[Federal Register Volume 62, Number 218 (Wednesday, November 12, 1997)]
[Proposed Rules]
[Pages 60676-60682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29706]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 971030259-7259-01; I.D. 101497C]
RIN 0648-AJ96


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 24

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 Framework Adjustment 24 
to the Northeast (NE) Multispecies Fishery Management Plan (FMP). This 
framework would implement measures to adjust the Gulf of Maine (GOM) 
cod trip limit provision (1,000 lbs (453.6 kg) per day; 1,500 lbs 
(680.4 kg) per day, starting with day 5) by requiring vessels to come 
into port and report to NMFS at least once every 14 days and, for those 
vessels that exceed the trip limit, to remain in port until days-at-sea 
(DAS) used equate to the allowable cod

[[Page 60677]]

landings and by adjusting the trip limit boundary line from 42 deg.00' 
N. lat. to 42 deg.20' N. lat. east of 69 deg.30' W. long.; allow 
vessels to carry-over up to 10 unused multispecies DAS into the next 
fishing year; and exempt vessels that fish in the Northwest Atlantic 
Fisheries Organization (NAFO) Regulatory Area from certain provisions 
of the NE multispecies FMP, such as the DAS program. The intended 
effect of this rule is to improve the effectiveness of the GOM cod trip 
limit, promote safety, and provide flexibility and opportunity to 
vessels fishing under the multispecies stock-rebuilding program.

DATES: Comments must be received on or before December 10, 1997.

ADDRESSES: Comments on the rule should be sent to Andrew A. Rosenberg, 
Ph.D., Regional Administrator, NMFS, Northeast Regional Office, 1 
Blackburn Drive, Gloucester, MA 01930 ATTN: 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 24 documents are available on request 
from Paul J. Howard, Executive Director, New England Fishery Management 
Council (Council), 5 Broadway, Saugus, MA 01906-1097.
    Comments regarding burden-hour estimates for collection-of-
information requirements contained in this proposed rule should be sent 
to the Regional Administrator (See ADDRESSES) and the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Washington, DC 20502 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy 
Analyst, (978) 281-9252.

SUPPLEMENTARY INFORMATION: The regulations implementing the FMP 
restrict landings of GOM cod. Vessels fishing under a multispecies DAS 
north of 42 deg.00' N. lat. 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 consecutive days. To minimize discarding, vessels 
may land cod in excess of the trip limit provided that they do not 
call-out of the multispecies DAS program until DAS per trip correspond 
to the total allowable landings of cod per trip.
    Recent concern has been raised that the intent of these regulations 
was being circumvented by fishers directing on GOM cod early in the 
trip and allowing their DAS clock continue to run while returning to 
fish for other regulated species. This practice allows vessels to take 
advantage of the 1,500 lb (680.4 kg) cod trip limit after the fourth 
day of a ``trip,'' and permits some Trip-gillnet category vessels, 
which normally bring in their nets at the end of each trip, to leave 
them in the water.
    This framework proposes to adjust the GOM cod trip limit by 
requiring vessels subject to this provision (i.e., all vessels fishing 
under a multispecies DAS that are not fishing under the trip limit 
exemption specified at Sec. 648.86(b)(2) and that have exceeded the 
trip limit) to remain in port until sufficient DAS have passed to 
equate to the cod landed. In addition, these vessels would be required 
to come into port and report to NMFS by calling either the cod hail 
line or the DAS call-out number within 14 days of starting a trip, 
whichever is appropriate. For instance, if the trip limit is exceeded, 
the operator would call the cod hail line, if not exceeded, the 
operator must call the DAS number and end the trip.
    This measure is intended to prevent vessels from ``running their 
clock'' and taking advantage of the 1,500 lb (680.4 kg) cod trip limit 
after the fourth day of a trip, as well as help ensure that Trip-
gillnet vessels retrieve their nets from the water periodically. 
Vessels exceeding the cod trip limit, and thus required to remain in 
port, may transit to another port, provided the operator or owner calls 
the cod hail line and reports the vessel name and permit number, time 
of departure, destination port, and estimated time of arrival before 
leaving the dock to transit. Transiting vessels would be required to 
stow all nets and would be prohibited from having fish on board the 
vessel.
    Because current regulations contained in Sec. 648.4(c)(2)(iii)(B) 
specify that gillnet vessels must select either the Day- or Trip-
gillnet category for an entire fishing year, and since the cod trip 
limit as implemented may have influenced a vessel owner's selection, 
this framework would allow gillnet vessels to switch categories once 
during the 1997 fishing year. Vessels electing to change their gillnet 
category would need to complete the Gillnet Category Designation and 
Tag Program Application Form within 30 days of the date of 
effectiveness of the final rule implementing Framework 24. A vessel 
switching from the Trip- to Day-gillnet category would be required to 
take the full 120 days out of the gillnet fishery, starting with the 
time the vessel was issued a Day gillnet category designation.
    Also, to better represent the stock boundary between GOM and 
Georges Bank cod, this framework would modify the current GOM cod trip 
limit boundary. Specifically, the trip limit boundary line would be 
modified from 42 deg.00' N. lat. to 42 deg.20' N. lat. east of 
69 deg.30' W. long.
    Due to a concern that unforeseen circumstances may result in 
forfeiture of DAS or fishing under unsafe circumstances, such as bad 
weather conditions or mechanical breakdowns near the end of the year, 
the Council developed a measure to allow vessels to carry-over up to 10 
unused multispecies DAS from one fishing year to the next. This action 
would credit each active vessel with the amount of unused DAS 
remaining, up to a maximum of 10. The carry-over allowance could not be 
accumulated year to year; e.g., a vessel that receives an allocation of 
88 DAS per year would not be allowed to use more than 176 DAS over a 2-
year period. This measure would promote safety by reducing risk and 
increasing planning flexibility, while not compromising the 
conservation impact of the DAS program.
    In September 1996 and 1997, NAFO allocated the U.S. allocations of 
redfish and Illex squid, as well as a small effort allocation for 
shrimp (Pandalus sp.). The U.S. has an interest in increasing U.S. 
participation in NAFO fisheries. In response, the Council developed 
steps to remove regulatory obstacles to allow vessels to fish for 
species currently regulated under the FMP and to land in U.S. ports. 
Specifically, Framework 24 would exempt multispecies vessels that 
possess a High Seas Fishing Compliance Act permit and that are fishing 
exclusively in the NAFO Regulatory Area from DAS, minimum mesh size, 
and possession limit requirements of the multispecies FMP. These 
vessels would, instead, be subject to the requirements imposed by NAFO. 
Vessels would be required to call the NMFS Office of Law Enforcement, 
nearest to the point where the vessel intends to offload, to declare 
their intent to fish in the NAFO area prior to leaving port, and to 
call-in by marine radio-telephone to the NMFS Law Enforcement Office 
nearest to the point of offloading when leaving the NAFO area to return 
home. If necessary for enforcement or administrative reasons, the 
Administrator, Northeast Region, NMFS (Regional Administrator) is 
authorized to require that a NMFS-issued exemption certificate be on 
board the vessel.
    NMFS is requesting comments on the proposed measures contained in 
this action, and in particular, the proposed modification of the 
current GOM cod trip limit boundary line. Comments

[[Page 60678]]

must be received on or before December 10, 1997.

Classification

    This rule has been determined to be not significant for the 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. This certification is based on the following analysis 
which takes into account the applicable criteria established by the 
agency for determining whether economic impacts on small entities are 
``significant'' under the Regulatory Flexibility Act. For the purposes 
of the GOM cod trip limit adjustment and the 10-DAS carry-over 
provision, there are approximately 1,650 limited access multispecies 
vessels, virtually all of which are small entities that are subject to 
these regulations. However, based on the best available information, 
both of these measures would affect fewer than 20 percent of the 
vessels in the fishery. Recent information shows that most vessels have 
begun redirecting effort off GOM cod and, therefore, are not catching 
cod at rates greater than the trip limit. Preliminary reports show that 
for the first 2 months of the 1997 fishing year, 250 calls were made to 
the cod hail line. This figure constitutes fewer than 5 percent of the 
5,300 DAS notification calls made during this time. Further, with a 50 
percent DAS reduction now in effect (May 1, 1997), a strong incentive 
exists for vessels to call-in and end a DAS trip, i.e., not exceeding 
the cod trip limit. In regards to the DAS carry-over provision, based 
on 1996 DAS utilization rates, it is anticipated that far fewer than 20 
percent of all vessels will utilize their DAS to within 10 days of 
their annual allocation. Of those that do, only a subset will actually 
benefit, that is, use the carryover. For the NAFO exemptions proposed 
in this rule, the universe of vessels for practical purposes is limited 
to the vessels that are physically capable of making the trip. As these 
exemptions would apply to all vessels regardless of whether or not they 
have a multispecies permit, the universe of small entities is all U.S. 
vessels capable of making the trip. Variables involved in determining 
ability to make a trip include vessel size, hull design, fuel capacity, 
captain and crew experience, and weather conditions. Based on this, the 
number of affected vessels cannot be currently estimated; however, 
recent information shows that a total of 40 vessels have obtained a 
High Seas Fishing Compliance Act permit from NMFS and, thus, have 
indicated an interest in participating in this exemption program. 
Considering the necessity of vessel capability and the limited number 
of vessels that have demonstrated an interest thus far in fishing in 
the NAFO Regulatory Area, the impact of these exemptions is expected to 
be positive since it provides additional opportunity to fish and, 
therefore, will not have a significant adverse effect. As a result, an 
initial regulatory flexibility analysis was not prepared.
    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 three new collection-of-information 
requirements. The collection-of-information requirements have been 
submitted to the OMB for approval under control number 0648-0202, and 
the estimated response times are as follows:
    1. Declaration of transit to another port under the exception to 
the cod trip limit requirement to remain in port (1- minute response 
when made in conjunction with a cod hail line call, 3-minutes response 
when made as a separate call).
    2. Declaration to fish in and to leave the NAFO Regulatory Area (3-
minutes response for initial call, 5-minutes response for second call).
    3. Request for letter of authorization to fish in the NAFO 
Regulatory Area (3-minutes response).
    This rule also restates current information requirements that had 
been approved by OMB under the PRA and that are needed for the 
implementation of Framework Adjustment 24. These current information 
requirements are approved under OMB control number 0648-0202. Their 
estimated response times are as follows:
    1. Declaration into the Trip or Day gillnet vessel category and 
request for initial gillnet tags requires written declaration (5-
minutes response).
    2. Declaration of 120 days out of the gillnet fishery in minimum 
blocks of 7 days requires vessel notification (3-minutes response).
    3. Reporting of cod catch on board and off-loaded for vessels 
fishing north of the cod exemption line, specified at 
Sec. 648.86(b)(1), while fishing under a NE multispecies DAS requires 
vessel notification (3-minutes response).
    4. Declaration that a vessel will be fishing south of the cod 
exemption line, specified at Sec. 648.86(b)(2), while fishing under a 
NE multispecies DAS requires vessel notification (2- minutes response).
    Send comments regarding these burden estimates or any other aspect 
of the data requirements, including suggestions for reducing the 
burden, to the Regional Administrator and to OMB (see ADDRESSES).
    Public comment is sought regarding whether this proposed collection 
of information is necessary and practical for the proper performance of 
the functions of the agency; 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 techniques or other forms of information technology.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 5, 1997.
David Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

    2. In Sec. 648.2, the definitions for ``NAFO'', ``NAFO Convention 
Area'', and ``NAFO Regulatory Area'' are added, in alphabetical order, 
to read as follows:


Sec. 648.2  Definitions.

* * * * *
    NAFO means Northwest Atlantic Fisheries Organization.
    NAFO Convention Area means the waters of the Northwest Atlantic 
Ocean north of 35 deg.00' N. lat. and west of a line extending due 
north from 35 deg.00' N. lat. and 42 deg.00' W. long. to 59 deg.00' N. 
lat., thence due west to 44 deg.00' W. long., and thence due north to 
the coast of Greenland and the waters of the Gulf of St. Lawrence, 
Davis Strait and Baffin Bay south of 78 deg.10' N. lat.
    NAFO Regulatory Area means the part of the NAFO Convention Area 
that lies beyond the 200-mile zones of the coastal States.
* * * * *

[[Page 60679]]

    3. In Sec. 648.4, paragraphs (a)(1) introductory text and 
(c)(2)(iii)(B) are revised to read as follows:


Sec. 648.4  Vessel and individual commercial permits.

    (a) * * *
    (1) NE multispecies vessels. Except for vessels that have been 
issued a valid High Seas Fishing Compliance Act permit, have declared 
their intent to fish, and fish exclusively in the NAFO Regulatory Area 
as provided in Sec. 648.17(a), any vessel of the United States, 
including a charter or party boat, must have been issued and have on 
board a valid multispecies permit to fish for, possess or land 
multispecies finfish in or from the EEZ. Multispecies frames used as, 
or to be used as, bait on a vessel fishing exclusively with pot gear 
are deemed not to be multispecies finfish for purposes of this part 
provided that there is a receipt for the purchase of those frames on 
board the vessel.
* * * * *
    (c) * * *
    (2) * * *
    (iii) * * *
    (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. 648.82(k). 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. Except for fishing year 1997, 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. For the 1997 fishing year, a vessel may change its 
gillnet category designation once, provided the vessel owner submits a 
Gillnet Category Designation and Tag Program Application Form to NMFS 
within 30 calendar days of the effectiveness date of this provision. 
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.
* * * * *
    4. In Sec. 648.10, paragraph (c)(5) is revised and paragraph (f)(3) 
is added to read as follows:


Sec. 648.10  DAS notification requirements.

* * * * *
    (c) * * *
    (5) Any vessel that possesses or lands per trip more than 400 lb 
(181.44 kg) of scallops, and any vessel issued a limited access 
multispecies permit subject to the DAS program and call-in requirement 
that possesses or lands regulated species, except as provided in 
Secs. 648.17 and 648.89, shall be deemed in the DAS program for 
purposes of counting DAS, regardless of whether the vessel's owner or 
authorized representative provided adequate notification as required by 
paragraph (c) of this section.
* * * * *
    (f) * * *
    (3) Cod trip limit call-in. (i) A vessel subject to the cod landing 
limit restriction specified in Sec. 648.86(b)(1)(i), that has not 
exceeded the allowable limit of cod based on the duration of the trip, 
must enter port and call-out of the DAS program no later than 14 DAS 
after starting (i.e., the time of issuance of a DAS authorization 
number) a multispecies DAS trip.
    (ii) A vessel subject to the cod trip limit restriction specified 
in Sec. 648.86(b)(1)(i), that exceeds or is expected to exceed the 
allowable limit of cod based on the duration of the trip, must enter 
port no later than 14 DAS after starting (i.e., the time of issuance of 
a DAS authorization number) a multispecies DAS trip, and, must report, 
upon entering port and before offloading, its hailed weight of cod 
under the separate call-in system specified at 
Sec. 648.86(b)(1)(ii)(B). Such vessel must remain in port, unless for 
transiting purposes as allowed in Sec. 648.86(b)(3), and may not call-
out of the DAS program for that trip, until sufficient time has elapsed 
to account for and justify the amount of cod on board in accordance 
with Sec. 648.86(b)(1)(ii).
    5. In Sec. 648.14, paragraphs (a)(12), (a)(13), (a)(31)(iii), 
(a)(33), (a)(35) through (37), (a)(47), (a)(55), (b), (c) introductory 
text, (d) introductory text, (e), (g) introductory text, (t), 
(x)(4)(i), and (ii) are revised, and paragraphs (a)(31)(iv), and 
(c)(22) through (25) are added to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
* * * * *
    (12) Fish for, take, catch, harvest, possess or land any species of 
fish regulated by this part in or from the EEZ, on or by a vessel, 
unless the vessel has a valid and appropriate permit issued under this 
part and the permit is on board the vessel and has not been 
surrendered, revoked, or suspended, or unless otherwise specified in 
Sec. 648.17.
    (13) Purchase, possess or receive for a commercial purpose, or 
attempt to purchase possess or receive for a commercial purpose, any 
species regulated under this part unless in possession of a valid 
dealer permit issued under this part, except that this prohibition does 
not apply to species that are purchased or received from a vessel not 
issued a permit under this part that fished exclusively in state 
waters, or unless otherwise specified in Sec. 648.17.
* * * * *
    (31) * * *
    (iii) The NE multispecies were harvested in or from the EEZ by a 
recreational fishing vessel; or
    (iv) Unless otherwise specified in Sec. 648.17.
* * * * *
    (33) Sell, barter, trade, or otherwise transfer; or attempt to 
sell, barter, trade, or otherwise transfer for a commercial purpose any 
NE multispecies from a trip, unless the vessel is holding a 
multispecies permit, or a letter under Sec. 648.4(a)(1), and is not 
fishing under the charter/party vessel restrictions specified in 
Sec. 648.89, or unless the NE multispecies were harvested by a vessel 
without a multispecies permit that fishes for NE multispecies 
exclusively in state waters, or unless otherwise specified in 
Sec. 648.17.
* * * * *
    (35) Fish with, use, or have on board within the area described in 
Sec. 648.80(a)(1), nets of mesh whose size is smaller than the minimum 
mesh size specified in Sec. 648.80(a)(2), except as provided in 
Sec. 648.80(a)(3) through (6), (a)(8), (a)(9), (d), (e) and (i), unless 
the vessel has not been issued a multispecies permit and fishes for NE 
multispecies exclusively in state waters, or unless otherwise specified 
in Sec. 648.17.
    (36) Fish with, use, or have available for immediate use within the 
area described in Sec. 648.80(b)(1), nets of mesh size smaller than the 
minimum size specified in Sec. 648.80(b)(2), except as provided in 
Sec. 648.80(b)(3), (d), (e), and (i), or unless the vessel has not been 
issued a multispecies permit and fishes for multispecies exclusively in 
state waters, or unless otherwise specified in Sec. 648.17.
    (37) Fish with, use, or have available for immediate use within the 
area described in Sec. 648.80(c)(1), nets of mesh size smaller that the 
minimum mesh size specified in Sec. 648.80(c)(2), except as provided in 
Sec. 648.80(c)(3), (d), (e), and

[[Page 60680]]

(i), or unless the vessel has not been issued a multispecies permit and 
fishes for NE multispecies exclusively in state waters, or unless 
otherwise specified in Sec. 648.17.
* * * * *
    (47) Fish for the species specified in Sec. 648.80(d) or (e) with a 
net of mesh size smaller than the applicable mesh size specified in 
Sec. 648.80(a)(2), (b)(2), or (c)(2), or possess or land such species, 
unless the vessel is in compliance with the requirements specified in 
Sec. 648.80(d) or (e), or unless the vessel has not been issued a 
multispecies permit and fishes for NE multispecies exclusively in state 
waters, or unless otherwise specified in Sec. 648.17.
* * * * *
    (55) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, regulated species in excess of the possession limit 
specified in Sec. 648.86 applicable to a vessel issued a multispecies 
permit, unless otherwise specified in Sec. 648.17.
* * * * *
    (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 (b), or to violate any of the other provisions of Sec. 648.86, 
unless otherwise specified in Sec. 648.17.
    (c) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a limited access multispecies permit or a letter under 
Sec. 648.4(a)(1)(i)(H)(3), unless otherwise specified in Sec. 648.17, 
to do any of the following:
* * * * *
    (22) Fail to comply with the exemption specifications as described 
in Sec. 648.17.
    (23) Fail to enter port and call-out of the DAS program no later 
than 14 DAS after starting (i.e., the time of the issuance of the DAS 
authorization number) a multispecies DAS trip, as specified in 
Sec. 648.86(b)(1)(i), unless otherwise specified in 
Sec. 648.86(b)(1)(ii), or unless the vessel is fishing under the cod 
exemption specified in Sec. 648.86(b)(2).
    (24) Fail to enter port and report the hail weight of cod no later 
than 14 DAS after starting (i.e., the time of the issuance of the DAS 
authorization number) a multispecies DAS trip, if the vessel exceeds 
the allowable limit of cod specified in Sec. 648.86(b)(1)(i), unless 
the vessel is fishing under the cod exemption specified in 
Sec. 648.86(b)(2).
    (25) Fail to remain in port for the appropriate time specified in 
Sec. 648.86(b)(1)(ii)(A), except for transiting purposes, provided the 
vessel complies with Sec. 648.86(b)(3).
    (d) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of 
this section, it is unlawful for any person owning or operating a 
vessel issued a multispecies handgear permit to do any of the 
following, unless otherwise specified in Sec. 648.17:
* * * * *
    (e) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) through (d) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a scallop multispecies possession limit permit to possess or 
land more than the possession limit of regulated species specified at 
Sec. 648.88(c) or to possess or land regulated species when not fishing 
under a scallop DAS, unless otherwise specified in Sec. 648.17.
* * * * *
    (g) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and the prohibitions specified in 
paragraphs (a) through (f) of this section, it is unlawful for the 
owner or operator of a charter or party boat issued a multispecies 
permit, or of a recreational vessel, as applicable, to, unless 
otherwise specified in Sec. 648.17:
* * * * *
    (t) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) through (h) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a nonregulated multispecies permit to possess or land any 
regulated species as defined in Sec. 648.2, or violate any applicable 
provisions of Sec. 648.88, unless otherwise specified in Sec. 648.17.
* * * * *
    (x) * * *
    (4) * * *
    (i) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec. 648.83 for sale are deemed to have been 
taken or imported in violation of these regulations, unless the 
preponderance of all submitted evidence demonstrates that such fish 
were harvested by a vessel not issued a permit under this part fished 
exclusively within state waters, or by a vessel that fished exclusively 
in the NAFO Regulatory Area. This presumption does not apply to fish 
being sorted on deck.
    (ii) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec. 648.83 for sale are deemed taken from 
the EEZ or imported in violation of these regulations, unless the 
preponderance of all submitted evidence demonstrates that such fish 
were harvested by a vessel not issued a permit under this part fished 
exclusively within state waters, or by a vessel that fished exclusively 
in the NAFO Regulatory Area. This presumption does not apply to fish 
being sorted on deck.
* * * * *
    6. Section 648.17 is added to read as follows:


Sec. 648.17  Exemptions for vessels fishing in the NAFO Regulatory 
Area.

    (a) Multispecies vessels. (1) A vessel issued a valid High Seas 
Fishing Compliance Act permit under 50 CFR part 300 is exempt from 
multispecies permit, mesh size, effort-control, and possession limit 
restrictions, specified in Secs. 648.4, 648.80, 648.82 and Sec. 648.86, 
respectively, while transiting the EEZ with multispecies on board the 
vessel, or landing multispecies in U.S. ports that were caught while 
fishing in the NAFO Regulatory Area, provided:
    (i) Prior to leaving port, the vessel operator notifies the 
Regional Administrator of his/her intent to fish in the NAFO Regulatory 
Area by calling the NMFS Office of Law Enforcement nearest to the point 
where the vessel intends to offload, (contact the Regional 
Administrator for locations and phone numbers), unless otherwise 
required by the Regional Administrator under paragraph (a)(2) of this 
section;
    (ii) Prior to leaving the NAFO Regulatory Area to return to the 
EEZ, the vessel operator notifies the Regional Administrator by calling 
the NMFS Office of Law Enforcement nearest to the point of offloading 
(contact the Regional Administrator for locations and phone numbers) 
via marine-radio telephone or other voice communications system, unless 
otherwise required by the Regional Administrator under paragraph (a)(2) 
of this section, and provides the following information: His/her intent 
to return to the EEZ, the vessels destination port, and the estimated 
time of arrival;
    (iii) For the duration of the trip, the vessel fishes, except for 
transiting purposes, exclusively in the NAFO Regulatory Area and does 
not harvest fish in, or possess fish harvested in, or from, the EEZ;
    (iv) When transiting the EEZ, all gear is properly stowed in 
accordance with

[[Page 60681]]

one of the applicable methods specified in Sec. 648.81(e); and
    (v) Vessels comply with the High Seas Fishing Compliance Act permit 
and all NAFO conservation and enforcement measures while fishing in the 
NAFO Regulatory Area.
    (2) Vessels fishing in the NAFO Regulatory Area under the 
multispecies exemptions specified in paragraph (a)(1) of this section 
may be required to have a letter of authorization issued by the 
Regional Administrator on board the vessel should he/she determine that 
it is needed for purposes of enforcement and administration of this 
provision. In the event that a letter of authorization is required, 
vessel owners will be informed through a permit holder letter at least 
two weeks prior to the change.
    (b) [Reserved]
    7. Section 648.80 is amended by revising the introductory text to 
read as follows:


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

    Except as provided in Sec. 648.17(a), all vessels must comply with 
the following minimum mesh size, gear and methods of fishing 
requirements, unless otherwise exempted or prohibited.
* * * * *
    8. In Sec. 648.82, paragraph (a) and (k)(1)(iv)(A) are revised and 
(k)(1)(iv)(D) and (l) are added to read as follows:


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

    (a) General. Except as provided in Sec. 648.17(a), a vessel issued 
a limited access multispecies permit 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 in this section, 
unless otherwise provided in these regulations.
* * * * *
    (k) * * *
    (1) * * *
    (iv) * * *
    (A) During each fishing year, vessels must declare, and take, a 
total of 120 days out of the non-exempt 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, unless otherwise specified in paragraph 
(k)(1)(iv)(D) of this section. The spawning season time out period 
required by Sec. 648.82(g) will be credited toward the 120-days time 
out of the non-exempt 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 or non-exempt species harvested with gillnet gear, and 
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, 
unless otherwise specified in paragraph (k)(1)(iv)(D) of this section.
* * * * *
    (D) For the 1997 fishing year, vessels that switch mid-year from 
the Trip gillnet category to the Day gillnet category, as described in 
Sec. 648.4(c)(2)(iii)(B), must take 120-days out of the non-exempt 
gillnet fishery between the time that the vessel receives its new Day 
gillnet category designation and gillnet tags and the end of the 
fishing year.
* * * * *
    (l) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J) 
for the entire fishing year preceding the carry-over year, limited 
access vessels that have unused DAS on the last day of April of any 
year, may carry over a maximum of 10 DAS into the next year. This 
carry-over allowance may not be accumulated year-to-year, e.g., a 
vessel that receives an allocation of 88 DAS per fishing year is not 
allowed to use more than 176 DAS over a 2-year period.
    9. In Sec. 648.83, paragraph (a)(1) introductory text is revised to 
read as follows:


Sec. 648.83  Minimum fish sizes.

    (a) * * *
    (1) Minimum fish sizes for recreational vessels and charter/party 
vessels that are not fishing under a NE multispecies DAS are specified 
in Sec. 648.89. Except as provided in Sec. 648.17(a), all other vessels 
are subject to the following minimum fish sizes (TL):
* * * * *
    10. In Sec. 648.86, introductory text and paragraph (b)(3) are 
added, and (b)(1) introductory text, (b)(1)(i), and (ii) introductory 
text, (b)(1)(ii)(A) and (B), and (b)(2) are revised to read as follows:


Sec. 648.86  Possession restrictions.

    Except as provided in Sec. 648.17(a) of this section, the following 
possession restrictions apply:
* * * * *
    (b) * * *
    (1) Gulf of Maine trip limit. (i) Except as provided in paragraph 
(b)(1)(ii) and (b)(2) of this section, and subject to the cod trip 
limit call-in provision specified at Sec. 648.10(f)(3)(i), a vessel 
fishing under a NE multispecies DAS may land up to 1,000 lb (453.6 kg) 
of cod per DAS, or any part of a DAS, 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 
DAS, or any part of a day, in excess of 4 consecutive DAS. 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 DAS'' (less than 24 hours) may land up 
to an additional 1,000 lb (453.6 kg) of cod for that ``part of a DAS''; 
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 
DAS'' 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 (b)(1)(i) of this section, and subject to the 
cod trip limit call-in provision specified at Sec. 648.10(f)(3)(ii), 
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), and remains in port, unless for 
transiting purposes as allowed in paragraph (b)(3) of this section, 
until sufficient time has elapsed to account for and justify the amount 
of cod harvested at the time of offloading regardless of 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 returning to port and before offloading, the vessel 
operator notifies the Regional Administrator (see Table 1 to 
Sec. 600.502 for the Regional Administrator's address) and provides

[[Page 60682]]

the following information: Vessel name and permit number, owner and 
caller name, DAS confirmation number, 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.
* * * * *
    (2) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (b)(1) when 
fishing south of a line beginning at the Cape Cod, MA coastline at 
42 deg.00' N. lat. and running eastward along 42 deg.00' N. lat. until 
it intersects with 69 deg.30' W. long., then northward along 69 deg.30' 
W. long. until it intersects with 42 deg.20' N. lat., then eastward 
along 42 deg.20' N. lat. until it intersects with 67 deg.20' W. long., 
then northward along 67 deg.20' W. long. until it intersects with the 
U.S.-Canada maritime boundary, 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 this exemption area, provided that their gear is stowed in 
accordance with one of the provisions of Sec. 648.81(e).
    (3) Transiting. A vessel that has exceeded the cod trip limit as 
specified in paragraph (b)(1) of this section and is, therefore, 
subject to remain in port for the period of time described in paragraph 
(b)(1)(ii)(A) of this section, may transit to another port during this 
time, provided that the vessel operator notifies the Regional 
Administrator (see Table 1 to Sec. 600.502 for the Regional 
Administrator's address) either at the time the vessel reports its 
hailed weight of cod or at a later time prior to transiting, and 
provides the following information: Vessel name and permit number, 
destination port, time of departure, and estimated time of arrival. A 
vessel transiting under this provision must stow its gear in accordance 
with one of the methods specified in Sec. 648.81(e), and may not have 
any fish on board the vessel.
* * * * *
[FR Doc. 97-29706 Filed 11-10-97; 8:45 am]
BILLING CODE 3510-22-F