[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Proposed Rules]
[Pages 49427-49437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23488]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 990811218-9218-01; I.D. 050399A]
RIN 0648-AL27


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Amendment 12 to the Northeast Multispecies 
Fishery Management Plan

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

ACTION: Proposed rule, request for comments.

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SUMMARY: NMFS issues this proposed rule to implement measures contained 
in Amendment 12 to the Northeast Multispecies Fisheries Management Plan 
(FMP) to address the management of silver hake (whiting), red hake, 
offshore hake, and ocean pout and to implement the framework measure 
approved in Amendment 11 to the FMP regarding essential fish habitat. 
Amendment 12 and these proposed regulations would establish 
differential whiting possession limits based on the mesh size with 
which a vessel chooses to fish. The intended effect of this action is 
to reduce fishing mortality rates on whiting and red hake to eliminate 
overfishing and rebuild the biomass in accordance with the requirements 
of the Sustainable Fisheries Act (SFA).

DATES: Comments must be received on or before October 28, 1999.

ADDRESSES: Comments on this proposed rule should be sent to Pat Kurkul, 
Regional Administrator, 1 Blackburn Drive, Gloucester, MA 01930. Mark 
the outside of the envelope, ``Comments on Proposed Rule for Amendment 
12.''
    Comments regarding burden-hour estimates for collection-of-
information requirements or other aspects of the collection-of-
information requirements contained in this proposed rule should be sent 
to NMFS and to the Office of Information and Regulatory Affairs, Office 
of Management and Budget (OMB), Washington, DC 20503 (Attention: NOAA 
Desk Officer).
    Copies of the Amendment 12 document, its Regulatory Impact Review 
(RIR), Initial Regulatory Flexibility Analysis (IRFA), the Supplemental 
Environmental Impact Statement (SEIS), and other supporting documents 
for the FMP amendment, as well as all documents pertaining to Amendment 
11, are available from Paul J. Howard, Executive Director, New England 
Fishery Management Council, 5 Broadway (Route 1), Saugus, Massachusetts 
01906-1036.

FOR FURTHER INFORMATION CONTACT: Peter Christopher, Fishery Management 
Specialist, 978-281-9288.

SUPPLEMENTARY INFORMATION: The New England Fishery Management Council 
(Council) developed Amendment 12 to the Northeast Multispecies FMP 
(commonly called the Whiting Amendment) primarily to comply with the 
new requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), as amended by the SFA on October 
11, 1996. NMFS published a notice of availability for this amendment in 
the Federal Register at 64 FR 29257, June 1, 1999, soliciting public 
comments on this amendment through August 2, 1999. Public comments that 
were received on or before August 2, 1999, will be considered in the 
approval/disapproval decision. Comments received after that date, but 
before the end of the comment period for this proposed rule, will not 
be considered in the approval/disapproval decision of the amendment, 
but will be considered in the decision on issuance of the final rule 
with respect to matters not related to approval/disapproval of FMP 
measures. Copies of Amendment 12 are available upon request (see 
ADDRESSES).
    Whiting and red hake have been part of the Northeast Multispecies 
FMP since the implementation of Amendment 4 in 1991. Since that time, 
one reason no management measures have existed to manage directly the 
whiting and red hake fisheries is that management measures incorporated 
into the Multispecies FMP for other species provide indirect protection 
for whiting

[[Page 49428]]

and red hake. Geographic areas that are closed to fishing and minimum 
mesh sizes that are inefficient at catching whiting and red hake 
provided some level of protection for whiting and red hake. However, 
directed whiting fisheries in the Southern New England Regulated Mesh 
Area (SNE RMA) and exempted or experimental fisheries in the Gulf of 
Maine/Georges Bank Regulated Mesh Area (GOM/GB RMA) have continued to 
produce high levels of whiting and red hake catches. In anticipation of 
additional restrictions to manage whiting, the Council established 
September 9, 1996, as the control date for whiting and announced that 
it could limit future access to the whiting fishery through a 
moratorium on whiting permits.
    In September 1997, NMFS' report to Congress on the ``Status of 
Fisheries of the United States'' concluded that red hake and the 
Southern stock of whiting are overfished and that the Northern stock of 
whiting is approaching an overfished condition. In response, the 
Council began the development of Amendment 12 to specifically address 
overfishing.
    Amendment 12 proposes to end overfishing in 4 years. Management 
measures in years 1, 2, and 3 would be the same, unless changed through 
framework action or amendment. If the reduction in fishing mortality 
and exploitation during the first 3 years is not sufficient to meet the 
goals of Amendment 12, a fourth year default measure has been proposed 
to achieve the target fishing mortality rates and end overfishing.
    Amendment 12 proposes to do the following: (1) Establish new 
overfishing definitions for two stocks of silver hake, two stocks of 
red hake, and offshore hake (Merluccius albidus); (2) specify Optimum 
Yield (OY) for silver hake (whiting), red hake and offshore hake; (3) 
identify whiting, red hake, and offshore hake as ``small mesh 
multispecies''; (4) identify geographic areas for potential use in 
management of different stocks of whiting; (5) implement a moratorium 
on commercial permits to fish for whiting, red hake and offshore hake 
(small mesh multispecies); (6) implement an open access permit category 
to allow an incidental catch; (7) implement new measures for the 
Cultivator Shoal Whiting Fishery; (8) initiate management measures for 
all areas excluding the Cultivator Shoal Whiting Fishery based on mesh 
size/possession limit categories; (9) add measures which may be 
implemented by a framework adjustment; (10) implement codend 
specifications and restrictions on net strengtheners; (11) restrict the 
transfer of small mesh multispecies; (12) provide a default measure to 
be implemented at the beginning of year 4 if management measures do not 
meet the fishing mortality objectives; (13) designate Essential Fish 
Habitat for offshore hake; and (14) establish a Whiting Monitoring 
Committee (WMC).
    After a preliminary review of Amendment 12, NMFS found that the 
limited access program would be inconsistent with national standard 4 
and section 304(e) of the Magnuson-Stevens Act. The qualification 
criteria allow vessels that participated in either the Gulf of Maine 
whiting raised footrope or separator trawl experimental fisheries to 
qualify for a limited access permit with 1,000 lb (453.6 kg) of 
landings over 3 years, rather than 50,000 lb (22,680 kg) of landings 
over 18 years. Vessels would be subject to the same restrictions 
regardless of how the vessel qualified for the permit. This portion of 
the proposed limited access program is inconsistent with national 
standard 4 because different sectors of the industry could qualify for 
the same level of fishing with different landings requirements. 
Further, vessels may have been excluded from participation in 
experimental fisheries because NMFS imposed participation restrictions 
and these restrictive controls may have discouraged vessels from 
participating.
    The limited access program also proposes that at the beginning of 
year 6 of the Amendment, unless otherwise extended, vessels would be 
eligible for limited access small mesh multispecies permits without 
having to meet the landings criteria, provided the vessels possessed a 
limited access multispecies permit that was valid on the date the final 
rule for this amendment is published and that continues to be valid in 
year 6. The sunset provision may give vessel owners who would not 
qualify for the limited access permit unrealistic expectations that 
they may be able to participate in the whiting (small mesh 
multispecies) fisheries as a limited access vessel when it is unlikely 
to happen. Further, there has been no analysis of the potential effects 
of such effort on the rebuilding schedule. Amendment 12 proposes to end 
overfishing in year 4 and to rebuild the stocks of whiting and red hake 
within 10 years. Because it is uncertain that the fishery could sustain 
additional vessel participation just 1 year beyond the target date to 
end overfishing, rebuilding goals may be compromised. This measure 
would, therefore, be inconsistent with section 304(e) of the Magnuson-
Stevens Act that specifies that overfished fisheries be rebuilt within 
a period not to exceed 10 years.
    As a result of this preliminary review, NMFS is returning the 
limited access program to the Council in its entirety. To return only 
the two problematic portions would alter significantly the limited 
access program proposed in Amendment 12, thus changing the limited 
access program that was approved by the majority of the voting members 
of the Council. Under section 304(c)(3) of the Magnuson-Stevens Act, 
the Secretary of Commerce may not implement a limited access system 
that has not been approved by the majority of the voting members of the 
Council. Therefore, NMFS's only option in order to avoid implementing 
the two problematic measures of the limited access program is to 
exclude the limited access portion of Amendment 12 from regulations 
proposed for public comment. The open access permit category for small 
mesh multispecies is also omitted from this regulation because it would 
serve no purpose without the limited access permit categories.

Proposed Measures

    The ``Open Access Nonregulated Multispecies Permit'' would be 
renamed the ``Open Access Multispecies Permit'' to avoid confusion that 
would result from the elimination of the definition of ``Nonregulated 
Multispecies.'' Vessels currently issued ``Open Access Nonregulated 
Multispecies Permits'' would not be required to acquire a new ``Open 
Access Multispecies Permit,'' but rather would receive a renamed permit 
when they apply for permit renewal at the end of the fishing year in 
which this regulation is implemented. The restrictions pertaining to 
the ``Open Access Nonregulated Multispecies Permit'' would remain in 
effect for these vessels.
    Amendment 12 proposes to change the season for the Cultivator Shoal 
Whiting Fishery by decreasing its duration by 1 month. The Cultivator 
Shoal Whiting Fishery season would begin on June 15 and end on 
September 30 of each year. Currently, the fishery ends on October 31 
each year. The reduction in fishing effort by the elimination of the 
month of October is expected to contribute toward Amendment 12's 
overall goal of a 63-percent reduction in whiting exploitation across 
all stock areas.
    Vessels enrolled in the Cultivator Shoal Whiting Fishery would be 
restricted to a minimum mesh size of 3 in (7.62 cm) subject to 
applicable codend restrictions. Vessels enrolled in the fishery would 
also be restricted to a

[[Page 49429]]

possession limit of 30,000 lb (13,608 kg) of whiting and offshore hake. 
Vessels would be allowed to fish in areas other than the Cultivator 
Shoal Whiting Fishery area while enrolled in this fishery but would be 
subject to the more restrictive mesh and possession measures regardless 
of where they fish. These measures allow participants in the Cultivator 
Shoal Whiting Fishery flexibility to fish in other whiting areas when 
whiting are not concentrated on the Cultivator Shoal. The possession 
limit would serve to eliminate extremely large whiting trips that 
contribute to excessive fishing mortality in the area, yet allow for 
economically feasible trips.
    Amendment 12 would implement whiting and offshore hake possession 
limits for all areas excluding the Cultivator Shoal Whiting Fishery. 
Vessels issued a Federal multispecies permit would be allowed the 
following possession limits of whiting and offshore hake: up to 3,500 
lb (1,588 kg), while using a mesh size less than, but not equal to 2.5 
in (6.35 cm); up to 7,500 lb (3,402 kg), while using a codend mesh size 
of 2.5 in (6.35 cm) or larger, provided the vessel has a letter of 
authorization from the Administrator, Northeast Region, NMFS (Regional 
Administrator) on board; and up to 30,000 lb (13,608 kg), while using a 
codend mesh size of 3 in (7.62 cm) or larger, provided the vessel has a 
letter of authorization from the Regional Administrator on board. 
Letters of authorization for these mesh size categories would be valid 
for a minimum of 30 days. However, vessels could withdraw from the 
minimum mesh size category after a minimum of 7 days, but they would be 
subject to a possession limit of 3,500 lb (1,588 kg) regardless of the 
mesh size in use and would not be able to re-enter the original 
authorization category for the remainder of the original 30 days. 
Vessels that do not receive a letter of authorization would 
automatically be restricted to a possession limit of 3,500 lb (1,588 
kg) of whiting and offshore hake, regardless of the mesh size in use.
    Amendment 12 proposes that while participating in the Northern 
shrimp fishery, to retain whiting and offshore hake, a vessel would be 
required to be issued a Federal multispecies permit and that vessels 
would be allowed a possession limit of whiting and offshore hake equal 
to the amount of Northern shrimp on board up to 3,500 lb (1,588 kg).
    This proposed rule includes instructions for vessel owners to 
follow in order for them to receive the required letters of 
authorization to participate in one of the minimum mesh size and 
corresponding possession limit categories. To request a letter of 
authorization, vessel owners would be required to call the Northeast 
Region Permit Office during normal business hours and provide the 
vessel name, owner name, permit number, the desired mesh size/
possession limit category and the period of time that the vessel would 
be enrolled. Since letters of authorization would be effective on the 
date of receipt vessel owners should allow appropriate processing and 
mail time. To withdraw from a category, vessel owners must call the 
Northeast Region Permit Office. Withdrawals would be effective upon 
date of request.
    Amendment 12 proposes that a vessel issued a Federal multispecies 
permit would be allowed to transfer small mesh multispecies at sea up 
to 500 lb (226.8 kg), provided it has a letter of authorization to 
transfer fish at sea on board the vessel. A total of 500 lb (226.8 kg) 
would automatically be deducted from the vessel's possession limit 
regardless of the actual amount transferred. Vessels receiving the 
small mesh multispecies at sea would be required to have a receipt for 
the transferred fish. The allowance for transfers at sea would provide 
continued flexibility for vessels that have traditionally purchased 
bait from other vessels while in the course of targeting such other 
species as lobster or tuna.
    Amendment 12 proposes new codend specifications for vessels fishing 
for small mesh multispecies. For vessels less than or equal to 60 ft 
(18.28 m) in length overall, the mesh size would be determined by 
measuring the first 50 meshes (100 bars in the case of square mesh) 
from the terminus of the net. For a vessel greater than 60 ft (18.28 m) 
in length overall, the mesh size would be determined by measuring the 
first 100 meshes (200 bars in the case of square mesh) from the 
terminus of the net. This restriction would not apply to vessels using 
less than 2.5-in (6.35 cm) mesh and being subject to other codend 
specifications specified in this part.
    The proposed management measures controlling mesh size are intended 
to provide an incentive for vessels to use larger mesh to fish for 
small mesh multispecies. Allowance of several mesh sizes accounts for 
differences in the characteristics of the various small mesh fisheries 
(such as squid and herring) which exist.
    Amendment 12 proposes to allow vessels using mesh less than 2.5 in 
(6.35 cm) to use net strengtheners. This provision allows vessels which 
have traditionally used net strengtheners in other small mesh fisheries 
to continue with their use while maintaining the expected conservation 
benefits by prohibiting the use of net strengtheners in directed small 
mesh multispecies fisheries.
    On May 1, 2002 (the beginning of year 4 under the schedule proposed 
by Amendment 12), if target mortality and biomass objectives have not 
been achieved and if the Council and NMFS have not implemented other 
adequate management measures, default measures would ensure that the 
fishing mortality objectives of Amendment 12 are achieved. The default 
measures would include the following:

    A regulated mesh area to be defined prior to the effective date 
of the default measure, with a 3-in (7.62 cm) minimum mesh 
requirement for all fishing activities (with the exception of 
fisheries with larger minimum mesh sizes). In the absence of a 
defined small mesh multispecies regulated mesh area, the default 
measures would be effective throughout the range of the species. 
Vessels participating in any fishery would be required to use the 
minimum mesh or larger unless fishing in a fishery that has been 
determined exempt from the minimum mesh size.
    A possession limit of whiting and offshore hake up to 10,000 lb 
(4,536 kg) for vessels possessing a Federal multispecies permit 
would be allowed.
    A possession limit of 100 lb (45.36 kg) of whiting and offshore 
hake for vessels participating in an exempted fishery would be 
allowed.
    A provision to allow a vessel to fish with mesh less than 3 in 
(7.62 cm), if fishing is determined to be exempted from the minimum 
mesh size by demonstrating a bycatch of small mesh multispecies that 
is less than 10 percent of total catch.

    Analysis of these management measures indicated that it may be very 
difficult to achieve the conservation objectives of the proposed 
amendment without decreasing the amount of whiting retained or 
discarded with mesh less than 2.5 in (6.35 cm). Therefore, the default 
measures described above further increase the likelihood that the 
incidental, as well as the directed, catch of small mesh multispecies 
will be reduced.
    Additional measures that can be implemented through the framework 
procedure have been proposed under Amendment 12 to allow future 
adjustments for the small mesh multispecies. The following measures 
that can be implemented through the framework procedure have been 
proposed: A total allowable landings limit (and appropriate seasonal 
adjustments) for vessels fishing in the northern area requiring that 
the fishery be closed when the limit is reached; modifications or 
adjustments to whiting

[[Page 49430]]

grate/mesh configuration requirements; adjustments to whiting stock 
boundaries for management purposes; modifications to requirements for 
fisheries to be exempt from the minimum mesh requirements for small 
mesh multispecies; and season adjustments, declarations and 
participation requirements for the Cultivator Shoal Whiting Fishery. 
Amendment 12 also proposes the following management measures that could 
be implemented through a framework adjustment to the FMP provided that 
they are accompanied by a full set of public hearings: A whiting Days 
at Sea (DAS) effort reduction program and a whiting total allowable 
catch (TAC), either by region or for the entire fishery. In addition, 
Amendment 11 to the FMP, which was approved on March 3, 1999, adds 
essential fish habitat measures to the framework list. The framework 
procedure for essential fish habitat, which was inadvertently not 
included in regulations at the time Amendment 11 to the FMP was 
approved, is now included in this rule.
    The framework adjustment process allows the Council flexibility to 
develop and analyze management actions over a shorter time period than 
is possible under the amendment process. Framework development still 
involves notification of proposed measures to the public and 
opportunities for public comment.
    Amendment 12 proposes to establish the Whiting Monitoring Committee 
(WMC) to monitor the progress of the rebuilding of small mesh 
multispecies stocks on an annual basis. The role, structure, and 
process for the WMC would be identical to the Multispecies Monitoring 
Committee (MMC), with the exception that the WMC would contain at least 
three industry representatives: At least one from New England, one from 
Southern New England, and one from the Mid-Atlantic regions. 
Establishment of a monitoring committee provides regular, consistent 
evaluation of the management measures to ensure that the goals of the 
Northeast Multispecies FMP specific to small mesh multispecies are 
achieved.
    This rule proposes to correct references to the appeals paragraphs 
of the multispecies permitting section and to clarify the net 
strengthener provision at Sec. 648.80(g).

Classification

    The Council prepared and NMFS has adopted a SEIS for this 
amendment; a notice of availability was published at 63 FR 48727, 
September 11, 1998. Although short-term negative impacts would result 
from lowered allowed catches of small mesh multispecies, the proposed 
management action would have long-term positive impacts on affected 
physical, biological, and human environments. A copy of the SEIS may be 
obtained from the Council (see ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

Initial Regulatory Flexibility Analysis

    The Council prepared an IRFA for this proposed rule, pursuant to 
the Regulatory Flexibility Act (5 U.S.C. 603), without a final 
determination as to whether the proposal would have a significant 
impact on a substantial number of small entities. In September of 1997, 
NMFS determined that some stocks of whiting and red hake are overfished 
or approaching an overfished condition. This proposed rule is published 
to comply with the new requirements of the Magnuson-Stevens Act which 
requires that a management plan be developed and implemented to end 
overfishing and to rebuild overfished stocks. This proposed rule 
intends to end overfishing by implementing whiting, offshore hake, and 
red hake possession limits; minimum mesh sizes; and a year 4 default 
measure to ensure that the elimination of overfishing is attained. To 
ensure that there will be effective recordkeeping and compliance for 
the proposed measures, this proposed rule would establish two new 
collection-of-information requirements and include one collection-of-
information requirement that was previously omitted. These two new 
requirements consist of a requirement for a vessel owner or operator to 
call the Regional Administrator to request a letter of authorization to 
fish under one of the mesh size/possession limit categories and of a 
requirement to make a receipt for fish bought through a transfer of 
fish at sea. The omitted requirement is a requirement to call in to 
receive a letter of authorization to transfer fish other than regulated 
multispecies at sea. Measures analyzed in the IRFA include the full set 
of management measures with particular attention to mesh size and 
possession limits and the year 4 default measure. The small entities 
considered in this analysis are 1,156 vessels whose reported landing 
was made of one or more combined pounds of whiting, red hake, and 
offshore hake during the calendar years 1995 to 1997. The following is 
a brief discussion of the measures and alternatives analyzed in the 
IRFA.
    Measures proposed in this amendment are intended to reduce landings 
of whiting and red hake and to control effort on these fisheries. 
Vessels that would continue fishing for small mesh multispecies would 
be subject to substantial reductions in landings from their historical 
fishing activity. The most significant effects would be caused by the 
4th year default measures, which are expected to result in the largest 
economic loss for fishery participants. The management measures for 
years 1-3 are estimated to reduce gross revenues from all species by 
more than 5 percent for 81 vessels (7 percent of small mesh 
multispecies participants). If the default measure is implemented, 
approximately 20 percent of small mesh multispecies fishery 
participants (222 vessels) are estimated to experience a reduction in 
annual gross revenues of 5 percent or more.
    Additionally, short- and long-run profitability analyses of small 
mesh multispecies commercial fishing vessels indicate that management 
measures proposed in this amendment would force some vessels to cease 
operations. In the short run, vessels may be assumed to maintain 
business operations, provided operating costs can be paid. In the long 
run, vessels may be able to maintain business operations only if all 
costs (fixed and operating) can be paid from gross receipts. Estimated 
profitability for the years 1-3 and year 4 default management measures 
indicated that two percent, or more, of the vessels may not be able to 
operate at positive long-run profit upon implementation of the FMP by 
this proposed rule. Under the years 1-3 measures, a total of 25 vessels 
estimated to be earning positive profit under the status quo, (2.2 
percent of all small mesh multispecies fishery participants) would be 
operating at negative profit. Similarly, a total of 61 vessels 
estimated to be earning positive profit under the status quo (5.3 
percent of all small mesh multispecies fishery participants) would be 
operating at negative profit under the year 4 default measure. It is 
assumed such vessels would cease operations as a result of their 
negative profit.
    The impact of the proposed action would not be distributed evenly 
among vessels or sectors of the industry. Impacts of the proposed 
management action would be the greatest on the communities that depend 
most heavily on small mesh multispecies fisheries. Most of the effort 
in the small mesh fisheries and resulting landings are from vessels 
based in Rhode Island, New York, and New Jersey. Therefore, with 
management measures designed to reduce effort and landings, vessels 
fishing from these states would experience the effects of the

[[Page 49431]]

management measures to the greatest extent. Compared to the status quo, 
however, industry may realize much greater benefits in the long term as 
stocks of small mesh species recover, and value of the species 
increases as a result of the proposed management measures.
    An analysis of the management measures in an open access fishery 
was also conducted. Although it is likely that current numbers of 
vessels permitted to fish for small mesh multispecies would remain at 
current levels or slightly increase, it is uncertain what the actual 
level of participation, effort and catch levels will result. However, 
vessels that would have qualified for the limited access permits would 
remain subject to greater restrictions and therefore would be equally 
impacted under a limited access or open access fishery. Vessels that 
would have been excluded from the limited access fishery would likely 
recognize greater profitability as a result of an open access system 
over the short-term. Therefore, because the open access fishery would 
result in increased profitability for some small entities when compared 
to the limited access permit program, NMFS determines that the 
management measures in an open access system would have a reduced 
negative impact on small entities.
    Other measures proposed in this amendment, including minimum mesh 
and possession limit enrollment programs (not including the direct 
reductions of catch and landings caused by minimum mesh sizes and 
possession limits), codend specifications, the net strengthener 
provision, and the transfer at sea provision have no quantifiable 
economic impact. However, these measures are expected to have minimal 
economic impact on participating vessels because they would not result 
in the loss of catch or landings and would allow continued flexibility.
    Alternatives Considered But Rejected by the Council
    1. The Council considered a ``no action'' alternative that would 
result in no changes to the current measures under the Northeast 
Multispecies FMP. The no action alternative was rejected because it 
would not fulfill the requirements of the Sustainable Fisheries Act 
with respect to overfished stocks. Further, evaluations of biological, 
social, and economic impacts suggest that the proposed management 
measures would result in greater, long-term benefits to the industry.
    2. The Council considered various management measures specific to 
northern, southern, and the Cultivator Shoal Whiting Fishery areas, 
using the boundary between the Gulf of Maine/Georges Bank and the 
Southern New England Regulated Mesh Areas to differentiate between the 
northern and southern areas. Management measures that were considered 
included minimum mesh sizes, eastern and western zone delineation in 
the southern area, and possession limits based on mesh size, areas 
fished, seasons, and vessel size. While the Council maintained the 
Cultivator Shoal Whiting Fishery exemption area, it rejected further 
delineation because it felt that area-specific measures would be 
unnecessary with simplified and uniform management measures for all 
areas, except the Cultivator Shoal Whiting exemption area.
    3. Seasonal restrictions, including a reduction of the current 
season, were considered by the Council for management measures for the 
Cultivator Shoal Whiting Fishery. The Council had considered reducing 
the season of the fishery by 2 months by eliminating June and October 
from the allowed season. In addition, various possession limits and 
participation restrictions were considered. While Amendment 12 proposes 
a 1-month reduction of the season that eliminates the month of October, 
the elimination of the June portion was rejected. Public comment during 
the public hearing stage suggested that landings from the fishery in 
June are of high value because of the lack of other available fish or 
allowed whiting fisheries. The possession limits and other 
restrictions, other than the proposed measures in this rule, were 
rejected for consideration in Amendment 12 because they were too 
complex or not feasible. The Council felt that, while the low 
possession limits would ensure that fishing mortality goals relative to 
the Cultivator Shoal area would be reached quickly, vessels would not 
be able to profit from trips to the Cultivator Shoal area with low 
possession limits.
    4. The Council considered three options for possible transfers of 
small mesh multispecies at sea. One measure would prohibit transfers; a 
second would allow unlimited transfers; and a third would allow vessels 
to transfer limited amounts of small mesh multispecies. The Council 
rejected the prohibition of transfers because it would not allow the 
needed flexibility in the industry. The unlimited transfer at sea 
option was also rejected because it would compromise the effectiveness 
of the possession limits it was developing.
    5. The Council considered implementing minimum fish sizes for 
whiting, but rejected the idea due to the likelihood that measuring 
whiting would be impractical and difficult to enforce given the high-
volume nature of the fishery and that whiting is a highly perishable 
product.
    6. The Council considered spawning season closures to protect 
spawning stocks of whiting and red hake, but rejected the measure 
because spawning data for whiting are incomplete. The data that are 
available suggest that existing large mesh measures in the Northeast 
Multispecies FMP provide protection for known spawning fish.
    NMFS seeks comments regarding the IRFA. Copies of the IRFA are 
available from the Council (see ADDRESSES).

Paperwork Reduction Act

    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 unless that collection of information 
displays a currently valid OMB control number.
    This proposed rule contains three new collection-of-information 
requirements subject to the Paperwork Reduction Act and have been 
submitted to OMB for approval. This proposed rule also repeats an 
existing requirement that has been approved by OMB under control number 
0648-0202. The public reporting burden for these collection-of-
information requirements is indicated in the parentheses in the 
following statements and includes the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Public comment is sought regarding whether the proposed collection-of-
information requirements are necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimates; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including the use of automated collection techniques or 
other forms of information technology. Send comments regarding these 
reporting burden estimates or any other aspects of the collection of 
information, including suggestions for reducing the burden, to NMFS and 
OMB (see ADDRESSES).
    The new requirements are:
    Call-in to NMFS Region for Enrollments for Authorization Letter to 
Transfer at Sea, (2 minutes/response);

[[Page 49432]]

    Written Receipt for At-Sea Transfers of Small mesh Multispecies, (1 
minute/response);
    Call-in to NMFS Region for Enrollments for Mesh Size/ Possession 
Limit Authorization Letter, (2 minutes/response).
    The repeated existing requirement is:
    Call in to NMFS Region for Enrollment for the Cultivator Shoal 
Whiting Fishery Authorization Letter, (2 minutes/response).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 1, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons stated 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 ``Nonregulated multispecies'' 
is removed, the definitions for ``Dealer'' and ``Northeast (NE) 
multispecies or multispecies'' are revised, and the definitions for 
``Small mesh multispecies'' and ``Whiting Monitoring Committee (WMC)'' 
are added to read as follows:


Sec. 648.2  Definitions.

* * * * *
    Dealer means any person who receives, for a commercial purpose 
(other than solely for transport on land), from the owner or operator 
of a vessel issued a valid permit under this part, any species of fish, 
the harvest of which is managed by this part, unless otherwise exempted 
in this part.
* * * * *
    Northeast (NE) multispecies or multispecies means the following 
species:
    American plaice- Hippoglossoides platessoides.
    Atlantic cod- Gadus morhua.
    Haddock- Melanogrammus aeglefinus.
    Ocean Pout- Macrozoarces americanus.
    Offshore Hake- Merluccius albidus.
    Pollock- Pollachius virens.
    Redfish- Sebastes fasciatus.
    Red hake- Urophycis chuss.
    Silver hake (whiting)- Merluccius bilinearis.
    White hake- Urophycis tenuis.
    Windowpane flounder- Scophthalmus aquosus.
    Winter flounder- Pleuronectes americanus.
    Witch flounder- Glyptocephalus cynoglossus.
    Yellowtail flounder- Limanda ferruginea.
* * * * *
    Small mesh multispecies means the subset of Northeast multispecies 
that includes silver hake, offshore hake, and red hake.
* * * * *
    Whiting Monitoring Committee (WMC) means a team appointed by the 
NEFMC to review, analyze, and recommend adjustments to the management 
measures addressing small mesh multispecies. The team consists of staff 
from the NEFMC and MAFMC, NMFS Northeast Regional Office, the NEFSC, 
the USCG, at least one industry representative from each geographical 
area (northern New England, southern New England, and the Mid-
Atlantic), and no more than two representatives, appointed by the 
Commission, from affected states.
    3. In Sec. 648.4, paragraph (a)(1)(ii) is revised to read as 
follows:


Sec. 648.4  Vessel and individual commercial permits.

    (a) * * *
    (1) * * *
    (ii) Open access permits. A vessel of the United States that has 
not been issued a limited access multispecies permit is eligible for 
and may be issued an ``open access multispecies'', ``handgear'', or 
``charter/party'' permit and may fish for, possess on board, and land 
multispecies finfish subject to the restrictions in Sec. 648.88. A 
vessel that has been issued a valid limited access scallop permit, but 
that has not been issued a limited access multispecies permit, is 
eligible for and may be issued an open access scallop multispecies 
possession limit permit and may fish for, possess on board, and land 
multispecies finfish subject to the restrictions in Sec. 648.88. The 
owner of a vessel issued an open access permit may request a different 
open access permit category by submitting an application to the 
Regional Administrator at any time.
* * * * *
    4. In Sec. 648.6, paragraph (a) is revised to read as follows:


Sec. 648.6  Dealer/processor permits.

    (a) General. All NE multispecies, sea scallop, summer flounder, 
surf clam and ocean quahog dealers, and surf clam and ocean quahog 
processors must have been issued under this section, and have in their 
possession, a valid permit for these species. As of January 1, 1997, 
all mackerel, squid, and butterfish dealers and all scup dealers, and, 
as of June 1, 1997, all black sea bass dealers must have been issued 
under this section, and have in their possession, a valid permit for 
these species. As of [insert the date the final rule is effective], 
persons on board vessels receiving small mesh multispecies at sea for 
use exclusively as bait are deemed not to be dealers for purposes of 
receiving such small mesh multispecies and are not required to possess 
a valid dealer's permit under this section, provided the vessel 
complies with the provisions specified under Sec. 648.13.
* * * * *
    5. In Sec. 648.13, paragraph (b) is revised and paragraph (e) is 
added to read as follows:


Sec. 648.13  Transfers at sea.

* * * * *
    (b)(1) Except as provided in paragraph (b)(2) of this section, 
vessels issued a multispecies permit under Sec. 648.4(a)(1) or a 
scallop permit under Sec. 648.4(a)(2) are prohibited from transferring 
or attempting to transfer any fish from one vessel to another vessel, 
except that vessels issued a Federal multispecies permit under 
Sec. 648.4(a)(1) and specifically authorized in writing by the Regional 
Administrator to do so, may transfer species other than regulated 
species from one vessel to another vessel.
    (2) Vessels issued a Federal multispecies permit under 
Sec. 648.4(a)(1) may transfer only up to 500 lb (226.8 kg) of combined 
small mesh multispecies per trip for use as bait from one vessel to 
another, provided:
    (i) The transferring vessel possesses a Federal multispecies permit 
as specified under Sec. 648.4(a)(1);
    (ii) The transferring vessel has a letter of authorization issued 
by the Regional Administrator on board; and
    (iii) The receiving vessel possesses a written receipt for any 
small mesh multispecies purchased at sea.
* * * * *
    (e) Vessels issued a letter of authorization from the Regional 
Administrator to transfer small mesh multispecies at sea for use as 
bait will automatically have 500 lb (226.8 kg) deducted from the 
vessel's combined silver hake and offshore hake possession limit, as 
specified under Sec. 648.86(c), for every trip during the participation 
period specified on the letter of authorization, regardless of whether 
or not a transfer of small mesh multispecies at sea occurred or whether 
or not the actual amount that was transferred was less than 500 lb 
(226.8 kg). This deduction will be noted on the

[[Page 49433]]

transferring vessel's letter of authorization from the Regional 
Administrator.
* * * * *
    6. In Sec. 648.14, paragraphs (a)(42), (a)(43), (b), (c) 
introductory text, (c)(7) and (t) are revised, and paragraphs 
(x)(4)(iii) and (z) are added to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (42) Fish within the areas described in Sec. 648.80(a)(4) with nets 
of mesh smaller than the minimum size specified in Sec. 648.80(a)(2) or 
Sec. 648.80(a)(4)(i)(B), and unless the vessel is issued and possesses 
on board an authorizing letter issued under Sec. 648.80(a)(4)(i).
    (43) Violate any of the provisions of Sec. 648.80, including 
paragraphs (a)(3), the small mesh Northern shrimp fishery exemption 
area; (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.
* * * * *
    (b) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it 
is unlawful for any person owning or operating a vessel holding a 
multispecies permit, issued an operator's permit, or issued a letter 
under Sec. 648.4(a)(1)(i)(M)(3), to land, or possess on board a vessel, 
more than the possession or landing limits specified in 
Sec. 648.86(a),(b) and (c) or to violate any of the other provisions of 
Sec. 648.86, unless otherwise specified in Sec. 648.17.
    (c) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a limited access multispecies permit or a letter under 
Sec. 648.4(a)(1)(i)(M)(3), unless otherwise specified in Sec. 648.17 to 
do any of the following:
* * * * *
    (7) Possess or land per trip more than the possession or landing 
limits specified under Sec. 648.86(a), (b), (c), (d) and under 
Sec. 648.82(b)(3), if the vessel has been issued a limited access 
multispecies permit.
* * * * *
    (t) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) through (h) of this 
section, it is unlawful for any person owning or operating a vessel 
issued an open access multispecies permit to possess or land any 
regulated species as defined in Sec. 648.2, or to violate any 
applicable provisions of Sec. 648.88, unless otherwise specified in 
Sec. 648.17.
* * * * *
    (x) * * *
    (4) * * *
    (iii) All small mesh multispecies retained or possessed on a vessel 
issued any permit under Sec. 648.4 are deemed to have been harvested 
from the EEZ.
* * * * *
    (z) Small mesh multispecies. (1) In addition to the general 
prohibitions specified in Sec. 600.725 of this chapter and in paragraph 
(a) of this section, and subject to paragraph (a)(32) of this section 
it is unlawful for any person owning or operating a vessel issued a 
Federal multispecies permit to land, offload, or otherwise transfer, or 
attempt to land, offload, or otherwise transfer, small mesh 
multispecies from one vessel to another in excess of the limits 
specified in Sec. 648.13, unless both vessels fish exclusively in state 
waters and neither vessel has been issued a multispecies permit.
    (2) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, 
beginning May 1, 2002, it is unlawful for any vessel to do any of the 
following:
    (i) Fish with, use or have available for immediate use within the 
areas described in Secs. 648.80(a), (b) and (c), nets of mesh whose 
size is smaller than 3-in (7.62-cm), unless otherwise exempted pursuant 
to Sec. 648.80(a)(7) or unless the vessel has not been issued a permit 
under Sec. 648.4 and fishes exclusively in state waters.
    (ii) If issued a Federal multispecies permit, land, or possess on 
board a vessel, more than 10,000 lb (4,536 kg) of combined whiting and 
offshore hake.
    7. In Sec. 648.80, paragraphs (a)(3)(i), (a)(4)(i)(A) through 
(a)(4)(i)(D), (a)(7), (a)(8)(i), (a)(9)(i)(D), (b)(3)(i), (c)(4), 
(g)(1) and (g)(2)(i) are revised, and (a)(4)(i)(E) through 
(a)(4)(i)(G), and (g)(4) are added to read as follows:


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

* * * * *
    (a) * * *
    (3) * * *
    (i) Restrictions on fishing for, possessing, or landing fish other 
than shrimp. (A) Until May 1, 2002, a vessel fishing in the northern 
shrimp fishery described in this section under this exemption may not 
fish for, possess on board, or land any species of fish other than 
shrimp, except for the following, with the restrictions noted, as 
allowable incidental species: Longhorn sculpin; combined silver hake 
and offshore hake--up to an amount equal to the total weight of shrimp 
possessed on board or landed, not to exceed 3,500 lb (1,588 kg); and 
American lobster--up to 10 percent, by weight, of all other species on 
board or 200 lobsters, whichever is less. Silver hake and offshore hake 
on board a vessel subject to this possession limit must be separated 
from other species of fish and stored so as to be readily available for 
inspection.
    (B) Beginning May 1, 2002, a vessel fishing for Northern shrimp may 
not fish for, possess on board, or land any species of fish other than 
shrimp, except for the following, with the restrictions noted, as 
allowable incidental species: Longhorn sculpin; combined silver hake 
and offshore hake--up to 100 lb (45.36 kg); and American lobster--up to 
10 percent, by weight, of all other species on board or 200 lobsters, 
whichever is less.
* * * * *
    (4) * * *
    (i) * * *
    (A) A vessel fishing in the Cultivator Shoal Whiting Fishery under 
this exemption must have a letter of authorization issued by the 
Regional Administrator on board and is subject to the following:
    (B) Until May 1, 2002, a vessel participating in this fishery may 
not fish for, possess on board, or land any species of fish other than 
whiting and offshore hake combined--up to a maximum of 30,000 lb 
(13,608 kg), except for the following, with the restrictions noted, as 
allowable incidental species: Herring; longhorn sculpin; squid; 
butterfish; mackerel; dogfish, and red hake--up to 10 percent each, by 
weight, of all other species on board; monkfish and monkfish parts--up 
to 10 percent, by weight, of all other species on board or up to 50 lb 
(23 kg) tail-weight/166 lb (75 kg) whole-weight of monkfish per trip, 
as specified in Sec. 648.94(c)(4), whichever is less; and American 
lobster--up to 10 percent, by

[[Page 49434]]

weight, of all other species on board or 200 lobsters, whichever is 
less.
    (C) Beginning May 1, 2002, a vessel fishing in the Cultivator Shoal 
Whiting Fishery is subject to the mesh size restrictions specified in 
paragraph (a)(4)(i)(D) of this section and may not fish for, possess on 
board, or land any species of fish other than whiting and offshore hake 
combined--up to a maximum of 10,000 lb (4,536 kg), except for the 
allowable incidental species listed in paragraph (a)(4)(i)(B) of this 
section.
    (D) All nets must comply with a minimum mesh size of 3 in (7.62 cm) 
square or diamond mesh applied to the first 100 meshes (200 bars in the 
case of square mesh) counted from the terminus of the net for vessels 
greater than 60 ft (18.28 m) in length and the first 50 meshes (100 
bars in the case of square mesh) counted from the terminus of the net 
for vessels less than or equal to 60 ft (18.28 m) in length.
    (E) Fishing is confined to a season of June 15 through September 
30, unless otherwise specified by notification in the Federal Register.
    (F) When transiting through the GOM/GB Regulated Mesh Area 
specified under paragraph (a)(1) of this section, any nets with a mesh 
size smaller than the minimum mesh specified in paragraph (a)(2) of 
this section must be stowed in accordance with one of the methods 
specified in Sec. 648.23(b), unless the vessel is fishing for small 
mesh multispecies under another exempted fishery specified in paragraph 
(a) of this section during the course of the trip.
    (G) A vessel participating in the Cultivator Shoal Fishery may fish 
for small mesh multispecies in exempted fisheries outside of the 
Cultivator Shoal Whiting Fishery Exemption Area, provided that the 
vessel complies with the requirements specified in paragraph (a)(4)(i) 
of this section for the entire trip.
* * * * *
    (7) Addition or deletion of exemptions--(i)(A) Regulated 
multispecies. An exemption may be added in an existing fishery for 
which there are sufficient data or information to ascertain the amount 
of regulated species bycatch, if the Regional Administrator, after 
consultation with the NEFMC, determines that the percentage of 
regulated species caught as bycatch is, or can be reduced to, less than 
5 percent, by weight, of total catch and that such exemption will not 
jeopardize fishing mortality objectives. In determining whether 
exempting a fishery may jeopardize meeting fishing mortality 
objectives, the Regional Administrator may take into consideration 
various factors including, but not limited to, juvenile mortality. A 
fishery can be defined, restricted, or allowed by area, gear, season, 
or other means determined to be appropriate to reduce bycatch of 
regulated species. An existing exemption may be deleted or modified if 
the Regional Administrator determines that the catch of regulated 
species is equal to or greater than 5 percent, by weight, of total 
catch, or that continuing the exemption may jeopardize meeting fishing 
mortality objectives. Notification of additions, deletions or 
modifications will be made through issuance of a rule in the Federal 
Register.
    (B) Small mesh multispecies. Beginning May 1, 2002, an exemption 
may be added in an existing fishery for which there are sufficient data 
or information to ascertain the amount of small mesh multispecies 
bycatch, if the Regional Administrator, after consultation with the 
NEFMC, determines that the percentage of small mesh multispecies caught 
as bycatch is, or can be reduced to, less than 10 percent, by weight, 
of total catch and that such exemption will not jeopardize fishing 
mortality objectives. In determining whether exempting a fishery may 
jeopardize meeting fishing mortality objectives, the Regional 
Administrator may take into consideration various factors including, 
but not limited to, juvenile mortality. A fishery can be defined, 
restricted, or allowed by area, gear, season, or other means determined 
to be appropriate to reduce bycatch of small mesh multispecies. An 
existing exemption may be deleted or modified if the Regional 
Administrator determines that the catch of regulated species is equal 
to or greater than 10 percent, by weight, of total catch, or that 
continuing the exemption may jeopardize meeting fishing mortality 
objectives. Notification of additions, deletions, or modifications will 
be made through issuance of a rule in the Federal Register.
    (ii) The NEFMC may recommend to the Regional Administrator, through 
the framework procedure specified in Sec. 648.90(b), additions or 
deletions to exemptions for fisheries, either existing or proposed, for 
which there may be insufficient data or information for the Regional 
Administrator to determine, without public comment, percentage catch of 
regulated species or small mesh multispecies.
    (8) * * *
    (i)(A) Unless otherwise prohibited in Sec. 648.81, until May 1, 
2002, a vessel 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 paragraphs (a)(3)(ii) or (a)(8)(iv) of this 
section from July 15 through November 15 when fishing in Small Mesh 
Area 1 and from January 1 through June 30 when fishing in Small Mesh 
Area 2. A vessel may not fish for, possess on board, or land any 
species of fish other than: Silver hake and offshore hake, butterfish, 
dogfish, herring, mackerel, ocean pout, scup, squid 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 or up to 50 lb (23 kg) tail-
weight/166 lb (75 kg) whole-weight of monkfish per trip, as specified 
in Sec. 648.94(c)(4), whichever is less; and American lobster--up to 10 
percent, by weight, of all other species on board or 200 lobsters, 
whichever is less.
    (B) Unless otherwise prohibited in Sec. 648.81, beginning May 1, 
2002, in addition to the requirements specified in paragraph 
(a)(8)(i)(A) of this section, vessels are subject to the mesh size 
restrictions specified in paragraph (a)(4)(i)(D) of this section and 
may not fish for, possess on board, or land any species of fish other 
than: Silver hake and offshore hake--up to 10,000 lb (4,536 kg), 
butterfish, dogfish, herring, mackerel, ocean pout, scup, squid 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 or up to 50 lb (23 kg) tail-
weight/166 lb (75 kg) whole-weight of monkfish per trip, as specified 
in Sec. 648.94(c)(4), whichever is less; and American lobster--up to 10 
percent, by weight, of all other species on board or 200 lobsters, 
whichever is less.
    (C) Small mesh areas 1 and 2 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'

[[Page 49435]]

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

* * * * *
    (9) * * *
    (i) * * *
    (D)(1) Until May 1, 2002, the following species may be retained, 
with the restrictions noted, as allowable incidental species in the 
Nantucket Shoals Dogfish Fishery Exemption Area: Longhorn sculpin; 
silver hake--up to 200 lb (90.72 kg); monkfish and monkfish parts--up 
to 10 percent, by weight, of all other species on board or up to 50 lb 
(23 kg) tail-weight/166 lb (75 kg) whole-weight of monkfish per trip, 
as specified in Sec. 648.94(c)(4), whichever is less; American 
lobster--up to 10 percent, by weight, of all other species on board or 
200 lobsters, whichever is less; and skate or skate parts--up to 10 
percent, by weight, of all other species on board.
    (2) Beginning May 1, 2002, vessels are subject to the mesh size 
restrictions specified in paragraph (a)(4)(i)(D) of this section and 
may retain the allowable incidental species listed in paragraph 
(a)(9)(i)(D)(1) of this section.
* * * * *
    (b) * * *
    (3) * * *
    (i) Species exemptions. (A) Until May 1, 2002, vessels subject to 
the minimum mesh size restrictions specified in paragraph (b)(2) of 
this section may fish for, harvest, possess, or land butterfish, 
dogfish (trawl only), herring, mackerel, ocean pout, scup, shrimp, 
squid, summer flounder, silver hake and offshore hake, and weakfish 
with nets of a mesh size smaller than the minimum size specified in the 
SNE Regulated Mesh Area, provided such vessels comply with requirements 
specified in paragraph (b)(3)(ii) of this section and with the mesh 
size and possession limit restrictions specified under Sec. 648.86(c).
    (B) Beginning May 1, 2002, vessels subject to the minimum mesh size 
restrictions specified in paragraph (b)(2) of this section may not use 
nets with mesh size less than 3 in (7.62 cm), unless exempted pursuant 
to paragraph (b)(4) of this section, and may fish for, harvest, 
possess, or land butterfish, dogfish (trawl only), herring, mackerel, 
ocean pout, scup, shrimp, squid, summer flounder, silver hake and 
offshore hake - up to 10,000 lb (4,536 kg), and weakfish with nets of a 
mesh size smaller than the minimum size specified in the SNE Regulated 
Mesh Area, provided such vessels comply with requirements specified in 
paragraph (a)(4)(i)(D) and (b)(3)(ii) of this section and with the mesh 
size and possession limit restrictions specified under Sec. 648.86.
* * * * *
    (c) * * *
    (4) Addition or deletion of exemptions. Same as paragraph (a)(7) of 
this section.
* * * * *
    (g) Restrictions on gear and methods of fishing--(1) Net 
obstruction or constriction. Except as provided in paragraph (g)(4) of 
this section, a fishing vessel shall not use any device or material, 
including, but not limited to, nets, net strengtheners, ropes, lines, 
or chafing gear, on the top of a trawl net subject to minimum mesh size 
restrictions except that one splitting strap and one bull rope (if 
present), consisting of line and rope no more than 3 in (7.62 cm) in 
diameter, may be used if such splitting strap and/or bull rope does not 
constrict in any manner the top of the trawl net. ``The top of the 
trawl net'' means the 50 percent of the net that (in a hypothetical 
situation) would not be in contact with the ocean bottom during a tow 
if the net were laid flat on the ocean floor. For the purpose of this 
paragraph, head ropes are not considered part of the top of the trawl 
net.
    (2) * * * (i) Except as provided in paragraph (g)(4) of this 
section, a fishing vessel may not use any mesh configuration, mesh 
construction, or other means on or in the top of the net subject to 
minimum mesh size restrictions, as defined in paragraph (g)(1) of this 
section, if it obstructs the meshes of the net in any manner.
* * * * *
    (4) Net strengthener restrictions when fishing for small mesh 
multispecies. A vessel fishing for small mesh multispecies in the GOM/
GB, SNE, or MA Regulated Mesh Areas as defined in paragraphs (a), (b), 
and (c) of this section with nets of mesh size smaller than 2.5-in 
(6.35-cm) may use a net strengthener provided that the net strengthener 
complies with the provisions specified under Sec. 648.23(d).
* * * * *
    8. In Sec. 648.86, paragraphs (c) and (d) are redesignated as 
paragraphs (e) and (f) respectively and new paragraphs (c) and (d) are 
added to read as follows:


Sec. 648.86  Possession restrictions.

* * * * *
    (c) Small mesh multispecies until May 1, 2002. (1) Vessels issued a 
valid Federal multispecies permit specified under Sec. 648.4(a)(1) are 
subject to the following possession limits for small mesh multispecies:
    (i) Mesh size smaller than 2.5 in (6.35 cm) and vessels without a 
letter of authorization. Vessels fishing for, in possession of, or 
landing small mesh multispecies with nets, or with nets on board that 
have not been properly stowed, of mesh size smaller than 2.5 in (6.35 
cm), and, vessels which have not been issued a letter of authorization 
pursuant to paragraph (c)(1)(ii) or (c)(1)(iii) of this section may 
possess on board and land up to only 3,500 lb (1,588 kg) of combined 
silver hake and offshore hake. Silver hake and offshore hake on board a 
vessel subject to this possession limit must be separated from other 
species of fish and stored so as to be readily available for 
inspection. The vessel is subject to applicable restrictions on gear, 
area, and time of fishing specified in Sec. 648.80 and any other 
applicable provision of this part.
    (ii) Mesh size 2.5 in (6.35 cm) or greater. Vessels fishing for, in 
possession of, or landing small mesh multispecies may possess on board 
and land up to only 7,500 lb (3,402 kg) of combined silver hake and 
offshore hake when fishing with nets with a minimum mesh size of 2.5 in 
(6.35 cm) provided the vessel has a letter of authorization issued by 
the Regional Administrator as described in paragraph (c)(2) of this 
section requiring mesh size of at least 2.5 in (6.35 cm) to be used and 
provided that any nets of mesh size smaller than 2.5 in (6.35 cm) have 
not been used to catch such fish and are properly stowed pursuant to 
Sec. 648.81(e). Silver hake and offshore hake on board a vessel subject 
to this possession limit must be separated from other species of fish 
and stored so as to be readily available for inspection. The vessel is 
subject to applicable restrictions on gear, area, and time of fishing 
specified in Sec. 648.80 and any other applicable provision of this 
part.
    (iii) Mesh size of 3 in (7.62 cm) or greater. Vessels fishing for, 
in possession of, or landing small mesh multispecies may possess on 
board and land up to only 30,000 lb (13,608 kg) of

[[Page 49436]]

combined silver hake and offshore hake when fishing with nets with a 
minimum mesh size of 3 in (7.62 cm) provided the vessel has a letter of 
authorization issued by the Regional Administrator as described in 
paragraph (c)(2) of this section requiring mesh size of at least 3 in 
(7.62 cm) to be used and provided that any nets of mesh size smaller 
than 3 in (7.62 cm) have not been used to catch such fish and are 
properly stowed pursuant to Sec. 648.81(e). Silver hake and offshore 
hake on board a vessel subject to this possession limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection. The vessel is subject to applicable 
restrictions on gear, area, and time of fishing specified in 
Sec. 648.80 and any other applicable provision of this part.
    (2) Letter of authorization. Vessels fishing pursuant to paragraphs 
(c)(1)(ii) or (c)(1)(iii) of this section must carry a letter of 
authorization to fish in the minimum mesh size/possession limit 
category on board the vessel. To request a letter of authorization, 
vessel owners must call the Northeast Region Permit Office during 
normal business hours and provide the vessel name, owner name, permit 
number, the desired mesh size/possession limit category and the period 
of time that the vessel would be enrolled. Since letters of 
authorization would be effective on the date of receipt, vessel owners 
should allow appropriate processing and mail time. Enrollment must be a 
minimum of 30 days. To withdraw from a category, vessel owners must 
call the Northeast Region Permit Office. Withdrawals would be effective 
upon date of request. Withdrawals may occur after a minimum of 7 days 
of enrollment in which case vessel owners may not re-enroll the vessel 
in any mesh size/possession limit category until 30 days from the 
original enrollment period have passed and are subject to a silver hake 
and offshore hake possession limit of 3,500 lb (1,588 kg) regardless of 
the mesh size in use. For example, if a vessel owner enrolls in the 3-
in (7.62 cm) mesh/30,000 (13,608 kg) lb possession limit category which 
is effective October 1 and chooses November 30 as the end date but 
withdraws on October 7 and enrolls in the possession limit category, 
the vessel may not be re-enrolled in the 2.5-in (6.35 cm)/ 7,500 lbs 
(3,402 kg) or 3-in mesh/30,000 lb (13,608 kg) possession limit category 
until October 31.
    (3) Possession limit for vessels participating in the Northern 
shrimp fishery. Vessels participating in the Small mesh Northern Shrimp 
Fishery exemption, as described in Sec. 648.80(a)(3) and issued a valid 
Federal multispecies permit specified under Sec. 648.4(a)(1) may 
possess and land silver hake and offshore hake, combined, up to an 
amount equal to the weight of shrimp on board, not to exceed 3,500 lb 
(1,588 kg). Silver hake and offshore hake on board a vessel subject to 
this possession limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
    (4) Possession restriction for vessels electing to transfer small 
mesh multispecies at sea. Vessels issued a valid Federal multispecies 
permit and issued a letter of authorization to transfer small mesh 
multispecies at sea according to the provisions specified in 
Sec. 648.13(b) will be subject to a combined silver hake and offshore 
hake possession limit which is 500 lb (226.8 kg) less than the 
possession limit the vessel would otherwise receive. This deduction 
will be noted on the transferring vessel's letter of authorization from 
the Regional Administrator.
    (d) Small mesh multispecies beginning on May 1, 2002--(1) Federal 
multispecies permit holders. A vessel issued a valid Federal 
multispecies permit specified under Sec. 648.4 (a)(1) may possess on 
board and land up to 10,000 lb (4,536 kg) of combined silver hake and 
offshore hake. Silver hake and offshore hake on board a vessel subject 
to this possession limit must be separated from other species of fish 
and stored so as to be readily available for inspection. The vessel is 
subject to restrictions on gear, area, and time of fishing specified in 
Sec. 648.80 and any other applicable provision of this part.
    (2) Possession limit for vessels participating in the Northern 
shrimp fishery. Vessels participating in the Small Mesh Northern Shrimp 
Fishery exemption, as described in Sec. 648.80(a)(3) and issued a valid 
Federal multispecies permit specified under Sec. 648.4(a)(1) may 
possess and land silver hake and offshore hake, combined, up to 100 lb 
(45.36 kg). Silver hake and offshore hake on board a vessel subject to 
this possession limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
    (3) Possession restriction for vessels electing to transfer small 
mesh multispecies at sea. Vessels issued a valid Federal multispecies 
permit and issued a letter of authorization to transfer small mesh 
multispecies at sea according to the provisions specified in 
Sec. 648.13(b) will be subject to a combined silver hake and offshore 
hake possession limit which is 500 lb (226.9 kg) less than the 
possession limit the vessel would otherwise receive. This deduction 
will be noted on the transferring vessel's letter of authorization from 
the Regional Administrator.
* * * * *
    9. In Sec. 648.90, paragraphs (a) introductory text, (a)(1) through 
(a)(4), and (b)(1) are revised to read as follows:


Sec. 648.90  Framework specifications.

    (a) Annual review. The Multispecies Monitoring Committee (MSMC) 
shall meet on or before November 15 of each year to develop target TACs 
for the upcoming fishing year and to develop options for NEFMC 
consideration on any changes, adjustments, or additions to DAS 
allocations, closed areas, or on other measures necessary to achieve 
the NE Multispecies FMP goals and objectives. For the year 2000 and 
thereafter, the MMC and the Whiting Monitoring Committee (WMC) shall 
meet separately on or before November 15 of each year to develop 
options for NEFMC consideration on any changes, adjustments, or on 
additions to DAS allocations, if applicable, closed areas or other 
measures necessary to achieve the NE Multispecies FMP goals and 
objectives.
    (1) The MSMC and WMC, as applicable, shall separately review 
available data pertaining to: Catch and landings, discards, DAS, and 
other measures of fishing effort, survey results, stock status, current 
estimates of fishing mortality, and any other relevant information.
    (2) Based on this review, the MSMC shall recommend target TACs and 
develop options necessary to achieve the FMP goals and objectives, 
which may include a preferred option. The WMC shall recommend 
management options necessary to achieve FMP goals and objectives 
pertaining to small mesh multispecies, which may include a preferred 
option. The MSMC and WMC must demonstrate through analyses and 
documentation that the options they develop are expected to meet the NE 
Multispecies FMP goals and objectives. The MSMC and WMC may review the 
performance of different user groups or fleet sectors in developing 
options. The range of options developed by the MSMC or WMC may include 
any of the management measures in the NE Multispecies FMP, including, 
but not limited to: Annual target TACs, which must be based on the 
projected fishing mortality levels required to meet the goals and 
objectives outlined in the NE Multispecies FMP for the 10 regulated 
species or small mesh multispecies; DAS changes; possession limits; 
gear

[[Page 49437]]

restrictions; closed areas; permitting restrictions; minimum fish 
sizes; recreational fishing measures; description and identification of 
essential fish habitat (EFH), fishing gear management measures to 
protect EFH, designation of habitat areas of particular concern within 
EFH; and any other management measures currently included in the NE 
Multispecies FMP. In addition, for the 2002 fishing year, the WMC must 
consider, and recommend as appropriate, management options other than 
the default measures for small mesh multispecies management (mesh and 
possession limit restrictions for small mesh multispecies beginning May 
1, 2002).
    (3) The NEFMC shall review the recommended target TACs recommended 
by the MSMC and all of the options developed by the MSMC and WMC, and 
other relevant information, consider public comment, and develop a 
recommendation to meet the NE Multispecies FMP objective pertaining to 
regulated species or small mesh multispecies that is consistent with 
other applicable law. If the NEFMC does not submit a recommendation 
that meets the NE Multispecies FMP objectives and is consistent with 
other applicable law, the Regional Administrator may adopt any option 
developed by the MSMC or WMC, unless rejected by the NEFMC, as 
specified in paragraph (a)(6) of this section, provided the option 
meets the NE Multispecies FMP objectives and is consistent with other 
applicable law.
    (4) Based on this review, the NEFMC shall submit a recommendation 
to the Regional Administrator of any changes, adjustments or additions 
to DAS allocations (if applicable), closed areas or other measures 
necessary to achieve the NE Multispecies FMP's goals and objectives. 
Included in the NEFMC's recommendation will be supporting documents, as 
appropriate, concerning the environmental and economic impacts of the 
proposed action and the other options considered by the NEFMC.
* * * * *
    (b) * * * (1) Adjustment process. (i) After a management action has 
been initiated, the Council shall develop and analyze appropriate 
management actions over the span of at least two Council meetings. The 
Council shall provide the public with advance notice of the 
availability of both the proposals and the analyses and opportunity to 
comment on them prior to and at the second Council meeting. The 
Council's recommendation on adjustments or additions to management 
measures, other than to address gear conflicts, must come from one or 
more of the following categories: DAS changes, effort monitoring, data 
reporting, possession limits, gear restrictions, closed areas, 
permitting restrictions, crew limits, minimum fish sizes, onboard 
observers, minimum hook size and hook style, the use of crucifiers in 
the hook-gear fishery, fleet sector shares, recreational fishing 
measures, area closures and other appropriate measures to mitigate 
marine mammal entanglements and interactions, description and 
identification of essential fish habitat (EFH), fishing gear management 
measures to protect EFH, designation of habitat areas of particular 
concern within EFH, and any other management measures currently 
included in the FMP. In addition, the Council's recommendation on 
adjustments or additions to management measures pertaining to small 
mesh multispecies, other than to address gear conflicts, must come from 
one or more of the following categories: Quotas and appropriate 
seasonal adjustments for vessels fishing in experimental or exempted 
fisheries that use small mesh in combination with a separator trawl/
grate (if applicable), modifications to separator grate (if applicable) 
and mesh configurations for fishing for small mesh multispecies, 
adjustments to whiting stock boundaries for management purposes, 
adjustments for fisheries exempted from minimum mesh requirements to 
fish for small mesh multispecies (if applicable), season adjustments, 
declarations, and participation requirements for the Cultivator Shoal 
Whiting Fishery Exemption Area
    (ii) Adjustment process for Whiting TACs and DAS. The Council may 
develop recommendations for a Whiting DAS effort reduction program or a 
Whiting TAC through the framework process outlined in paragraph (c)(1) 
of this section only if these options are accompanied by a full set of 
public hearings that span the area affected by the proposed measures in 
order to provide adequate opportunity for public comment.
* * * * *
[FR Doc. 99-23488 Filed 9-10-99; 8:45 am]
BILLING CODE 3510-22-F