[Federal Register Volume 67, Number 82 (Monday, April 29, 2002)]
[Rules and Regulations]
[Pages 21140-21158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10488]



[[Page 21139]]

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Part VI





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 648



Magnuson-Stevens Fishery Conservation and Management Act Provisions; 
Fisheries of the Northeastern United States; Northeast Multispecies 
Fishery; Interim Final Rule

  Federal Register / Vol. 67, No. 82 / Monday, April 29, 2002 / Rules 
and Regulations  

[[Page 21140]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 020409080-2080-01; I.D. 032602A]
RIN 0648-AP78


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery

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

ACTION: Interim final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this interim final rule to implement restrictions 
under the Northeast Multispecies Fishery Management Plan (FMP). This 
interim final rule reduces overfishing on Northeast groundfish stocks 
through reductions in fishing mortality achieved from measures that 
include temporal extension of existing area closures, new area 
closures, new gear restrictions, restrictions on days-at-sea (DAS) 
usage, and more restrictive recreational fishing measures. The measures 
reduce overfishing and provide substantive protection for Gulf of Maine 
(GOM) cod, as well as several other groundfish stocks in the Northeast, 
while NMFS and the New England Fishery Management Council (Council) 
develop a comprehensive amendment to the FMP to bring it into 
compliance with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and all other applicable law.

DATES: Effective from May 1, 2002, through July 31, 2002, except for 
Secs. 648.80(j)(3)(i) and (iii) and 648.89(i)(1) which are effective 
May 15, 2002, through July 31, 2002. Comments must be received no later 
than 5 p.m., local time on May 29, 2002.

ADDRESSES: Written comments should be sent to, and copies of the 
Environmental Assessment/Regulatory Impact Review (EA/RIR) supporting 
this action may be obtained from, Patricia A. Kurkul, Regional 
Administrator, National Marine Fisheries Service, One Blackburn Drive, 
Gloucester, MA 01930. Mark the outside of the envelope, ``Comments on 
the Interim Final Rule for Groundfish.'' Comments also may be sent via 
facsimile (fax) to (978) 281-9135. Comments will not be accepted if 
submitted via e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, 
phone: 978-281-9347, fax: 978-281-9135; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On December 28, 2001, a decision was rendered by the U.S. District 
Court for the District of Columbia (Court) on a lawsuit brought by the 
Conservation Law Foundation, Center for Marine Conservation, National 
Audubon Society and Natural Resources Defense Council against NMFS 
(Conservation Law Foundation, et al., v. Evans, Case No. 00CVO1134, 
(D.D.C., December 28, 2001)). The lawsuit alleged that Framework 
Adjustment 33 to the FMP violated the overfishing, rebuilding and 
bycatch provisions of the Magnuson-Stevens Act (18 U.S.C. 1801, et 
seq.), as amended by the Sustainable Fisheries Act (SFA), and the Court 
granted plaintiffs' Motion for Summary Judgment on all counts. The 
Court did not impose a remedy, but instead asked the parties to the 
lawsuit to propose remedies consistent with the Court's findings. The 
Court specifically found that Framework 33 failed to meet the FMP's 
Amendment 9 and SFA overfishing and rebuilding targets. Amendment 9 
established overfishing and rebuilding objectives to meet SFA 
requirements. Amendment 9, however, did not implement or analyze any 
specific measures necessary to meet the new overfishing and rebuilding 
objectives. Framework 33, which was developed after Amendment 9, was an 
annual adjustment required by Amendment 7 to meet Amendment 7 targets. 
In developing Framework 33, the Council chose measures to meet 
Amendment 7 (pre-SFA) objectives, rather than Amendment 9 objectives 
because, although Amendment 9 contained overfishing definitions and 
control rules, it did not specify a rebuilding program or analyze the 
measures necessary to implement a rebuilding program consistent with 
SFA requirements. The Court found that Framework 33 should have 
implemented measures to meet Amendment 9/SFA overfishing criteria and 
rebuilding objectives, rather than those of Amendment 7. Further, the 
Court found that Amendment 9 and Framework 33 violated SFA because they 
did not include a ``standardized bycatch reporting methodology'' and 
did not adequately justify the lack of new measures to minimize bycatch 
to the extent practicable.
    On March 1, 2002, NMFS, at the request of the Court, proposed a 
measure to bring the FMP into full compliance with the SFA, the 
Magnuson-Stevens Act and all other applicable law as quickly as 
possible. That proposed measure would have resulted in a series of 
three actions over the next year and a half. Plaintiffs and the 
intervenors in the case also proposed remedies to the Court. From April 
5-9, 2002, plaintiffs, defendants and intervenors engaged in Court-
assisted mediation to try to agree upon mutually acceptable short-term 
and long-term solutions to present to the Court as a possible 
settlement. Although these discussions ended with no settlement, 
several of the parties continued mediation and filed with the Court a 
Settlement Agreement Among Certain Parties (Settlement Agreement) on 
April 16, 2002. In addition to NMFS, the parties signing the agreement 
include the Conservation Law Foundation, which is one of the plaintiff 
conservation groups, all four state intervenors, and two of three 
industry intervenors. This interim final rule implements the short-term 
measures contained in the Settlement Agreement filed with the Court. 
Additional interim measures, which will be the subject of a future 
proposed rule, are to be implemented on August 1, 2002, at the 
expiration of this interim action. To come into full compliance with 
the requirements of the Magnuson-Stevens Act, as amended by the SFA, 
additional reductions in fishing mortality will be necessary for many 
of the groundfish stocks managed under the FMP. The full extent of all 
of these requirements will be met through Amendment 13, which will 
implement rebuilding plans for several groundfish stocks and address 
capacity issues in the fishery. Amendment 13 is under development by 
NMFS and the Council on an accelerated schedule and will be implemented 
by August 22, 2003.
    The first Secretarial interim rule is somewhat less restrictive on 
certain segments of the industry than the earlier proposed interim 
rule, most notably, in that it removes the 2:1 DAS usage requirement, 
the minimum 24 hour DAS counting requirement, and the closure of the 
Western Gulf of Maine (WGOM) Area Closure to recreational fishers. The 
second Secretarial interim rule proposal (to be implemented on August 
1, 2002) specifies a new suite of measures that were not contemplated 
in the earlier proposal that have differential impacts on the industry. 
NMFS consented to the Settlement Agreement, notwithstanding the 
different impacts compared to the

[[Page 21141]]

earlier proposal, based on its determination that reaching a broad 
consensus with industry groups, state managers and one of the plaintiff 
conservation groups ultimately would serve the industry and the 
resource better than a proposal without such a consensus. Controversial 
new and more restrictive measures supported by a broad consensus of 
industry and conservation interests are more likely to be complied with 
than measures lacking such consensus. In addition, NMFS determined that 
consenting to a Settlement Agreement with most of the parties to the 
litigation enhances the likelihood that the Court will adopt such an 
agreement thereby ensuring that the agency retains control on how and 
when to implement remedial measures consistent with applicable law. The 
measures called for in the Settlement Agreement reduce overfishing on 
key groundfish stocks sufficiently in the short-term to provide NMFS 
and the Council, adequate opportunity to develop and implement, through 
the full public process, long-term measures to rebuild these stocks 
consistent with the Magnuson-Stevens Act and other applicable law.
    This interim rule is to be promulgated, as contemplated by the 
earlier proposal, under the authority of section 304(e), consistent 
with section 305(c), of the Magnuson-Stevens Act, which allows for 
interim measures to reduce overfishing until an amendment to stop 
overfishing and rebuild fish stocks is implemented. Such interim 
measures do not, by themselves, have to stop overfishing. Section 
305(c)(1) of the Magnuson-Stevens Act states that, if the Secretary 
finds that an emergency or overfishing exists, or that interim measures 
are needed to reduce overfishing for any fishery, the Secretary may 
promulgate emergency regulations or interim measures necessary to 
address the emergency or overfishing. For the reasons noted above, the 
Secretary has determined that several stocks of Northeast groundfish 
are being overfished. This action will implement Secretarial interim 
measures to quickly and significantly reduce overfishing on GOM cod, as 
well as other groundfish stocks, while NMFS and the Council complete 
Amendment 13. Given the benefits from significant reductions in fishing 
mortality on GOM cod and other groundfish stocks that will result from 
this interim final rule and the additional interim measures to be 
implemented on August 1, 2002; and the improving status of the stocks; 
delaying Amendment 13 is not expected to jeopardize the ability of the 
multispecies complex to meet rebuilding objectives.

Management Measures

    The following management measures are implemented through this 
interim final rule. Existing measures that are not specifically changed 
or modified by this interim final rule will remain status quo, 
including the GOM cod 400-lb (181.4-kg) per day/4,000-lb (1,814-kg) per 
trip landing limit.
    This interim action divides the GOM/GB Regulated Mesh Area (RMA) 
into two areas: The GOM RMA, which is the area north of the GOM cod 
exemption line currently used to define the divide between the GOM cod 
and GB cod trip limit allowances; and the GB RMA, which is that part of 
the GOM/GB RMA that lies south of the GOM cod exemption line. Specific 
management measures may also apply, depending on the area fished.

DAS Counting

    To make DAS usage more uniform among various sectors of the 
fishery, the first day of a fishing trip that lasts longer than 3 hours 
will be counted as a minimum of 15 hours on the DAS clock. Trips of 3 
hours or less will be counted as actual time, to account for aborted 
trips due to bad weather, breakdowns, etc. Trips greater than 15 hours 
would be counted as actual time. For example, if a vessel calls in to 
the multispecies DAS program at 6 a.m. to begin a trip, and calls out 
of the DAS program at 4 p.m. that same day to end its trip, the vessel 
will be charged a minimum of 15 hours, rather than actual time (in this 
case, 10 hours). This measure currently applies only to gillnet vessels 
that have declared into the Day gillnet category when fishing under a 
multispecies DAS. This interim action extends the measure to all gear 
sectors.

Limitation on DAS Use

    Any vessel fishing under a multispecies DAS during May-July is 
allowed to use no more than 25 percent of its allocated DAS during that 
period. For example, a vessel with a multispecies Fleet DAS allocation 
fishing in the GOM RMA during May-July may use a maximum of 22 
allocated multispecies DAS (88 DAS x 0.25). (Because carry-over DAS are 
not part of a vessels allocated DAS, carry-over DAS may not be used 
when determining the 25 percent DAS usage allowed for the May-July 
period.) This effort control measure is intended to remove fishing 
effort from periods when cod landings are traditionally at their 
highest for both GOM and GB cod. This portion of the alternative is 
summarized in Table 1.

          Table 1.--DAS Counting Scheme During May Through July
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                                ALL AREAS
                        DAS Counting--all vessels
------------------------------------------------------------------------
From 0 to 3 h.............................  Counted as actual time.
From > 3 to 15 h..........................  Counted as 15 h.
Greater than 15 h.........................  Counted as actual time.
DAS use restriction.......................  Limited to 25 percent of
                                             annual DAS allocation.
------------------------------------------------------------------------

Prohibition on Front-Loading the DAS Clock

    Existing regulations require that, at the end of a vessel's trip, 
upon its return to port, the vessel owner or owner's representative 
must call NMFS to notify NMFS that the trip has ended, thus ending a 
DAS. However, there is no restriction on when a vessel can start its 
clock. Consequently, some vessel owners start their DAS clock well in 
advance of the actual departure of the vessel, a practice known as 
``front-loading.'' Front-loading allows a vessel to run the clock for 
as many as 10 days prior to departing on a trip, essentially allowing a 
vessel to catch 10-days worth of GOM cod, the maximum trip limit, in 1 
day of fishing. The current practice is not consistent with the intent 
of the GOM cod rebuilding program and makes the trip limit less 
effective at reducing F. In addition, the provision creates inequities 
between fishing vessels, since a number of vessels currently record 
their DAS through a vessel monitoring system (VMS), used voluntarily 
or, in some cases, as required by a fishery management plan for another 
fishery.
    While other provisions of this interim action may discourage front-
loading of the DAS clock (specifically, the 25-percent DAS use 
restriction), this measure would explicitly prohibit the practice of 
front-loading. Under this measure, a vessel owner or authorized 
representative must notify NMFS no earlier than 1 hour prior to the 
vessel leaving port to fish under the multispecies DAS program. A DAS 
begins once the call has been received and a confirmation number is 
given. This measure applies in all management areas.

Closed Area Additions/Modifications

    This action implements additional seasonal and year-round area 
closures to ensure that areas with traditionally high catches of cod 
are further protected. Specifically, this action continues, in its 
current configuration, the closure of the WGOM Area Closure beyond the 
scheduled May 1, 2002, reopening date.

[[Page 21142]]

This action also expands Rolling Closure Area III by closing area 
blocks 124 and 125 for the month of May, and expands Rolling Closure 
Area IV by closing area blocks 132 and 133 for the month of June.
    Additionally, the seasonal area closure known as Cashes Ledge Area 
Closure, in its current configuration, will be closed for the duration 
of this interim final rule. Exemptions to the current rolling closure 
areas remain the same for the expanded rolling closures implemented by 
this interim final rule; that is, all vessels will be prohibited from 
fishing in Rolling Closure Areas III and IV, unless the vessel is 
fishing with or using exempted gear, as defined in Sec. 648.81(t)(2), 
excluding pelagic gillnet gear capable of catching multispecies, and 
except for vessels fishing with a single pelagic gillnet. In addition, 
recreational vessels are exempt, as is the use of scallop dredge gear, 
when a vessel is fishing under a scallop DAS or when it is fishing in 
the Scallop Dredge Fishery Exemption Area, as described in 
Sec. 648.80(j)(11), provided the vessel does not retain any regulated 
multispecies during a trip, or on any part of a trip. Also, vessels are 
exempt from the monthly closure areas when fishing in the Raised 
Footrope Trawl Exempted Whiting Fishery, as specified in 
Sec. 648.80(j)(15). All of the exemptions listed above apply to the 
WGOM and Cashes Ledge Area Closures, with the following exceptions: 
Vessels are prohibited from fishing with scallop dredge gear or fishing 
in the Raised Footrope Trawl Exempted Whiting Fishery.
    All other closure areas are unchanged. The WGOM and Cashes Ledge 
Area Closures and the additional GOM seasonal closures included under 
this action have been selected as times/areas with high cod landings 
that, when closed, will contribute to a significant reduction in cod 
mortality. Charts of the new and existing closure areas are available 
from the Regional Administrator upon request (see ADDRESSES).

Gear Restrictions

    Under this interim final rule, beginning May 15, 2002, vessels 
using trawls (other than midwater trawls) and fishing any part of a 
multispecies DAS trip in the GOM RMA will be required to fish with a 
minimum 6.5-inch (16.5-cm) diamond or square mesh codend. This 
requirement applies only to the codend of the net; the minimum mesh-
size for the remaining portion of the net is unchanged, i.e., 6.0-inch 
(15.24-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh, or any 
combination thereof, throughout the remaining portion of the net. Trawl 
vessels that currently fish with 6.5 inch (16.5-cm) square mesh 
throughout the entire net will not be subject to mesh changes under 
this rule. For vessels fishing with a 6.5-inch (16.5-cm) diamond mesh 
codend, or for vessels fishing with a 6.5-inch (16.5-cm) square mesh 
codend and a combination of square mesh and diamond mesh throughout the 
remaining portions of the net, the codend is defined as follows: 25 
meshes for diamond mesh, or 50 bars in the case of square mesh, from 
the terminus of the net for vessels 45 ft (13.7-m) in length and less, 
and 50 meshes for diamond mesh, or 100 bars in the case of square mesh, 
from the terminus of the net for vessels greater than 45 ft (13.7 m) in 
length. The status quo minimum mesh size of 6.0-inch (15.2-cm) diamond 
or 6.5-inch (16.5-cm) square mesh throughout the net when fishing under 
a multispecies DAS remains in effect in the GB RMA.
    Beginning May 15, 2002, this interim final rule also requires that 
limited access multispecies vessels that obtain an annual designation 
as a Trip gillnet vessel, when fishing in the GOM RMA during any part 
of a trip under a multispecies DAS, fish with nets with a minimum of 
6.5-inch (16.5-cm) mesh. Multispecies vessels that obtain an annual 
designation as a Day gillnet vessel must fish with nets with a minimum 
mesh size of 6.5 inches (16.5 cm) when fishing with roundfish gillnets, 
or 7 inches (17.8 cm) when fishing with flatfish gillnet gear when 
fishing any part of a trip under a multispecies DAS in the GOM RMA. The 
allowable amount of gillnet gear for Day gillnet vessels when fishing 
under a multispecies DAS is reduced from the currently allowed 80 
roundfish nets/160 flatfish nets to 50 roundfish nets/100 flatfish 
nets. Monkfish vessels that have a monkfish limited access Category C 
or D permit (i.e., vessels that possess both a monkfish and 
multispecies limited access permit) and that are fishing as a Day 
gillnet vessel under a monkfish DAS will be restricted to 150 nets 
(from the current 160 nets), provided the vessel fishes with nets with 
a minimum mesh size of 10 inches (25.4 cm). Net reductions apply 
everywhere. The existing gillnet tagging requirements are suspended for 
the duration of this interim rule.

Recreational and Charter/Party Vessel Restrictions

    Under this action, the minimum length for cod retained by a 
federally permitted charter/party vessels, and private recreational 
vessels not holding a Federal permit and fishing in the EEZ, is 
increased to 23 inches (58.4 cm) from the current size limit of 21 
inches (53.3 cm).
    This action implements a cod and haddock bag (possession) limit for 
the charter/party recreational fishing sector when fishing in the GOM 
RMA. Each person on a charter/party vessel will be allowed to possess 
no more than 10 cod or haddock, combined, per trip. The regulations 
currently prohibit a vessel fishing under the charter/party regulations 
from fishing in the GOM closure areas unless the vessel has on board a 
letter of authorization (LOA) issued by the Regional Administrator. 
This LOA is currently valid for a period of 3 months, and prevents a 
vessel from fishing under a DAS and selling fish during the time of 
authorization and thus exempts the charter/party vessel from the WGOM 
closure. Under this interim action, beginning May 15, 2002, charter/
party vessels are required to possess an LOA for the full span of this 
interim final rule in order to fish as a charter/party vessel in the 
GOM closure areas. LOAs issued to vessels before May 1, 2002, and which 
would expire prior to the expiration of this interim action, will 
automatically be canceled at midnight on May 14, 2002. Vessels wanting 
to obtain an LOA for the entire duration of this interim action will 
need to obtain a new LOA by calling the NMFS Permit Office at 978-281-
9370.
    All other existing recreational measures remain unchanged, 
including the no-sale provision for both the party/charter and private 
recreational sectors when not fishing under a NE multispecies DAS. 
Table 2 summarizes the party/charter and private recreational sector 
measures.

                        Table 2.--Charter/Party and Private Recreational Fishing Measures
----------------------------------------------------------------------------------------------------------------
                                         Minimum fish
                                         size, Inches      Bag limit (combined)          Closure exemption
                                        (code only)\1\                                     authorization
----------------------------------------------------------------------------------------------------------------
Charter/party.........................              23  10 cod/haddock \2\.......  Duration of interim action.

[[Page 21143]]

 
Private Recreational..................              23  10 cod/haddock...........  N/A.
----------------------------------------------------------------------------------------------------------------
\1\ All other minimum fish sizes remain unchanged.
\2\ When fishing in the GOM RMA.

Observer Coverage

    Although not a management measure, NMFS will, by May 1, 2002, 
expand significantly its observer coverage in the Northeast 
multispecies fishery to monitor and collect information on bycatch, as 
well as other biological and fishery-related information. Observer 
coverage will be increased by approximately 1,200 days (more than 
double the 2001 coverage) with coverage distributed over gear 
categories, vessel size categories and fishing regions, in order to 
provide statistically sound estimates of directed catch, non-directed 
catch and discards (bycatch).

Classification

    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause under 5 U.S.C. 553(b)(B) to waive the requirement to provide 
prior notice and opportunity for public comment. Implementation of this 
action by May 1, 2002, is necessary to continue, in its current 
configuration, the WGOM Area Closure, an area with high cod landings, 
beyond its scheduled May 1, 2002, re-opening date. The re-opening of 
the WGOM Area Closure was postponed initially through measures 
promulgated under Framework Adjustment 33 (65 FR 21658, April 24, 
2000), and was further discussed by the Council and public during 
development of Framework Adjustment 36. The WGOM Area Closure, and the 
additional management measures included under this action, will 
contribute to a significant reduction in cod mortality. The AA finds 
also that the exigencies associated with complying with the Court order 
and providing immediate protection to the multispecies stocks by 
significantly reducing overfishing while longer-term, more 
comprehensive measures are being developed, constitutes good cause to 
waive the requirement to provide prior notice and the opportunity for 
public comment, pursuant to authority set forth at U.S.C. 553(b)(B), as 
such procedures would be impracticable and contrary to the public 
interest. This determination is further supported by the fact that 
these measures are largely based on measures developed and analyzed by 
the Council, and commented on by the public, in the development of 
Framework 36 to the FMP. The need to implement these measures in a 
timely manner to have management measures in place to both maintain the 
WGOM Area Closure and to reduce overfishing at the start of the 2002 
multispecies fishing year, beginning May 1, 2002, constitutes good 
cause under authority contained in 5 U.S.C. 553(d)(3), to waive the 30-
day delay, or a portion thereof, in effective date.
    This interim final rule includes by reference collection-of-
information requirements subject to the Paperwork Reduction Act. This 
rule will not impact substantially the current respondent estimates. 
The collection of this information has been approved by OMB, and the 
OMB control numbers and the estimated time for a response are as 
follows:
    Letters of authorization, OMB control number 0648-0202 (5 minutes/
response).
    Letters of authorization, OMB control number 0648-0422 (2 minutes/
response).
    Call-in system (DAS notification), OMB control number 0648-0202 (2 
minutes/response).
    The aforementioned response estimates include the time 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).
    Notwithstanding any other provision 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 PRA, unless that collection of information displays 
a currently valid OMB control number.
    NMFS prepared an EA for this interim action and the AA concluded 
that there will be no significant impact on the human environment as a 
result of this rule. A copy of the EA is available from NMFS (see 
ADDRESSES).
    This interim final rule has been determined to be significant for 
purposes of Executive Order 12866.
    Because this interim final rule is published without opportunity 
for notice and comment, neither the Regulatory Flexibility Act, nor any 
other law requires preparation of an Initial Regulatory Flexibility 
Analysis. Therefore, none has been prepared.
    An informal consultation under section 7 of the Endangered Species 
Act was concluded for this interim final rule under the FMP on April 
17, 2002. As a result of the informal consultation, the Regional 
Administrator determined that fishing activities conducted under this 
interim final rule are not likely to adversely affect endangered or 
threatened species or critical habitat.
    The Regional Administrator has determined that fishing activities 
conducted under this interim final rule will have no adverse impact on 
marine mammals.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 24, 2002.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.


    2. In Sec. 648.2, the definitions ``Day(s)-at-Sea (DAS)'', ``Non-
exempt species'', and ``Prior to leaving port'' are suspended and new 
definitions for ``Day(s)-at-Sea (DAS) for the 2002 fishing year'', 
``Non-exempt species for the 2002 fishery'', ``Prior to leaving port 
for the 2002 fishery'', and ``Private recreational fishing vessel'' are 
added to read as follows:


Sec. 648.2  Definitions.

* * * * *
    Day(s)-at-Sea (DAS) for the 2002 fishing year, with respect to the 
NE multispecies fishery, the monkfish fishery, and the Atlantic sea 
scallop

[[Page 21144]]

fishery, except as described in Sec. 648.82(k)(1)(iv), means the 24-
hour period of time, or any part thereof, during which a fishing vessel 
is absent from port to fish for, possess or land, or fishes for, 
possesses, or lands regulated species, monkfish, or scallops. With 
respect to the NE multispecies fishery, accrual and usage of DAS is 
described at Sec. 648.82(l).
* * * * *
    Non-exempt species for the 2002 fishery means species of fish not 
included under the GOM, GB and SNE Regulated Mesh Area exempted 
fisheries, as specified in paragraphs Sec. 648.80(e); (j)(5); (j)(6); 
(j)(9) through (14); (k)(3)(i) and (ii); (k)(5) through (8); and (m), 
(o), and (p).
* * * * *
    Prior to leaving port for the 2002 fishery, with respect to the 
call-in notification system for NE multispecies, means no more than 1 
hour prior to the time a vessel leaves the last dock or mooring in port 
from which a vessel departs to engage in fishing, including the 
transport of fish to another port.
    Private recreational fishing vessel, with respect to the NE 
multispecies fishery, means a vessel engaged in recreational fishing 
that has not been issued a Federal multispecies permit, does not sell 
fish, and does not take passengers for hire.
* * * * *

    3. In Sec. 648.10, paragraph (c)(1) is suspended, and paragraph 
(c)(6) is added to read as follows:


Sec. 648.10  DAS notification requirements.

* * * * *
    (c) * * *
    (6) Less than 1 hour prior to leaving port, for vessels issued a 
limited access NE multispecies permit or, for vessels issued a limited 
access NE multispecies permit and a limited access monkfish Category C 
or D permit, and, prior to leaving port for vessels issued a limited 
access monkfish Category A or B permit, the vessel owner or authorized 
representative must notify the Regional Administrator that the vessel 
will be participating in the DAS program by calling the Regional 
Administrator and providing the following information: Owner and caller 
name and phone number, vessel's name and permit number, type of trip to 
be taken, port of departure, and that the vessel is beginning a trip. A 
DAS begins once the call has been received and a confirmation number is 
given by the Regional Administrator, or when a vessel leaves port, 
whichever occurs first.
* * * * *

    4. In Sec. 648.14, paragraphs (a)(35) through (45), (a)(47), 
(a)(49) through (53), (a)(90), (a)(101), (a)(102), (a)(104), (a)(112), 
(a)(116), (a)(121), (b)(2), (c)(10), (c)(13), (c)(19), (c)(20), (c)(23) 
through (26), (c)(29) through (31), (g)(2) and (3), and (z)(2)(i) are 
suspended, and paragraphs (a)(123) through (148), (b)(3), (c)(32) 
through (37), and (g)(4) through (6) are added to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (123) Fish with, use, or have on board, within the areas described 
in Sec. 648.80(j)(1) and (2), nets with mesh size smaller than the 
minimum mesh size specified in Sec. 648.80(j)(3) and (4), except as 
provided in Sec. 648.80(e), (j)(5) through (7), (j)(9), (j)(10), 
(j)(15), (m), and (p), unless the vessel has not been issued a NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters, or unless otherwise specified in Sec. 648.17.
    (124) Fish with, use, or have available for immediate use within 
the area described in Sec. 648.80(k)(1), nets of mesh size smaller than 
the minimum size specified in Sec. 648.80(k)(2), except as provided in 
Sec. 648.80(e), (k)(3), (k)(9), (m), and (p), or unless the vessel has 
not been issued a NE multispecies permit and fishes for NE multispecies 
exclusively in state waters, or unless otherwise specified in 
Sec. 648.17.
    (125) Fish with, use, or have available for immediate use within 
the area described in Sec. 648.80(l)(1), nets of mesh size smaller than 
the minimum mesh size specified in Sec. 648.80(l)(2); except as 
provided in Sec. 648.80(e), (l)(3), (m), and (o); or unless the vessel 
has not been issued a NE multispecies permit and fishes for NE 
multispecies exclusively in state waters, or unless otherwise specified 
in Sec. 648.17.
    (126) Enter or be in the area described in Sec. 648.81(p)(1) on a 
fishing vessel, except as provided in Sec. 648.81(p)(2) and (s).
    (127) Enter or be in the area described in Sec. 648.81(q)(1) on a 
fishing vessel, except as provided in Sec. 648.81(q)(2).
    (128) Enter or be in the area described in Sec. 648.81(r)(1) on a 
fishing vessel, except as allowed under Sec. 648.81(r)(2) and (s).
    (129) Fail to comply with the gear-marking requirements of 
Sec. 648.84.
    (130) Fish within the areas described in Sec. 648.80(j)(6) with 
nets of mesh smaller than the minimum size specified in 
Sec. 648.80(j)(4), unless the vessel possesses on board a valid 
authorizing letter issued to the vessel under Sec. 648.80(j)(6)(i) and 
the vessel complies with the requirements specified in 
Sec. 648.80(j)(6).
    (131) Violate any of the provisions of Sec. 648.80, including 
paragraphs (j)(5), the small-mesh northern shrimp fishery exemption 
area; (j)(6), the Cultivator Shoal whiting fishery exemption area; 
(j)(9), Small-mesh Area 1/Small-mesh Area 2; (j)(10), the Nantucket 
Shoals dogfish fishery exemption area; (j)(12), the Nantucket Shoals 
mussel and sea urchin dredge exemption area; (j)(13), the GOM/GB 
monkfish gillnet exemption area; (j)(14), the GOM/GB dogfish gillnet 
exemption area; (j)(15), the Raised Footrope Trawl Exempted Whiting 
Fishery; (k)(3), exemptions (small mesh); (k)(5), the SNE monkfish and 
skate trawl exemption area; (k)(6), the SNE monkfish and skate gillnet 
exemption area; (k)(7), the SNE dogfish gillnet exemption area; (k)(8), 
the SNE mussel and sea urchin dredge exemption area; or (k)(9), the SNE 
little tunny gillnet exemption area. Each violation of any provision in 
Sec. 648.80 constitutes a separate violation.
    (132) Fish for, land, or possess NE multispecies harvested by means 
of pair trawling or with pair trawl gear, except under the provisions 
of Sec. 648.80(m), or unless the vessels that engaged in pair trawling 
have not been issued NE multispecies permits and fish for NE 
multispecies exclusively in state waters.
    (133) Fish for, harvest, possess, or land in or from the EEZ 
northern shrimp, unless such shrimp were fished for or harvested by a 
vessel meeting the requirements specified in Sec. 648.80(j)(5).
    (134) Fish for the species specified in Sec. 648.80(e) or (m) with 
a net of mesh size smaller than the applicable mesh size specified in 
Sec. 648.80(j)(3) or (4), (k)(2), or (l)(2), or possess or land such 
species, unless the vessel is in compliance with the requirements 
specified in Sec. 648.80(e) or (m), or unless the vessel has not been 
issued a NE multispecies permit and fishes for NE multispecies 
exclusively in state waters, or unless otherwise specified in 
Sec. 648.17.
    (135) Violate any of the possession or landing restrictions on 
fishing with scallop dredge gear specified in Secs. 648.80(o) and 
648.94.
    (136) Violate any provision of the state waters winter flounder 
exemption program as provided in Sec. 648.80(p).
    (137) Obstruct or constrict a net as described in Sec. 648.80(n)(1) 
or (2).
    (138) Enter, be on a fishing vessel in, or fail to remove gear 
from, the EEZ portion of the areas described in Sec. 648.81(t)(1), 
during the time periods specified in Sec. 648.81(t)(1), except as 
provided in Sec. 648.81(s) and (t)(2).
    (139) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance

[[Page 21145]]

with Sec. 648.80(p) and from or within the areas described in 
Sec. 648.80(p), while in possession of scallop dredge gear on a vessel 
not fishing under the scallop DAS program as described in Sec. 648.53, 
or fishing under a general scallop permit, unless the vessel and the 
dredge gear conform with the stowage requirements of 
Sec. 648.51(a)(2)(ii) and (e)(2), or unless the vessel has not been 
issued a NE multispecies permit and fishes for NE multispecies 
exclusively in state waters.
    (140) Use, set, haul back, fish with, possess on board a vessel, 
unless stowed in accordance with Sec. 648.23(b), or fail to remove, 
sink gillnet gear and other gillnet gear capable of catching NE 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(t)(2)(ii)), in the areas and for the times 
specified in Sec. 648.87(a) and (b), except as provided in 
Secs. 648.81(t)(2)(ii) and 648.87(a) and (b), or unless otherwise 
authorized in writing by the Regional Administrator.
    (141) Enter or fish in the Gulf of Maine, Georges Bank and Southern 
New England Regulated Mesh Areas, except as provided in 
Sec. 648.80(j)(3)(iii) and (k)(2)(ii), and for purposes of transiting, 
provided that all gear (other than exempted gear) is stowed in 
accordance with Sec. 648.23(b).
    (142) Fish for, harvest, possess, or land regulated species in or 
from the closed areas specified in Sec. 648.81(p), (q), (r), (t), (u), 
and (v), unless otherwise specified in Sec. 648.81(r)(2)(iii), 
(t)(2)(i), and (t)(2)(iii).
    (143) Fish for, harvest, possess, or land in or from the EEZ, when 
fishing with trawl gear, any of the exempted species specified in 
Sec. 648.80(j)(9)(i), unless such species were fished for or harvested 
by a vessel meeting the requirements specified in Sec. 648.80(j)(5)(ii) 
or (j)(9)(ii).
    (144) Fish for, harvest, possess, or land any species of fish in or 
from the GOM/GB Inshore Restricted Roller Gear Area described in 
Sec. 648.80(j)(3)(v) with trawl gear where the diameter of any part of 
the trawl footrope, including discs, rollers or rockhoppers, is greater 
than 12 inches (30.48 cm).
    (145) Enter, be on a fishing vessel in, or fail to remove gear 
from, the EEZ portion of the areas and time periods specified in 
Sec. 648.81(w), except as provided in Sec. 648.81(s) and (w)(2).
    (146) Enter, be on a fishing vessel in, or fail to remove gear from 
the EEZ portion of the areas described in Sec. 648.81(t)(1) through 
(v)(1), during the time periods specified, except as provided in 
Sec. 648.81(s), (t)(2), (u)(2) and (v)(2).
    (147) Enter, be on a fishing vessel in, or fail to remove gear from 
the area described in Sec. 648.81(v)(1), except as provided in 
Sec. 648.81(s) and (v)(2).
    (148) Enter, fail to remove gear from, or be in the areas described 
in Sec. 648.81(t)(1) through (v)(1) during the time period specified, 
except as provided in Sec. 648.81(s), (t)(2), (u)(2), and (v)(2).
    (b) * * *
    (3) If the vessel has been issued a charter/party permit or is 
fishing under charter/party regulations, fail to comply with the 
requirements specified in Sec. 648.81(t)(2)(iii) when fishing in the 
areas described in Sec. 648.81(t)(1), (u), and (w), during the time 
periods specified in those sections.
    (c) * * *
    (32) Enter, fail to remove sink gillnet gear or gillnet gear 
capable of catching NE multispecies from, or be in the areas, and 
during the times, described in Sec. 648.87(a) and (b), except as 
provided in Sec. 648.81(s) and (t)(2), and in Sec. 648.87(a)(1)(ii).
    (33) If the vessel has been issued a Day gillnet category 
designation, fail to remove gillnet gear from the water as described in 
Sec. 648.82(g), (k)(1)(iv) and (k)(1)(ix).
    (34) Fail to comply with the exemption specification as described 
in Sec. 648.86(h)(5).
    (35) Fail to enter port and call out of the DAS program no later 
than 14 DAS after starting a multispecies DAS trip (i.e., the time a 
vessel leaves port or when the vessel received a DAS authorization 
number, whichever comes first), as specified in Sec. 648.10(f)(3), 
unless otherwise specified in Sec. 648.86(b)(1)(ii), or unless the 
vessel is fishing under the cod exemption specified in 
Sec. 648.86(b)(5).
    (36) Enter port, while on a NE multispecies DAS trip, in possession 
of more that the allowable limit of cod specified in Sec. 648.86(b)(1), 
unless the vessel is fishing under the cod exemption specified in 
Sec. 648.86(b)(5). Under no circumstances may such trip exceed 14 days 
in length.
    (37) If the vessel has been issued a Charter/Party permit or is 
fishing under charter/party regulations, fail to comply with the 
requirements specified in Sec. 648.81(t)(2)(iii) when fishing in the 
areas described in Sec. 648.81(t)(1) through (v)(1), during the time 
periods specified in those sections.
* * * * *
    (g) * * *
    (4) Possess cod, haddock, and Atlantic halibut in excess of the 
possession limits specified in Sec. 648.89(g).
    (5) Sell, trade, or otherwise transfer, or attempt to sell, trade, 
barter, or otherwise transfer, NE multispecies for a commercial purpose 
as specified in Sec. 648.89(h).
    (6) Retain fish smaller than the minimum fish sizes specified in 
Sec. 648.89(f), if fishing under the private recreational and party/
charter regulations.
* * * * *

    5. In Sec. 648.53, paragraph (e) is suspended and paragraph (g) is 
added to read as follows:


Sec. 648.53  DAS allocations.

* * * * *
    (g) Accrual of DAS. DAS shall accrue to the nearest minute, except 
as specified in Sec. 648.82(l).

    6. In Sec. 648.80, paragraphs (a) through (d), and (g) through (i) 
are suspended, and paragraphs (j) through (p) are added to read as 
follows:


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

* * * * *
    (j) Gulf of Maine (GOM) and Georges Bank (GB) Regulated Mesh 
Areas--(1) GOM Regulated Mesh Area. The GOM Regulated Mesh Area (copies 
of a map depicting the area are available from the Regional 
Administrator upon request) is that area:
    (i) Bounded on the east by the U.S.-Canada maritime boundary 
defined by straight lines connecting the following points in the order 
stated:

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
G1.............................   (\1\)               (\1\)
G2.............................  43 deg.58'           67 deg.22'
G3.............................  42 deg.53.1'         67 deg.44.4'
G4.............................  42 deg.31'           67 deg.28.1'
G5.............................   (\2\)               67 deg.20'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime
  Boundary.
\2\ The intersection of the U.S.-Canada Maritime Boundary and 67 deg.20'
  W. long.

    (ii) Bounded on the south by straight lines connecting the 
following points in the order stated:

------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
G5.............................   (\1\)               67 deg.20'
G6.............................  42 deg.20'           67 deg.20'
G7.............................  42 deg.20'           69 deg.30'
G8.............................  42 deg.00'           69 deg.30'
G9.............................  42 deg.00'            (\2\)
------------------------------------------------------------------------
\1\ The intersection of the U.S.-Canada Maritime Boundary and 67 deg.20'
  W. long.
\2\ The intersection of the Cape Cod, MA, coastline and 42 deg.00' N.
  lat.

    (2) GB Regulated Mesh Area. The GB Regulated Mesh Area (copies of a 
map depicting the area are available from the Regional Administrator 
upon request) is that area:

[[Page 21146]]

    (i) Bounded on the north by the southern boundary of the GOM 
Regulated Mesh Area as defined in paragraph (j)(1)(ii) of this section; 
and
    (ii) Bounded on the east and south by straight lines connecting the 
following points in the order stated:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                Point                           N. Lat.                    W. Long.                          Approximate loran C bearings
--------------------------------------------------------------------------------------------------------------------------------------------------------
G5...................................   (\1\)                     67 deg.20'                 ...........................................................
G10..................................  41 deg.18.6'               66 deg.24.8'               ...........................................................
G11..................................  40 deg.55.5'               66 deg.38'                 5930-Y-30750-Y-43500.
G12..................................  40 deg.45.5'               68 deg.00'                 9960-Y-43500 and 68 deg.00' W. lat.
G13..................................  40 deg.37'                 68 deg.00'                 9960-Y-43450 and 68 deg.00' W. lat.
G14..................................  40 deg.30'                 69 deg.00'                 ...........................................................
NL3..................................  40 deg.22.7'               69 deg.00'                 ...........................................................
NL2..................................  40 deg.18.7'               69 deg.40'                 ...........................................................
NL1..................................  40 deg.50'                 69 deg.40'                 ...........................................................
G11..................................  40 deg.50'                 70 deg.00'                 ...........................................................
G12..................................  .........................  70 deg.00'\1\              ...........................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland Massachusetts.

    (3) GOM Regulated Mesh Area minimum mesh size restrictions--(i) 
Vessels using trawls. Except as provided in paragraphs (j)(3)(i) and 
(iv) of this section, and unless otherwise restricted under paragraph 
(j)(3)(vi) of this section, the minimum mesh size for any trawl net, 
except midwater trawl, on a vessel or used by a vessel fishing under a 
DAS in the NE multispecies DAS program in the GOM Regulated Mesh Area 
is 6-inch (15.24-cm) diamond mesh or 6.5-inch (16.51-cm) square mesh, 
applied throughout the body and extension of the net, or any 
combination thereof, and 6.5-inch (16.51-cm) diamond mesh applied to 
the first 50 meshes, counting from the terminus of the net, for vessel 
greater than 45 ft (13.7 m) in length overall, and applied to the first 
25 meshes for vessels 45 ft (13.7 m) or less in length overall, or 6.5-
inch (16.51-cm) square mesh applied to the first 100 bars, counting 
from the terminus of the net, for vessels greater than 45 ft (13.7 m) 
in length overall, and applied to the first 50 bars, counting from the 
terminus of the net, for vessels 45 ft (13.7 m) or less in length 
overall, provided the vessel complies with the requirements of 
paragraph (j)(3)(v) of this section. This restriction does not apply to 
nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq 
ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraphs (j)(3)(ii) and (iv) of this section, 
the minimum mesh size for any Scottish seine, midwater trawl, or purse 
seine, on a vessel or used by a vessel fishing under a DAS in the NE 
multispecies DAS program in the GOM Regulated Mesh Area is 6-inch 
(15.24-cm) diamond mesh or 6.5-inch (16.51-cm) square mesh applied 
throughout the net, or any combination thereof, provided the vessel 
complies with the requirements of paragraph (j)(3)(v) of this section. 
This restriction does not apply to nets or pieces of nets smaller than 
3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that 
have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iii) Gillnet vessels--(A) Trip gillnet vessels. Except as provided 
in paragraphs (j)(3)(iii) and (iv) of this section, for vessels that 
obtain an annual designation as a Trip gillnet vessel, the minimum mesh 
size for any sink gillnet when fishing under a DAS in the NE 
multispecies DAS program in the GOM Regulated Mesh Area is 6.5 inches 
(16.51 cm) throughout the entire net. This restriction does not apply 
to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 
sq ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
    (B) Day gillnet vessels. Except as provided in paragraphs 
(j)(3)(iii) and (iv) of this section, for vessels that obtain an annual 
designation as a Day gillnet vessel, the minimum mesh size for any 
roundfish gillnet when fishing under a DAS in the NE multispecies DAS 
program in the GOM Regulated Mesh Area is 6.5 inches (16.51 cm) 
throughout the entire net, and the minimum mesh size for any flatfish 
gillnet when fishing under a DAS in the NE multispecies DAS program in 
the GOM Regulated Mesh Area is 7.0 inches (17.78 cm) throughout the 
entire net. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
    (iv) Other restrictions and exemptions. Vessels other than private 
recreational vessels are prohibited from fishing in the GOM or GB 
Regulated Mesh Area, except if fishing with exempted gear (as defined 
under this part) or under the exemptions specified in paragraphs (e), 
(j)(5) through (j)(7), (j)(9) through (j)(14), (m), (o), and (p) of 
this section; or if fishing under a NE multispecies DAS; or if fishing 
under the small vessel exemption specified in Sec. 648.82(b)(3); or if 
fishing under the scallop state waters exemptions specified in 
Sec. 648.54 and paragraph (j)(11) of this section; if fishing under a 
scallop DAS in accordance with paragraph (h) of this section, or if 
fishing pursuant to a NE multispecies open access Charter/Party or 
Handgear permit. Any gear on a vessel, or used by a vessel, in this 
area must be authorized under one of these exemptions or must be stowed 
as specified in Sec. 648.23(b).
    (v) Rockhopper and roller gear restrictions. For all trawl vessels 
fishing in the GOM/GB Inshore Restricted Roller Gear Area, the diameter 
of any part of the trawl footrope, including discs, rollers, or 
rockhoppers, must not exceed 12 inches (30.48 cm). The GOM/GB Inshore 
Restricted Roller Gear Area is defined by straight lines connecting the 
following points in the order stated:

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

    (vi) Large-mesh vessels. When fishing in the GOM or GB Regulated 
Mesh Area,

[[Page 21147]]

the minimum mesh size for any sink gillnet on a vessel or used by a 
vessel fishing under a DAS in the large-mesh DAS program specified in 
Sec. 648.82(b)(6) and (9) is 7-inch (17.78-cm) diamond mesh throughout 
the entire net. The minimum mesh size for any trawl net on a vessel or 
used by a vessel fishing under a DAS in the large-mesh DAS program is 
8-inch (20.32-cm) diamond mesh throughout the entire net. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (4) GB Regulated Mesh Area gear restrictions. Except as provided in 
paragraphs (j)(3)(iv) and (j)(4) of this section, and unless otherwise 
restricted under paragraph (j)(3)(vi) of this section, the minimum mesh 
size for any trawl net, sink gillnet, Scottish seine, midwater trawl, 
or purse seine on a vessel or used by a vessel fishing under a DAS in 
the NE multispecies DAS program in the GB Regulated Mesh Area is 6-inch 
(15.24-cm) diamond mesh or 6.5-inch (16.51-cm) square mesh throughout 
the entire net, or any combination thereof, provided the vessel 
complies with the requirements of paragraph (j)(3)(v) of this section. 
This restriction does not apply to nets or pieces of nets smaller than 
3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that 
have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (5) Small Mesh Northern Shrimp Fishery Exemption Area. Vessels 
subject to the minimum mesh size restrictions specified in this 
paragraph (j) may fish for, harvest, possess, or land northern shrimp 
in the Small Mesh Northern Shrimp Fishery Exemption Area with nets with 
a mesh size smaller than the minimum size specified, if the vessel 
complies with the requirements of paragraphs (j)(5)(i) through (iii) of 
this section. The Small Mesh Northern Shrimp Fishery Exemption Area is 
defined by straight lines connecting the following points in the order 
stated (copies of a map depicting the area are available from the 
Regional Administrator upon request):

            Small Mesh Northern Shrimp Fishery Exemption Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
SM1............................  41 deg.35'           70 deg.00'
SM2............................  41 deg.35'           69 deg.40'
SM3............................  42 deg.49.5'         69 deg.40'
SM4............................  43 deg.12'           69 deg.00'
SM5............................  43 deg.41'           68 deg.00'
G2.............................  43 deg.58'           67 deg.22'
G1.............................  (\1\)                (\1\)
------------------------------------------------------------------------
\1\ Northward along the irregular U.S.-Canada maritime boundary to the
  shoreline.

    (i) Restrictions on fishing for, possessing, or landing fish other 
than shrimp. (A) Through April 30, 2003, an owner or operator of 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, 
unless otherwise restricted by landing limits specified in Sec. 697.17 
of this chapter. 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, 2003, an owner or operator of 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, unless otherwise restricted 
by landing limits specified in Sec. 697.17 of this chapter.
    (ii) Requirement to use a finfish excluder device (FED). A vessel 
must have a rigid or semi-rigid grate consisting of parallel bars of 
not more than 1-inch (2.54-cm) spacing that excludes all fish and other 
objects, except those that are small enough to pass between its bars 
into the codend of the trawl, secured in the trawl, forward of the 
codend, in such a manner that it precludes the passage of fish or other 
objects into the codend without the fish or objects having to first 
pass between the bars of the grate, in any net with mesh smaller than 
the minimum size specified in paragraphs (j)(3) and (4) of this 
section. The net must have an outlet or hole to allow fish or other 
objects that are too large to pass between the bars of the grate to 
exit the net. The aftermost edge of this outlet or hole must be at 
least as wide as the grate at the point of attachment. The outlet or 
hole must extend forward from the grate toward the mouth of the net. A 
funnel of net material is allowed in the lengthening piece of the net 
forward of the grate to direct catch towards the grate. (Copies of a 
schematic example of a properly configured and installed FED are 
available from the Regional Administrator upon request.)
    (iii) Time restrictions. A vessel may only fish under this 
exemption during the northern shrimp season, as established by the 
Commission and announced in the Commission's letter to participants.
    (6) Cultivator Shoal Whiting Fishery Exemption Area. Vessels 
subject to the minimum mesh size restrictions specified in paragraphs 
(j)(3) and (4) of this section may fish with, use, or possess nets in 
the Cultivator Shoal Whiting Fishery Exemption Area with a mesh size 
smaller than the minimum size specified, if the vessel complies with 
the requirements specified in paragraph (j)(6)(i) of this section. The 
Cultivator Shoal Whiting Fishery Exemption 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:

             Cultivator Shoal Whiting Fishery Exemption Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
C1.............................  42 deg.10'           68 deg.10'
C2.............................  41 deg.30'           68 deg.41'
CI4............................  41 deg.30'           68 deg.30'
C3.............................  41 deg.12.8'         68 deg.30'
C4.............................  41 deg.05'           68 deg.20'
C5.............................  41 deg.55'           67 deg.40'
C1.............................  42 deg.10'           68 deg.10'
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Cultivator Shoal 
Whiting Fishery Exemption Area under this exemption must have a valid 
letter of authorization issued by the Regional Administrator on board.
    (B) Through April 30, 2003, an owner or operator of a vessel 
fishing in this area 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; Atlantic 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

[[Page 21148]]

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, unless otherwise restricted by landing limits 
specified in Sec. 697.17 of this chapter.
    (C) Beginning May 1, 2003, an owner or operator of a vessel fishing 
in this area is subject to the mesh size restrictions specified in 
paragraph (j)(6)(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 (j)(6)(i)(B) of this 
section.
    (D) Counting from the terminus of the net, all nets must have a 
minimum mesh size of 3-inch (7.62-cm) square or diamond mesh applied to 
the first 100 meshes (200 bars in the case of square mesh) for vessels 
greater than 60 ft (18.28 m) in length applied to and the first 50 
meshes (100 bars in the case of square mesh) 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 or GB Regulated Mesh Areas 
specified under paragraphs (j)(1) and (2) of this section, any nets 
with a mesh size smaller than the minimum mesh specified in paragraphs 
(j)(3) or (4) 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 
this paragraph (j).
    (G) A vessel fishing in the Cultivator Shoal Whiting Fishery 
Exemption Area 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 this paragraph (j)(6)(i) for the entire trip.
    (ii) Sea sampling. The Regional Administrator shall conduct 
periodic sea sampling to determine if there is a need to change the 
area or season designation, and to evaluate the bycatch of regulated 
species, especially haddock.
    (iii) Annual review. The NEFMC shall conduct an annual review of 
data to determine if there are any changes in area or season 
designation necessary, and to make appropriate recommendations to the 
Regional Administrator following the procedures specified in 
Sec. 648.90.
    (7) Transiting. (i) Vessels fishing in the Small Mesh Northern 
Shrimp Fishery or the Small Mesh Area 1/Small Mesh Area 2 fishery, as 
specified in paragraphs (j)(5) and (9) of this section, may transit 
through the Small Mesh Northern Shrimp Fishery Exemption Area as 
specified in paragraph (a)(5) of this section with nets of mesh size 
smaller than the minimum mesh size specified in paragraphs (j)(3) or 
(4) of this section, provided that the nets are stowed and not 
available for immediate use in accordance with one of the methods 
specified in Sec. 648.23(b).
    (ii) Vessels subject to the minimum mesh size restrictions 
specified in paragraphs (j)(3) or (4) of this section may transit 
through the Small Mesh Northern Shrimp Fishery Exemption Area defined 
in paragraph (j)(5) of this section with nets on board with a mesh size 
smaller than the minimum size specified, provided that the nets are 
stowed in accordance with one of the methods specified in 
Sec. 648.23(b), and provided the vessel has no fish on board.
    (iii) Vessels subject to the minimum mesh size restrictions 
specified in paragraphs (j)(3) or (4) of this section may transit 
through the GOM and GB Regulated Mesh Areas defined in paragraphs 
(j)(1) and (2) of this section with nets on board with a mesh size 
smaller than the minimum mesh size specified and with small mesh 
exempted species on board, provided that the following conditions are 
met:
    (A) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraphs (j)(3) or (4) of this section are stowed in 
accordance with one of the methods specified in Sec. 648.23(b).
    (B) A letter of authorization issued by the Regional Administrator 
is on board.
    (C) Vessels do not fish for, possess on board, or land any fish, 
except when fishing in the areas specified in paragraphs (j)(6), 
(j)(10), (j)(15), (b), and (c) of this section. Vessels may retain 
exempted small mesh species as provided in paragraphs (j)(6)(i), 
(j)(10)(i), (j)(15)(i), (b)(3), and (c)(3) of this section.
    (8) Addition or deletion of exemptions--(i) Species--(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 are made through issuance of a rule in the Federal 
Register.
    (B) Small-mesh multispecies. Beginning May 1, 2003, 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 are 
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

[[Page 21149]]

catch of regulated species or small-mesh multispecies.
    (iii) The Regional Administrator may, using the process described 
in either paragraph (j)(8)(i) or (ii) of this section, authorize an 
exemption for a white hake fishery by vessels using regulated mesh or 
hook gear. Determination of the percentage of regulated species caught 
in such fishery shall not include white hake.
    (iv) Bycatch in exempted fisheries authorized under this paragraph 
(j)(8) are subject, at minimum, to the following restrictions:
    (A) With the exception of fisheries authorized under paragraph 
(j)(8)(iii) of this section, a prohibition on the possession of 
regulated species.
    (B) A limit on the possession of monkfish or monkfish parts of 10 
percent, by weight, of all other species on board or as specified by 
Sec. 648.94(c)(3), (4), (5) or (6), as applicable, whichever is less.
    (C) A limit on the possession of lobsters of 10 percent, by weight, 
of all other species on board or 200 lobsters, whichever is less.
    (D) A limit on the possession of skate or skate parts in the 
Southern New England regulated mesh area described in paragraph (b) of 
this section of 10 percent, by weight, of all other species on board.
    (9) Small Mesh Area 1/Small Mesh Area 2--(i) Description. (A) 
Unless otherwise prohibited in Sec. 648.81, through April 30, 2003, a 
vessel subject to the minimum mesh size restrictions specified in 
paragraphs (j)(3) or (4) 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 (j)(5)(ii) or (j)(9)(ii) 
of this section and Sec. 648.86(d) 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. An owner or operator of any vessel 
may not fish for, possess on board, or land any species of fish other 
than: Silver hake and offshore hake--up to the amounts specified in 
Sec. 648.86(d); butterfish; dogfish; herring; Atlantic 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, unless otherwise restricted 
by landing limits specified in Sec. 697.17 of this chapter.
    (B) Unless otherwise prohibited in Sec. 648.81, beginning May 1, 
2003, in addition to the requirements specified in paragraph 
(j)(9)(i)(A) of this section, nets may not have a mesh size of less 
than 3-inch (7.62-cm) square or diamond mesh counting 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 counting 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. 
An owner or operator of any vessel 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; Atlantic 
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, 
unless otherwise restricted by landing limits specified in Sec. 697.17 
of this chapter.
    (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 I
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
SM1............................  43 deg.03'           70 deg.27'
SM2............................  42 deg.57'           70 deg.22'
SM3............................  42 deg.47'           70 deg.32'
SM4............................  42 deg.45'           70 deg.29'
SM5............................  42 deg.43'           70 deg.32'
SM6............................  42 deg.44'           70 deg.39'
SM7............................  42 deg.49'           70 deg.43'
SM8............................  42 deg.50'           70 deg.41'
SM9............................  42 deg.53'           70 deg.43'
SM10...........................  42 deg.55'           70 deg.40'
SM11...........................  42 deg.59'           70 deg.32'
SM1............................  43 deg.03'           70 deg.27'
------------------------------------------------------------------------


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

    (ii) Raised footrope trawl. Vessels fishing with trawl gear must 
configure it in such a way that, when towed, the gear is not in contact 
with the ocean bottom. Vessels are presumed to be fishing in such a 
manner if their trawl gear is designed as specified in paragraphs 
(j)(9)(ii)(A) through (D) of this section and is towed so that it does 
not come into contact with the ocean bottom:
    (A) Eight-inch (20.3-cm) diameter floats must be attached to the 
entire length of the headrope with a maximum spacing of 4 ft (121.9 cm) 
between floats;
    (B) The ground gear must all be bare wire not larger than \1/2\-
inch (1.2-cm) for the top leg, not larger than \5/8\-inch (1.6-cm) for 
the bottom leg, and not larger than \3/4\-inch (1.9-cm) for the ground 
cables. The top and bottom legs must be equal in length, with no 
extensions. The total length of ground cables and legs must not be 
greater than 40 fathoms from the doors to wingends.
    (C) The footrope must be longer than the 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\ inches (0.8 cm). No 
wrapping or cookies are

[[Page 21150]]

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.
    (10) Nantucket Shoals dogfish fishery exemption area. Vessels 
subject to the minimum mesh size restrictions specified in paragraphs 
(j)(3) or (4) of this section may fish with, use, or possess nets of 
mesh smaller than the minimum size specified in the Nantucket Shoals 
Dogfish Fishery Exemption Area, if the vessel complies with the 
requirements specified in paragraph (j)(10)(i) of this section. The 
Nantucket Shoals Dogfish Fishery Exemption Area (copies of a map 
depicting this area are available from the Regional Administrator upon 
request) is defined by straight lines connecting the following points 
in the order stated:

                 Nantucket Shoals Dogfish Exemption Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
NS1............................  41 deg.45'           70 deg.00'
NS2............................  41 deg.45'           69 deg.20'
NS3............................  41 deg.30'           69 deg.20'
CL1............................  41 deg.30'           69 deg.23'
NS5............................  41 deg.26.5'         69 deg.20'
NS6............................  40 deg.50'           69 deg.20'
NS7............................  40 deg.50'           70 deg.00'
NS1............................  41 deg.45'           70 deg.00'
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Nantucket Shoals 
Dogfish Fishery Exemption Area under the exemption must have on board a 
letter of authorization issued by the Regional Administrator and may 
not fish for, possess on board, or land any species of fish other than 
dogfish, except as provided under paragraph (j)(10)(i)(D) of this 
section.
    (B) Fishing is confined to June 1 through October 15.
    (C) When transiting the GOM or GB Regulated Mesh Areas, specified 
under paragraph (a) of this section, any nets with a mesh size smaller 
than the minimum mesh size specified in paragraph (a) of this section 
must be stowed and unavailable for immediate use in accordance with 
Sec. 648.23(b).
    (D)(1) Through April 30, 2003, 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, unless otherwise restricted 
by landing limits specified in Sec. 697.17 of this chapter; and skate 
or skate parts--up to 10 percent, by weight, of all other species on 
board.
    (2) Beginning May 1, 2003, all nets must comply with a minimum mesh 
size of 3-inch (7.62-cm) square or diamond mesh, counting 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 counting 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. 
Vessels may retain the allowable incidental species listed in paragraph 
(j)(10)(i)(D)(1) of this section.
    (E) A vessel fishing in the Nantucket Shoals Dogfish Fishery 
Exemption Area under the exemption must comply with any additional gear 
restrictions specified in the letter of authorization issued by the 
Regional Administrator.
    (ii) Sea sampling. The Regional Administrator may conduct periodic 
sea sampling to determine if there is a need to change the area or 
season designation, and to evaluate the bycatch of regulated species.
    (11) Scallop Dredge Fishery Exemption within the Gulf of Maine 
(GOM) Small Mesh Northern Shrimp Fishery Exemption Area. Unless 
otherwise prohibited in Sec. 648.81, vessels with a limited access 
scallop permit that have declared out of the DAS program as specified 
in Sec. 648.10, or that have used up their DAS allocations, and vessels 
issued a general scallop permit, may fish in the GOM Small Mesh 
Northern Shrimp Fishery Exemption Area when not under a NE multispecies 
DAS, providing the vessel complies with the requirements specified in 
paragraph (j)(11)(i) of this section. The GOM Scallop Dredge Fishery 
Exemption Area is the same as the area defined in paragraph (j)(5) of 
this section and designated as the Small Mesh Northern Shrimp Fishery 
Exemption Area.
    (i) Requirements. (A) A vessel fishing in the GOM Scallop Dredge 
Fishery Exemption Area specified in paragraph (j)(11) of this section 
may not fish for, possess on board, or land any species of fish other 
than Atlantic sea scallops.
    (B) The combined dredge width in use by or in possession on board 
vessels fishing in the GOM Scallop Dredge Fishery Exemption Area shall 
not exceed 10.5 ft (3.2 m), measured at the widest point in the bail of 
the dredge.
    (C) The exemption does not apply to the Western GOM Area Closure 
specified in Sec. 648.81(u).
    (ii) [Reserved]
    (12) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area. 
A vessel may fish with a dredge in the Nantucket Shoals Mussel and Sea 
Urchin Dredge Exemption Area, provided that any dredge on board the 
vessel does not exceed 8 ft (2.44 m), measured at the widest point in 
the bail of the dredge, and the vessel does not fish for, harvest, 
possess, or land any species of fish other than mussels and sea 
urchins. The area coordinates of the Nantucket Shoals Mussel and Sea 
Urchin Dredge Exemption Area are the same coordinates as those of the 
Nantucket Shoals Dogfish Fishery Exemption Area specified under 
paragraph (j)(10) of this section.
    (13) GOM/GB Monkfish Gillnet Exemption. Unless otherwise prohibited 
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish 
and Monkfish Gillnet Fishery Exemption Area when not under a NE 
multispecies DAS if the vessel complies with the requirements specified 
in paragraph (j)(13)(i) of this section. The GOM/GB Dogfish and 
Monkfish Gillnet Fishery Exemption Area is defined by straight lines 
connecting the following points in the order stated:

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

    (i) Requirements. (A) A vessel fishing under this exemption may not 
fish for, possess on board, or land any species of fish other than 
monkfish, or lobsters in an amount not to exceed 10 percent by

[[Page 21151]]

weight of the total catch on board, or 200 lobsters, whichever is less.
    (B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm) 
diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through September 14.
    (ii) [Reserved]
    (14) GOM/GB Dogfish Gillnet Exemption. Unless otherwise prohibited 
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish 
and Monkfish Gillnet Fishery Exemption Area when not under a NE 
multispecies DAS if the vessel complies with the requirements specified 
in paragraph (j)(14)(i) of this section. The area coordinates of the 
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area are 
specified in paragraph (j)(13) of this section.
    (i) Requirements. (A) A vessel fishing under this exemption may not 
fish for, possess on board, or land any species of fish other than 
dogfish, or lobsters in an amount not to exceed 10 percent by weight of 
the total catch on board, or 200 lobsters, whichever is less.
    (B) All gillnets must have a minimum mesh size of 6.5-inch (16.5-
cm) diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through August 31.
    (ii) [Reserved]
    (15) Raised Footrope Trawl Exempted Whiting Fishery. Vessels 
subject to the minimum mesh size restrictions specified in paragraphs 
(j)(3) or (4) 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 (j)(15)(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
------------------------------------------------------------------------
             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. Since letters of authorization 
are effective the day after they are requested, vessel owners should 
allow appropriate processing and mailing 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) Through April 30, 2003, 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 (j)(15)(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, 2003, in addition to the requirements 
specified in paragraph (j)(15)(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 
(j)(15)(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 (j)(15)(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 is applied 
to 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 (j)(9)(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.
    (k) Southern New England (SNE) Regulated Mesh Area--(1) Area 
definition. The SNE Regulated Mesh Area (copies of a map depicting this 
area are available from the Regional Administrator upon request) is 
that area:
    (i) Bounded on the east by straight lines connecting the following 
points in the order stated:

                Southern New England Regulated Mesh Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
G5.............................  41 deg.18.6'         66 deg.24.8'
G6.............................  40 deg.55.5'         66 deg.38'
G7.............................  40 deg.45.5'         68 deg.00'
G8.............................  40 deg.37'           68 deg.00'
G9.............................  40 deg.30.5'         69 deg.00'
NL3............................  40 deg.22.7'         69 deg.00'
NL2............................  40 deg.18.7'         69 deg.40'
NL1............................  40 deg.50'           69 deg.40'
G11............................  40 deg.50'           70 deg.00'
G12............................  ...................  70 deg.00' \1\
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland
  Massachusetts.

    (ii) Bounded on the west by the eastern boundary of the Mid-
Atlantic Regulated Mesh Area.
    (2) Gear restrictions--(i) Minimum mesh size. Except as provided in 
paragraphs (k)(2)(i) and (ii) of this section, and unless otherwise 
restricted under paragraph (k)(2)(iii) of this section, the minimum 
mesh size for any trawl net, sink gillnet, Scottish seine, purse seine 
or midwater trawl, not stowed and not available for immediate

[[Page 21152]]

use in accordance with Sec. 648.23(b), by a vessel fishing under a DAS 
in the NE multispecies DAS program in the SNE regulated mesh area, is 
6-inch (15.24-cm) diamond mesh or 6.5-inch (16.51-cm) square mesh or 
any combination thereof, throughout the entire net. This minimum mesh 
size restriction does not apply to vessels that have not been issued a 
NE multispecies permit and that are fishing exclusively in state 
waters.
    (ii) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the SNE Regulated Mesh Area except if fishing with exempted 
gear (as defined under this part) or under the exemptions specified in 
paragraphs (e), (k)(3), (k)(5) through (9), (l), (o), and (p) of this 
section, or if fishing under a NE multispecies DAS, if fishing under 
the small vessel exemption specified in Sec. 648.82(b)(3), or if 
fishing under a scallop state waters exemption specified in 
Sec. 648.54, or if fishing under a scallop DAS in accordance with 
paragraph (o) of this section, or if fishing pursuant to a NE 
multispecies open access Charter/Party or Handgear permit. Any gear on 
a vessel, or used by a vessel, in this area must be authorized under 
one of these exemptions or must be stowed as specified in 
Sec. 648.23(b).
    (iii) Large Mesh vessels. When fishing in the SNE regulated mesh 
area, the minimum mesh size for any sink gillnet on a vessel, or used 
by a vessel, fishing under a DAS in the Large Mesh DAS program 
specified in Sec. 648.82(b)(8) and (9) is 7-inch (17.78-cm) diamond 
mesh throughout the entire net. The minimum mesh size for any trawl net 
on a vessel or used by a vessel fishing under a DAS in the Large Mesh 
DAS program is 8-inch (20.32-cm) diamond mesh throughout the entire 
net. This restriction does not apply to nets or pieces of nets smaller 
than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels 
that have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (3) Exemptions--(i) Species exemptions. (A) Through April 30, 2003, 
owners and operators of 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, Atlantic 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 (k)(3)(ii) of this section and with the mesh size and 
possession limit restrictions specified under Sec. 648.86(d).
    (B) Beginning May 1, 2003, owners and operators of vessels subject 
to the minimum mesh size restrictions specified in paragraph (k)(2) of 
this section may not use nets with mesh size less than 3 inches (7.62 
cm), unless exempted pursuant to paragraph (k)(4) of this section, and 
may fish for, harvest, possess, or land butterfish, dogfish (trawl 
only), herring, Atlantic 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 (k)(3)(ii) of this 
section and with the possession limit restrictions specified under 
Sec. 648.86. Nets may not have a mesh size of less than 3-inch (7.62-
cm) square or diamond mesh counting 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 counting 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.
    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh smaller than 
the minimum size specified in paragraph (k)(2)(i) of this section, 
provided that such nets are stowed and are not available for immediate 
use in accordance with Sec. 648.23(b), and provided that regulated 
species were not harvested by nets of mesh size smaller than the 
minimum mesh size specified in paragraph (k)(2)(i) of this section. 
Vessels fishing for the exempted species identified in paragraph 
(k)(3)(i) of this section may also possess and retain the following 
species, with the restrictions noted, as incidental take to these 
exempted fisheries: Conger eels; sea robins; black sea bass; red hake; 
tautog (blackfish); blowfish; cunner; John Dory; mullet; bluefish; 
tilefish; longhorn sculpin; fourspot flounder; alewife; hickory shad; 
American shad; blueback herring; sea ravens; Atlantic croaker; spot; 
swordfish; 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 and skate parts--up to 10 percent, by 
weight, of all other species on board.
    (4) Addition or deletion of exemptions. Same as under paragraph 
(j)(8) of this section.
    (5) SNE Monkfish and Skate Trawl Exemption Area. A vessel may fish 
with trawl gear in the SNE Monkfish and Skate Trawl Fishery Exemption 
Area when not operating under a NE multispecies DAS if the vessel 
complies with the requirements specified in paragraph (k)(5)(i) of this 
section. The SNE Monkfish and Skate Trawl Fishery Exemption Area is 
defined as the area bounded on the north by a line extending eastward 
along 40 deg.10' N. lat., and bounded on the west by the eastern 
boundary of the Mid-Atlantic Regulated Mesh Area.
    (i) Requirements. (A) A vessel fishing under this exemption may 
only fish for, possess on board, or land monkfish, skates, and the 
incidentally caught species and amounts specified in paragraph (k)(3) 
of this section.
    (B) All trawl nets must have a minimum mesh size of 8-inch (20.3-
cm) square or diamond mesh throughout the codend for at least 45 
continuous meshes forward of the terminus of the net.
    (ii) [Reserved]
    (6) SNE Monkfish and Skate Gillnet Exemption Area. A vessel may 
fish with gillnet gear in the SNE Monkfish and Skate Gillnet Fishery 
Exemption Area when not operating under a NE multispecies DAS if the 
vessel complies with the requirements specified in paragraph (k)(6)(i) 
of this section. The SNE Monkfish and Skate Gillnet Fishery Exemption 
Area is defined by a line running from the Massachusetts shoreline at 
41 deg.35' N. lat. and 70 deg.00' W. long., south to its intersection 
with the outer boundary of the EEZ, southwesterly along the outer 
boundary of the EEZ, and bounded on the west by the eastern boundary of 
the Mid-Atlantic Regulated Mesh Area.
    (i) Requirements. (A) A vessel fishing under this exemption may 
only fish for, possess on board, or land monkfish, skates, and the 
bycatch species and amounts specified in paragraph (b)(3) of this 
section.
    (B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm) 
diamond mesh throughout the net.
    (C) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (k)(6)(i)(B) of this section must be stowed as 
specified in Sec. 648.23(b).
    (ii) [Reserved]
    (7) SNE Dogfish Gillnet Exemption Area. A gillnet vessel may fish 
in the SNE Dogfish Gillnet Fishery Exemption

[[Page 21153]]

Area when not operating under a NE multispecies DAS if the vessel 
complies with the requirements specified in paragraph (k)(7)(i) of this 
section. The SNE Dogfish Gillnet Fishery Exemption Area is defined by a 
line running from the Massachusetts shoreline at 41 deg.35' N. lat. and 
70 deg.00' W. long. south to its intersection with the outer boundary 
of the EEZ, southwesterly along the outer boundary of the EEZ, and 
bounded on the west by the eastern boundary of the Mid-Atlantic 
Regulated Mesh Area.
    (i) Requirements. (A) A vessel fishing under this exemption may 
only fish for, possess on board, or land dogfish and the bycatch 
species and amounts specified in paragraph (k)(3) of this section.
    (B) All gillnets must have a minimum mesh size of 6-inch (15.24-cm) 
diamond mesh throughout the net.
    (C) Fishing is confined to May 1 through October 31.
    (ii) [Reserved]
    (8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish 
with a dredge in the SNE Regulated Mesh Area, provided that any dredge 
on board the vessel does not exceed 8 ft (2.44 m) measured at the 
widest point in the bail of the dredge, and the vessel does not fish 
for, harvest, possess, or land any species of fish other than mussels 
and sea urchins.
    (9) SNE Little Tunny Gillnet Exemption Area. A vessel may fish with 
gillnet gear in the SNE Little Tunny Gillnet Exemption Area when not 
operating under a NE multispecies DAS with mesh size smaller than the 
minimum required in the SNE Regulated Mesh Area, if the vessel complies 
with the requirements specified in paragraph (k)(9)(i) of this section. 
The SNE Little Tunny Gillnet Exemption Area is defined by a line 
running from the Rhode Island shoreline at 41 deg.18.2' N. lat. and 
71 deg.51.5' W. long. (Watch Hill, RI) southwesterly through Fishers 
Island, NY; to Race Point, Fishers Island, NY; and from Race Point, 
Fishers Island, NY; southeasterly to 41 deg.06.5' N. lat. and 
71 deg.50.2' W. long.; east-northeast through Block Island, RI, to 
41 deg.15' N. lat. and 71 deg.07' W. long.; then due north to the 
intersection of the RI-MA shoreline.
    (i) Requirements. (A) A vessel fishing under this exemption may 
fish only for, possess on board, or land little tunny and the allowable 
incidental species and amounts specified in paragraph (k)(3) and, if 
applicable, paragraph (k)(9)(i)(B) of this section. Vessels fishing 
under this exemption may not possess regulated species.
    (B) A vessel may possess bonito as an allowable incidental species, 
provided an exempted fishing permit is obtained from the Highly 
Migratory Species Division (HMS), Office of Sustainable Fisheries, 
NMFS, Gloucester, MA. The HMS reserves the authority to cap the number 
of participants who retain bonito as allowable incidental species 
should conservation and/or protected resource concerns develop.
    (C) The vessel must have a letter of authorization issued by the 
Regional Administrator on board.
    (D) All gillnets must have a minimum mesh size of 5.5-inch (13.97-
cm) diamond mesh throughout the net.
    (E) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (k)(9)(i)(D) of this section must be stowed in 
accordance with one of the methods described under Sec. 648.23(b) while 
fishing under this exemption.
    (F) Fishing is confined to September 1 through October 31.
    (ii) The Regional Administrator shall conduct periodic sea sampling 
to evaluate the likelihood of gear interactions with protected 
resources.
    (l) Mid-Atlantic Regulated Mesh Area--(1) Area definition. The Mid-
Atlantic Regulated Mesh Area is that area bounded on the east by a line 
running from the Rhode Island shoreline at 41 deg.18.2' N. lat. and 
71 deg.51.5' W. long. (Watch Hill, RI), southwesterly through Fishers 
Island, NY; to Race Point, Fishers Island, NY; and from Race Point, 
Fishers Island, NY, southeasterly to the intersection of the 3-nautical 
mile line east of Montauk Point; southwesterly along the 3-nautical 
mile line to the intersection of 72 deg.30' W. long.; and south along 
that line to the intersection of the outer boundary of the EEZ.
    (2) Gear restrictions--(i) Minimum mesh size. Except as provided in 
this paragraph (l)(2)(i), and unless otherwise restricted under 
paragraph (l)(2)(ii) of this section, the minimum mesh size for any 
trawl net, sink gillnet, Scottish seine, purse seine, or midwater trawl 
in use or available for immediate use, as described in Sec. 648.23(b), 
by a vessel fishing under a DAS in the NE multispecies DAS program in 
the Mid-Atlantic Regulated Mesh Area shall be that specified by 
Sec. 648.104(a). This restriction does not apply to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (ii) Large Mesh vessels. When fishing in the MA Regulated Mesh 
Area, the minimum mesh size for any sink gillnet on a vessel, or used 
by a vessel, fishing under a DAS in the Large Mesh DAS program 
specified in Sec. 648.82(b)(8) and (9) is 7-inch (17.78-cm) diamond 
mesh throughout the entire net. The minimum mesh size for any trawl net 
on a vessel, or used by a vessel, fishing under a DAS in the Large Mesh 
DAS program is 8-inch (20.32-cm) diamond mesh throughout the net. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (3) Net stowage exemption. Vessels may possess regulated species 
while in possession of nets with mesh smaller than the minimum size 
specified in paragraph (l)(2)(i) of this section, provided that such 
nets are stowed and are not available for immediate use in accordance 
with Sec. 648.23(b), and provided that regulated species were not 
harvested by nets of mesh size smaller than the minimum mesh size 
specified in paragraph (l)(2)(i) of this section.
    (4) Addition or deletion of exemptions. Same as under paragraph 
(j)(8) of this section.
    (m) Midwater trawl gear exemption. Fishing may take place 
throughout the fishing year with midwater trawl gear of mesh size less 
than the applicable minimum size specified in this section, provided 
that:
    (1) Midwater trawl gear is used exclusively;
    (2) When fishing under this exemption in the GOM or GB Regulated 
Mesh Areas, as defined in Sec. 648.80(j)(1) and (2), and in the Mid-
Atlantic Regulated Mesh Area described in Sec. 648.81(l)(1), the vessel 
has on board a letter of authorization issued by the Regional 
Administrator, and complies with all restrictions and conditions 
thereof;
    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, or mackerel in areas north of 42 deg.20' N. 
lat. and in the areas described in Sec. 648.81(j)(1) and (2), (k)(1), 
and (l)(1); and Atlantic herring, blueback herring, mackerel, or squid 
in all other areas south of 42 deg.20' N. lat.;
    (4) The vessel does not fish for, possess, or land NE multispecies; 
and
    (5) The vessel carries a NMFS-approved sea sampler/observer, if 
requested by the Regional Administrator.
    (n) Restrictions on gear and methods of fishing--(1) Net 
obstruction or constriction. Except as provided in paragraph (n)(5) of 
this section, a fishing vessel subject to minimum mesh size 
restrictions 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, except that one splitting strap and one

[[Page 21154]]

bull rope (if present), consisting of line and rope no more than 3 
inches (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) is not 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 (n)(1), head ropes are not considered part of the top of 
the trawl net.
    (2) Net obstruction or constriction. (i) Except as provided in 
paragraph (n)(5) 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 (n)(1) of this section, if it obstructs the meshes of the net 
in any manner.
    (ii) A fishing vessel may not use a net capable of catching 
multispecies if the bars entering or exiting the knots twist around 
each other.
    (3) Pair trawl prohibition. No vessel may fish for NE multispecies 
while pair trawling, or possess or land NE multispecies that have been 
harvested by means of pair trawling.
    (4) Brush-sweep trawl prohibition. No vessel may fish for, possess, 
or land NE multispecies while fishing with, or while in possession of, 
brush-sweep trawl gear.
    (5) Net strengthener restrictions when fishing for or possessing 
small-mesh multispecies--(i) Nets of mesh size less than 2.5 inches 
(6.35 cm). A vessel lawfully fishing for small-mesh multispecies in the 
GOM, GB, SNE, or Mid-Atlantic Regulated Mesh Areas, as defined in 
paragraphs (j), (k), and (l) of this section, with nets of mesh size 
smaller than 2.5 inches (6.35 cm), as measured by methods specified in 
Sec. 648.80(f), may use net strengtheners (covers as described at 
Sec. 648.23(d)), provided that the net strengthener for nets of mesh 
size smaller than 2.5 inches (6.35 cm) complies with the provisions 
specified under Sec. 648.23(d).
    (ii) Nets of mesh size equal to or greater than 2.5 inches (6.35 
cm) but less than 3 inches (7.62). A vessel lawfully fishing for small-
mesh multispecies in the GOM, GB, SNE, or Mid-Atlantic Regulated Mesh 
Areas, as defined in paragraphs (j), (k), and (l) of this section, with 
nets with mesh size equal to or greater than 2.5 inches (6.35 cm) but 
less than 3 inches (7.62 cm) (as measured by methods specified in 
Sec. 648.80(f), and as applied to the part of the net specified in 
paragraph (d)(1)(iv) of this section) may use a net strengthener (i.e., 
outside net), provided the net strengthener does not have an effective 
mesh opening of less than 6 inches (15.24 cm), diamond or square mesh, 
as measured by methods specified in Sec. 648.80(f). The inside net (as 
applied to the part of the net specified in paragraph (d)(1)(iv) of 
this section) must not be more than 2 ft (61 cm) longer than the 
outside net, must be the same circumference or smaller than the 
smallest circumference of the outside net, and must be the same mesh 
configuration (i.e., both square or both diamond mesh) as the outside 
net.
    (o) Scallop vessels. (1) Except as provided in paragraph (o)(2) of 
this section, a scallop vessel that possesses a limited access scallop 
permit and either a NE multispecies combination vessel permit or a 
scallop multispecies possession limit permit, and that is fishing under 
a scallop DAS allocated under Sec. 648.53, may possess and land up to 
300 lb (136.1 kg) of regulated species per trip, provided that the 
amount of cod on board does not exceed the daily cod limit specified in 
Sec. 648.86(h), up to a maximum of 300 lb (136.1 kg) of cod for the 
entire trip, and provided the vessel has at least one standard tote on 
board, unless otherwise restricted by Sec. 648.86(a)(2).
    (2) Combination vessels fishing under a NE multispecies DAS are 
subject to the gear restriction specified in Sec. 648.80 and may 
possess and land unlimited amounts of regulated species, unless 
otherwise restricted by Sec. 648.86. Such vessels may simultaneously 
fish under a scallop DAS.
    (p) State waters winter flounder exemption. Any vessel issued a NE 
multispecies permit may fish for, possess, or land winter flounder 
while fishing with nets of mesh smaller than the minimum size specified 
in paragraphs (j)(2), (k)(2), and (l)(2) of this section, provided 
that:
    (1) The vessel has on board a certificate approved by the Regional 
Administrator and issued by the state agency authorizing the vessel's 
participation in the state's winter flounder fishing program and is in 
compliance with the applicable state laws pertaining to minimum mesh 
size for winter flounder.
    (2) Fishing is conducted exclusively in the waters of the state 
from which the certificate was obtained.
    (3) The state's winter flounder plan has been approved by the 
Commission as being in compliance with the Commission's winter flounder 
fishery management plan.
    (4) The state elects, by a letter to the Regional Administrator, to 
participate in the exemption program described by this section.
    (5) The vessel does not enter or transit the EEZ.
    (6) The vessel does not enter or transit the waters of another 
state, unless such other state is participating in the exemption 
program described by this section and the vessel is enrolled in that 
state's program.
    (7) The vessel, when not fishing under the DAS program, does not 
fish for, possess, or land more than 500 lb (226.8 kg) of winter 
flounder, and has at least one standard tote on board.
    (8) The vessel does not fish for, possess, or land any species of 
fish other than winter flounder and the exempted small mesh species 
specified under paragraphs (j)(5)(i), (j)(9)(i), (k)(3), and (l)(3) of 
this section when fishing in the areas specified under paragraphs 
(j)(5), (j)(9), (k)(1), and (l)(1) of this section, respectively. 
Vessels fishing under this exemption in New York and Connecticut state 
waters may also possess and retain skate as incidental take in this 
fishery.
    (9) The vessel complies with all other applicable requirements.

    7. In Sec. 648.81, paragraphs (a) through (i), (n) and (o) are 
suspended, and paragraphs (p) through (w) are added to read as follows:


Sec. 648.81  Closed areas.

* * * * *
    (p) Closed Area I. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area I 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request), as defined by straight lines connecting 
the following points in the order stated, except as specified in 
paragraphs (p)(2) and (s) of this section:

                              Closed Area 1
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
CI1............................  41 deg.30'           69 deg.23'
CI2............................  40 deg.45'           68 deg.45'
CI3............................  40 deg.45'           68 deg.30'
CI4............................  41 deg.30'           68 deg.30'
CI1............................  41 deg.30'           69 deg.23'
------------------------------------------------------------------------

    (2) Paragraph (p)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels--
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish, provided that 
there is no retention of regulated species and no other gear on board 
capable of catching NE multispecies; or
    (ii) Fishing with or using pelagic longline gear or pelagic hook- 
and line gear or harpoon gear, provided that

[[Page 21155]]

there is no retention of regulated species, and provided that there is 
no other gear on board capable of catching NE multispecies; or
    (iii) Fishing with pelagic midwater trawl gear, consistent with 
Sec. 648.80(d), provided that the Regional Administrator shall review 
information pertaining to the bycatch of regulated NE multispecies and, 
if the Regional Administrator determines, on the basis of sea sampling 
data or other credible information for this fishery, that the bycatch 
of regulated multispecies exceeds, or is likely to exceed, 1 percent of 
herring and mackerel harvested, by weight, in the fishery or by any 
individual fishing operation, the Regional Administrator may place 
restrictions and conditions in the letter of authorization for any or 
all individual fishing operations or, after consulting with the 
Council, suspend or prohibit any or all midwater trawl activities in 
the closed areas.
    (q) Closed Area II. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area II 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request), as defined by straight lines connecting 
the following points in the order stated, except as specified in 
paragraph (q)(2) of this section:

                             Closed Area II
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
ClI1...........................  41 deg.00'           67 deg.20'
ClI2...........................  41 deg.00'           66 deg.35.8'
G5.............................  41 deg.18.6'         66 deg.24.8' (the
                                                       U.S.-Canada
                                                       Maritime
                                                       Boundary)
ClI3...........................  42 deg.22'           67 deg.20' (the
                                                       U.S.-Canada
                                                       Maritime
                                                       Boundary)
ClI1...........................  41 deg.00'           67 deg.20'
------------------------------------------------------------------------

    (2) Paragraph (q)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels fishing with gears as described in 
paragraph (p)(2) of this section, or that are transiting the area, 
provided:
    (i) The operator has determined that there is a compelling safety 
reason; and
    (ii) The vessel's fishing gear is stowed in accordance with the 
provisions of Sec. 648.23(b).
    (r) Nantucket Lightship Closed Area. (1) No fishing vessel or 
person on a fishing vessel may enter, fish, or be in the area known as 
the Nantucket Lightship Closed Area (copies of a chart depicting this 
area are available from the Regional Administrator upon request), as 
defined by straight lines connecting the following points in the order 
stated, except as specified in paragraphs (r)(2) and (s) of this 
section:

                     Nantucket Lightship Closed Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
G10............................  40 deg.50'           69 deg.00'
CN1............................  40 deg.20'           69 deg.00'
CN2............................  40 deg.20'           70 deg.20'
CN3............................  40 deg.50'           70 deg.20'
G10............................  40 deg.50'           69 deg.00'
------------------------------------------------------------------------

    (2) Paragraph (r)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels:
    (i) Fishing with gears as described in paragraph (p)(2) of this 
section;
    (ii) Fishing with or using dredge gear designed and used to take 
surf clams or ocean quahogs, provided that there is no retention of 
regulated species and no other gear on board capable of catching NE 
multispecies; or
    (iii) Classified as charter, party or recreational vessel, provided 
that:
    (A) If the vessel is a party or charter vessel, it has a letter of 
authorization issued by the Regional Administrator on board;
    (B) Fish harvested or possessed by the vessel are not sold or 
intended for trade, barter or sale, regardless of where the fish are 
caught; and
    (C) The vessel has no gear other than rod and reel or handline gear 
on board.
    (s) Transiting. A vessel may transit Closed Area I, the Nantucket 
Lightship Closed Area, the GOM Rolling Closure Areas, the Eastern GOM 
Closure Area, the Western GOM Closure Area, and the Georges Bank 
Seasonal Closure Area, as defined in paragraphs (p)(1), (r)(1), (t)(1), 
(u)(1), (v)(1), and (w)(1), respectively, of this section, provided 
that it does not fish in these areas and its gear is stowed in 
accordance with the provisions of Sec. 648.23(b). For gears for which 
stowage provisions are not specified at Sec. 648.23(b), the gear must 
not be available for immediate use and must not have been recently 
used.
    (t) GOM Rolling Closure Areas. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, or be in; and no fishing gear 
capable of catching NE multispecies, unless otherwise allowed in this 
part, may be in, or on board a vessel in GOM Rolling Closure Areas III 
through V, as described in paragraphs (t)(1)(i) through (iii) of this 
section, for the times specified in paragraphs (t)(1)(i) through (iii) 
of this section, except as specified in paragraph (s) and paragraph 
(t)(2) of this section. A chart depicting these areas is available from 
the Regional Administrator upon request (see Table 1 to Sec. 600.502 of 
this chapter).
    (i) Rolling Closure Area III. From May 1 through May 31, the 
restrictions specified in paragraph (t)(1) of this section apply to 
Rolling Closure Area III, which is the area bounded by straight lines 
connecting the following points in the order stated:

                        Rolling Closure Area III
                             [May 1-May 31]
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.*
------------------------------------------------------------------------
GM1............................  42 deg.00'           (\1\)
GM2............................  42 deg.00'           (\2\)
GM3............................  42 deg.00'           (\3\)
GM4............................  42 deg.00'           70 deg.00'
GM23...........................  42 deg.30'           70 deg.00'
GM6............................  42 deg.30'           68 deg.30'
GM14...........................  43 deg.30'           68 deg.30'
GM10...........................  43 deg.30'           (\4\)
------------------------------------------------------------------------
* or other intersecting line:
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.

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

                         Rolling Closure Area IV
                            [June 1-June 30]
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.*
------------------------------------------------------------------------
GM9............................  42 deg.30'           (\1\)
GM23...........................  42 deg.30'           70 deg.00'
GM17...........................  43 deg.30'           70 deg.00'
GM19...........................  43 deg.00'           (\2\)
GM20...........................  44 deg.00'           (\2\)
GM21...........................  44 deg.00'           69 deg.00'
GM22...........................  (\3\)                69 deg.00'
------------------------------------------------------------------------
* or other intersecting line:
\1\ Massachusetts shoreline.
\2\ U.S.-Canada maritime boundary.
\3\ Maine shoreline.

    (2) Paragraph (t)(1) of this section does not apply to persons 
aboard fishing vessels or fishing vessels:
    (i) That have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters;
    (ii) That are fishing with or using exempted gear as defined under 
this part, subject to the restrictions on midwater trawl gear in 
paragraph (p)(2)(iii) of this section, and excluding pelagic gillnet 
gear capable of catching NE multispecies, except for vessels fishing 
with a single pelagic gillnet, not longer than 300 ft (91.4 m) and not 
greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches 
(7.62 cm), provided:

[[Page 21156]]

    (A) The net is attached to the boat and fished in the upper two-
thirds of the water column;
    (B) The net is marked with the owner's name and vessel 
identification number;
    (C) There is no retention of regulated species; and
    (D) There is no other gear on board capable of catching NE 
multispecies;
    (iii) That are fishing under charter/party or private recreational 
regulations, provided that:
    (A) For vessels fishing under charter/party regulations, it has on 
board a letter of authorization issued by the Regional Administrator, 
which is valid through July 31, 2002;
    (B) Fish harvested or possessed by the vessel are not sold or 
intended for trade, barter or sale, regardless of where the fish are 
caught;
    (C) The vessel has no gear other than rod and reel or handline on 
board; and
    (D) The vessel does not use any NE multispecies DAS during the 
entire period of enrollment.
    (iv) That are fishing with or using scallop dredge gear when 
fishing under a scallop DAS or when lawfully fishing in the Scallop 
Dredge Fishery Exemption Area as described in Sec. 648.80(j)(11), 
provided the vessel does not retain any regulated NE multispecies 
during a trip, or on any part of a trip.
    (v) That are fishing in the Raised Footrope Trawl Exempted Whiting 
Fishery, as specified in Sec. 648.80(j)(15), and in the Gulf of Maine 
Rolling Closure Area V, as specified in paragraph (t)(1)(iii) of this 
section.
    (u) Cashes Ledge Closure Area. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, or be in, and no fishing gear 
capable of catching NE multispecies, unless otherwise allowed in this 
part, may be in, or on board a vessel in, the area known as the Cashes 
Ledge Closure Area, as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(s) and (u)(2) of this section:

                      Cashes Ledge Closure Area \1\
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
CL1............................  43 deg.07'           69 deg.02'
CL2............................  42 deg.49.5'         68 deg.46'
CL3............................  42 deg.46.5'         68 deg.50.5'
CL4............................  42 deg.43.5'         68 deg.58.5'
CL5............................  42 deg.42.5'         69 deg.17.5'
CL6............................  42 deg.49.5'         69 deg.26'
CL1............................  43 deg.07'           69 deg.02'
------------------------------------------------------------------------
\1\ A chart depicting this area is available from the Regional
  Administrator upon request (see Table 1 to Sec.  600.502 of this
  chapter).

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

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

    (2) Paragraph (v)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraphs 
(t)(2)(ii) and (iii) of this section.
    (w) Georges Bank Seasonal Closure Area. (1) From May 1 through May 
31, no fishing vessel or person on a fishing vessel may enter, fish in, 
or be in, and no fishing gear capable of catching multispecies, unless 
otherwise allowed in this part, may be in the area known as the Georges 
Bank Seasonal Closure Area, as defined as the straight lines connecting 
the following points in the order stated, except as specified in 
paragraphs (s) and (w)(2) of this section:

                   Georges Bank Seasonal Closure Areas
                             [May 1-May 31]
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
GB1............................  42 deg.00'           (\1\)
GB2............................  42 deg.00'           67 deg.20'
GB3............................  41 deg.30'           67 deg.20'
GB4............................  41 deg.30'           69 deg.23'
GB5............................  (\2\)                69 deg.00'
GB6............................  41 deg.00'           69 deg.00'
GB7............................  41 deg.00'           70 deg.00'
GB1............................  42 deg.00'           (\1\)
------------------------------------------------------------------------
\1\ Cape Cod shoreline on Atlantic Ocean.
\2\ 2 Western boundary of Closed Area 1.

    (2) Paragraph (w)(1) of this section does not apply to persons on 
fishing vessels or to fishing vessels:
    (i) That meet the criteria in paragraphs (t)(2)(i) or (ii) of this 
section;
    (ii) That are fishing as charter/party or recreational vessels; or
    (iii) That are fishing with or using scallop dredge gear when 
fishing under a scallop DAS or when lawfully fishing in the Scallop 
Dredge Fishery Exemption Area as described in Sec. 648.80(j)(11), 
provided the vessel uses an 8-inch (20.3-cm) twine top and complies 
with the NE multispecies possession restrictions for scallop vessels 
specified at Sec. 648.80(o).

    8. In Sec. 648.82, paragraphs (b)(6), (b)(7), (e), (k)(1)(i), 
(k)(1)(ii), and (k)(1)(v) are suspended; and paragraphs (b)(8), (b)(9), 
(k)(1)(viii), (k)(1)(ix), and (l) are added to read as follows:


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

* * * * *
    (b) * * *
    (8) Large Mesh Individual DAS category--(i) DAS allocation. A 
vessel fishing under the Large Mesh Individual DAS category shall be 
allocated a DAS increase of 36 percent over the DAS allocations 
specified in paragraph (b)(1)(i) of this section (this includes the 
proration factor for 1996). To be eligible to fish under the Large Mesh 
Individual DAS category, a vessel, while fishing under this category, 
must fish with gillnet gear with a minimum size of 7-inch (17.78-cm) 
diamond mesh or with trawl gear with a minimum mesh size of 8-inch 
(20.32-cm) diamond mesh, for the entire year, as described under 
Sec. 648.80(j)(3)(vi), (k)(2)(iii), and (l)(2)(ii).
    (ii) Initial assignment. No vessel shall be initially assigned to 
the large Mesh Individual DAS category. Any vessel that is initially 
assigned to the Individual DAS, Fleet DAS, or Small Vessel category may 
request and be granted a switch into this category as specified in 
Sec. 648.4(a)(1)(i)(I)(2).
    (9) Large Mesh Fleet DAS category--(i) DAS allocation. A vessel 
fishing under the Large Mesh Fleet DAS category shall be allocated 120 
DAS. To be eligible to fish under the Large Mesh Fleet DAS category, a 
vessel while fishing under this category must fish with gillnet gear 
with a minimum mesh size of 7-inch (17.78-cm) diamond mesh or trawl 
gear with a minimum mesh size of 8-inch (20.32-cm) diamond mesh, as 
described under Sec. 648.80(j)(3)(vi), (k)(2)(iii), and (l)(2)(ii).
    (ii) Initial assignment. No vessel shall be initially assigned to 
the Large Mesh Fleet DAS category. Any vessel that is initially 
assigned to the Individual DAS, Fleet DAS, or Small Vessel category may 
request and be granted a switch into this category as specified in 
Sec. 648.4(a)(1)(i)(I)(2).
* * * * *

[[Page 21157]]

    (k) * * *
    (1) * * *
    (viii) Number and size of nets. NE multispecies limited access 
vessels fishing under a NE multispecies DAS may not fish with, haul, 
possess, or deploy more than 50 stand-up (roundfish) gillnets or 100 
tie-down (flatfish) nets, except as provided in paragraph (k)(1)(i)(A) 
of this section. Vessels may fish any combination of roundfish and 
flatfish gillnets up to 100 nets, provided that the number of roundfish 
and flatfish gillnets does not exceed the limitations specified in this 
paragraph (k)(1)(viii). Nets may not be longer than 300 ft (91.44 m), 
or 50 fathoms, in length.
    (A) Monkfish limited access vessels fishing with a valid monkfish 
Category C or D permit (i.e., vessels that possess both a monkfish and 
multispecies limited access permit) that obtain an annual designation 
as a Day gillnet vessel and that are fishing under a monkfish DAS, may 
fish up to 150 monkfish nets as specified in Sec. 648.92(b)(8)(iv), 
provided the vessels complies with the minimum gillnet mesh size 
restriction of 10-inch (25.4-cm) mesh, as specified in 
Sec. 648.91(c)(1)(iii).
    (B) [Reserved]
    (ix) Removal of nets from water. Gillnets must be removed from the 
water when the annual NE multispecies DAS allocated has been used or 
the maximum allowable quarterly NE multispecies DAS, as specified in 
paragraph (l) of this section, have been used.
* * * * *
    (l) Accrual of DAS and restrictions on NE multispecies DAS use--(1) 
15-hour minimum for trips of 3 to 15 hours. For vessels fishing under a 
NE multispecies DAS, at any time during a fishing trip under a NE 
multispecies DAS, DAS shall be accrued in the following manner: For 
trips less than or equal to 3 hours in duration (from the time a vessel 
lawfully calls into the DAS program until the time it lawfully calls 
out of the DAS program), DAS will be deducted from the vessel's annual 
NE multispecies DAS allocation on an actual time basis (to the nearest 
minute) up to 3 hours. For trips greater than 3 hours and less than or 
equal to 15 hours, 15 hours will be deducted from the vessel's annual 
NE multispecies DAS allocation.
    (2) Quarterly restriction of NE multispecies DAS use. Vessels may 
use no more than 25 percent of their annual NE multispecies DAS 
allocation, as specified under Sec. 648.82(b) during the first quarter 
(May-July) of the fishing year (e.g., for the period May through July, 
a Fleet DAS vessel would be restricted to using no more than 22 NE 
multispecies DAS from its annual allocation of 88 DAS). End-of-year 
carry-over NE multispecies DAS accrued from the May 1, 2001, through 
April 30, 2002, fishing year, as specified in Sec. 648.82(a)(1), may 
not be included when determining 25 percent of a vessel's annual DAS 
allocation under this provision.

    9. In Sec. 648.86, paragraphs (b)(4), (d)(2), and (e)(2) are 
suspended, and paragraphs (b)(5), (d)(4), and (e)(4) are added to read 
as follows:


Sec. 648.86  NE multispecies possession restrictions.

* * * * *
    (b) * * *
    (5) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (h)(1) of this 
section when fishing south of the GOM Regulated Mesh Area as defined in 
Sec. 648.80(j)(1), provided that it does not fish in the GOM Regulated 
Mesh Area for a minimum of 30 consecutive days (when fishing under the 
multispecies DAS program), and has on board an authorization letter 
issued by the Regional Administrator. Vessels exempt from the landing 
limit requirement may transit the GOM Regulated Mesh Area, provided 
that their gear is stowed in accordance with one of the provisions of 
Sec. 648.23(b).
* * * * *
    (d) * * *
    (4) Possession limit for vessels participating in the northern 
shrimp fishery. Owners and operators of vessels participating in the 
Small-Mesh Northern Shrimp Fishery Exemption Area, as described in 
Sec. 648.80(j)(5), with a vessel issued a valid Federal NE 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.
    (e) * * *
    (4) Possession limit for vessels participating in the northern 
shrimp fishery. Owners or operators of vessels fishing in the Small-
mesh Northern Shrimp Fishery Exemption Area under the exemption 
described in Sec. 648.80(j)(5), with a vessel issued a valid Federal NE 
multispecies permit specified under Sec. 648.4(a)(1), may possess on 
board or 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.
* * * * *

    10. In Sec. 648.89, paragraphs (b) through (e) are suspended and 
paragraphs (f) through (i) are added to read as follows:


Sec. 648.89  Recreational and charter/party restrictions.

* * * * *
    (f)(1) Recreational minimum fish sizes. Persons aboard charter or 
party vessels permitted under this part and not fishing under the NE 
multispecies DAS program, and private recreational fishing vessels in 
the EEZ, may not retain fish smaller than the minimum fish sizes, 
measured in total length (TL) as follows:

  Minimum Fish Sizes (TL) for Charter, Party, and Private Recreational
                                 Vessels
------------------------------------------------------------------------
                Species                          Sizes  (inches)
------------------------------------------------------------------------
Cod....................................  23 (58.42 cm)
Haddock................................  21 (53.3 cm)
Pollock................................  19 (48.3 cm)
Witch flounder (gray sole).............  14 (35.6 cm)
Yellowtail flounder....................  13 (33.0 cm)
Atlantic halibut.......................  36 (91.4 cm)
American plaice (dab)..................  14 (35.6 cm)
Winter flounder (blackback)............  12 (30.5 cm)
Redfish................................  9 (22.9 cm)
------------------------------------------------------------------------

    (2) Exception. Vessels may possess fillets less than the minimum 
size specified if the fillets are taken from legal-sized fish and are 
not offered or intended for sale, trade or barter.
    (g) Possession restrictions--(1) Cod and haddock--(i) GOM Regulated 
Mesh Area. For charter, party, and private recreational vessels fishing 
any part of a trip in the GOM Regulated Mesh Area as defined in 
Sec. 648.80(j)(1), each person on the vessel may possess no more than 
10 cod and/or haddock, combined, in, or harvested from the EEZ.
    (ii) Areas other than the GOM Regulated Mesh Area. For a private 
recreational vessel fishing in areas other than the GOM Regulated Mesh 
Area, each person on the vessel may possess no more than 10 cod and/or 
haddock, combined, in, or harvested from the EEZ.
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet,

[[Page 21158]]

such fillet shall be deemed to be from one whole fish.
    (iv) Cod and haddock harvested by private recreational vessels with 
more than one person aboard may be pooled in one or more containers. 
Compliance with the possession limit will be determined by dividing the 
number of fish on board by the number of persons on board. If there is 
a violation of the possession limit on board a vessel carrying more 
than one person, the violation shall be deemed to have been committed 
by the owner and operator of the vessel.
    (v) Cod and haddock must be stored so as to be readily available 
for inspection.
    (2) Atlantic halibut. Charter and party vessels permitted under 
this part, and private recreational fishing vessels fishing in the EEZ, 
may not possess on board more than one Atlantic halibut.
    (h) Restrictions on sale. It is unlawful to sell, barter, trade, or 
otherwise transfer for a commercial purpose, or to attempt to sell, 
barter, or otherwise transfer for a commercial purpose, NE multispecies 
caught or landed by charter or party vessels permitted under this part 
not fishing under a DAS or private recreational fishing vessels fishing 
in the EEZ.
    (i) Charter/party vessel restrictions on fishing in Gulf of Maine 
closed areas and the Nantucket Lightship Closed Area.
    (1) Gulf of Maine Closed Areas. Charter/party vessels issued a 
Federal multispecies permit and fishing under the charter/party 
provisions may not fish in the Gulf of Maine closed areas specified in 
Sec. 648.81(t)(1), (u)(1), and (v)(1) during the time periods specified 
in those sections, unless the vessel has on board a letter of 
authorization issued by the Regional Administrator pursuant to 
Secs. 648.81(t)(2)(iii) and 648.89(i)(3). The letter of authorization 
is valid through July 31, 2002.
    (2) Nantucket Lightship Closed Area. Charter/party vessels may not 
fish in the Nantucket Lightship Closed Area specified in 
Sec. 648.81(r)(1) unless the vessel has on board a letter of 
authorization issued by the Regional Administrator pursuant to 
Secs. 648.81(r)(2)(iii) and 648.89(i)(3).
    (3) Letters of Authorization. To obtain either of the letters of 
authorization specified in Sec. 648.89(i)(1) and (2), a vessel owner 
must request a letter from the Northeast Regional Office of NMFS, 
either in writing or by phone (see Table 1 to Sec. 600.502). As a 
condition of these letters of authorization, the vessel owner must 
agree to the following:
    (i) The letter of authorization must be carried on board the vessel 
during the period of participation;
    (ii) Fish harvested or possessed by the vessel may not be sold or 
intended for trade, barter or sale, regardless of where the fish are 
caught;
    (iii) The vessel has no gear other than rod and reel or handline 
gear on board; and
    (iv) For the Gulf of Maine closure areas, charter/party vessels may 
not use any NE multispecies DAS during the period of participation.

    11. In Sec. 648.91, paragraphs (c)(1)(i) and (ii) are suspended and 
paragraphs (c)(1)(v) and (vi) are added to read as follows:


Sec. 648.91  Monkfish regulated mesh areas and restrictions on gear and 
methods of fishing.

* * * * *
    (c) * * *
    (1) * * *
    (v) Trawl nets while on a monkfish DAS. Except as provided in 
paragraph (c)(1)(vi) of this section, the minimum mesh size for any 
trawl net, including beam trawl nets, used by a vessel fishing under a 
monkfish DAS is 10-inch (25.4-cm) square or 12-inch (30.5-cm) diamond 
mesh throughout the codend for at least 45 continuous meshes forward of 
the terminus of the net. The minimum mesh size for the remainder of the 
trawl net is the regulated mesh size specified under Sec. 648.80(j)(3), 
(j)(4), (k)(2)(i), or (l)(2)(i) of the Northeast multispecies 
regulations, depending upon and consistent with the NE multispecies 
regulated mesh area being fished.
    (vi) Trawl nets while on a monkfish and NE multispecies DAS. For 
vessels issued a Category C or D limited access monkfish permit and 
fishing with trawl gear under both a monkfish and NE multispecies DAS, 
the minimum mesh size is that allowed under regulations governing mesh 
size for the NE Multispecies FMP at Sec. 648.80(j)(3), (j)(4), 
(k)(2)(i), or (l)(2)(i), depending upon, and consistent with, the NE 
multispecies regulated mesh area being fished.
* * * * *

    12. In Sec. 648.92, paragraphs (b)(8)(i), and (ii) are suspended 
and paragraph (b)(8)(vi) is added to read as follows:


Sec. 648.92  Effort-control program for monkfish limited access 
vessels.

* * * * *
    (b) * * *
    (8) * * *
    (vi) Number and size of nets. A vessel issued a monkfish limited 
access permit or fishing under a monkfish DAS may not fish with, haul, 
possess, or deploy more than 150 gillnets. A vessel issued a NE 
multispecies limited access permit and a limited access monkfish 
permit, or fishing under a monkfish DAS, may fish any combination of 
monkfish, roundfish, and flatfish gillnets, up to 150 nets total, 
provided that the number of monkfish, roundfish, and flatfish gillnets 
is consistent with the limitations of Sec. 648.82(k)(1)(viii). Nets may 
not be longer than 300 ft (91.44 m), or 50 fathoms, in length.

[FR Doc. 02-10488 Filed 4-25-02; 1:12 pm]
BILLING CODE 3510-22-P