[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Proposed Rules]
[Pages 44139-44166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16266]



[[Page 44139]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 020409080-2155-04; I.D. 061402D]
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: Proposed interim rule; request for comments.

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SUMMARY: NMFS proposes an interim rule under section 305(c) of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) to implement additional interim measures intended to 
reduce overfishing on species managed under the Northeast Multispecies 
Fishery Management Plan (FMP). This rule proposes additional 
restrictions specified in the Settlement Agreement Among Certain 
Parties (``Settlement Agreement''), which was ordered to be implemented 
by the U.S. District Court for the District of Columbia (Court) in a 
Remedial Order issued on May 23, 2002. The additional measures include 
the following: A freeze on days-at-sea (DAS) at the highest annual 
level used from fishing years 1996-2000 (beginning May 1, 1996 through 
April 30, 2001) and a 20-percent cut from that level; a freeze on the 
issuance of new open access Hand-gear permits, and a decreased cod, 
haddock, and yellowtail flounder possession limit for that category; 
increased gear restrictions for certain gear types, including gillnets, 
hook-gear and trawl nets; restrictions on yellowtail flounder catch; 
and mandated observer coverage levels for all gear sectors in the 
Northeast (NE) multispecies fishery. This rule also proposes to 
continue many of the measures contained in an earlier interim final 
rule that was published on April 29, 2002, for this fishery. This 
action is necessary to bring the regulations governing the (NE) 
multispecies (groundfish) fishery into compliance with the Settlement 
Agreement Among Certain Parties (Settlement Agreement) and the Court's 
Remedial Order.

DATES: Comments on this proposed interim rule must be received no later 
than 5 p.m., local time, on July 16, 2002.

ADDRESSES: Written comments on the proposed rule should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of 
the envelope, ``Comments on the August Proposed Interim 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.
    Written comments regarding the approved collection-of-information 
requirements should be sent to the Regional Administrator and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Washington, DC 20503 (Attn: NOAA Desk Officer).
    Copes of the rule, including the Environmental Assessment/ 
Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/
RIR/IRFA) are available upon request from the Regional Administrator. 
The EA/RIR/IRFA is also accessible via the Internet at http://www.nero.nmfs.gov.

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 Court on a 
lawsuit brought by the Conservation Law Foundation (CLF), 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 
Fishery Conservation and Management Act (Magnuson-Stevens Act) (16 
U.S.C. 1801, et seq.), as amended by the Sustainable Fisheries Act 
(SFA). The Court granted Plaintiffs' Motion for Summary Judgment on all 
counts, but did not impose a remedy. Instead, the Court asked the 
parties to the lawsuit to propose remedies consistent with the Court's 
findings. Shortly thereafter, several additional parties were allowed 
to intervene in the lawsuit for purposes of proposing the appropriate 
remedy. These parties (``Intervenors'') included the States of Maine, 
New Hampshire, Massachusetts, and Rhode Island, and three industry 
groups. Additional background on the lawsuit is contained in the 
preamble to the interim rules published by NMFS on April 29, 2002 (67 
FR 21140), May 6, 2002 (67 FR 30331), and June 5, 2002 (67 FR 38608), 
and is not repeated here.
    From April 5-9, 2002, Plaintiffs, Defendants and Intervenors 
engaged in Court-sponsored mediation to try to agree upon mutually 
acceptable short-term and long-term solutions to present to the Court 
as an appropriate remedy. Although these discussions ended with no 
agreement, several of the parties continued mediation and filed a 
Settlement Agreement with the Court on April 16, 2002. In addition to 
NMFS, the parties signing the agreement include CLF, which is one of 
the Plaintiff conservation groups, all four state Intervenors, and two 
of three industry Intervenors.
    In order to ensure the implementation of protective management 
measures by May 1, 2002, NMFS, notwithstanding that the Court had not 
yet issued its Remedial Order, filed an interim final rule with the 
Office of the Federal Register on April 25, 2002, for publication on 
April 29, 2002. The interim final rule that was published on April 29, 
2002, implemented measures identical to the short-term measures 
contained in the Settlement Agreement filed with the Court.
    On April 26, 2002, the Court issued a Remedial Order that ordered 
the promulgation of two specific sets of management measures--one to be 
effective from May 1, 2002, to July 31, 2002, and the other from August 
1, 2002, until promulgation of Amendment 13 to the FMP. The Court-
ordered measures for the first set of measures were, in the majority, 
identical with those contained in the Settlement Agreement and the 
measures contained in NMFS' April 29, 2002, interim final rule. 
However, the Court-ordered measures included additional provisions and 
an accelerated schedule of effectiveness for all measures, which were 
not contained in either the Settlement Agreement or the April 29, 2002, 
interim final rule. According to the Court, these additional provisions 
were included to strengthen the Settlement Agreement provisions ``in 
terms of reducing overfishing and minimizing bycatch without risking 
the lives of fishermen or endangering the future of their communities 
and their way of life.'' Remedial Order, p.13. Further, the Court 
ordered that NMFS publish in the Federal Register, as quickly as 
possible, an ``amended interim rule and an amended second interim 
rule'' that would ``include the departures from the Settlement

[[Page 44140]]

Agreement incorporated in the Remedial Order.'' To comply with the 
Court Order, NMFS published a second interim final rule (``amended 
interim rule'') to modify the measures implemented through the April 
29, 2002, interim final rule and to accelerate the effectiveness of the 
gear restrictions, as required by the Remedial Order. Because the 
Court's Remedial Order was not entirely consistent with the terms of 
the Settlement Agreement, NMFS, CLF, and the Intervenors filed motions 
for reconsideration with the Court, requesting that the Court implement 
the terms of the Settlement Agreement without change.
    On May 23, 2002, the Court issued an Order, in the case of 
Conservation Law Foundation, et al., v. Evans et al (Case No. 001134 
GK)(D.D.C. May 23, 2002) granting the motions for reconsideration on 
the basis that ``the important changes made by the Court in the complex 
and carefully crafted Settlement Agreement Among Certain Parties * * * 
would produce unintended consequences.'' The Court ordered that the 
Settlement Agreement be implemented according to its terms; that the 
Secretary of Commerce (Secretary) publish an interim rule, effective no 
later than June 1, 2002, to reduce overfishing in the first quarter of 
the 2002-2003 fishing year; that the Secretary publish another interim 
rule to be effective no later than August 1, 2002, to reduce 
overfishing beginning with the second quarter of the 2002-2003 fishing 
year, and continuing until implementation of Amendment 13 to the FMP, 
which complies with the overfishing, rebuilding, and bycatch provisions 
of the SFA; and that, no later than August 22, 2003, the Secretary 
promulgate such an amendment to the FMP.
    In response to the May 23, 2002, Court Order, on May 31, 2002, NMFS 
filed an interim rule with the Federal Register (67 FR 38608, June 5, 
2002) that implemented regulations for the June 1 through July 31, 
2002, period, consistent with the Settlement Agreement. This proposed 
interim rule would implement management measures for the period August 
1, 2002, through the implementation of Amendment 13, in accordance with 
the Settlement Agreement and the Remedial Order. Amendment 13, which 
will bring the FMP into full compliance with the SFA, is under 
development by NMFS and the New England Fishery Management Council 
(Council) and is intended to be implemented by August 22, 2003. This 
proposed rule is being proposed as an interim action necessary to 
reduce overfishing consistent with and pursuant to section 305(c) of 
the Magnuson-Stevens Act, while Amendment 13 is being developed.

Management Measures

    All measures that were in effect prior to May 1, 2002, and not 
amended by this proposed interim rule, remain in effect as of August 1, 
2002. These measures, therefore, are not discussed specifically in the 
description that follows. The following management measures are 
proposed to be implemented on August 1, 2002. These measures are 
designed to reduce overfishing on all ``regulated species'' managed 
under the FMP.

New Regulated Mesh Areas

    This interim action would redefine and divide the Gulf of Maine/
Georges Bank (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 areas where the GOM cod and GB cod trip limits 
apply; and the GB RMA, which is that part of the current GOM/GB RMA 
that lies south of the GOM cod exemption line and continues south to 
the EEZ for the areas lying east of 69 deg.00' W. long. The Southern 
New England (SNE) and Mid-Atlantic (MA) RMAs would also be redefined. 
The SNE RMA would be defined as the area that lies west of the GB RMA 
and east of a line beginning at the intersection of 74 deg.00' W. long. 
and the south-facing shoreline of Long island, NY, and running 
southward along the 74 deg.00' W. long. line. The MA RMA would be 
defined as the area west of the SNE RMA. Specific management measures 
would apply, depending on the area fished. For the purposes of the 
exempted fishery programs already implemented under the FMP, the GOM/GB 
and SNE RMAs, as defined under Amendment 7, would remain in effect and 
would be referred to as Exemption Areas.

DAS Freeze

    This measure proposes to establish a new DAS baseline, or ``used 
DAS baseline,'' for each vessel, based on the permit history of that 
vessel. The used DAS baseline for a limited access permit would be 
calculated based on the highest number of DAS that a vessel(s) fished 
during a single fishing year using the 1996 through 2000 fishing years, 
beginning May 1, 1996, through April 30, 2001, not to exceed the 
vessel's current DAS allocation in any given year. For vessels where 
the calculation of the baseline DAS would result in a net amount of DAS 
less than 10, the vessel would be allocated a used DAS baseline of 10 
DAS. For the majority of limited access vessels, the used DAS baseline 
would be determined by the number of DAS called-in to the NE 
multispecies DAS program during the May 1, 1996, through April 30, 
2001, period. For vessels fishing with a NMFS-approved Vessel 
Monitoring System (VMS), NE multispecies DAS for each trip would be 
determined based on when the first hourly location signal was received 
showing that the vessel crossed the VMS Demarcation Line leaving port, 
until the first hourly location signal was received showing that the 
vessel crossed the VMS Demarcation Line upon its return to port, unless 
the vessel's authorized representative declared the vessel out of the 
NE multispecies fishery for a specific time period by notifying the 
Regional Administrator, Northeast Regional Office, NMFS (RA) through 
the VMS prior to the vessel leaving port. Because some NE multispecies 
limited access vessels that are currently required to fish under the NE 
multispecies DAS program were exempt from the DAS requirements prior to 
July 1, 1996, the implementation date of Amendment 7 (61 FR 2270, May 
31, 1996); i.e., vessels in the 45-ft (13.7-m)-and-less, Hook-Gear and 
Gillnet permit categories; NE multispecies DAS for these vessels during 
the period May 1, 1996, through June 30, 1996, would be determined 
based on information derived from the Vessel Trip Reports (VTRs), 
provided that the VTRs were submitted to NMFS prior to April 9, 2002. 
The procedure for determining a vessel's used DAS baseline would be the 
same for vessels that currently possess a Confirmation of Permit 
History. Vessels that have a valid NE multispecies limited access Small 
Vessel category permit (vessels 30 ft (9.1 m) or less in length 
overall) would remain exempt from the NE multispecies DAS restrictions.
    As noted above, the used DAS baseline would be calculated based 
upon historic DAS use associated with the currently valid limited 
access permit. The DAS associated with a particular permit history may 
not equal the DAS associated with a particular vessel because vessels 
may be replaced and the permits transferred from one vessel to another. 
NMFS will notify vessel owners in writing of their NE multispecies used 
DAS baselines. A vessel's used DAS baseline may be appealed to the 
Regional Administrator by August 31, 2002. The request to appeal must 
be in writing and provide credible evidence that the information used 
by the Regional Administrator in making the determination of the 
vessel's used DAS baseline was based on

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mistaken or incorrect data. The decision on appeal shall be determined 
solely on the basis of written information submitted, unless the 
Regional Administrator specifies otherwise. The Regional 
Administrator's decision on appeal is the final decision of the 
Department of Commerce.

DAS Effort Reduction

    This measure would reduce the vessel's baseline level of used DAS, 
calculated as described above, by 20 percent. This measure would be 
specific to the 2002 fishing year, beginning May 1, 2002, through April 
30, 2003, and for the 2003 fishing year, beginning May 1, 2003, until 
implementation of Amendment 13 to the FMP. For the 2002 fishing year, 
NE multispecies DAS that were fished by a vessel during the period May 
1 through July 31, 2002, would be deducted from that vessel's total 
allocated DAS. That is, each vessel's DAS allocation for August 1, 
2002, through April 30, 2003, would be equal to that vessel's used DAS 
baseline, minus 20 percent of that vessel's used DAS baseline, minus 
the DAS that vessel fished during May through July, 2002. During the 
period May 1 through July 31, 2002, all NE multispecies DAS vessels are 
subject to a minimum of 15 hours for each NE multispecies DAS trip that 
exceeded 3 hours. For the purposes of determining NE multispecies DAS 
used during the period May through July, 2002, DAS would be counted 
based on the 15-hour minimum restriction for day gillnet vessels only. 
DAS for all other vessels fishing under a NE multispecies DAS during 
May through July, 2002, would be counted as actual time.
    Vessels for which the amount of NE multispecies DAS available for 
use as of August 1, 2002, would be less than or equal to the DAS fished 
during the May through July 2002, period, the vessel would be left with 
zero NE multispecies DAS for the remainder of the fishing year, unless 
the vessel had carry-over DAS from the previous fishing year (see 
description below of how carry-over DAS would apply).
    Vessels that have a monkfish Category C or D permit (i.e., vessels 
that possess both a monkfish and a limited access NE multispecies DAS 
permit) must run both their monkfish DAS clock and the NE multispecies 
DAS clock concurrently when fishing under a monkfish DAS. Limited 
access monkfish permit holders are allocated 40 monkfish DAS (under the 
monkfish FMP). Under the proposed measure, vessels for which the NE 
multispecies DAS reduction would result in the vessel having more 
monkfish DAS allocated than NE multispecies DAS, such vessels could 
still fish under a monkfish DAS when NE multispecies DAS are no longer 
available, but would then be required to fish under the provisions of a 
monkfish Category A or B vessel, i.e., limited access monkfish vessels 
that do not possess a limited access NE multispecies permit. For 
example, if a monkfish category D vessel's NE multispecies DAS 
allocation were 30, and the vessel fished 30 monkfish DAS, 30 NE 
multispecies DAS would also be used. However, after all 30 NE 
multispecies DAS were used, the vessel could utilize its remaining 10 
monkfish DAS to fish on monkfish, without a NE multispecies DAS being 
used, provided that the vessel fishes under the regulations pertaining 
to a category B vessel and does not retain any regulated multispecies.

DAS Carry-Over From Fishing Year 2001

    Under measures promulgated through a previous NE multispecies 
interim final rule (67 FR 21140, April 29, 2002), effective May 1, 
2002, through July 31, 2002, a vessel is allowed to use no more than 25 
percent of its annual NE multispecies DAS allocation during May-July, 
2002. However, because carry-over DAS are not considered part of a 
vessel's allocated DAS, carry-over DAS from the previous fishing year 
are not allowed to be used when determining the 25-percent of DAS that 
can be used during the May-July, 2002, period; consequently, carry-over 
DAS are not allowed to be fished during that period. Under this 
proposed interim rule, vessels would be allowed to fish any carry-over 
DAS from the 2001 fishing year beginning August 1, 2002, through April 
30, 2003. These carry-over DAS would be in addition to the vessel's 
2002 NE multispecies DAS allocation and would, therefore, be factored 
into that vessel's total NE multispecies DAS available for the 2002 
fishing year, after the 20-percent DAS reduction and after the DAS 
fished during the May-July period are deducted from that vessel's used 
DAS baseline. For example, if a vessel's used DAS baseline is 50 DAS 
and it has carry-over DAS from fishing year 2001, its total DAS for the 
fishing year would equal: 50 DAS - 20 percent of used DAS baseline (10 
DAS)--DAS fished during May-July 2002 + carry-over DAS from fishing 
year 2001. If the vessel fished 22 DAS during May-July and had 10 
carry-over DAS from fishing year 2001, under this example the vessel 
would be allowed to fish up to 28 DAS during the period August 1, 2002, 
through April 30, 2003 (50 DAS - 10 DAS - 22 DAS + 10 DAS = 28 DAS).

Freeze on Issuance of New Handgear Permits

    Under this proposed interim rule, vessels that have never been 
issued an open access NE multispecies Handgear permit, or that have not 
applied for an open access Handgear permit by August 1, 2002, would be 
prohibited from obtaining a Handgear permit for the duration of this 
action.

Prohibition on Front-Loading the DAS Clock

    NE multispecies regulations prior to May 1, 2002, 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 DAS 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 is 
prohibited through July 31, 2002, as a result of the interim rule 
published April 29, 2002; this proposed interim rule would continue 
that prohibition for the duration of this action.
    Under this proposed measure, a vessel owner or authorized 
representative would be required to notify NMFS no earlier than 1 hour 
prior to the vessel leaving port to fish under the NE multispecies DAS 
program. A DAS would begin once the call has been received and a 
confirmation number is given. This measure would apply in all 
management areas.

Closed Area Additions/Modifications

    This measure would implement additional seasonal and year-round 
area closures. Specifically, this action proposes to continue, in its 
current configuration, the closure of the Western Gulf of Maine (WGOM) 
Area Closure. This action would also expand Rolling Closure Area III by 
closing area blocks 124 and 125 for the month of May, 2003, and expand 
Rolling Closure Area IV by closing area blocks 132 and 133 for the 
month of June, 2003. This action would further expand the Bank Seasonal 
Closure Area by closing blocks 80 and 81 and the portion of blocks 118-
120 that are south of 42 deg.20' N. lat. during the month of May, 2003.
    Additionally, the Cashes Ledge Closure Area, in its original 
configuration, would be closed for the duration of the interim final 
rule.
    Exemptions to the current GOM rolling closure areas would remain 
the

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same for the expanded rolling closures and the expanded GB Seasonal 
Closure Area that would be implemented by this proposed interim rule. 
All of the current exemptions are proposed to apply to the WGOM and 
Cashes Ledge Closure Areas, with the following exceptions: Vessels are 
prohibited from fishing with scallop dredge gear or fishing in the 
Raised Footrope Trawl Exempted Whiting Fishery.
    Finally, this interim action would open an inshore area from 
January through March, which corresponds to area blocks 124 and 125, by 
eliminating the groundfish January Massachusetts Bay-Stellwagen Bank 
Conditional Closure Area and the February Rolling Closure Area VI, and 
by eliminating blocks 124 and 125 from the March Rolling Closure Area 
I. All other closure areas would remain unchanged. Charts of the 
proposed closure areas are available from the Regional Administrator 
upon request (see ADDRESSES).

Gear Restrictions

Trawl Vessels When Fishing in the GOM, GB, and Mid-Atlantic RMAs

    Under this proposed interim rule, vessels fishing with otter trawl 
gear, and fishing any part of a NE multispecies DAS in the GOM, GB, or 
Mid-Atlantic RMAs, would 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 would remain unchanged, i.e., 6.0-inch (15.2-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 would not be subject to mesh changes under the proposed 
interim 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 would be 
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.

Trawl Vessels When Fishing in the SNE RMA

    Under this proposed interim rule, when fishing any part of a NE 
multispecies DAS in the SNE RMA, otter trawl vessels would be required 
to fish with a minimum 7.0-inch (17.8-cm) diamond or 6.5-inch (16.5-cm) 
square mesh codend. This requirement would apply only to the codend of 
the net; the minimum mesh-size for the remaining portion of the net 
would remain unchanged, i.e., 6.0-inch (15.2-cm) diamond mesh or 6.5-
inch (16.5-cm) square mesh, or any combination thereof, throughout the 
remaining portion of the net. As in the GOM and GB RMAs, trawl vessels 
that currently fish with 6.5-inch (16.5-cm) square mesh throughout the 
entire net would not be subject to mesh changes under this rule. For 
vessels fishing with a 7.0-inch (17.8-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 would be defined as described above 
under the GOM and GB trawl mesh restrictions.

Gillnet Vessels When Fishing in the GOM RMA

    Under this proposed interim rule, limited access NE multispecies 
vessels that fish under a NE multispecies DAS with gillnet gear in the 
GOM RMA at any time throughout the fishing year would be required to 
declare into the Day or Trip gillnet category. 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 NE multispecies DAS, would be 
required to fish with nets with a minimum of 6.5-inch (16.5-cm) mesh 
and would be restricted to 150 nets, with one tag fixed to each net. 
Multispecies vessels that obtain an annual designation as a Day gillnet 
vessel would be allowed to fish up to 100 nets, provided that, when 
fishing any part of a trip under a NE multispecies DAS in the GOM RMA, 
the vessel complies with the following specifications: When fishing 
with flatfish nets, vessels could fish no more than 100 nets, with a 
minimum mesh size of 7 inches (17.8 cm), with one tag affixed to each 
net; and when fishing with roundfish nets, vessels would be restricted 
to fishing during July through February of each fishing year only, and 
would be allowed to fish no more than 50 nets with a minimum mesh size 
of 6.5 inches (16.5 cm) and with two tags affixed to each net. Any tag 
not affixed to a net would have to be retained on the vessel and be 
immediately available for inspection.

Gillnet Vessels When Fishing in the GB RMA

    Under this proposed interim rule, limited access NE multispecies 
vessels that fish under a NE multispecies DAS with gillnet gear in the 
GB RMA at any time throughout the fishing year would be required to 
declare into the Day or Trip gillnet category. Vessels fishing under 
either the Day or Trip gillnet category in the GB RMA during any part 
of a trip under a NE multispecies DAS, would be required to fish with 
nets with a minimum of 6.5-inch (16.5-cm) mesh and would be restricted 
from fishing more than 50 nets, with two tags fixed to each net.

Gillnet Vessels When Fishing in the SNE RMA

    Under this proposed interim rule, limited access NE multispecies 
vessels that fish under a NE multispecies DAS with gillnet gear in the 
SNE RMA at any time throughout the fishing year would be required to 
declare into the Day or Trip gillnet category. Vessels fishing under 
either the Day or Trip gillnet category in the SNE RMA during any part 
of a trip under a NE multispecies DAS, would be required to fish with 
nets with a minimum of 6.5-inch (16.5-cm) mesh and would be restricted 
from fishing more than 75 nets, with two tags fixed to each net.

Gillnet Vessels When Fishing in the Mid-Atlantic RMA

    The minimum mesh size restrictions and number of nets required for 
gillnet vessels when fishing in the Mid-Atlantic RMA under a NE 
multispecies DAS would remain unchanged. That is, vessels would be 
allowed to continue to fish up to 160 nets. This net restriction is 
different than the net restriction of 150 nets, as in the Settlement 
Agreement and Court order, for vessels fishing under the monkfish DAS 
program.

Gillnet Vessels When Fishing Under a Monkfish DAS

    Under this proposed interim rule, monkfish vessels that have a 
monkfish limited access Category C or D permit (i.e., vessels that 
possess both a monkfish and NE multispecies limited access permit) and 
that are fishing under a monkfish DAS in all areas would be restricted 
from fishing more than 150 nets, provided the vessel fishes with nets 
with a minimum mesh size of 10 inches (25.4 cm). Vessels would be 
required to affix one tag to each net.

[[Page 44143]]

Category A and B monkfish vessels would be unaffected by the proposed 
measures.

Large-Mesh Vessel Permit Categories

    Under this proposed interim rule, vessels that have a valid limited 
access NE multispecies Large Mesh Individual DAS category or a Large 
Mesh Fleet DAS category permit would be required to fish with nets with 
mesh that is 2.0 inches (5.1-cm) larger than the current regulated mesh 
size when fishing under the NE multispecies DAS program. That is, when 
fishing in the GOM, GB, and SNE RMAs, vessels fishing with trawl nets 
or sink gillnets would be required to fish with nets with a minimum 
mesh size of 8.5-inch (21.6-cm) diamond or square mesh throughout the 
entire net. Vessels fishing with trawl nets or sink gillnets when 
fishing in the Mid-Atlantic RMA would be required to fish with nets 
with a minimum mesh size of 7.5-inch (19.0-cm) diamond or 8.0-inch 
(20.3-cm) square mesh throughout the entire net.

Hook-Gear Vessels

    Under this proposed interim rule, vessels that have a valid NE 
multispecies limited access Hook-Gear permit would be prohibited from 
using de-hookers (crucifiers) with less than 6-inch (15.2-cm) spacing 
between the fairlead rollers. Hook-Gear permitted vessels that are 
fishing any part of a NE multispecies DAS trip in the GOM, GB or SNE 
RMAs would be required to use 12/0 or larger circle hooks. In addition, 
Hook-Gear vessels that are fishing any part of a DAS trip in the GOM, 
GB and SNE RMAs would be subject to a maximum number of rigged hooks on 
board the vessel. Specifically, vessels fishing in the GOM or SNE RMAs 
would be restricted from possessing more than 2,000 rigged hooks, and 
vessels fishing in the GB RMA would be restricted from possessing more 
than 3,600 rigged hooks.
    Table 1 summarizes the gear restriction measures for each gear 
sector when fishing in the various RMAs.

BILLING CODE 3510-22-P

[[Page 44144]]

[GRAPHIC] [TIFF OMITTED] TP01JY02.056

BILLING CODE 3510-22-C

Cod Minimum Fish Size (Commercial Vessels)

    Under this proposed interim rule, the minimum size for cod that may 
be lawfully sold would be 22 inches (55.9 cm)(total length).

NE Multispecies Possession Restrictions

Yellowtail Flounder

    This proposed interim rule would require enrollment in one of two 
exemption programs for any possession of yellowtail flounder and 
implement restrictions on the harvest of yellowtail flounder when 
fishing west or south of the GB RMA. During the period March 1 through 
May 31, all vessels would be subject to a possession and landing limit 
of 250 lb (113.4 kg) of yellowtail flounder per trip when fishing any 
part of a trip in the SNE RMA north of 40 deg.00' N. lat. In addition, 
during the period June 1 through February 28, all vessels

[[Page 44145]]

would be subject to a possession and landing limit of 750 lb (340.3 kg) 
of yellowtail flounder per day, and a maximum trip limit of 3,000 lb 
(1,361.2 kg) per trip when fishing any part of trip in the SNE RMA 
north of 40 deg.00' N. lat. Vessels fishing for yellowtail flounder in 
the SNE RMA north of 40 deg.00' N. lat. would be allowed to possess and 
land up to the seasonal yellowtail allowable limits, provided the 
vessel does not fish south of 40 deg.00' N. lat. and has on board a SNE 
yellowtail flounder exemption certificate issued by the RA. Under this 
proposed interim rule, all vessels would be prohibited from possessing 
yellowtail flounder in the MA or SNE RMAs unless fishing north of 
40 deg.00' N. lat., or unless the vessel is transiting areas south of 
40 deg.00' N. lat. and all fishing gear on board the vessel is properly 
stowed according to the regulations. Vessels fishing east or north of 
the SNE RMA would not be subject to the yellowtail flounder possession 
limit restrictions, provided that the vessel does not fish west of the 
GB RMA, and posseses on board a GOM/GB yellowtail flounder exemption 
certificate issued by the RA. Vessels exempt from the yellowtail 
possession limit requirements could transit areas outside of the 
specific exempted area that they are fishing, provided that their gear 
is stowed in accordance with one of the provisions of Sec. 648.23(b).

Handgear Permitted Vessels

    Under this proposed interim action, the cod, haddock and yellowtail 
flounder possession limit for vessels that have been issued a valid 
open access Handgear permit would be reduced to 200 lb (90.7 kg), 
combined, per trip.

GB Cod Trip Limit Modification

    This action would modify how the DAS clock would accrue for those 
vessels fishing in the GB RMA and harvesting GB cod. The GB cod trip 
limit would be maintained at 2,000 lb (907.2 kg) per DAS, up to a 
maximum possession limit of 20,000 lb (9,071.8 kg) per trip. A vessel 
subject to this landing limit restriction would come into port with, 
and offload, cod in excess of the landing limit, as determined by the 
number of DAS elapsed since the vessel called into the DAS program, 
provided that the vessel operator does not call out of the DAS program 
and does not depart from a dock or mooring in port until the rest of 
the additional 24-hr block of the DAS has elapsed, regardless of 
whether all of the cod on board is offloaded. For example, a vessel 
that has been called into the DAS program for 25 hr, at the time of 
landing, may land only up to 4,000 lb (1,814.8 kg) of cod, provided the 
vessel does not call out of the DAS program or leave port until 48 hr 
have elapsed from the beginning of the trip. This modification is 
consistent with the GOM cod trip limit provisions in the NE 
multispecies regulations. A vessel that would be required to remain in 
port for the time that it must run its DAS clock could transit to 
another port during that time, provided the operator notifies the 
Regional Administrator according to provisions specified in 
Sec. 648.86(b)(3).

GOM Cod

    This action would increase the daily possession limit for GOM cod 
from 400 lb (181.8 kg) per DAS to 500 lb (227.3 kg) per DAS. The 
maximum possession limit would remain at 4,000 lb (1,818.2 kg) per 
trip.

Recreational and Charter/Party Vessel Restrictions

    Under this action, the minimum size for cod and haddock that may be 
retained by a federally permitted charter/party vessel not on a DAS, or 
a private recreational vessel not holding a Federal permit and fishing 
in the EEZ, would be 23 inches (58.4 cm) total length.
    This action would implement a cod and haddock bag (possession) 
limit for the charter/party recreational fishing sector when a vessel 
is fishing in the GOM RMA and not under a DAS. During the period April 
through November, each person on a charter/party vessel not under a DAS 
would be allowed to possess no more than 10 cod or haddock, combined, 
per trip. For each trip during the period December through March, each 
person on a charter/party vessel not under a DAS would be allowed to 
possess no more than 10 cod or haddock combined, no more than 5 of 
which could be cod. This action would further restrict the cod 
possession limit for private recreational vessels by requiring that, 
when fishing in the GOM RMA during the period December through March, 
each person on a recreational vessel would be allowed to possess no 
more than 10 cod or haddock combined, no more than 5 of which could be 
cod. Cod and haddock harvested by recreational vessels with more than 
one person aboard could be pooled in one or more containers. Compliance 
with the possession limit would be determined by dividing the number of 
fish on board by the number of persons on board.
    For a vessel that intends to charter/party fish in the GOM closed 
areas, this proposed interim rule would require that the vessel possess 
on board a letter of authorization (LOA) issued by the RA. This LOA 
would be required for the entire fishing year if the vessel intends to 
fish in the year-round GOM closure areas, and for a minimum of 3 months 
if the vessel intends to fish in the seasonal GOM closure areas. 
Vessels could obtain an LOA by calling the NMFS Permit Office at 978-
281-9370.
    All other existing recreational measures remain unchanged, 
including the no-sale provision for all fish caught 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                                     GOM closure exemption
                                         cod & haddock       Bag limit (combined)             authorization
                                              \1\
----------------------------------------------------------------------------------------------------------------
Charter/party not on a DAS............              23  April-November: 10 cod/haddock  A minimum of 3 months,
                                                         \2\.                            or duration of closure.
                                                        December-March: 10 cod/
                                                         haddock, no more than 5 which
                                                         can be cod \2\.
Private Recreational..................              23  Areas outside of GOM RMA: 10    N/A
                                                         cod/haddock.
                                                        GOM RMA: 10 cod/haddock, no
                                                         more than 5 which can be cod,
                                                         Dec.-Mar..
----------------------------------------------------------------------------------------------------------------
\1\ All other minimum fish sizes remain unchanged.
\2\ When fishing in the GOM RMA.


[[Page 44146]]

Observer Coverage

    NMFS has been ordered by the Court, by August 1, 2002, to expand 
its observer coverage in the NE multispecies fishery by providing a 
minimum of 5-percent coverage, to monitor and collect information on 
bycatch, as well as other biological and fishery-related information. 
Additionally, NMFS has been ordered, by May 1, 2003, to expand further 
its observer coverage, if appropriate.

Classification

    By the terms of the Court order which implemented the Settlement 
Agreement final rulemaking of this action is required to be made 
effective no later than August 1, 2002. This rule has been determined 
to be significant for purposes of Executive Order 12866.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) 
that describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of the preamble and in the SUMMARY section of the 
preamble and in the IRFA. A summary of the analysis follows.
    The analysis considered three alternatives: The Preferred 
Alternative, the No Action Alternative, and a Hard TAC Alternative. 
Analysis of the Preferred Alternative examined the impacts on industry 
that would result from the Settlement Agreement. Analysis of the No 
Action alternative examined the impacts on industry that would result 
from leaving all current management measures in place and allowing 
fishing inside the WGOM Area Closure. Analysis of the hard TAC 
alternative examined the impacts to the industry under two different 
options for how TACs would be implemented: Option 1 was based on 
achieving a zero fishing mortality rate for all stocks that would have 
a zero management TAC under Amendment 9 to the FMP; Option 2 assumed 
that, rather than reducing fishing mortality to absolute zero for those 
stocks with a management TAC of zero under Amendment 9, management 
measures would reduce the fishing mortality on those stocks to as close 
to zero as possible. The economic impacts of the first two alternatives 
were analyzed and described according to the type of management measure 
as follows: (a) Commercial measures that were modeled (DAS 
restrictions, area closures, and trip limits); (b) commercial measures 
that were not modeled (changes to the open access hand gear category, 
prohibition on frontloading, prohibition on de-hooker use, mesh size 
restrictions, and limitations on the number of gillnets and hooks); and 
(c) recreational measures (private recreational vessel and party/
charter). The hard TAC alternative is a fundamentally different type of 
management scheme and was examined in terms of the economic impacts 
that would result under the two TAC options that were considered. 
Option 1 would result in a total closure of GB, a significant portion 
of southern New England, and Long Island Sound to all gear that is 
capable of catching groundfish in any significant numbers. Option 2 
would result in approximately a 35-percent reduction in the total 
number of DAS used by all vessels in 1999--a significant reduction in 
effective effort across the entire commercial fishery.
    The proposed action (Preferred Alternative) would have a nominal 
effect on all NE multispecies permit holders (1,442 limited access, 
1,812 open access hand gear, and 610 open access party/charter), all of 
which may be considered small entities according to the Small Business 
Administration standards for commercial fishing vessels. The number of 
actual participants in the NE multispecies fishery is less than the 
total number of those eligible to participate in the fishery (i.e., not 
every vessel holding a permit for the fishery actually fishes in a 
given year); the number of participating vessels that may actually be 
affected by any one or more of the regulatory measures is estimated to 
be 37 percent of the permit holders.
    The Preferred Alternative measures would result in an aggregate 
reduction in total groundfish income of 4.2 percent. On an individual 
vessel basis, about 25 percent (approximately 250) of the participating 
limited access vessels would experience at least a 5-percent loss in 
gross annual fishing revenues (relative to the No Action Alternative). 
Ten percent of the participating limited access vessels would 
experience at least a 16-percent loss in gross annual fishing revenues. 
In contrast, fishing revenues would increase for approximately 25 
percent of the vessels due to modifications in the area closures and an 
increase in the GOM cod trip limit. Among those adversely impacted, 
small otter trawl vessels would be most affected. Vessels positively 
affected would be gillnet or hook vessels, due to the proposed increase 
in the GOM cod trip limit and the fact that, for these vessels, cod 
constitutes a much higher proportion of their total fishing income than 
it does for other vessels. Detailed cost data, and the analytical tools 
necessary for calculation of profitability changes that could result 
from the proposed measures were not available. While profitability of 
small entities could be affected, it was not possible to estimate such 
changes. Similarly, it was not possible to estimate the impacts of the 
proposed action on solvency of small entities. Furthermore, because 
this is only an interim action, analysis of impacts on long-term 
profitability or solvency of small entities, even if the necessary data 
were available, would not be appropriate. NMFS does not have the data 
to make a determination regarding long-term profitability or solvency 
at this time. Therefore, NMFS is requesting comments on this issue 
during the comment period on this proposed interim rule. Long-term 
impacts will be analyzed in association with Amendment 13 to the FMP, 
which will replace this interim action.
    For some vessel owners, the new DAS restrictions will not allow 
them to fish the number of days that they would need to cover their 
fixed costs. Based on a break-even analysis, the number of such vessels 
could be as high as 213 vessels (22 percent). This estimate, however, 
is probably an overestimation, due to limitations in the data. It is 
likely that the number of vessels that could not break even is 
substantially less than 213.
    The proposed reduction in the trip limit for the open access hand 
gear permit category would affect about one half of the 172 permit 
holders that reported fishing activity. The average loss was estimated 
to be $33,700 per vessel. The impact of the front-loading prohibition 
was estimated based on landings associated with front-loading trips. 
The prohibition would decrease income by approximately $911 to $1,450 
per trip. The following table summarizes the estimated cost to replace 
trawl codends and gillnet gear that would result from the proposed 
changes in mesh size requirements.

[[Page 44147]]



   Table 3.--Economic Impact of Mesh Size Increase--(Gear Replacement)
------------------------------------------------------------------------
                                                               Average
              Gear                    Number of Vessels         vessel
                                           analyzed              cost
------------------------------------------------------------------------
Trawl (replace cod end).........  424 (GOM or GB)                 $1,250
                                  211 SNE
Day Gillnet in GOM (tie-down      18                               7,794
 nets).
Day Gillnet in GOM (stand-up      31                               9,300
 nets).
Trip Gillnet in GOM.............  25                              18,352
Gillnets in GB or SNA...........  32                               8,800
------------------------------------------------------------------------

    The proposed measures (for GOM cod) affecting charter/party vessels 
may result in a loss of revenue due to decreased passenger demand. 
Based on historic cod landings, the majority of economic impacts will 
likely be borne by the 20-25 charter/party operators that catch 80 
percent of the recreationally harvested GOM cod.
    Although there may be alternative sets of management measures to 
those contained in this proposed rule that would accomplish the 
objectives, this proposed rule represents the measures agreed to in the 
Settlement Agreement that was negotiated by numerous interested 
parties.
    Relative to the Preferred Alternative, the No Action Alternative 
would mitigate most of the adverse economic impacts associated with the 
Preferred Alternative. In general, gross fishing incomes would 
increase, particularly for vessels operating in the GOM and would have 
particularly beneficial impacts on small vessels and gillnet vessels in 
general. However, the No Action alternative also would result in 
unacceptably high increases in fishing mortality rates that could 
compromise the rebuilding of several GOM stocks, GOM cod in particular. 
For this reason, the No Action alternative would not meet the 
regulatory objectives of this action.
    Relative to the Preferred Alternative, the Hard TAC Alternative 
would impact more significantly the NE multispecies fishery because of 
the severe consequences of closing down fisheries when a TAC is 
reached. The economic and social impacts of either option considered 
under this alternative would be very severe, if not irreparable. Option 
1 would severely impact (essentially do away with) the NE multispecies 
fishery on GB and southern New England in the near term, and would 
largely prohibit the monkfish, sea scallop, and spiny dogfish fisheries 
from operating in that area, as well. Option 2 would prohibit hook and 
roundfish gillnet gear from GB and allow some low level of trawl 
fishing, but with a bycatch trigger for GB cod that would likely close 
the fishery at sometime during the fishing year. Many small entities 
might either go out of business or would have to relocate. To the 
extent that participants in the industry could do so, many would be 
expected to shift effort into other fisheries for which they have 
permits or could acquire permits for, or that are open access, and/or 
would shift fishing effort northward, to the GOM, or to south of GB. 
Fisheries that do not use gear capable of catching groundfish, such as 
purse seines, traps, and mid-water trawls, would be unaffected by the 
restrictions, but could experience increases in effort displaced from 
the groundfish, monkfish, scallop, and other fisheries that would be 
restricted under Option 1. The primary impact on the recreational 
fishery would be the prohibition on retention of GB cod. In any event, 
neither the No Action Alternative nor the Hard TAC Alternative could be 
implemented because they were not agreed to in the Settlement Agreement 
ordered to be implemented by the Court.
    The compliance requirements associated with the proposed measures 
are the two yellowtail exemption programs described previously in this 
document, and the used DAS baseline appeal procedure, if applicable.
    This proposed action does not duplicate other Federal rules and 
takes into consideration the monkfish regulations under Sec. 648.92 in 
order to be consistent with the objectives of the Monkfish Fishery 
Management Plan.
    Because the terms of the Settlement Agreement accepted by the Court 
require a final rule to be made effective no later than August 1, 2002, 
the opportunity for public comment on this proposed rule is abbreviated 
to 15 days. A longer comment period would likely prevent NMFS from 
meeting the August 1, 2002, deadline. In addition, the proposed 
measures were developed in cooperation with and after input from one of 
the conservation group plaintiffs and all of the intervenors who 
represent four New England States and a sizable portion of the fishing 
industry.
    This proposed interim rule includes new collection-of-information 
requirements and references to previously-approved requirements subject 
to the Paperwork Reduction Act (PRA). The following collection-of-
information requirements have been previously approved by OMB under 
control number 0649-0202. The estimated times per response for these 
collections are as follows: 30 minutes for a new vessel permit 
application; 15 minutes for a renewal application for a vessel permit; 
5 minutes for a gillnet annual declaration and request for tags; 1 
minute for attaching a gillnet tag; 2 minutes to report lost and/or ask 
for replacement of lost gillnet tags; 2 minutes for a DAS notification; 
2 minutes for a transit report for a vessel that has exceeded the cod 
landing limit; and 5 minutes to request an LOA for either the 
Cultivator shoals, Nantucket shoals dogfish, Nantucket lightship, SNE 
little tunny gillnet, small-mesh northern shrimp fishery, mid-Atlantic, 
Rolling Closure Area charter/party boat, and GOM charter/party boat 
exemption programs. Requests for an LOA for the whiting raised footrope 
trawl exempted fishery have been approved under OMB control number 
0648-0422, with an estimated response time of 2 minutes.
    This action contains two new collection-of-information requirements 
that have been submitted to OMB for approval. A response time of 2 
minutes has been estimated for requests for entry onto one of two 
exemption programs for vessel owners choosing to fish for yellowtail 
flounder in the SNE, GB/GOM RMAs. A response time of 2 hours has been 
estimated for appeals of used baseline DAS determinations.
    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 
collections of information. Send comments regarding these burden 
estimates, or any other aspect of the data requirements, including 
suggestions for reducing the

[[Page 44148]]

burden, to NMFS and OMB (see ADDRESSSES).
    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 a draft Environmental Assessment (EA) for this 
interim action. A copy of the EA is available from NMFS (see 
ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 24, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be amended as follows: \1\
---------------------------------------------------------------------------

    \1\ The amendments to 50 CFR part 648 published at 67 FR 21140 
(April 29, 2002) are effective through July 31, 2002.
---------------------------------------------------------------------------

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 of ``Non-exempt species'', and 
``Prior to leaving port'' are revised, and new definitions for ``De-
hooker'', ``Private recreational fishing vessel'', and ``Used DAS 
baseline'' are added in alphabetical order, to read as follows:


Sec. 648.2  Definitions.

* * * * *
    De-hooker, with respect to the NE multispecies hook gear fishery, 
means the fairlead rollers when used in a manner that extracts fish 
hooks from caught fish, also known as ``crucifiers.''
* * * * *
    Non-exempt species means species of fish not included under the 
GOM, GB and SNE Regulated Mesh Area exempted fisheries, as specified in 
Sec. 648.80(a)(5); (a)(6); (a)(9) through (14); (b)(3)(i) and (ii); 
(b)(5) through (8); and (d), (e), (h), and (i).
* * * * *
    Prior to leaving port, with respect to the call-in notification 
system for NE multispecies, and the call-in notification system for 
monkfish vessels that are fishing under the limited access monkfish 
Category C or D permit provisions, means no more than 1 hour prior to 
the time a vessel leaves the last dock or mooring in port from which 
that vessel departs to engage in fishing, including the transport of 
fish to another port. With respect to the call-in notification system 
for monkfish vessels that are fishing under the limited access monkfish 
Category A or B permit provisions, it means prior to 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 NE multispecies permit, does not 
sell fish, and does not take passengers for hire.
* * * * *
    Used DAS baseline, with respect to the NE multispecies fishery, 
means the number of DAS that represent the historic level of DAS use 
associated with a particular limited access permit, as described in 
Sec. 648.82(l).
* * * * *
    3. In Sec. 648.4, paragraphs (a)(1)(i)(I)(2) and (c)(2)(iii) are 
revised to read as follows:


Sec. 648.4  Vessel permits.

* * * * *
    (a) * * *
    (1) * * *
    (i) * * *
    (I) * * *
    (2) The owner of a vessel issued a limited access multispecies 
permit may request a change in permit category, unless otherwise 
restricted by paragraph (a)(1)(i)(I)(1) of this section. The owner of a 
limited access multispecies vessel eligible to request a change in 
permit category must elect a category upon the vessel's permit 
application and will have one opportunity to request a change in permit 
category by submitting an application to the Regional Administrator 
within 45 days of the effective date of the vessel's permit, unless 
otherwise allowed under Sec. 648.82(b). If such a request is not 
received within 45 days, the vessel owner may not request a change in 
permit category and the vessel permit category will remain unchanged 
for the duration of the fishing year. A vessel may not fish in more 
than one multispecies permit category during a fishing year, unless 
otherwise allowed under Sec. 648.82(b).
* * * * *
    (c) * * *
    (2) * * *
    (iii) An application for a limited access multispecies permit must 
also contain the following information: For vessels fishing for NE 
multispecies with gillnet gear, with the exception of vessels fishing 
under the Small Vessel permit category, an annual declaration as either 
a Day or Trip gillnet vessel designation as described in 
Sec. 648.82(k). A vessel owner electing a Day or Trip gillnet 
designation must indicate the number of gillnet tags that he/she is 
requesting and must include a check for the cost of the tags. A permit 
holder letter will be sent to the owner of each eligible gillnet vessel 
informing him/her of the costs associated with this tagging requirement 
and directions for obtaining tags. Once a vessel owner has elected this 
designation, he/she may not change the designation or fish under the 
other gillnet category for the remainder of the fishing year, unless 
otherwise allowed in this paragraph. For the 2002 fishing year, vessels 
electing a Day or Trip gillnet designation will be allowed to change 
their designation prior to September 1, 2002, and will be allowed to 
fish under this new designation during the period September 1, 2002, 
through April 30, 2003. Incomplete applications, as described in 
paragraph (e) of this section, will be considered incomplete for the 
purpose of obtaining authorization to fish in the NE multispecies 
gillnet fishery and will be processed without a gillnet authorization.
* * * * *
    4. In Sec. 648.10, paragraph (c)(1) is revised to read as follows:


Sec. 648.10  DAS notification requirements.

* * * * *
    (c) * * *
    (1) 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.
* * * * *

[[Page 44149]]

    5. In Sec. 648.14, paragraphs (a)(35), (a)(42), (a)(43), (a)(45), 
(a)(47), (a)(52), (a)(102), (a)(112), (a)(116), (b)(2), (c)(7), (c)(8), 
(c)(13) through (15), (c)(23), (c)(26), (c)(29), (c)(31), and (z)(2)(i) 
are revised, paragraphs (a)(123) through (126), (b)(3) through (5), and 
(c)(32), (c)(33) and (c)(34) are added, and paragraph (c)(20) is 
removed and reserved, to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (35) Fish with, use, or have on board, within the areas described 
in Sec. 648.80(a)(1) and (2), nets with mesh size smaller than the 
minimum mesh size specified in Sec. 648.80(a)(3) and (4), except as 
provided in Sec. 648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), 
(d), (e), and (i), 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.
* * * * *
    (42) Fish within the areas described in Sec. 648.80(a)(6) with nets 
of mesh smaller than the minimum size specified in Sec. 648.80(a)(3) or 
(4).
    (43) Violate any of the provisions of Sec. 648.80, including 
paragraphs (a)(5), the small-mesh northern shrimp fishery exemption 
area; (a)(6), the Cultivator Shoal whiting fishery exemption area; 
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket 
Shoals dogfish fishery exemption area; (a)(12), the Nantucket Shoals 
mussel and sea urchin dredge exemption area; (a)(13), the GOM/GB 
monkfish gillnet exemption area; (a)(14), the GOM/GB dogfish gillnet 
exemption area; (a)(15), the Raised Footrope Trawl Exempted Whiting 
Fishery; (b)(3), exemptions (small mesh); (b)(5), the SNE monkfish and 
skate trawl exemption area; (b)(6), the SNE monkfish and skate gillnet 
exemption area; (b)(7), the SNE dogfish gillnet exemption area; (b)(8), 
the SNE mussel and sea urchin dredge exemption area; or (b)(9), the SNE 
little tunny gillnet exemption area. Each violation of any provision in 
Sec. 648.80 constitutes a separate violation.
* * * * *
    (45) 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(a)(5).
* * * * *
    (47) Fish for the species specified in Sec. 648.80(d) or (e) with a 
net of mesh size smaller than the applicable mesh size specified in 
Sec. 648.80(a)(2) or (3), (b)(2), or (c)(2), or possess or land such 
species, unless the vessel is in compliance with the requirements 
specified in Sec. 648.80(d) or (e), or unless the vessel has not been 
issued a multispecies permit and fishes for NE multispecies exclusively 
in state waters, or unless otherwise specified in Sec. 648.17.
* * * * *
    (52) Enter, be on a fishing vessel in, or fail to remove gear from, 
the EEZ portion of the areas described in Sec. 648.81(g)(1) through 
(i)(1), and (n)(1), except as provided in Sec. 648.81(d), (g)(2), 
(h)(2), (i)(2), and (n)(2).
* * * * *
    (102) Enter or fish in the Gulf of Maine, Georges Bank, and 
Southern New England Regulated Mesh Areas, except as provided in 
Secs. 648.80(a)(3)(vi) and (b)(2)(vi), and for purposes of transiting, 
provided that all gear (other than exempted gear) is stowed in 
accordance with Sec. 648.23(b).
* * * * *
    (112) Fish for, harvest, possess, or land in or from the EEZ, when 
fishing with trawl gear, any of the exempted species specified in 
Sec. 648.80(a)(9)(i), unless such species were fished for or harvested 
by a vessel meeting the requirements specified in Sec. 648.80(a)(5)(ii) 
or (a)(9)(ii).
* * * * *
    (116) Fish for, harvest, possess, or land any species of fish in or 
from the GOM/GB Inshore Restricted Roller Gear Area described in 
Sec. 648.80(a)(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).
* * * * *
    (123) Fish for, land, or possess NE multispecies harvested with the 
use of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) 
spacing between the fairlead rollers unless the vessel has not been 
issued a multispecies permit and fishes for NE multispecies exclusively 
in state waters.
    (124) Possess or use de-hookers (``crucifiers'') with less than 6-
inch (15.2-cm) spacing between the fairlead rollers while in possession 
of NE multispecies, unless the vessel has not been issued a 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (125) For vessels issued a limited access NE multispecies permit, 
or those issued a limited access NE multispecies permit and a limited 
access monkfish Category C or D permit, call into the DAS program prior 
to 1 hour before leaving port.
    (126) Call in DAS in excess of that allocated under the methods 
described in Sec. 648.82(l).
    (b) * * *
    (2) 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(g)(2)(iii) when fishing in the 
areas described in Sec. 648.81(g)(1) through (i)(1), during the time 
periods specified in those sections.
    (3) Possess in, or harvest from the EEZ southward of 40 deg.00' N. 
lat., any yellowtail flounder unless fishing under recreational or 
charter/party regulations, or transiting in accordance with 
Sec. 648.23(b).
    (4) Possess in, or harvest from the EEZ in the Southern New England 
Regulated Mesh Area northward of 40 deg.00' yellowtail flounder in 
excess of the seasonal possession or trip limits under 
Sec. 648.86(h)(2).
    (5) Fail to comply with the restrictions described in 
Sec. 648.86(h)(1), if fishing for, possessing or landing yellowtail 
flounder in the SNE Regulated Mesh Area north of 40 deg.0' N. lat.
    (c) * * *
    (7) Possess or land per trip more than the possession or landing 
limits specified under Sec. 648.86(a), (b), (c), (d), (e), and (h), and 
under Sec. 648.82(b)(3), if the vessel has been issued a limited access 
multispecies permit.
    (8) Fail to comply with the restrictions on fishing and gear 
specified in Sec. 648.80(a)(3)(v), (a)(4)(v), and (b)(2)(v), if the 
vessel has been issued a limited access multispecies hook-gear permit 
and fishes in areas specified under Sec. 648.80(a), and (b).
* * * * *
    (13) 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) and Sec. 648.82(k)(1)(iv) and (5).
    (14) Fail to comply with the tagging requirements for a day gillnet 
vessel as described in Sec. 648.82(k)(1)(ii), or fail to produce or, 
cause to be produced, gillnet tags when requested by an authorized 
officer.
    (15) Produce, or cause to be produced, gillnet tags under 
Sec. 648.82(k)(1) or (2), without the written confirmation from the 
Regional Administrator described in Sec. 648.82(k)(1)(ii) or (2)(ii).
* * * * *
    (23) 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 (2)(ii).
* * * * *

[[Page 44150]]

    (26) Enter port, while on a multispecies DAS trip, in possession of 
more than the allowable limit of cod specified in 
Sec. 648.86(b)(2)(ii). Under no circumstances may such trip exceed 14 
days in length.
* * * * *
    (29) Enter, be on a fishing vessel in, or fail to remove gear from, 
the areas described in Sec. 648.81(g)(1) through (i)(1), during the 
time periods specified, except as provided in Sec. 648.81(d), (g)(2), 
(h)(2) and (i)(2).
* * * * *
    (31) 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(g)(2)(iii) when fishing in the 
areas described in Sec. 648.81(g)(1) through (i)(1) during the time 
periods specified in those sections.
    (32) In the vessel has been fishing with gillnets under either the 
day or trip category, fail to remove the nets from the water as 
described under Sec. 648.82(k)(3).
    (33) If the vessel has been issued a limited access Trip gillnet 
category designation, fail to comply with the restrictions and 
requirements specified in Sec. 648.82(k)(2).
    (34) Fail to remain in port for the appropriate time specified in 
Sec. 648.86(b)(2)(ii)(A), except for transiting purposes, provided the 
vessel complies with Sec. 648.86(b)(3).
    (z) * * *
    (2) * * *
    (i) Fish with, use or have available for immediate use within the 
areas described in Secs. 648.80(a), (b), and (c), nets of mesh size 
smaller than 3-in (7.62-cm), unless otherwise exempted pursuant to 
Sec. 648.80(a)(8).
* * * * *
    6. In Sec. 648.80, paragraphs (a), (b), (c)(1), (c)(2)(ii), (d)(2), 
(e)(2), (h)(1), and (i)(8) are revised, and paragraphs (c)(2)(iv) and 
(c)(5) are added to read as follows:


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

* * * * *
    (a) 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'
CII3..............................  42 deg.22'         \2\ 67 deg.20'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime
  Boundary.
\2\ The U.S.-Canada Maritime Boundary.

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

------------------------------------------------------------------------
               Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
CII3..............................  42 deg.22'         \2\ 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'         (\1\)
------------------------------------------------------------------------
\1\ The intersection of the Cape Cod, MA, coastline and 42 deg.00' N.
  lat.
\2\ The U.S.-Canada Maritime Boundary.

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

----------------------------------------------------------------------------------------------------------------
                Point                         N. Lat.               W. Long.        Approximate loran C bearings
----------------------------------------------------------------------------------------------------------------
CII3.................................  42 deg.22'             67 deg.20'            (The U.S.-Canada Maritime
                                                                                     Boundary)
SNE1.................................  40 deg.24'             65 deg.43'            (The U.S.-Canada Maritime
                                                                                     Boundary as it intersects
                                                                                     with the EEZ).
----------------------------------------------------------------------------------------------------------------

    (iii) Bounded on the west by straight lines connecting the 
following points in the order stated:

------------------------------------------------------------------------
               Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
G12...............................  (\1\)              70 deg.00'
G11...............................  40 deg.50'         70 deg.00'
NL1...............................  40 deg.50'         69 deg.40'
NL2...............................  40 deg.18.7'       69 deg.00'
NL3...............................  40 deg.22.7'       69 deg.00'
                                    (\2\)              69 deg.00'
------------------------------------------------------------------------
\1\ South facing shoreline of Cape Cod.
\2\ Southward to its intersection with the EEZ.

    (3) GOM Regulated Mesh Area minimum mesh size and gear 
restrictions--(i) Vessels using trawls. Except as provided in 
paragraphs (a)(3)(i) and (vi) of this section, and unless otherwise 
restricted under paragraph (a)(3)(iii) 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 (15.2-cm) diamond mesh or 6.5-
inch (16.5-cm) square mesh, applied throughout the body and extension 
of the net, or any combination thereof, and 6.5-inch (16.5-cm) diamond 
mesh or square mesh applied to the codend of the net as defined in 
paragraphs (a)(3)(i)(A) and (B) of this section, provided the vessel 
complies with the requirements of paragraph (a)(3)(vii) 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.
    (A) For vessels greater than 45 ft (13.7 m) in length overall, a 
diamond mesh codend is defined as the first 50 meshes counting from the 
terminus of the net, and a square mesh codend is defined as the first 
100 bars counting from the terminus of the net.
    (B) For vessels 45 ft (13.7 m) or less in length overall, a diamond 
mesh codend is defined as the first 25 meshes counting from the 
terminus of the net, and a square mesh codend is defined as the first 
50 bars counting from the terminus of the net.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraphs (a)(3)(ii) and (vi) of this section, 
and unless otherwise restricted under paragraph (a)(3)(iii) 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 (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh applied 
throughout the net, or any combination thereof, provided the vessel 
complies with the requirements of paragraph (a)(3)(vii) 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

[[Page 44151]]

and that are fishing exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the GOM Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or 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 (7), is 8.5-inch (21.6-
cm) diamond or square 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.
    (iv) Gillnet vessels--(A) Trip gillnet vessels. Except as provided 
in paragraphs (a)(3)(iv) and (vi) of this section, and unless otherwise 
restricted under paragraph (a)(3)(iii) 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 
(16.5 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 
(a)(3)(iv) and (vi) of this section, and unless otherwise restricted 
under paragraph (a)(3)(iii) 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 (16.5 cm) 
throughout the entire net, and the minimum mesh size for any flatfish 
(tie-down) gillnet when fishing under a DAS in the NE multispecies DAS 
program in the GOM Regulated Mesh Area is 7.0 inches (17.8 cm) 
throughout the entire net. No roundfish nets may be fished or on board 
a vessel during the period March through June in the GOM Regulated Mesh 
Area. 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.
    (v) Hook-gear restrictions. Vessels fishing with a valid NE 
multispecies limited access Hook-gear permit and fishing under a NE 
multispecies DAS in the GOM Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel and are prohibited from fishing, setting, or hauling 
back, per day, or possessing on board the vessel, more than 2,000 
rigged hooks. All hooks must be circle hooks, of a minimum size of 12/
0. An unbaited hook and gangion that has not been secured to the ground 
line of the trawl on board a vessel is deemed to be a replacement hook 
and is not counted toward the 2,000-hook limit. A ``snap-on'' hook is 
deemed to be a replacement hook if it is not rigged or baited. The use 
of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) spacing 
between the fairlead rollers is prohibited.
    (vi) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the GOM or GB Exemption Area as defined in paragraph (a)(16) 
of this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (a)(5) 
through (a)(7), (a)(9) through (a)(14), (d), (e), (h), and (i) 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 (a)(11) of this section; or 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, or if fishing as a charter/party or private 
recreational vessel in compliance with the regulations specified in 
Sec. 648.89. 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).
    (vii) 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.

    (4) GB Regulated Mesh Area gear restrictions.--(i) Vessels using 
trawls. Except as provided in paragraphs (a)(3)(vi) and (a)(4)(i) of 
this section, and unless otherwise restricted under paragraph 
(a)(4)(iii) of this section, the minimum mesh size for any trawl net, 
except midwater trawl, and the minimum mesh size for any trawl net when 
fishing in that portion of the GB Regulated Mesh Area that lies within 
the SNE Exemption Area, as described in paragraph (b)(10) of this 
section, that is not stowed and available for immediate use in 
accordance with Sec. 648.23(b), 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 (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh 
applied throughout the body and extension of the net, or any 
combination thereof, and 6.5-inch (16.5-cm) diamond mesh or square mesh 
applied to the codend of the net as defined under paragraph 
648.80(a)(3)(i) of this section, provided the vessel complies with the 
requirements of paragraph (a)(3)(vii) 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 (a)(3)(vi) and (a)(4)(ii) of this 
section, and unless otherwise restricted under paragraph (a)(4)(iii) of 
this section, the minimum mesh size for any Scottish seine, midwater 
trawl, or purse seine, and the minimum mesh size for any Scottish 
seine, midwater trawl, or purse seine, when fishing in that portion of 
the GB Regulated Mesh Area that lies within the SNE Exemption Area, as 
described in paragraph (b)(10) of this section, that is not stowed and 
available for immediate use in accordance with Sec. 648.23(b), 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 (15.2-cm) diamond 
mesh or 6.5-inch (16.5-cm) square mesh applied throughout the net, or 
any combination thereof, provided the vessel complies with the 
requirements of paragraph (a)(3)(vii) 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

[[Page 44152]]

and that are fishing exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the GB Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
and the minimum mesh size for any trawl net, or sink gillnet, when 
fishing in that portion of the GB Regulated Mesh Area that lies within 
the SNE Exemption Area, as described in paragraph (b)(10) of this 
section, that is not stowed and available for immediate use in 
accordance with Sec. 648.23(b), 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 (7), is 8.5-inch (21.6-cm) diamond or square 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.
    (iv) Gillnet vessels. Except as provided in paragraphs (a)(3)(vi) 
and (a)(4)(iv) of this section, the minimum mesh size for any roundfish 
or flatfish gillnet, and the minimum mesh size for any roundfish or 
flatfish gillnet when fishing in that portion of the GB Regulated Mesh 
Area that lies within the SNE Exemption Area, as described in paragraph 
(b)(10) of this section, that is not stowed and available for immediate 
use in accordance with Sec. 648.23(b), when fishing under a DAS in the 
NE multispecies DAS program in the GB Regulated Mesh Area is 6.5 inches 
(16.5 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.
    (v) Hook-gear restrictions. Vessels fishing with a valid NE 
multispecies limited access Hook-gear permit and fishing under a NE 
multispecies DAS in the GB Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel and prohibited from fishing, setting, or hauling back, 
per day, or possessing on board the vessel, more than 3,600 rigged 
hooks. All hooks must be circle hooks, of a minimum size of 12/0. An 
unbaited hook and gangion that has not been secured to the ground line 
of the trawl on board a vessel is deemed to be a replacement hook and 
is not counted toward the 3,600-hook limit. A ``snap-on'' hook is 
deemed to be a replacement hook if it is not rigged or baited. The use 
of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) spacing 
between the fairlead rollers is prohibited.
    (5) Small Mesh Northern Shrimp Fishery Exemption Area. Vessels 
subject to the minimum mesh size restrictions specified in this 
paragraph (a) 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 (a)(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 under the exemption 
described in this paragraph (a)(5) 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 (45.4 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 (a)(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 
(a)(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 (a)(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'

[[Page 44153]]

 
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 on board 
a valid letter of authorization issued by the Regional Administrator.
    (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 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 (a)(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 (a)(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 (7.6-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 (18.3 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 a vessel is transiting through the GOM or GB Regulated 
Mesh Areas specified under paragraphs (a)(1) and (2) of this section, 
any nets with a mesh size smaller than the minimum mesh specified in 
paragraphs (a)(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 (a).
    (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 (a)(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 (a)(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 (a)(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 (a)(3) or (4) of this section may transit 
through the Small Mesh Northern Shrimp Fishery Exemption Area defined 
in paragraph (a)(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 (a)(3) or (4) of this section may transit 
through the GOM and GB Regulated Mesh Areas defined in paragraphs 
(a)(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 (a)(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 (a)(6), 
(a)(10), (a)(15), (b), and (c) of this section. Vessels may retain 
exempted small-mesh species as provided in paragraphs (a)(6)(i), 
(a)(10)(i), (a)(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 will be 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

[[Page 44154]]

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 catch of 
regulated species or small-mesh multispecies.
    (iii) The Regional Administrator may, using the process described 
in either paragraph (a)(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 
(a)(8) are subject, at a minimum, to the following restrictions:
    (A) With the exception of fisheries authorized under paragraph 
(a)(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), (c)(4), (c)(5) or (c)(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 SNE 
Exemption Area described in paragraph (b)(10) 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 (a)(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 (a)(5)(ii) or (a)(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 
(a)(9)(i)(A) of this section, nets may not have a mesh size of less 
than 3-inch (7.6-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 (18.3 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 (18.3 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 II
------------------------------------------------------------------------
               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 (122.0 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 (73 m) 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

[[Page 44155]]

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 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 
(a)(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 (a)(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 (a)(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 paragraphs (a)(1) and (2) of this section, any nets with a mesh 
size smaller than the minimum mesh size specified in paragraph (a)(3) 
and (4) of this section must be stowed and unavailable for immediate 
use in accordance with Sec. 648.23(b).
    (D) Incidental species provisions. (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 (90.7 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 (7.6-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 (18.3 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 (18.3 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 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 (a)(11)(i) 
of this section. The GOM Scallop Dredge Fishery Exemption Area is the 
same as the area defined in paragraph (a)(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 (a)(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 Cashes Ledge Closure Areas 
or the Western GOM Area Closure specified in Sec. 648.81(h) and (i).
    (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 (2.4 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

[[Page 44156]]

Exemption Area specified under paragraph (a)(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 (a)(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 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 (a)(14)(i) of this section. The area coordinates of the 
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area are 
specified in paragraph (a)(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 
(a)(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 (a)(15)(i) of this section. The 
exemption does not apply to the Cashes Ledge Closure Areas or the 
Western GOM Area Closure specified in Sec. 648.81(h) and (i). 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 (6.4-cm) square or diamond mesh, subject to the 
restrictions specified in paragraph (a)(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 (a)(15)(i)(B) of this section, all nets must 
comply with a minimum mesh size of 3-inch (7.6-cm) square or diamond 
mesh, subject to the restrictions as specified in paragraph 
(a)(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 (a)(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 (18.3 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 (18.3 m) in 
length.
    (E) Raised footrope trawl gear is required and must be configured 
as specified in paragraphs (a)(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 (7.6 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.
    (16) GOM/GB Exemption Area--Area definition. The GOM/GB Exemption 
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 the U.S.-Canada maritime boundary, 
defined by

[[Page 44157]]

straight lines connecting the following points in the order stated:

Gulf of Maine/Georges Bank Exemption Area

------------------------------------------------------------------------
               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................................  41 deg.18.6'       66 deg.24.8'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime
  Boundary.

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

----------------------------------------------------------------------------------------------------------------
                Point                        N. lat.                W. long.        Approximate loran C bearings
----------------------------------------------------------------------------------------------------------------
G6..................................  40 deg.55.5'           66 deg.38'             5930-Y-30750 and 9960-Y-
                                                                                     43500.
G7..................................  40 deg.45.5'           68 deg.00'             9960-Y-43500 and 68 deg.00'
                                                                                     W. lat.
G8..................................  40 deg.37'             68 deg.00'             9960-Y-43450 and 68 deg.00'
                                                                                     W. lat.
G9..................................  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.................................  .....................  \1\70 deg.00'
----------------------------------------------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland Massachusetts.

    (b) 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 the western boundary of the Georges Bank 
Regulated Mesh Area described under Sec. 648.80(a)(2)(iii); and
    (ii) Bounded on the west by a line beginning at the intersection of 
74 deg.00' W. long. and the south facing shoreline of Long Island, NY, 
and then running southward along the 74 deg.00' W. long. line.
    (2) Gear restrictions--(i) Vessels using trawls. Except as provided 
in paragraphs (b)(2)(i) and (vi) of this section, and unless otherwise 
restricted under paragraph (b)(2)(iii) of this section, the minimum 
mesh size for any trawl net, not stowed and not available for immediate 
use in accordance with section Sec. 648.23(b), except midwater trawl, 
on a vessel or used by a vessel fishing under a DAS in the NE 
multispecies DAS program in the SNE Regulated Mesh Area is 6-inch 
(15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh, applied 
throughout the body and extension of the net, or any combination 
thereof, and 7-inch (17.8-cm) diamond mesh or 6.5-inch (16.5-cm) square 
mesh applied to the codend of the net, as defined under paragraph 
Sec. 648.80(a)(3)(i). 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 (b)(2)(ii) and (vi) of this section, 
the minimum mesh size for any Scottish seine, midwater trawl, or purse 
seine, not stowed and not available for immediate use in accordance 
with section Sec. 648.23(b), on a vessel or used by a vessel fishing 
under a DAS in the NE multispecies DAS program in the SNE Regulated 
Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square 
mesh applied throughout the net, or any combination thereof. 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) Large-mesh vessels. When fishing in the SNE Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
not stowed and not available for immediate use in accordance with 
section Sec. 648.23(b) 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 
(7), is 8.5-inch (21.6) diamond or square 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.
    (iv) Vessels using sink gillnets. The minimum mesh size for any 
sink gillnet, not stowed and not available for immediate use in 
accordance with section Sec. 648.23(b), when fishing under a DAS in the 
NE multispecies DAS program in the SNE Regulated Mesh Area is 6.5 
inches (16.5 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.
    (v) Hook-gear restrictions. Vessels fishing with a valid NE 
multispecies limited access Hook-gear permit and fishing under a 
multispecies DAS in the SNE Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel and are prohibited from fishing, setting, or hauling 
back, per day, or possessing on board the vessel, more than 2,000 
rigged hooks. All hooks must be circle hooks, of a minimum size of 12/
0. An unbaited hook and gangion that has not been secured to the ground 
line of the trawl on board a vessel is deemed to be a replacement hook 
and is not counted toward the 2,000-hook limit. A ``snap-on'' hook is 
deemed to be a replacement hook if it is not rigged or baited. The use 
of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) spacing 
between the fairlead rollers is prohibited.
    (vi) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the SNE Exemption Area as defined in paragraph (b)(10) of 
this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (b)(3), 
(b)(5) through (9), (c), (e), (h) and (i) 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 (h) of this section, or if 
fishing pursuant to a NE multispecies open access Charter/Party or 
Handgear permit, or if fishing as a

[[Page 44158]]

charter/party or private recreational vessel in compliance with the 
regulations specified in Sec. 648.89. 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).
    (3) Exemptions--(i) Species exemptions. (A) Through April 30, 2003, 
owners and operators of vessels subject to the minimum mesh size 
restrictions specified in paragraphs (a)(4) and (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 GB and 
SNE Regulated Mesh Areas when fishing in the SNE Exemption Area defined 
in paragraph (b)(10) of this section, provided such vessels comply with 
requirements specified in paragraph (b)(3)(ii) of this section and with 
the mesh size and possession limit restrictions specified under 
Sec. 648.86(d).
    (B) Beginning May 1, 2003, owners and operators of vessels subject 
to the minimum mesh size restrictions specified in paragraph (b)(2) of 
this section may not use nets with mesh size less than 3 inches (7.6 
cm), unless exempted pursuant to paragraph (b)(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 (b)(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 (7.6-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 (18.3 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 (18.3 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 (a)(4) and (b)(2) of this 
section when fishing in the SNE Exemption Area defined in paragraph 
(b)(10) 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 paragraphs (a)(4) and 
(b)(2) of this section. Vessels fishing for the exempted species 
identified in paragraph (b)(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 raven; 
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 
(a)(8) of this section.
    (5) SNE Monkfish and Skate Trawl Exemption Area. Unless otherwise 
required by monkfish regulations under this part, 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 (b)(5)(i) of this 
section and the monkfish regulations, as applicable under this part. 
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 western boundary of 
the SNE Exemption Area as defined in paragraph (b)(10)(ii) of this 
section.
    (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 (b)(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. Unless otherwise 
required by monkfish regulations under this part, 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 (b)(6)(i) 
of this section and the monkfish regulations, as applicable under 
Sec. 648.91 through 94. 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 western 
boundary of the SNE Exemption Area as defined in paragraph (b)(10)(ii) 
of this section.
    (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 (b)(6)(i)(B) of this section must be stowed as 
specified in Sec. 648.23(b).
    (ii) [Reserved]
    (7) SNE Dogfish Gillnet Exemption Area. Unless otherwise required 
by monkfish regulations under this part a gillnet vessel may fish in 
the SNE Dogfish Gillnet Fishery Exemption Area when not operating under 
a NE multispecies DAS if the vessel complies with the requirements 
specified in paragraph (b)(7)(i) of this section and the applicable 
dogfish regulations under sub-part (L). 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 western 
boundary of the SNE Exemption Area as defined in paragraph (b)(10)(ii) 
of this section.
    (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 (b)(3) of this section.
    (B) All gillnets must have a minimum mesh size of 6-inch (15.2-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 Exemption

[[Page 44159]]

Area, as defined in paragraph (b)(10) of this section, provided that 
any dredge on board the vessel does not exceed 8 ft (2.4 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 (b)(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 (b)(3) of this 
section and, if applicable, paragraph (b)(9)(i)(B) of this section. 
Vessels fishing under this exemption may not possess regulated species.
    (B) reserved
    (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 (14.0-
cm) diamond mesh throughout the net.
    (E) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(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.
    (10) SNE Exemption Area--Area definition. The SNE Exemption 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 Exemption 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 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.
    (c) * * *
    (1) Area definition. The Mid-Atlantic Regulated Mesh Area is that 
area bounded on the east by the western boundary of the SNE Regulated 
Mesh Area, described under Sec. 648.80(b)(1)(ii).
    (2) * *  *
    (ii) Large-mesh vessels. When fishing in the Mid-Atlantic Regulated 
Mesh Area, the minimum mesh size for any trawl net vessel, or sink 
gillnet, not stowed and not available for immediate use in accordance 
with section Sec. 648.23(b), 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 (7), is 7.5-inch (19.0-cm) diamond mesh or 8.0-
inch (20.3-cm) square 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.
* * * * *
    (iv) Hook-gear restrictions. Vessels fishing with a valid NE 
multispecies limited access Hook-gear permit and fishing under a NE 
multispecies DAS in the Mid-Atlantic Regulated Mesh Area, and persons 
on such vessels, are prohibited from possessing gear other than hook 
gear on board the vessel and are prohibited from fishing, setting, or 
hauling back, per day, or possessing on board the vessel, more than 
4,500 rigged hooks. An unbaited hook and gangion that has not been 
secured to the ground line of the trawl on board a vessel is deemed to 
be a replacement hook and is not counted toward the 4,500-hook limit. A 
``snap-on'' hook is deemed to be a replacement hook if it is not rigged 
or baited. The use of de-hookers (``crucifiers'') with less than 6-inch 
(15.2-cm) spacing between the fairlead rollers is prohibited.
* * * * *
    (5) Mid-Atlantic Exemption Area. The Mid-Atlantic Exemption Area is 
that area that lies west of the SNE Exemption Area defined in paragraph 
(b)(10) of this section.
    (d) * * *
    (2) When fishing under this exemption in the GOM/GB Exemption Area 
as defined in paragraph (a)(16) of this section, and in the area 
described in Sec. 648.81(c)(1), the vessel has on board a letter of 
authorization issued by the Regional Administrator, and complies with 
all restrictions and conditions thereof;
* * * * *
    (e) * * *
    (2) When fishing under this exemption in the GOM/GB Exemption Area 
as defined in paragraph (a)(16) of this section, the vessel has on 
board a letter of authorization issued by the Regional Administrator;
* * * * *
    (h) * * *
    (1) Except as provided in paragraph (h)(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 regulated species on board the vessel does not exceed the trip 
limits specified in Sec. 648.86, and provided the vessel has at least 
one standard tote on board, unless otherwise restricted by 
Sec. 648.86(a)(2).
* * * * *
    (i) * * *
    (8) The vessel does not fish for, possess, or land any species of 
fish other than winter flounder and the exempted small-mesh species 
specified under paragraphs (a)(5)(i), (a)(9)(i), (b)(3), and (c)(4) of 
this section when fishing in the areas specified under paragraphs 
(a)(5), (a)(9), (b)(10), and (c)(5) of this section, respectively. 
Vessels fishing under this exemption in New York and Connecticut state 
waters may also

[[Page 44160]]

possess and retain skate as incidental take in this fishery.
* * * * *
    7. In Sec. 648.81, paragraphs (d), (g)(1), (g)(2)(iii) through (v), 
(h), (i) and (n) are revised to read as follows:


Sec. 648.81  Closed areas.

* * * * *
    (d) Transiting. A vessel may transit Closed Area I, the Nantucket 
Lightship Closed Area, the GOM Rolling Closure Areas, the Cashes Ledge 
Closure Area, the Western GOM Area Closure, and the GB Seasonal Area 
Closure, as defined in paragraphs (a)(1), (c)(1), (g)(1), (h)(1), 
(i)(1) and (n)(1), respectively, of this section, provided that its 
gear is stowed in accordance with the provisions of Sec. 648.23(b).
* * * * *
    (g) GOM Rolling Closure Areas. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, or be in; and no fishing gear 
capable of catching NE multispecies, unless otherwise allowed in this 
part, may be in, or on board a vessel in GOM Rolling Closure Areas I 
through V, as described in paragraphs (g)(1)(i) through (v) of this 
section, for the times specified in paragraphs (g)(1)(i) through (v) of 
this section, except as specified in paragraphs (d) and (g)(2) of this 
section. A chart depicting these areas is available from the Regional 
Administrator upon request.
    (i) Rolling Closure Area I. From March 1 through March 31, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Rolling Closure Area I, which is the area bounded by straight lines 
connecting the following points in the order stated:

                         Rolling closure Area I
                           [March 1-March 31]
------------------------------------------------------------------------
               Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
GM3...............................  42 deg.00'         (\1\)
GM5...............................  42 deg.00'         68 deg.30'
GM6...............................  42 deg.30'         68 deg.30'
GM23..............................  42 deg.30'         70 deg.00'
------------------------------------------------------------------------
\1\ Cape Cod shoreline on the Atlantic Ocean.

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

                         Rolling Closure Area II
                           [April 1-April 30]
------------------------------------------------------------------------
               Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
GM1...............................  42 deg.00'         (\1\)
GM2...............................  42 deg.00'         (\2\)
GM3...............................  42 deg.00'         (\3\)
GM5...............................  42 deg.00'         68 deg.30'
GM6...............................  42 deg.30'         68 deg.30'
GM9...............................  42 deg.30'         (\1\)
------------------------------------------------------------------------
\1\ 1 Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.

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

                        Rolling Closure Area III
                             [May 1-May 31]
------------------------------------------------------------------------
               Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
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.00'         70 deg.00'
GM6...............................  42 deg.30'         68 deg.30'
GM14..............................  43 deg.30'         68 deg.30'
GM10..............................  43 deg.30'         (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.

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

                         Rolling Closure Area IV
                            [June 1-June 30]
------------------------------------------------------------------------
             Point                   N. Lat.             W. Long.
------------------------------------------------------------------------
GM9............................  42 deg.30'       (\1\)
GM23...........................  42 deg.30'       70 deg.00'
GM17...........................  43 deg.30'       70 deg.00'
GM19...........................  43 deg.30'       67 deg.32' or (\2\)
GM20...........................  44 deg.00'       67 deg.21' or (\2\)
GM21...........................  44 deg.00'       69 deg.00'
GM22...........................  (\3\)            69 deg.00'
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ U.S.-Canada maritime boundary.
\3\ Maine shoreline.

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

                         Rolling Closure Area V
                         [October 1-November 30]
------------------------------------------------------------------------
               Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
GM1 42 deg.00'....................  (\1\)
GM2 42 deg.00'....................  (\2\)
GM3 42 deg.00'....................  (\3\)
GM4 42 deg.00'....................  70 deg.00'
GM8 42 deg.30'....................  70 deg.00'
GM9 42 deg.30'....................  (\1\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.

    (2) * * *
    (iii) * * *
    (A) For vessels fishing under charter/party regulations in a 
Rolling Closure Area described under Sec. 648.81(g)(1), it has on board 
a letter of authorization issued by the Regional Administrator, which 
is valid from the date of enrollment through the duration of the 
closure or 3 months duration, whichever is greater; For vessels fishing 
under charter/party regulations in the Cashes Ledge Closure Area or 
Western Gulf of Maine Area Closure, as described under Sec. 648.81(h) 
and (i), respectively, it has on board a letter of authorization issued 
by the Regional Administrator, which is valid from the date of 
enrollment until the end of the fishing year.
    (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 for which the letter of authorization is valid.
    (iv) That are fishing with or using scallop dredge gear when 
fishing under a scallop DAS or when lawfully fishing in the Scallop 
Dredge Fishery Exemption Area as described in Sec. 648.80(a)(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(a)(15), and in the GOM Rolling 
Closure Area V, as specified in paragraph (g)(1)(v) of this section.
    (h) 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:

[[Page 44161]]



                      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 (h)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraphs 
(g)(2)(ii) and (iii) of this section.
    (i) 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, as defined by straight lines connecting the following 
points in the order stated, except as specified in paragraphs (d) and 
(i)(2) of this section:

                       Western GOM Area Closure\1\
------------------------------------------------------------------------
               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'
------------------------------------------------------------------------
\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 (i)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraphs 
(g)(2)(ii) and (iii) of this section.
* * * * *
    (n) GB 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 NE multispecies, unless 
otherwise allowed in this part, may be in the area known as the GB 
Seasonal Closure Area, as defined by the straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(d) and (n)(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'         68 deg.30'
GB3...............................  42 deg.20'         68 deg.30'
GB4...............................  42 deg.20'         67 deg.20'
GB5...............................  41 deg.30'         67 deg.20'
CI1...............................  41 deg.30'         69 deg.23'
CI2...............................  40 deg.45'         68 deg.45'
CI3...............................  40 deg.45'         68 deg.30'
GB6...............................  40 deg.30'         68 deg.30'
GB7...............................  40 deg.30'         69 deg.00'
G10...............................  40 deg.50'         69 deg.00'
GB8...............................  40 deg.50'         69 deg.30'
GB9...............................  41 deg.00'         69 deg.30'
GB10..............................  41 deg.00'         70 deg.00'
G12...............................  (\1\)              70 deg.00'
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of Mainland
  Massachusetts.

    (2) Paragraph (n)(1) of this section does not apply to persons on 
fishing vessels or to fishing vessels:
    (i) That meet the criteria in paragraphs (g)(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(a)(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(h).
    8. In Sec. 648.82, paragraph (b); introductory text of paragraphs 
(k) and (k)(1), paragraphs (k)(1)(i), (k)(1)(ii), and (k)(2) are 
revised; paragraphs (k)(1)(vi) and (vii) are removed; and paragraphs 
(k)(3) through (5), and paragraph (l) are added to read as follows:


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

* * * * *
    (b) DAS program--permit categories and allocations. All limited 
access NE multispecies permit holders shall be assigned to one of the 
following DAS permit categories according to the criteria specified. 
For the fishing year 2002 only, permit holders that may request a 
change in permit category, as specified in Sec. 648.4(a)(1)(i)(I)(2), 
and that were issued a limited access permit prior to August 1, 2002, 
may request a change in permit category one time prior to either August 
31, or within 45 days of permit issuance, whichever date is later. For 
the fishing year 2003 permit holders may request a change in permit 
category as specified in Sec. 648.4(a)(1)(i)(I)(2). Each fishing year 
shall begin on May 1 and extend through April 30 of the following year. 
Beginning August 1, 2002, with the exception of the Small Vessel 
category described in paragraph (b)(3) of this section, NE multispecies 
DAS available for use will be calculated as described below.
    (1) Individual DAS category--DAS allocation. Beginning August 1, 
2002, for a vessel fishing under the Individual DAS category, NE 
multispecies DAS available for use for the May 1, 2002, through April 
30, 2003, fishing year, and for the next fishing year, will be 
calculated based upon the fishing history associated with the vessel's 
permit, as described in paragraph (l)(1) of this section, as reduced as 
specified in paragraph (l)(2) of this section.
    (2) Fleet DAS category--DAS allocation. Beginning August 1, 2002, 
for a vessel fishing under the Fleet DAS category, NE multispecies DAS 
available for use for the May 1, 2002, through April 30, 2003, fishing 
year, and for the next fishing year, will be calculated based upon the 
fishing history associated with the vessel's permit, as described in 
paragraph (l)(1) of this section, as reduced as specified in paragraph 
(l)(2) of this section.
    (3) Small Vessel category--(i) DAS allocation. A vessel qualified 
and electing to fish under the Small Vessel category may retain up to 
300 lb (136.1 kg) of cod, haddock, and yellowtail flounder, combined, 
and one Atlantic halibut per trip, without being subject to DAS 
restrictions, provided the vessel does not exceed the yellowtail 
flounder possession restrictions specified under Sec. 648.86(h). Such a 
vessel is not subject to a possession limit for other NE multispecies. 
Any vessel may elect to switch into this category, as provided in 
Sec. 648.4(a)(1)(i)(I)(2), if such vessel meets or complies with the 
following:
    (ii) The vessel is 30 ft (9.1 m) or less in length overall as 
determined by measuring along a horizontal line drawn from a 
perpendicular raised from the outside of the most forward portion of 
the stem of the vessel to a perpendicular raised from the after most 
portion of the stern.
    (iii) If construction of the vessel was begun after May 1, 1994, 
the vessel must be constructed such that the quotient of the overall 
length divided by the beam is not less than 2.5.
    (iv) Acceptable verification for vessels 20 ft (6.1 m) or less in 
length shall be USCG documentation or state registration papers. For 
vessels over 20 ft (6.1 m) in length, the measurement of length must be 
verified in writing by a qualified marine surveyor, or the builder, 
based on the vessel's construction plans, or by other means

[[Page 44162]]

determined acceptable by the Regional Administrator. A copy of the 
verification must accompany an application for a NE multispecies 
permit.
    (v) Adjustments to the Small Vessel category requirements, 
including changes to the length requirement, if required to meet 
fishing mortality goals, may be made by the Regional Administrator 
following framework procedures of Sec. 648.90.
    (4) Hook-Gear category--DAS allocation. Beginning August 1, 2002, 
for a vessel fishing under the Hook-gear category, NE multispecies DAS 
available for use for the May 1, 2002, through April 30, 2003, fishing 
year, and for the next fishing year, will be calculated based upon the 
fishing history associated with the vessel's permit, as described in 
paragraph (l)(1) of this section, as reduced as specified in paragraph 
(l)(2) of this section. A vessel fishing under this category in the DAS 
program must meet or comply with the gear restrictions specified under 
Sec. 648.80(a)(3)(vii), (a)(4)(ii), (b)(2)(v) and (c)(2)(iv) when 
fishing in the respective regulated mesh areas.
    (5) Combination vessel category--DAS allocation. Beginning August 
1, 2002, for a vessel fishing under the Combination Vessel category, NE 
multispecies DAS available for use for the May 1, 2002, through April 
30, 2003, fishing year, and for the next fishing year, will be 
calculated based upon the fishing history associated with the vessel's 
permit, as described in paragraph (l)(1) of this section, as reduced as 
specified in paragraph (l)(2) of this section.
    (6) Large Mesh Individual DAS category--DAS allocation. Beginning 
August 1, 2002, for a vessel fishing under the Large Mesh Individual 
DAS category, NE multispecies DAS available for use for the May 1, 
2002, through April 30, 2003, fishing year, and for the next fishing 
year, will be calculated based upon the fishing history associated with 
the vessel's permit, as described in paragraph (l)(1) of this section, 
as reduced as specified in paragraph (l)(2) of this section, and then 
increased by 36 percent. To be eligible to fish under the Large Mesh 
Individual DAS category, a vessel, while fishing under this category, 
must fish under the specific regulated mesh area minimum mesh size 
restrictions, as specified in paragraphs (a)(3)(iii), (a)(4)(iii), 
(b)(2)(iii) and (c)(2)(ii) of this section.
    (7) Large Mesh Fleet DAS category--DAS allocation. Beginning August 
1, 2002, for a vessel fishing under the Large Mesh Fleet DAS category, 
NE multispecies DAS available for use for the May 1, 2002, through 
April 30, 2003, fishing year, and for the next fishing year , will be 
calculated based upon the fishing history associated with the vessel's 
permit, as described in paragraph (l)(1) of this section, as reduced as 
specified in paragraph (l)(2) of this section, and then increased by 36 
percent. To be eligible to fish under the Large Mesh Fleet DAS 
category, a vessel, while fishing under this category, must fish under 
the specific regulated mesh area minimum mesh size restrictions, as 
specified in paragraphs (a)(3)(iii), (a)(4)(iii), (b)(2)(iii) and 
(c)(2)(ii) of this section.
* * * * *
    (k) Gillnet restrictions. Beginning August 1, 2002, vessels issued 
a limited access NE multispecies permit and fishing under a NE 
multispecies DAS with gillnet gear must obtain an annual designation as 
either a Day or Trip gillnet vessel as described in 
Sec. 648.4(c)(2)(iii).
    (1) Day gillnet vessels. A Day gillnet vessel fishing with gillnet 
gear under a multispecies DAS is not required to remove gear from the 
water upon returning to the dock and calling-out of the DAS program, 
provided the vessel complies with the restrictions specified in 
paragraphs (k)(1)(i) through (v) of this section. Vessels electing to 
fish under the Day gillnet designation must have on board written 
confirmation issued by the Regional Administrator, that the vessel is a 
Day gillnet vessel.
    (i) Number and size of nets. Vessels may not fish with, haul, 
possess, or deploy more than the number of nets specified in paragraphs 
(k)(1)(i)(A) through (D) of this section, when fishing in the 
respective regulated mesh areas, provided the nets are tagged in 
accordance with paragraph (k)(1)(ii) of this section, unless otherwise 
specified in this paragraph. Such vessels, in accordance with 
Sec. 648.23(b), may stow additional nets not to exceed 160, counting 
deployed nets. Nets may not be longer than 300 ft (91.4 m), or 50 
fathoms, in length.
    (A) A Day gillnet vessel fishing under a NE multispecies DAS and 
fishing in the GOM Regulated Mesh Area, as described in 
Sec. 648.80(a)(1), may not fish with, haul, possess, or deploy more 
than 50 roundfish gillnets or 100 flatfish gillnets, except as provided 
in Sec. 648.92(b)(8)(i). 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)(i)(A).
    (B) A Day gillnet vessel fishing under a NE multispecies DAS and 
fishing in the GB Regulated Mesh Area as described in 
Sec. 648.80(a)(2), may not fish with, haul, possess, or deploy more 
than 50 nets, except as provided in Sec. 648.92(b)(8)(i). Vessels may 
fish any combination of roundfish and flatfish gillnets, up to 50 nets.
    (C) A Day gillnet vessel fishing under a NE multispecies DAS and 
fishing in the SNE Regulated Mesh Area as described in 
Sec. 648.80(b)(1), may not fish with, haul, possess, or deploy more 
than 75 nets, except as provided in Sec. 648.92(b)(8)(i). Vessels may 
fish any combination of roundfish and flatfish gillnets, up to 75 nets.
    (D) A Day gillnet vessel fishing under a NE multispecies DAS and 
fishing in the Mid-Atlantic Regulated Mesh Area, as described in 
Sec. 648.80(c)(1), may not fish with, haul, possess, or deploy more 
than 80 roundfish gillnets or 160 flatfish gillnets. Vessels may fish 
any combination of roundfish and flatfish gillnets, up to 160 nets, 
provided that the number of roundfish and flatfish gillnets does not 
exceed the limitations specified in this paragraph (k)(1)(i)(D).
    (ii) Tagging requirements. When fishing under a NE multispecies 
DAS, all gillnets fished, hauled, possessed, or deployed by a vessel in 
the Day gillnet category, must be tagged according to the provisions 
specified in paragraphs (k)(1)(ii)(A) through (D) of this section, when 
fishing in the respective regulated mesh areas, or as otherwise 
specified under Sec. 648.92(b)(8)(ii). Tags must be obtained as 
described in Sec. 648.4(c)(2)(iii), and vessels must have on board 
written confirmation issued by the Regional Administrator, indicating 
that the vessel is a Day gillnet vessel. The vessel operator must 
produce all net tags upon request by an authorized officer. A vessel 
may have tags on board in excess of the number of tags corresponding to 
the allowable number of nets, provided such tags are onboard the vessel 
and can be made available for inspection.
    (A) When fishing in the GOM Regulated Mesh Area, roundfish nets 
must be tagged with two tags per net, with one tag secured to each 
bridle of every net, within a string of nets, and flatfish nets must 
have one tag per net, with one tag secured to every other bridle of 
every net within a string of nets.
    (B) When fishing in the Mid-Atlantic Regulated Mesh Area, roundfish 
must be tagged with two tags per net, with one tag secured to each 
bridle of every net, with a string of nets, and flatfish gillnets must 
be tagged with one tag per net, with one tag secured to every other 
bridle of every net within a string of nets.

[[Page 44163]]

    (C) When fishing in the GB Regulated Mesh Area, roundfish or 
flatfish gillnets must be tagged with 2 tags per net, with one tag 
secured to each bridle of every net, within a string of nets.
    (D) When fishing in the SNE Regulated Mesh Area, roundfish or 
flatfish gillnets must be tagged with 2 tags per net, with one tag 
secured to each bridle of every net within a string of nets secured to 
every other bridle of every net within a string of nets.
* * * * *
    (2) Trip gillnet vessels. When fishing under a NE multispecies DAS, 
a Trip gillnet vessel is required to remove all gillnet gear from the 
water before calling out of a NE multispecies DAS under 
Sec. 648.10(c)(3), and must comply with the restrictions specified in 
paragraphs (k)(2)(i) and (ii) of this section. When not fishing under a 
NE multispecies DAS, Trip gillnet vessels may fish in an exempted 
fishery with gillnet gear as authorized under the exemptions described 
in Sec. 648.80. Vessels electing to fish under the Trip gillnet 
designation must have on board written confirmation issued by the 
Regional Administrator, that the vessel is a Trip gillnet vessel.
    (i) Number and size of nets. Vessels may not fish with, haul, 
possess, or deploy more than the number of nets specified in paragraphs 
(k)(2)(i)(A) through (D) of this section, when fishing in the 
respective regulated mesh areas, provided the nets are tagged in 
accordance with paragraph (k)(1)(ii) of this section, unless otherwise 
specified in this paragraph. Such vessels, in accordance with 
Sec. 648.23(b), may stow additional nets not to exceed 160, counting 
deployed nets. Nets may not be longer than 300 ft (91.4 m), or 50 
fathoms, in length.
    (A) A Trip gillnet vessel fishing under a NE multispecies DAS and 
fishing in the GOM Regulated Mesh Area, as described in 
Sec. 648.80(a)(1), may not fish with, haul, possess, or deploy more 
than 150 gillnets, except as provided in Sec. 648.92(b)(8)(i). Vessels 
may fish any combination of roundfish and flatfish gillnets up to 150 
nets.
    (B) A Trip gillnet vessel fishing under a NE multispecies DAS and 
fishing in the GB Regulated Mesh Area as described in 
Sec. 648.80(a)(2), may not fish with, haul, possess, or deploy more 
than 50 nets, except as provided in Sec. 648.92(b)(8)(i). Vessels may 
fish any combination of roundfish and flatfish gillnets, up to 50 nets.
    (C) A Trip gillnet vessel fishing under a NE multispecies DAS and 
fishing in the SNE Regulated Mesh Area as described in 
Sec. 648.80(b)(1), may not fish with, haul, possess, or deploy more 
than 75 nets, except as provided in Sec. 648.92(b)(8)(i). Vessels may 
fish any combination of roundfish and flatfish gillnets, up to 75 nets.
    (D) A Trip gillnet vessel fishing under a NE multispecies DAS and 
fishing in the Mid-Atlantic Regulated Mesh Area is not subject to a 
restrictions on number of allowable nets.
    (ii) Tagging requirements. When fishing under a NE multispecies 
DAS, all gillnets fished, hauled, possessed, or deployed by a vessel in 
the Trip gillnet category, must be tagged according to the provisions 
specified in paragraphs (k)(2)(ii)(A) through (C) of this section, when 
fishing in the respective regulated mesh areas, or as otherwise 
specified under Sec. 648.92(b)(8)(ii) or under paragraph (k)(2)(ii)(D) 
of this section. Tags must be obtained as described in 
Sec. 648.4(c)(2)(iii), and vessels must have on board written 
confirmation issued by the Regional Administrator, indicating that the 
vessel is a Day gillnet vessel. The vessel operator must produce all 
net tags upon request by an authorized officer. A vessel may have tags 
on board in excess of the number of tags corresponding to the allowable 
number of nets, provided such tags are on board the vessel and can be 
made available for inspection.
    (A) When fishing in the GOM Regulated Mesh Area, roundfish or 
flatfish nets must be tagged with one tag per net, secured to every 
other bridle of every net within a string of nets.
    (B) When fishing in the GB Regulated Mesh Area, roundfish or 
flatfish gillnets must be tagged with 2 tags per net, with one tag 
secured to each bridle of every net, within a string of nets.
    (C) When fishing in the SNE Regulated Mesh Area, roundfish or 
flatfish gillnets must be tagged with 2 tags per net, with one tag 
secured to each bridle of every net within a string of nets.secured to 
every other bridle of every net within a string of nets.
    (D) When fishing in the Mid-Atlantic Regulated Mesh Area, gillnets 
are not required to be tagged.
    (3) Lost tags. Vessel owners or operators are required to report 
lost, destroyed, and missing tag numbers as soon as feasible after tags 
have been discovered lost, destroyed or missing, by letter or fax to 
the Regional Administrator.
    (4) Replacement tags. Vessel owners or operators seeking 
replacement of lost, destroyed, or missing tags must request 
replacement of tags by letter or fax to the Regional Administrator. A 
check for the cost of the replacement tags must be received before tags 
will be re-issued.
    (5) Removal of nets from the water. Gillnets must be removed from 
the water when the vessel's annual NE multispecies DAS allocation has 
been used.
    (l) Used DAS baseline and DAS reduction--(1) Used DAS baseline. For 
all valid limited access NE multispecies permits and NE multispecies 
confirmation of permit histories (CPH), beginning with the 2002 fishing 
year, a vessel's used DAS baseline will be based on the fishing history 
associated with its permit and will be determined by the highest number 
of DAS fished during a single fishing year, as specified in paragraphs 
(l)(1)(i) through (iv) of this section, during the 5-year period from 
May 1, 1996, through April 30, 2001, not to exceed the vessel's annual 
allocation prior to August 1, 2002. If the highest number of DAS fished 
under such permit during a single fishing year is less than 10 DAS, the 
used DAS baseline will be 10 DAS. If a vessel that was originally 
issued a limited access NE multispecies permit was lawfully replaced in 
accordance with the replacement restrictions specified in section 
Sec. 648.4(a), then the used DAS baseline will be defined based upon 
the DAS used by the original vessel and by subsequent vessel(s) 
associated with the permit during the 5-year period specified above.
    (i) Except as provided in paragraphs (l)(1)(ii) through (iv) of 
this section, historic DAS use will be determined as specified under 
the DAS notification requirements in Sec. 648.10.
    (ii) For a vessel exempt from or not subject to the DAS 
notification system, specified in Sec. 648.10, during the period May 
1996 through June 1996, the vessel's used DAS baseline for that period 
will be defined based on the vessel's DAS use, calculated from vessel 
trip reports submitted to NMFS prior to April 9, 2002.
    (iii) For a vessel enrolled in a Large Mesh DAS category, as 
specified in Sec. 648.82(b)(6) and (7), calculation of the used DAS 
baseline will be determined based on the highest number of DAS fished 
during a single fishing year during the 1996 through 2000 fishing 
years, from May 1, 1996, through April 30, 2001, not to exceed the 
vessel's allocation in any given year. That is, the used DAS baseline 
shall not be based on additional DAS the vessel fished under the Large 
Mesh DAS category.
    (iv) For vessels fishing under the Day gillnet designation, as 
specified under Sec. 648.82(k)(1), used DAS, beginning on May 1, 1997 
(implementation of differential DAS accounting for gillnet vessels, 
i.e., Framework Adjustment 20), for trips greater than 3 hours but less

[[Page 44164]]

than or equal to 15 hours, will be counted as 15 hours. Trips less than 
or equal to 3 hours, or greater than 15 hours, will be counted as 
actual time.
    (2) DAS reduction. For fishing years beginning May 1, 2002, and May 
1, 2003, a NE multispecies DAS vessel, unless otherwise specified in 
paragraph (l)(2) of this section, shall be allocated 80 percent of its 
DAS baseline specified under paragraph (l)(1) of this section. An 
additional 36 percent will be subsequently added and available for use 
for participants in the Large Mesh DAS categories, as described at 
Sec. 648.80(b)(6) and (7), provided the participants comply with the 
applicable gear restrictions.
    (i) NE multispecies DAS fished by a vessel during the period May 1, 
2002, through July 31, 2002, will be deducted from the DAS available 
for use for the 2002 fishing year, as calculated under 
Sec. 648.80(l)(2).
    (ii) For vessels fishing under the Day gillnet designation, as 
specified in Sec. 648.82(k)(1), NE multispecies DAS for the period May 
1, 2002, through July 31, 2002, for trips greater than 3 hours, but 
less than or equal to 15 hours, will be counted as 15 hours. Trips less 
than or equal to 3 hours, or greater than 15 hours, will be counted as 
actual time.
    (iii) For vessels fishing with gear other than gillnet gear, NE 
multispecies DAS used for the period May 1, 2002, through July 31, 
2002, will be counted as actual time.
    (iv) Beginning on August 1, 2002, if the number of DAS used by a 
vessel during the May 1 through July 31, 2002, period equals or exceeds 
the number of DAS available for use calculated by NMFS as described in 
this section, the number of DAS available for use for the remainder of 
the 2002 fishing year will be zero, unless the vessel has available 
carry-over days from the previous fishing year, as specified under 
paragraph (a)(1) of this section.
    (3) Appeal of used DAS baseline. (i) A vessel's used DAS baseline 
as determined under paragraph (l)(1) of this section, may be appealed 
to the Regional Administrator, by submitting a written request to 
appeal. The request to appeal must be received by the Regional 
Administrator no later than August 31, 2002. The request to appeal must 
be in writing and provide credible evidence that the information used 
by the Regional Administrator in making the determination of the 
vessel's DAS baseline was based on mistaken or incorrect data. The 
decision on appeal shall be determined solely on the basis of written 
information submitted, unless the Regional Administrator specifies 
otherwise. The Regional Administrator's decision on appeal is the final 
decision of the Department of Commerce.
    (ii) Status of vessel's pending appeal of used DAS baseline. While 
a vessel's used DAS baseline is under appeal, the vessel is limited to 
fishing with the number of DAS in accordance with Sec. 648.80(l).
    9. In Sec. 648.83, paragraph (a)(1) is revised to read as follows: 
Sec. 648.83  Multispecies minimum fish sizes.
    (a) * * *
    (1) Minimum fish sizes for recreational vessels and charter/party 
vessels that are not fishing under a NE multispecies DAS are specified 
in Sec. 648.89. Except as provided in Sec. 648.17, all other vessels 
are subject to the following minimum fish sizes, determined by total 
length (TL):

             Minimum Fish Sizes (TL) for Commercial Vessels
------------------------------------------------------------------------
                        Species                          Sizes  (inches)
------------------------------------------------------------------------
Cod....................................................     22 (55.9 cm)
Haddock................................................     19 (48.3 cm)
Pollock................................................     19 (48.3 cm)
Witch flounder (gray sole).............................     14 (35.6 cm)
Yellowtail flounder....................................     13 (33.0 cm)
American plaice (dab)..................................     14 (35.6 cm)
Atlantic halibut.......................................     36 (91.4 cm)
Winter flounder (blackback)............................     12 (30.5 cm)
Redfish................................................      9 (22.9 cm)
------------------------------------------------------------------------

* * * * *
    10. In Sec. 648.86, paragraphs (b)(1)(i), (b)(1)(ii)(A), (b)(2) and 
(b)(3) are revised and paragraph (h) is added to read as follows:


Sec. 648.86  Multispecies possession restrictions.

* * * * *
    (b) * * *
    (1) * * *
    (i) Except as provided in paragraph (b)(1)(ii) and (b)(4) of this 
section, and subject to the call-in provision specified in 
Sec. 648.10(f)(3)(i), a vessel fishing under a NE multispecies DAS may 
land only up to 500 lb (272.3 kg) of cod during the first 24-hr period 
after the vessel has started a trip on which cod were landed (e.g., a 
vessel that starts a trip at 6 a.m. may call our of the DAS program at 
11 a.m. and land up to 500 lb (272.3 kg), but the vessel cannot land 
any more cod on a subsequent trip until at least 6 a.m. on the 
following day). For each trip longer than 24 hr, a vessel may land up 
to an additional 500 lb (272.2 kg) for each additional 24-hr block of 
DAS fished, or part of an additional 24-hr block of DAS fished, up to a 
maximum of 4,000 lb (1,818.2 kg) per trip (e.g., a vessel that has been 
called into the DAS program for more than 24 hr, but less than 48 hr, 
may land up to, but no more than 1,000 lb (454.5 kg) of cod). A vessel 
that has been called into only part of an additional 24-hr block of a 
DAS (e.g. a vessel that has been called into the DAS program for more 
than 24 hr but less than 48 hr) may land up to an additional 500 lb 
(272.2 kg) of cod for that trip provided the vessel complies with 
Sec. 648.86(b)(1)(ii). Cod on board a vessel subject to this landing 
limit must be separated from other species of fish and stored so as to 
be readily available for inspection.
    (ii) * * *
    (A) The vessel operator does not call-out of the DAS program as 
described under Sec. 648.10(c)(3) and does not depart from a dock or 
mooring in port, unless transiting as allowed in paragraph (b)(3) of 
this section, until the rest of the additional 24-hr block of the DAS 
has elapsed regardless of whether all of the cod on board is offloaded 
(e.g., a vessel that has been called into the DAS program for 25 hr, at 
the time of landing, may land only up to 1000 lb (454.5 kg) of cod, 
provided the vessel does not call out of the DAS program or leave port 
until 48 hr have elapsed from the beginning of the trip).
    (2) Georges Bank Cod Landing and Maximum Possession Limits. (i) For 
each fishing year, a vessel that is exempt from the landing limit 
described in paragraph (b)(1) of this section and fishing under a NE 
multispecies DAS may land up to 2,000 lb (907.2 kg) of cod during the 
first 24-hr period after the vessel has started a trip on which cod 
were landed (e.g., a vessel that starts a trip at 6 a.m. may call out 
of the DAS program at 11 a.m. and land up to 2,000 lb (907.2 kg)), but 
the vessel cannot land any more cod on a subsequent trip until at least 
6 a.m. on the following day). For each trip longer than 24 hr, a vessel 
may land up to an additional 2,000 lb (907.2 kg) for each additional 
24-hr block of DAS fished, or part of an additional 24-hr block of DAS 
fished, up to a maximum of 20,000 lb (9,071.8 kg) per trip (e.g., a 
vessel that has been called into the DAS program for 48 hr or less, but 
more than 24 hr, may land up to, but no more than 4,000 lb (1,814.4 kg) 
of cod). A vessel that has called into only part of an additional 24-hr 
block of a DAS (e.g., a vessel that has called into the DAS program for 
more than 24 hr, but less than 48 hr) may land up to an additional 
2,000 lb (907.2 kg) of cod for that trip of cod for that trip provided 
the vessel complies with 648.86(b)(2)(ii). Cod on board a vessel 
subject to this landing limit must be separated from other species of 
fish and stored so as to be readily available for inspection.
    (ii) A vessel subject to the cod landing limit restrictions 
described in paragraph

[[Page 44165]]

(b)(1)(i) of this section may come into port with and offload cod in 
excess of the landing limit as determined by the number of DAS elapsed 
since the vessel called into the DAS program, provided that:
    (A) The vessel operator does not call-out of the DAS program as 
described under Sec. 648.10(c)(3) and does not depart from a dock or 
mooring in port, unless transiting as allowed in paragraph (b)(3) of 
this section, until the rest of the additional 24-hr block of the DAS 
has elapsed, regardless of whether all of the cod on board is offloaded 
(e.g., a vessel that has been called into the DAS program for 25 hr, at 
the time of landing, may land only up to 4,000 lb (1,814.4 kg) of cod, 
provided the vessel does not call out of the DAS program or leave port 
until 48 hr have elapsed from the beginning of the trip).
    (B) [Reserved]
    (3) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraphs (b)(1) and (2) of this section, and is, 
therefore, subject to the requirement to remain in port for the period 
of time described in paragraphs (b)(1)(ii)(A) and (b)(2)(ii)(A) of this 
section, may transit to another port during this time, provided that 
the vessel operator notifies the Regional Administrator either at the 
time the vessel reports its hailed weight of cod or at a later time 
prior to transiting, and provides the following information: Vessel 
name and permit number, destination port, time of departure, and 
estimated time of arrival. A vessel transiting under this provision 
must stow its gear in accordance with one of the methods specified in 
Sec. 648.23(b) and may not have any fish on board the vessel.
* * * * *
    (h) Yellowtail Flounder--(1) Yellowtail flounder possession limit 
north of 40 deg.00' N. lat. in the Georges Bank or Gulf of Maine 
Regulated Mesh Area. Beginning August 1, 2002, except when fishing 
under the recreational and charter/party restrictions specified under 
Sec. 648.89, there is no possession limit for yellowtail flounder for a 
vessel issued a NE multispecies permit and fishing under a NE 
multispecies DAS north of 40 deg.00' N. lat. in either the GB or GOM 
Regulated Mesh Area, provided the vessel complies with the following 
requirements in order to fish for possess, or land yellowtail flounder:
    (i) The vessel possess on board a yellowtail exemption letter 
issued by the Regional Administrator.
    (ii) The vessel does not fish in the SNE Regulated Mesh Area, or 
south of 40 deg.00' N. lat. for a minimum of 30 consecutive days (when 
fishing under the NE multispecies DAS program). Vessels subject to 
these restrictions may transit the SNE Regulated Mesh Area and south of 
40 deg.00' N. lat. with yellowtail flounder on board the vessel, 
provided that the gear is stowed in accordance with one of the 
provisions of Sec. 648.23(b).
    (2) Yellowtail flounder possession limit north of 40 deg.00' N. lat 
in the Southern New England Regulated Mesh Area. Beginning August 1, 
2002, except when fishing under the recreational and charter/party 
restrictions specified under Sec. 648.89, a vessel issued a NE 
multispecies permit and fishing any portion of a trip under a NE 
multispecies DAS north of 40 deg.00' N. lat. in the SNE Regulated Mesh 
Area is subject to the following requirements and trip limits in order 
to fish for, possess, or land yellowtail flounder:
    (i) The vessel possesses on board a yellowtail authorization letter 
issued by the Regional Administrator.
    (ii) The vessel does not fish south of 40 deg.00' N. lat. for a 
minimum of 30 consecutive days (when fishing under the NE multispecies 
DAS program). Vessels subject to these restrictions may transit the 
area south of 40 deg.00' N. lat. provided that the gear is stowed in 
accordance with one of the provisions of Sec. 648.23(b).
    (iii) During the period March through May, vessels may land or 
possess on board only up to 250 lb (113.6 kg) of yellowtail flounder 
per trip; and
    (iv) During the period June through February, vessels may land only 
up to 750 lb (340.9 kg) of yellowtail flounder per DAS, or any part of 
a DAS, up to a maximum possession limit of 3,000 lb (1,364.0 kg) per 
trip.
    (3) Yellowtail flounder prohibition south of 40 deg.00' N. lat. 
Beginning August 1, 2002, unless fishing under the recreational and 
charter/party restrictions specified under Sec. 648.89, or transiting 
as provided for under Sec. 648.86(h)(1) or (2), a vessel not in 
possession of a valid exemption letter or a vessel fishing any portion 
of a trip south of 40 deg.00' N. lat is prohibited from possessing or 
landing yellowtail flounder.
    11. In Sec. 648.88, the introductory text for paragraph (a), and 
paragraph (a)(1) are revised to read as follows:


Sec. 648.88  Multispecies open access permit restrictions.

    (a) Handgear permit. Beginning August 1, 2002, NE multispecies open 
access Handgear permits shall not be issued to any vessel that has 
never been issued such permit, or has not submitted a complete 
application for such permit as of August 1, 2002. A vessel issued a 
valid open access NE multispecies Handgear permit is subject to the 
following restrictions:
    (1) The vessel may possess and land up to 200 lb (90.9 kg) of cod, 
haddock, and yellowtail flounder, combined, one Atlantic halibut, per 
trip, and unlimited amounts of the other NE multispecies, provided that 
the vessel does not use or possess on board gear other than rod and 
reel or handlines while in possession of, fishing for, or landing NE 
multispecies, and provided it has at least one standard tote on board.
* * * * *
    12. In Sec. 648.89, paragraphs (b)(1), (c), and (e)(1) are revised 
to read as follows: Sec. 648.89 Recreational and charter/party 
restrictions.
* * * * *
    (b) * * *
    (1) 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 (58.4 cm)
Haddock................................................     23 (58.4 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)
------------------------------------------------------------------------

* * * * *
    (c) Cod and haddock possession restrictions--(1) Private 
recreational vessels. (i) Each person on a private recreational vessel 
may possess per trip no more than 10 cod and/or haddock, combined, in, 
or harvested from the EEZ, unless further restricted under paragraph 
(c)(1)(ii) of this section.
    (ii) During the period December 1 through March 31, each person on 
a private recreational vessel fishing any part of a trip in the GOM 
Regulated Mesh Area as defined in Sec. 648.80(a)(1), may possess no 
more than 10 cod and/or haddock combined, no more than 5 of which may 
be cod, in, or harvested from the EEZ.
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at

[[Page 44166]]

the place of landing by dividing the number of fillets by two. If fish 
are filleted into a single (butterfly) fillet, 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 or operator of the vessel.
    (v) Cod and haddock must be stored so as to be readily available 
for inspection.
    (2) Charter/party vessels. Charter/party vessels fishing any part 
of a trip in the GOM Regulated Mesh Area as defined in 
Sec. 648.80(a)(1), are subject to the following possession limit 
restrictions:
    (i) During the period April 1 through November 30, each person on 
the vessel may possess no more than 10 cod and/or haddock combined.
    (ii) During the period December 1 through March 31, each person on 
the vessel may possess no more than 10 cod and/or haddock combined, no 
more than 5 of which may be cod.
    (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, such fillet 
shall be deemed to be from one whole fish.
    (iv) Cod and haddock harvested by charter/party vessels with more 
than one person aboard may be pooled in one or more containers. 
Compliance with the possession limits 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 limits on board a vessel carrying more 
than one person, the violation shall be deemed to have been committed 
by the owner or operator of the vessel.
    (v) Cod and haddock must be stored so as to be readily available 
for inspection.
    (3) Atlantic halibut. Charter and party vessels permitted under 
this part, and recreational fishing vessels fishing in the EEZ, may not 
possess, on board, more than one Atlantic halibut.
* * * * *
    (e) * * *
    (1) Gulf of Maine Closed Areas. A vessel fishing under charter/
party regulations may not fish in the Gulf of Maine closed areas 
specified in Sec. 648.81(g)(1) through (i)(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(g)(2)(iii) and 648.89(e)(3). The letter of authorization 
is required for a minimum of 3 months if the vessel intends to fish in 
the seasonal GOM closure areas, or required for the rest of the fishing 
year, beginning with the start of the participation period of the 
letter of authorization, if the vessel intends to fish in the year-
round GOM closure areas.
* * * * *
    13. In Sec. 648.91, paragraphs (c)(1)(i) and (ii) are revised to 
read as follows:


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

* * * * *
    (c) * * *
    (1) * * *
    (i) Trawl nets while on a monkfish DAS. Except as provided in 
paragraph (c)(1)(ii) 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(a)(3), 
(a)(4), (b)(2)(i), or (c)(2)(i) of the Northeast multispecies 
regulations, depending upon and consistent with the NE multispecies 
regulated mesh area being fished.
    (ii) 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 at Sec. 648.80(a)(3), (a)(4), (b)(2)(i), or (c)(2)(i), depending 
upon, and consistent with, the NE multispecies regulated mesh area 
being fished.
* * * * *
    14. In Sec. 648.92, paragraphs (b)(2) and (b)(8)(i) are revised to 
read as follows:


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

* * * * *
    (b) * * *
    (2) Category C and D limited access monkfish permit holders. Each 
monkfish DAS used by a limited access multispecies or scallop vessel 
holding a Category C or D limited access monkfish permit shall also be 
counted as a multispecies or scallop DAS, as applicable, except where, 
beginning August 1, 2002, a Category C or D vessel that has an 
allocation of multispecies DAS under Sec. 648.82(l) that is less than 
40 (the number of monkfish DAS) may fish under Category A or B 
provisions, as applicable, for the number of DAS that equal the 
difference between 40 and the number of allocated multispecies DAS. For 
such vessels, when the total allocation of multispecies DAS have been 
used, a monkfish DAS may be used without concurrent use of a 
multispecies DAS. (For example, if a monkfish Category D vessel's 
multispecies DAS allocation is 30, and the vessel fished 30 monkfish 
DAS, 30 multispecies DAS would also be used. However, after all 30 
multispecies DAS are used the vessel may utilize its remaining 10 
monkfish DAS to fish on monkfish, without a multispecies DAS being 
used, provided that the vessel fishes under the regulations pertaining 
to a Category B vessel and does not retain any regulated multispecies.)
* * * * *
    (8) * * *
    (i) 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. Nets may not be 
longer than 300 ft (91.4 m), or 50 fathoms, in length.
* * * * *
[FR Doc. 02-16266 Filed 6-26-02; 3:53 pm]
BILLING CODE 3510-22-P