[Federal Register Volume 64, Number 59 (Monday, March 29, 1999)]
[Proposed Rules]
[Pages 14846-14856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7655]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 990318076-9076-01; I.D. 030599A]
RIN 0648-AL72


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 27

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

ACTION: Proposed 1999 target total allowable catch (TAC) levels and 
management measures; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement measures contained 
in Framework 27 to the Northeast Multispecies Fishery Management Plan 
(FMP). This action is necessary to address overfishing of several 
stocks, in particular Gulf of Maine (GOM) cod, and to achieve the 
rebuilding goals of the FMP for the 1999 multispecies fishing year. The 
primary management measures proposed in Framework 27 would establish 
GOM Rolling Closures of greater size and duration than the current GOM 
Inshore Closure Areas, reconfigure and increase the duration of the 
Cashes Ledge Closure Area, reduce the GOM cod trip limit to 200 lb/day

[[Page 14847]]

(90.7 kg/day), modify the haddock trip limit, increase the minimum 
square-mesh size to 6.5 inches (16.51 cm) for the Gulf of Maine/Georges 
Bank and Southern New England (SNE) Regulated Mesh Areas, and limit the 
diameter of roller and rockhopper gear to 12 inches (30.48 cm) in a 
designated GOM inshore area. Framework 27 also proposes a mechanism 
that would allow the Regional Administrator, Northeast Region, NMFS 
(Regional Administrator) to reduce the GOM cod landing limit to between 
5 and 100 lbs (2.3 and 45.3 kg) when 30 percent of the Fmax GOM cod 
target TAC (402 mt) is harvested, depending upon the risk of exceeding 
the target TAC.

DATES: Comments must be received on or before April 13, 1999.

ADDRESSES: Comments on this proposed rule should be sent to Jon C. 
Rittgers, Acting Regional Administrator, Northeast Region, NMFS, 1 
Blackburn Drive, Gloucester, MA 01930. Mark the outside of the 
envelope, ``Comments on Proposed Rule for Multispecies Framework 
Adjustment 27.''
    Copies of Framework Adjustment 27, its Environmental Assessment, 
Regulatory Impact Review (RIR), and Initial Regulatory Flexibility 
Analysis (IRFA) are available on request from Paul J. Howard, Executive 
Director, New England Fishery Management Council, 5 Broadway, Saugus, 
MA 01906.
    Comments regarding the collection-of-information requirements 
contained in this proposed rule should be sent to Jon Rittgers, Acting 
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 (OMB), Washington, 
DC 20503 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Richard A. Pearson, Fishery Policy 
Analyst, 978-281-9279.

SUPPLEMENTARY INFORMATION: Amendment 7, which became effective on July 
1, 1996, established a procedure for setting annual target TACs for the 
five primary stocks of cod, haddock, and yellowtail flounder (Georges 
Bank (GB) cod, GB haddock, GB yellowtail flounder, SNE yellowtail 
flounder, and GOM cod) and an aggregate TAC for the combined stocks of 
the other regulated multispecies, which are simultaneously managed 
under the FMP. A Multispecies Monitoring Committee (MSMC) was 
established to annually review the best available scientific 
information, adjust target TACs, and recommend management options to 
achieve plan objectives for the regulated multispecies. The MSMC annual 
review provides a process to evaluate the effectiveness of the 
multispecies management program and to make determinations on the need 
for annual adjustments to the program. Adjustments of the target TACs 
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.
    Prior to the submission of the MSMC Report which contains advice 
for the 1999 fishing year, the New England Fishery Management Council 
(Council) received the results of the 27th Stock Assessment Workshop 
(SAW 27, 1998). SAW 27 indicated that the GOM cod stock is collapsing. 
The stock remains overexploited, recruitment continues to be at record 
low levels, spawning stock biomass is projected to decline to the 
lowest level ever observed, and total biomass has declined to an 
extremely low level. In response, the Council developed Framework 
Adjustment 26 that implemented additional GOM closures during the 
months of February, March, and April 1999 to provide protection to GOM 
cod during spawning aggregations (64 FR 2601, January 15, 1999). The 
MSMC report containing advice for the 1999 fishing year was presented 
at the December 9-10, 1998, Council meeting. It concluded that, at 
0.82, the fishing mortality rate for GOM cod continues to be well above 
the overfishing definition of F20 (0.37) and the 
Amendment 7 mortality target of Fmax (0.29). In fact, the 
TAC associated with Fmax (0.29) was exceeded in 1996 and in 
each year thereafter. In 1998, preliminary data indicates that 4,075 mt 
of GOM cod was landed against a TAC of 1,783 mt. Due to the critical 
condition of GOM cod, the Council voted that a more precautionary 
approach should be employed in establishing annual measures. Therefore, 
the Council adopted management measures in Framework 27 using 
F0.1 (0.16) as a precautionary benchmark for GOM cod to 
ensure that the Fmax mortality objective was not exceeded. 
Considering 1998 landings, the MSMC estimated that for this stock, a 
reduction in F of 56.2 percent is necessary to achieve Fmax 
in the 1999 fishing year (i.e., ensure that Fmax is not 
exceeded), and a reduction of 72.5 percent would be needed to achieve 
the more precautionary F0.1 benchmark. A 21.9-percent 
reduction is necessary to achieve the F0.1 objective for GB 
cod. The MSMC report also noted that stock status has improved for GB 
haddock, GB yellowtail flounder, and SNE yellowtail flounder, in part 
because the most recent annual fishing mortalities for these three 
stocks were below the Amendment 7 overfishing thresholds.
    Based on projected 1999 stock sizes and Amendment 7's fishing 
mortality targets, the target TACs for the 1999 fishing year were 
proposed by the MSMC as follows:

------------------------------------------------------------------------
                                                       1999       1998
                                                      target     target
                   Species/area                        TACs       TACs
                                                     (metric    (metric
                                                      tons)      tons)
------------------------------------------------------------------------
Georges Bank cod..................................      5,354      4,700
Georges Bank haddock..............................      5,600      4,797
Georges Bank yellowtail flounder..................      2,725      2,145
Southern New England yellowtail flounder..........      1,115        814
Gulf of Maine cod (FMAX)..........................      1,340      1,783
Gulf of Maine cod (F0.1)..........................        782      1,783
Aggregate for remaining regulated species.........     25,500     25,500
------------------------------------------------------------------------

    In addition to recommending the target TACs, the MSMC report also 
provided the Council with six specific management options to keep the 
target TACs from being exceeded. These options were based on DAS 
reductions, trip limits, and area closures in various combinations. 
Five other management proposals were submitted to the Council by state 
or industry representatives for initial consideration for Framework 27.
    The framework process requires the Council, when making 
specifically allowed adjustments to the FMP, to

[[Page 14848]]

develop and analyze the actions over the span of at least two Council 
meetings, where comments are accepted. The Council must provide the 
public with advance notice of both the framework proposals and the 
associated analysis, and provide an opportunity to comment on them 
specifically prior to and at the second Council meeting.
    At the initial Framework Adjustment 27 meeting on December 10, 
1998, the Council narrowed its management options to three. Two of the 
three options were industry proposals (prepared by the Gulf of Maine 
Fishermen's Alliance (GOMFA) and the Maine Department of Marine 
Resources (MDMR)), while the third was an MSMC option. The two industry 
proposals contained management measures that would affect different 
sectors of the GOM cod fishery in different ways. The GOMFA proposal 
incorporated larger geographic area closures of shorter duration 
extending eastward to the Hague Line and days-at-sea (DAS) reductions. 
The MDMR proposal contained smaller geographic closures of longer 
duration, which were chosen on the basis of historical cod landings and 
were predominantly in inshore areas. Both proposals also contained gear 
modifications and other measures.
    The Council charged its Multispecies Oversight Committee 
(Committee) to consider each option individually based upon its ability 
to meet the precautionary F0.1 GOM cod benchmark. The MSMC option was 
chosen as a ``fall-back'' option because it had already been determined 
to meet the F0.1 benchmark.
    The Committee met in December 1998 to discuss the three options. 
Representatives from GOMFA and MDMR were available at this meeting to 
clarify any questions regarding the proposals. After the Committee 
meeting, the Multispecies Plan Development Team met on January 6, 1999, 
to prepare the biological and economic analyses for the GOMFA and MDMR 
proposals.
    The analyses for the GOMFA and MDMR proposals were available for 
the January 26, 1999, Committee meeting. The analyses indicated that 
both proposals achieved the F0.1 GOM cod benchmark if 
combined with very low daily trip limits of 100-200 lb/day (45.3-90.7 
kg/day). Because each proposal would affect different sectors of the 
fishery in different ways, the Committee was able to select neither one 
of the industry proposals as the Preferred Alternative. Similarly, a 
meeting of the Multispecies Industry Advisors, which had met the 
previous day, was evenly divided between the two proposals. The 
Committee recommended modifications to both proposals, and recommended 
that the Council consider these modified proposals, along with the 
initial MDMR plan for adoption.
    The full Council met on January 28, 1999, to conduct the second and 
final meeting for Framework Adjustment 27. After a presentation of the 
latest stock assessment results (SAW 28) and after hearing public 
comments, the Council conducted a lengthy deliberation and ultimately 
approved a composite set of management measures for the GOM containing 
elements from both industry proposals, as well as the 200 lb/day (90.7 
kg/day) GOM cod trip limit from the MSMC proposal.
    Because the proposed measures differ from the options which had 
been analyzed for the Council's January 28, 1999, meeting, the Council 
requested publication of a proposed rule to solicit additional public 
comments. Because the public was notified of opportunities to comment 
throughout the multispecies framework process, the comment period is 
limited to 15 days.
    The primary management measures in Framework 27 would establish GOM 
Rolling Closures of greater size and duration than the current GOM 
Inshore Closure Areas and reconfigure and increase the duration of the 
Cashes Ledge Closure Area. Framework 27 also reduces the GOM cod trip 
limit from 400 lb/day (181.4 kg/day) to 200 lb/day (90.7 kg/day). To 
further guard against exceeding the target TAC for GOM cod, Framework 
27 would allow the Regional Administrator to reduce the GOM cod landing 
limit to between 5 and 100 lb (2.3 and 45.3 kg) when 30 percent of the 
Fmax GOM cod TAC (402 mt in 1999) is harvested, depending 
upon the risk of exceeding the target TAC. This framework action also 
proposes a minimum square-mesh size increase from 6 inches (15.24 cm) 
to 6.5 inches (16.51 cm) for the GOM/GB and SNE Regulated Mesh Areas, 
to provide escape for juvenile GB cod and flatfish species.
    The analysis conducted by the Northeast Fisheries Science Center of 
NMFS shows that the proposed closures and GOM cod trip limit contained 
in Framework 27 would meet the Amendment 7 Fmax mortality 
reduction goal for that stock, because the precautionary 
F0.1 benchmark is used.

Summary of Approved Measures

    In summary, the proposed management measures in Framework 27 would 
do the following: (1) Replace the current GOM Inshore Closure Areas 
with larger and longer GOM Rolling Closure Areas; (2) reconfigure the 
area and increase the duration of the Cashes Ledge Closure Area; (3) 
maintain the current year-round Western GOM Closure Area; (4) eliminate 
the 1-month NE Closure Area; (5) exempt scallop dredge gear from the 
GOM Rolling Closure Areas and Cashes Ledge Closure Area; (6) reduce the 
daily GOM cod landing limit to 200 lb/day (90.7 kg/day); (7) authorize 
the Regional Administrator to reduce the GOM cod trip limit to between 
5 and 100 lb (2.3-45.3 kg), when 30 percent of the GOM cod 
FMAX target TAC is caught; (8) change the haddock trip daily 
limit to 2,000 lb/day (907.2 kg/day) with a 20,000-lb (9071.8-kg) trip 
limit, and authorize the Regional Administrator to adjust the haddock 
limit up or down based upon the likelihood of reaching the target TAC; 
(9) increase the minimum square-mesh size from 6 inches (15.24 cm) to 
6.5 inches (16.51 cm) in the GOM/GB and SNE Regulated Mesh Areas; (10) 
eliminate the mesh restrictions in the Stellwagen Bank and Jeffreys 
Ledge Juvenile Protection Area; (11) limit the size of roller and 
rockhopper gear to a maximum diameter of 12 inches (30.48 cm) in a 
defined GOM inshore area; and (12) clarify the method of calculating 
the weight of fish parts, such as fillets and headed fish, for purposes 
of possession limits. In addition, this framework codifies a method of 
on-reel net stowage for vessels transiting the GOM Closure Areas. These 
measures are described in the following sections.

Area Closures and Exemptions

    The closures proposed by Framework 27 would modify current GOM 
Inshore Closure Areas (now referred to as the GOM Rolling Closure 
Areas) by increasing their geographic size, primarily eastward and by 
increasing their duration from 1 to 2 months. In addition, this 
framework action would change the configuration and increase the 
duration (from 1 month to 4 months) of the Cashes Ledge Closure Area, 
add an additional 2-month closure encompassing portions of 
Massachusetts Bay from October 1 to November 30, and eliminate the 1-
month multispecies Northeast Closure Area. The framework would maintain 
the existing year-round Western GOM Closure comprising parts of 
Stellwagen Bank, Jeffreys Ledge, and Wildcat Knoll. Exemptions to the 
GOM Rolling Closure Areas and Cashes Ledge Closure Area would remain 
the same, except that scallop dredge gear is proposed to be exempted 
gear in the newly closed areas when fishing under a scallop DAS or 
participating in the Scallop Dredge Fishery Exemption Area, provided 
that a vessel does not retain

[[Page 14849]]

any regulated multispecies during any part of a trip. At its February 
meeting, the Council clarified that ``newly closed areas'' refer only 
to the Rolling Closure Areas specified in Framework 27, as well as the 
Cashes Ledge Closure Area. It does not refer to Closed Areas I and II, 
the Nantucket Lightship Closed Area and the Western GOM Area Closure. 
Vessels may transit through any of the GOM Inshore Closure Areas, 
provided gear is stowed properly according to the regulations. This 
framework would also codify an additional method of on-reel net stowage 
for vessels transiting the GOM Rolling Closure Areas. For these areas, 
the requirement to remove the codend has been eliminated, provided that 
other requirements are met, including that the net is entirely covered, 
the towing wires are detached, and no containment rope or codend 
tripping device is attached to the codend.

GOM Cod Landing Limit

    This action would reduce the GOM cod landing limit at the start of 
the fishing year to 200 lb/day (90.7 kg/day), or any part of a DAS. For 
instance, 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 400 lb 
(181.4 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). As is currently the case, however, vessels may allow 
their DAS clock to run in order to account for any cod overages, 
provided they report their hail weight to the Regional Administrator, 
as described in the multispecies regulations. When 30 percent of the 
GOM cod FMAX TAC (886,000 lb (402 mt), in 1999) is landed, 
the Regional Administrator could reduce the trip limit to an amount in 
the range of between 5 lb (2.3 kg) and 100 lb (45.3 kg), depending upon 
an evaluation of the risk of exceeding the target TAC.

Haddock Landing Limit

    This proposed action would change the haddock landing limit to 
2,000 lb (907.2 kg) per day, or any part of a DAS, up to 20,000 lb 
(9071.8 kg) per trip. When 75 percent of the target TAC for Georges 
Bank haddock for the 1999 fishing year is reached (9.3 million lb 
(4,200 mt)), the Regional Administrator is authorized to reduce the 
trip limit either to a 1,000 lb (453.6 kg) per trip possession limit 
restriction, or to a landing limit restriction of 1,000 lb/day (453.6 
kg/day), with a 10,000 lb (4536.0 kg ) maximum per trip, based on a 
determination of the risk of exceeding the target TAC. Beginning 
October 1, 1999, if the Regional Administrator projects that less than 
75 percent of the target TAC will be harvested by April 30, 2000, NMFS 
may publish a notification in the Federal Register that, on a specific 
date, the limit shall be increased to an amount that the Regional 
Administrator projects will be sufficient to allow landings of at least 
9.3 million lb (4,200 mt) by April 30, 2000.

Gear Restrictions

    This proposed action contains two gear restrictions. The minimum 
square-mesh size for otter trawl vessels in the GOM/GB and SNE 
Regulated Mesh Areas would be increased from 6-inch (15.24 cm) square 
to 6.5-inch (16.51 cm) square. The diamond mesh size of 6 inches (15.24 
cm) would remain unchanged. Concurrent with this change, the 
requirement to use a 6-inch (15.24 cm) square mesh only, in the 
Stellwagen Bank/Jeffreys Ledge Juvenile Protection Area, would be 
eliminated.
    The other proposed gear restriction in this framework would limit 
the size of roller or rockhopper gear on trawl footropes to a maximum 
diameter of 12 inches (30.48 cm) within a newly established GOM/GB 
Inshore Restricted Roller Gear Area.

Calculation of the Weight of Fish Parts

    Possession limits for regulated multispecies would be determined on 
the basis of the weight of whole, whole-gutted, or gilled fish. To 
provide clarification, this action would specify that the weight of 
parts of fish (including fillets and headed fish) will be multiplied by 
three to equate to the weight of whole, whole-gutted, or gilled fish.

Other Measures

    This proposed rule also clarifies that measures concerning areas 
closed to gillnet gear to prevent right whale takes specified at 
Sec. 648.87(b) apply to limited access multispecies permit holders 
using gillnet gear in the entire area described at Sec. 648.87(b)(1) 
and (b)(2), including state waters.

Classification

    This proposed rule has been determined to be significant for the 
purposes of E.O. 12866.
    The Council prepared an IRFA that describes the impact of this 
proposed rule on small entities. It analyzed the impact of the measures 
(closed areas, trip limits, increased mesh size, restrictions on roller 
gear) on vessels. The analysis also examined impacts on dealers and 
processors. It initially concluded that the proposed action will have a 
significant economic impact on a substantial number of small entities.
    Based upon calendar year 1997, 1729 vessels held limited access 
multispecies permits. Of these vessels, 1287 actually participated in 
the multispecies fishery and, thereby, constitute the universe of 
vessels. Of these vessels, 601 (47 percent) would be impacted by the 
measures because they fished within one or more of the GOM rolling 
closures and/or would be affected by the proposed trip limits. Using 
estimated proportional reductions in gross revenues from 1997 (i.e., 
excluding measures enacted in fishing year 1998 by Frameworks 25 and 
26), 456 vessels out of a universe of 1287 vessels (35 percent) would 
be affected by a reduction in gross revenues of more than 5 percent as 
a result of Framework 27. When Framework 25 and 26 measures are 
included, 32 additional vessels are impacted by a reduction in gross 
revenues of more than 5 percent.
    The impact of the proposed measures on profitability and on the 
financial viability of vessels in the northeast multispecies fishery 
was also analyzed. Compared to the 1997 baseline, the cumulative 
profitability for the median vessel was estimated to decline 66 percent 
from $21,409 to $7,282. A total of 115 vessels were found to be 
operating below break even (i.e., zero profit) as a result of the 
combined measures implemented by Frameworks 25 and 26. Carrying those 
losses forward into Framework 27 and adding the accumulated debt under 
Frameworks 25, 26, and 27 result in a total of 155 vessels that were 
estimated to be below break-even profit. Therefore, 155 out of 1287 
vessels (12 percent), may not be able to maintain their economic 
viability and may be forced to cease their operations.
    In terms of absolute numbers, Framework 27 impacts the most vessels 
in Massachusetts (317) followed by Maine (82), New Hampshire (35), New 
York (7), and Rhode Island (1). As a proportion of total vessels in a 
state, New Hampshire had the highest proportion (90 percent) of 
impacted vessels, followed by Massachusetts (79 percent) and Maine (74 
percent).
    The economic impacts of the increase in square-mesh size are 
expected to be small because, with the elimination of the Stellwagen 
Bank/Jeffreys Ledge Juvenile Protection Area, vessels will still be 
able to use existing 6-inch (15.24-cm) diamond mesh wherever they fish, 
and the cost of 6.5-inch (16.51-cm) square mesh is likely to be

[[Page 14850]]

similar to that of 6-inch (15.24-cm) mesh.
    Depending upon current gear usage and fishing patterns, the 
requirement to use roller gear of a maximum 12-inch (30.48 cm) diameter 
in a defined GOM inshore area may result in vessels spending money on 
gear changes. The cost of gear changes is difficult to estimate because 
gear configurations vary by vessel and existing data are inadequate to 
determine gear usage at such a fine degree of resolution. However, if a 
vessel does have to purchase a new footrope with rollers, the onetime 
cost could range from $1,100 to $2,500.
    Compared to the 1997 baseline, 186 dealers were estimated to be 
affected by the Framework 27 measures. Using estimated proportional 
reductions in gross revenues from a 1997 baseline (i.e., excluding 
Frameworks 25 and 26), 77 dealers out of these 186 dealers (41 percent) 
would be affected by a reduction in gross revenues of more than 5 
percent as a result of Framework 27. When Framework 25 and 26 measures 
are included, 4 additional dealers are impacted by a reduction in gross 
revenues of more than 5 percent. However, dealers may have some 
flexibility by marketing alternative product lines or by obtaining 
product from alternative sources.
    The impacts of the Framework 27 measures on processors are 
difficult to predict because the extent to which domestic and foreign 
imports can adequately offset local supply shortages is unknown. 
Nevertheless, processors in Maine, Massachusetts, and New Hampshire who 
rely on a stable supply of fresh groundfish to meet demands will likely 
be disproportionately affected by Framework 27.
    Using a no-displacement model (i.e., vessels stop fishing and do 
not fish in other open areas), the decline in total revenues of the 
proposed action is estimated at $7.3 million. The impacts on net 
revenues (i.e., revenues minus costs), however, will be less than these 
levels since operating costs will also decline as effort is reduced by 
the closures under the no-displacement scenario. Assuming 50 percent 
displacement at 50 percent revenue per unit effort (i.e., 50 percent of 
vessels fish in other open areas and obtain 50 percent of the revenue 
they would have otherwise obtained in the closed area), the decline in 
total revenues of the proposed action is estimated at $5.5 million.
    The impacts of the alternatives that were analyzed for Framework 27 
are expected to be more severe than those of the proposed action, 
except for the GOMFA alternative. The proposed action considered these 
alternatives and their impacts, while attempting to reach the Amendment 
7 rebuilding goals and minimizing the negative impacts on the fishing 
industry, to the extent practicable.
    A copy of this analysis is available from the Council (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 Paperwork Reduction Act (PRA) unless that collection of information 
displays a currently valid OMB control number.
    This proposed rule clarifies collection-of-information requirements 
subject to the PRA and which have been cleared by OMB, under OMB 
control number 0648-0202. The estimated response times are as follows:
    1. Declaration of transit to another port under the exception to 
the cod landing 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. Reporting of cod catch on board and to be 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).
    3. The DAS call-in requirement for vessels under a DAS upon return 
to port (2 minutes/response).
    This proposed rule also clarifies collection-of-information 
requirements subject to the PRA and which have been cleared by OMB, 
under OMB control number 0648-0351. The estimated response time 
includes marking of pelagic gillnet (1 minute/net).
    The estimated response time includes the time needed for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding any of these burden 
estimates or any other aspect of the collection of information to NMFS 
and to OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 24, 1999.
Andrew A. Rosenberg,
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 definition for ``Gillnet gear capable of 
catching multispecies'' is revised, and the definition for ``Rockhopper 
and roller gear'' is added to read as follows:


Sec. 648.2  Definitions.

* * * * *
    Gillnet gear capable of catching multispecies means all gillnet 
gear except pelagic gillnet gear specified at Sec. 648.81(g)(2)(ii) and 
pelagic gillnet gear that is designed to fish for and is used to fish 
for or catch tunas, swordfish, and sharks.
* * * * *
    Rockhopper and roller gear means trawl gear configured with disks, 
rollers, or other similar shaped devices that are attached to the 
bottom belly of the trawl, contact the sea bottom, and that are 
designed to raise the bottom panel of the trawl off the ocean bottom so 
as to enable the gear to be fished on hard bottom.
* * * * *
    3. In Sec. 648.10, paragraph (f)(3)(ii) is revised to read as 
follows:


Sec. 648.10  DAS notification requirements.

* * * * *
    (f) * * *
    (3) * * *
    (ii) A vessel subject to the cod landing 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 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 in 
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), 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), and may not begin its next 
fishing trip until such time that the vessel has called-out of the 
multispecies DAS program to end its trip.
    4. In Sec. 648.14, paragraphs (a)(43), (a)(52), (a)(90), (a)(101), 
(a)(104), (a)(112), (c)(10), (c)(24) and (c)(25) are revised and 
(a)(114) is added to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *

[[Page 14851]]

    (43) Violate any of the provisions of Sec. 648.80, including 
paragraphs (a)(4), the Cultivator Shoals whiting fishery exemption 
area; (a)(8), Small Mesh Area 1/Small Mesh Area 2; (a)(9), the 
Nantucket Shoals dogfish fishery exemption area; (a)(11), the Nantucket 
Shoals mussel and sea urchin dredge exemption area; (a)(12), the GOM/GB 
monkfish gillnet exemption area; (a)(13), the GOM/GB dogfish gillnet 
exemption area; (b)(3), exemptions (small mesh); (b)(5), the SNE 
monkfish and skate trawl exemption area; (b)(6), the SNE monkfish and 
skate gillnet exemption area; (b)(7), the SNE dogfish gillnet exemption 
area; (b)(8), the SNE mussel and sea urchin dredge exemption area; or 
(b)(9), the SNE little tunny gillnet exemption area. A violation of any 
of these paragraphs is a separate violation.
* * * * *
    (52) Enter, be on a fishing vessel in, or fail to remove gear from 
the EEZ portion of the areas described in Sec. 648.81 (g)(1) through 
(i)(1) during the time periods specified, except as provided in 
Sec. 648.81(d), (g)(2), (h)(2) and (i)(2).
* * * * *
    (90) Use, set, haul back, fish with, possess on board a vessel, 
unless stowed in accordance with Sec. 648.81(e)(4), or fail to remove, 
sink gillnet gear and other gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(g)(2)(ii)), in the areas and for the times 
specified in Sec. 648.87(a) and (b), except as provided in 
Sec. 648.81(g)(2)(ii) and 648.87(a) and (b), or unless otherwise 
authorized in writing by the Regional Administrator.
* * * * *
    (101) Enter, fail to remove gear from, or be in the areas described 
in Sec. 648.81(g)(1) through (i)(1) during the time period specified, 
except as provided in Sec. 648.81(d), (g)(2), (h)(2), and (i)(2).
* * * * *
    (104) Fish for, harvest, possess, or land regulated species in or 
from the closed areas specified in Sec. 648.81(a), (b), (c), (g), (h), 
and (i), unless otherwise specified in Sec. 648.81(c)(2)(iii), 
(g)(2)(i), and (g)(2)(iii).
* * * * *
    (112) Fish for, harvest, possess, or land in or from the EEZ, when 
fishing with trawl gear, 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)(3)(ii) 
or (a)(8)(ii).
* * * * *
    (114) Fish for, harvest, possess, or land any species of fish in or 
from the GOM/GB Inshore Restricted Roller Gear Area described in 
Sec. 648.80(a)(2)(iv) with trawl gear where the diameter of any part of 
the trawl footrope, including discs, rollers or rockhoppers, is greater 
than 12 inches (30.48 cm).
* * * * *
    (c) * * *
    (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 (g)(2), and in Sec. 648.87(a)(1)(ii).
* * * * *
    (24) Enter port, while on a multispecies DAS trip, in possession of 
more than the allowable limit of cod specified in Sec. 648.86(b)(1)(i) 
without reporting the cod hail weight, unless the vessel is fishing 
under the cod exemption specified in Sec. 648.86(b)(2). Under no 
circumstances may such a trip exceed 14 days in length.
    (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).
* * * * *
    5. In Sec. 648.23, paragraph (b)(4) is revised and paragraph (b)(5) 
is added to read as follows:


Sec. 648.23  Gear restrictions.

* * * * *
    (b) * * *
    (4) On-reel stowage for vessels transiting the GOM Rolling Closure 
Areas. (i) The net is on a reel, and its entire surface is covered with 
canvas or other similar material that is securely bound;
    (ii) The towing wires are detached from the doors; and (iii) No 
containment rope, codend tripping device, or other mechanism to close 
off the codend is attached to the codend.
    (5) Other methods of stowage. Any other method of stowage 
authorized in writing by the Regional Administrator and subsequently 
published in the Federal Register.
* * * * *
    6. In Sec. 648.80, paragraphs (a)(2)(i), (a)(6)(i), (a)(8), (a)(10) 
introductory text, (a)(10)(i)(C), (a)(12) and (a)(13) introductory 
text, (b)(2)(i), (d)(2), (e)(2), (h), and (i)(8) are revised, paragraph 
(a)(5) is removed and reserved, and paragraph (a)(2)(iv) is added to 
read as follows:


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

* * * * *
    (a) * * *
    (2) * * *
    (i) Minimum mesh size. Except as provided in paragraphs (a)(2)(i) 
and (iii) of this section, and unless otherwise restricted under 
paragraph (a)(2)(ii) of this section, the minimum mesh size for any 
trawl net, sink gillnet, Scottish seine, midwater trawl, or purse seine 
on a vessel or used by a vessel fishing under a DAS in the NE 
multispecies DAS program in the GOM/GB Regulated Mesh Area is 6-inch 
(15.24-cm) diamond mesh or 6.5-inch (16.51 cm) square mesh throughout 
the entire net, or any combination thereof, provided the vessel 
complies with the requirements of paragraph (a)(iv) of this section. 
This restriction does not apply to nets or pieces of nets smaller than 
3 ft (0.9 m) x 3 ft (0.9 m), (9 ft 2 (0.81 m 2 )), or to vessels that 
have not been issued a multispecies permit and that are fishing 
exclusively in state waters.
* * * * *
    (iv) Rockhopper and roller gear restrictions. For all trawl vessels 
fishing in the GOM/GB Inshore Restricted Roller Gear Area, the diameter 
of any part of the trawl footrope, including discs, rollers, or 
rockhoppers, must not exceed 12 inches (30.48 cm). Any gear on a vessel 
that does not meet the specifications in this paragraph must be stowed 
and not available for immediate use in accordance with one of the 
methods specified in Sec. 648.23(b). The GOM/GB Inshore Restricted 
Roller Gear Area is defined by straight lines connecting the following 
points in the order stated:

                   Inshore Restricted Roller Gear Area
------------------------------------------------------------------------
        Point                 N. lat.                  W. long.
------------------------------------------------------------------------
GM1                    42 deg.00'             \1\
GM2                    42 deg.00'             \2\
GM3                    42 deg.00'             \3\
GM23                   42 deg.00'             69 deg.50'
GM24                   43 deg.00'             69 deg.50'
GM11                   43 deg.00'             70 deg.00'
GM17                   43 deg.30'             70 deg.00'
GM18                   43 deg.30'             \4\
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.

* * * * *
    (5) [Reserved]
    (6) * * * (i) Vessels fishing in the Small Mesh Northern Shrimp 
Fishery or the Small Mesh Area 1/Small Mesh Area 2 fishery, as 
specified in paragraphs (a)(3) and (a)(8) of this section, may transit 
through the Small Mesh Northern Shrimp Fishery Exemption Area as 
specified in paragraph (a)(3) of this section with nets

[[Page 14852]]

of mesh size smaller than the minimum mesh size specified in paragraph 
(a)(2) of this section, provided that the nets are stowed and not 
available for immediate use in accordance with one of the methods 
specified in Sec. 648.23(b).
* * * * *
    (8) Small Mesh Area 1/Small Mesh Area 2. (i) Unless otherwise 
prohibited in Sec. 648.81, 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)(ii) or (a)(3)(ii) 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. 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 of this chapter)):

                            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                   4 deg. 05.6'           69 deg.55.0'
------------------------------------------------------------------------

    (ii) 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)(ii)(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 at least 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. This attachment, in conjunction with the 
headrope flotation, 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 toward 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.
* * * * *
    (10) Scallop Dredge Fishery Exemption within the GOM Small Mesh 
Northern Shrimp Fishery Exemption Area. Unless otherwise prohibited in 
Sec. 648.81, vessels with a limited access scallop permit that have 
declared out of the DAS program as specified in Sec. 648.10, or have 
used up their DAS allocations, and vessels issued a general scallop 
permit, may fish in the GOM Small Mesh Northern Shrimp Fishery 
Exemption Area when not under a NE multispecies DAS providing the 
vessel complies with the requirements specified in paragraph (a)(10)(i) 
of this section. The GOM Scallop Dredge Fishery Exemption Area is the 
same as the area defined in paragraph (a)(3) of this section and 
designated as the Small Mesh Northern Shrimp Fishery Exemption Area.
    (i) * * *
    (C) The exemption does not apply to the Western GOM Area Closure 
specified in Sec. 648.81(i).
* * * * *
    (12) GOM/GB Monkfish Gillnet Exemption. Unless otherwise prohibited 
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish 
and Monkfish Gillnet Fishery Exemption Area when not under a NE 
multispecies DAS if the vessel complies with the requirements specified 
in paragraph (a)(12)(i) of this section. The GOM/GB Dogfish and 
Monkfish Gillnet Fishery Exemption Area is defined by straight lines 
connecting the following points in the order stated:


N. lat.                              W. long.
 
41 deg.35'                           70 deg.00'
42 deg.49.5'                         70 deg.00'
42 deg.49.5'                         69 deg.40'
43 deg.12'                           69 deg.00'
(\1\)                                69 deg.00'
 
(\1\) Due north to Maine shoreline.

* * * * *
    (13) GOM/GB Dogfish Gillnet Exemption. Unless otherwise prohibited 
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish 
and Monkfish Gillnet Fishery Exemption Area when not under a NE 
multispecies DAS if the vessel complies with the requirements specified 
in paragraph (a)(13)(i) of this section. The area coordinates of the 
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption

[[Page 14853]]

Area are specified in paragraph (a)(12) of this section.
* * * * *
    (b) * * *
    (2) * * *
    (i) Minimum mesh size. Except as provided in paragraphs (b)(2)(i) 
and (iii) of this section, and unless otherwise restricted under 
paragraph (b)(2)(ii) of this section, the minimum mesh size for any 
trawl net, sink gillnet, Scottish seine, purse seine or midwater trawl, 
not stowed and not available for immediate use in accordance with 
Sec. 648.23(b), by a vessel fishing under a DAS in the multispecies DAS 
program in the SNE regulated mesh area, is 6-inch (15.24-cm) diamond 
mesh or 6.5-inch (16.51 cm) square mesh throughout the entire net, or 
any combination thereof. This minimum mesh size restriction does not 
apply to vessels that have not been issued a multispecies permit and 
that are fishing exclusively in state waters.
* * * * *
    (d) * * *
    (2) When fishing under this exemption in the GOM/GB Regulated Mesh 
Area, and in the area described in Sec. 648.81(c)(1), the vessel has on 
board a letter of authorization issued by the Regional Administrator, 
and complies with all restrictions and conditions thereof.
* * * * *
    (e) * * *
    (2) When fishing under this exemption in the GOM/GB Regulated Mesh 
Area, the vessel has on board a letter of authorization issued by the 
Regional Administrator;
* * * * *
    (h) Scallop vessels. (1) Except as provided in paragraph (h)(2) of 
this section, a scallop vessel that possesses a limited access scallop 
permit and either a multispecies combination vessel permit or a scallop 
multispecies possession limit permit, and that is fishing under a 
scallop DAS allocated under Sec. 648.53, may possess and land up to 300 
lb (136.1 kg) of regulated species per trip, provided that the amount 
of cod on board does not exceed the daily cod limit specified in 
Sec. 648.86(a)(2) and (b), up to a maximum of 300 lb (136.1 kg) of cod 
for the entire trip, and provided the vessel has at least one standard 
tote on board.
    (2) Combination vessels fishing under a NE multispecies DAS are 
subject to the gear restrictions specified in Sec. 648.80 and may 
possess and land unlimited amounts of regulated species, unless 
otherwise restricted by Sec. 648.86(b). Such vessels may simultaneously 
fish under a scallop DAS.
    (i) * * *
    (8) The vessel does not fish for, possess, or land any species of 
fish other than winter flounder and the exempted small mesh species 
specified under paragraphs (a)(3)(i), (a)(8)(i), (b)(3), and (c)(3) of 
this section when fishing in the areas specified under paragraphs 
(a)(3), (a)(8), (b)(1), and (c)(1) of this section, respectively. 
Vessels fishing under this exemption in New York and Connecticut state 
waters may also possess and retain skate as incidental take in this 
fishery.
* * * * *
    7. In Sec. 648.81, paragraphs (d), (g), (h) and (i)(2) are revised, 
paragraph (f) is removed and reserved, and paragraphs (n) and (o) are 
removed to read as follows:


Sec. 648.81  Closed areas.

* * * * *
    (d) Transiting. Vessels may transit Closed Area I, the Nantucket 
Lightship Closed Area, the GOM Rolling 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.
* * * * *
    (f) [Reserved]
    (g) GOM Rolling Closure Areas. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, 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, GOM Rolling Closure Areas I 
through V, as described in paragraphs (g)(1)(i) through (v) 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 of this chapter)).
    (i) Rolling Closure Area I. From March 1 through March 31, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Rolling Closure Area I, which is the area bounded by straight lines 
connecting the following points in the order stated:

                         Rolling 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\)
GM5                    42 deg.00'             68 deg.30'
GM6                    42 deg.30'             68 deg.30'
GM9                    42 deg.30'             (\1\)
------------------------------------------------------------------------
(\1\) Massachusetts shoreline.
(\2\) Cape Cod shoreline on Cape Cod Bay.
(\3\) Cape Cod shoreline on the Atlantic Ocean.

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

                         Rolling Closure Area II
                           [April 1-April 30]
------------------------------------------------------------------------
        Point                 N. lat.                  W. long.
------------------------------------------------------------------------
GM1                    42 deg.00'             (\1\)
GM2                    42 deg.00'             (\2\)
GM3                    42 deg.00'             (\3\)
GM5                    42 deg.00'             68 deg.30'
GM13                   43 deg.00'             68 deg.30'
GM10                   43 deg.00'             (\4\)
------------------------------------------------------------------------
(\1\) Massachusetts shoreline.
(\2\) Cape Cod shoreline on Cape Cod Bay.
(\3\) Cape Cod shoreline on the Atlantic Ocean.
(\4\) New Hampshire shoreline.

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

                        Rolling Closure Area III
                             [May 1-May 31]
------------------------------------------------------------------------
        Point                 N. lat.                  W. long.
------------------------------------------------------------------------
GM9                    42 deg.30'             (\1\)
GM6                    42 deg.30'             68 deg.30'
GM14                   43 deg.30'             68 deg.30'
GM18                   43 deg.30'             (\2\)
------------------------------------------------------------------------
(\1\) Massachusetts shoreline.
(\2\) Maine shoreline.

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

[[Page 14854]]



                         Rolling Closure Area IV
                            [June 1-June 30]
------------------------------------------------------------------------
        Point                 N. lat.                  W. long.
------------------------------------------------------------------------
GM10                   43 deg.00'             (\1\)
GM11                   43 deg.00'             70 deg.00'
GM17                   43 deg.30'             70 deg.00'
GM19                   43 deg.30'             67 deg.32.0' or (\2\)
GM20                   44 deg.00'             67 deg.21.0' or (\2\)
GM21                   44 deg.00'             69 deg.00'
GM22                   (\3\)                  69 deg.00'
------------------------------------------------------------------------
(\1\) New Hampshire shoreline.
(\2\) U.S.-Canada maritime boundary.
(\3\) Maine shoreline.

    (v) Rolling Closure Area V. From October 1 through November 30, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Rolling Closure Area V, which is the area bounded by straight lines 
connecting the following points in the order stated:

                         Rolling Closure Area V
                         [October 1-November 30]
------------------------------------------------------------------------
        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'
GM8                    42 deg.30'             70 deg.00'
GM9                    42 deg.30'             (\1\)
------------------------------------------------------------------------
(\1\) Massachusetts shoreline.
(\2\) Cape Cod shoreline on Cape Cod Bay.
(\3\) Cape Cod shoreline on the Atlantic Ocean.

    (2) Paragraph (g)(1) of this section does not apply to persons 
aboard fishing vessels or fishing vessels:
    (i) That have not been issued a multispecies permit and that are 
fishing exclusively in state waters;
    (ii) That are fishing with or using exempted gear as defined under 
this part, subject to the restrictions on midwater trawl gear in 
paragraph (a)(2)(iii) of this section, and excluding pelagic gillnet 
gear capable of catching multispecies, except for vessels fishing with 
a single pelagic gillnet, not longer than 300 ft (91.44 m) and not 
greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches 
(7.62 cm), provided:
    (A) The net is attached to the boat and fished in the upper two-
thirds of the water column;
    (B) The net is marked with the owner's name and vessel 
identification number;
    (C) There is no retention of regulated species; and
    (D) There is no other gear on board capable of catching NE 
multispecies;
    (iii) That are classified as charter, party, or recreational; or
    (iv) That are fishing with or using scallop dredge gear when 
fishing under a scallop DAS or when lawfully fishing in the Scallop 
Dredge Fishery Exemption Area as described in Sec. 648.80(a)(10), 
provided the vessel does not retain any regulated multispecies during a 
trip, or on any part of a trip.
    (h) Cashes Ledge Closure Area. (1) From July 1 through October 31, 
no fishing vessel or person on a fishing vessel may enter, fish in, 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, 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
                           [July 1-October 31]
------------------------------------------------------------------------
        Point                 N. lat.                  W. long.
------------------------------------------------------------------------
CL1                    43 deg.07'             69 deg.02'
CL2                    42 deg.49.5'           68 deg.46'
CL3                    42 deg.46.5'           68 deg.50.5'
CL4                    42 deg.43.5'           68 deg.58.5'
CL5                    42 deg.42.5'           69 deg.17.5'
CL6                    42 deg.49.5'           69 deg.26'
CL1                    43 deg.07'             69 deg.02'
------------------------------------------------------------------------

A chart depicting this area is available from the Regional 
Administrator upon request (see Table 1 to Sec. 600.502 of this 
chapter)).
    (2) Paragraph (h)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels:
    (i) That meet the criteria in paragraph (g)(2)(ii), (iii), or (iv) 
of this section.
    (ii) [Reserved]
    (i) * * *
    (2) Paragraph (i)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraph 
(g)(2)(ii), (iii) or (iv) of this section.
* * * * *
    8. In Sec. 648.82, paragraph (b)(3)(i) is revised to read as 
follows:


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

* * * * *
    (b) * * *
    (3) * * *
    (i) DAS allocation. A vessel qualified and electing to fish under 
the small vessel category may retain up to 300 lb (136.1 kg) of cod, 
haddock, and yellowtail flounder, combined, per trip without being 
subject to DAS restrictions, provided that the amount of cod on board 
does not exceed the daily cod limit specified in Sec. 648.86(a)(2) and 
(b), up to a maximum of 300 lb (136.1 kg) of cod for the entire trip. 
Such a vessel is not subject to a possession limit for other NE 
multispecies.
* * * * *
    9. In Sec. 648.83, paragraphs (a)(2) and (b)(1) are revised to read 
as follows:


Sec. 648.83  Minimum fish sizes.

    (a) * * *
    (2) The minimum fish size applies to whole fish or to any part of a 
fish while possessed on board a vessel, except as provided in paragraph 
(b) of this section, and to whole, whole-gutted or gilled fish only, 
after landing. For purposes of determining the possession limit 
restrictions in Sec. 648.86, the weight of fillets and parts of fish, 
other than whole-gutted or gilled fish, will be multiplied by 3. Fish 
fillets, or parts of fish, must have skin on while possessed on board a 
vessel and at the time of landing in order to meet minimum size 
requirements. ``Skin on'' means the entire portion of the skin normally 
attached to the portion of the fish or to fish parts possessed is still 
attached.
    (b) * * * (1) Each person aboard a vessel issued a multispecies 
limited access permit and fishing under the DAS program may possess up 
to 25 lb (11.3 kg) of fillets that measure less than the minimum size 
if such fillets are from legal-sized fish and are not offered or 
intended for sale, trade, or barter. For purposes of determining the 
possession limit restrictions specified in Sec. 648.86, the weight of 
fillets and parts of fish, other than whole-gutted or gilled fish, will 
be multiplied by 3.
* * * * *
    10. In Sec. 648.86, the section heading, paragraphs (a)(1), (b)(1) 
heading, (b)(1)(i), (b)(1)(ii) introductory text, (b)(1)(ii)(A), 
(b)(3), and (c) are revised, paragraphs (b)(3)(ii) and (b)(4) are 
removed, and paragraph (d) is added to read as follows:


Sec. 648.86  Possession and landing restrictions.

* * * * *
    (a) * * * (1) NE multispecies DAS vessels. (i) Except as provided 
in paragraphs (a)(ii) and (a)(iii) of this section, a vessel that 
fishes under a NE multispecies DAS may land up to 2,000 lb (907.2 kg) 
of haddock per DAS fished, or any part of a DAS fished, up to 20,000 lb 
(9071.8 kg) per trip, provided it has at least one standard tote on 
board. 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.
    (ii) When the Regional Administrator projects that 75 percent of 
the target TAC will be harvested (9.3 million lb

[[Page 14855]]

(4,200 mt) for the 1999 fishing year), NMFS may publish a notification 
in the Federal Register that, as of a specific date, the limit 
specified in paragraph (a)(1)(i) of this section is reduced to either a 
1,000 lb (453.6 kg) per trip possession limit restriction, or to a 
landing limit restriction of 1,000 lb (453.6 kg) per DAS fished, 10,000 
lb (4,536.0 kg) maximum, 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. Vessels subject to this landing limit must 
have at least one standard tote on board.
    (iii) Paragraph (a)(1)(ii) of this section notwithstanding, 
beginning October 1, 1999, through April 30, 2000, if the Regional 
Administrator projects that less than 75 percent of the target TAC will 
be harvested (9.3 million lb (4,200 mt) for the 1999 fishing year) by 
April 30, 2000, NMFS may publish a notification in the Federal Register 
that, as of a specific date, the limit is increased to the amount that 
the Regional Administrator projects will be sufficient to allow 
harvesting of at least 9.3 million lb (4,200 mt) by April 30, 2000. 
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. Vessels subject to this landing limit must 
have at least one standard tote on board.
* * * * *
    (b) * * * (1) Landing limit. (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 200 lb (90.7 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 200 lb (90.7 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 400 lb (181.4 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 
when 30 percent of the FMAX target TAC will be harvested (886,000 lb 
(402 mt) for the 1999 fishing year), NMFS will publish a notification 
in the Federal Register that, as of a specific date, the limit is 
reduced to a specified amount between 5 lb (2.3 kg) and 100 lb (45.3 
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 paragraph (b)(1)(i) 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:
    (A) The vessel operator does not call-out of the DAS program as 
described under Sec. 648.10(c)(3) and does not depart from a dock or 
mooring in port to engage in fishing, unless transiting 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 subject to the landing limit restriction, described in 
paragraph (b)(1)(i) of this section, that has called-in to the 
multispecies DAS program at 3 p.m. on Monday and that fishes and comes 
back into port at 4 p.m. on Wednesday of that same week with 800 lb 
(362.9 kg) of cod to offload some or all of its catch cannot call-out 
of the DAS program or leave port until 3:01 p.m. the next day, Thursday 
(i.e., 3 days plus one minute)); and
* * * * *
    (3) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraph (b)(1) of this section, and is, therefore, 
subject to the requirement 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 of 
this chapter) 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.
    (c) Other possession restrictions. Vessels are subject to all other 
applicable possession limit restrictions of this part, as specified 
under Sec. 648.82(b)(3), Sec. 648.83(b)(1), Sec. 648.88(a) and (c), and 
Sec. 648.89(c).
    (d) Calculation of weight of fillets or parts of fish. Possession 
limits described under this part are based on the weight of whole, 
whole-gutted, or gilled fish. For purposes of determining possession 
limit restrictions specified in paragraphs (a), (b), or (c) of this 
section, the weight of fillets and parts of fish, other than whole-
gutted or gilled fish, as allowed under Sec. 648.83(a) and (b) will be 
multiplied by 3.
    11. In Sec. 648.87, introductory text for paragraphs (a) and (b) is 
revised, and paragraph (a)(4) 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. All persons owning or operating 
vessels in the EEZ portion of the areas and times specified in 
paragraphs (a)(1), (2), (3) and (4) 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(g)(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(g)(2)(ii)) in the EEZ 
portion of the areas and for the times specified in paragraphs (a)(1) 
through (a)(4) 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(g)(2)(ii)), from the areas and for the times 
specified in paragraphs (a)(1) through (a)(4) 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(g)(2)(ii)) in the areas and for the times specified in 
paragraphs (a)(1) through (a)(4) of this section.
* * * * *

[[Page 14856]]

    (4) NE Closure Area. (1) From August 15 through September 13, of 
each fishing year, the restrictions and requirements specified in 
paragraph (a) of this section apply to the NE Closure Area, which is 
the area bounded by straight lines connecting the following points in 
the order stated:

                         Northeast Closure Area
------------------------------------------------------------------------
        Point                 N. lat.                  W. long.
------------------------------------------------------------------------
NE1                    (\1\)                  68 deg.55.0'
NE2                    43 deg.29.6'           68 deg.55.0'
NE3                    44 deg.04.4'           67 deg.48.7'
NE4                    44 deg.06.9'           67 deg.52.8'
NE5                    44 deg.31.2'           67 deg.02.7'
NE6                    (\1\)                  67 deg.02.7'
------------------------------------------------------------------------
\1\ Maine shoreline.

Copies of a chart depicting this area are available from the Regional 
Administrator upon request.
    (b) Areas closed to gillnet gear capable of catching multispecies 
to prevent right whale takes. All persons owning or operating vessels 
must remove all of their sink gillnet gear and gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnets 
(as described in Sec. 648.81(g)(2)(ii)), from the EEZ portion of the 
areas and for the times specified in paragraphs (b)(1) and (b)(2) 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 gillnet gear or gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnet 
gear (as described in Sec. 648.81(g)(2)(ii)) in the EEZ portion of the 
areas and for the times specified in paragraphs (b)(1) and (2) 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(g)(2)(ii)), from the areas and for the times specified in 
paragraphs (b)(1) and (b)(2) 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 gillnet gear or other 
gillnet gear capable of catching multispecies, with the exception of 
single pelagic gillnets (as described in Sec. 648.81(g)(2)(ii)) in the 
areas and for the times specified in paragraphs (b)(1) and (b)(2) of 
this section.
* * * * *
    12. In Sec. 648.88, paragraphs (a)(1) and (c) are revised to read 
as follows:


Sec. 648.88  Open access permit restrictions.

    (a) * * *
    (1) The vessel may possess and land up to 300 lb (136.1 kg) of cod, 
haddock, and yellowtail flounder, combined, per trip, and unlimited 
amounts of the other NE multispecies, provided that the amount of cod 
on board does not exceed the daily cod limit specified in 
Sec. 648.86(a)(2) and (b), up to a maximum of 300 lb (136.1 kg) of cod 
for the entire trip, and that the vessel does not use or possess on 
board gear other than rod and reel or handlines while in possession of, 
fishing for, or landing NE multispecies, and provided it has at least 
one standard tote on board.
* * * * *
    (c) Scallop multispecies possession limit permit. Unless otherwise 
prohibited in Sec. 648.86(b), a vessel that has been issued a valid 
open access scallop multispecies possession limit permit may possess 
and land up to 300 lb (136.1 kg) of regulated species per trip when 
fishing under a scallop DAS allocated under Sec. 648.53, provided that 
the amount of cod on board does not exceed the daily cod limit 
specified in Sec. 648.86(a)(2) and (b), up to a maximum of 300 lb 
(136.1 kg) of cod for the entire trip, and that the vessel does not 
fish for, possess, or land haddock from January 1 through June 30 as 
specified under Sec. 648.86(a)(2)(i), and provided the vessel has at 
least one standard tote on board.
* * * * *
[FR Doc. 99-7655 Filed 3-26-99; 8:45 am]
BILLING CODE 3510-22-P