[Federal Register Volume 64, Number 86 (Wednesday, May 5, 1999)]
[Rules and Regulations]
[Pages 24066-24078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11157]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 990318076-9109-02; 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: Final rule and 1999 target total allowable catch (TAC) levels.

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SUMMARY: NMFS issues final regulations to implement Framework 
Adjustment 27 to the Northeast Multispecies Fishery Management Plan 
(FMP). Framework Adjustment 27 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. 
This final rule implements management measures that establish GOM 
Rolling Closures of greater size

[[Page 24067]]

and duration than the current GOM Inshore Closure Areas, reconfigure 
and increase the duration of the Cashes Ledge Closure Area, reduce the 
GOM cod landing limit to 200 lb/day-at-sea (DAS) (90.7 kg/DAS), modify 
the haddock landing 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 clarifies the method of 
calculating the weight of fish parts and fillets, for purposes of 
possession limits. Framework 27 also includes mechanisms that allow the 
Regional Administrator, Northeast Region, NMFS (Regional Administrator) 
to reduce the GOM cod landing limit to between 5 and 100 lb/DAS (2.3 
and 45.3 kg/DAS) when 30 percent of the FMAX GOM cod target TAC (402 
mt) is harvested, depending upon the risk of exceeding the target TAC, 
and allows the Regional Administrator to either increase or decrease 
the haddock trip limit based upon the percentage of TAC which is 
projected to be harvested.

DATES: Effective on May 1, 1999, except for amendments to 
Secs. 648.14(a)(43) and (a)(116), 648.80(a)(2), (a)(5), (a)(12), 
(a)(13), (b)(2)(i), (d)(2), and (e)(2), 648.83 and 648.87, which are 
effective on June 10, 1999.

ADDRESSES: Copies of Framework Adjustment 27, its Environmental 
Assessment, Regulatory Impact Review (RIR), and Final Regulatory 
Flexibility Analysis (FRFA) are available upon 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 final 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: Framework Adjustment 27 to the Northeast 
Multispecies Fishery Management Plan was prepared by the New England 
Fishery Management Council (Council). A proposed rule, requesting 
public comment, was published on March 29, 1999 (64 FR 14846). The 
comment period ended on April 13, 1999. A complete discussion of the 
process used to develop the management measures in Framework Adjustment 
27 appears in the preamble to the proposed rule and is not repeated 
here.
    The closed areas, possession and landing restrictions, and 
associated definitions, DAS notification requirements, prohibitions, 
transiting provisions, exemptions, and permit restrictions contained in 
this rule are effective on May 1, 1999. The increased minimum square 
mesh size to 6.5 inches (16.51 cm), prohibition on roller and 
rockhopper gear in excess of 12 inches (30.48 cm) diameter in the GOM 
Inshore Restricted Roller Gear Area, elimination of the 6 inch (15.24 
cm) square mesh requirement in the Stellwagen Bank/Jeffreys Ledge 
Juvenile Protection Area, new method of calculating the weight of fish 
parts and fillets for purposes of possession limits, and exemptions not 
occurring during the month of May are effective on June 10, 1999.

1999 Target Total Allowable Catches

    Based on projected 1999 stock sizes and Amendment 7's fishing 
mortality targets, the target TACs for the 1999 fishing year, as 
recommended by the Multispecies Monitoring Committee, are as follows:

------------------------------------------------------------------------
                                                          Target TACs
                                                         (metric tons)
                    Species/area                     -------------------
                                                        1999      1998
------------------------------------------------------------------------
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
------------------------------------------------------------------------

Summary of Approved Management Measures

    This final rule implementing Framework Adjustment 27: (1) Replaces 
the current GOM Inshore Closure Areas with larger and longer GOM 
Rolling Closure Areas; (2) reconfigures the area and increases the 
duration of the Cashes Ledge Closure Area; (3) maintains the current 
year-round Western GOM Closure Area; (4) eliminates the 1-month NE 
Closure Area; (5) exempts scallop dredge gear from the GOM Rolling 
Closure Areas and Cashes Ledge Closure Area with no possession of 
regulated multispecies allowed; (6) reduces the daily GOM cod landing 
limit to 200 lb/DAS (90.7 kg/DAS); (7) authorizes the Regional 
Administrator to reduce the GOM cod landing limit to between 5 and 100 
lb/DAS (2.3-45.3 kg/DAS), when 30 percent of the GOM cod 
FMAX target TAC is caught; (8) changes the haddock landing 
limit to 2,000 lb/DAS (907.2 kg/DAS) with a 20,000-lb (9071.8-kg) trip 
limit, and authorizes the Regional Administrator to adjust the haddock 
limit up or down based upon the likelihood of reaching the target TAC; 
(9) increases 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) 
eliminates the mesh restrictions in the Stellwagen Bank and Jeffreys 
Ledge Juvenile Protection Area; (11) limits 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) clarifies the method of calculating 
the weight of fish parts and fillets for purposes of determining 
compliance with possession and landing 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 implemented by Framework 27 modify the 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 changes the configuration and increases the duration 
(from 1 month to 4 months) of the Cashes Ledge Closure Area, adds an 
additional 2-month closure encompassing portions of Massachusetts Bay 
from October 1 to November 30, and eliminates the 1-month multispecies 
Northeast Closure Area. This framework adjustment maintains 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 remain the same, except 
that scallop dredge gear is considered 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 any regulated multispecies during any part of a trip. 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

[[Page 24068]]

through any of the GOM Inshore Closure Areas, provided gear is stowed 
properly according to the regulations. This framework also codifies 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 reduces the GOM cod landing limit at the start of the 
fishing year from 400 lb/DAS (181.4 kg) to 200 lb/DAS (90.7 kg/DAS), 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 projected by the Regional Administrator to be harvested, the 
Regional Administrator could reduce the trip landing limit to an amount 
in the range between 5 lb/DAS (2.3 kg/DAS) and 100 lb/DAS (45.3 kg/
DAS), depending upon an evaluation of the risk of exceeding the target 
TAC.

Haddock Landing Limit

    This action changes the haddock landing limit to 2,000 lb (907.2 
kg) per DAS, or any part of a DAS, up to 20,000 lb (9,071.8 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 (4,218.5 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/DAS (453.6 kg/DAS), with a 10,000 
lb (4,536.0 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 (4,218.5 mt) by 
April 30, 2000.

Gear Restrictions

    This action imposes two gear restrictions. They become effective on 
June 10, 1999. The first is an increase in the minimum square-mesh size 
for otter trawl vessels in the GOM/GB and SNE Regulated Mesh Areas 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) is not changed. Concurrent with the 
increase in the minimum square mesh size, the requirement to use 6-inch 
(15.24 cm) square mesh only, in the Stellwagen Bank/Jeffreys Ledge 
Juvenile Protection Area, is eliminated.
    The second gear restriction limits 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 and landing limits for regulated multispecies are 
determined on the basis of the weight of whole, whole-gutted, or gilled 
fish. This action clarifies the method of calculating the weight of 
parts of fish and fillets by specifying that they will be multiplied by 
three, to equate to the weight of whole, whole-gutted, or gilled fish.

Other Measures

    This final 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.

Comments and Responses

    Twelve comments were received on Framework 27 and its proposed 
implementing regulations. Two of the comments were supportive of 
measures in Framework 27. Specific comments and responses on Framework 
27 and the proposed implementing regulations are provided here.
    Comment 1: Several commenters indicated that the 12 inch (30.48 cm) 
size limitation on roller and rockhopper gear within the GOM/GB Inshore 
Restricted Roller Gear Area should not be implemented because: (1) the 
public was not provided adequate opportunity to comment during the 
framework process because the description of these measures did not 
appear on Council meeting notices and the measure was not voted upon 
until after midnight on the meeting day; (2) there was not adequate 
documentation in the Council's Framework 27 documentation or the 
proposed rule explaining how these measures meet the conservation 
objectives for GOM cod; and (3) the assessment of the economic impact 
of these measures does not address the fact that the measure will 
prevent access to certain hard bottom areas in the inshore GOM area by 
otter trawl vessels and will allocate these areas entirely to other 
gear sectors. Similarly, mobile gear vessels with rockhopper and roller 
gear greater that 12 inches (30.48 cm) would always have to transit the 
inshore restricted area in compliance with burdensome gear stowage 
provisions. The commenters also stated that the discussion in Framework 
27 on the 12-inch (30.48 cm) roller gear restriction and the analysis 
of the economic costs are not thorough enough.
    Response: There were many opportunities to comment upon the 12 inch 
maximum size inshore roller gear limitation during the development of 
Framework 27. This measure, either in the form of an inshore/offshore 
category declaration or a gear restriction, has been an integral 
component of Draft Framework Option 1 (Gulf of Maine Fishermens 
Alliance (GOMFA) proposal) of Framework 27 since the inception of the 
document. The delineated area, and the option to include gear 
restrictions instead of an inshore/offshore declaration, are contained 
in the draft Framework 27 document which was available prior to the 
final framework meeting on January 28, 1999. The measure was indeed 
voted upon late in the evening. However, this is because the Council 
heard from many commenters during the meeting. Also, the public was 
given additional opportunity to comment upon the measure through the 
proposed rule.
    The economic analysis conducted for Framework Adjustment 27 
concluded that this action, in its entirety, would have a significant 
economic impact on a substantial number of small entities. It is not 
possible to precisely estimate how the roller gear restriction would 
impact vessels because gear configurations, usage, and fishing areas 
vary by vessel. Existing data are inadequate to determine gear usage at 
such a fine degree of resolution. Trawlers will still be allowed to 
fish in the inshore area with roller gear less than 12 inches diameter 
(30.48 cm), but it is not possible to accurately predict whether they 
will. Vessels could also change to other gear types in response to the

[[Page 24069]]

measure. The cost of purchasing a 116 foot footrope with rollers was 
estimated in the IRFA to range from $1,100 to $2,500. There were 127 
vessels that fished, to varying degrees, in both inshore and offshore 
areas, and may be impacted by the measure. Those with rollers less than 
12 inches (30.48 cm) would not be impacted. Thirty-six of the inshore/
offshore vessels received 75 percent or more of their GOM revenue from 
offshore areas. Those 36 inshore/offshore vessels, without rollers less 
than 12 inches (30.48 cm), will have to decide whether their inshore 
activity warrants the cost of converting existing nets or buying a new 
net. For the remaining 91 inshore/offshore vessels that relied on 
inshore fishing for at least 25 percent of gross revenues, it is 
unclear how they might be impacted, because they may already be using 
conforming roller gear. They would be faced of refitting their gear or 
shifting to offshore areas. Reliable data concerning many important 
variables such as gear usage practices, alternative gear availability, 
behavioral response to the measure, the amount of ocean bottom which 
actually becomes inaccessible for trawlers not using the smaller roller 
gear, and the amount of foregone revenue from these areas is not 
available. Therefore, quantifying the measure with confidence is not 
possible. That is why the capital costs of compliance were estimated 
only for those measures for which reliable data is available.
    NMFS notes that both the cost to industry and the benefits of this 
measure are unquantifiable, at this time. In light of this uncertainty, 
NMFS has approved the measure rather than substitute its judgement for 
that of the Council on the grounds that it may reduce the amount of 
larger vessels fishing inshore, which could result in conservation 
benefits. The Council considered, but rejected, a delineation of the 
inshore and offshore area, using these same coordinates, and requiring 
vessels to annually declare into one of the areas. The Council did not 
adopt the declaration program because of concerns about administration 
and enforcement.
    Regarding stowage provisions for roller and rockhopper gear in 
excess of 12 inches diameter (30.48 cm), the Regional Administrator may 
authorize alternative gear stowage methods and has urged the industry 
to propose alternatives that are less burdensome.
    Comment 2: Several commenters wrote that the measure to increase 
the minimum square mesh size from 6 inches (15.24 cm) to 6.5 inches 
(16.51 cm) will greatly reduce the financial viability and 
profitability of the industry in the Long Island, New York area, and 
advocated disapproval. The commenters proposed an alternative measure 
that would require vessels calling into the DAS program that fish west 
of the 71 deg.30' W. Long. line to be limited to 6 inch mesh (15.24 cm) 
and those fishing east of the 71 deg.30'W. Long. line to be limited to 
6.5 inch mesh (16.51 cm). The 72 deg.30'W. Long. line would apply to 
vessels fishing outside the DAS program.
    Response: Much of the opposition to this measure relates to the 
controversy about the appropriate minimum size for winter flounder. 
Amendment 9 to the FMP proposed a winter flounder size increase to 13 
inches (33 cm) which NMFS disapproved, because the recent assessment 
indicated that this stock is not overfished. Many commenters felt that 
the increase to 6.5 inch (16.51 cm) square mesh is inappropriate to use 
for 12 inch (30.5 cm) winter flounder. However, there are other reasons 
to support this measure. Most importantly, it aligns the selectivity 
characteristics of square mesh with those of 6-inch (15.24 cm) diamond 
mesh in all flounder fisheries and contributes to reducing discards of 
all sub-legal size flatfish, including American plaice, yellowtail 
flounder, and summer flounder, which are also caught in the SNE region.
    Comment 3: One commenter supported the measure to increase the 
minimum square mesh size from 6 inches (15.24 cm) to 6.5 inches (16.51 
cm).
    Response: The comment has been noted, and the measure is approved.
    Comment 4: Several commenters requested NMFS to disapprove the 
measure which closes all of Block 124 for 2 months, because the closure 
would prevent trawling for whiting in two important seasonal areas 
where the Provincetown, Massachusetts fleet has been conducting an 
experimental fishery using a raised footrope trawl. The commenters 
wrote that the fishery does not capture large amounts of cod, and that 
approval of the measure will destroy the historically based whiting 
fishery in Provincetown, Massachusetts.
    Response: The whiting fishery referred to is currently under review 
as both an experiment and as a potential exempted gear fishery. It 
would be inappropriate to revise the Framework 27 management measures 
to conform to the experiment/exemption request. NMFS will continue to 
work with the sponsors of the experimental fishery as it goes through 
the review process. NMFS notes that experimental results, to date, have 
shown that this fishery may capture cod during certain times and areas.
    Comment 5: Several commenters stated that the wrong areas were 
proposed for closure, if the objective of Framework 27 is to protect 
GOM cod. Several of these areas have historically produced low cod 
landings. Also, significant cod spawning areas would remain open in 
May. For these specific reasons, the comments recommended that NMFS 
could eliminate the March Block 121 closure; the April Block 121, 122, 
129, and 130 closures; the May Block 129, 130, and 131 closures; and 
the June Block 141, 142, and 143 closures because these closures have 
no potential benefit to rebuild GOM cod.
    Response: In developing Framework 27, the Council considered three 
alternatives. During the final framework meeting, the three 
alternatives were combined to create a composite plan. The composite 
plan, including the closed areas and trip limits, was analyzed and 
found to meet the GOM cod Fmax Amendment 7 objective, 
primarily because the lower value associated with a fishing mortality 
rate of F0.1 had been used as a benchmark in developing the 
measures. Consequently, NMFS finds that an appropriate combination of 
area closures and trip limits has been chosen to conserve GOM cod while 
minimizing the displacement of fishing effort into other productive 
areas, thereby providing conservation for other overfished GOM 
regulated multispecies.
    Comment 6: NMFS received many comments suggesting that the running 
clock measure allows a directed cod fishery to occur in areas of high 
cod concentration, because latent DAS are being activated to account 
for cod landings in excess of the daily cod trip limit. Consequently, 
this measure increases the likelihood that the target TAC will be 
exceeded in a very short time, and the trip limit will need to be 
reduced early in the fishing year. Several commenters believe that 
maintaining the running clock measure at current trip levels directly 
counters national standard 8 and 9 of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) because 
different fishing communities may suffer by losing even incidental 
catch levels of cod after the trip limit is reduced, while other 
communities gain the benefit of directed cod fishing at the start of 
the year.
    Response: The running clock continues to be the subject of debate; 
however it is intended to prevent discards. The Council and NMFS have 
publicly stated their intent to discourage

[[Page 24070]]

a directed GOM cod fishery and only allow landings of GOM cod at 
incidental levels. The running clock attempts to balance these 
objectives by allowing for occasionally high levels of incidental catch 
but not creating an incentive to target GOM cod. The degree to which a 
200 lb/DAS (90.7 kg/DAS) trip limit could create a directed GOM cod 
fishery will be examined in 1999, as fishery data becomes available. 
The Council has directed the Multispecies Oversight Committee to 
reevaluate the running clock measure in conjunction with Framework 31, 
and it would be premature for NMFS to take action while that work is 
under way. Moreover, the running clock is a pre-existing measure that 
was not proposed by this framework and, therefore, it is not 
appropriate for NMFS to remove the measure as part of this framework 
procedure.
    When 30 percent of the GOM cod Fmax  TAC (886,000 lb 
(402 mt)) is projected to be harvested, the Regional Administrator is 
authorized to reduce the trip limit to an amount in the range of 
between 5 and 100 lb/DAS (2.3 and 45.3 kg/DAS), depending upon an 
evaluation of the risk of exceeding the target TAC. This ``backstop'' 
measure is intended to keep landings below the TAC, to the extent 
practicable, because of the critical condition of GOM cod. If fishing 
patterns in 1999 are similar to previous years, this ``backstop'' could 
be triggered early in the fishing year. However, times and areas of 
traditionally high levels of GOM cod landings will be closed so that 
the opportunity to land large amounts of GOM cod is diminished. Prior 
to implementation of the ``backstop'', all vessels in the fishery, 
regardless of their port, will be under the 200 lb/DAS ((90.7 kg/DAS) 
GOM cod trip limit.
    Comment 7: The GOM cod trip limits and ``backstop'' measure would 
turn the TAC established in Amendment 7 into a specific, or ``hard'', 
quota which: (1) would reduce the harvest level below any reasonably 
attainable bycatch level, (2) would worsen the potential to turn catch 
into discards, and (3) would run afoul of the legal requirement to 
prevent discards. As an alternative, NMFS should set the ``backstop'' 
trip limit no lower than 100 lb (45.4 kg) per DAS.
    Response: SAW 27 indicated that the GOM cod is on the verge of 
collapse and that directed fishing on this stock should cease. The 
``backstop'' trip limit allows between 5 and 100 lb/DAS (2.3--45.3 kg/
DAS) of GOM cod to be landed and, therefore, is neither a ``hard'' 
quota, nor contrary to Amendment 7. The purpose of the ``backstop'' is 
to prevent a TAC overage, so that more stringent measures are not 
necessary in future years. If it becomes necessary to reduce the trip 
limit, NMFS will consider the impact of the new limit on discards.
    Comment 8: One commenter supported the measure allowing scallop 
fishing in the new GOM Rolling Closure Areas.
    Response: The comment has been noted, and the measure is approved.
    Comment 9: The provision which prohibits the possession of 
regulated multispecies for scallop dredge vessels fishing under a DAS 
in the new GOM closed areas should be changed, due to enforceability, 
because other scallop vessels using DAS and not fishing in the closed 
areas will be allowed to retain 300 lb (136.1 kg) of regulated 
multispecies. The trip limit for scallop dredge vessels fishing in the 
GOM closed areas should be set at zero for the small dredge exempted 
fishery, and 300 lb (136.1 kg) for scallop DAS vessels.
    Response: Within the new GOM Rolling Closure Areas, scallop dredge 
gear is exempt. On any trip that a scallop dredge vessel fishes in a 
closed area, for any part of the trip, the vessel may not possess any 
regulated species. The Vessel Monitoring System is mandatory for 
scallop DAS vessels and will facilitate enforcement of this measure.
    Comment 10: The haddock trip limit should not be reduced to 2,000 
lb/DAS (907.2 kg/DAS) with a 20,000 lb (9,071.8 kg) cap. There is no 
biological basis to reduce the haddock trip limit. It will result in 
discards of haddock. The haddock trip limit should continue to be 
accumulated at a per-day rate.
    Response: The haddock trip limit had been scheduled to revert to 
1,000 lb/DAS (453.6 kg/DAS) (as of May 1, 1999), so the haddock limit 
is actually being increased by this rule. The Regional Administrator 
has the authority to increase the trip limit as of October 1, 1999, if 
75 percent of the TAC is not projected to be reached. The haddock trip 
limit will continue to be accumulated on a per-DAS basis, with the 
upper limit of 20,000 lb (9,071.8 kg) intended to accommodate most 
trips.
    Comment 11: One commenter was concerned that scallop dredge vessels 
may catch large amounts of regulated multispecies if they are allowed 
into the GOM newly closed areas.
    Response: The Council did consider this when exempting scallop 
dredge vessels from the new GOM Rolling Closure Areas. However, it was 
decided that the benefits of exempting scallop dredge gear outweighed 
the costs of excluding scallop dredge gear from the new GOM Rolling 
Closure Areas.
    Comment 12: Many of the commenters wrote that, in general, 
Framework 27 is not specifically designed to protect GOM cod; instead, 
it disproportionately impacts vessels prosecuting other groundfish 
fisheries.
    Response: Framework Adjustment 27 does meet the Amendment 7 
Fmax GOM cod TAC, because F0.1 has been used as a 
benchmark in developing the management measures. The closures that were 
selected by the Council have been analyzed and found to reduce landings 
of GOM cod by a larger percentage than either of the two other options 
that were considered for the framework. However, while GOM cod is a 
major concern, Framework 27 is intended to make the annual adjustment 
required by Amendment 7 to conserve and manage all of the species 
included in the multispecies complex. Thus, the measure is also 
intended to impact those fisheries, since many of the other regulated 
multispecies are overfished.

Changes From the Proposed Rule

    In the proposed regulations, a coordinate for Small Mesh Area 2 (SM 
13) at Sec. 648.80(a)(8) was incorrectly published as 4 deg.05.6' 
69 deg.55.0'. It has been corrected to read 43 deg.05.6' 69 deg.55.0'.

Classification

Magnuson-Stevens Act

    The Regional Administrator, Northeast Region, NMFS determined that 
this annual framework adjustment to the Northeast Multispecies FMP is 
necessary for the conservation and management of the Northeast 
multispecies fishery and that it is consistent with the Magnuson-
Stevens Act and other applicable laws.

Partial Waiver of 30 Day Delay in Effectiveness

    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause under 5 U.S.C. 553(d)(3), to waive the 30 day delay in effective 
date for certain provisions of this rule. The good cause is based upon 
the need to have these provisions in place by May 1, 1999, the start of 
the multispecies fishing year. The measures are essential for the 
conservation of GOM cod, which is on the verge of collapse. Given the 
extremely low biomass of GOM cod, it is essential to have the measures 
in Framework Adjustment 27 that relate to GOM cod effective at the 
beginning of the fishing year because the species aggregates for 
spawning during this period and is very susceptible to large catches 
per unit effort. Without these measures in place by May 1, 1999, the 
GOM cod trip limit will revert from 400

[[Page 24071]]

lb/DAS (181.4 kg/DAS) to 700 lb/DAS (317.5 kg/DAS) and areas of high 
cod abundance in Rolling Closure Area III will remain open. Because May 
has historically been a month of very high GOM cod landings, a failure 
to implement these measures immediately could result in potentially 
irreparable damage to GOM cod stocks and undermine the very purpose of 
this framework. Specific measures for which the waiver applies include: 
the cod trip limit and the backstop trip limit and the new GOM Rolling 
Closure Areas. In addition, the new haddock trip limit is being made 
effective without a 30-day delay under authority at 5 U.S.C. 553(d)(1), 
because it relieves a restriction. If the new haddock trip limit is not 
implemented on May 1, 1999, the trip limit will revert to 1,000 lb/DAS 
(453.6 kg/DAS) rather than 2,000 lb/DAS (907.2 kg/DAS). The fishing 
industry will be notified of these measures by way of a fax to 
interested parties including state agencies, industry groups, U.S. 
Coast Guard and NMFS port agents. A National Weather Service radio 
announcement may be broadcast, if necessary. All of the other measures 
in Framework 27 become effective on June 10, 1999.

Executive Order 12866

    This final rule has been determined to be significant under Section 
(3)(f)(4) of Executive Order 12866.

Final Regulatory Flexibility Analysis

    The proposed rule to implement Framework Adjustment 27 was 
published in the Federal Register on March 29, 1999. A copy of the 
Initial Regulatory Flexibility Analysis (IRFA) analysis is available 
from the Council (see ADDRESSES). The FRFA incorporates the IRFA and 
its findings, the responses to public comments that mentioned possible 
effects of Framework Adjustment 27 on small entities, and the following 
discussion which is based on the IRFA.
    The following description summarizes the impact of the measures in 
the final rule (closed areas, trip limits, increased mesh size, 
restrictions on roller gear) on vessels, dealers, and processors, the 
alternatives that were considered and rejected, and measures that 
minimize the economic impact of this action.
    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 
Closure Areas and/or would be affected by the 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 would be impacted by a reduction in 
gross revenues of more than 5 percent.
    The impact of the measures (closed areas and trip limits) 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 results in a total of 
155 vessels that were estimated to be below break-even profit. 
Therefore, 155 out of 1,287 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 would impact 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 similar 
to that of 6-inch (15.24-cm) mesh when periodically replacing worn-out 
gear.
    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 the gear change is difficult to estimate 
because gear configurations, usage and fishing areas vary by vessel. 
Existing data is 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 their 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 
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 action is estimated at $5.5 million.
    The impacts of the various alternatives that were analyzed for 
Framework 27 were estimated in the IRFA to be more severe than those of 
the selected action, except for the GOMFA alternative which would have 
closed large areas, both inshore and offshore, for shorter periods of 
time. The GOMFA option was not selected because the Council indicated 
that the closures in the Preferred Alternative would better protect GOM 
cod. The selected action, a combination of the various alternatives, 
considered all of the alternatives and their impacts, and 
simultaneously attempted to reach the

[[Page 24072]]

Amendment 7 rebuilding goals while minimizing the negative impacts on 
the fishing industry, to the extent practicable given the severity of 
the necessary mortality reduction for GOM cod. Measures which minimize 
the negative impacts of Framework 27 include an exemption for scallop 
dredge gear in the new GOM Rolling Closure Areas, an increase in the 
haddock trip limit, and a relaxation of the gear stowage provisions for 
vessels transiting the GOM Rolling Closure Areas.

Paperwork Reduction Act (PRA)

    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 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 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.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 29, 1999.
Penelope D. Dalton,
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. 648.2, the definition for ``Gillnet gear capable of 
catching multispecies'' is revised, and a definition for ``Rockhopper 
and roller gear'' is added in alphabetical order 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 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)(116) is added to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (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 in Sec. 648.80 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).
* * * * *

[[Page 24073]]

    (116) 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 redesignated as paragraph 
(b)(5) and a new paragraph (b)(4) 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.
* * * * *
    6. In Sec. 648.80, paragraphs (a)(2)(i), (a)(6)(i), (a)(8), (a)(10) 
introductory text, (a)(10)(i)(C), (a)(12) introductory text, (a)(13) 
introductory text, (b)(2)(i), (d)(2), (e)(2), (h), and (i)(8) are 
revised; paragraph (d)(3) is amended by removing the word ``and''; 
paragraph (d)(4) is amended by removing the period and adding ``; and'' 
in its place; paragraph (a)(5) is removed and reserved; paragraph 
(a)(2)(iv) is added and paragraph (a)(12)(ii) is added and reserved 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)(2)(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 sq ft (0.81 sq m)), 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 (a)(2)(iv) 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 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)(3)(ii) or (a)(8)(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.  69 deg.55.
                                                          6'          0'

[[Page 24074]]

 
SM14............................................  43 deg.10.  69 deg.43.
                                                          1'          3'
SM15............................................  42 deg.49.  69 deg.40.
                                                          5'          0'
SM16............................................  42 deg.41.  69 deg.40.
                                                          5'          0'
SM17............................................  42 deg.36.  69 deg.55.
                                                          6'          0'
SM13............................................  43 deg.05.  69 deg.55.
                                                          6'          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 Gulf of Maine 
(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.

* * * * *
    (ii) [Reserved]
    (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 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

[[Page 24075]]

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 paragraphs (g)(1) (i) through (v) 
of this section, 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:

                         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

[[Page 24076]]

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'
------------------------------------------------------------------------

    (i) A chart depicting this area is available from the Regional 
Administrator upon request (see Table 1 to Sec. 600.502 of this 
chapter)).
    (ii) [Reserved]
    (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) Western GOM Area Closure. * * *
    (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 compliance with the 
possession limits 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 
compliance with the possession limits 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) and (c) 
are revised; paragraph (b)(3) is removed; paragraph (b)(4) is 
redesignated as paragraph (b)(3) and revised; 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)(1)(ii) and (a)(1)(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 (4,218.5 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.

[[Page 24077]]

    (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 (4,218.5 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 (4,218.5 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 
that 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, as specified under 
Secs. 648.82(b)(3), 648.83(b)(1), 648.88(a) and (c), and 
Sec. 648.89(c).
    (d) Calculation of weight of fillets or parts of fish. The 
possession limits described under this part are based on the weight of 
whole, whole-gutted, or gilled fish. For purposes of determining 
compliance with the possession limits specified in paragraph (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.
* * * * *
    (4) NE Closure Area. From August 15 through September 13, of each 
fishing year, the restrictions and requirements specified in this 
paragraph (a) 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.


[[Page 24078]]

    (i) Copies of a chart depicting this area are available from the 
Regional Administrator upon request.
    (ii) [Reserved]
    (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 (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 (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 (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. 99-11157 Filed 4-30-99; 2:27 pm]
BILLING CODE 3510-22-P