[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Proposed Rules]
[Pages 8540-8563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4709]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 960216032-6032-01; I.D. 021296E]
RIN 0648-AH70


Northeast Multispecies Fishery; Amendment 7

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 7 to the 
Northeast Multispecies Fishery Management Plan (FMP). These regulations 
would: Establish an annual target Total Allowable Catch (TAC) for 
regulated species; accelerate the current days-at-sea (DAS) effort 
reduction program; eliminate most of the current exemptions to the 
effort control program; add new closed areas; restrict fisheries in the 
Gulf of Maine/Georges Bank (GOM/GB) and Southern New England (SNE) 
regulated mesh areas having more than a minimal bycatch of regulated 
species; establish a possession limit for vessels 30 ft (9.1 m) or less 
in length; establish the current experimental Nantucket Shoals dogfish 
fishery as an exempted fishery; modify the permit categories; establish 
restrictions on charter or party, and recreational vessels; revise and 
expand the existing framework provisions; and revise the harbor 
porpoise protection framework procedures. The intended effect of this 
rule is to rebuild multispecies stocks.

DATES: Comments are invited on the proposed Amendment 7 and its 
supporting documents, including the regulatory impact review (RIR) and 
the initial regulatory flexibility analysis (IRFA) contained within the 
RIR, and the proposed rule through April 19, 1996.

ADDRESSES: Comments should be sent to Dr. Andrew A. Rosenberg, 
Director, NMFS, Northeast Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on 
Multispecies Plan.''
    Comments regarding burden-hour estimates for collection-of- 
information requirements contained in this proposed rule should also be 
sent to the Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Washington, D.C. 20503 (Attention: NOAA 
Desk Officer).
    Copies of proposed Amendment 7, its RIR and the IRFA contained 
within the RIR, and the Final Supplemental Environmental Impact 
Statement (FSEIS) are available from Douglas Marshall, Executive 
Director, New England Fishery Management Council, Suntaug Office Park, 
5 Broadway (US Rte. 1), Saugus, MA 01906-1097.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy 
Analyst, 508-281-9252.

SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 5 to the 
FMP were published on March 1, 1994 (59 FR 9872). Amendment 5's 
principal objective was to eliminate the overfished condition of the 
multispecies finfish stocks. An emergency rule to further protect the 
severely depleted haddock resource was issued by NMFS and published 
January 3, 1994 (59 FR 26). This rule was extended through further 
rulemaking and permanently became effective with the publication of 
Secretarial Amendment 6 to the FMP (59 FR 32134).
    Amendment 7 development began in response to an unprecedented 
report entitled, ``Special Advisory: Groundfish Status on Georges 
Bank,'' issued and delivered by the Northeast Regional Stock Assessment 
Workshop to the New England Fishery Management Council (Council) at its 
August 9-10, 1994, meeting. The Advisory announced that Amendment 5 to 
the FMP is inadequate to achieve the reductions in fishing mortality 
rates needed to rebuild the principal groundfish stocks of cod, haddock 
and yellowtail flounder and cautioned that fishing mortality ``should 
be reduced to as low a level as possible, approaching zero'' to prevent 
further decline and to rebuild already collapsed stocks.
    In response to this advice, the Council began development of 
Amendment 7 to the FMP. As an interim measure, the Council initiated, 
and NMFS approved, an emergency interim rule (59 FR 63926, December 12, 
1994) to afford some additional protection to the multispecies resource 
during the development of Amendment 7. This emergency action was 
extended on March 13, 1995 (60 FR 13078). At the request of the 
Council, NMFS approved Framework Adjustment 9 to the FMP (60 FR 19364, 
April 18, 1995) to implement measures contained in the emergency action 
on a permanent basis, until Amendment 7 could be finalized and 
implemented.
    Recent scientific information from the Northeast Fisheries Science 
Center (NEFSC) confirms that groundfish stocks are at historical lows. 
Results from Stock Assessment Workshop 19 (SAW 19), presented to the 
Council at its February 15-16, 1995, meeting concluded that GOM cod 
continues to be overexploited and exhibits persisting low biomass 
levels. Stock assessment scientists counsel that spawning stock biomass 
decline for GOM cod should be halted and reversed immediately. 
Similarly, results from SAW 20 on GB haddock, presented at the August 
10-11, 1995, Council meeting indicate that this stock remains in an 
overfished and collapsed condition and that fishing mortality needs to 
remain as low as possible.
    In addition, the most recent U.S. and Canadian bottom trawl survey 
indices, through fall 1995 for GB and SNE yellowtail flounder and GB 
and GOM cod, indicate no significant new recruitment in any of these 
stocks and suggest a continuation of consistently low biomass levels. 
Overall, there is very little recruitment and very low biomass levels 
observed for all of these stocks and conservation of the vulnerable 
existing year classes has become critical. In the absence of immediate 
measures to husband older year classes and begin stock rebuilding, 
scientists caution that the recovery period may be substantially 
lengthened.
    For haddock, both U.S. and Canadian survey results indicate a small 
amount of recruitment into the fishery, which, if mortality levels are 
kept low, may contribute to rebuilding these stocks.

Amendment 7

    This Amendment would implement Alternative 3 of the Council's 
Amendment 7 public hearing document as refined and modified by the 
Council for adoption as its preferred alternative. The foundation of 
this action is an acceleration of the Amendment 5 effort-reduction 
schedule. This action would build and expand upon the current 
management system, serving as a basic structure to be further developed 
by the Council through the framework process.

Disapproved Measures

    Three measures proposed in Amendment 7 have been disapproved by 
NMFS and are not included in this proposed rule. The allowance of 

[[Page 8541]]
additional DAS for trawl vessels in the Individual DAS category that 
use 8-inch mesh; the 300-lb (136.1-kg) possession allowance of 
regulated species for trawl vessels that use 8-inch mesh in an exempted 
fishery; and the establishment of a Limited Access permit category for 
vessels that fished in the Possession Limit Open Access category under 
Amendment 5, have been determined to be inconsistent with the national 
standards of the Magnuson Fishery Conservation and Management Act 
(Magnuson Act) or other applicable law.
    The first measure, which would grant additional DAS for large mesh 
trawl vessels, was proposed by the Council based on its policy to 
provide incentives for using mesh larger than the minimum size. The 
Council provided this incentive to trawl and gillnet vessels that would 
have received the Fleet category DAS allocation and to trawl vessels 
that would receive the Individual category DAS allocation, but did not 
provide it to the gillnet vessels that may be permitted in this 
category. This omission, whether intentional or unintentional, is 
inequitable; and was therefore disapproved, because it is inconsistent 
with Magnuson Act National Standard 4. Increased DAS for large mesh 
Fleet category vessels (both gillnet and trawls) was not disapproved, 
because no inequity is established within that category.
    The 300-lb (136.1-kg) allowance of regulated species bycatch for 
vessels fishing in an exempted fishery (i.e., a fishery that has less 
than five-percent bycatch of regulated species) was disapproved, 
because it conflicts with the Council's proposed exempted fishery 
measure. A fishery can be exempted only if sufficient information is 
available to demonstrate that it would have a minimal bycatch of 
regulated species, otherwise the fishery is not allowed. The exemption 
standard is a strong disincentive against regulated species bycatch. 
The 300-lb (136.1-kg) allowance would provide an incentive for 
regulated species bycatch, counteracting the effect of the bycatch 
prevention measure. Therefore, because this measure would counteract 
the conservation effect of the bycatch protection measures, it cannot 
be reasonably calculated to promote conservation; therefore it is 
inconsistent with National Standard 4.
    The proposed establishment of a new possession limit category was 
also disapproved. This category would establish an inequity and impose 
an undue administrative burden on NMFS. The Council set the possession 
limit for this category at zero, making it effectively more restrictive 
than the open access categories. Thus, a vessel applying to fish in 
this category would be committing to at least one year without the 
ability to land regulated species. The administrative burden of 
establishing this category is likely to be significant due to the 
permit eligibility reviews and appeal process. The Amendment does not 
make clear the purpose of the category, that is, which sector of the 
industry would be served by it. This measure would present a 
significant administrative cost to NMFS with no discernable benefit or 
purpose.
    The Council will have the opportunity to reconsider, modify, and 
possibly resubmit these measures under the Magnuson Act's 60-day 
accelerated review schedule.

Measures of Concern

    Public comments are particularly sought on several measures. The 
first such measure is the possession allowance for the Open Access 
Handgear Category that would allow a directed fishery on multispecies 
with only a 300-lb (136.1-kg) constraint on cod, haddock and yellowtail 
catch and a requirement to use hand gear. Charter/Party permit holders 
and recreational vessels may obtain the Handgear permit, which raises 
enforcement concerns about determining which set of rules a vessel may 
be fishing under at any given time. A call-in requirement for Charter/
Party vessels is proposed to aid in distinguishing which type of trip a 
vessel is conducting, but this would only provide a partial solution at 
the expense of complicating the DAS call-in program.
    The second measure is the white hake exemption program presented in 
the Amendment as an option for future implementation by the Director, 
Northeast Regional, NMFS (Regional Director). This exemption would 
allow a directed fishery on a regulated species, white hake, outside 
the constraint of a DAS. This possible exemption raises concern as this 
fishery is currently fully exploited and may not be able to withstand 
additional pressure.
    Third, the Large Mesh DAS permit, which would allocate additional 
DAS to vessels using mesh larger than the minimum size, is based on the 
notion that the selectivity of this mesh would compensate for the 
additional allocation of DAS. However, no mesh selectivity studies for 
7- (17.8 cm) and 8-inch (20.3 cm) mesh in these fisheries exist yet.
    Fourth, the Council proposed a change to the boundary for the Mid-
Atlantic area to incorporate the inshore waters of New York. For the 
purposes of enforcement, the proposed rule simplifies the Council's 
definition of the new boundary line by using fewer coordinates. The 
simplified definition would appear to achieve the Council's objective. 
This rule proposes to define the Mid-Atlantic regulated mesh area as 
the area bounded on the east by a line running from the Rhode Island 
shoreline along 71 deg.47.5' W. long. to its intersection with the 
three-nautical mile line, south along the three-nautical mile line to 
Montauk Point, southwesterly along the three-nautical mile line to the 
intersection of 72 deg.30' W. long., and south along that line to the 
intersection of the outer boundary of the EEZ (see Figure 1 to part 
651).
    Amendment 7 did not specifically exempt mid-water trawl gear from 
the proposed GOM area closures, but left open the possibility that this 
gear may become exempt in the future. NMFS is seeking public comment on 
this possibility.
    Because Amendment 7 proposes to eliminate the DAS exemption for 
gillnet vessels, most gillnet vessels will become permitted in either 
the Fleet or the Individual DAS category. NMFS is seeking comment on 
how to calculate the number of DAS for any gillnet vessel that may 
appeal the number of Individual DAS assigned to it by NMFS because a 
vessel's initial allocation of DAS is currently based on time away from 
the dock and a gillnet DAS is proposed to be counted under this rule as 
time when gear is in the water.
    Fifth, the Council proposed the allowance of a possession limit for 
winter flounder in the Mid-Atlantic regulated mesh area. NMFS is 
concerned about the impact of this, and the Winter Flounder State 
Waters exemptions because of the severely overfished status of this 
resource.
    The following summarizes the remaining proposed measures.

Total Allowable Catch

    The Amendment would establish a procedure for setting annual target 
TAC levels for specific cod, haddock, and yellowtail flounder stocks 
(GB cod, haddock, and yellowtail flounder, SNE yellowtail flounder, and 
GOM cod), and an aggregate TAC for the combined stocks of the other 
regulated species (pollock, redfish, white hake, witch flounder, 
American plaice, winter flounder and windowpane flounder). This 
procedure would be used annually to set TACs, with the exception of 
TACs for 1996, which would be set by this rule. The TACs would be set 
based on the best available scientific information and would provide a 
measure by which to evaluate the effectiveness of the management 
program and to make determinations on the need for 

[[Page 8542]]
adjustments to this program on an annual basis. The TAC levels would be 
set so as to attain a fishing mortality rate that would allow cod, 
haddock, and yellowtail flounder stocks to rebuild over time, and to 
maintain current potential yield for the seven other regulated species.
    The 1994 special advisory concluded that fishing mortality ``should 
be reduced to as low a level possible, approaching zero'' for GB stocks 
of cod, haddock and yellowtail flounder, and SNE yellowtail flounder. 
The biological reference point of F0.1 was selected by the Council 
as the most practicable way to achieve this goal, considering the needs 
of the fishery. For GOM cod, a biological reference point of Fmax 
was selected because this stock is not as depleted as the others. TACs 
for the remaining regulated species would be set at levels 
corresponding to recent fishing mortality rates to ensure that effort 
is not redirected on these stocks. Because the Council's overriding 
management objective is to rebuild the five primary stocks of cod, 
haddock and yellowtail flounder, the management program established 
under Amendment 5, and expanded in this Amendment, is based on these 
primary stocks as well. In other words, the remaining multispecies 
stocks, other than cod, haddock and yellowtail flounder, would be 
protected under the management program developed for the primary 
stocks.
    Using the 1993 fishing mortality rates contained in Amendment 5 as 
a baseline, an 80 percent average reduction in the fishing mortality 
rate is required to achieve the fishing mortality goals for the above 
mentioned stocks. This Amendment proposes to accomplish the reduction 
primarily through a combination of reductions in DAS, bycatch controls, 
area closures and elimination of previously established exemptions to 
effort reduction programs.

Specification of 1996 and 1997 TAC and Adjustments

    For the period May 1, 1996, through April 30, 1997, the TAC levels 
that would correspond to the fishing mortality rate objectives are 
contained in the table below (calculation of the TACs is based on 
scientific assessment incorporating data and estimates of stock sizes, 
recruitment patterns, natural and fishing mortality, growth, etc.).

                    Table 1.--1996 TAC Specifications                   
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                                                                  1996  
                                                                 target 
                           Species                                TACs  
                                                                (metric 
                                                                 tons)  
------------------------------------------------------------------------
Georges Bank cod.............................................      1,851
Georges Bank haddock.........................................      2,801
Georges Bank yellowtail flounder.............................        385
Gulf of Maine cod............................................      2,761
Southern New England yellowtail flounder.....................        150
Aggregate for remaining regulated species....................     25,500
------------------------------------------------------------------------

    Specification of TACs and adjustments for 1997 and beyond would be 
accomplished through the annual review framework process discussed 
later in this document.

Days-at-Sea Effort Control Program

    The Amendment proposes to reduce DAS in two equal increments, on 
May 1, 1996 and May 1, 1997, to the level called for in the final year 
of the current Amendment 5 DAS reduction schedule. In addition, vessels 
previously exempted from the DAS program would be subject to the effort 
control program through this Amendment. Specifically, vessels in the 
45-ft (13.7 m)-and-less, Hook-Gear and Gillnet Permit categories were 
exempted from the DAS program. Amendment 7 proposes to eliminate these 
exemptions and allocate DAS to all but the smallest group of vessels, 
those 30 ft (9.1 m) or less in length.
    Existing limited access vessels subject to the effort-control 
program would continue under reduced DAS allocations. Vessels currently 
in the Individual and Combination DAS permit categories would have 
their DAS allocation reduced by 35 percent of their Amendment 5 
baseline in fishing year 1996 and by 50 percent in fishing year 1997. 
Vessels assigned to the Fleet DAS limited access permit category would 
receive an allocation of 139 DAS in the fishing year 1996 and 88 DAS in 
the fishing year 1997.
    Limited access vessels that agree to use sink gillnet gear with a 
minimum mesh size of 7 inches (17.8 cm) for the entire fishing year 
could opt to fish under a new permit category ``Large Mesh DAS'' and 
would be allocated 155 DAS in 1996, and 120 DAS in 1997. Similarly, 
trawl vessels choosing to fish exclusively with nets with a minimum 
mesh size of 8 inches (20.32 cm) when fishing under a groundfish DAS 
allocation could also enroll in this category and receive the same DAS 
allocation. Again, DAS allocations for 1997 may change as the result of 
the annual review process described under the framework provisions.
    Limited access vessels 30 ft (9.1 m) or less in length that do not 
fish under a DAS program would be restricted to a cod, haddock and 
yellowtail flounder possession limit of up to a maximum combined weight 
of 300 lb (136.1 kg), but would not be subject to any limits on other 
multispecies finfish. These vessels may choose instead to fish under 
the DAS program. Vessels issued a 1995 valid limited access 
multispecies permit and fishing under the Small boat exemption (less 
than or equal to 45 ft (13.7 m)) that are 20 ft (6.1 m) or less in 
length, would initially be assigned to the Small Vessel (less than or 
equal to 30 ft (9.1 m)) category. However, due to different methods of 
measuring overall length, vessels greater than 20 ft (6.1 m) but less 
than or equal to 30 ft (9.1 m) would need to provide verification of 
overall length to obtain a Small Vessel category permit.
    With the exception of one 20-consecutive-day block of time between 
March 1 through May 31 that all vessels subject to the effort-control 
program would be required to ``take out'' of the fishery, this rule 
would eliminate the Fleet DAS category requirement of taking blocks of 
time ``out'' of the multispecies fishery as well as the layover day 
provision currently required after completion of a multispecies DAS.
    Upon implementation of this rule, DAS will be prorated to account 
for a full fishing year beginning May 1, 1996, through April 30, 1997.

Closed Areas

    In addition to retaining the current closed areas, the Amendment 
would close additional areas, seasonally, to reduce further fishing 
mortality. The areas selected for closure correspond to the current 
time/area closures imposed on sink gillnet vessels in the GOM, that is, 
the Northeast Closure Area, the Mid-Coast Closure Area, and the 
Massachusetts Bay Closure Area to reduce the bycatch of harbor 
porpoise. These areas would be closed to all gear types capable of 
catching multispecies. By extending the closure of these areas to all 
gear capable of catching multispecies, the goal of reducing bycatch of 
harbor porpoise can be realized in a less complex and more enforceable 
manner, while at the same helping to achieve the goal of reducing 
fishing mortality for regulated species in the GOM. Further, because 
the closure areas range from the U.S.-Canadian boundary, down through 
Massachusetts Bay, and would be closed for different seasons and for 
relatively short periods of time, they would affect vessels more or 
less equally throughout the GOM region. All vessels would be allowed to 


[[Page 8543]]
transit these areas, provided that their gear is properly stowed. To 
minimize the impact of these closures on other fisheries, gears that 
have little or no impact on regulated species would be exempt from the 
closures.

Exempted Fisheries

    Under this proposed rule, vessels fishing in the GOM/GB and SNE 
regulated mesh areas would be allowed to fish only in an exempted 
fishery, under a DAS (multispecies or scallop), or under the small 
vessel category. An exempted fishery is one in which it has been 
determined that there is a minimal bycatch of regulated species. 
Currently, a five-percent standard is applied to fisheries utilizing 
mesh smaller than the minimum mesh size in the GOM, GB or SNE regulated 
mesh areas. This rule would extend the restriction to large mesh 
fisheries and would revise the requirement to reflect the Council's 
intent that the five-percent standard is an absolute maximum and that 
other restrictions on fishing gear and/or seasons may be considered to 
reduce bycatch.

Changes To Permit Categories

    The Amendment would establish two additional limited access permit 
categories and allow some vessels in an open access category an 
opportunity to qualify for a limited access permit under specified 
criteria.
    During the development of Amendment 5, the open access Hook-Gear 
category was promoted by the Council as the remaining opportunity for 
new entrants into the multispecies fishery. Under Amendment 7, vessels 
holding open access permits would no longer be allowed to target 
regulated species. Consequently, individuals that may have invested in 
vessels and gear based on the Council's guidance and that have 
participated in the fishery would be given an opportunity to qualify 
for a Hook-Gear limited access permit, if they meet the following 
criteria: The vessel held a 1995 open access Hook-Gear permit and 
submitted to the Regional Director, no later than January 26, 1996, 
fishing log reports dated between June 1, 1994 and June 1, 1995, 
documenting landings of at least 500 lb (226.8 kg) of multispecies 
finfish. Under Amendment 5 regulations, all vessels issued a 
multispecies permit are required to submit logbooks within 15 days 
after the end of each month. The January 26, 1996 deadline, therefore, 
actually is less restrictive than the current provision. Vessels 
fishing under the limited access Hook-Gear permit would be restricted 
to setting no more than 4,500 hooks per day. And finally, vessels 
qualifying for the limited access Hook-Gear permit under this provision 
would be restricted to that limited access category and could not 
select a different limited access permit category.
    A new limited access category also would be established for vessels 
that currently have limited access status and that choose to use larger 
than the minimum size mesh in exchange for an increased allocation of 
DAS. The mesh requirements for this category were described under 
``Days at Sea Effort Control Program.''
    Vessels 30 ft (9.1 m) or less in length that choose to fish under 
the Small Vessel permit category and vessels possessing an open access 
Handgear permit category would not be allowed to fish for, possess, or 
land regulated multispecies between March 1 and March 20 of each year.
    This rule also proposes three new open access permit categories: 
Handgear, Charter/party and Scallop Multispecies Possession Limit. 
Vessels holding Handgear permits could possess, land, and sell up to 
300 lb (136.1 kg), combined weight, of cod, haddock, and yellowtail 
flounder, and unlimited amounts of the other multispecies finfish, 
provided they use rod and reel or handlines only (no jigging machines). 
Charter/party permits would be required for vessels that carry 
passengers for hire and that do not possess a limited access permit. 
These vessels would be restricted by the recreational fishing 
provisions on minimum fish sizes, gear, and a prohibition on sale. 
Charter/party permit holders could also obtain an open access Handgear 
permit to fish commercially for multispecies finfish when they are not 
fishing under hire. Limited access scallop vessels could obtain an open 
access Scallop Multispecies Possession Limit permit and possess, land 
and sell up to 300 lb (136.1 kg) of regulated species when fishing 
under a scallop DAS.

Other Measures

    The current experimental dogfish trawl fishery in the Nantucket 
Shoals area would be implemented on a permanent basis during the time 
period of June 1 through October 15 of each year. Extensive sea 
sampling conducted by the Massachusetts Division of Marine Fisheries 
has shown that this fishery has a very low bycatch of regulated species 
and is, therefore, an appropriate candidate for exemption to the mesh 
restrictions. Vessels participating in the Nantucket Shoals dogfish 
exemption program would be required to have on board an authorization 
letter issued by the Regional Director and would be allowed to retain 
the bycatch species and amounts allowed in the GB/GOM small mesh 
exemption area, as well as skates in an amount up to 10 percent of 
other fish on board.
    Limited access vessels would be allowed to continue fishing under 
the current state waters winter flounder exemption program. This 
program is available to vessels fishing in the waters of any state that 
is in compliance with the Atlantic States Marine Fisheries Commission's 
(ASMFC) Winter Flounder Fishery Management Program. Additionally, 
limited access vessels that are not fishing under the DAS program would 
be allowed to retain up to 500 lb (226.8 kg) of winter flounder when 
fishing under this exemption program.
    Vessels fishing in the Mid-Atlantic regulated mesh area, when not 
fishing under a DAS, would be allowed to possess, land, and sell winter 
flounder up to 10 percent by weight of all other species on board, or 
200 lb (90.72 kg), whichever is less.
    Vessels fishing in the SNE regulated mesh area would be allowed to 
retain a bycatch of skate or skate parts up to 10 percent of the total 
weight of other fish possessed on board, when fishing under the small-
mesh exemption provision. This possession limit represents a legitimate 
bycatch when fishing in the exempted species program, while eliminating 
the incentive to conduct a directed fishery on skate.
    A provision would be added to the Observer Program section that 
would allow the Regional Director to accept observer coverage funded by 
sources other than NMFS, provided certain conditions are met. These 
conditions are: That all observer coverage is determined by NMFS to be 
in compliance with NMFS' sea-sampling guidelines and procedures; that 
the owner or operator of the vessel complies with all requirements 
under the multispecies plan; and that the observer is approved by the 
Regional Director.
    Because the Small Mesh Area 1 exemption area lies entirely within 
the Mid-coast Closure Area, the season termination date for this 
exemption would be changed to coincide with the closure of this area. 
The current Small Mesh Area 1 season of July 15 through November 15 
would, therefore, be changed to July 15 through October 31.
    Amendment 7 requires that recreational and charter/party vessels 
comply with the following restrictions: A 20-inch (50.8-cm) minimum 
fish size for cod and haddock for the first year of the plan increasing 
to 21-inches (53.3 cm) in the second year; a prohibition on the sale of 
multispecies finfish; and a two hook-per-line limit for each angler. 

[[Page 8544]]
In addition, there would be a 10 fish bag limit on cod and haddock, 
combined, for recreational anglers. This would not include charter/
party vessels.
    Charter/party vessels not fishing under the DAS program that 
possess limited access multispecies permits or open access Handgear 
permits would be required to fish under the recreational provisions, 
when fishing for hire.
    Amendment 7 would expand the FMP's existing framework provision to 
remove the current 10-percent cap on annual reductions in fishing 
mortality and establish an annual process to review progress towards 
fishing mortality goals and to make changes in the management program, 
including recreational provisions. A Multispecies Monitoring Committee 
(MSMC) would be established to consist of technical staff from the New 
England and Mid-Atlantic Council's, the NMFS Northeast Regional Office, 
the NEFSC, and representatives from the U.S. Coast Guard, the fishing 
industry, and from affected coastal states appointed by the ASMFC. The 
MSMC would meet annually and, based on a review of the status of the 
resource, would recommend to the Multispecies Committee of the Council 
annual DAS adjustments by fleet sector, target TACs and any other 
management measure adjustments necessary to achieve the FMP's goals. 
After considering this recommendation, and any public comment, the 
Council would then make a recommendation to the Regional Director on 
annual TACs and adjustments to management measures, if any, for the 
following fishing year. If the Council fails to submit a recommendation 
to the Regional Director by February 1 that meets the FMP goals and 
objectives, the Regional Director may publish as a proposed rule one of 
the options reviewed and not rejected by the Council, provided that the 
option meets the FMP objective and is consistent with other applicable 
law. If, after considering public comment, the Regional Director 
decides to approve the option published as a proposed rule, the action 
will be published as a final rule in the Federal Register.
    This rule would revise the current haddock possession limit to be 
1,000 lb (453.6 kg) for vessels fishing under a multispecies DAS. 
Existing regulations limit possession of haddock to 500 lb (226.8 kg) 
or its equivalent, as measured by the volume of four standard boxes or 
five standard totes. This volumetric measure has, in practice, allowed 
vessels to land more than the 500-lb (226.8-kg) haddock trip limit 
because volumetric equivalent measures turned out to be too generous. 
This has made enforcement of this provision problematic for cases based 
solely on landing records. Therefore, in response to the elimination of 
the use of this volumetric measure and to address that industry concern 
over vessels catching more than the 500-lb (226.8-kg) haddock trip 
limit and consequently discarding fish, the possession limit of haddock 
would be increased to 1,000 lb (453.6 kg). Although the status of 
haddock remains critical, other more restrictive conservation measures 
proposed under this plan would afford additional benefits to this 
species.
    For clarity, Latin nomenclature for genus and species has been 
added to the Definitions section and removed from all other sections.
    Unless changed by this proposed rule, all measures currently in 
place under the FMP would remain in effect.

Classification

    This action has been determined to be economically significant for 
the purposes of E.O. 12866.
    Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires 
NMFS to publish implementing regulations proposed by a Council within 
15 days of the receipt of an amendment and proposed regulations. At 
this time, NMFS has not determined whether the amendment these rules 
would implement is consistent with the national standards, other 
provisions of the Magnuson Act, and other applicable law. NMFS, in 
making that determination, will take into account the information, 
views and comments received during the comment period.
    The Council prepared a FSEIS for Amendment 7 describing the 
possible impacts on the environment as a result of this rule. This 
amendment is expected to have a significant impact on the human 
environment. A copy of the FSEIS may be obtained from the Council (see 
ADDRESSES).
    The Biological Opinion (BO) for the original consultation on the 
initial FMP in 1986 concluded that the fishing activities resulting 
from that action may affect but are not likely to jeopardize the 
continued existence of endangered and threatened species of marine 
mammals, sea turtles, and fish or their critical habitat(s) found in 
the affected area. This conclusion was re-evaluated in a BO for the 
Marine Mammal Exemption Program MMEP initiated in 1989 under the Marine 
Mammal Protection Act of 1972. New information regarding incidental 
take was introduced and the conclusion of no jeopardy was reached. 
Amendment 5 to the FMP contained measures to reduce the incidental take 
of marine mammals and implemented significant effort reduction 
measures. Due to the scope of the proposed amendment and the fact that 
right whale critical habitat has been designated since the BO for 
Amendment 5 to the Multispecies FMP was written, formal consultation 
was re-initiated. This consultation does not change the basis for the 
original determination. The consultation concluded that the provisions 
of the proposed amendment may affect but are not likely to jeopardize 
the continued existence of endangered and threatened species or their 
critical habitat(s).
    Adverse impacts on marine mammals resulting from fishing activities 
conducted under this rule are discussed in the FSEIS.
    In compliance with the Regulatory Flexibility Act, the Council has 
prepared an IRFA as part of the RIR contained in Amendment 7 that 
concludes that this proposed rule would have significant economic 
impacts on a substantial number of small entities. The measures 
proposed are restrictive, and impacts on the industry are expected to 
be significant. In the early years of the program, some vessels may be 
unable to cover their costs, in part because of these restrictions and 
also due to the poor condition of the stocks. Such vessels are expected 
to leave the fishery. Relative to the status quo, however, this 
proposal produces positive significant effects on a substantial number 
of small entities after stock abundance of groundfish recovers. The 
majority of the vessels in the Northeast Multispecies Fishery are 
considered small entities. The proposed action will reduce the overall 
revenues of the multispecies industry by approximately 10 to 25 percent 
in the first three years of the program compared to the status quo. The 
impact of the proposed action will not be uniform for all vessels or 
all sectors. Instead, the action will have different effects on 
different gear groups, with trawlers being relatively more 
disadvantaged than other vessels. This is primarily because trawlers 
produce the largest share of total groundfish landings and have higher 
costs. Alternately, smaller independent vessels are well suited to 
adapting to year to year changes in species as availability changes. 
Generally, smaller vessels are more flexible and have lower costs. The 
proposed action would allow vessels 30 ft (9.1 m) or less in length to 
be exempt from the DAS program, provided they comply with the 300-lb 
(136.1-kg) cod, haddock, and yellowtail flounder possession limit. Cod, 
haddock, and yellowtail flounder 

[[Page 8545]]
comprise 15 percent of the revenue of these vessels.
    The negative effects of the non-selected alternatives would be 
greater than those of the proposed measures. Expected impacts of the 
proposed action on crew income are negative in the first 5 years of the 
program and positive thereafter. Likewise, the level of employment is 
expected to decline in the short-term to an undetermined extent but 
will rebound over the long term. Projected revenues from fishing will 
be positive beginning in the year 2001, which will create demand for 
other goods and services in the area and lead to increased production 
and employment. The overall impacts will be positive. The proposed 
action is expected to increase net benefits to the nation by $18 
million over the 10-year rebuilding period. The recreational sector is 
not expected to be negatively impacted by this action.
    The proposed action is economically significant for the purposes of 
E.O. 12866, but probably will not have an annual impact on the economy 
of $100 million or more, and will not adversely affect the 
productivity, environment, public health or safety or state, local or 
tribal governments or communities in the long term. By increasing 
multispecies catch rates in the long term and reducing operating costs, 
the proposed action is expected to make the industry more productive 
after recovery of groundfish stock abundance and to increase the 
competitiveness of the domestic industry in comparison to foreign 
suppliers.
    This proposed rule contains six new collection-of-information 
requirements subject to the Paperwork Reduction Act and have been 
submitted to OMB for approval. The public reporting burden for these 
collection-of-information requirements are indicated in the parentheses 
in the following statements and include 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 Nantucket Shoals Dogfish exemption, OMB# 0648-0202, will 
require vessel notification (2 minutes/response).
    Revisions to the existing requirements are:
    2. Proof of VTS installation, OMB# 0648-0202, (2 minutes/response);
    3. Call-in or card system, OMB# 0648-0202, (2 minutes/response);
    4. Limited access permit, OMB# 0648-0202. Appeal of the DAS 
allocation will require written submission (2 hours/response);
    5. Limited access permit appeals, OMB# 0648-0202, appeal of denied 
permits will require written submission (0.5 hours/response);
    6. Three new vessel permit categories (Handgear, Charter/Party and 
Scallop Multispecies Possession Limit), OMB# 0648-0202, are created 
with no increase in burden above that currently associated with vessel 
permits.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 26, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 651 is 
proposed to be 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. 651.2, the definition for ``Charter and party boats'' is 
removed, and the definitions for ``Alewife'', ``American shad'', 
``Atlantic croaker'', ``Black sea bass'', ``Blowfish'', ``Bluefish'', 
``Charter or party boat or charter/party boat'', ``Conger eels'', 
``Cunner'', ``Dogfish'', ``Exempted gear'', ``Fourspot flounder'', 
``Hagfish'', ``Handgear'', ``Handline or handline gear'', ``Hickory 
shad'', ``John Dory'', ``Longhorn sculpin'', ``Mullet'', ``Multispecies 
Monitoring Committee'', ``Rod and reel'', ``Scup'', ``Sea raven'', 
``Searobin'', ``Skate'', ``Spot'', ``Summer flounder'', ``Swordfish'', 
``Target Total Allowable Catch (TAC)'', ``Tautog'', ``Tilefish'', and 
``Weakfish'' are added, in alphabetical order; the definitions for 
``DAS (Days-at-sea)'', ``Out of the multispecies fishery or DAS 
program'', and ``Sink gillnet'' are revised to read as follows:


Sec. 651.2  Definitions.

* * * * *
    Alewife means Alosa pseudoharengus.
* * * * *
    American shad means Alosa sapidissima.
    Atlantic croaker means Micropogonias undulatus.
* * * * *
    Black sea bass means Centropristis striata.
    Blowfish (puffer) means any species in the family Tetraodontidae.
    Bluefish means Pomatomus saltatrix.
* * * * *
    Charter or party boat or charter/party boat means any vessel 
carrying passengers for hire to engage in recreational fishing and that 
is not fishing under a DAS.
* * * * *
    Conger eels means Conger oceanicus.
* * * * *
    Cunner means Tautogolabrus adspersus.
    DAS (Days-at-sea) means the 24-hour periods of time during which a 
fishing vessel is absent from port in which the vessel intends to fish 
for, possess or land, or fishes for, possesses, or lands regulated 
species, or for gillnet vessels, the 24-hour periods of time beginning 
when the gillnet vessel leaves port with the intent to fish for, 
possess or land, or fishes for, possesses or lands regulated species, 
and ending when a gillnet vessel returns to port with all of its 
gillnet gear that was in the water on board.
* * * * *
    Dogfish means spiny dogfish, Squalus acanthias, or smooth dogfish, 
Mustelus canis.
* * * * *
    Exempted gear means gear that is deemed to be not capable of 
catching multispecies finfish and includes: pelagic hook and line, 
pelagic longline, spears, rakes, diving gear, cast nets, tongs, 
harpoons, weirs, dipnets, stop nets, pound nets, pelagic gillnets, pots 
and traps, purse seines, shrimp trawls (with a properly configured 
grate as defined under this part), and mid-water trawls.
* * * * *
    Fourspot flounder means Paralichthys oblongus.
* * * * *
    Hagfish means Myxine glutinosa.
    Handgear means handline or rod and real gear.
    Handline or handline gear means fishing gear that is released by 
hand and consists of one main line to which is attached up to two 
leaders for a total of 

[[Page 8546]]
not more than three hooks. Handlines are retrieved only by hand, not by 
mechanical means.
* * * * *
    Hickory shad means Alosa mediocris.
* * * * *
    John Dory means Zenopsis conchifera.
* * * * *
    Longhorn sculpin means Myoxocephalus octodecimspinosus.
* * * * *
    Mullet means any species in the family Mugilidae.
* * * * *
    Multispecies Monitoring Committee means a team of scientific and 
technical staff appointed by the Council to review, analyze, and 
recommend adjustments to the management measures. The team will consist 
of staff from the New England and Mid-Atlantic Fishery Management 
Councils, the NMFS Northeast Regional Office, the NEFSC, the U.S. Coast 
Guard, an industry representative, and representatives from affected 
coastal states appointed by the Atlantic States Marine Fisheries 
Commission.
* * * * *
    Out of the multispecies fishery or DAS program means the period of 
time during which a vessel is absent from port and is not fishing for 
regulated species under the multispecies DAS program.
* * * * *
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually operated reel attached.
* * * * *
    Scup means Stenotomus chrysops.
    Sea raven means Hemitripterus americanus.
    Searobin means any species in the family Triglidae.
    Sink gillnet means a bottom-tending gillnet, which is any gillnet, 
anchored or otherwise, that is designed to be, or is fished on or near 
the bottom in the lower third of the water column.
    Skate means any species in the family Rajidae.
    Spot means Leiostomus xanthurus.
* * * * *
    Summer flounder means Paralichthys dentatus.
    Swordfish means Xiphias gladius.
    Target Total Allowable Catch (TAC) means the annual domestic 
harvest targets for regulated species.
    Tautog (blackfish) means Tautoga onitis.
* * * * *
    Tilefish means Lopholatilus chamaeleonticeps.
* * * * *
    Weakfish means Cynoscion regalis.
* * * * *
    3. In Sec. 651.4, paragraphs (a), (b), (c), (e), (f), (h)(1)(ii), 
(h)(1)(iii) and (q) are revised to read as follows:


Sec. 651.4  Vessel permits.

* * * * *
    (a) General. Any vessel of the United States, including a charter 
or party boat, must have been issued and have on board a valid Federal 
multispecies permit issued under this part to fish for, possess or land 
multispecies finfish in or from the EEZ. Recreational vessels and 
vessels fishing for multispecies exclusively in state waters are exempt 
from this requirement.
    (b) Limited access permits--(1) Eligibility--
    (i) Limited access multispecies permit. To be eligible for a 
multispecies limited access permit, specified in Sec. 651.22, in 1996 
and thereafter, a vessel must have been issued a limited access 
multispecies permit for the preceding year, must be replacing a vessel 
that was issued a limited access multispecies permit for the preceding 
year, or must qualify for a 1996 limited access multispecies permit 
under paragraph (b)(1)(ii) of this section.
    (ii) Limited access hook-gear permit. A vessel issued a 1995 open 
access hook-gear permit may apply for and obtain a 1996 limited access 
hook-gear permit provided it meets the criteria for eligibility 
described below. Vessels must apply for a limited access Hook-Gear 
permit before September 1, 1996, to receive an automatic mailing of an 
application to renew their permit in 1997 and to be insured that their 
permit application will be processed within the 30 days allowed under 
paragraph (e) of this section. Vessels applying after December 31, 
1996, will be ineligible to apply for a 1997 limited access hook-gear 
permit. A vessel qualifying for a limited access hook-gear permit may 
not change its limited access permit category. The criteria for 
eligibility are:
    (A) The vessel held a 1995 open access Hook-Gear permit and 
submitted to the Regional Director, no later than January 26, 1996, 
fishing log reports dated between June 1, 1994 and June 1, 1995, 
documenting landings of at least 500 lb (226.8 kg) of multispecies 
finfish; or
    (B) The vessel is replacing a vessel that meets the criteria set 
forth in paragraph (b)(1)(ii)(A) of this section.
    (2) Qualification restriction. Unless the Regional Director 
determines to the contrary, no more than one vessel may qualify, at any 
one time, for a limited access multispecies permit based on that or 
another vessel's fishing and permit history. If more than one vessel 
owner claims eligibility for a limited access multispecies permit, 
based on one vessel's fishing and permit history, the Regional Director 
shall determine who is entitled to qualify for the limited access 
multispecies permit and the DAS allocation according to paragraph 
(b)(3) of this section.
    (3) Change in ownership. The fishing and permit history of a vessel 
is presumed to transfer with the vessel whenever it is bought, sold, or 
otherwise transferred, unless there is a written agreement, signed by 
the transferor/seller and transferee/buyer, or other credible written 
evidence, verifying that the transferor/seller is retaining the 
vessel's fishing and permit history for purposes of replacing the 
vessel.
    (4) Replacement vessels. To be eligible for a limited access permit 
under this section, the replacement vessel must meet the following 
criteria and any applicable criteria under paragraph (b)(5) of this 
section:
    (i) The replacement vessel's horsepower may not exceed by more than 
20 percent the horsepower of the vessel that was initially issued a 
limited access multispecies permit as of the date the initial vessel 
applied for such permit; and
    (ii) The replacement vessel's length, gross registered tonnage, and 
net tonnage may not exceed by more than 10 percent the length, gross 
registered tonnage, and net tonnage of the vessel that was initially 
issued a limited access multispecies permit as of the date the initial 
vessel applied for such permit. For purposes of this paragraph, a 
vessel not required to be documented under title 46, U.S.C. will be 
considered to be 5 net tons. For undocumented vessels, gross registered 
tonnage does not apply.
    (5) Upgraded vessel. To remain eligible to retain a valid limited 
access permit under this part, or to apply for or renew a limited 
access permit under this part, a vessel may be upgraded, whether 
through refitting or replacement, only if the upgrade complies with the 
following limitations:
    (i) The vessel's horsepower may be increased, whether through 
refitting or replacement, only once. Such an increase may not exceed 20 
percent of the horsepower of the vessel initially issued a limited 
access multispecies permit as of the date the initial vessel applied 
for such permit; and
    (ii) The vessel's length, gross registered tonnage, and net tonnage 
may be upgraded, whether through refitting or replacement, only once. 
Such an increase shall not exceed 10 percent each of the length, gross 
registered 

[[Page 8547]]
tonnage, and net tonnage of the vessel initially issued a limited 
access multispecies permit as of the date the initial vessel applied 
for such permit. This limitation allows only one upgrade, at which time 
any or all three specifications of vessel size may be increased. This 
type of upgrade may be done separately from an engine horsepower 
upgrade.
    (6) Consolidation restriction. Limited access permits under this 
permit and DAS allocations may not be combined or consolidated.
    (7) Appeal of denial of limited access multispecies permit.
    (i) Any applicant eligible to apply for an initial limited access 
Hook-Gear permit who is denied such permit may appeal the denial to the 
Regional Director within 30 days of the notice of denial. Any such 
appeal must be based on one or more of the following grounds, must be 
in writing, and must state the grounds for the appeal:
    (A) The information used by the Regional Director was based on 
mistaken or incorrect data;
    (B) The applicant was prevented by circumstances beyond his/her 
control from meeting relevant criteria; or
    (C) The applicant has new or additional information.
    (ii) The Regional Director will appoint a designee who will make 
the initial decision on the appeal.
    (iii) The appellant may request a review of the initial decision by 
the Regional Director by so requesting in writing within 30 days of the 
notice of the initial decision. If the appellant does not request a 
review of the initial decision within 30 days, the initial decision 
shall become the final administrative action of the Department of 
Commerce.
    (iv) Upon receiving the findings and a recommendation, the Regional 
Director will issue a final decision on the appeal. The Regional 
Director's decision is the final administrative action of the 
Department of Commerce.
    (v) Status of vessels pending appeal of a limited access permit 
denial. A vessel denied a limited access Hook-Gear permit may fish 
under the limited access Hook-Gear category, provided that the denial 
has been appealed, the appeal is pending, and the vessel has on board a 
letter from the Regional Director authorizing the vessel to fish under 
the limited access Hook-Gear category. The Regional Director will issue 
such a letter for the pendency of any appeal. Any such decision is the 
final administrative action of the Department of Commerce on allowable 
fishing activity pending a final decision on the appeal. The 
authorizing letter must be carried on board the vessel. If the appeal 
is finally denied, the Regional Director shall send a notice of final 
denial to the vessel owner; the authorizing letter becomes invalid 5 
days after receipt of the notice of denial.
    (8) Limited access permit restrictions. (i) A vessel may be issued 
a limited access multispecies permit in only one category during a 
fishing year. Vessels are prohibited from changing limited access 
multispecies permit categories during the fishing year, except as 
provided in paragraph (f)(3) of this section. A vessel issued a limited 
access Hook-Gear permit may not change its limited access permit 
category at any time.
    (ii) With the exception of Combination Vessels, sea scallop dredge 
vessels are prohibited from being issued a limited access multispecies 
permits.
    (9) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive 
a Confirmation of Permit History if the fishing and permit history of 
such vessel has been retained lawfully by the applicant. To be eligible 
to obtain a Confirmation of Permit History, the applicant must show 
that the qualifying vessel meets the eligibility requirements, as 
applicable, in this part. Issuance of a valid and current Confirmation 
of Permit History preserves the eligibility of the applicant to apply 
for or renew a limited access multispecies permit for a replacement 
vessel based on the qualifying vessel's fishing and permit history at a 
subsequent time, subject to the replacement provisions specified at 
Sec. 651.4. A Confirmation of Permit History must be applied for and 
received on an annual basis in order for the applicant to preserve the 
fishing rights and limited access eligibility of the qualifying vessel. 
If fishing privileges have been assigned or allocated previously under 
this part based on the qualifying vessel's fishing and permit history, 
the Confirmation of Permit History also preserves such fishing 
privileges. Any decision regarding the issuance of a Confirmation of 
Permit History for a qualifying vessel that has applied for or been 
issued previously a limited access permit under this part is a final 
agency action subject to judicial review under 5 U.S.C. 704. 
Applications for a Confirmation of Permit History must be received by 
the Regional Director by the beginning of the fishing year for which 
the Confirmation of Permit History is required. Information 
requirements for the Confirmation of Permit History application shall 
be the same as those for a limited access permit with any request for 
information about the vessel being applicable to the qualifying vessel 
that has been sunk, destroyed or transferred. Vessel permit applicants 
who have been issued a Confirmation of Permit History and who wish to 
obtain a vessel permit for a replacement vessel based upon the previous 
vessel history may do so pursuant to paragraph (b)(4) of this section.
    (c) Open access permits. Subject to the restrictions in 
Sec. 651.33, a U. S. vessel that has not been issued a limited access 
multispecies permit may obtain an open access Handgear or Charter/party 
permit. Vessels that are issued a valid scallop limited access permit 
under Sec. 650.4 of this chapter and that have not been issued a 
limited access multispecies permit may obtain an open access Scallop 
Multispecies Possession Limit permit.
* * * * *
    (e) Vessel permit application. Applicants for a permit under this 
section must submit a completed application on an appropriate form 
obtained from the Regional Director. The application must be signed by 
the owner of the vessel, or the owner's authorized representative, and 
be submitted to the Regional Director at least 30 days before the date 
on which the applicant desires to have the permit made effective. The 
Regional Director will notify the applicant of any deficiency in the 
application pursuant to this section. Applicants for limited access 
multispecies permits shall provide information with the application 
sufficient for the Regional Director to determine whether the vessel 
meets the eligibility requirements specified.
    (f) Information requirements. (1) In addition to applicable 
information required to be provided by paragraph (e) of this section, 
an application for a 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 the 
vessel's current U.S. Coast Guard documentation or, if undocumented, 
state registration number and a copy of the current state registration; 
party/charter boat license; home port and principal port of landing; 
length overall; gross tonnage; net tonnage; engine horsepower; year the 
vessel was built; type of construction; type of propulsion; approximate 
fish-

[[Page 8548]]
hold capacity; type of fishing gear used by the vessel; number of crew; 
number of party or charter passengers licensed to carry (if 
applicable); permit category; if the owner is a corporation, a copy of 
the current Certificate of Incorporation, or other corporate papers 
showing incorporation and the names of the current officers in the 
Corporation, 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 current Partnership Agreement and the names 
and addresses of all partners; if there is more than one owner, names 
of all owners owning a 25 percent interest or more; and, name and 
signature of the owner or the owner's authorized representative.
    (2) Applications for an initial limited access Hook-Gear permit 
must also contain the following information:
    (i) If the engine horsepower was changed or a contract to change 
the engine horsepower had been entered into prior to May 1, 1996, such 
that it is different from that stated in the vessel's most recent 
application for a Federal Fisheries Permit before May 1, 1996, 
sufficient documentation to ascertain the different engine horsepower. 
However, the engine replacement must be completed within one year of 
the date of when the contract for the replacement engine was signed.
    (ii) 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, 1996, 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 one year from the date when the contract for the upgrade was 
signed.
    (3) A vessel issued a limited access multispecies permit may 
request a change in permit category, unless otherwise restricted by 
paragraph (b)(8) of this section. In 1996, any such change must be 
requested by submitting an application to the Regional Director within 
45 days of implementation of this rule. After 45 days, the vessel must 
fish only in the DAS program assigned for the remainder of the 1996 
fishing year. Any DAS that a vessel uses prior to a change in permit 
category will be counted against its allocation received under any 
subsequent permit category. For 1997 and beyond, limited access 
multispecies vessels eligible to request a change in permit category 
must elect a category prior to the start of each fishing year and must 
remain in that permit category for the duration of the fishing year. A 
vessel issued an open access permit may request a different open access 
permit category by submitting an application to the Regional Director 
at any time.
    (4) 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).
* * * * *
    (h) * * *
    (1) * * *
    (ii) The application was not received by the Regional Director by 
the deadlines set forth in paragraphs (b)(1)(ii), and (q) of this 
section; or
    (iii) The applicant and applicant's vessel failed to meet all 
eligibility requirements described in paragraph (b)(1) of this section; 
or
* * * * *
    (q) Limited access multispecies permit renewal. To renew or apply 
for a limited access multispecies permit a completed application must 
be received by the Regional Director by the first day of the fishing 
year for which the permit is required. Failure to renew a limited 
access multispecies permit in any year bars the renewal of the permit 
in subsequent years.
* * * * *
    4. Section 651.9 is 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 issued a valid Federal multispecies vessel permit issued under 
this part, issued a permit under Sec. 651.5 or a letter under 
Sec. 651.4(b)(7)(v), to do any of the following:
    (1) 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).
    (2) 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.
    (3) Sell, barter, trade, or transfer, or attempt to sell, barter, 
trade, or transfer to a dealer any multispecies finfish unless the 
dealer has a valid Federal dealer's permit issued under Sec. 651.6.
    (4) 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.
    (5) 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).
    (6) Fail to affix and maintain permanent markings as required by 
Sec. 651.8.
    (7) Enter, fail to remove gear from, or be in the areas described 
in Sec. 651.21(f)(1) through Sec. 651.21(h)(1) during the time period 
specified, except as provided in Sec. 651.21(d), (f)(2), (g)(2), and 
(h)(2).
    (8) Possess or land multispecies finfish smaller than the minimum 
sizes specified in Sec. 651.23 or Sec. 651.34, as appropriate.
    (9) Land, or possess on board a vessel, more than the possession 
limits specified in Sec. 651.27(a), or violate any of the other 
provisions of Sec. 651.27.
    (10) 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).
    (11) Refuse or fail to carry an observer if requested to do so by 
the Regional Director.
    (12) Interfere with or bar by command, impediment, threat, 
coercion, or refusal of reasonable assistance, an observer conducting 
his or her duties aboard a vessel.
    (13) Fail to provide an observer with the required food, 
accommodations, access, and assistance, specified in Sec. 651.31.
    (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 multispecies permit under Sec. 651.4(b) 
or a letter under Sec. 651.4(b)(7)(v), to do any of the following:
    (1) 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(b)(4) or Sec. 651.4(b)(5).
    (2) 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(b)(4) or 
Sec. 651.4(b)(5).
    (3) Combine, transfer, or consolidate DAS allocations. 
    
[[Page 8549]]

    (4) Fish for, possess at any time during a trip, or land per trip 
more than the possession limit of regulated species specified in 
Sec. 651.27(c) after using up the vessel's annual DAS allocation or 
when not participating under the DAS program pursuant to Sec. 651.22, 
unless otherwise exempted under Secs. 651.22(b)(3) or 651.34.
    (5) Possess or land per trip more than the possession limit 
specified under Sec. 651.22(b)(3)(i) if the vessel has been issued a 
limited access Small Vessel permit.
    (6) Fail to comply with the restrictions on fishing and gear 
specified in Sec. 651.22(b)(4) if the vessel has been issued a limited 
access Hook-Gear permit.
    (7) Fail to declare and be out of the multispecies fishery as 
required by Sec. 651.22(g), using the procedure described under 
Sec. 651.22(h), as applicable.
    (8) Land, or possess on board a vessel, more than the possession 
limit of winter flounder specified in Sec. 651.27(b), or violate any of 
the other provisions specified in Sec. 651.27(b).
    (9) If required to have a VTS unit 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 specified in Sec. 651.29(a).
    (10) Fail to comply with any requirement regarding the DAS 
notification specified in Sec. 651.29(a) or Sec. 651.29(b).
    (11) Fail to comply with other notification requirements, including 
a call-in system specified in Sec. 651.29(c), if required by the 
Regional Director.
    (12) Fail to provide notification of the beginning or ending of a 
trip, as required under Sec. 651.29(b) and Sec. 651.29(d).
    (c) 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 Handgear permit under Sec. 651.4(c) 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 specified in Sec. 651.33(a), 
unless the regulated species were harvested by a charter or party 
vessel.
    (2) Use, or possess on board, gear capable of harvesting 
multispecies finfish other than rod and reel or handline while in 
possession of, or fishing for, multispecies finfish.
    (3) Possess or land multispecies finfish during the time period 
specified in Sec. 651.33(a)(2).
    (d) 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 Scallop Multispecies Possession Limit permit under 
Sec. 651.4(c) to do any of the following:
    (1) Possess or land more than the possession limit of regulated 
species specified in Sec. 651.33(c).
    (2) Possess or land regulated species when not fishing under a 
scallop DAS.
    (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 
issued a valid Federal multispecies permit under this part, or a letter 
under Sec. 651.4(b)(7)(v), and the operator aboard such vessel was 
issued an operator's permit under Sec. 651.5 and a valid permit is 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) 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 issued a valid 
Federal multispecies permit under this part, or a letter under 
Sec. 651.4(b)(7)(v), and is not fishing under the charter/party 
restrictions specified in Sec. 651.34(d), or unless the multispecies 
finfish were harvested by a vessel that qualifies for the exception 
specified in paragraph (e)(1)(ii) of this section.
    (3) To be or act as an operator of a vessel fishing for or 
possessing multispecies finfish in or from the EEZ, or issued a Federal 
multispecies permit under this part, without having been issued and 
possessing a valid operator's permit issued under Sec. 651.5.
    (4) 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.
    (5) Purchase, possess, or receive for a commercial purpose or 
attempt to purchase, possess, or receive multispecies finfish caught by 
a vessel other than one issued a valid Federal multispecies permit 
under this part, or a letter under Sec. 651.4(b)(7)(v), unless the 
multispecies finfish were harvested by a vessel that qualifies for the 
exception specified in paragraph (e)(1)(ii) of this section.
    (6) 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.
    (7) 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.
    (8) 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, unless said fish are caught, possessed or landed in 
accordance with Sec. 651.20, or unless the vessel qualifies for the 
exception specified in paragraph (e)(1)(ii) of this section.
    (9) Fish with, use, or have on board, 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), (a)(8), (a)(9), (e), (f) and (j), or unless the 
vessel qualifies for the exception specified in paragraph (e)(1)(ii) of 
this section.
    (10) 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).
    (11) 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).
    (12) Violate any provisions of the Cultivator Shoals Whiting 
Fishery specified in Sec. 651.20(a)(4).
    (13) Fail to comply with the requirements of Sec. 651.20(a)(5). 
    
[[Page 8550]]

    (14) Fail to comply with the requirements of Sec. 651.20(a)(8).
    (15) Fail to comply with the requirements of Sec. 651.20(a)(9).
    (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), Sec. 651.20(e), Sec. 651.20(f), and Sec. 651.20(j), 
or unless the vessel qualifies for the exception specified in paragraph 
(e)(1)(ii) of this section.
    (18) Fish for the species specified in Sec. 651.20 (e) or (f) with 
a net of mesh size smaller than the applicable mesh size specified in 
Sec. 651.20(a)(2), Sec. 651.20(c)(2) or Sec. 651.20(d)(2), or possess 
or land such species, unless the vessel is in compliance with the 
requirements specified in Sec. 651.20(e) or Sec. 651.20(f), or unless 
the vessel qualifies for the exception specified in paragraph 
(e)(1)(ii) of this section.
    (19) Obstruct or constrict a net as described in Sec. 651.20(h)(1) 
and Sec. 651.20(2).
    (20) 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.
    (21) Violate any of the restrictions on fishing with scallop dredge 
gear specified in Sec. 651.20(i).
    (22) Violate any of the provisions of Sec. 651.20(j).
    (23) 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) and 
Sec. 651.21(d).
    (24) Enter or be in the area described in Sec. 651.21(b)(1) on a 
fishing vessel, except as provided in Sec. 651.21(b)(2).
    (25) 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 
Sec. 651.21(d).
    (26) Enter or be on a fishing vessel, or fail to remove gear from 
the EEZ portion of the areas described in Sec. 651.21(f)(1) through 
Sec. 651.21(h)(1), during the time period specified, except as provided 
in Sec. 651.21(d), Sec. 651.21(f)(2), Sec. 651.21(g)(2), and 
Sec. 651.21(h)(2).
    (27) Import, export, transfer, land, buy, sell or possess regulated 
species smaller than the minimum sizes 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.
    (28) Violate any terms of a letter authorizing experimental fishing 
pursuant to Sec. 651.24 or fail to keep such letter on board the vessel 
during the period of the experiment.
    (29) Fail to comply with the gear-marking requirements of 
Sec. 651.25.
    (30) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, fish in excess of the possession limits specified for 
vessels issued a Federal multispecies permit.
    (31) 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.
    (32) Violate any provision of Sec. 651.29.
    (33) 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).
    (34) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with a NMFS-approved observer aboard a vessel.
    (35) 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.
    (36) 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.
    (37) Interfere with, obstruct, delay, or prevent by any means a 
lawful investigation or search relating to the enforcement of this 
part.
    (f) In addition to the general prohibitions specified in Sec. 620.7 
of this chapter and the prohibitions specified in paragraphs (a) 
through (e) of this section, it is unlawful for the owner or operator 
of a charter or party boat issued a permit under Sec. 651.4, or of a 
recreational vessel, as applicable, to:
    (1) Fish with gear in violation of the restrictions specified in 
Sec. 651.34(a).
    (2) Possess regulated species smaller than the minimum sizes 
specified in Sec. 651.34(b).
    (3) Possess cod and haddock in excess of the possession limits 
specified in Sec. 651.34(c).
    (4) Sell, trade, barter, or otherwise transfer, or attempt to sell, 
trade, barter or otherwise transfer, multispecies finfish for a 
commercial purpose as specified in Sec. 651.34(d).
    (g) It is unlawful to violate any other provision of this part, the 
Magnuson Act, or any regulation or permit issued under the Magnuson 
Act.
    (h) Presumption. The possession for sale of regulated species that 
do not meet the minimum sizes specified in Sec. 651.23 will be prima 
facie evidence that such regulated species were taken or imported in 
violation of these regulations. Evidence that such fish were harvested 
by a vessel not issued a permit under this part and fishing exclusively 
within state waters will be sufficient to rebut the presumption. This 
presumption does not apply to fish being sorted on deck.
    5. In Sec. 651.20, paragraph (a)(9) is added and paragraphs (a)(2), 
(a)(3)(i)(B), (a)(4)(i)(E), (a)(6)(iii)(C), (a)(7), the introductory 
text of paragraph (a)(8) preceding the tables, paragraphs (a)(8)(i), 
(a)(8)(iii)(B), (c)(1), (c)(2), (c)(3)(ii), (c)(5), (d), (e)(2), 
(f)(2), (i), (j) introductory text and (j)(7) are revised to read as 
follows:


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

* * * * *
    (a) * * *
    (2) Gear restrictions. (i) Except as provided in paragraphs 
(a)(2)(iii) and (j) of this section, and unless otherwise restricted 
under paragraphs (a)(2)(ii) and (a)(5) of this section, the minimum 
mesh size for any trawl net, sink gillnet, Scottish seine, mid-water 
trawl, or purse seine, on a vessel, or used by a vessel fishing under a 
DAS in the multispecies DAS program in the GOM/GB regulated mesh area, 
shall be 6 inches (15.24 cm) square or diamond 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 
under Sec. 651.4 and that are fishing exclusively in state waters.
    (ii) Large Mesh vessels. When fishing in the GOM/GB regulated mesh 
area, the minimum mesh size for any sink gillnet on a vessel, or used 
by a vessel, fishing under a DAS in the Large Mesh DAS program 
specified in Sec. 651.22(b)(6) shall be 7-inch (17.78-cm) diamond mesh 
throughout the entire net. The minimum 

[[Page 8551]]
mesh size for any trawl net on a vessel, or used by a vessel, fishing 
under a DAS in the Large Mesh DAS program shall be 8-inch (20.32-cm) 
diamond 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 m)), or to vessels that have not been issued a Federal 
multispecies permit under Sec. 651.4 and that are fishing exclusively 
in state waters.
    (iii) Other gear and mesh exemptions. The minimum mesh size for any 
trawl net, sink gillnet, Scottish seine, mid-water trawl, or purse 
seine, on a vessel, or used by a vessel, when not fishing under the 
multispecies DAS program and when fishing in the GOM/GB regulated mesh 
area, is provided for under the exemptions specified in paragraphs 
(a)(3), (a)(4), (a)(6), (a)(8), (a)(9), (e), (f), (i), and (j) of this 
section. Vessels that are not fishing in one of these exemption 
programs, with exempted gear (as defined under this part), or under the 
Scallop state waters exemption program specified in Sec. 650.27 of this 
chapter, or under a multispecies DAS are prohibited from fishing in the 
GOM/GB regulated mesh area.
    (3) * * *
    (i) * * *
    (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; up to two standard 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.
* * * * *
    (4) * * *
    (i) * * *
    (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; 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.
* * * * *
    (6) * * *
    (iii) * * *
    (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), (a)(9), (c) and (d) of this section. Vessels may retain 
exempted small mesh species as provided in paragraphs (a)(4)(i), 
(a)(9)(i), (c)(3) and (d)(3), of this section.
    (7) Addition or deletion of exemptions. (i) An exemption may be 
added in an existing fishery for which there is sufficient data or 
information to ascertain the amount of regulated species bycatch, if 
the Regional Director, after consultation with the Council, determines 
that the percentage of regulated species caught as bycatch is, or can 
be reduced to, less than 5 percent by weight of total catch and that 
such exemption will not jeopardize fishing mortality objectives. In 
determining whether exempting a fishery may jeopardize meeting fishing 
mortality objectives, the Regional Director may take into consideration 
factors such as, but not limited to, juvenile mortality. A fishery can 
be defined, restricted or allowed by area, gear, season, or other means 
determined to be appropriate to reduce bycatch of regulated species. An 
existing exemption may be deleted or modified if the Regional Director 
determines that the catch of regulated species is equal to or greater 
than 5 percent by weight of total catch, or that continuing the 
exemption may jeopardize meeting fishing mortality objectives. 
Notification of additions, deletions or modifications will be made 
through publication of a rule in the Federal Register.
    (ii) The Council may recommend to the Regional Director, through 
the framework procedure specified in Sec. 651.40(b), additions or 
deletions to exemptions for fisheries either existing or proposed for 
which there may be insufficient data or information for the Regional 
Director to determine, without public comment, percentage catch of 
regulated species.
    (iii) The Regional Director may, using the process described in 
either paragraphs (a)(7) (i) or (ii) of this section, authorize an 
exemption for a white hake fishery by vessels using regulated mesh or 
hook gear. Determination of the percentage of regulated species caught 
in such fishery shall not include white hake.
    (iv) Restrictions on exempted fisheries. Exempted fisheries 
authorized under this paragraph are subject, at minimum, to the 
following restrictions:
    (A) With the exception of fisheries authorized under paragraph 
(a)(7)(iii) of this section, possession of regulated species will be 
prohibited.
    (B) Possession of monkfish or monkfish parts will be limited to 10 
percent by weight of all other species on board.
    (C) Possession of lobsters will be limited to 10 percent by weight 
of all other species on board or 200 lobsters, whichever is less.
    (D) Possession of skate or skate parts in the SNE regulated mesh 
area will be limited to 10 percent by weight of all other species on 
board.
    (8) Small Mesh Area 1/Small Mesh Area 2. Fisheries using nets of 
mesh smaller than the minimum size specified in paragraph (a)(2) of 
this section in subareas described as Small Mesh Area 1 and Small Mesh 
Area 2 of the Small Mesh Exemption Area as specified under paragraph 
(a)(3) of this section, and defined in this paragraph (a)(8), have 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 or possess nets of mesh smaller than the minimum size 
specified in paragraph (a)(2) of this section in these areas, if the 
vessel complies with the restrictions specified in paragraphs (a)(8)(i) 
through (iii) of this section. These subareas are defined by straight 
lines connecting the following points in the order stated (see Figure 4 
to part 651):
* * * * *
    (i) The fishing season is from July 15 through October 31 when 
fishing under the exemption in Small Mesh Area 1.
* * * * *
    (iii) * * *
    (B) Allowable bycatch. Vessels fishing for the exempted species 
identified in paragraph (a)(8)(iii)(A) of this section may also possess 
and land the following species, with the restrictions noted, as 
allowable bycatch species: Longhorn sculpin; monkfish and monkfish 
parts up to 10 percent by weight of all other species on board; and 
American lobster up to 10 percent by weight of all other species on 
board or two hundred lobsters, whichever is less.
    (9) Nantucket Shoals dogfish fishery exemption area. The Nantucket 
Shoals dogfish fishery as defined in this part 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 Nantucket Shoals dogfish 
fishery exemption area, if the vessel complies with the requirements 
specified in paragraph (a)(9)(i) of this section. The Nantucket Shoals 
dogfish fishery exemption area is defined by straight lines connecting 
the following points in the order stated (see Figure 4 to part 651):

[[Page 8552]]


                 Nantucket Shoals Dogfish Exemption Area                
------------------------------------------------------------------------
              Point                     Latitude            Longitude   
------------------------------------------------------------------------
NS1.............................  41 deg.45' N          70 deg.00' W.   
NS2.............................  41 deg.45' N          69 deg.20' W.   
NS3.............................  41 deg.30' N          69 deg.20' W.   
Cl1.............................  41 deg.30' N          69 deg.23' W.   
NS5.............................  41 deg.26.5' N        69 deg.20' W.   
NS6.............................  40 deg.50' W          69 deg.20' N.   
NS7.............................  40 deg.50' W          70 deg.00' N.   
NS1.............................  41 deg.45' N          70 deg.00' W.   
------------------------------------------------------------------------

    (i) Requirements. Vessels authorized to fish in this fishery must 
have on board an authorizing letter issued by the Regional Director. 
Vessels are subject to the following conditions:
    (A) Authorized vessels may not fish for, possess on board or land 
any species of fish other than dogfish except as provided under 
paragraph (a)(9)(i)(D) of this section.
    (B) Authorized vessels may fish under this exemption during the 
season of June 1 through October 15.
    (C) When transiting 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 specified in paragraph (a)(2) of this section, 
must be stowed according to the provisions of paragraph (c)(4) of this 
section.
    (D) The following may be retained, with the restrictions noted, as 
allowable bycatch species in the Nantucket Shoals dogfish fishery 
exemption area as described in this section: Longhorn sculpin, up to 
two standard totes of silver hake (whiting); monkfish and monkfish 
parts up to 10 percent by weight of all other species on board; 
American lobster up to 10 percent by weight of all other species on 
board or two hundred lobsters, whichever is less; and skate or skate 
parts up to 10 percent by weight of all other species on board.
    (E) Authorized vessels must comply with any additional gear 
restrictions specified in the authorization letter issued by the 
Regional Director.
    (ii) Sea Sampling. The Regional Director may 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.
* * * * *
    (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 the eastern boundary of the Mid-    
  Atlantic regulated mesh area.                                         

    (2) Gear restrictions. (i) Except as provided in paragraphs 
(c)(2)(iii) and (j) of this section, and unless otherwise restricted 
under paragraph (c)(2)(ii) of this section, the minimum mesh size for 
any trawl net, sink gillnet, Scottish seine, purse seine or mid-water 
trawl, in use, or available for immediate use as described under 
paragraph (c)(4) of this section, by a vessel fishing under a DAS in 
the multispecies DAS program in the Southern New England (SNE) 
regulated mesh area, shall be 6 inches (15.24 cm) square or diamond 
mesh throughout the entire net. This restriction does not apply to 
vessels that have not been issued a Federal multispecies permit under 
Sec. 651.4 and that are fishing exclusively in state waters.
    (ii) Large Mesh vessels. When fishing in the SNE regulated mesh 
area, the minimum mesh size for any sink gillnet on a vessel, or used 
by a vessel, fishing under a DAS in the Large Mesh DAS program 
specified in Sec. 651.22(b)(6) shall be 7-inch (17.78-cm) diamond mesh 
throughout the entire net. The minimum mesh size for any trawl net on a 
vessel, or used by a vessel, fishing under a DAS in the Large Mesh DAS 
program shall be 8-inch (20.32-cm) diamond 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 under 
Sec. 651.4 and that are fishing exclusively in state waters.
    (iii) Other gear and mesh exemptions. The minimum mesh size for any 
trawl net, sink gillnet, Scottish seine, mid-water trawl, or purse 
seine, in use, or available for immediate use as described under 
paragraph (c)(4) of this section, by a vessel when not fishing under 
the multispecies DAS program and when fishing in the SNE regulated mesh 
area, is provided for under the exemptions specified in paragraphs 
(c)(3), (e), (f), (i), and (j) of this section. Vessels that are not 
fishing in one of these exemption programs, with exempted gear (as 
defined under this part), or under the Scallop state waters exemption 
program specified in Sec. 650.27 of this chapter, or under a 
multispecies DAS are prohibited from fishing in the SNE regulated mesh 
area.
    (3) * * *
    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh smaller than 
the minimum size specified in paragraph (c)(2)(i) 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)(i) 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; searobins; black sea bass; red 
hake; tautog (blackfish); blowfish (puffer); cunner; John Dory; mullet; 
bluefish; tilefish; longhorn sculpin; fourspot flounder; alewife; 
hickory shad; American shad; blueback herring; sea ravens; Atlantic 
croaker; spot; swordfish; monkfish and monkfish parts up to 10 percent 
by weight of all other species on board; American lobster up to 10 
percent by weight of all other species on board or two hundred 
lobsters, whichever is less; and skate and skate parts up to 10 percent 
by weight of all other species on board.
* * * * *
    (5) Addition or deletion of exemptions. An exemption may be added, 
deleted or modified pursuant to the procedure described in paragraph 
(a)(7) of this section.
    (d) Mid-Atlantic regulated mesh area. (1) Area definition. The Mid-
Atlantic (MA) regulated mesh area is that area bounded on the east by a 
line running from the Rhode Island shoreline along 71 deg.47.5' W. 
long. to its intersection with the 3 nautical mile line, south along 
the 3 nautical mile line to Montauk Point, southwesterly along the 3 
nautical mile line to the intersection of 72 deg.30' W. long., and 
south along that line to the intersection of the outer boundary of the 
EEZ (see Figure 1 to part 651).
    (2) Gear restrictions. (i) Except as provided in paragraphs (d)(3) 
and (j) of this section, and unless otherwise restricted under 
paragraph (d)(2)(ii) of this section, the minimum mesh size for 

[[Page 8553]]
any trawl net, sink gillnet, Scottish seine, purse seine or mid-water 
trawl, in use, or available for immediate use as described under 
paragraph (c)(4) of this section, by a vessel fishing under a DAS in 
the multispecies DAS program in the MA 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 Federal multispecies permit under Sec. 651.4 and that are 
fishing exclusively in state waters.
    (ii) Large mesh vessels. When fishing in the MA regulated mesh 
area, the minimum mesh size for any sink gillnet on a vessel, or used 
by a vessel, fishing under a DAS in the Large Mesh DAS program 
specified in Sec. 651.22(b)(6) shall be 7-inch (17.78-cm) diamond mesh 
throughout the entire net. The minimum mesh size for any trawl net on a 
vessel, or used by a vessel, fishing under a DAS in the Large Mesh DAS 
program shall be 8-inch (20.32-cm) 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 sq. ft (0.81 m2)), or to vessels 
that have not been issued a Federal multispecies permit under 
Sec. 651.4 and that are fishing exclusively in state waters.
    (3) Exemptions. Vessels in the MA regulated mesh area may fish with 
or possess nets of mesh size smaller than the minimum size specified in 
paragraph (d)(2) of this section provided that they do not possess or 
land multispecies finfish, except as provided in Sec. 651.27(b).
    (ii) Net stowage exemption. Vessels may possess regulated species 
while in possession of nets with mesh smaller than the minimum size 
specified in paragraph (d)(2)(i) 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)(i) of this section.
    (4) Additional exemptions. The Regional Director may, using the 
process described in either (a)(7)(i) or (a)(7)(ii), authorize an 
exemption for a white hake fishery by vessels using regulated mesh or 
hook gear. Determination of the percentage of regulated species caught 
in such a fishery shall not include white hake.
    (e) * * *
    (2) When fishing under this exemption in the GOM/GB Regulated Mesh 
Area vessels must have on board an authorizing letter issued by the 
Regional Director;
* * * * *
    (f) * * *
    (2) When fishing under this exemption in the GOM/GB Regulated Mesh 
Area vessels must have on board an authorizing letter issued by the 
Regional Director;
* * * * *
    (i) Scallop vessels. (1) Except as provided in paragraph (i)(2) of 
this section, scallop vessels that possess a limited access permit 
under Sec. 650.4 of this chapter, and that are fishing under the 
scallop DAS program described in Sec. 650.24, may possess and land up 
to 300 lb (136.1 kg) of regulated species, unless otherwise restricted 
pursuant to Sec. 651.27(a)(2).
    (2) Combination vessels fishing under a multispecies DAS are 
subject to the gear restrictions specified in Sec. 651.20 and may 
possess and land unlimited amounts of regulated species. Such vessels 
may simultaneously fish under a scallop DAS.
    (j) State waters winter flounder exemption. Any vessel issued a 
Federal limited access multispecies permit under this part may fish 
for, possess, or land winter flounder while fishing with nets of mesh 
smaller than the minimum size specified in paragraphs (a)(2), (c)(2), 
and (d)(2) of this section provided that:
* * * * *
    (7) The vessel, when not fishing under the DAS program, does not 
fish for, possess, or land more than 500 lb (226.8 kg) of winter 
flounder;
* * * * *
    6. In Sec. 651.21, paragraphs (a)(2)(i), (b)(2)(i), (c)(2)(i), (d) 
and (e) introductory text are revised, and paragraphs (f), (g), and (h) 
are added to read as follows:


Sec. 651.21  Closed areas.

    (a) * * *
    (2) * * *
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish, and that have 
no other gear on board capable of catching multispecies finfish; and
* * * * *
    (b) * * *
    (2) * * *
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish, and that have 
no other gear on board capable of catching multispecies finfish;
* * * * *
    (c) * * *
    (2) * * *
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish, and that have 
no other gear on board capable of catching multispecies finfish;
* * * * *
    (d) Transiting. Vessels may transit Closed Area I, the Nantucket 
Lightship Closed Area, the Northeast Closure Area, the Mid-coast 
Closure Area, and the Massachusetts Bay Closure Area, as defined in 
paragraphs (a)(1), (c)(1), (f)(1), (g)(1) and (h)(1), respectively, of 
this section, provided that their gear is stowed in accordance with the 
provisions of paragraph (e) of this section.
    (e) Gear stowage requirements. Vessels transiting the closed areas 
must stow their gear as follows:
* * * * *
    (f) Northeast Closure Area. (1) During the period August 15 through 
September 13, no fishing vessel or person on a fishing vessel may 
enter, fish, or be, and no fishing gear capable of catching 
multispecies finfish, unless otherwise allowed in this part may be, in 
the area known as the Northeast Closure Area (Figure 3 to part 651), as 
defined by straight lines connecting the following points in the order 
stated, except as specified in paragraphs (d) and (f)(2) of this 
section:

------------------------------------------------------------------------
             Point                     Latitude            Longitude    
------------------------------------------------------------------------
NE1............................  Maine                68 deg.55.0' W.   
                                 shoreline                              
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                67 deg.02.7' W.   
                                 shoreline                              
------------------------------------------------------------------------

    (2) Exceptions. Paragraph (f)(1) of this section does not apply to 
persons on fishing vessels or fishing vessels:
    (i) That have not been issued a Federal multispecies permit under 
Sec. 651.4 and that are fishing exclusively in state waters;
    (ii) Fishing with or using exempted gear as defined under this 
part, excluding mid-water trawl gear, provided that there is no other 
gear on board capable of catching multispecies finfish; and
    (iii) Classified as charter, party, or recreational.
    (g) Mid-coast Closure Area. (1) During the period November 1 
through December 31, no fishing vessel or person on a fishing vessel 
may enter, fish, or be, and no fishing gear capable of catching 
multispecies finfish unless otherwise allowed in this part may be, 

[[Page 8554]]
in the area known as the Mid-coast Closure Area (Figure 3 to part 651), 
as defined by straight lines connecting the following points in the 
order stated, except as specified in paragraphs (d) and (g)(2) of this 
section:

------------------------------------------------------------------------
             Point                   Latitude             Longitude     
------------------------------------------------------------------------
MC1...........................  42 deg.30'N         Massachusetts       
                                                    shoreline.          
MC2...........................  42 deg.30'N         70 deg.15'W.        
MC3...........................  42 deg.40'N         70 deg.15'W.        
MC4...........................  42 deg.40'N         70 deg.00'W.        
MC5...........................  43 deg.00'N         70 deg.00'W.        
MC6...........................  43 deg.00'N         69 deg.30'W.        
MC7...........................  43 deg.15'N         69 deg.30'W.        
MC8...........................  43 deg.15'N         69 deg.00'W.        
MC9...........................  Maine               69 deg.00'W.        
                                shoreline                               
------------------------------------------------------------------------

    (2) Exceptions. Paragraph (g)(1) of this section does not apply to 
persons on fishing vessels or fishing vessels:
    (i) That have not been issued a Federal multispecies permit under 
Sec. 651.4 and that are fishing exclusively in state waters;
    (ii) Fishing with or using exempted gear as defined under this 
part, excluding mid-water trawl gear, provided that there is no other 
gear on board capable of catching multispecies finfish; and
    (iii) Classified as charter, party, or recreational.
    (h) Massachusetts Bay Closure Area. (1) During the period March 1 
through March 30, no fishing vessel or person on a fishing vessel may 
enter, fish, or be, and no fishing gear capable of catching 
multispecies finfish, unless otherwise allowed in this part may be, in 
the area known as the Massachusetts Bay Closure Area (Figure 3 to part 
651), as defined by straight lines connecting the following points in 
the order stated, except as specified in paragraphs (d) and (h)(2) of 
this section:

------------------------------------------------------------------------
             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          70 deg.00' W.        
                                  shoreline                             
MB6............................  42 deg.00' N      Cape Cod             
                                                   shoreline.           
MB7............................  42 deg.00' N      Massachusetts        
                                                   shoreline.           
------------------------------------------------------------------------

    (2) Exceptions. Paragraph (h)(1) of this section does not apply to 
persons on fishing vessels or fishing vessels:
    (i) That have not been issued a Federal multispecies permit under 
Sec. 651.4 and that are fishing exclusively in state waters;
    (ii) Fishing with or using exempted gear as defined under this 
part, excluding mid-water trawl gear, provided that there is no other 
gear on board capable of catching multispecies finfish; and
    (iii) Classified as charter, party, or recreational.
    7. Section 651.22 is revised to read as follows:


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

    (a) A limited access multispecies vessel issued a permit under 
Sec. 651.4(b) may not fish for, possess or land regulated species 
except during a DAS as allocated under and in accordance with the 
applicable DAS program described below, unless otherwise provided in 
these regulations.
    (b) DAS program--Permit categories, allocations and initial 
assignments to categories. Beginning with the 1996 fishing year, all 
limited access multispecies permit holders shall be assigned to one of 
the following DAS permit categories according to the criteria 
specified. Permit holders may request a change in permit category for 
the 1996 fishing year and all fishing years thereafter as specified in 
Sec. 651.4(f)(3). Each fishing year shall begin on May 1 and extend 
through April 30 of the following year.
    (1) Individual DAS Category--(i) DAS allocation. Vessels fishing 
under the Individual DAS category shall be allocated 65 percent of 
their initial 1994 allocation baseline as established under Amendment 5 
to the FMP for the 1996 fishing year and 50 percent of the vessel's 
initial allocation baseline for the 1997 fishing year and beyond, as 
calculated under paragraph (d)(1) of this section.
    (ii) Initial assignment. All vessels issued valid Individual DAS 
limited access multispecies permits, including vessels also issued 
limited access multispecies Gillnet category permits, as of the 
effective date of the final rule for Amendment 7, shall be initially 
assigned to this category.
    (2) Fleet DAS Category--(i) DAS allocation. Vessels fishing under 
the Fleet DAS category shall be allocated 139 DAS for the 1996 fishing 
year, and 88 DAS for the 1997 fishing year and beyond.
    (ii) Initial assignment. As of the effective date of the final rule 
for Amendment 7, vessels issued valid permits in one of the following 
categories shall be initially assigned to this category: Fleet DAS 
permit holders, including vessels also issued limited access 
multispecies Gillnet category permits; limited access multispecies 
Hook-Gear permit holders; limited access multispecies Gillnet permit 
holders that have not also been issued a permit in a DAS permit 
category; limited access multispecies 45 ft (13.7 m) 
category permit holders that are larger than 20 ft (6.1 m) in length as 
determined by the most recent permit application.
    (3) Small vessel category--(i) DAS allocation. Vessels qualified 
and electing to fish under the Small Vessel category may retain cod, 
haddock, and yellowtail flounder, combined up to 300 lb (136.1 kg) per 
trip without being subject to DAS restrictions. These vessels are not 
subject to a possession limit for the other multispecies finfish.
    (ii) Initial assignment. All vessels issued a valid limited access 
multispecies permit and fishing under the Small boat exemption (less 
than or equal to 45 ft (13.7 m)) permit as of the effective date of the 
final rule for Amendment 7, and that are 20 ft (6.1 m) or less in 
length as determined by the vessel's last application for a permit 
shall be initially assigned to this category. Other vessels may elect 
to change into this category as provided for in Sec. 651.4(f)(3) if 
such vessel meets or complies with the following:
    (A) The vessel is 30 ft (9.1 m) or less in length overall as 
determined by measuring 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) Vessels for which construction was begun after May 1, 1994, 
must be constructed such that the quotient of the overall length 
divided by the beam will not be less than 2.5; and
    (C) Acceptable verification for vessels 20 ft (6.1 m) or less in 
length shall be U.S. Guard documentation or state registration papers. 
For vessels over 20 ft (6.1 m) in length, the measurement of length 
must be verified in writing by a qualified marine surveyor, or the 
builder, based on the boat's construction plans, or by other means 
determined acceptable by the Regional Director. A copy of the 
verification must accompany an application for a Federal multispecies 
permit issued under Sec. 651.4.
    (D) Adjustments to the small-boat category requirements, including 
changes to the length requirement, if required to meet fishing 
mortality goals, may be made following a reappraisal and analysis under 
the framework provisions specified in subpart C of this part.
    (4) Hook-Gear Category--(i) DAS allocation. Vessels issued a valid 

[[Page 8555]]
    limited access multispecies Hook-Gear permit shall be allocated 139 DAS 
for the 1996 fishing year and 88 DAS for the 1997 fishing year and 
beyond. A vessel fishing in this permit category under the DAS program 
must meet or comply with the following while fishing for, in possession 
of, or landing, regulated species:
    (A) Vessels, and persons on such vessels, are prohibited from 
possessing gear other than hook gear on board the vessel; and
    (B) Vessels, and persons on such vessels, are prohibited from 
fishing, setting, or hauling back, per day, or possessing on board the 
vessel, more than 4,500 rigged hooks. An unbaited hook and gangion that 
has not been secured to the ground line of the trawl on board a vessel 
is deemed to be a replacement hook and is not counted toward the 4,500 
hook limit. A ``snap-on'' hook is deemed to be a replacement hook if it 
is not rigged or baited.
    (ii) Initial assignment. No vessel shall be initially assigned to 
the Hook-Gear category. Any vessel that meets the qualifications 
specified in Sec. 651.4(b)(1) may apply for and obtain a permit to fish 
under this category.
    (5) Combination Vessel Category--(i) DAS allocation. Vessels 
fishing under the Combination Vessel category shall be allocated 65 
percent of their initial 1994 allocation baseline as established under 
Amendment 5 to the FMP for the 1996 fishing year and 50 percent of the 
vessel's initial allocation baseline for the 1997 fishing year and 
beyond, as calculated under paragraph (d)(1) of this section.
    (ii) Initial assignment. All vessels issued a valid limited access 
multispecies permit qualified to fish as a Combination Vessel as of the 
effective date of the final rule for Amendment 7 shall be assigned to 
this category.
    (6) Large Mesh DAS Category--(i) DAS allocation. Vessels fishing 
under the Large Mesh DAS category shall be allocated 155 DAS for the 
1996 fishing year, and 120 DAS for the 1997 fishing year and beyond. To 
be eligible to fish under the Large Mesh DAS permit category a vessel 
must fish with gillnet gear with a minimum mesh net of 7- inch (17.78-
cm) diamond or trawl gear with a minimum mesh size of 8-inch (20.32-cm) 
diamond, as described under Sec. 651.20(a)(2)(ii), (c)(2)(ii), and 
(d)(2)(ii).
    (ii) Initial assignment. No vessel shall be initially assigned to 
the Large Mesh DAS category. Any vessel that is initially assigned to 
the Individual DAS, Fleet DAS, or Small Vessel permit category may 
request and be granted a change in category into this category as 
specified in Sec. 651.4(f)(3).
    (c) 1996 DAS appeals. A vessel that was issued a valid 1995 limited 
access multispecies permit and fishing under the Small boat exemption 
(less than or equal to 45 ft (13.7 m)), Hook-Gear or Gillnet permit 
categories, that elects to fish under the Individual DAS category, and 
has not previously been allocated Individual DAS, is eligible to appeal 
its allocation of DAS if it has not previously done so, as described 
under paragraph (d)(2) of this section. Each of these vessel's initial 
allocation of Individual DAS will be considered to be 176 for purposes 
of this appeal (that is, the Fleet DAS category baseline prior to the 
1996-1997 reductions).
    (d) Individual DAS allocations--(1) Calculation of a vessel's 
Individual DAS. The DAS assigned to a vessel for purposes of 
determining that vessel's annual allocation under the Individual DAS 
Program shall be calculated as follows:
    (i) Calculate the total number of the vessel's multispecies DAS for 
the years 1988, 1989, and 1990. Multispecies DAS are deemed to be the 
total number of days the vessel was absent from port for a trip where 
greater than 10 percent of the vessel's total landings were comprised 
of regulated species, minus any days for such trips in which a scallop 
dredge was used;
    (ii) Exclude the year of least multispecies DAS; and
    (iii) If 2 years of multispecies DAS are remaining, average those 
years' DAS, or, if only 1 year remains, use that year's DAS.
    (2) Appeal of DAS allocation--(i) Appeal criteria. Initial 
allocations of Individual DAS to those vessels authorized to appeal 
under paragraph (c) of this section may be appealed to the Regional 
Director if a request to appeal is received by the Regional Director no 
later than July 31, 1996, or 30 days after the initial allocation is 
made, whichever is later. Any such appeal must be in writing and be 
based on one or more of the following grounds:
    (A) The information used by the Regional Director was based on 
mistaken or incorrect data;
    (B) The applicant was prevented by circumstances beyond his/her 
control from meeting relevant criteria; or
    (C) The applicant has new or additional information.
    (ii) The Regional Director will appoint a designee who will make an 
initial decision on the written appeal.
    (iii) If the applicant is not satisfied with the initial decision, 
the applicant may request that the appeal be presented at a hearing 
before an officer appointed by the Regional Director.
    (iv) The hearing officer shall present his/her findings to the 
Regional Director and the Regional Director will make a decision on the 
appeal. The Regional Director's decision on this appeal is the final 
administrative decision of the Department of Commerce.
    (3) Status of vessels pending appeal of DAS allocations. Vessels, 
while their Individual DAS allocation is under appeal, may fish under 
the Fleet DAS category until the Regional Director has made a final 
determination on the appeal. Any DAS spent fishing for regulated 
species by a vessel while that vessel's initial DAS allocation is under 
appeal, shall be counted against any DAS allocation that the vessel may 
ultimately receive.
    (e) Accrual of DAS. DAS shall accrue in hourly increments, with all 
partial hours counted as full hours.
    (f) Good Samaritan credit. Limited access vessels fishing under the 
DAS program and that spend time at sea for one of the following 
reasons, and that can document the occurrence through the U.S. Coast 
Guard, will be credited for the time documented:
    (1) Time spent assisting in a U.S. Coast Guard search and rescue 
operation; or
    (2) Time spent assisting the U.S. Coast Guard in towing a disabled 
vessel.
    (g) Spawning season restrictions. Vessels issued a valid Small 
Vessel category permit under paragraph (b)(3) of this section may not 
fish for, possess, or land regulated species between March 1 and March 
20 of each year. All other vessels issued limited access permits must 
declare out and be out of the regulated multispecies finfish fishery 
for a 20-day period between March 1 and May 31 of each fishing year 
using the notification requirements specified under Sec. 651.29. If a 
vessel owner has not declared, or taken, the period of time required 
between March 1 and May 31 of each fishing year on or before May 12 of 
each such year, the vessel is prohibited from fishing for, possessing 
or landing any regulated species during the period May 12 through May 
31, inclusive.
    (h) Declaring DAS and 20-day blocks. A vessel's owner or authorized 
representative shall notify the Regional Director of a vessel's 
participation in the DAS program and declaration of its 20-day spawning 
period out of the multispecies fishery using the notification 
requirements specified under Sec. 651.29.
    (i) Adjustments in annual DAS allocations. Adjustments in annual 
DAS allocations, if required to meet fishing mortality goals, may be 
made following 

[[Page 8556]]
a reappraisal and analysis as specified in subpart C of this part.
    8. In Sec. 651.23, the introductory text of paragraph (a) and 
paragraphs (d) and (e) are revised to read as follows:


Sec. 651.23  Minimum fish size.

    (a) Minimum fish sizes for recreational vessels and charter/party 
vessels that are not fishing under a multispecies DAS are specified in 
Sec. 651.34. All other vessels are subject to minimum fish sizes (total 
length) as follows:
* * * * *
    (d) Exception. (1) Each person aboard a vessel issued a limited 
access permit and fishing under the DAS program may possess up to 25 lb 
(11.3 kg) of fillets that measure less than the minimum size, if such 
fillets are from legal-sized fish and are not offered or intended for 
sale, trade, or barter.
    (e) Adjustments of minimum size. (1) At anytime when information is 
available, the Council will review the best available mesh selectivity 
information to determine the appropriate minimum size for the species 
listed in paragraph (a) of this section, except winter flounder, 
according to the length at which 25 percent of the regulated species 
would be retained by the applicable minimum mesh size.
    (2) Upon determination of the appropriate minimum sizes, the 
Council shall propose the minimum fish sizes to be implemented 
following the procedures specified in subpart C of this part.
    (3) Additional adjustments or changes to the minimum fish sizes 
specified in paragraphs (a) and (b) of this section, and exemptions as 
specified in paragraphs (a) and (b) of this section, and exemptions as 
specified in paragraph (c) of this section, may be made at any time 
after implementation of the final rule as specified under subpart C of 
this part.
    9. Section 651.27 is revised to read as follows:


Sec. 651.27  Additional possession limits on haddock and winter 
flounder.

    (a) Haddock--(1) Multispecies DAS vessels. A vessel issued a 
limited access multispecies permit under this part that is fishing 
under a multispecies DAS may land, or possess on board, up to 1000 lb 
(453.6 kg) of haddock. Haddock on board a vessel subject to this 
possession limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
    (2) 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 without 
a permit under this part may possess haddock in, or harvested from, the 
EEZ, from January 1 through June 30.
    (iii) From July 1 through December 31, no scallop dredge vessel or 
persons owning or operating a scallop dredge vessel, that is fishing 
under the scallop DAS program as described in Sec. 651.20(i), may land, 
or possess on board, more than 300 lbs (136.1 kg) of haddock. Haddock 
on board a vessel subject to this possession limit must be separated 
from other species of fish and stored so as to be readily available for 
inspection.
    (b) Winter flounder. A vessel issued a limited access permit under 
this part that is fishing in the MA regulated mesh area and is not 
fishing under a multispecies DAS, may land, or possess on board, winter 
flounder up to 10 percent by weight of all other species on board or 
200 lb (90.7 kg), whichever is less. Winter flounder on board a vessel 
subject to this possession limit must be separated from other species 
of fish and stored so as to be readily available for inspection in 
standard totes.
    (c) Vessels are subject to any other applicable possession limit 
restrictions of this part.
    10. In Sec. 651.28, the heading and the first sentence of paragraph 
(a), and paragraphs (b) and (c) are revised to read as follows:


Sec. 651.28  Monitoring requirements.

    (a) Individual DAS limited access multispecies vessels. Unless 
otherwise authorized or required by the Regional Director under 
Sec. 651.29(b), vessel owners fishing under the Individual DAS program 
and Combination Vessels must have installed on board an operational VTS 
unit that meets the minimum performance criteria specified in paragraph 
(a)(2) of this section, or as modified annually as specified in 
paragraph (a)(1) of this section. * * *
    (b) Fleet DAS and other limited access multispecies vessels. 
Vessels issued limited access multispecies permits who are 
participating in a DAS program and who are not required to provide 
notification using a VTS shall be subject to the call-in requirements 
specified in Sec. 651.29(b).
    (c) Charter/party vessels. Charter/party vessels that are not 
fishing under a multispecies DAS are subject to the following 
requirements:
    (1) A vessel must declare into and out of the charter/party fishery 
providing notification under Sec. 651.29(b).
    (2) Vessels that declare into the charter/party fishery are subject 
to the restrictions in Sec. 651.34.
    (3) Once a vessel has declared into the charter/party fishery, that 
vessel must remain in the charter/party fishery for a minimum of 24 
hours.
    11. Section 651.29 is revised to read as follows:


Sec. 651.29  DAS notification program.

    (a) VTS notification. Unless otherwise authorized by the Regional 
Director as specified in paragraph (c) of this section, owners of 
vessels issued limited access multispecies permits that have elected to 
or are required to use a VTS system shall be subject to the following 
requirements:
    (1) Vessels that are issued limited access multispecies permits, 
that have crossed the demarcation line specified under paragraph 
(d)(ii) of this section, are deemed to be fishing under the DAS program 
unless the vessel's owner or authorized representative declares the 
vessel out of the multispecies fishery, by notifying the Regional 
Director through the VTS. The owner or authorized representative of any 
vessel that has been declared out of the multispecies fishery must 
notify the Regional Director through the VTS prior to leaving port on 
the vessel's next trip under the DAS program.
    (2) If the VTS is not available, or not functional, and if 
authorized by the Regional Director, a vessel owner must comply with 
the call-in notification requirements specified in paragraph (b) of 
this section.
    (3) Notification that the vessel is not under the DAS program must 
be received prior to the vessel leaving port. A change in status of a 
vessel cannot be made after the vessel leaves port or before it returns 
to port on any fishing trip.
    (b) Call-in notification. Vessel owners authorized or required to 
provide notification using the call-in system shall be subject to the 
following requirements:
    (1) The vessel owner or authorized representative shall notify the 
Regional Director, prior to leaving port, that the vessel will be 
participating in the applicable DAS program, or the charter party 
fishery, by calling 1-800-260-8204 or 508-281-9335, and providing the 
following information: Vessel name and permit number, owner and caller 
name and phone number, the type of trip to be taken, the port of 
departure, and that the vessel is beginning a trip.
    (2) A multispecies DAS, or a vessel's participation in the charter/
party fishery, begins once the call has been 

[[Page 8557]]
received and confirmation given by the Regional Director.
    (3) A vessel must keep its confirmation number on board for the 
duration of the trip and must provide it to an authorized officer upon 
request.
    (4) Upon returning to port, at the conclusion of a trip as defined 
in paragraph (d) of this section or when the vessel is leaving the 
charter/party fishery, the vessel owner or owner's representative shall 
notify the Regional Director that the trip has ended by calling 1-800-
260-8204 or 508-281-9335, and providing the following information: 
Vessel name and permit number, owner and caller name and telephone 
number, port landed, confirmation number, and that the trip has ended.
    (5) A DAS, or the vessel's participation in the charter/party 
fishery, ends when the call has been received and confirmation given by 
the Regional Director.
    (6) Any vessel issued a limited access multispecies permit subject 
to the DAS program and call-in requirement, that possess or lands 
regulated species, except as provided in Sec. 651.23, shall be deemed 
in the DAS program for purposes of counting DAS, regardless of whether 
or not the vessel's owner or authorized representative provided 
adequate notification as required by this part.
    (7) Any change in status of a vessel cannot be done after leaving 
port on any fishing trip.
    (c) Temporary authorization for use of the call-in system. The 
Regional Director may authorize or require, on a temporary basis, the 
use of an alternative call-in system of notification. If the call-in 
system is authorized or required, the Regional Director shall notify 
affected permit holders through a letter, notification in the Federal 
Register, or other appropriate means. Vessel owners authorized or 
required by the Regional Director to provide notification by a call-in 
system under this paragraph shall be subject to the requirements 
specified in paragraph (b) of this section.
    (d) Counting of DAS. DAS shall be counted as follows:
    (1) Vessels fishing under the VTS system. (i) DAS for vessels that 
are under the VTS monitoring system described in Sec. 651.29(a) are 
counted beginning with the first hourly location signal received 
showing that the vessel crossed the Vessel Tracking System Demarcation 
Line leaving port. A trip concludes and accrual of DAS ends with the 
first hourly location signal received showing that the vessel crossed 
the Vessel Tracking System Demarcation Line upon its return to port.
    (ii) Vessel Tracking System Demarcation Line. The VTS Demarcation 
Line is defined as straight lines connecting the following points in 
the order stated (see Figures 6 and 7 to part 651):

                 Vessel Tracking System Demarcation Line                
------------------------------------------------------------------------
          Description                 Longitude             Latitude    
------------------------------------------------------------------------
1. Northern terminus point      45 deg.03' N           66 deg.47' W.    
 (Canada land mass).                                                    
2. A point east of West Quoddy  44 deg.48.9' N         66 deg.56.1' W.  
 Head Light.                                                            
3. A point east of Little       44 deg.39.0' N         67 deg.10.5' W.  
 River Light.                                                           
4. Whistle Buoy ``8BI'' (SSE    44 deg.13.6' N         68 deg.10.8' W.  
 of Baker Island).                                                      
5. Isle au Haut Light.........  44 deg.03.9' N         68 deg.39.1' W.  
6. Pemaquid Point Light.......  43 deg.50.2' N         69 deg.30.4' W.  
7. A point west of Halfway      43 deg.38.0' N         70 deg.05.0' W.  
 Rock.                                                                  
8. A point east of Cape         43 deg.09.9' N         70 deg.34.5' W.  
 Neddick Light.                                                         
9. Merrimack River Entrance     42 deg.48.6' N         70 deg.47.1' W.  
 ``MR'' Whistle Buoy.                                                   
10. Halibut Point Gong Buoy     42 deg.42.0' N         70 deg.37.5' W.  
 ``1AHP''.                                                              
11. Connecting reference point  42 deg.40' N           70 deg.30' W.    
12. Whistle Buoy ``2'' off      42 deg.34.3' N         70 deg.39.8' W.  
 Eastern Point.                                                         
13. The Graves Light (Boston).  42 deg.21.9' N         70 deg.52.2' W.  
14. Minots Ledge Light........  42 deg.16.2' N         70 deg.45.6' W.  
15. Farnham Rock Lighted Bell   42 deg.05.6' N         70 deg.36.5' W.  
 Buoy.                                                                  
16. Cape Cod Canal Bell Buoy    41 deg.48.9' N         70 deg.27.7' W.  
 ``CC''.                                                                
17. A point inside Cape Cod     41 deg.48.9' N         70 deg.05' W.    
 Bay.                                                                   
18. Race Point Lighted Bell     42 deg.04.9' N         70 deg.16.8' W.  
 Buoy ``RP''.                                                           
19. Peaked Hill Bar Whistle     42 deg.07.0' N         70 deg.06.2' W.  
 Buoy ``2PH''.                                                          
20. Connecting point, off       41 deg.50' N.          69 deg.53' W.    
 Nauset Light.                                                          
21. A point south of Chatham    41 deg.38' N.          69 deg.55.2' W.  
 ``C'' Whistle Buoy.                                                    
22. A point in eastern          41 deg.30' N           70 deg.33' W.    
 Vineyard Sound.                                                        
23. A point east of Martha's    41 deg.22.2' N         70 deg.24.6' W.  
 Vineyard.                                                              
24. A point east of Great Pt.   41 deg.23.4' N.        69 deg.57' W.    
 Light, Nantucket.                                                      
25. A point SE of Sankaty       41 deg.13' N           69 deg.57' W.    
 Head, Nantucket.                                                       
26. A point west of Nantucket.  41 deg.15.6' N         70 deg.25.2' W.  
27. Squibnocket Lighted Bell    41 deg.15.7' N         70 deg.46.3' W.  
 Buoy ``1''.                                                            
28. Wilbur Point (on Sconticut  41 deg.35.2' N         70 deg.51.2' W.  
 Neck).                                                                 
29. Mishaum Point (on Smith     41 deg.31.0' N         70 deg.57.2' W.  
 Neck).                                                                 
30. Sakonnet Entrance Lighted   41 deg.25.7' N         71 deg.13.4' W.  
 Whistle Buoy ``SR''.                                                   
31. Point Judith Lighted        41 deg.19.3' N         71 deg.28.6' W.  
 Whistle Buoy ``2''.                                                    
32. A point off Block Island    41 deg.08.2' N         71 deg.32.1' W.  
 Southeast Light.                                                       
33. Shinnecock Inlet Lighted    40 deg.49.0' N         72 deg.28.6' W.  
 Whistle Buoy ``SH''.                                                   
34. Scotland Horn Buoy ``S'',   40 deg.26.5' N         73 deg.55.0' W.  
 off Sandy Hook (NJ).                                                   
35. Barnegat Lighted Gong Buoy  39 deg.45.5' N         73 deg.59.5' W.  
 ``2''.                                                                 
36. A point east of Atlantic    39 deg.21.9' N         74 deg.22.7' W.  
 City Light.                                                            
37. A point east of Hereford    39 deg.00.4' N         74 deg.46' W.    
 Inlet Light.                                                           
38. A point east of Cape        38 deg.47' N           75 deg.04' W.    
 Henlopen Light.                                                        
39. A point east of Fenwick     38 deg.27.1' N         75 deg.02' W.    
 Island Light.                                                          
40. A point NE of Assateague    38 deg.00' N           75 deg.13' W.    
 Island (VA).                                                           
41. Wachapreague Inlet Lighted  37 deg.35.0' N.        75 deg.33.7' W.  
 Whistle Buoy ``A''.                                                    
42. A point NE of Cape Henry..  36 deg.55.6' N         75 deg.58.5' W.  
43. A point east of Currituck   36 deg.22.6' N         75 deg.48' W.    
 Beach Light.                                                           

[[Page 8558]]
                                                                        
44. Oregon Inlet (NC) Whistle   35 deg.48.5' N         75 deg.30' W.    
 Buoy.                                                                  
45. Wimble Shoals, east of      35 deg.36' N           75 deg.26' W.    
 Chicamacomico.                                                         
46. A point SE of Cape          35 deg.12.5' N         75 deg.30' W.    
 Hatteras Light.                                                        
47. Hatteras Inlet Entrance     35 deg.10' N           75 deg.46' W.    
 Buoy ``HI''.                                                           
48. Ocracoke Inlet Whistle      35 deg.01.5' N         76 deg.00.5' W.  
 Buoy ``OC''.                                                           
49. A point east of Cape        34 deg.36.5' N         76 deg.30' W.    
 Lookout Light.                                                         
50. Southern terminus point...  34 deg.35' N           76 deg.41' W.    
------------------------------------------------------------------------


    (2) Gillnet vessels under the call-in system. Accrual of DAS under 
the call-in notification system for vessels fishing with gillnet gear 
begins once the phone call has been received, and confirmation has been 
given by the Regional Director. DAS continue to accrue as long as the 
vessel's gillnet gear remains in the water or on the vessel when 
returning to port. A trip concludes and accrual of DAS ends when a 
vessel returns to port with all of its gillnet gear that was in the 
water on board, the phone call has been received, and confirmation has 
been given by the Regional Director.
    (3) All other vessels under the call-in system. Accrual of DAS 
under the call-in notification system begins once the phone call has 
been received and confirmation has been given by the Regional Director. 
A trip concludes and accrual of DAS ends when after returning to port, 
the phone call has been received and confirmation has been given by the 
Regional Director.
    12. In Sec. 651.31, paragraph (d) is added to read as follows:


Sec. 651.31  At-sea observer coverage.

* * * * *
    (d) Industry funded observer coverage. NMFS may accept observer 
coverage funded by outside sources provided the following requirements 
are met:
    (1) All coverage conducted by such observers is determined by NMFS 
to be in compliance with NMFS' observer guidelines and procedures;
    (2) The owner or operator of the vessel complies with all other 
provisions of this part; and
    (3) The observer is approved by the Regional Director.
    13. Section 651.32 is revised to read as follows:


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

    (a) Areas closed to sink gillnets. The closed area restrictions 
prohibiting sink gillnets in the areas and times specified in 
Sec. 651.21(f) through Sec. 651.32(h) are implemented in order to 
reduce the takes of harbor porpoise consistent with the harbor porpoise 
mortality reduction goals. Additional restrictions may be implemented 
following a reappraisal and analysis under the framework provisions 
specified in paragraph (b) of this section.
    (b) Framework adjustment. (1) At least annually the Regional 
Director will provide the Council with the best available information 
on the status of Gulf of Maine harbor porpoise including estimates of 
abundance and estimates of bycatch in the sink gillnet fishery. Within 
60 days of receipt of that information, the Council's Harbor Porpoise 
Review Team shall complete a review of the data, assess the adequacy of 
existing regulations, evaluate the impacts of other measures that 
reduce harbor porpoise take and, if necessary, recommend additional 
measures in light of the Council's harbor porpoise mortality reduction 
goals. In addition, the HPRT shall make a determination on whether 
other conservation issues exist that require a management response to 
meet the goals and objectives outlined in the FMP. The HPRT shall 
report its findings and recommendations to the Council.
    (2) After receiving and reviewing the HPRT's findings and 
recommendations, the Council shall determine whether adjustments or 
additional management measures are necessary to meet the goals and 
objectives of the FMP. If the Council determines that adjustments or 
additional management measures are necessary, or at any other time in 
consultation with the HPRT, it shall develop and analyze appropriate 
management actions over the span of at least two Council meetings.
    (3) The Council may request at any time that the HPRT review and 
make recommendations on any harbor porpoise take reduction measures or 
develop additional take reduction proposals.
    (4) The Council shall provide the public with advance notice of the 
availability of the proposals, appropriate rationale, economic and 
biological analyses, and opportunity to comment on them prior to and at 
the second Council meeting. The Council's recommendation on adjustments 
or additions to management measures must come from one or more of the 
categories specified under Sec. 651.40(b)(1).
    (5) 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(b)(2).
    (6) 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, as specified under 
Sec. 651.40(b)(3).
    14. Section 651.33 is revised to read as follows:


Sec. 651.33  Open access permit restrictions.

    (a) Handgear permit. A vessel issued a valid open access Handgear 
permit issued under Sec. 651.4(c) is subject to the following 
restrictions:
    (1) The vessel may possess and land up to 300 lb (136.1 kg) of cod, 
haddock, and yellowtail flounder, combined, per trip, and unlimited 
amounts of the other multispecies finfish provided that it does not 
use, or possess on board, gear other than rod and reel or handlines 
while in possession of, fishing for, or landing multispecies finfish.
    (2) A vessel may not fish for, possess, or land regulated species 
between March 1 and March 20 of each year.
    (b) Charter/party permit. A vessel that has been issued a valid 
open access Charter/party permit under Sec. 651.4(c), and has declared 
into the charter/party fishery, is subject to the restrictions on gear, 
recreational minimum fish sizes and prohibitions on sale specified in 
Sec. 651.34, and any other applicable provisions of this part.
    (c) Scallop Multispecies Possession Limit Permit. A vessel that has 
been issued a valid open access Scallop Multispecies Possession Limit 
permit under Sec. 651.4(c) may possess and land up to 300 lb (136.1 kg) 
of regulated species when fishing under a scallop DAS as described 
under Sec. 651.20(i), provided the vessel does not fish for, possess or 
land haddock during January 1 through June 30 as specified under 
Sec. 651.27(a)(2)(i).
    15. Section 651.34 is added to subpart B to read as follows: 
    
[[Page 8559]]



Sec. 651.34  Recreational and charter/party restrictions.

    (a) Recreational gear restrictions. Persons aboard charter or party 
vessels permitted under this part and not fishing under the DAS 
program, and recreational fishing vessels in the EEZ, are prohibited 
from fishing with more than two hooks per line and one line per angler 
and must stow all other fishing gear on board the vessel as specified 
under Secs. 651.20(c)(4) and 651.21(e)(2), 651.21(e)(3) and 
651.21(e)(4).
    (b) Recreational minimum fish sizes. (1) Persons aboard charter or 
party vessels permitted under this part and not fishing under the DAS 
program, and recreational fishing vessels in the EEZ, are subject to 
minimum fish sizes (total length) as follows:

                                                  Recreational                                                  
----------------------------------------------------------------------------------------------------------------
                                                                          Inches                                
                 Species                 -----------------------------------------------------------------------
                                                           1996                               1997+             
----------------------------------------------------------------------------------------------------------------
Cod.....................................  20 (50.8 cm)                           21 (53.3 cm).                  
Haddock.................................  20 (50.8 cm)                           21 (53.3 cm).                  
Pollock.................................  19 (48.3 cm)                           19 (48.3 cm).                  
Witch flounder (gray sole)..............  14 (35.6 cm)                           14 (35.6 cm).                  
Yellowtail flounder.....................  13 (33.0 cm)                           13 (33.0 cm).                  
American plaice (dab)...................  14 (35.6 cm)                           14 (35.6 cm).                  
Winter flounder (blackback).............  12 (30.5 cm)                           12 (30.5 cm).                  
Redfish.................................  9 (22.9 cm)                            9 (22.9 cm).                   
----------------------------------------------------------------------------------------------------------------

    (2) Exception. Vessels may possess fillets less than the minimum 
size specified if the fillets are taken from legal-sized fish and are 
not offered or intended for sale, trade or barter.
    (c) Possession restrictions. Each person on a recreational vessel 
may not possess more than 10 cod and/or haddock, combined, in or 
harvested from the EEZ:
    (1) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing fillet number by two. If 
fish are filleted into a single (butterfly) fillet, such fillet shall 
be deemed to be from one whole fish.
    (2) Cod and haddock harvested by recreational vessels with more 
than one person aboard may be pooled in one or more containers. 
Compliance with the possession limit will be determined by dividing the 
number of fish on board by the number of persons aboard. If there is a 
violation of the possession limit on board a vessel carrying more than 
one person, the violation shall be deemed to have been committed by the 
owner and operator.
    (3) Cod and haddock must be stored, so as to be readily available 
for inspection.
    (d) Restrictions on sale. It is unlawful to sell, barter, trade, or 
otherwise transfer for a commercial purpose, or to attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose, 
multispecies finfish caught or landed by charter or party vessels 
permitted under this part not fishing under a DAS or a recreational 
fishing vessels fishing in the EEZ.
    15. Section 651.40 is revised to read as follows:


Sec. 651.40  Framework Specifications.

    (a) Annual review. The Multispecies Monitoring Committee (MSMC) 
shall meet on or before November 15 of each year to develop target TACs 
for the upcoming fishing year and options for Council consideration on 
any changes, adjustment or additions to DAS allocations, closed areas 
or other measures necessary to achieve the FMP goals and objectives.
    (1) The MSMC must review available data pertaining to the 
following:
    (i) Catch and landings;
    (ii) DAS and other measures of fishing effort;
    (iii) Survey results;
    (iv) Stock status;
    (v) Current estimates of fishing mortality; and
    (vi) Any other relevant information.
    (2) Based on this review, the MSMC shall recommend target TACs and 
develop options necessary to achieve the FMP goals and objectives, 
which may include a preferred option. The MSMC must demonstrate through 
analysis and documentation that the options it develops are expected to 
meet the FMP goals and objectives. The MSMC may review the performance 
of different user groups or fleet sectors in developing options. The 
range of options developed by the MSMC may include any of the 
management measures in the FMP including, but not limited to:
    (i) The annual target TACs which must be based on the projected 
fishing mortality levels required to meet the goals and objectives 
outlined in the FMP for the 10 regulated species;
    (ii) DAS changes;
    (iii) Possession limits;
    (iv) Gear restrictions;
    (v) Closed areas;
    (vi) Permitting restrictions;
    (vii) Minimum fish sizes;
    (viii) Recreational fishing measures; and
    (ix) Any other management measures currently included in the FMP.
    (3) The Council shall review the recommended target TACs and all of 
the options developed by the MSMC, other relevant information, consider 
public comment, and develop a recommendation to meet the FMP objective 
that is consistent with other applicable law. If the Council does not 
submit a recommendation that meets the FMP objectives and is consistent 
with other applicable law, the Regional Director may adopt any option 
developed by the MSMC, unless rejected by the Council, as specified in 
(a)(5) of this section, provided that the option meets the FMP 
objective and is consistent with other applicable law.
    (4) Based on this review, the Council shall submit a recommendation 
to the Regional Director of any changes, adjustments or additions to 
DAS allocations, closed areas or other measures necessary to achieve 
the FMP's goals and objectives. Included in the Council's 
recommendation will be supporting documents, as appropriate, concerning 
the environmental and economic impacts of the proposed action and the 
other options considered by the Council.
    (5) If the Council submits, on or before January 7, a 
recommendation to the Regional Director after one Council meeting, and 
the Regional Director concurs with the recommendation, the Regional 
Director shall publish the Council's recommendation in the Federal 
Register as a proposed rule. The Federal Register notification of 
proposed action will provide for a 30-

[[Page 8560]]
day public comment period. The Council may instead submit its 
recommendation on or before February 1 if it chooses to follow the 
framework process outlined in paragraph (b) of this section and 
requests that the Regional Director publish the recommendation as a 
final rule. If the Regional Director concurs that the Council's 
recommendation meets the FMP objective and is consistent with other 
applicable law and determines that the recommended management measures 
be published as a final rule, the action will be published as a final 
rule in the Federal Register. If the Regional Director concurs that the 
recommendation meets the FMP objective and is consistent with other 
applicable law and determines that a proposed rule is warranted, and as 
a result the effective date of a final rule falls after the start of 
the fishing year on May 1, fishing may continue. However, DAS used by a 
vessel on or after May 1 will be counted against any DAS allocation the 
vessel ultimately receives for that year.
    (6) If the Regional Director concurs in the Council' s 
recommendation, a final rule shall be published in the Federal Register 
on or about April 1 of each year, with the exception noted in paragraph 
(a)(5) of this section. If the Council fails to submit a recommendation 
to the Regional Director by February 1 that meets the FMP goals and 
objectives, the Regional Director may publish as a proposed rule one of 
the options reviewed and not rejected by the Council, provided that the 
option meets the FMP objective and is consistent with other applicable 
law. If, after considering public comment, the Regional Director 
decides to approve the option published as a proposed rule, the action 
will be published as a final rule in the Federal Register.
    (b) Within season management action. The Council may, at any time, 
initiate action to add or adjust management measures if it finds that 
action is necessary to meet or be consistent with the goals and 
objectives of the FMP.
    (1) Adjustment process. After a management action has been 
initiated, the Council shall develop and analyze appropriate management 
actions over the span of at least two Council meetings. The Council 
shall provide the public with advance notice of the availability of 
both the proposals and the analysis, and opportunity to comment on them 
prior to and at the second Council meeting. The Council's 
recommendation on adjustments or additions to management measures must 
come from one or more of the following categories:
    (i) DAS changes;
    (ii) Effort monitoring;
    (iii) Data reporting;
    (iv) Possession limits;
    (v) Gear restrictions;
    (vi) Closed areas;
    (vii) Permitting restrictions;
    (viii) Crew limits;
    (ix) Minimum fish sizes;
    (x) Onboard observers;
    (xi) Minimum hook size and hook style;
    (xii) The use of crucifiers in the hook fishery;
    (xiii) Fleet sector shares;
    (xiv) Recreational fishing measures;
    (xv) Area closures and other appropriate measures to mitigate 
marine mammal entanglements and interactions; and
    (xvi) Any other management measures currently included in the FMP.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Director. The Council's recommendation 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 following factors 
and provide support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an 
entire harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource; 
and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) Regional Director action. If the Council's recommendation 
includes adjustments or additions to management measures, and if after 
reviewing the Council's recommendation and supporting information:
    (i) The Regional Director concurs with the Council's recommended 
management measures and determines that the recommended management 
measures may be published as a final rule based on the factors 
specified in paragraph (b)(2) of this section, the action will be 
published in the Federal Register as a final rule; or
    (ii) The Regional Director concurs with the Council's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the action will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Director concurs with the Council 
recommendation, the action will be published as a final rule in the 
Federal Register; or
    (iii) The Regional Director does not concur, the Council will be 
notified, in writing, of the reasons for the non-concurrence.
    (c) Nothing in this section is meant to derogate from the authority 
of the Secretary of Commerce to take emergency action under section 
305(e) of the Magnuson Act.
    16. Figure 5 to part 651 is removed and reserved, and Figures 1, 3, 
and 4 to part 651 are revised to read as follows:

BILLING CODE 3510-22-W

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[FR Doc. 96-4709 Filed 2-29-96; 2:05 pm]
BILLING CODE 3510-22-C