[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Rules and Regulations]
[Pages 15326-15333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8288]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980318066-8066-01; I.D. 022698A]
RIN 0648-AK77


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 25

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

ACTION: Final rule and 1998 target total allowable catch (TAC) levels.

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SUMMARY: NMFS issues this final rule to implement measures contained in 
Framework 25 to the Northeast Multispecies Fishery Management Plan 
(FMP). The primary purpose of this action is to significantly reduce 
fishing effort on Gulf of Maine (GOM) cod through a combination of 
direct and indirect measures. Direct measures include area closures and 
trip limits, and indirect measures include an incentive to shift effort 
from the GOM to Georges Bank with an increased haddock trip limit. This 
final rule implements management measures that include: 1-month 
sequential closures for each of four GOM inshore areas starting in 
Massachusetts Bay and extending to Penobscot Bay and for an offshore 
area comprising Cashes Ledge; a year-round closure encompassing parts 
of Stellwagen Bank, Jeffreys Ledge, and Wildcat Knoll; a reduction in 
the GOM cod landing limit from 1,000 lb/day (453.6 kg/day) to 700 lb/
day (317.5 kg/day); an extension of the current 1,000 lb/day (453.6 kg/
day) haddock landing limit, with a 10,000 lb (4,536 kg/day) landing cap 
per trip, for the period May 1 through August 31, and an increase to 
3,000 lb/day (1,360.8 kg/day), with a 30,000 lb (13,608 kg/day) cap per 
trip, beginning September 1; a requirement to use a raised footrope 
trawl in Small Mesh Area 1 and Small Mesh Area 2; and a 1-year 
postponement of the Vessel Tracking System (VTS) for multispecies 
vessels. The intent of this action is to implement measures to achieve 
the rebuilding goals of Amendment 7 to the FMP for the 1998 
multispecies fishing year.

DATES: This final rule and the target total allowable catch levels are 
effective May 1, 1998.

ADDRESSES: Copies of Amendment 7 to the FMP (Amendment 7), its 
regulatory impact review (RIR), and the final regulatory flexibility 
analysis contained with the RIR, its final supplemental environmental 
impact statement, and Framework Adjustment 25 documents are available 
on request from Paul J. Howard, Executive Director, New England Fishery 
Management Council, 5 Broadway, Saugus, MA 01906-1097.
    Comments regarding the collection-of-information requirements 
contained in this final rule should be sent to Andrew A. Rosenberg, 
Regional Administrator, Northeast Region, NMFS, One Blackburn Drive, 
Gloucester, MA 01930-2298 and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503 (Attention: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION: Amendment 7, which became effective on July 
1, 1996, established a procedure for setting annual TACs for the five 
primary stocks of cod, haddock, and yellowtail flounder (Georges Bank 
cod, haddock, and yellowtail flounder, Southern New England yellowtail 
flounder, and GOM cod), and an aggregate TAC for the combined stocks of 
the remaining regulated multispecies. Adjustment of target TACs, which 
are calculated based on the biological reference points of 
Fmax for GOM cod and F0.1 for the remaining 
stocks of cod, haddock, and yellowtail flounder, is necessary to attain 
a fishing mortality rate that would allow cod, haddock, and yellowtail 
stocks to rebuild over time, and maintain current potential yield for 
the seven remaining multispecies. Adjustment of annual target TACs 
provides 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.
    Under Amendment 7, the Multispecies Monitoring Committee (MSMC) was 
established to review the

[[Page 15327]]

best available scientific information, adjust target TACs, and 
recommend management options to achieve the plan objectives. In 
response to the MSMC's advice for the 1997 fishing year, the New 
England Fishery Management Council (Council) developed, and NMFS 
implemented, Framework Adjustment 20 (62 FR 15381, April 1, 1997, and 
62 FR 49144, September 19, 1997), which established a GOM cod landing 
restriction limiting vessels fishing under a multispecies days-at-sea 
(DAS) north of 42 deg.00' N. lat. 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.
    In its report delivered at the December 9-11, 1997, Council 
meeting, the MSMC found that stock status has generally improved for 
the primary groundfish species, but that the condition of GOM cod 
remains poor. The report concluded that, at 0.78, the fishing mortality 
rate continues to be well above the overfishing definition (0.37) and 
the Amendment 7 mortality target of FMAX (0.29). Further, 
recruitment is at record low levels and spawning stock biomass is 
declining. The MSMC estimated that, after consideration of the fishing 
mortality reductions to be gained from the DAS reductions previously 
implemented under Amendment 7 for fishing year 1998, an additional 48 
percent fishing mortality reduction is necessary to achieve the target 
FMAX for GOM cod.
    Based on projected 1998 stock sizes and Amendment 7's fishing 
mortality targets, the target TACs for the 1998 fishing year were set 
by the MSMC and adopted by the Council as follows:
    Based on projected 1998 stock sizes and Amendment 7's fishing 
mortality targets, the target TACs for the 1998 fishing year were set 
by the MSMC as follows:

------------------------------------------------------------------------
                                                1998 Target  1997 Target
                                                    TACs         TACs   
                 Species/area                     (metric      (metric  
                                                   tons)        tons)   
------------------------------------------------------------------------
Georges Bank cod..............................        4,700        3,646
Georges Bank haddock..........................        4,797        1,608
Georges Bank yellowtail flounder..............        2,145          776
Gulf of Maine cod.............................        1,783        2,605
Southern New England yellowtail flounder......          814          824
Aggregate for remaining regulated species.....       25,500       25,500
------------------------------------------------------------------------

    In addition to setting the target TACs, the MSMC report provided 
the Council with eight specific management options and several general 
options and recommendations to keep the target TACs from being 
exceeded. These options were based on DAS reductions, trip limits, and 
area closures in various combinations.
    At its December 1997 meeting, the Council rejected options based on 
reducing DAS because they would directly and unnecessarily affect 
multispecies vessels fishing in areas outside of the GOM. In developing 
its options, the Council charged its Multispecies Oversight Committee 
to consider spawning area closure options that incorporate sequential 
GOM inshore closures, and GOM cod landing limit reductions. Because GOM 
cod is concentrated in near-shore waters, the Council recognized that 
measures directed at reducing effort on this stock would have a large 
impact on small inshore vessels, which account for most of the GOM cod 
landings. A sequential rolling closure, the Council reasoned, would 
affect vessels from various ports at different times and, thus, help 
mitigate inshore closure impacts on small vessels by allowing fishing 
to occur during the non-closure periods.
    Therefore, to address further reductions needed for GOM cod, this 
framework replaces the current multispecies Massachusetts Bay and Mid-
coast Area Closures with a 1-month closure for each of four inshore 
areas, starting in Massachusetts Bay and extending to Penobscot Bay, 
Maine, and a 1-month offshore closure in an area known as Cashes Ledge. 
Additionally, the framework closes, year-round, an area in the western 
GOM comprising part of Stellwagen Bank, Jeffreys Ledge, and Wildcat 
Knoll. Exemptions to these new closed areas remain the same as those 
for the previous Massachusetts Bay and Mid-coast Closure Areas. Also, a 
vessel may transit through these closure areas provided its gear is 
stowed properly according to the regulations.
    The third and final provision under this action to address needed 
reductions for GOM cod is a reduction in the current GOM cod landing 
limit from 1,000 lb/day (453.6 kg/day) to 700 lb/day (317.5 kg/day). A 
safeguard included in this last measure allows the Administrator, 
Northeast Region, NMFS (Regional Administrator), to reduce the landing 
limit to as low as 400 lb/day (181.4 kg/day) when 50 percent of the 
target TAC is reached through publication of a notification in the 
Federal Register. All GOM cod measures included in this framework will 
sunset after 3 years.
    The GOM cod option selected by the Council and implemented by this 
rule imposes a short closure period for inshore grounds and provides an 
opportunity for small vessels to target other species, while achieving 
the conservation goals of the plan. A no-displacement analysis 
completed by the Northeast Fisheries Science Center shows that the 
closure and trip limit would meet the mortality reduction goal. It 
should be noted, however, that these results are considered optimistic 
because the analysis assumes that all catch from the closed areas is 
conserved and no effort is displaced. Nevertheless, the Council 
rationalized, and NMFS concurs, that the effect of combining the area 
closures, trip limit (which could be reduced to 400 lbs (181.4 kg)), 
and current DAS controls, will be sufficient to achieve the fishing 
mortality reduction goal, while balancing the needs of the industry.
    To address the 1998 target TAC increase for Georges Bank haddock, 
this rule relaxes the current haddock management measures by 
establishing a 1,000 lb/day (453.6 kg/day) haddock landing limit, up to 
a maximum of 10,000 lb/trip (4,536 kg/trip), for the period May 1 
through August 31, 1998, and by increasing the landing limit to 3,000 
lb/day (1,360.8 kg/day), up to a maximum of 30,000 lb/trip (13,608 kg/
trip), beginning September 1. Similar to cod, this provision includes a 
trigger mechanism that authorizes the Regional Administrator to reduce 
the landing limit to either 1,000 lb/trip (453.6 kg/trip) or 1,000 lb/
day (453.6 kg/day), up to a maximum of 10,000 lb (4,536 kg) per trip, 
when 75 percent of the Georges Bank haddock target TAC is caught,

[[Page 15328]]

through publication of a notification in the Federal Register.
    This rule also requires the use of a raised footrope trawl to 
ensure that the net remains off of the ocean bottom when towed by trawl 
vessels fishing in the Small Mesh Area 1 and Small Mesh Area 2 
exemption areas. The raised footrope design has been successfully used 
in experimental fisheries conducted by the Massachusetts Division of 
Marine Fisheries (MADMF) to reduce the incidental catch of several 
bottom-dwelling species, including regulated flatfish species, while 
engaged in the whiting fishery.
    Finally, this rule postpones, for the 1998 fishing year only, the 
mandatory use of VTS by multispecies vessels with an individual DAS 
allocation. NMFS has completed field testing of the VTS and had 
informed the Council that the system could be operational by the start 
of the 1998 fishing year. Under current regulations, a multispecies 
vessel that possesses an individual DAS permit category (Individual DAS 
or Combination permit) would be required to install and maintain a VTS 
unit aboard the vessel to track DAS once the system is operational. The 
Council has requested an additional year for implementation to address 
comments and issues raised by members of the public.
    Because parts of Small Mesh Area 2 and Stellwagen Bank/Jeffreys 
Ledge Juvenile Protection Area lie within the year-round Western GOM 
Area Closure, this rule adjusts the coordinates of these two areas to 
reflect this change.

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 comments on the 
management of GOM cod at numerous meetings beginning in December, 1996 
when the MSMC informed the Council of the severely overfished status of 
GOM cod. Following development of Framework 20, the Council, through 
its Multispecies Oversight Committee and Area Closure Subcommittee, 
continued development of area closure alternatives for the GOM at 
public meetings held on several occasions during 1997. At the July 
Council meeting, the Northeast Fisheries Science Center presented 
results of its 24th Stock Assessment Workshop (SAW), updating the 
status of cod, haddock, and yellowtail flounder stocks, and advised the 
Council that fishing mortality on GOM cod be reduced to levels 
approaching zero.
    On December 3, 1997, the MSMC released its annual report. On 
December 5, the Area Closure Subcommittee and Multispecies Plan 
Development Team held a public meeting in Saugus, MA to develop an area 
closure alternative that would meet the 1998 fishing year goals based 
on information contained in the MSMC report. The first framework 
meeting was the December 9-11, 1997, Council meeting. The Multispecies 
Oversight Committee (Groundfish Committee) met on December 15 to 
finalize options to be included in the framework document. On January 
7, 1998, the Groundfish Advisory Panel met to draft comments on the 
options for consideration by the Council. The final meeting at which 
public comments were heard was the January 14-15, 1998, Council 
meeting. 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 one week prior to the final 
meeting, as is required under the framework adjustment process. Written 
comments were accepted up to, and during, that meeting.

Comments and Responses

    Comment 1: Approximately 100 letters and e-mails, as well as 
several phone calls, were received from members of conservation 
organizations urging the Council to develop measures necessary to 
continue achieving the Amendment 7 rebuilding plan goals.
    Response: Framework 25 measures, implemented under this rule, are 
designed to achieve the fishing mortality rate goals for GOM cod in 
fishing year 1998, and to continue measures which have already achieved 
those goals for other critical stocks in order to rebuild stock 
biomass. The framework adjustment process allows the Council to monitor 
the progress of the plan and make adjustments as necessary to 
continually meet the plan goals.
    Comment 2: Senators Edward Kennedy (MA), John Kerry (MA), Bob Smith 
(NH), and Judd Gregg (NH), Congressmen John Sununu (NH) and John 
Tierney (MA), and NH Governor Jeanne Shaheen submitted written comments 
urging the Council to consider all options, including those presented 
by industry groups, and to select the one that fairly distributes the 
impacts of the conservation plan on all groups.
    Response: A fishing industry group, the Gulf of Maine Fishermen's 
Alliance, submitted a proposal (the Alliance proposal) too late, 
pursuant to statutory deadlines, for consideration by the Council as an 
option for Framework 25. However, the Alliance proposal will be 
considered by the Council in a subsequent framework action. See 
response to comment 4.
    The Council did select the framework document option that could be 
shown to meet the conservation goals of the plan and that distribute 
the impacts across vessel categories and geographical areas as 
equitably as possible. As noted previously, however, analyses of this 
option are considered optimistic in terms of meeting the conservation 
goal. Despite this, it is believed that the effect of this action in 
combination with current measures will adequately meet the fishing 
mortality reductions specified for GOM cod.
    The Council recognizes that since GOM cod is concentrated in 
inshore waters, measures designed to protect that stock will directly 
impact inshore fleets and their associated communities. All of the 
options available to the Council would distribute impacts similarly 
because of the nature and the distribution of the GOM cod resource. The 
rolling 1-month feature that pertains to most of the closed area is 
designed to mitigate these impacts.
    Comment 3: Several members of the public stated that they felt the 
Council failed to give adequate public notice for the framework 
meetings.
    Response: The public had been informed of the dire need to address 
GOM cod on numerous occasions over the past year, e.g, the December 
1996 Council meeting when the 1996 MSMC Report was delivered, the July 
1997 Council meeting when the results of the 24th SAW were presented, 
and in December 1997 when the MSMC released its 1997 report. In 
addition, the Groundfish Committee and its Area Closure Subcommittee 
have discussed measures to address GOM cod at several public meetings 
during that time. The public has also known about the annual review and 
adjustment process since it was instituted by Amendment 7 to the

[[Page 15329]]

FMP in 1996. The December 9-11, 1997, Council meeting agenda containing 
an announcement of the MSMC report and initial framework meeting was 
mailed to approximately 1,650 interested parties on November 19, 1997, 
filed for public inspection by the Office of the Federal Register on 
November 24, 1998, and published in the Federal Register on November 
28, 1997 (62 FR 63309). Also, adequate public notice was given for the 
December 15, 1997, Multispecies Committee meeting, and for the final 
Council meeting on this action, held January 14-15, 1998.
    Comment 4: Approximately 90 individuals signed a petition opposing 
the option adopted by the Council in Framework 25. They contended that 
an alternative which would have added some offshore grounds to the 
rolling closure but which would have not closed any areas year round, 
and saying that Option 3 would do a better job of protecting the 
resource and the industry. Approximately 80 individuals signed a 
petition supporting a new alternative, the Alliance proposal, which was 
not available in time for full consideration by the Council for 
Framework 25. Numerous individuals also provided oral comment 
supporting this alternative at the Council's January 14-15, 1998, 
meeting. Massachusetts State Senator Bruce Tarr and State 
Representative Tony Verga both urged the Council to consider the 
proposal.
    Response: Because of statutory deadlines, the Alliance proposal was 
submitted too late to be considered fully by the Council for Framework 
25, but is currently being considered for a possible follow-up 
Framework action. At the time Framework 25 was submitted, the proposal 
was in the process of being revised by the Alliance members because it 
could not be shown to meet the biological goal. The Council has, 
however, given this proposal a high priority for consideration, and 
will take appropriate action at the earliest opportunity.
    Comment 5: Approximately 15 fishers from Maine signed three letters 
to the Council supporting the rolling closures without exceptions for 
gears that were purported to not catch cod.
    Response: With the exception of certain gear types discussed below, 
the Council adopted a rolling closure option which did not allow 
exceptions for gears, such as flounder or monkfish gillnets, that are 
purportedly able to be fished in a manner that has minimal impact on 
cod. The Council rejected these proposed gear exceptions due to 
enforcement difficulty resulting from allowing such fishing in an area 
closed to other very similar gears. However, vessels fishing in closed 
areas with gear deemed not capable of catching regulated species, such 
as lobster pots, are exempted and these vessels are prohibited from 
possessing regulated species. NMFS concurs in the Council's findings.
    Comment 6: Several industry members stated that closing inshore 
grounds for extended periods would cause small boat fishers to seek 
alternative fishing grounds beyond the safe range of their vessels.
    Response: Framework 25 closes inshore areas for 1-month periods 
during the spring and summer months. The year-round closure is a narrow 
strip several miles offshore. Thus, the immediate inshore grounds 
remain open for 11 months of the year. The Council considered safety 
and purposefully selected an option that minimizes the closure of 
inshore grounds and provides opportunity to fish inshore. The safe 
operation of a vessel is the Captain's responsibility. NMFS concurs in 
the Council's conclusion.
    Comment 7: Several individuals commented in opposition to a 
proposal to postpone the mandatory VTS only on vessels fishing in the 
GOM.
    Response: NMFS concurs with the Council's decision to reject this 
proposal in favor of a 1-year postponement extended to all Individual 
DAS vessels, not just those fishing in the GOM. See discussion of the 
VTS postponement earlier in this document.

Classification

    The Assistant Administrator for Fisheries, NOAA 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.
    Because prior notice and an opportunity for public comment are not 
required to be provided for this rule by 5 U.S.C. 533, or by any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are inapplicable. 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. The increased haddock trip limit for 1998 provides economic 
opportunity, while the postponement of mandatory VTS for one year 
reduces short-term costs to vessels, thereby mitigating impacts of the 
FMP without compromising its conservation objectives.
    This rule restates information collection requirements subject to 
the Paperwork Reduction Act (PRA) that have been approved by the Office 
of Management and Budget (OMB) under control number 0648-0202. Call-in 
requirements are estimated to take 2 minutes per call, and the 
transiting notification is estimated to take 3 minutes per 
notification. Send comments regarding any of these burden estimates or 
any other aspect of the collection of information, including 
suggestions for reducing the burden, to NMFS and to OMB (see 
ADDRESSES).
    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 PRA unless that collection of information displays a currently 
valid OMB control number.
    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 25, 1998.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 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. 648.10, paragraphs (d) and (f)(3)(i) are revised to read 
as follows:


Sec. 648.10  DAS notification requirements.

* * * * *
    (d) Temporary authorization for use of the call-in system. The 
Regional Administrator may authorize or require, on a temporary basis, 
the use of the call-in system of notification specified in paragraph 
(c) of this section. If use of the call-in system is authorized or 
required, the Regional Administrator shall notify affected permit 
holders through a letter, notification in the Federal Register, or 
other appropriate means. From May 1, 1998, through April 30, 1999, 
multispecies vessels issued an Individual DAS or Combination Vessel 
(regarding the

[[Page 15330]]

multispecies fishery) permit are temporarily authorized to use the 
call-in system of notification specified in paragraph (c) of this 
section.
* * * * *
    (f) * * *
    (3) * * *
    (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 a multispecies DAS 
trip.
* * * * *
    3. In Sec. 648.14, paragraphs (a)(101), (c)(7), (c)(10), (c)(24) 
and (c)(25) are revised, paragraphs (a)(105) through (109) are added 
and reserved, and paragraph (a)(110) is added to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (101) Enter, fail to remove gear from, or be in the areas described 
in Sec. 648.81(f)(1) through (i)(1) and in Sec. 648.81(n)(1) during the 
time period specified, except as provided in Sec. 648.81(d), (f)(2), 
(g)(2), (h)(2), (i)(2) and (n)(2).
* * * * *
    (105) [Reserved].
    (106) [Reserved].
    (107) [Reserved].
    (108) [Reserved].
    (109) [Reserved].
    (110) Fish for, harvest, possess, or land in or from the EEZ, any 
of the exempted species specified in Sec. 648.80(a)(8)(i), unless such 
species were fished for or harvested by a vessel meeting the 
requirements specified in Sec. 648.80(a)(8)(iv).
* * * * *
    (c) * * *
    (7) Possess or land per trip more than the possession or landing 
limits specified under Sec. 648.86(a), (b), and under 
Sec. 648.82(b)(3), if the vessel has been issued a limited access 
multispecies permit.
* * * * *
    (10) Enter, fail to remove sink gillnet gear or gillnet gear 
capable of catching multispecies from, or be in the areas, and for the 
times, described in Sec. 648.87(a) and (b), except as provided in 
Sec. 648.81(d), and (f)(2), and in Sec. 648.87(a)(1)(ii).
* * * * *
    (24) Fail to enter port and report the hail weight of cod within 14 
DAS after starting a multispecies DAS trip, as specified in 
Sec. 648.10(f)(3), if the vessel exceeds the allowable limit of cod 
specified in Sec. 648.86(b)(1)(i) and (b)(3)(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)(4).
* * * * *
    4. In Sec. 648.80, paragraphs (a)(5)(i) and (a)(8) are revised to 
read as follows:


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

* * * * *
    (a) * * *
    (5) * * *
    (i) The SB/JL Juvenile Protection Area (copies of a chart depicting 
the area are available from the Regional Administrator upon request 
(see Table 1 to Sec. 600.502)) is defined by straight lines connecting 
the following points in the order stated:

                Stellwagen Bank Juvenile Protection Area                
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
SB1..............................  42 deg.34.0'        70 deg.23.5'     
SB2..............................  42 deg.28.8'        70 deg.39.0'     
SB3..............................  42 deg.18.6'        70 deg.22.5'     
SB4..............................  42 deg.05.5'        70 deg.23.3'     
SB5..............................  42 deg.11.0'        70 deg.04.0'     
SB6..............................  42 deg.15.0'        70 deg.07.4'     
SB7..............................  42 deg.15.0'        70 deg.15.0'     
SB8..............................  42 deg.24.0'        70 deg.15.0'     
SB1..............................  42 deg.34.0'        70 deg.23.5'     
------------------------------------------------------------------------


                 Jeffreys Ledge Juvenile Protection Area                
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
JL1..............................  42 deg.52.0'        70 deg.21.0'     
JL2..............................  42 deg.41.5'        70 deg.32.5'     
JL3..............................  42 deg.34.0'        70 deg.26.2'     
JL4..............................  42 deg.43.1'        70 deg.15.0'     
JL5..............................  42 deg.54.3'        70 deg.15.0'     
JL1..............................  42 deg.52.0'        70 deg.21.0'     
------------------------------------------------------------------------

* * * * *
    (8) Small Mesh Area 1/Small Mesh Area 2. (i) Vessels subject to the 
minimum mesh size restrictions specified in paragraph (a)(2) of this 
section may fish with or possess nets with a mesh size smaller than the 
minimum size, provided the vessel complies with the requirements of 
paragraph (a)(8)(iv) of this section, from July 15 through November 15 
when fishing in Small Mesh Area 1 and from January 1 through June 30 
when fishing in Small Mesh Area 2, except as specified in paragraph 
(a)(8)(ii) and (a)(8)(iii) of this section. A vessel may not fish for, 
possess on board, or land any species of fish other than: Butterfish, 
dogfish, herring, mackerel, ocean pout, scup, squid, silver hake, and 
red hake, except for the following allowable incidental species 
(bycatch as the term is used elsewhere in this part), with the 
restrictions noted: Longhorn sculpin; monkfish and monkfish parts--up 
to 10 percent, by weight, of all other species on board; and American 
lobster--up to 10 percent, by weight, of all other species on board or 
200 lobsters, whichever is less. These areas are defined by straight 
lines connecting the following points in the order stated (copies of a 
chart depicting these areas are available from the Regional 
Administrator upon request (see Table 1 to Sec. 600.502)):

                            Small Mesh Area 1                           
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
SM1..............................  43 deg.03'          70 deg.27'       
SM2..............................  42 deg.57'          70 deg.22'       
SM3..............................  42 deg.47'          70 deg.32'       
SM4..............................  42 deg.45'          70 deg.29'       
SM5..............................  42 deg.43'          70 deg.32'       
SM6..............................  42 deg.44'          70 deg.39'       
SM7..............................  42 deg.49'          70 deg.43'       
SM8..............................  42 deg.50'          70 deg.41'       
SM9..............................  42 deg.53'          70 deg.43'       
SM10.............................  42 deg.55'          70 deg.40'       
SM11.............................  42 deg.59'          70 deg.32'       
SM1..............................  43 deg.03'          70 deg.27'       
------------------------------------------------------------------------


                            Small Mesh Area 2                           
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
SM13.............................  43 deg.05.6'        69 deg.55.0'     
SM14.............................  43 deg.10.1'        69 deg.43.3'     
SM15.............................  42 deg.49.5'        69 deg.40.0'     
SM16.............................  42 deg.41.5'        69 deg.40.0'     
SM17.............................  42 deg.36.6'        69 deg.55.0'     
SM13.............................  43 deg.05.6'        69 deg.55.0'     
------------------------------------------------------------------------

    (ii) The portion of Small Mesh Area 2 that is north of 43 deg.00.0' 
N. lat. shall be closed to all fishing during the period May 1 through 
May 31 to coincide with Inshore Closure Area I specified in 
Sec. 648.81(g)(1)(iii). Therefore, during the May 1 through May 31 time 
period, Small Mesh Area 2 is defined by straight lines connecting the 
following points in the order stated:

                            Small Mesh Area 2                           
                              [May 1-May 31]                            
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
SM18.............................  43 deg.00.0'        69 deg.41.6'     
SM15.............................  42 deg.49.5'        69 deg.40'       
SM16.............................  42 deg.41.5'        69 deg.40'       
SM17.............................  42 deg.36.6'        69 deg.55'       
SM19.............................  43 deg.00.0'        69 deg.55'       
SM18.............................  43 deg.00.0'        69 deg.41.6'     
------------------------------------------------------------------------


[[Page 15331]]

    (iii) The portion of Small Mesh Area 2 that is south of 
43 deg.00.0' N. lat. shall be closed to all fishing during the period 
April 1 through April 30 to coincide with the Inshore Closure Area II 
specified in Sec. 648.81(g)(1)(ii). Therefore, during the April 1 
through April 30 time period, Small Mesh Area 2 is defined by straight 
lines connecting the following points in the order stated:

                            Small Mesh Area 2                           
                           [April 1-April 30]                           
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
SM18.............................  43 deg.00.0'        69 deg.41.6'     
SM14.............................  43 deg.10.1'        69 deg.43.3'     
SM13.............................  43 deg.05.6'        69 deg.55'       
SM19.............................  43 deg.00.0'        69 deg.55'       
SM18.............................  43 deg.00.0'        69 deg.41.6'     
------------------------------------------------------------------------

    (iv) Raised footrope trawl. Vessels fishing with trawl gear must 
configure it in such a way that, when towed, the gear is not in contact 
with the ocean bottom. Vessels are presumed to be fishing in such a 
manner if their trawl gear is designed as specified in paragraphs 
(a)(8)(iv) (A) through (D) of this section and is towed so that it does 
not come into contact with the ocean bottom:
    (A) Eight inch (20.3 cm) diameter floats must be attached to the 
entire length of the headrope with a maximum spacing of 4 feet (12.2 
cm) between floats;
    (B) The ground gear must all be bare wire not larger than \1/2\-
inch (1.2 cm) for the top leg, not larger than \5/8\-inch (1.6 cm) for 
the bottom leg, and not larger than \3/4\-inch (1.9 cm) for the ground 
cables. The top and bottom legs must be equal in length with no 
extensions. The total length of ground cables and legs must not be 
greater than 40 fathoms from the doors to wingends;
    (C) The footrope must be longer than the headrope but not more than 
20 feet (6.1 m) longer than the length of the headrope; and
    (D) The sweep must be rigged so it is behind and below the 
footrope, and the footrope is off the bottom. This is accomplished by 
having the sweep longer than the footrope and having long dropper 
chains attaching the sweep to the footrope at regular intervals. The 
forward end of the sweep and footrope must be connected to the bottom 
leg at the same point, and in conjunction with the headrope floatation; 
this keeps the footrope off the bottom. The sweep and its rigging must 
be made entirely of \5/16\ inch (0.8 cm) diameter bare chain. No 
wrapping or cookies are allowed on the chain. The total length of the 
sweep must be at least 7 feet (2.1 m) longer than the total length of 
the footrope, or 3.5 feet (1.1 m) longer on each side. Drop chains must 
connect the footrope to the sweep chain and the length of each drop 
chain must be at least 42 inches (106.7 cm). One drop chain must be 
hung from the center of the footrope to the center of the sweep and one 
drop chain must be hung from each corner (the quarter or, the junction 
of the bottom wing to the belly at the footrope). The attachment points 
of each drop chain on the sweep and the footrope must be the same 
distance from the center drop chain attachments. Drop chains must be 
hung at 8-foot (2.4 m) intervals from the corners towards the wing 
ends. The distance of the drop chain that is nearest the wing end to 
the end of the footrope may differ from net to net. However, the sweep 
must be at least 3.5 feet (1.1 m) longer than the footrope between the 
drop chain closest to the wing ends and the end of the sweep that 
attaches to the wing end.
* * * * *
    5. In Sec. 648.81, paragraphs (d), (g), (h) and (i) are revised, 
and paragraph (n) is added to read as follows:


Sec. 648.81  Closed areas.

* * * * *
    (d) Transiting. Vessels may transit Closed Area I, the Nantucket 
Lightship Closed Area, the NE Closure Area, the GOM Inshore Closure 
Areas, the Cashes Ledge Closure Area, and the Western GOM Closure Area, 
as defined in paragraphs (a)(1), (c)(1), (f)(1), (g)(1), (h)(1), and 
(i)(1), respectively, of this section, provided that their gear is 
stowed in accordance with the provisions of paragraph (e) of this 
section.
* * * * *
    (g) GOM Inshore Closure Areas. (1) From May 1, 1998, through April 
30, 2001, no fishing vessel or person on a fishing vessel may enter, 
fish in, or be in, and no fishing gear capable of catching 
multispecies, unless otherwise allowed in this part, may be in, or on 
board a vessel in, the GOM Inshore Closure Areas I through IV, as 
described in paragraphs (g)(1)(i) through (iv) of this section, for the 
times specified in those paragraphs, except as specified in paragraphs 
(d) and (g)(2) of this section (a chart depicting these areas is 
available from the Regional Administrator upon request (see Table 1 to 
Sec. 600.502)).
    (i) Inshore Closure Area I. From March 1 through March 31, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Inshore Closure Area I apply to Inshore Closure Area III, which is the 
area bounded by straight lines connecting the following points in the 
order stated:

                         Inshore Closure Area I                         
                           [March 1-March 31]                           
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
GM1..............................  42 deg.00'          (\1\)            
GM2..............................  42 deg.00'          (\2\)            
GM3..............................  42 deg.00'          (\3\)            
GM4..............................  42 deg.00'          70 deg.00'       
GM5..............................  42 deg.30'          70 deg.00'       
GM6..............................  42 deg.30'          (\1\)            
------------------------------------------------------------------------
\1\ Massachusetts shoreline.                                            
\2\ Cape Cod shoreline on Cape Cod Bay.                                 
\3\ Cape Cod shoreline on the Atlantic Ocean.                           

    (ii) Inshore Closure Area II. From April 1 through April 30, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Inshore Closure Area II, which is the area bounded by straight lines 
connecting the following points in the order stated:

                         Inshore Closure Area II                        
                           [April 1-April 30]                           
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
GM6..............................  42 deg.30'          (\1\)            
GM7..............................  42 deg.30'          69 deg.30'       
GM8..............................  43 deg.00'          69 deg.30'       
GM9..............................  43 deg.00'          (\2\)            
------------------------------------------------------------------------
\1\ Massachusetts shoreline.                                            
\2\ New Hampshire shoreline.                                            

    (iii) Inshore Closure Area III. From May 1 through May 31, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Inshore Closure Area III, which is the area bounded by straight lines 
connecting the following points in the order stated:

                        Inshore Closure Area III                        
                             [May 1-May 31]                             
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
GM9..............................  43 deg.00'          (\1\)            
GM8..............................  43 deg.00'          69 deg.30'       
GM10.............................  43 deg.30'          69 deg.30'       
GM11.............................  43 deg.30'          (\2\)            
------------------------------------------------------------------------
\1\ New Hampshire shoreline.                                            
\2\ Maine shoreline.                                                    

    (iv) Inshore Closure Area IV. From June 1 through June 30, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Inshore Closure Area IV (copies of a chart depicting this area are 
available from the Regional Administrator upon request (see Table 1 to 
Sec. 600.502)), which is the area bounded by straight lines connecting 
the following points in the order stated:

[[Page 15332]]



                         Inshore Closure Area IV                        
                            [June 1-June 30]                            
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
GM11.............................  43 deg.30'          (\1\)            
GM12.............................  43 deg.30'          69 deg.00'       
GM13.............................  (\1\)               69 deg.00'       
------------------------------------------------------------------------
\1\ Maine shoreline.                                                    

    (2) Paragraph (g)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraph 
(f)(2)(i), (ii), or (iii) of this section.
    (h) Cashes Ledge Closure Area. (1) From May 1, 1998, through April 
30, 2001, during the period June 1 through June 30, no fishing vessel 
or person on a fishing vessel may enter, fish, or be in, and no fishing 
gear capable of catching NE multispecies, unless otherwise allowed in 
this part, may be in, or on board a vessel in, the area known as the 
Cashes Ledge Closure Area (a chart depicting this area is available 
from the Regional Administrator upon request (see Table 1 to 
Sec. 600.502)), as defined by straight lines connecting the following 
points in the order stated, except as specified in paragraphs (d) and 
(h)(2) of this section:

                        Cashes Ledge Closure Area                       
                            [June 1-June 30]                            
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
GM14.............................  42 deg.30'          69 deg.00'       
GM15.............................  42 deg.30'          68 deg.30'       
GM16.............................  43 deg.00'          68 deg.30'       
GM17.............................  43 deg.00'          69 deg.00'       
GM14.............................  42 deg.30'          69 deg.00'       
------------------------------------------------------------------------

    (2) Paragraph (h)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraph 
(f)(2)(ii), or (iii) of this section.
    (i) Western GOM Area Closure. (1) From May 1, 1998, through April 
30, 2001, no fishing vessel or person on a fishing vessel may enter, 
fish in, or be in, and no fishing gear capable of catching 
multispecies, unless otherwise allowed in this part, may be in, or on 
board a vessel in, the area known as the Western GOM Area Closure (a 
chart depicting this area is available from the Regional Administrator 
upon request (see Table 1 to Sec. 600.502)), as defined by straight 
lines connecting the following points in the order stated, except as 
specified in paragraphs (d) and (i)(2) of this section:

                        Western GOM Area Closure                        
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
WGM1.............................  42 deg.15'          70 deg.15'       
WGM2.............................  42 deg.15'          69 deg.55'       
WGM3.............................  43 deg.15'          69 deg.55'       
WGM4.............................  43 deg.15'          70 deg.15'       
WGM1.............................  42 deg.15'          70 deg.15'       
------------------------------------------------------------------------

    (2) Paragraph (i)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraph 
(f)(2)(ii), or (iii) of this section.
* * * * *
    (n) Area closures beginning May 1, 2001. (1) No fishing vessel or 
person on a fishing vessel may enter, fish, or be in, and no fishing 
gear capable of catching NE multispecies, unless otherwise allowed in 
this part, may be in, or on board a vessel in, the area known as the 
Mid-coast Closure Area, as described in Sec. 648.87(a)(1), during the 
period May 10 through May 30, or in the area known as the Massachusetts 
Bay Closure Area, as described in Sec. 648.87(a)(3), during the period 
March 1 through March 30, (copies of a chart depicting these areas is 
available from the Regional Administrator upon request (see Table 1 to 
Sec. 600.502)), except as specified in paragraphs (d) and (n)(2) of 
this section.
    (2) Paragraph (n)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraph 
(f)(2)(i), (ii), or (iii) of this section.
    6. In Sec. 648.86, paragraphs (a)(1)(i), (a)(1)(ii), (b) 
introductory text, (b)(1) introductory text, (b)(1)(i), (b)(1)(ii), and 
(b)(3) are revised, and paragraphs (a)(1)(iii) and (b)(4) are added to 
read as follows:


Sec. 648.86  Possession restrictions.

    (a) * * *
    (1) * * *
    (i) Except as provided in paragraphs (a)(1)(ii) and (iii) 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) During the period May 1, 1998, through August 31, 1998, a 
vessel may land up to 1,000 lb (453.6 kg) of haddock per DAS fished, or 
any part of a DAS fished, up to 10,000 lb (4,536.0 kg) per trip. 
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.
    (iii) Beginning September 1, 1998, through April 30, 1999, unless 
otherwise specified in this paragraph, a vessel may land up to 3,000 lb 
(1,360.8 kg) of haddock per DAS fished, or any part of a DAS fished, up 
to 30,000 lb (13,608 kg) per trip. When the Regional Administrator 
projects that 7.9 million lb (3,598 mt) will be harvested, NMFS will 
publish a notification in the Federal Register that on a specific date 
the limit will be reduced to either the 1,000 lb (453.6 kg) per trip 
possession limit restriction specified in paragraph (a)(1)(i) of this 
section, or the 1,000 lb (453.6 kg) per DAS fished, 10,000 lb (4,536.0 
kg) maximum, landing limit restriction specified in paragraph 
(a)(1)(ii) of this section, depending on the risk of exceeding the 
target TAC. 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.
* * * * *
    (b) Cod--(1) Landing limit from May 1, 1998, through April 30, 
2001. (i) Except as provided in paragraph (b)(1)(ii) and (b)(2) of this 
section, and subject to the cod landing limit call-in provision 
specified at Sec. 648.10(f)(3)(i), a vessel fishing under a NE 
multispecies DAS may land up to 700 lb (317.5 kg) of cod per DAS, or 
any part of a DAS, unless otherwise specified in this paragraph. 
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 700 lb (317.5 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 1,400 lb (635.0 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)). When the Regional Administrator 
projects that 892 mt will be harvested, NMFS will publish a 
notification in the Federal Register that on a specific date the limit 
will be reduced to a specified amount between 400 lb (181.4 kg) and 700 
lb (317.5 kg) per DAS depending on the risk of exceeding the target 
TAC. 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

[[Page 15333]]

paragraphs (b)(1)(i) and (b)(1)(3) of this section, and subject to the 
cod landing 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:
* * * * *
    (3) Landing limit beginning May 1, 2001. (i) Except as provided in 
paragraphs (b)(1)(ii) and (b)(2) of this section, and subject to the 
cod landing 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 DAS of a trip, and may land up to 1,500 lb (680.4 kg) of cod per DAS 
for each DAS, or any part of a DAS, in excess of 4 consecutive DAS. 
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), or 1,500 lb (680.4 
kg) if applicable, 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) [Reserved].
    (4) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraphs (b)(1) and (b)(3) 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) 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.
* * * * *
    7. In Sec. 648.87, paragraph (a) introductory text, and paragraphs 
(a)(1)(i) and (a)(1)(ii) are revised, and paragraph (a)(3) is added to 
read as follows:


Sec. 648.87  Gillnet requirements to reduce or prevent marine mammal 
takes.

    (a) Areas closed to gillnet gear capable of catching multispecies 
to reduce harbor porpoise takes. Section 648.81(f) sets forth a closed 
area restriction to reduce the take of harbor porpoise consistent with 
the harbor porpoise mortality reduction goals. Further, all persons 
owning or operating vessels in the EEZ portion of the areas and times 
specified in paragraphs (a)(1), (2) and (3) of this section must remove 
all of their sink gillnet gear and other gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnets 
(as described in Sec. 648.81(f)(2)(ii)), and may not use, set, haul 
back, fish with, or possess on board, unless stowed in accordance with 
the requirements of Sec. 648.81(e)(4), sink gillnet gear or other 
gillnet gear capable of catching multispecies, with the exception of 
single pelagic gillnet gear (as described in Sec. 648.81(f)(2)(ii)) in 
the EEZ portion of the areas and for the times specified in paragraphs 
(a)(1), (2) and (3) of this section. Also, all persons owning or 
operating vessels issued a limited access multispecies permit must 
remove all of their sink gillnet gear and other gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnets 
(as described in Sec. 648.81(f)(2)(ii)), from the areas and for the 
times specified in paragraphs (a)(1), (2) and (3) of this section, and, 
may not use, set, haul back, fish with, or possess on board, unless 
stowed in accordance with the requirements of Sec. 648.81(e)(4), sink 
gillnets or other gillnet gear capable of catching multispecies, with 
the exception of single pelagic gillnets (as described in 
Sec. 648.81(f)(2)(ii)) in the areas and for the times specified in 
paragraphs (a)(1), (2) and (3) of this section.
    (1) * * *
    (i) From March 25 through April 25, May 10 through May 30, and from 
September 15 through December 31 of each fishing year, the restrictions 
and requirements specified in paragraph (a) of this section apply to 
the Mid-coast Closure Area (copies of a chart depicting this area are 
available from the Regional Administrator upon request), except as 
provided in paragraph (a)(1)(ii) of this section, which is the area 
bounded by straight lines connecting the following points in the order 
stated.

                         Mid-Coast Closure Area                         
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
MC1..............................  42 deg.30'          (\1\)'           
MC2..............................  42 deg.30'          70 deg.15'       
MC3..............................  42 deg.40'          70 deg.15'       
MC4..............................  42 deg.40'          70 deg.00'       
MC5..............................  43 deg.00'          70 deg.00'       
MC6..............................  43 deg.00'          69 deg.30'       
MC7..............................  43 deg.15'          69 deg.30'       
MC8..............................  43 deg.15'          69 deg.00'       
MC9..............................  (\2\)               69 deg.00'       
------------------------------------------------------------------------
\1\ Massachusetts shoreline.                                            
\2\ Maine shoreline.                                                    

    (ii) Vessels subject to the restrictions and regulations specified 
in paragraph (a) of this section may fish in the Mid-coast Closure 
Area, as defined under paragraph (a)(1)(i) of this section, from 
November 1 through December 31 of each fishing year, provided that an 
acoustic deterrent device (``pinger'') is attached at the end of each 
string of nets and at the bridle of every net within a string of nets, 
and is maintained as operational and functioning. Each pinger, when 
immersed in water, must broadcast a 10kHz +/-2kHz sound at 132 dB +/
-4dB re 1 micropascal at 1 m. This sound must last 300 milliseconds and 
repeat every 4 seconds.
* * * * *
    (3) Massachusetts Bay Closure Area. From March 1 through March 30, 
the restrictions and requirements specified in paragraph (a) of this 
section apply to the Massachusetts Bay Closure Area (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request (see Table 1 to Sec. 600.502)), which is the area bounded by 
straight lines connecting the following points in the order stated.

                     Massachusetts Bay Closure Area                     
------------------------------------------------------------------------
              Point                      N. lat.            W. long.    
------------------------------------------------------------------------
MB1..............................  42 deg.30'          (\1\)            
MB2..............................  42 deg.30'          70 deg.30'       
MB3..............................  42 deg.12'          70 deg.30'       
MB4..............................  42 deg.12'          70 deg.00'       
MB5..............................  (\2\)               70 deg.00'       
MB6..............................  42 deg.00'          (\2\)            
MB7..............................  42 deg.00'          (\1\)            
------------------------------------------------------------------------
\1\ Massachusetts shoreline.                                            
\2\ Cape Cod shoreline.                                                 

* * * * *
[FR Doc. 98-8288 Filed 3-30-98; 8:45 am]
BILLING CODE 3510-22-P