42 deg.55.2' N..  70 deg.00.0' W..          1347444362
JL1.............  43 deg.12.7' N..  70 deg.00.0' W..          1336944445
------------------------------------------------------------------------

    (ii) Fishing for northern shrimp in the SB/JL juvenile protection 
area is allowed, subject to the requirements of paragraph (a)(7) of 
this section.
    (9) Transitting. Vessels subject to the mesh requirements specified 
in paragraph (a)(6) of this section may transit through the Northern 
Shrimp Exemption Area defined in paragraph (a)(7) of this section with 
nets on board with mesh smaller than the minimum size specified in 
paragraph (a)(6) of this section, provided that the nets are stowed in 
accordance with the provisions of paragraph (c)(7) of this section, and 
provided the vessel has no fish on board.
    (10) Addition or deletion of exemptions. The Regional Director may 
add exemptions if he/she makes a determination that the exempted 
fishery, gear, and/or area 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) * * *
    (3) Mesh-size restriction. Except as provided in paragraphs (e) and 
(f) of this section, the minimum mesh size for any trawl net, sink 
gillnet, Scottish seine, purse seine or midwater trawl on a vessel or 
used by a vessel fishing in the Nantucket Lightship regulated mesh area 
shall be 6 inches (15.24 cm) square or diamond mesh throughout the 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 ft\2\ (0.81 m\2\)).
    (c) * * *
    (5) Mesh-size restriction. Except as provided in paragraphs (c)(6), 
(e), and (f) 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 use as described under paragraph (c)(7) 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.
    (6) Exemptions.
    (i) Fisheries exempt. The butterfish, dogfish, herring, mackerel, 
ocean pout, scup, shrimp, squid, summer flounder, whiting, and weakfish 
fisheries in the Southern New England regulated mesh area have been 
found to meet the exemption qualification requirements specified in 
paragraph (c)(8) of this section. Therefore, vessels subject to the 
mesh restrictions specified in paragraph (c)(5) 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)(5) of this section in the Southern New England regulated mesh area, 
provided such vessels comply with the requirements specified in 
paragraph (c)(6)(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)(5) of this section, provided 
that the nets are stowed and are not available for immediate use in 
accordance with paragraph (c)(7) 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)(5) of this section. 
Vessels may only fish for butterfish, dogfish, herring, mackerel, ocean 
pout, scup, shrimp, Loligo squid, Illex squid, summer flounder, whiting 
and/or weakfish with nets of mesh smaller than the minimum size 
specified in paragraph (c)(5) of this section. Vessels fishing for 
these species may also possess and retain the following species as 
incidental take to these exempted fisheries: conger eels, searobins, 
and black sea bass.
    (7) Net stowage requirements. Except as provided in paragraphs 
(c)(6) and (d)(5) of this section, a vessel holding a valid Federal 
multispecies permit under this part and fishing in the Southern New 
England or Mid-Atlantic regulated mesh areas may not have available for 
immediate use any net, or any piece of a net, not meeting the 
requirements specified in paragraphs (c)(5) and (d)(4) of this section; 
and a vessel holding a valid multispecies permit while in the areas and 
for the times specified under Sec. 651.32(c), and any vessel while in 
the EEZ portion of the areas and for the times specified under 
Sec. 651.32(c), may not have available for immediate use any sink 
gillnet gear. A net that conforms to one of the following 
specifications and that can be shown not to have been in recent use is 
considered to be not ``available for immediate use'':
    (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
    (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.
    (8) Addition or deletion of exemptions. The Regional Director may 
add exemptions if he/she makes a determination that the exempted 
fishery, gear, and/or area 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) * * *
    (4) Mesh-size restrictions. Except as provided in paragraphs 
(d)(5), (e), and (f) 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 use as described under paragraph (c)(7) 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.
    (5) Exemptions. (i) Fisheries. The butterfish, dogfish, herring, 
mackerel, ocean pout, scup, shrimp, squid, summer flounder, whiting, 
weakfish, and scallop fisheries in the Mid-Atlantic regulated mesh area 
have been found to meet the exemption qualification requirements 
specified in paragraph (d)(6) of this section. Therefore, vessels 
subject to the mesh restrictions specified in paragraph (d)(4) 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)(4) of this section in the Mid-Atlantic 
regulated mesh area, provided such vessels comply with the requirements 
specified in paragraph (d)(5)(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)(4) of this section, provided 
that the nets are stowed and are not available for immediate use in 
accordance with paragraph (c)(7) 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)(4) of this section. 
Vessels may only possess butterfish, dogfish, herring, mackerel, ocean 
pout, scup, shrimp, Loligo squid, Illex squid, summer flounder, whiting 
and/or weakfish fisheries while fishing with nets of mesh smaller than 
the minimum size specified in paragraph (d)(4) of this section. Vessels 
fishing for these species may also possess and retain the following 
species as incidental take to these exempted fisheries: conger eels, 
searobins, and black sea bass.
    (6) Addition or deletion of exemptions. The Regional Director may 
add exemptions if he/she makes a determination that the exempted 
fishery, gear, and/or area 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) * * *
    (1) * * *
    (v) The vessel does not fish for, possess or land multispecies 
finfish.
    (vi) The vessel only fishes for, possesses or lands Atlantic 
herring, blueback herring, mackerel, or squid in areas south of 
42 deg.20' N. latitude, and Atlantic herring, blueback herring or 
mackerel in areas north of 42 deg.20' N. latitude.
* * * * *
    (3) 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) * * *
    (5) The vessel does not fish for, possess, or land multispecies 
finfish.
    (6) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or menhaden.
* * * * *
    4. In Sec. 651.21, paragraphs (a), (b), and (c) are temporarily 
suspended, and paragraph (d) is temporarily added, effective December 
12, 1994, through March 12, 1995, to read as follows:


Sec. 651.21  Closed areas.

* * * * *
    (d) Closed areas. (1) Closed Area I. (i) No fishing vessel or 
person on a fishing vessel may fish or be in the areas known as Closed 
Area I (Figure 5), as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraph 
(d)(1)(ii) 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.          
------------------------------------------------------------------------

    (ii) Paragraph (d)(1)(i) of this section does not apply to persons 
on fishing vessels or fishing vessels fishing with or using pot gear 
designed and used to take lobsters, and which have no other gear on 
board capable of catching multispecies finfish.
    (2) Closed Area II. (i) No fishing vessel or person on a fishing 
vessel may fish or be in the area known as Closed Area II (Figure 5), 
as defined by straight lines connecting the following points in the 
order stated, except as specified in paragraph (d)(2)(ii) 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.          
------------------------------------------------------------------------

    (ii) Paragraph (d)(2)(i) of this section does not apply to persons 
on fishing vessels or fishing vessels:
    (A) Fishing with or using pot gear designed and used to take 
lobsters, and which have no other gear on board capable of catching 
multispecies finfish;
    (B) Seeking safe haven from storm conditions in waters adjacent to 
the western edge of the closed area. Such fishing vessels may transit 
through the closed area providing that:
    (1) Gale, storm, or hurricane conditions are posted for the area by 
the National Weather Service;
    (2) Such vessels do not fish in the area;
    (3) Fishing gear is stowed in accordance with paragraph (c)(7) of 
Sec. 651.20; and
    (4) The vessel provides notice to a patrolling U.S. Coast Guard 
aircraft or vessel in the vicinity of Georges Bank by high frequency 
radio (2.182 Khz) of its intention of transitting the closed area, the 
time and position when the vessel enters the area and the time and 
position when the vessel exits the closed area.
    (3) Nantucket Lightship Closed Area. (i) No fishing vessel or 
person on a fishing vessel may fish or be in the area known as the 
Nantucket Lightship Closed Area (Figure 5), as defined by straight 
lines connecting the following points in the order stated, except as 
specified in paragraph (d)(3)(ii) 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.          
------------------------------------------------------------------------

    (ii) Paragraph (d)(3)(i) of this section does not apply to persons 
on fishing vessels or fishing vessels:
    (A) Fishing with or using pot gear designed and used to take 
lobsters, and which have no other gear on board capable of catching 
multispecies finfish; or
    (B) 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.
    5. In Sec. 651.22, paragraphs (d)(2)(i) and (d)(2)(ii) are 
temporarily suspended, and paragraphs (d)(2)(iv) and (d)(2)(v) are 
temporarily added, effective December 12, 1994, through March 12, 1995, 
to read as follows:


Sec. 651.22  Effort-control program for limited access vessels.

* * * * *
    (d) * * *
    (2) * * *
    (iv) A sink gillnet vessel greater than 45 ft (13.7 m) in length is 
exempt from the DAS effort 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)(7), 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.
    (v) 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)(7), 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)(iv) of this 
section.
* * * * *
    6. In Sec. 651.27, paragraphs (a) introductory text and (a)(1) 
through (a)(4) are temporarily suspended, and paragraphs (a)(5) and 
(a)(6) are temporarily added, effective December 12, 1994, through 
March 12, 1995, to read as follows:


Sec. 651.27  Possession limits.

    (a) * * *
    (5) Small-mesh possession restriction. Unless otherwise restricted 
pursuant to Sec. 651.20(a)(6), (b)(3), (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 regulated species, and are prohibited from 
possessing on board or landing regulated species, unless said net is 
stowed in accordance with the provisions of Sec. 651.20(c)(7).
    (6) 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)(6)(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.
    (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)(6) 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.
* * * * *
    7. In Sec. 651.32, paragraph (a) is temporarily suspended, and 
paragraph (c) is temporarily added, effective December 12, 1994, 
through March 12, 1995, to read as follows:


Sec. 651.32  Sink gillnet requirements to reduce harbor porpoise takes.

* * * * *
    (c) General. (1) 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)(7)), or fishing with sink gillnet gear are subject to 
the restrictions in paragraph (c)(2) of this section, unless otherwise 
authorized in writing by the Regional Director:
    (2) Areas closed to sink gillnets. (i) 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 a vessel 
(unless stowed in accordance with Sec. 651.20(c)(7)), a sink gillnet in 
the EEZ portion of the areas and for the times specified in paragraph 
(c)(2)(ii) 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. 651.20(c)(7)), a sink gillnet in the entire area at the times 
specified in paragraph (c)(2)(ii) of this section.
    (ii) Massachusetts Bay Closure Area. During the period March 1 
through March 30 of each fishing year, the restrictions and 
requirements specified in paragraph (c)(2)(i) 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 of this part).

                     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.            
------------------------------------------------------------------------

Figure 3 to Part 651 [Temporarily Suspended]

    8. Figure 3 to part 651 is temporarily suspended effective December 
12, 1994, through March 12, 1995, and Figure 5 is temporarily added 
effective December 12, 1994, through March 12, 1995, to read as 
follows:

BILLING CODE 3510-22-P

TR12DE94.000

[FR Doc. 94-30435 Filed 12-7-94; 1:37 pm]
BILLING CODE 3510-22-C