[Federal Register Volume 65, Number 159 (Wednesday, August 16, 2000)]
[Rules and Regulations]
[Pages 49942-49946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20847]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 000803226-0226-01; I.D. 070500D]
RIN 0648-AO15


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 35 to the Northeast 
Multispecies Fishery Management Plan

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement measures contained in 
Framework Adjustment 35 (Framework 35) to the Northeast Multispecies 
Fishery Management Plan (FMP) to exempt a fishery from the Gulf of 
Maine (GOM)/Georges Bank (GB) Regulated Mesh Area mesh size regulations 
and closed area restrictions. Framework 35 establishes an exempted 
small mesh whiting fishery in the GOM. The exempted fishery is 
authorized in an area near Provincetown, MA, from September 1 through 
November 20 each year, and requires the use of raised footrope trawl 
gear.

DATES: Effective September 1, 2000.

ADDRESSES: Copies of the Framework 35 document, its Regulatory Impact 
Review (RIR), the Environmental Assessment, and other supporting 
documents for the framework adjustment are available from Paul J. 
Howard, Executive Director, New England Fishery Management Council, 50 
Water Street, Mill 2, Newburyport, MA 01950. These documents are also 
available online at http://www.nefmc.org.
    Comments regarding the collection-of-information requirements 
contained in this final rule should be sent to Patricia A. Kurkul, 
Regional Administrator, Northeast Region, 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: Peter Christopher, Fishery Policy 
Analyst, 978-281-9288.

SUPPLEMENTARY INFORMATION: The Northeast Multispecies regulations, at 
50 CFR 648.80(a)(7)(i)(A), specify that in order for any fishery to 
occur in the GOM/GB Regulated Mesh Area, it must be shown to have a 
bycatch of regulated multispecies that is less than 5 percent of the 
catch of all species. This regulation is intended to prevent the 
bycatch and discard of large amounts of regulated multispecies that 
could be caught in fisheries targeting other species. Small mesh bottom 
trawl fisheries are of particular concern because of the interactions 
of bottom fish, the limited selectivity of small mesh, and the high 
potential of regulated multispecies bycatch. However, to provide for 
the ability to conduct fisheries that have a bycatch of regulated 
multispecies that is low, the Northeast Multispecies regulations allow 
fisheries to occur if they can be proven to have less than 5 percent 
bycatch of regulated multispecies.
    In 1995, the Massachusetts Division of Marine Fisheries (MADMF) 
began testing the raised footrope trawl design with a single 
Provincetown otter trawl vessel in a small area in Cape Cod Bay to 
determine whether modified whiting trawl gear would sufficiently reduce 
bycatch of regulated multispecies. A raised footrope trawl was designed 
so that the mouth of the net fished above the ocean floor, thereby 
reducing bycatch of flatfish, lobster, and other bottom dwelling 
species while still catching species that remain above the

[[Page 49943]]

ocean floor, such as whiting. After developing a gear that successfully 
reduced bycatch of flatfish and caught whiting undamaged by bottom 
debris and hard-bodied, bottom dwelling species, the MADMF proceeded 
with an expansion of the fishery in 1996. From 1996 through 1999, the 
fishery was expanded to a maximum of 43 vessels. Expansion of the 
fishery allowed the MADMF to evaluate the effectiveness of the modified 
gear when used by a relatively large number of vessels. Enforceability 
of the gear requirements, fishermen's willingness to change gear 
specifications, and ease of adapting to and using the new gear were 
examined. In addition, expansion of the fishery provided the ability 
for the MADMF to collect significant amounts of data through observed 
fishing trips and vessel trip reports. Expansion to additional areas 
was also authorized by NMFS through experimental fisheries.
    In the fall of 1999, the MADMF requested that NMFS exempt the 
fishery based on the low bycatch rates of regulated multispecies, 
particularly flatfish. In order to meet the qualifications for an 
exempted fishery under the FMP, data collected from the experimental 
fishery must demonstrate that the fishery results in bycatch of 
regulated multispecies that is less than 5 percent, by weight, of the 
total catch and that such exemption will not jeopardize fishing 
mortality objectives (50 CFR 648.80(a)(7)(i)(A)). NMFS takes a 
conservative approach in applying the 5 percent criteria by requiring 
that it be met on a trip-by-trip basis as recommended by the New 
England Fishery Management Council (Council). NMFS informed the MADMF 
that because of the trip-by-trip requirement the fishery did not 
qualify for an exemption.
    Recognizing the success of the gear in dramatically reducing 
bycatch, the Council, at its January 18, 2000, meeting, initiated 
Framework 35 to establish the raised footrope trawl exempted small mesh 
whiting fishery based on the significant reductions of bycatch of 
regulated species encountered in the fishery.
    While the fishery has not met the trip-by-trip bycatch reductions, 
the overall reduction of regulated multispecies bycatch has been 
significant with the raised footrope trawl gear compared to landings 
and bycatch of regulated multispecies in regulated multispecies 
directed fisheries. The overall percentage of raised footrope trawl 
discards in 1999 compared to January through November 1999, landings in 
the directed regulated multispecies fisheries ranged from 2.2 percent 
(GOM winter flounder) to less than 0.01 percent. GOM cod bycatch in the 
1999 raised footrope trawl fishery represented approximately 0.93 
percent of the landings of cod in the directed regulated multispecies 
fishery from January through November 1999. In addition, bycatch of 
regulated multispecies in the 1999 raised footrope trawl fishery 
represented a relatively low percentage of overall regulated 
multispecies discards, ranging from 0.02 percent for witch flounder to 
5.95 percent for GOM cod. Also, the raised footrope trawl has 
demonstrated significant overall reductions in bycatch compared to 
traditional whiting trawl gear. In the area near Provincetown in 1997, 
for example, regulated flatfish bycatch with traditional whiting nets 
was approximately 66 lb (29.9 kg) per hour. With the raised footrope 
trawl, the bycatch rate was approximately 7 lb (3.18 kg) per hour--a 
reduction of approximately 89 percent. Results in 1998 and 1999 were 
similar. Since bycatch of cod and other roundfish was known to be a 
continued problem with the modified gear, the MADMF prosecuted the 
fishery in areas low in cod and other roundfish concentrations.
    During October and November, the area encompassed by this exempted 
fishery falls almost entirely within the October/November GOM rolling 
closure area (Rolling Closure V). Framework 35 allows the exempted 
fishery to operate within the closed area under a letter of 
authorization. Operation of this fishery in the closed area should not 
pose a threat to flatfish, but could pose a threat to cod if high 
concentrations are present. However, cod bycatch is not expected to be 
significant. First, the season for this exempted fishery is September 1 
through November 20. Historically, cod bycatch in the experimental 
raised footrope trawl fishery increased in November and cod bycatch 
after November 20 has represented 50 percent of the bycatch of cod for 
the entire experimental fishing season (September through December). 
Second, during the development of Framework 33 to the FMP, the 
Northeast Fishery Science Center (NEFSC) provided evidence that cod 
concentrations in the southern portion of block 124 (the portion of the 
closed area overlapped by the exempted area) is low. Cod concentrations 
appear to be approximately five times higher in the northwestern and 
west-central parts of block 124 (areas not overlapped by the proposed 
exempted fishery area), in the autumn, based on NEFSC trawl survey data 
from 1994 through 1998. Further, the use of exempted fishery 
authorization letters will allow NMFS to identify vessels participating 
in the fishery on a day-to-day basis, providing the ability for 
simplified monitoring of the fishery.
    Framework 35 establishes the exempted whiting raised footrope trawl 
fishery in an area in upper Cape Cod Bay. The exempted area is a 
modification of the areas authorized for previous experimental 
fisheries, but falls completely within the areas studied under the 
experiment. The exempted area is based on the highest concentrations of 
observed and reported fishing activity during the experimental 
fisheries.
    Requirements of the exempted fishery include gear specifications 
for the raised footrope trawl and bycatch restrictions. Gear 
restrictions include: minimum mesh size; prohibition on net 
strengtheners; headrope specifications including number and 
distribution of floats; ground gear (legs) specifications; footrope 
specifications; drop chain specifications (with an option for a 
sweepless net configuration); and chain-sweep specifications. Because 
Small Mesh Areas 1 and 2 in the GOM (already exempted fisheries) 
require the use of a raised footrope trawl, these specifications also 
apply in those areas, with the exception of the minimum mesh size and 
prohibition on net strengthener use. The only modifications to the 
current gear requirements in Small Mesh Areas 1 and 2 is an option to 
use a sweepless raised footrope trawl net and a change of the footrope 
length specification. The change to the footrope length is implemented 
through this framework to correct the regulations which mistakenly 
stated that the footrope must be at least 20 ft (6.1 m) longer than the 
headrope. To be consistent with the original design of the MADMF's net, 
the footrope must be no greater than 20 ft (6.1 m) longer than the 
headrope. Modifying the mesh size and strengthener requirements in 
Small Mesh Areas 1 and 2 is outside the scope of this framework.
    While enrolled in the raised footrope trawl whiting fishery, 
vessels are restricted to retaining only the following species: 
Whiting, offshore hake, red hake, butterfish, dogfish, herring, 
mackerel, scup, and squid, up to the amounts allowed by the regulations 
for each species. Retention of all other species is prohibited. Vessels 
fishing in the raised footrope trawl fishery may fish in other small 
mesh fisheries, but are subject to the most restrictive measures, 
regardless of where they are fishing.

[[Page 49944]]

Economic Impact Analysis

    The economic impacts of exempting the raised footrope trawl whiting 
fishery were analyzed in the RIR section of the Council's framework 
document and the supplement to that document. When compared to taking 
no action, implementation of the exempted fishery under Framework 35 is 
likely to generate approximately $1.25 million in revenues for vessels 
fishing primarily out of the ports of Gloucester and Provincetown, MA, 
based on 1997 through 1999 averages. Existing area closures, gear 
restrictions, and fishing effort controls would otherwise limit the 
potential participants. Other alternatives, such as gear modifications 
and additional areas, were considered throughout the development of the 
fishery and during the experimental fishery phase. However, the gear 
specifications included in this framework maximize flexibility of the 
industry while minimizing bycatch. Exemption in additional areas is not 
warranted due to insufficient information to determine bycatch levels. 
Framework 35 also results in minor modifications to the gear 
specifications in Small Mesh Areas 1 and 2. These modifications are 
expected to result in minimal costs to vessels. Vessels that fish in 
Small Mesh Areas 1 and 2 are already required to use raised footrope 
trawl gear and only minimal costs would be required to modify their 
existing gear, if any modifications need to be made at all.

Abbreviated Rulemaking

    NMFS is making these adjustments to the regulations under the 
framework abbreviated rulemaking procedure in 50 CFR part 648, subpart 
F. This procedure requires the Council, when making specifically 
allowed adjustments to the FMP, to develop and analyze the action over 
the span of at least two Council meetings where public comments are 
accepted. The Council must provide the public with advance notice of 
both the framework proposals and the associated analyses, and provide 
an opportunity to comment on them specifically prior to and at the 
second Council meeting. Upon review of the analyses and public 
comments, the Council may recommend to the Regional Administrator, 
Northeast Region (Regional Administrator), that the measures be 
published as a final rule, or as a proposed rule if additional public 
comment is necessary.
    The initial and final meetings for Framework 35 at which public 
comment was received were on January 18, 2000, and May 3, 2000, 
respectively. The Council also discussed the raised footrope whiting 
exempted fishery at previous meetings on other actions, including the 
Council meeting on November 16 through 19, 1999, the Council's 
Groundfish Committee on December 13, 1999, and January 14, 2000, and at 
the Groundfish Committee Advisory Panel meetings on December 13, 1999, 
and January 13, 2000. Documents summarizing the Council's proposed 
action and the analyses of biological, economic, and social impacts of 
this action and alternative actions were available for public review 1 
week prior to the final meeting, as is required under the framework 
adjustment process. No written comments were received.

Classification

    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.
    Notwithstanding any other provisions of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act (PRA), unless that 
collection of information displays a currently valid OMB control 
number.
    This final rule contains collection-of-information requirements 
subject to the PRA. These requirements have been approved by OMB. The 
OMB Control numbers and estimated response times are as follows:
    1. Call-in to NMFS Region for enrollment into Raised Footrope Trawl 
Exempted Whiting Fishery (Sec. 648.80(a)(14)(i)(A)) approved under 
0648-0422 at 2 minutes/response.
    2. Call-in to NMFS Region to withdraw from the Raised Footrope 
Trawl Exempted Whiting Fishery (Sec. 648.80(a)(14)(i)(A)) approved 
under 0648-0422 at 2 minutes/response.
    The estimated response times include the time needed for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding these burden 
estimates or any other aspect of the data requirements, including 
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553 et seq., or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Nevertheless, the socioeconomic impacts on 
affected small entities were considered in the EA/RIR contained in the 
supporting analyses for Framework 35 and the supplement to Framework 
35. The economic impacts are described in the SUPPLEMENTARY INFORMATION 
section of the preamble to this final rule.
    The Assistant Administrator for Fisheries, NOAA (AA), finds that, 
because public meetings held by the Council to discuss the management 
measures implemented by this final rule provided adequate prior notice 
and opportunity for public comment, further notice and opportunity to 
comment on this final rule is unnecessary. Therefore, the AA, under 5 
U.S.C. 553(b)(B), finds good cause exists to waive prior notice and 
additional opportunity for public comment.
    This final rule establishes an exempted small mesh whiting fishery 
in the Gulf of Maine and vessel operators who choose to participate in 
this fishery would be required to use a raised footrope trawl gear. 
Existing area closures, gear restrictions, and fishing effort controls 
would otherwise limit vessel operators from fishing for whiting in this 
area. Therefore, this action relieves a restriction, under 5 U.S.C. 
553(d)(1) and is not subject to a 30-day delay in effectiveness. This 
final rule also results in minor modifications to the gear 
specifications in Small Mesh Areas 1 and 2. Vessels that fish in these 
areas are already required to use raised footrope trawl gear. The minor 
modifications made by this rule will provide vessels with an option to 
use sweepless raised footrope trawl net and will clarify that the 
footrope may not be more than 20 ft longer than the headrope. By 
providing another gear option, this rule does not impose a restriction. 
Furthermore, complying with the clarified requirement that the footrope 
be no more than 20 ft longer than the headrope will require only a 
minimal amount of time. In addition, participation in the raised 
footrope trawl gear fishery is voluntary and vessel operators can 
choose whether or not to modify their gear, if necessary, to 
participate in this fishery. Therefore, it is not necessary to delay 
for 30 days implementation of the gear modification provisions 
associated with this final rule.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 11, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons stated in the preamble, 50 CFR part 648 is amended 
as follows:

[[Page 49945]]

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. 648.14, paragraphs (a)(35) and (a)(43) are revised to 
read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (35) Fish with, use, or have on board within the area described in 
Sec. 648.80(a)(1), nets with mesh size smaller than the minimum mesh 
size specified in Sec. 648.80(a)(2), except as provided in 
Sec. 648.80(a)(3) through (6), (a)(8), (a)(9), (a)(14), (d), (e), and 
(i), unless the vessel has not been issued a multispecies permit and 
fishes for NE multispecies exclusively in state waters, or unless 
otherwise specified in Sec. 648.17.
* * * * *
    (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 Shoal 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; (a)(14), the Raised Footrope Trawl Exempted Whiting 
Fishery; (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 provision of 
the paragraphs in Sec. 648.80 is a separate violation.

    3. In Sec. 648.80, paragraphs (a)(6)(iii)(C), (a)(8)(ii)(C) and (D) 
are revised and paragraph (a)(14) is added to read as follows:


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

* * * * *
    (a) * * *
    (6) * * *
    (iii) * * *
    (C) Vessels do not fish for, possess on board, or land any fish, 
except when fishing in the areas specified in paragraphs (a)(4), 
(a)(9), (a)(14), (b), and (c) of this section. Vessels may retain 
exempted small mesh species as provided in paragraphs (a)(4)(i), 
(a)(9)(i), (a)(14)(i), (b)(3), and (c)(3) of this section.
* * * * *
    (8) * * *
    (ii) * * *
    (C) The footrope must be longer than the length of the headrope, 
but not more than 20 ft (6.1 m) longer than the length of the headrope. 
The footrope must be rigged so that it does not contact the ocean 
bottom while fishing.
    (D) The raised footrope trawl may be used with or without a chain 
sweep. If used without a chain sweep, the drop chains must be a maximum 
of 3/8 inch (0.95 cm) diameter bare chain and must be hung from the 
center of the footrope and each corner (the quarter, or the junction of 
the bottom wing to the belly at the footrope). Drop chains must be hung 
at intervals of 8 ft (2.4 m) along the footrope from the corners to the 
wing ends. If used with a chain sweep, 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 drop 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, including drop chains, must be made entirely of 
bare chain with a maximum diameter of 5/16 inch (0.8 cm). No wrapping 
or cookies are allowed on the drop chains or sweep. The total length of 
the sweep must be at least 7 ft (2.1 m) longer than the total length of 
the footrope, or 3.5 ft (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 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 
intervals of 8 ft (2.4 m) 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 ft (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.
* * * * *
    (14) Raised Footrope Trawl Exempted Whiting Fishery. Vessels 
subject to the minimum mesh size restrictions specified in paragraph 
(a)(2) of this section may fish with, use, or possess nets in the 
Raised Footrope Trawl Whiting Fishery area with a mesh size smaller 
than the minimum size specified, if the vessel complies with the 
requirements specified in paragraph (a)(14)(i) of this section. The 
Raised Footrope Trawl Whiting Fishery area (copies of a map depicting 
the area are available from the Regional Administrator upon request) is 
defined by straight lines connecting the following points in the order 
stated:

                              RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA
----------------------------------------------------------------------------------------------------------------
                             Point                                      N. Lat.                  W. Long.
----------------------------------------------------------------------------------------------------------------
RF 1..........................................................             42 deg.01.9'             70 deg.14.7'
RF 2..........................................................            41 deg.59.45'            70 deg.23.65'
RF 3..........................................................            42 deg.07.85'             70 deg.30.1'
RF 4..........................................................            42 deg.15.05'             70 deg.08.8'
RF 5..........................................................            42 deg.08.35'            70 deg.04.05'
RF 6..........................................................            42 deg.04.75'            70 deg.16.95'
RF 1..........................................................             42 deg.01.9'             70 deg.14.7'
----------------------------------------------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Raised Footrope Trawl 
Whiting Fishery under this exemption must have on board a valid letter 
of authorization issued by the Regional Administrator. To obtain a 
letter of authorization, vessel owners must write to or call during 
normal business hours the Northeast Region Permit Office and provide 
the vessel name, owner name, permit number, and the desired period of 
time that the vessel will be enrolled.

[[Page 49946]]

Since letters of authorization are effective the day after they are 
requested, vessel owners should allow appropriate processing and mail 
time. To withdraw from a category, vessel owners must write to or call 
the Northeast Region Permit Office. Withdrawals are effective the day 
after the date of request. Withdrawals may occur after a minimum of 7 
days of enrollment.
    (B) Up to and including April 30, 2002, all nets must comply with a 
minimum mesh size of 2.5-inch (6.35-cm) square or diamond mesh, subject 
to the restrictions as specified in paragraph (a)(14)(i)(D) of this 
section. An owner or operator of a vessel enrolled in the raised 
footrope whiting fishery may not fish for, possess on board, or land 
any species of fish other than whiting and offshore hake subject to the 
applicable possession limits as specified in Sec. 648.86, except for 
the following allowable incidental species: Red hake; butterfish; 
dogfish; herring; mackerel; scup; and squid.
    (C) Beginning May 1, 2002, in addition to the requirements 
specified in paragraph (a)(14)(i)(B) of this section, all nets must 
comply with a minimum mesh size of 3-inch (7.62-cm) square or diamond 
mesh, subject to the restrictions as specified in paragraph 
(a)(14)(i)(D) of this section. An owner or operator of any vessel 
enrolled in the raised footrope whiting fishery 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); red hake; butterfish; 
dogfish; herring; mackerel; scup; and squid.
    (D) All nets must comply with the minimum mesh sizes specified in 
paragraphs (a)(14)(i)(B) and (C) of this section. Counting from the 
terminus of the net, the minimum mesh size is applied to the first 100 
meshes (200 bars in the case of square mesh) 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) from the terminus of the 
net for vessels less than or equal to 60 ft (18.28 m) in length.
    (E) Raised footrope trawl gear is required and must be configured 
as specified in paragraphs (a)(8)(ii)(A) through (D) of this section.
    (F) Fishing may only occur from September 1 through November 20 of 
each fishing year.
    (G) A vessel enrolled in the Raised Footrope Trawl Whiting Fishery 
may fish for small-mesh multispecies in exempted fisheries outside of 
the Raised Footrope Trawl Whiting Fishery exemption area, provided that 
the vessel complies with the more restrictive gear, possession limit 
and other requirements specified in the regulations of that exempted 
fishery for the entire participation period specified on the vessel's 
letter of authorization. For example, a vessel may fish in both the 
Raised Footrope Trawl Whiting Fishery and the Cultivator Shoal Whiting 
Fishery Exemption Area and would be restricted to a minimum mesh size 
of 3 inches (7.62 cm), as required in the Cultivator Shoal Whiting 
Fishery Exemption Area, the use of the raised footrope trawl, and the 
catch and bycatch restrictions of the Raised Footrope Trawl Whiting 
Fishery, except for red hake, which is restricted to 10 percent of the 
total catch under the Cultivator Shoal Whiting Fishery.
    (ii) Sea sampling. The Regional Administrator shall conduct 
periodic sea sampling to evaluate the bycatch of regulated species.
* * * * *

    4. In Sec. 648.81, paragraph (g)(2)(v) is added to read as follows:


Sec. 648.81  Multispecies closed areas.

* * * * *
    (g) * * *
    (2) * * *
    (v) That are fishing in the Raised Footrope Trawl Exempted Whiting 
Fishery, as specified in Sec. 648.80(a)(14), and in the Gulf of Maine 
Rolling Closure Area V, as specified in paragraph (g)(1)(v) of this 
section.
* * * * *
[FR Doc. 00-20847 Filed 8-15-00; 8:45 am]
BILLING CODE 3510-22-F