[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15381-15389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8235]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 970318056-7056-01; I.D. 021397B]
RIN 0648-AJ43


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 20

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

ACTION: Interim final rule; request for comments.

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

SUMMARY: NMFS issues this interim final rule to implement measures 
contained in Framework 20 of the Northeast Multispecies Fishery 
Management Plan (FMP). This interim final rule implements management 
measures that include: A daily trip limit for cod for vessels when 
fishing north of 42 deg.00' N. lat.; a seasonal increase in the haddock 
limit from 1,000 lb (453.6 kg) per trip to 1,000 lb (453.6 kg) per day 
up to a maximum of 10,000 lb (4,536.0 kg) per trip beginning September 
1, 1997, and ending when 1,150 mt are harvested; gillnet effort-
reduction measures including a limit on the number of nets; and several 
exempted fishery actions, including exemptions for monkfish, skate, and 
dogfish in the Gulf of Maine and Southern New England Regulated Mesh 
Areas. The intent of this rule is to achieve the conservation goals 
established by Amendment 7 to the FMP while mitigating its economic 
impacts and to simultaneously incorporate several other Council actions 
that would otherwise have been submitted as separate frameworks.

DATES: Effective: May 1, 1997. Public comments on the rule are invited 
through May 1, 1997.

ADDRESSES: Comments on the rule should be sent to Dr. Andrew A. 
Rosenberg, Regional Administrator, NMFS, Northeast Regional Office, 1 
Blackburn Drive, Gloucester, MA 01930, Attention: Susan A. Murphy. 
Copies of Amendment 7 to the FMP (Amendment 7), its regulatory impact 
review (RIR), and the final regulatory flexibility analysis (FRFA) 
contained with the RIR, its final supplemental environmental impact 
statement (FSEIS), and Framework Adjustment 20 documents are available 
on request from Paul J. Howard, Executive Director, New England Fishery 
Management Council, 5 Broadway, Saugus, MA, 01906-1097.
    Comments regarding burden-hour estimates for collection-of-
information requirements contained in this final rule should be sent to 
Dr. Andrew A. Rosenberg, Regional Administrator, 1 Blackburn Drive, 
Gloucester, MA 01930, and the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Washington, D.C. 20502 
(Attention: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION: The regulations implementing Amendment 7 (61 
FR 27710, May 31, 1996) became effective on July 1, 1996. The objective 
of the amendment to the FMP is to rebuild depleted stocks of Georges 
Bank (GB) and Gulf of Maine (GOM) cod, GB haddock, and GB and Southern 
New England (SNE) yellowtail flounder by reducing fishing effort 
through a number of management measures, primarily controls on days-at-
sea (DAS) and area closures. To ensure that this goal is achieved, the 
regulations established a procedure for setting annual target total 
allowable catches (TACs) for the primary cod, haddock, and yellowtail 
flounder stocks and an aggregate TAC for the combined stocks of the 
remaining regulated multispecies, based on the biological reference 
points of Fmax for GOM cod and F0.1 for the remaining stocks 
of cod, haddock, and yellowtail flounder. The target TACs provide a 
measure by which to evaluate the effectiveness of the management 
program and to make determinations on the need for annual adjustments 
to this program.
    The regulations require the Multispecies Monitoring Committee 
(MSMC) to review the best available scientific information, adjust 
target TACs, and recommend management options to achieve the plan 
objectives. In its report delivered at the December 11-12, 1996, New 
England Fishery Management Council (Council) meeting, the MSMC 
concluded that spawning stock biomass (SSB) has increased or is 
projected to increase for the primary stocks. In addition, the MSMC 
concluded that, with the exception of GOM cod, fishing mortality rates 
have been reduced to below their respective overfishing definitions. 
The MSMC report offered optimistic news concerning increased or 
increasing SSB levels for the major stocks, and decreasing fishing 
mortality rates for all but the GOM cod stock, but cautioned that SSB 
for 1996 GB cod, haddock, and yellowtail flounder stocks remain below 
the biological thresholds established in the FMP and recommended 
additional reductions in fishing mortality, particularly for GOM cod.
    Based on projected 1997 stock sizes and the FMP's 1997 fishing 
mortality targets, the target TACs for the 1997 fishing year, 
recommended by the MSMC and adopted by the Council, are as follows:

------------------------------------------------------------------------
                                                       1997       1996  
                                                      target     target 
                   Species/area                        TACs       TACs  
                                                     (metric    (metric 
                                                      tons)      tons)  
------------------------------------------------------------------------
Georges Bank cod..................................      3,646      1,851
Georges Bank haddock..............................      1,608      2,801
Georges Bank yellowtail flounder..................        776        385
Gulf of Maine cod.................................      2,605      2,761
Southern New England yellowtail flounder..........        824        150
Aggregate for remaining regulated species.........     25,500     25,500
------------------------------------------------------------------------

    In addition to setting the target TACs, the MSMC report provided 
the Council with five management options projected to keep the target 
TACs from being exceeded. These options were based on DAS reductions 
and/or year-round area closures.
    At its December 1996 and January 7, 1997, meetings, the Council 
considered the range of events, circumstances and regulations occurring 
or projected to take effect in 1997, and their collective

[[Page 15382]]

impact on fishing mortality rates. Factors analyzed included the Vessel 
Capacity Reduction Program (both pilot and proposed programs), the 
proposed and realized marine mammal protection measures, the scheduled 
GOM Jeffreys Ledge closure in the month of May, and the proposed 
gillnet effort reduction measures. If the Council's assessment of the 
cumulative effect of the above factors is realized, and fishing 
mortality is reduced as projected, the average fishing mortality rate 
for the five stocks of cod, haddock and yellowtail flounder would be 
significantly reduced. However, in considering the projected fishing 
mortality reduction for GOM cod alone, the difference in the projected 
1997 rate and the goal for GOM cod remains significant.
    The Council reasoned that some non-quantifiable factors not 
considered by the MSMC should also be considered and factored into the 
total effort reduction, e.g., the incentives to fish in other fisheries 
provided by the additional exemptions, the incentive to fish offshore 
on GB during the seasonal haddock trip limit increase, improved 
enforcement from the new State/Federal cooperative agreements and 
improved Coast Guard enforcement strategy, the stock enhancement 
efforts underway by the State of Maine, as well as the combined effect 
of the overall program on fishing behavior. Given all of the above 
actions that have been taken or are scheduled to be taken and that were 
not considered by the MSMC, the Council set its focus on the remaining 
problem of addressing GOM cod.

Approved Measures

    To address further reductions needed for GOM cod, this rule 
implements a 1997 fishing year landing limit restriction for vessels 
fishing north of 42 deg.00' N. lat., when fishing under a multispecies 
DAS, whereby vessels are allowed to retain up to 1,000 lb (453.6 kg) of 
cod per day, or any part of a day, for each of the first 4 days of a 
trip, and up to 1,500 lb (680.4 kg) of cod per day, or any part of a 
day, in excess of 4 days as described under Sec. 648.86(c)(1). A part 
of a day is considered any time within a 24-hour period, and for trips 
in excess of one day, any time within a 24-hour period following the 
last complete 24-hour period, from the time the vessel called in to the 
multispecies DAS program. For example, if a vessel initially called in 
to the multispecies DAS program at 1 a.m. on Monday and ended its trip 
by calling out of the program 3 days later on Wednesday at 5 a.m., the 
vessel may retain and offload 3,000 lb (1,360.8 kg) of cod, because it 
fished part of 3 different days (i.e., 3 X 1,000 lb).
    Vessel operators that exceed the landing limit of cod may retain 
the excess fish but may not call-out of the multispecies DAS program 
until total DAS per trip corresponds to the total allowable weight of 
cod off-loaded per trip. To mitigate discarding and to provide a method 
of enforcing this provision, vessels that exceed the cod landing limit 
must report their hailed weight of cod on board under a separate call-
in system, upon entering port. Vessels exceeding the landing limit of 
cod may, but are not required to, offload their catch after reporting 
their hailed weight of cod. Also, vessels that do not exceed their 
landing limit of cod but wish to offload their cod catch and not call-
out of the multispecies DAS program may do so provided that they report 
their hailed weight of cod using the separate call-in system upon 
entering port.
    Vessel operators may receive an exemption from this landing limit 
by fishing south of 42 deg.00' N. lat. for a minimum of 30 days and by 
obtaining and keeping a NMFS-issued exemption certificate on board the 
vessel as described under Sec. 648.86(c)(2). When fishing under this 
exemption program, vessels are allowed to transit the area north of 
42 deg.00' N. lat., provided their gear is stowed in conformance with 
the regulations.
    To address concern over the high level of discards reported 
seasonally by some fishers under the current 1,000 lb (453.6 kg) 
haddock possession limit, this rule implements a measure for the 1997 
fishing year, only, that increases the landing limit, beginning 
September 1, 1997, to 1,000 lb (453.6 kg) per day, to a maximum of 
10,000 lb (4,536.0 kg) per trip as described under Sec. 648.86(a). As a 
means to ensure that landings are kept well below the 1,608 mt target 
TAC level for GB haddock, this measure would revert to a 1,000 lb 
(453.6 kg) per trip possession limit when 1,150 mt is projected to be 
reached. A notification will be published in the Federal Register when 
the 1,000-lb (453.6kg) trip limit is reinstated. Implementing the 
haddock daily landing limit on September 1 will help alleviate a derby 
fishery and is based on the period of time when vessels are likely to 
harvest haddock in excess of 1,000 lb (453.6 kg) per trip. In addition, 
elimination of the current possession limit during a time when vessels 
are more likely to catch haddock when fishing for other regulated 
species provides an incentive for larger vessels to leave inshore 
fishing grounds, thereby relieving some pressure on inshore stocks, 
particularly GOM cod.
    This action implements a set of additional gillnet restrictions 
designed to restrict further multispecies gillnet vessels as described 
under Sec. 648.82(j). Because many gillnet vessels leave their nets in 
the water when they return to port and call-out of the DAS program, 
additional effort restrictions for the gillnet sector are necessary to 
achieve an effort reduction equivalent to the other vessel sectors, 
i.e., a 50 percent DAS reduction from the baseline year. Thus, this 
rule requires that limited access vessels fishing with multispecies 
gillnet gear (with the exception of vessels fishing under the Small 
Vessel permit category) declare into either a Day or Trip gillnet 
category designation as described under Sec. 648.82(j). When fishing 
under a multispecies DAS with gillnet gear, vessels fishing under a 
Trip gillnet category designation must, under this action, remove all 
gillnet gear from the water before calling-out of the multispecies DAS 
program. All other gillnet vessels are required to declare into the Day 
gillnet category and: (1) When fishing under a multispecies DAS, must 
not fish more than 80 roundfish gillnets or 160 flatfish gillnets 
(vessels may fish any combination of roundfish and flatfish gillnets, 
up to 160 nets); (2) when fishing under a multispecies DAS, must mark 
all gillnet gear with tags purchased from NMFS (two tags per roundfish 
gillnet and one tag per flatfish gillnet); and (3) during each fishing 
year, must declare and take a total of 120 days out of the multispecies 
gillnet fishery (each period of time declared and taken must be at 
least 7-consecutive days and at least 21 days of this time must be 
taken between June 1 and September 30 of each fishing year). When 
fishing with multispecies gillnet gear under the multispecies DAS 
program, a vessel will accrue 15 hours DAS for each trip greater than 3 
hours but less than or equal to 15 hours (a vessel will accrue actual 
DAS time at sea for trips less than or equal to 3 hours or greater than 
15 hours).
    This action modifies and adds several exempted fisheries. Based on 
public comment and other available information, the Regional 
Administrator has determined that these modifications and additions to 
the current exemption programs are consistent with the 5-percent 
regulated species bycatch limit and will not jeopardize the fishing 
mortality objectives of the FMP. The first is a dredge fishery for 
mussels and sea urchins in the current Nantucket Shoals dogfish fishery 
exemption area and in the SNE Regulated Mesh Area as described under 
Secs. 648.80 (a)(11) and

[[Page 15383]]

(b)(8), respectively. Vessels fishing with dredge gear for mussels and 
sea urchins under this exemption may not fish with dredge gear greater 
than 8 ft (2.44 m) in width.
    Another exemption contained in the framework allows unlimited 
amounts of skate to be retained in the current SNE monkfish trawl 
exempted fishery south of 40 deg.10' N. lat. as described under 
Sec. 648.80(b)(5).
    Also, this rule prohibits the possession of monkfish in the Small 
Mesh Northern Shrimp Fishery Exemption and modifies the allowable limit 
of silver hake (whiting) from two totes to an amount equal to the 
weight of shrimp on board as described under Sec. 648.80(a)(3)(i).
    Finally, this action implements on a permanent basis three 
exemptions that were previously allowed by the Regional Administrator 
on a temporary basis and that have since expired. First, the rule 
implements an exempted fishery for vessels fishing for monkfish and 
dogfish with gillnet gear in a portion of the GOM/GB Regulated Mesh 
Area as described Secs. 648.80(a)(12) and (a)(13), respectively. When 
fishing for monkfish under this exemption, vessels are subject to a 
minimum mesh size of 10-inch (25.4-cm) diamond mesh throughout the net, 
and a fishing season of July 1 through September 14. When fishing for 
dogfish under this exemption, vessels are subject to a minimum mesh 
size of 6.5-inch (16.5-cm) diamond mesh throughout the net, and a 
fishing season of July 1 through August 31.
    Second, the rule implements a year-round exempted fishery for 
vessels fishing for monkfish and skate (skate being added to the 
previous temporary action) with gillnet gear in a portion of the SNE 
Regulated Mesh Area as described under Sec. 648.80(b)(6). Vessels 
fishing for monkfish and skate under this exemption are subject to a 
minimum mesh size of 10-inch (25.4-cm) diamond mesh throughout the net.
    Third, the rule implements an exempted fishery for vessels fishing 
for dogfish with gillnet gear in a portion of the SNE Regulated Mesh 
Area as described under Sec. 648.80(b)(7). When fishing for dogfish 
under this exemption, vessels are subject to a minimum mesh size of 6-
inch (15.24-cm) diamond mesh throughout the net, and a fishing season 
of May 1 through October 31.
    To clarify how DAS are actually recorded when a vessel is fishing 
under a scallop or multispecies DAS, this rule modifies the way that 
time is accrued by counting DAS to the nearest minute rather than to 
the nearest hour as described under Sec. 648.53(e).

Disapproved Measure

    A measure that would have provided an alternative method for 
tagging gillnets is disapproved. The alternative would have allowed 
roundfish gillnet tags to be fastened at different intervals, i.e., at 
every other bridle as proposed for flatfish gillnets, rather than 
fastened to each bridle as proposed for all other roundfish gillnets. 
This measure is disapproved because it would unnecessarily complicate 
enforcement of the gillnet tagging program.

Abbreviated Rulemaking

    NMFS is making these revisions to the regulations under the 
framework abbreviated rulemaking procedure codified at 50 CFR part 648, 
subpart F. This procedure requires the Council, when making 
specifically allowed adjustments to the FMP, to develop and analyze the 
actions over the span of at least two Council meetings. The Council 
must provide the public with advance notice of both the proposals and 
the analysis, and an opportunity to comment on them prior to and at a 
second Council meeting. Upon review of the analysis and public comment, 
the Council may recommend to the Regional Administrator that the 
measures be published as a final rule if certain conditions are met. 
NMFS may publish the measures as a final rule, or as a proposed rule if 
additional public comment is needed.
    The public was provided the opportunity to express opinions at 
numerous meetings beginning in April 1996. The following list indicates 
the meetings at which this action, or parts of this action were on the 
agenda, discussed, and public comment was heard. The Council formally 
initiated the framework adjustment for parts of this action at its 
November 1996 meeting, and for the combined action at its December 
meeting. The final meeting at which public comments were heard was the 
January 29-30, 1997, meeting.

------------------------------------------------------------------------
            Date                     Meeting              Location      
------------------------------------------------------------------------
            1996                                                        
                                                                        
February 27-28..............  Council.............  Danvers, MA.        
April 11....................  Groundfish..........  Peabody, MA.        
                              Oversight (OS)......                      
April 17-18.................  Council.............  Danvers, MA.        
June 5-6....................  Council.............  Danvers, MA.        
June 11.....................  Groundfish OS.......  Portland, ME.       
July 9......................  Groundfish OS.......  Peabody, MA.        
July 17-18..................  Council.............  Peabody, MA.        
August 13...................  Groundfish OS.......  Peabody, MA.        
August 21-22................  Council.............  Danvers, MA.        
August 27...................  Groundfish OS.......  Woods Hole, MA.     
September 9.................  Council.............  Peabody, MA.        
October 2-3.................  Council.............  Danvers, MA.        
October 28..................  Groundfish OS.......  Peabody, MA.        
November 6-7................  Council.............  Portland, ME.       
November 20.................  Groundfish OS.......  Peabody, MA.        
December 11-12..............  Council.............  Peabody, MA.        
December 17.................  Groundfish OS.......  Woods Hole, MA.     
                                                                        
            1997                                                        
                                                                        
January 7...................  Groundfish OS.......  Peabody, MA.        
January 16..................  Council.............  Danvers, MA.        
January 29-30...............  Council.............  Danvers, MA.        
------------------------------------------------------------------------


[[Page 15384]]

    Documents summarizing the Council's proposed action, and the 
analysis of biological and economic impacts of this and alternative 
actions were available for public review 5 days prior to the Council's 
final January 29-30, 1997, meeting, as is required under the framework 
adjustment process. Also, written comments were accepted up to and 
during the January 29-30, 1997, meeting.

Comments and Responses

    Comment 1: Approximately 75 letters, as well as numerous e-mails 
and telephone calls, were received from members of conservation 
organizations urging that measures necessary to achieve the plan 
objectives in fishing year 1997 be developed and implemented.
    Response: It is anticipated that Framework 20 will achieve the plan 
objectives in fishing year 1997, taking into consideration the combined 
effect of all regulations, events and circumstances that contribute to 
fishing mortality. The framework adjustment process allows the Council 
the ability to continually monitor the progress of the plan and make 
adjustments as necessary to keep the plan moving in the direction of 
its stock-rebuilding goals.
    Comment 2: Numerous comments from members of the fishing industry 
were received asserting that additional DAS reductions would be 
economically disastrous. Commenters indicated that since plan 
objectives were being met for some stocks, measures should be 
implemented specific to those stocks still in need of additional 
protection.
    Response: DAS is not being reduced further than what was already 
scheduled for fishing year 1997. Framework 20 adopts a trip limit for 
GOM cod to specifically reduce exploitation rates on that stock, which 
remain near the all-time high. It is anticipated that exploitation 
rates on the other four critical stocks will be below FMP limits, based 
on already scheduled DAS reductions and other factors that contribute 
to reducing fishing effort, such as the haddock trip limit 
restrictions, and additional gillnet gear restrictions.
    Comment 3: A number of inshore, small-boat fishers objected to the 
Council's consideration of area closures to protect GOM cod. They 
argued that the closures were unfair, because small boats do not have 
the option of fishing offshore when their grounds are closed, while 
larger boats are able to fish elsewhere. They also stated that effort 
displaced by the closures would concentrate inshore effort, severely 
damaging inshore fisheries and increasing gear conflicts.
    Response: The Council rejected area closure alternatives and 
instead adopted a trip limit for GOM cod that applies in the same 
manner to all vessels. The trip limit proposal is also designed to 
accommodate offshore trips by increasing the allowance on trips of five 
or more days. The Coast Guard indicated to the Council that it would 
have difficulty enforcing another large area closure with current 
enforcement resources.
    Comment 4: A number of industry members from Cape Cod, Gloucester, 
and New Bedford objected to the Council's consideration of an extension 
of Area I to offset an increase in the haddock landing limit. They 
argued that the closure would eliminate a flatfish ground important to 
them, while they would not benefit from the increased haddock, since 
they do not fish for haddock.
    Response: The Council rejected the Area I closure extension, and 
instead, developed a daily haddock landing limit, off-setting it with a 
reduction in the target haddock TAC (1,150 mt), at which time the 1,000 
lb (453.6 kg) would be reinstated.
    Comment 5: Two letters were received from fishers as well as 
several verbal comments opposing trip limits on the basis that they 
would result in discards or illegal landings. These commenters also 
objected to the Council's decision to include trip limits at its 
January 16th meeting because they felt the public had inadequate 
notice.
    Response: The cod trip limit was designed to allow vessels to land 
cod in excess of the daily limit, avoiding discards. The measure also 
counts the landings against the DAS allocation at the trip limit rate, 
to meet the conservation goals. The haddock trip limit is not expected 
to create a discard problem because most trips currently do not catch 
the limit. Further, it will alleviate a discard problem that 
occasionally exists on offshore trips that encounter a concentration of 
haddock while fishing for other species. Increasing the haddock landing 
limit will allow a vessel to land more haddock than under current 
rules, while not creating an incentive to direct effort on haddock. 
NMFS recognizes that there may be potential enforcement problems in 
insuring adherence to the trip limits on cod and haddock. The Council 
has acknowledged this and is committed to reviewing the efficiency of 
these measures in the near future to determine whether adjustments 
should be made.
    Regarding adequacy of public notice, the draft framework document 
containing the description of measures and analysis, including the trip 
limits was available for public comment one week prior to the final 
framework meeting on January 29-30, 1997.
    Comment 6: An offshore gillnet fisher stated that the Council's 
trip limit proposals would force offshore boats to fish inshore. He 
proposed a system that would require a vessel to declare into either an 
inshore or offshore gillnet category.
    Response: To address the need to reduce fishing mortality on GOM 
cod, this rule implements a trip limit for vessels fishing in the GOM, 
i.e., north of 42 deg.00' N. lat. and provides an exemption for vessels 
fishing for cod south of this line. The Council did not adopt the 
alternative suggested by the commenter because it was not provided to 
the Council early enough to be analyzed and discussed in the framework 
document.
    Comment 7: Council members and the public raised concerns about how 
the per-day limit on cod would be implemented.
    Response: These concerns were noted by the Council and NMFS at the 
last Council meeting, January 29-30, 1997, before submission of 
Framework 20 to NMFS. Council members, Council staff, and NMFS 
communicated to ensure that Council intent as expressed at Council 
meetings was reflected in regulatory measures.

Adherence to Framework Procedure Requirements

    The Council considered public comment prior to making its 
recommendation to the Regional Administrator under the provisions for 
abbreviated rulemaking in this FMP. The Council requested publication 
of these management measures as a final rule after considering the 
required factors stipulated under the framework measures in the FMP, 50 
CFR 648.90, and has provided supporting analyses for each factor 
considered.
    At the final Council meeting on this framework action, there were 
conflicting interpretations of how the cod trip limit would be 
implemented. For example, the procedure for how the cod trip limit 
would be administered for vessels that land cod based on ``part of a 
day'' fishing and the procedure for dealing with landings of trips that 
exceed the cod trip limit were not explicitly resolved. Thus NMFS is 
publishing this action as an interim final rule to provide the public 
an additional opportunity to comment on this action, particularly how 
the cod trip limit will be implemented. Comments on this rule are 
invited and must be received

[[Page 15385]]

through May 1, 1997. The Regional Administrator will review all 
comments received and, if the comments warrant, will take further 
action when promulgating a final rule.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA) finds there is 
good cause to waive prior notice and opportunity for public comment 
under 5 U.S.C. 553(b)(B). Public meetings held by the Council to 
discuss the management measures implemented by this rule provided 
adequate prior notice and an opportunity for public comment to be heard 
and considered; therefore, further notice and opportunity to comment 
before this rule is effective, is unnecessary. However, as discussed 
above, NMFS is requesting comments prior to finalizing this rule.
    Because a general notice of proposed rulemaking is not required to 
be published for this rule by 5 U.S.C. 553 or by any other law, this 
rule is exempt from the requirement to prepare an initial or final 
regulatory flexibility analysis under the Regulatory Flexibility Act. 
As such, none has been prepared. The primary intent for this action is 
to achieve the conservation goals established by Amendment 7 to the 
FMP, while mitigating its economic impacts; and to incorporate several 
other Council actions that would otherwise have been submitted as 
separate frameworks. These actions as well as the seasonal increase in 
the haddock trip limit for 1997 mitigate some impacts of Amendment 7 by 
establishing exemptions from certain provisions, while not compromising 
reduction of effort objectives for regulated species in the Northeast 
multispecies fishery.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act (PRA) unless that collection of information 
displays a currently valid OMB control number.
    This rule contains seven new collections of information 
requirements. The collection of this information was submitted to OMB 
for emergency processing, as announced in a notice that was published 
in the Federal Register on March 12, 1997 (62 FR 11415). The 
collection-of-information requirements have been approved under OMB 
control number 0648-0202 and the estimated response times are as 
follows:
    1. Declaration into the Trip or Day Gillnet vessel category and 
request for initial gillnet tags will require written declaration (5 
minutes/response).
    2. Request for additional tags will require written declaration (2 
minutes/response).
    3. Notification of lost tags and request for replacement tags will 
require written response (2 minutes/response).
    4. Attachment of tags to gillnet gear will require additional 
burden (1 minute/response).
    5. Declaration of 120 days out of the gillnet fishery in minimum 
blocks of 7 days will require vessel notification (3 minutes/response).
    6. Reporting of cod catch on board or off-loaded for vessels 
fishing north of 42 deg.00' N. lat. will require vessel notification (3 
minutes/response).
    7. Declaration that a vessel will fish south of 42 deg.00' N. lat. 
while fishing under a NE multispecies DAS will require vessel 
notification (2 minutes/per response).
    This rule also restates preexisting information requirements that 
had been approved by OMB under the PRA and that are needed for the 
implementation of Framework Adjustment 20. These preexisting 
information requirements were approved under OMB control number 0648-
0202. Their estimated response times are as follows:
    1. Requirement to provide a vendor installation receipt with a 
permit application if the applicant opts to use a VTS (2 minutes/
response).
    2. Call-in requirement for vessels under a DAS upon return to port 
(2 minutes/response).
    3. Call-in requirement for vessels subject to the spawning season 
restriction (2 minutes/response).
    The estimated response time includes the time needed for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection-of-information. Public comment is sought regarding: Whether 
this collection of information is necessary for the proper performance 
of the functions of the agency, including whether the information has 
practical utility; the accuracy of the burden estimate; ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and ways to minimize the burden of the collection of information, 
including through the use of automated collection techniques or other 
forms of information technology. Send comments regarding any of these 
burden estimates or any other aspect of the collection-of-information 
to NMFS and OMB (see ADDRESSES).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 26, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR Chapter IX and 50 
CFR Chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b), the table is amended by adding in 
the left column under 50 CFR, the entry ``648.86'', and in the right 
column, in the corresponding position, the control number ``-0202''.

50 CFR, CHAPTER VI

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    3. The authority citation for part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    4. In Sec. 648.2, the definition for ``Day(s)-at-Sea (DAS)'' is 
revised, and the definitions for ``Flatfish gillnets'' and ``Roundfish 
gillnets'' are added, in alphabetical order, to read as follows:


Sec. 648.2  Definitions.

* * * * *
    Day(s)-at-Sea (DAS), with respect to the NE multispecies and 
scallop fisheries, except as described in Sec. 648.82(j)(1)(iv), means 
the 24-hour periods of time during which a fishing vessel is absent 
from port in which the vessel intends to fish for, possess or land, or 
fishes for, possesses, or lands regulated species or scallops.
* * * * *
    Flatfish gillnets means gillnets that are either constructed with 
no floats on the float line, or that are constructed with floats on the 
float line and that have tie-down twine between the float line and the 
lead line not more than 48

[[Page 15386]]

inches (18.90 cm) in length and spaced not more than 15 feet (4.57 m) 
apart.
* * * * *
    Roundfish gillnets means gillnets that are constructed with floats 
on the float line and that have no tie-down twine between the float 
line and the lead line.
* * * * *
    5. In Sec. 648.4, paragraph (c)(2)(iii) is revised to read as 
follows:


Sec. 648.4  Vessel permits.

* * * * *
    (c) * * *
    (2) * * *
    (iii) An application for a limited access multispecies permit must 
also contain the following information:
    (A) If applying for a limited access multispecies Combination 
Vessel permit or Individual DAS category permit, or if opting to use a 
VTS, a copy of the vendor installation receipt from a NMFS-approved VTS 
vendor as described in Sec. 648.9.
    (B) For vessels fishing for NE multispecies with gillnet gear, with 
the exception of vessels under the Small Vessel permit category, an 
annual declaration as either a Day or Trip gillnet vessel designation 
as described in Sec. 648.80(j). Vessel owners electing a Day gillnet 
designation must indicate the number of gillnet tags that they are 
requesting and must include a check for the cost of the tags. A permit 
holder letter will be sent to all eligible gillnet vessels informing 
them of the costs associated with this tagging requirement and 
directions for obtaining tags. Once a vessel owner has elected this 
designation, he/she may not change the designation or fish under the 
other gillnet category for the remainder of the fishing year. 
Incomplete applications, as described in paragraph (e) of this section, 
will be considered incomplete for the purpose of obtaining 
authorization to fish in the NE multispecies gillnet fishery and will 
be processed without a gillnet authorization.
* * * * *
    6. In Sec. 648.10, paragraphs (c)(3) and (f) are revised to read as 
follows:


Sec. 648.10  DAS Notification Requirements.

* * * * *
    (c) * * *
    (3) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information: Owner and caller name and phone number, 
vessel name, port of landing and permit number, and that the vessel has 
ended a trip. A DAS ends when the call has been received and 
confirmation has been given by the Regional Administrator.
* * * * *
    (f) Additional NE multispecies call-in requirements.--(1) Spawning 
season call-in. With the exception of vessels issued a valid Small 
Vessel category permit, vessels subject to the spawning season 
restriction described in Sec. 648.82 must notify the Regional 
Administrator of the commencement date of their 20-day period out of 
the NE multispecies fishery through either the VTS system or by calling 
and providing the following information: Vessel name and permit number, 
owner and caller name and phone number and the commencement date of the 
20-day period.
    (2) Gillnet call-in. Vessels subject to the gillnet restriction 
described in Sec. 648.82(j)(1)(iii) must notify the Regional 
Administrator of the commencement date of their time out of the NE 
multispecies gillnet fishery using the procedure described in paragraph 
(f)(1) of this section.
    7. In Sec. 648.14, paragraphs (a)(43), (b), (c)(1), and (c)(7) are 
revised, and paragraphs (c) (11) through (19) are added to read as 
follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (43) Violate any of the provisions of Sec. 648.80(a)(4), the 
Cultivator Shoals whiting fishery exemption area; (a)(5), the 
Stellwagen Bank/Jefferys Ledge (SB/JL) juvenile protection area; 
(a)(8), Small Mesh Area 1/Small Mesh Area 2; (a)(9), the Nantucket 
Shoals dogfish fishery exemption area; (a)(11), the Nantucket Shoals 
mussel and sea urchin dredge exemption area; (a)(12), the GOM/GB 
monkfish gillnet exemption area; (a)(13), the GOM/GB dogfish gillnet 
exemption area; (b)(3) exemptions (small mesh); (b)(5), the SNE 
monkfish and skate trawl exemption area; (b)(6), the SNE monkfish and 
skate gillnet exemption area; (b)(7), the SNE dogfish gillnet exemption 
area; or (b)(8), the SNE mussel and sea urchin dredge exemption. A 
violation of any of these paragraphs is a separate violation.
* * * * *
    (b) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it 
is unlawful for any person owning or operating a vessel holding a 
multispecies permit, issued an operator's permit, or issued a letter 
under Sec. 648.4(a)(1)(i)(H)(3), to land, or possess on board a vessel, 
more than the possession or landing limits specified in Sec. 648.86(a) 
and (c), or to violate any of the other provisions of Sec. 648.86.
    (c) * * *
    (1) Fish for, possess at any time during a trip, or land per trip 
more than the possession limit of regulated species specified in 
Sec. 648.86(d) after using up the vessel's annual DAS allocation or 
when not participating in the DAS program pursuant to Sec. 648.82, 
unless otherwise exempted under Sec. 648.82(b)(3) or Sec. 648.89.
* * * * *
    (7) Possess or land per trip more than the possession or landing 
limits specified under Sec. 648.86 (a) or (c), and Sec. 648.82(b)(3), 
if the vessel has been issued a limited access multispecies permit.
* * * * *
    (11) If the vessel has been issued a limited access multispecies 
permit and fishes under a multispecies DAS, fail to comply with gillnet 
requirements and restrictions specified in Sec. 648.82(j).
    (12) If the vessel has been issued a Day gillnet category 
designation, fail to comply with the restrictions and requirements 
specified in Sec. 648.82(j)(1).
    (13) If the vessel has been issued a Day gillnet category 
designation, fail to remove gillnet gear from the water as described in 
Sec. 648.82(g) and Sec. 648.82(j)(1)(iv).
    (14) Fail to produce or, cause to be produced, gillnet tags when 
requested by an authorized officer.
    (15) Produce, or cause to be produced, gillnet tags required under 
Sec. 648.82(j)(1) without the written confirmation from the Regional 
Administrator described in Sec. 648.82(j)(1)(ii).
    (16) Tag a gillnet or use a gillnet tag that has been reported 
lost, missing, destroyed, or issued to another vessel.
    (17) Sell, transfer, or give away gillnet tags that have been 
reported lost, missing, destroyed, or issued to another vessel.
    (18) If the vessel has been issued a Trip gillnet category 
designation, fail to comply with the restrictions and requirements 
specified in Sec. 648.82(j)(2).
    (19) Fail to comply with the exemption specifications as described 
in Sec. 648.86(c)(2).
* * * * *
    8. In Sec. 648.53, paragraph (e) is revised to read as follows:


Sec. 648.53  DAS allocations.

* * * * *
    (e) Accrual of DAS. DAS shall accrue to the nearest minute.
* * * * *
    9. In Sec. 648.80, paragraphs (a)(2)(iii), (a)(3)(i), (b)(2)(iii), 
and (b)(5) are revised, and paragraphs (a)(11), (a)(12), (a)(13) and 
(b)(6) through (b)(8) are added to read as follows:

[[Page 15387]]

Sec. 648.80  Regulated mesh areas and restrictions on gear and methods 
of fishing.

* * * * *
    (a) * * *
    (2) * * *
    (iii) Other restrictions and exemptions. Vessels are prohibited 
from fishing in the GOM/GB Regulated Mesh Area except if fishing with 
exempted gear (as defined under this part) or under the exemptions 
specified in paragraphs (a)(3), (a)(4), (a)(6), (a)(8) through (a)(13), 
(d), (e), (h), and (i) of this section, if fishing under a NE 
multispecies DAS, if fishing under the scallop state waters exemptions 
specified in Sec. 648.54 and (a)(10) of this section, or if fishing 
pursuant to a NE multispecies open access Charter/Party or Handgear 
permit. Any gear on a vessel, or used by a vessel, in this area must be 
authorized under one of these exemptions or must be stowed as specified 
in Sec. 648.81(e).
    (3) * * *
    (i) Restrictions on fishing for, possessing, or landing fish other 
than shrimp. A vessel fishing in the northern shrimp fishery described 
in this section under this exemption may not fish for, possess on 
board, or land any species of fish other than shrimp, except for the 
following, with the restrictions noted, as allowable bycatch species: 
Longhorn sculpin; silver hake--up to an amount equal to the total 
weight of shrimp landed; and American lobster--up to 10 percent, by 
weight, of all other species on board, or 200 lobsters (whichever is 
less).
* * * * *
    (11) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area. 
A vessel may fish with a dredge in the Nantucket Shoals Mussel and Sea 
Urchin Dredge Exemption Area, provided that any dredge on board the 
vessel does not exceed 8 feet (2.44 m) in width, and the vessel does 
not fish for, harvest, possess, or land any species of fish other than 
mussels and sea urchins. The area coordinates of the Nantucket Shoals 
Mussel and Sea Urchin Dredge Exemption Area are the same coordinates as 
those of the Nantucket Shoals Dogfish Fishery Exemption Area specified 
under paragraph (a)(9) of this section.
    (12) GOM/GB Monkfish Gillnet Exemption. A vessel may fish with 
gillnets in the GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption 
Area when not under a NE multispecies DAS if the vessel complies with 
the requirements specified in paragraph (a)(12)(i) of this section. The 
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area is defined 
by straight lines connecting the following points in the order stated:


N. Lat.                              W. Long.                           
                                                                        
41 deg.35'                           70 deg.00'                         
42 deg.49.5'                         70 deg.00'                         
42 deg.49.5'                         69 deg.40'                         
43 deg.12'                           69 deg.00'                         
(\1\)                                69 deg.00'                         
                                                                        
(\1\) due north to Maine shoreline.                                     


    (i) Requirements. (A) A vessel fishing under this exemption may not 
fish for, possess on board, or land any species of fish other than 
monkfish, or lobsters in an amount not to exceed 10 percent by weight 
of the total catch on board, or 200 lobsters (whichever is less).
    (B) All gillnets must have a minimum mesh size of 10 inches (25.4 
cm) diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through September 14.
    (13) GOM/GB Dogfish Gillnet Exemption. A vessel may fish with 
gillnets in the GOM/GB Dogfish and monkfish gillnet fishery exemption 
area when not under a NE multispecies DAS if the vessel complies with 
the requirements specified in paragraph (a)(13)(i) of this section. The 
area coordinates of the GOM/GB Dogfish and Monkfish Gillnet Fishery 
Exemption Area are specified in paragraph (a)(11) of this section.
    (i) Requirements. (A) A vessel fishing under this exemption may not 
fish for, possess on board, or land any species of fish other than 
dogfish, or lobsters in an amount not to exceed 10 percent by weight of 
the total catch on board, or 200 lobsters (whichever is less).
    (B) All gillnets must have a minimum mesh size of 6.5 inches (16.5 
cm) diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through August 31.
    (b) * * *
    (2) * * *
    (iii) Other restrictions and exemptions. Vessels are prohibited 
from fishing in the SNE Regulated Mesh Area except if fishing with 
exempted gear (as defined under this part) or under the exemptions 
specified in paragraphs (b)(3), (b)(5) through (8), (c), (e), (h), and 
(i) of this section, if fishing under a NE multispecies DAS, if fishing 
under the scallop state waters exemption specified in Sec. 648.54, or 
if fishing pursuant to a NE multispecies open access Charter/Party or 
Handgear permit. Any gear on a vessel, or used by a vessel, in this 
area must be authorized under one of these exemptions or must be stowed 
as specified in Sec. 648.81(e).
* * * * *
    (5) SNE Monkfish and Skate Trawl Exemption Area. A vessel may fish 
with trawl gear in the SNE Monkfish and Skate Trawl Fishery Exemption 
Area when not operating under a NE multispecies DAS if the vessel 
complies with the requirements specified in paragraph (b)(5)(i) of this 
section. The SNE Monkfish and Skate Trawl Fishery Exemption Area is 
defined as the area bounded on the north by a line extending eastward 
along 40 deg.10' N. lat., and bounded on the west by the eastern 
boundary of the Mid-Atlantic Regulated Mesh Area.
    (i) Requirements. (A) A vessel fishing under this exemption may 
only fish for, possess on board, or land monkfish, skates, and the 
bycatch species and amounts specified in paragraph (b)(3) of this 
section.
    (B) All trawl nets must have a minimum mesh size of 8-inches (20.3-
cm) square or diamond mesh throughout the codend for at least 45 
continuous meshes forward of the terminus of the net.
    (6) SNE Monkfish and Skate Gillnet Exemption Area. A vessel may 
fish with gillnet gear in the SNE Monkfish and Skate Gillnet Fishery 
Exemption Area when not operating under a NE multispecies DAS if the 
vessel complies with the requirements specified in paragraph (b)(6)(i) 
of this section. The SNE Monkfish and Skate Gillnet Fishery Exemption 
Area is defined by a line running from the Massachusetts shoreline at 
41 deg.35' N. lat. and 70 deg.00' W. long. south to its intersection 
with the outer boundary of the EEZ, southwesterly along the outer 
boundary of the EEZ, and bounded on the west by the eastern boundary of 
the Mid-Atlantic Regulated Mesh Area.
    (i) Requirements. (A) A vessel fishing under this exemption may 
only fish for, possess on board, or land monkfish, skates, and the 
bycatch species and amounts specified in paragraph (b)(3) of this 
section.
    (B) All gillnets must have a minimum mesh size of 10 inch (25.4 cm) 
diamond mesh throughout the net.
    (C) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(6)(i)(B) of this section must be stowed as 
specified in Sec. 648.81(e)(4).
    (7) SNE Dogfish Gillnet Exemption Area. A gillnet vessel may fish 
in the SNE Dogfish Gillnet Fishery Exemption Area when not operating 
under a NE multispecies DAS if the vessel complies with the 
requirements specified in paragraph (b)(7)(i) of this section. The SNE 
Dogfish Gillnet Fishery Exemption Area is defined by a line running 
from the Massachusetts shoreline at 41 deg.35' N. lat. and 70 deg.00' 
W. long. south to its intersection with the outer boundary of

[[Page 15388]]

the EEZ, southwesterly along the outer boundary of the EEZ, and bounded 
on the west by the eastern boundary of the Mid-Atlantic Regulated Mesh 
Area.
    (i) Requirements. (A) A vessel fishing under this exemption may 
only fish for, possess on board, or land dogfish and the bycatch 
species and amounts specified in paragraph (b)(3) of this section.
    (B) All gillnets must have a minimum mesh size of 6-inches (15.24-
cm) diamond mesh throughout the net.
    (C) Fishing is confined to May 1 through October 31.
    (8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish 
with a dredge in the SNE Regulated Mesh Area, provided that any dredge 
on board the vessel does not exceed 8 feet (2.44 m) in width, and the 
vessel does not fish for, harvest, possess, or land any species of fish 
other than mussels and sea urchins.
* * * * *
    10. In Sec. 648.81, in paragraph (e) the introductory text is 
removed as follows:


Sec. 648.81  Closed Areas.

* * * * *
    (e) Gear stowage requirements.
* * * * *
    11. In Sec. 648.82, paragraph (g) is revised and paragraph (j) is 
added to read as follows:


Sec. 648.82  Effort-control program for limited access vessels.

* * * * *
    (g) Spawning season restrictions. A vessel issued a valid Small 
Vessel permit under paragraph (b)(3) of this section may not fish for, 
possess, or land regulated species from March 1 through March 20 of 
each year. Any other vessel issued a limited access multispecies permit 
must declare out and be out of the regulated NE multispecies fishery 
for a 20-day period between March 1 and May 31 of each calendar year 
using the notification requirements specified in Sec. 648.10. A vessel 
fishing under a Day gillnet category designation is prohibited from 
fishing with non-exempted gillnet gear during its declared 20-day 
spawning block, unless the vessel is fishing in an exempted fishery as 
described in Sec. 648.80. If a vessel owner has not declared and been 
out for a 20-day period between March 1 and May 31 of each calendar 
year on or before May 12 of each year, the vessel is prohibited from 
fishing for, possessing or landing any regulated species during the 
period May 12 through May 31, inclusive. If a vessel has taken a 
spawning season 20-day block out of the NE multispecies fishery during 
May 1996, it is not required to take a 20-day block out of the NE 
multispecies fishery in 1997. Beginning January 1, 1998, any such 
vessel must comply with the spawning season restriction specified in 
this part.
* * * * *
    (j) Gillnet restrictions. Vessels issued a limited access NE 
multispecies permit fishing under a multispecies DAS with gillnet gear 
must obtain an annual designation as either a Day gillnet or Trip 
gillnet vessel as described in Sec. 648.4(c)(2)(iii)(B).
    (1) Day gillnet vessels. A Day gillnet vessel fishing with gillnet 
gear under a multispecies DAS is not required to remove gillnet gear 
from the water upon returning to the dock and calling-out of the DAS 
program, provided:
    (i) Number and size of nets. Vessels may not fish with, haul, 
possess, or deploy more than 80 roundfish gillnets or 160 flatfish 
gillnets. Vessels may fish any combination of roundfish and flatfish 
gillnets, up to 160 nets, provided that the number of roundfish and 
flatfish gillnets does not exceed the limitations specified in this 
subparagraph, and the nets are tagged in accordance with paragraph 
(j)(1)(ii) of this section. Nets may not be longer than 300 ft (91.44 
m), or 50 fathoms, in length.
    (ii) Tagging requirements. Beginning June 1, 1997, all roundfish 
gillnets fished, hauled, possessed, or deployed must have two tags per 
net, with one tag secured to each bridle of every net within a string 
of nets and all flatfish gillnets fished, hauled, possessed, or 
deployed must have one tag per net, with one tag secured to every other 
bridle of every net within a string of nets. Tags must be obtained as 
described in Sec. 648.4(c)(2)(iii) and vessels must have on board 
written confirmation issued by the Regional Administrator, indicating 
that the vessel is a Day gillnet vessel. The vessel operator must 
produce all net tags upon request by an authorized officer.
    (iii) All gillnet gear is brought to port prior to the vessel 
fishing in an exempted fishery.
    (iv) Declaration of time out of the gillnet fishery. (A) During 
each fishing year, vessels must declare, and take, a total of 120 days 
out of the multispecies gillnet fishery. Each period of time declared 
and taken must be a minimum of 7 consecutive days. At least 21 days of 
this time must be taken between June 1 and September 30 of each fishing 
year. The spawning season time out period required by Sec. 648.82(g) 
will be credited toward the 120 days time out of the multispecies 
gillnet fishery. If a vessel owner has not declared and taken, any or 
all of the remaining periods of time required by the last possible date 
to meet these requirements, the vessel is prohibited from fishing for, 
possessing, or landing regulated multispecies harvested with gillnet 
gear, or from having gillnet gear on board the vessel that is not 
stowed in accordance with Sec. 648.81(e)(4), while fishing under a 
multispecies DAS, from that date through the end of the period between 
June 1 and September 30, or through the end of the fishing year, as 
applicable.
    (A) Vessels shall declare their periods of required time following 
the notification procedures specified in Sec. 648.10(f)(2).
    (B) During each period of time declared, a vessel is prohibited 
from fishing with non-exempted gillnet gear. However, the vessel may 
fish in an exempted fishery as described in Sec. 648.80, or it may fish 
under a multispecies DAS provided it fishes with gear other than non-
exempted gillnet gear.
    (v) Method of counting DAS. Day gillnet vessels fishing with 
gillnet gear under a multispecies DAS will accrue 15 hours DAS for each 
trip greater than 3 hours but less than or equal to 15 hours. Such 
vessels will accrue actual DAS time at sea for trips less than or equal 
to 3 hours or greater than 15 hours.
    (vi) Lost tags. Vessel owners or operators are required to report 
lost, destroyed, and missing tag numbers as soon as feasible after tags 
have been discovered lost, destroyed or missing, by letter or fax to 
the Regional Administrator.
    (vii) Replacement tags. Vessel owners or operators seeking 
replacement of lost, destroyed, or missing tags must request 
replacement of tags by letter or fax to the Regional Administrator. A 
check for the cost of the replacement tags must be received before tags 
will be re-issued.
    (2) Trip gillnet vessels. When fishing under a multispecies DAS, a 
Trip gillnet vessel is required to remove all gillnet gear from the 
water before calling-out of a multispecies DAS under Sec. 648.10(c)(3). 
When not fishing under a multispecies DAS, Trip gillnet vessels may 
fish in an exempted fishery with gillnet gear as authorized under the 
exemptions described in Sec. 648.80. Vessels electing to fish under the 
Trip gillnet designation must have on board written confirmation issued 
by the Regional Administrator, that the vessel is a Trip gillnet 
vessel.
    12. In Sec. 648.86, paragraphs (a)(1) and (c) are revised and 
paragraph (d) is added to read as follows:

[[Page 15389]]

Sec. 648.86  Possession and landing restrictions.

    (a) Haddock--(1) NE multispecies DAS vessels. (i) Except as 
provided in paragraph (a)(1)(ii) of this section, a vessel that is 
fishing under a NE multispecies DAS may land or possess on board up to 
1,000 lb (453.6 kg) of haddock provided it has at least one standard 
tote on board. Haddock on board a vessel subject to this possession 
limit must be separated from other species of fish and stored so as to 
be readily available for inspection.
    (ii) Beginning September 1, 1997, and for the 1997 fishing year 
only, a vessel may land up to 1,000 lb (453.6 kg) of haddock per day, 
or any part of a day, up to 10,000 lb (4,536.0 kg) per trip. Once the 
Regional Administrator projects that 1,150 mt will be harvested, NMFS 
will publish a notice in the Federal Register that on a specific date 
the possession limit will revert to 1,000 lb (453.6 kg) per trip. At 
such time that the 1,000 lb (453.6 kg) per trip possession limit is 
reinstated, vessels will be subject to the restrictions specified in 
paragraph (a)(1)(i) of this section. Haddock on board a vessel subject 
to this landing limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
* * * * *
    (c) Cod. The following landing restrictions apply May 1, 1997, 
through April 30, 1998:
    (1) Landing limit north of 42 deg.00' North Latitude. (i) Except as 
provided in paragraph (c)(2) of this section, a vessel fishing under a 
NE multispecies DAS may land up to 1,000 lb (453.6 kg) of cod per day, 
or any part of a day, for each of the first 4 days of a trip, and may 
land up to 1,500 lb (680.4 kg) of cod per day for each day, or any part 
of a day, in excess of 4 consecutive days. A day, for the purposes of 
this paragraph, means a 24 hour period. Vessels calling-out of the 
multispecies DAS program under Sec. 648.10(c)(3) that have utilized 
``part of a day'' (less than 24 hours) may land up to an additional 
1,000 lb (453.6 kg) of cod for that ``part of a day'', however, such 
vessels may not end any subsequent trip with cod on board within the 
24-hour period following the beginning of the ``part of the day'' 
utilized (e.g., a vessel that has called-in to the multispecies DAS 
program at 3 p.m. on a Monday and ends its trip the next day (Tuesday) 
at 4 p.m. (accruing a total of 25 hours) may legally land up to 2,000 
lb (907.2 kg) of cod on such a trip, but the vessel may not end any 
subsequent trip with cod on board until after 3 p.m. on the following 
day (Wednesday)). Cod on board a vessel subject to this landing limit 
must be separated from other species of fish and stored so as to be 
readily available for inspection.
    (ii) A vessel subject to the cod landing limit restrictions 
described in paragraph (c)(1)(i) of this section may come into port 
with, and offload cod in excess of the landing limit as determined by 
the number of DAS elapsed since the vessel called into the DAS program, 
provided that:
    (A) The vessel operator does not call-out of the DAS program as 
described under Sec. 648.10(c)(3) until sufficient time has elapsed to 
account for and justify the amount of cod harvested at the time of 
offloading regardless if whether all of the cod on board is offloaded 
(e.g., a vessel that has called-in to the multispecies DAS program at 3 
p.m. on Monday may fish and come back into port at 4 p.m. on Wednesday 
of that same week with 4,000 lb (1,814.4 kg) of cod, and offload some 
or all of its catch, but cannot call out of the DAS program until 3:01 
p.m. the next day, Thursday (i.e., 3 days plus one minute)); and
    (B) Upon entering port, and before offloading, the vessel operator 
notifies the Regional Administrator by calling 508-281-9278 and 
provides the following information: Vessel name and permit number, 
owner and caller name, phone number, and the hail weight of cod on 
board and the amount of cod to be offloaded, if any. A vessel that has 
not exceeded the landing limit and is offloading and ending its trip by 
calling out of the multispecies DAS program does not have to report 
under this call-in system.
    (iii) A vessel that has not exceeded the cod landing limit 
restrictions described in paragraph (c)(1)(i) and is offloading some or 
all of its catch but not calling out of the multispecies DAS program 
under Sec. 648.10(c)(3), is subject to the call-in requirement 
described in paragraph (c)(1)(ii)(B) of this section.
    (2) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (c)(1) when 
fishing south of 42 deg.00' N. lat., provided that it does not fish 
north of this exemption area for a minimum of 30 consecutive days (when 
fishing under the multispecies DAS program), and has on board an 
authorization letter issued by the Regional Administrator. Vessels 
exempt from the landing limit requirement may transit the GOM/GB 
Regulated Mesh Area north of the 42 deg.00' N. lat., provided that 
their gear is stowed in accordance with one of the provisions of 
Sec. 648.81(e).
    (d) Other possession restrictions. Vessels are subject to any other 
applicable possession limit restrictions of this part.

[FR Doc. 97-8235 Filed 3-28-97; 8:45 am]
BILLING CODE 3510-22-P