[Federal Register Volume 67, Number 148 (Thursday, August 1, 2002)]
[Rules and Regulations]
[Pages 50292-50323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19425]



[[Page 50291]]

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Part III





Department of Commerce





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National Oceanic and Atmospheric Administration



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15 CFR Part 902

50 CFR Part 648



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

  Federal Register / Vol. 67, No. 148 / Thursday, August 1, 2002 / 
Rules and Regulations  

[[Page 50292]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 020409080-2174-05; 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: Interim final rule.

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SUMMARY: NOAA Fisheries is implementing additional interim measures 
intended to reduce overfishing on species managed under the Northeast 
Multispecies Fishery Management Plan (FMP), under the authority of 
section 305(c) of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). This interim final rule 
implements 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 
(groundfish) fishery. This interim final rule also continues 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 fishery into 
compliance with the Settlement Agreement and the Court's Remedial 
Order.

DATES: Effective August 1, 2002.

ADDRESSES: Written comments regarding the approved collection-of-
information requirements should be sent to Patricia A. Kurkul, Regional 
Administrator, National Marine Fisheries Service, One Blackburn Drive, 
Gloucester, MA 01930, and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, DC 20503 (Attn: 
NOAA Desk Officer).
    Copies of this interim final rule, including the Environmental 
Assessment/ Regulatory Impact Review/Final Regulatory Flexibility 
Analysis (EA/RIR/FRFA) are available upon request from the Regional 
Administrator. The EA/RIR/FRFA 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

    A proposed interim rule for this action, requesting public comment, 
was published on July 1, 2002 (67 FR 44139). A discussion of the events 
leading up to this interim final rule follows: 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 
NOAA Fisheries (Conservation Law Foundation, et al., v. Evans, Case No. 
00CVO1134, (D.D.C., December 28, 2001)). The lawsuit alleged that 
Framework Adjustment 33 to the FMP violated the overfishing, rebuilding 
and bycatch provisions of the Magnuson-Stevens Act (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 
preambles to the interim rules published by NOAA Fisheries on April 29, 
2002 (67 FR 21140), May 6, 2002 (67 FR 30331), and June 5, 2002 (67 FR 
38608), and in the proposed interim rule published July 1, 2002 (67 FR 
44139), 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 
NOAA Fisheries, 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, NOAA Fisheries, 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 NOAA Fisheries' 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 fishers or endangering the future 
of their communities and their way of life.'' Remedial Order, p.13. 
Further, the Court ordered that NOAA Fisheries 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 Agreement incorporated in the Remedial Order.'' To 
comply with the Court Order, NOAA Fisheries published a second interim 
final rule (``amended

[[Page 50293]]

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, NOAA Fisheries, 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. The Court further ordered that 
the Secretary shall make public the most current scientific information 
to enable completion of the FMP Amendment no later than December 1, 
2002, provide at least 5 percent observer coverage, and inform the 
Court of the steps taken to comply with the Order no later than 
September 5, 2002. The Order relating to observer coverage differs from 
the Settlement Agreement in that it requires a minimal level of 5 
percent at first and 10 percent by May 1, 2003, unless it can be 
established by scientific information that an increase is not 
necessary. NMFS intends to implement a program to provide at least 5 
percent observer coverage in the multispecies fishery for the period 
August 1, 2002-April 30, 2003, and thereafter, at a level of at least 5 
percent depending on statistical need.
    In response to the May 23, 2002, Court Order, on May 31, 2002, NOAA 
Fisheries 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. On July 1, 
2002, NOAA Fisheries published a proposed interim rule (67 FR 44139) 
for measures ordered by the Court to be effective August 1, 2002; 
public comments were accepted through July 16, 2002. This interim final 
rule implements 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 NOAA Fisheries and the New England Fishery Management Council 
(Council) and is intended to be implemented by August 22, 2003. This 
interim final rule is 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. Under the provisions of 
section 305(c)(3) of the Magnuson-Stevens Act, interim measures shall 
remain in effect for not more than 180 days after the date of 
publication, and may be extended by publication in the Federal Register 
for one additional period of not more than 180 days, provided that the 
public has had an opportunity to comment on the interim measures. 
Because of the Court's Remedial Order, it is very unlikely that NOAA 
Fisheries will not extend this action beyond the first 180-day period. 
NOAA Fisheries will confirm this extension by publishing notification 
of continuation of regulations in the Federal Register. If for any 
reason, these interim measures do not need to remain in effect until 
they are replaced by the final rule implementing Amendment 13 to the 
FMP, as currently required by the Remedial Order, NOAA Fisheries will 
publish, pursuant to appropriate rulemaking procedures, a rule to amend 
these measures or to restore the regulations governing the NE 
multispecies fishery to their form prior to the effectiveness of this 
interim final rule.

Management Measures

    All management measures for this fishery that were in effect prior 
to May 1, 2002, and not amended by this interim final rule, remain in 
effect as of August 1, 2002. These measures are not discussed 
specifically in the description that follows. This interim final rule 
will implement the following management measures beginning on August 1, 
2002, which are designed to reduce overfishing on all ``regulated 
species'' managed under the FMP.

New Regulated Mesh Areas

    This interim action redefines and divides 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 are also redefined by this interim 
final rule. The SNE RMA is redefined 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 is redefined as 
the area west of the SNE RMA. Specific management measures 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, remain in effect and are referred to as 
Exemption Areas.

DAS Freeze

    This measure establishes 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 will 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 will result in a net amount of DAS 
less than 10, the vessel will be allocated a used DAS baseline of 10 
DAS. If a vessel owner seeks a correction to the determination of a 
used DAS baseline, he may request such correction from the Regional 
Administrator by August 31, 2002. A vessel owner's request for a 
correction 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 mistaken 
or incorrect data. The decision to correct a baseline shall be 
determined solely on the basis of written information submitted, unless 
the Regional Administrator specifies otherwise. The Regional 
Administrator's decision on

[[Page 50294]]

the DAS baseline is the final decision of the Department of Commerce.

DAS Effort Reduction

    This measure reduces the vessel's baseline level of used DAS by 20 
percent. This measure is 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, will be deducted 
from that vessel's total allocated DAS. That is, each vessel's DAS 
allocation for August 1, 2002, through April 30, 2003, will 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 were 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 will 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, will 
be counted in terms of actual time spent at sea.
    Vessels for which the amount of NE multispecies DAS available for 
use as of August 1, 2002, is less than or equal to the DAS fished 
during the May through July 2002, period, the vessel is 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).
    For 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), and for which the NE multispecies DAS 
reduction will result in the vessel having more monkfish DAS allocated 
than NE multispecies DAS, such vessels can still fish under a monkfish 
DAS when NE multispecies DAS are no longer available, but will 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.
    Under this interim final rule, vessels will 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 will be in addition to the 
vessel's 2002 NE multispecies DAS allocation and will, 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.

Freeze on Issuance of New Handgear Permits

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

Prohibition on Front-loading the DAS Clock

    The term ``frontloading the DAS clock'' refers to the practice of 
vessel owners starting their DAS clock well in advance of the actual 
departure of the vessel. Front-loading was prohibited through July 31, 
2002, as a result of the interim rule published April 29, 2002. This 
interim final rule continues the prohibition for the duration of this 
action.
    Under this measure, a vessel owner or authorized representative 
will 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 
day at sea will begin once the call has been received and a 
confirmation number is given. This measure will apply in all management 
areas.

Closed Area Additions/Modifications

    This action continues, in its current configuration, the closure of 
the Western Gulf of Maine (WGOM) Area Closure. This action also expands 
Rolling Closure Area III by closing area blocks 124 and 125 for the 
month of May, 2003, and expands Rolling Closure Area IV by closing area 
blocks 132 and 133 for the month of June, 2003. This action further 
expands the Georges Bank (GB) 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, is closed for the duration of the interim final rule.
    Exemptions to the current GOM rolling closure areas will remain the 
same for the expanded rolling closures and the expanded GB Seasonal 
Closure Area that is implemented by this interim final rule. All of the 
exemptions that applied prior to August 1, 2002, still 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 opens 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 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 SNE RMA

    Under this interim final rule, when fishing any part of a NE 
multispecies DAS in the SNE RMA, otter trawl vessels are 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 applies only to the codend of the 
net, which is defined as described above under the GOM and GB trawl 
mesh restrictions.

Gillnet Vessels When Fishing in the GB RMA

    Under this interim final 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 are 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, are required to fish with nets with a 
minimum of 6.5-inch (16.5-cm) mesh and are restricted from fishing more 
than 50 nets, with two tags fixed to each net.

Gillnet Vessels When Fishing in the SNE RMA

    Under this interim final 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 are 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, are required to fish with nets with a 
minimum of 6.5-inch (16.5-cm) mesh and are restricted from fishing more

[[Page 50295]]

than 75 nets, with two tags fixed to each net.

Gillnet Vessels When Fishing in the MA RMA

    The minimum mesh size restrictions and number of nets required for 
gillnet vessels when fishing in the MA RMA under a NE multispecies DAS 
remains unchanged.

Gillnet Vessels When Fishing Under a Monkfish DAS

    Under this interim final 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 are 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 are required to affix 
one tag to each net. Category A and B monkfish vessels are unaffected 
by these interim final rule measures.

Large-Mesh Vessel Permit Categories

    Under this interim final rule, vessels that have a valid limited 
access NE multispecies Large Mesh Individual DAS category or a Large 
Mesh Fleet Das category permit are 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 are 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 MA RMA are 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.
    There will be a delay in the effectiveness for certain gillnet, 
trawl and large mesh categories as a result of the difficulty obtaining 
new net supplies. Because of the changes in gear requirements, 
fishermen will need additional time to purchase new supplies and 
construct nets which conform to the regulations specified in this 
interim final rule. In addition, the limited availability of larger 
nets will also make it more difficult for the large-mesh categories to 
come into compliance by August 1, 2002. The delayed effectiveness dates 
for the gear categories are specified in the regulatory text of this 
interim final rule.

Hook-Gear Vessels

    Under this interim final rule, vessels that have a valid NE 
multispecies limited access permit are prohibited from using de-hookers 
(crucifiers) with less than 6-inch (15.2-cm) spacing between the 
fairlead rollers. In addition, limited access Small-vessel permitted 
vessels and limited access permitted vessels that are fishing any part 
of a NE multispecies DAS trip in the GOM, GB or SNE RMAs are required 
to use 12/0 or larger circle hooks on longline gear and are subject to 
a maximum number of rigged hooks on board the vessel. Specifically, 
vessels fishing in the GOM or SNE RMAs are prohibited from possessing 
more than 2,000 rigged hooks, and vessels fishing in the GB RMA are 
prohibited 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.
* * * * *

                               Table 1.--Gear Restrictions by Regulated Mesh Areas
----------------------------------------------------------------------------------------------------------------
                                GOM                     GB                    SNE                  Mid-Atl
----------------------------------------------------------------------------------------------------------------
                                 Minimum Mesh Size Restrictions for Gillnet Gear
----------------------------------------------------------------------------------------------------------------
NE Multispecies Day    July-February only:    All nets               All nets               Roundfish nets
 Gillnet Category *    Roundfish nets 6.5"    6.5" (16.5 cm) mesh;   6.5" (16.5 cm) mesh;   5.5" (14.0 cm)
                        (16.5 cm) mesh;       50-net allowance;      75-net allowance;       diamond or 6.0"
                       50-net allowance;      2 tag/net              2 tags/net              (15.2 cm) square
                       2 tag/net                                                             mesh;
                       Year-round:                                                          80-net allowance;
                       Flatfish nets                                                        2 tags/net
                       7.0" (17.8 cm) mesh;                                                 Flatfish nets
                       100-net allowance;                                                   5.5" (14.0 cm)
                       1 tag/net                                                             diamond or 6.0"
                                                                                             (15.2 cm) square
                                                                                             mesh;
                                                                                            160-net allowance;
                                                                                            1 tag/net;
NE Multispecies Trip   All nets               All nets               All nets               All gillnet gear
 Gillnet Category *    6.5" (16.5 cm) mesh;   6.5" (16.5 cm) mesh;   6.5" (16.5 cm) mesh;   5.5" (14.0 cm)
                       150-net allowance;     50-net allowance;      75-net allowance;       diamond or 6.0"
                       1 tags/net             2 tags/net             2 tags/net              (15.2 cm) square
                                                                                             mesh;
                                                                                            No net limit; no tag
                                                                                             requirement.
----------------------------------------------------------------------------------------------------------------
Monkfish Vessels **
                                                  10" (25.4 cm) mesh/150-net allowance
                      ------------------------------------------------------------------------------------------
                                                                1 tag/net
----------------------------------------------------------------------------------------------------------------
                                  Minimum Mesh Size Restrictions for Trawl Gear
----------------------------------------------------------------------------------------------------------------
Codend only mesh size         6.5" (16.5 cm) diamond or square       7.0" (17.8 cm)         6.5" (16.5 cm)
 *                                                                    diamond or 6.5"        diamond or square.
                                                                      (16.5 cm) square
----------------------------------------------------------------------------------------------------------------

[[Page 50296]]

 
Large Mesh Category--                    8.5" (21.59 cm) diamond or square                  7.5" (19.0 cm)
 entire net                                                                                  diamond or 8.0"
                                                                                             (20.3 cm) square.
----------------------------------------------------------------------------------------------------------------
                        Minimum Number of Hooks and Size Restrictions for Hook-Gear * * *
----------------------------------------------------------------------------------------------------------------
Limited access         2,000 hooks            3,600 hooks            2,000 hooks            4,500 hooks (Hook-
 multispecies vessels                                                                        gear vessels only)
                      ------------------------------------------------------------------------------------------
                                 No less than 6" (15.2 cm) spacing allowed between the fairlead rollers
                      ------------------------------------------------------------------------------------------
                                   12/0 circle hooks required for longline gear             N/A
----------------------------------------------------------------------------------------------------------------
* When fishing under a NE multispecies DAS.
** Monkfish Category C and D vessels when fishing under a monkfish DAS.
*** When fishing under a NE multispecies DAS or when fishing under the Small-vessel permit.

Cod Minimum Fish Size (Commercial Vessels)

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

NE Multispecies Possession Restrictions

Yellowtail Flounder

    This interim final rule requires enrollment in one of two 
authorization programs for any possession of yellowtail flounder and 
implements 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 are 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 and MA RMAs north of 40 deg.00' N. lat. In 
addition, during the period June 1 through February 28, all vessels are 
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 and MA 
RMAs north of 40 deg.00' N. lat. Vessels fishing for yellowtail 
flounder in the SNE and MA RMAs north of 40 deg.00' N. lat. are allowed 
to possess and land up to the seasonal yellowtail flounder allowable 
limits, provided the vessel does not fish south of 40 deg.00' N. lat. 
and has on board a SNE/MA yellowtail flounder possession/landing 
authorization issued by the RA. Under this interim final rule, all 
vessels are 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 are not 
subject to the yellowtail flounder possession limit restrictions, 
provided that the vessel does not fish west of the GB RMA, and 
possesses on board a GOM/GB yellowtail flounder possession/landing 
authorization issued by the RA. Vessels exempt from the yellowtail 
flounder possession limit requirements may 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 interim final rule, the cod, haddock and yellowtail 
flounder possession limit for vessels that have been issued a valid 
open access Handgear permit is reduced to 200 lb (90.7 kg), combined, 
per trip. Such vessels are not required to obtain a yellowtail flounder 
possession/landing authorization in order to harvest yellowtail 
flounder, but may not harvest yellowtail flounder south of 40 deg.00' 
north latitude.

GB Cod Trip Limit Modification

    This action modifies how the DAS clock accrues for those vessels 
fishing in the GB RMA and harvesting GB cod, consistent with how the 
DAS clock accrues when fishing in the GOM RMA and harvesting GOM cod. 
That is, a vessel subject to this landing limit restriction 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 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.

GOM Cod

    This action increases 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 remains 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, is 23 inches (58.4 cm) total length.
    This action implements 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 is 
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 may be 
cod. This action further restricts 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 is allowed to possess no more than 10 cod or haddock combined, 
no more than 5 of which may be cod. Cod and haddock harvested by 
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.
    For a vessel that intends to charter/party fish in the GOM closed 
areas, this interim final rule requires that the vessel possess on 
board a letter of authorization (LOA) issued by the RA. This LOA is 
required for the entire

[[Page 50297]]

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 can 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 cod              Bag limit (combined)              GOM closure exemption
                                  & haddock                                                    authorization
                                     \1\
----------------------------------------------------------------------------------------------------------------
Charter/party not on a DAs.....          23  April-November: 10 cod/haddock \2\.........  A minimum of 3 months,
                                                                                           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 cod/haddock...  N/A
                                                                                          GOM RMA: 10 cod/
                                                                                           haddock, no more than
                                                                                           5 which can be cod,
                                                                                           Dec.-Mar N/A.
----------------------------------------------------------------------------------------------------------------
\1\ All other minimum fish sizes remain unchanged.
\2\ When fishing in the GOM RMA.

Observer Coverage

    NMFS has been ordered by the Court to expand its observer coverage 
in the NE multispecies fishery by providing a minimum of 5-percent 
coverage, or higher if statistically necessary 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 to 10% or that level necessary to 
provide statistically reliable data. NMFS intends to have a program in 
place in August to provide at least 5% observer coverage in the 
fishery.

Comments and Responses

    Twenty nine comments were received on this interim final rule. 
Because management measures contained in this interim final rule are 
being implemented as a result of a negotiated Settlement Agreement and 
a Court Order, NOAA Fisheries has limited discretion to substantively 
alter the measures that were published in the July 1, 2002, proposed 
interim rule. Therefore, the following responses reflect the relatively 
narrow scope of this rule and NMFS' limited discretion in making 
substantive changes.
    Comment 1: Several environmental organizations noted that the 
proposed interim rule did not specify 5% observer coverage and that the 
status of NMFS' compliance with the Court Order is unclear. They 
commented that the Environmental Assessment (EA) for the proposed 
interim rule fails to analyze the level of observers sufficient to 
monitor bycatch.
    Response: The proposed interim rule did not specify the level of 
observer coverage NMFS intends to deploy because it is not necessary to 
promulgate additional regulations in order to deploy additional 
observers in the multispecies fishery. NMFS is training and deploying 
new observers and NMFS reasonably expects to have a program in place to 
provide at least 5% observer coverage for the period August 1, 2002-
April 30, 2003 and, thereafter, at a level of 5% of higher if 
statistically necessary. Five percent observer coverage represents a 
substantial increase over the past level of coverage and will provide 
additional data necessary to determine more precisely the level of 
observer coverage necessary to provide statistically reliable data.
    Comment 2: The environmental organizations noted that the EA was 
inadequate because it failed to contain or adequately address the 
following elements: a rationale for management measures, a cumulative 
impact analysis, analysis of impact on fishing mortality, analysis of 
impact of bycatch minimization, and analysis of Days-at-Sea (DAS) 
measures.
    Response: The EA for the August 1 interim rule (June, 2002 EA) 
contains an adequate discussion of all of the elements noted by the 
commentor. All of the management measures are intended to reduce 
fishing mortality on groundfish stocks. It is not practicable or 
necessary, given the limited scope and context of this interim final 
rule, to comprehensively address requirements relating to habitat and 
bycatch, for example, particularly since Amendment 13 will address 
these issues in a more comprehensive way. The scope of economic 
analyses is a 12 month period because the duration of the interim 
action in expected to be approximately 12 months. The April 2002 EA 
that pertains to the measures in effect May through July 2002 includes 
an analysis of impacts due to changes to the DAS accounting system that 
was implemented for the May to July period. The April EA does not 
contain an analysis of the impacts due to the DAS freeze and adjustment 
measures because the May to July measures do not include these 
management measures.
    Comment 3: The environmental organizations stated that there is no 
guarantee that catch levels will not be exceeded (no hard TAC or Vessel 
Monitoring System (VMS)). One commentor suggested that the EA should 
have analyzed target and hard TACs for each alternative.
    Response: As recognized in the Court Order and Settlement 
Agreement, such a guarantee is not necessarily required for this 
interim rule given its short term duration and its limited goal of 
reducing, rather than eliminating, overfishing. The kinds of guarantees 
referred to by the environmental organizations are elements of the 
Amendment 13 alternatives under development by the New England Fishery 
Management Council.
    Comment 4: The environmental organizations stated that the the EA 
contains no analysis of how the proposed rules relate to statutory 
objectives, and that under the measures there would be no significant 
reduction in fishing mortality and DAS would increase.

[[Page 50298]]

    Response: The intent of this interim rule is to reduce overfishing 
while the Council and NOAA Fisheries develop long-term measures in 
Amendment 13 that will meet SFA requirements. As agreed to in the 
Settlement Agreement and endorsed by the Court, these types of measures 
are more appropriate for Amendment 13. Nevertheless, Section 7.0 of the 
June EA discusses the compliance of the interim rule to all applicable 
laws, including the Magnuson-Stevens Act. With respect to the impact of 
the measures, the number of DAS available for use for the 2002 fishing 
year is significantly less than the number allocated for the 2001 
fishing year, and this will eliminate the possibility of using the 
majority of the latent DAS current existing in the fishery. Moreover, 
the number of DAS available to each individual vessel that has recently 
fished in the fishery will be considerably fewer. The prohibition on 
frontloading will likely be a factor that contributes to a reduction in 
the number of total DAS used. The effect of the DAS reductions should 
be evaluated in the context of the management measures as a whole. For 
example, the EA estimates that the reduction in fishing mortality for 
GOM cod due to the combined effects of closed areas, DAS, and trip 
limits will be 15%. Other restrictions such as the increase in minimum 
mesh size, gear limitations, and open access category restrictions will 
further reduce landings of groundfish, although they are difficult to 
quantify.
    Comment 5: One industry member suggested a refinement to the 
requirement to use a minimum hook size of 12/0--specifically, that the 
restriction be clarified to apply to longline gear and not treble hooks 
that are fished in a different manner.
    Response: The final interim rule was revised to incorporate this 
clarification.
    Comment 6: Thirteen industry members (Charter/Party) stated that 
haddock should not be included with cod in the possession limit.
    Response: According to the March 19, 2002 Final Report of the 
Working Group on Re-Evaluation of Biological Reference Points for New 
England Groundfish, both the biomass of Gulf of Maine cod and haddock 
stocks are at levels lower than is required to produce maximum 
sustainable yield. A per trip possession limit, therefore, seems to be 
a necessary precautionary measure that sets a cap on the amount of 
haddock than can be harvested for this interim measure. Amendment 13 to 
the FMP will reassess the continuation of this measure.
    Comment 7: Sixteen industry members (charter/party) stated that the 
different charter/party possession limits being established for cod for 
the Gulf of Maine and Georges Bank were not appropriate. One commentor 
noted a concern about enforcing the two bag limits.
    Response: The two stocks of cod are not equivalent. According to 
the March 19, 2002 Final Report of the Working Group on Re-Evaluation 
of Biological Reference Points for New England Groundfish, the Gulf of 
Maine cod stock needs a greater reduction in fishing mortality (F) from 
the 2001 level of F than does the Georges Bank cod stock in order to 
achieve the level of F necessary to rebuild the stock. The numbers of 
Georges Bank cod harvested by charter/party vessels are only a small 
fraction of the numbers of Gulf of Maine cod harvested by charter/party 
vessels (MRFSS data; 1998-2001). The EA notes that changes in customer 
demand may occur, with the possibility that demand will increase for 
some business and decrease for others. NMFS agrees that the two bag 
limits may be more difficult to enforce, but feels that most fishers 
will abide by them. Amendment 13 to the FMP will reassess the 
continuation and enforceability of this measure.
    Comment 8: Twelve industry members (charter/party) stated that the 
cod possession limit was too restrictive, especially from December 
through March.
    Response: The party/charter cod possession limit is intended to 
reduce fishing mortality on the Gulf of Maine stock of cod. Data 
suggest that the majority of charter/party catch of cod occurs between 
November and April. Therefore, the measure focuses on the December to 
March time period. Section 5.2.5.2 of the EA describes the impacts of 
the charter/party measures and states ``* * * it is likely that the 
majority of economic impacts will be borne by the 20-25 operators whose 
primary business is in offering groundfish trips to their recreational 
fishing customers.''
    Comment 9: Four industry members (charter/party) commented that the 
haddock minimum size should be 19 inches.
    Response: According to March 19, 2002 Final Report of the Working 
Group on Re-Evaluation of Biological Reference Points for New England 
Groundfish, both the biomass of Gulf of Maine and Haddock stocks are at 
levels much lower than is required to produce maximum sustainable 
yield. An increased size limit is a precautionary measure that may 
enhance stock structure and contribute to increased recruitment.
    Comment 10: One industry member noted that the Environmental 
Assessment (EA) does not adequately discuss the impact on individual 
DAS category vessels and stated that if gross income were cut by 20% 
for a vessel there would be no profit, and that such a cut would reduce 
the income of the crew by greater than 20% due to fixed and trip costs. 
Two industry members based in Boston commented that the 20% cut in DAS 
would decrease their annual gross income by 20%, and stated that vessel 
owners with only a limited access multispecies permit are more impacted 
than those vessels holding other limited access permits in addition to 
a multispecies permit. A commenter noted that full-time groundfish 
vessels will not be able to make up for lost income by fishing in 
another fishery.
    Response: These comments are consistent with the conclusions of the 
economic analyses. The EA in fact states that ``As the economic impact 
analyses indicated, DAS changes would affect active fishers across the 
board, but would particularly impact, in terms of total DAS usage, 
those vessels that currently fish their maximum DAS, mostly large 
vessels, vessels in the Individual permit categories, and vessels with 
homeport states in Maine, Massachusetts, and New Hampshire.'' Data 
pertaining to the relative distribution of impacts of the DAS 
reductions are contained in Tables 5.17, 5.18, and 5.19. For vessels 
that have had a sustained record of groundfish fishing, the 20-percent 
DAS reduction is likely to represent a ``real'' reduction in effort. 
Vessels that rely to a large extent (or solely) on groundfish income 
will be impacted more than those vessels that rely on groundfish for 
only a portion of their total fishing income. The EA will be revised to 
clarify the potential impact on crew income.
    Comment 11: One commentor noted that the EA did not contain 
information on the effect of the minimum mesh size increase that is 
contained in the draft framework 36 document.
    Response: NMFS concurs, and is revising the final EA to include 
this information.
    Comment 12: A comment from several industry associations (The 
Groundfish Group, Associated Fisheries of Maine, and Trawlers Survival 
Fund) noted that the EA does not detail the impacts to vessels and 
provided a range of anticipated landings and revenue losses (26,000 to 
179,000 lbs; $27,000 to $199,000) per vessel. A commentor from the 
state of Maine note that the EA underestimates the overall impacts of 
the action and estimated the loss of revenue to the Maine groundfish 
vessels at $8.5 million.

[[Page 50299]]

    Response: The examples provided by the commentor are consistent 
with the analysis contained in Table 5.26 of the EA that indicate for 
vessels dependent upon groundfish for at least 75% of fishing income, 
some vessels may experience an annual reduction in gross revenue of at 
least 20%. NMFS is revising the final EA to include this information as 
an example of potential losses.
    Comment 13: The industry groups noted that the biological impacts 
analysis in the EA ignores the contribution of some vessels when 
determining the biological benefits of the 20% DAS reduction, and 
therefore concludes erroneously that there is no reduction in catch 
associated with the DAS freeze. The particular vessels under discussion 
are those vessels for which the DAS reduction is constraining.
    Response: NMFS agrees with the commentor that DAS reductions will 
result in a reduction of effort and landings for vessels that 
historically use most or all of their DAS. However, for the fishery as 
a whole, it is not possible to predict a reduction in catch due to the 
DAS freeze because of the total number of DAS that will be available. 
The EA states ``Compared to observed DAS use in FY 2001, this FY 2002 
DAS allocation would not necessarily constrain total fishing effort, 
even though it would be constraining for about half of all vessels that 
called in DAS in FY 2001.''
    Comment 14: The industry groups indicated that the break-even 
analysis in the EA was flawed. Specifically they noted the fixed costs 
are underestimated, that if a vessel is dependent upon groundfishing, 
the DAS are not sufficient to break even, and the difference in the 
number of break-even DAS across vessel sizes is not accurate. A 
commentor for the state of Maine noted that the break-even DAS analysis 
was too low.
    Response: NMFS agrees that the number of break-even DAS may not be 
representative because the fixed costs may be over or under estimated, 
but it is not possible to be more precise because of limited data. The 
EA notes the ``the cost estimates used for this analysis were based on 
relatively small sample sizes and the extent to which these data are 
representative of the population of groundfish vessels by size or gear 
is unknown.'' The cost data for trawlers is from 1996 and 1997 survey 
that have been adjusted for inflation in 2000 dollars. The EA explains 
that break-even DAS for larger trawl vessels are lower than for small 
trawlers primarily because of the relative difference in daily revenue 
potential is much greater than the relative difference in costs.''
    Comment 15: The industry groups noted that the analysis of the 
biological and economic impact of the mesh size requirements and 
limitations to the number of gillnets are inadequately characterized, 
and estimate anticipated losses at 15% of total year landings per 
vessel. One commentor noted that the limitation on the number of 
gillnets on Georges Bank to 50 would make fishing on Georges Bank 
unprofitable for the trip vessel category.
    Response: NMFS agrees that the increase in mesh size will likely 
cause a short run reduction in catch rates for cod and may also affect 
short-run and long run catch rates for other species. However, NMFS 
does not believe it is possible or appropriate to make precise 
predictions in the amount of reduction due to the limited selectivity 
data, the fact that selectivity differs across species, and the 
difficulty in making predictions for the fishery based on experimental 
data. NMFS agrees that the profitability of a fishing vessel on GB may 
be affected by the 50 net limit, depending primarily upon the number of 
nets fished in the past.
    Comment 16: The industry groups noted that there is no analysis of 
the impacts of the measures on safety in the EA, and stated that the 
DAS reduction will be an incentive to fish in the fall and winter in 
order to maximize the value of a DAS.
    Response: NMFS disagrees that there is no analysis of safety issues 
in the EA. Section 8.0 contains a discussion of whether the action 
would be expected to have a substantial adverse impact on public health 
or safety. The EA will be revised to include the commentor's point 
about a potential change in fishing patterns.
    Comment 17: A trawl vessel owner stated that the requirement to use 
7" diamond mesh in Southern New England was not appropriate, and that 
there are no data on the selectivity of this mesh size.
    Response: Although the EA does not present quantitative information 
on the impact of a 7.0" diamond mesh because such information is not 
available, the relationship between mesh size and catch of groundfish 
is explored. Even though it is difficult to predict the precise impacts 
of changing the minimum mesh size from the current 6-inch diamond mesh 
to 7.0-inch diamond, such a change should reduce the probability of 
selection for groundfish and result in the positive impacts on 
regulated groundfish that are listed in Section 5.1.6.6 of the EA.
    Comment 18: A trawl vessel owner stated that the application of the 
cod-end mesh requirement for the first 50 meshes (diamond mesh) or 100 
bars (square mesh) for vessels greater than 45 feet in length was a 
problem.
    Response: This application of cod-end mesh requirements is 
consistent with the way the cod-end has been defined in previous 
actions in the Northeast Multispecies Fishery Management Plan.
    Comment 19: One commentor noted that the proposed regulations are 
too complex to be addressed through an interim rule, but should instead 
be addressed through public hearings. Another commentor noted that some 
measures were not fair to those not represented and that the 
opportunity for public comment under the Magnuson-Stevens Act and 
Administrative Procedure Act was bypassed.
    Response: NMFS agrees that the normal process for developing 
fishery regulations as specified in the Magnuson-Stevens Act would 
enable better public participation in order to address complex issues. 
Given the short time available to implement these measures, however, it 
was not possible to provide for more than a 15 day public comment 
period. NMFS believes that, in light of the extensive publicity of this 
interim rule and the fact that the measures contained in the interim 
rule have been known for over two months, the public has had adequate 
opportunity to understand and comment on the interim rule.
    Comment 20: A trip gillnetter commented that the net limits in GOM 
and GB are too restrictive, that the gillnet sector will bear an unfair 
share of the conservation burden, and that gillnet effort will be 
redirected in the GOM. An industry coalition noted that the gear 
limitations on the gillnet fleet are unfair.
    Response: Several stocks of groundfish in the GOM and GB regulated 
mesh areas require significant mortality reductions, and the gillnet 
restrictions were part of the measures designed to reduce overfishing 
because such gear is extensively used in the areas where reductions are 
needed. NMFS agrees that a subset of the gillnet fishery will be 
affected by both types of gillnet restrictions (mesh size and maximum 
number of nets), and some effort may be redirected from GB to the GOM, 
but the impacts are unavoidable due to the areas where depleted stocks 
occur. The complexity of the FMP makes it difficult to precisely 
compare the impacts of all regulations across gear sectors. 
Notwithstanding this comment, the EA concludes that ``revenue losses 
would be greatest for trawl vessels

[[Page 50300]]

under the Preferred Alternative, with 50 percent of all trawlers losing 
at least 1 percent of annual gross income, and with 10 percent of these 
vessels losing more than 18 percent of annual gross revenue.'' 
Amendment 13 to the FMP will reassess the continuation of these 
measures.
    Comment 21: One commentor stated that NMFS does not articulate a 
rational basis for relying on section 305(c) of the Magnuson-Stevens 
Act as the authority for use of an interim rule.
    Response: Section 305(c)(1) clearly states the following: ``If the 
Secretary finds that an emergency or overfishing exists or that interim 
measures are needed to reduce overfishing for any fishery, he may 
promulgate emergency regulations or interim measures necessary to 
address the emergency or overfishing, without regard to whether a 
fishery management plan exists for such fishery.'' In this case, it is 
necessary to promulgate interim measures in order to reduce 
overfishing.
    Comment 22: One commenter noted that the EA fails to present 
environmental impacts in a useful form to the public because it does 
not discuss certain analyses in the context suggested by the commentor.
    Response: Whereas analysis of impacts can always be presented 
differently, as long as the public is able to understand them and draw 
their own conclusions, such analyses are sufficient for purposes of an 
EA. The June EA, as well as other recent documents provide the public 
adequate information in order to make comparisons, as evidenced by the 
table produced by the commentor.
    Comment 23: One commentor noted that the FONSI in the EA was not 
justified.
    Response: The Finding of No Significant Impact was based upon the 
nine criteria in the National Oceanic and Atmospheric Administration 
Administrative Order (NAO) 216-6. The significance of this action is 
analyzed in the context of the fact that it is the second step in a 
three-step process agreed to as a compromise in a lawsuit to bring the 
FMP into full compliance with the SFA, the Magnuson-Stevens Act and all 
other applicable law as quickly as possible. It is a short-term interim 
measure that should not result in a significant impact.
    Comment 24: One commentor stated that the biological objectives 
were not clearly defined.
    Response: The biological objective of reducing overfishing is 
clearly stated and is consistent with the concept of interim rules as 
defined in the Magnuson-Stevens Act. The goals are limited in scope and 
are temporary.
    Comment 25: One commentor noted that the inshore GOM measures are 
unjustified.
    Response: The inshore GOM is the area where several overfished 
stocks occur and a significant amount of the catch occurs. For example, 
because most of the catch of the Gulf of Maine stock of cod is from the 
inshore GOM area, many management measures necessarily must focus on 
that area. Amendment 13 to the FMP will reassess the continuation of 
these measures.
    Comment 26: Two commentors stated that the DAS reductions are 
unfair due to the method of calculating the baseline.
    Response: The criterion for establishing the baseline was chosen as 
a compromise with industry and state managers to lessen impact on 
vessels as much as possible. NMFS recognizes that for some few vessel 
owners the criterion may result in more severe impacts. These more 
severe impacts are unavoidable, however for such a broadly based 
measure. The conservation benefits of having a reduced overall cap on 
the amount of effort available for this fishery, on balance, justifies 
the freeze despite the more severe impacts on a few vessel owners. 
Since this freeze is short term only, these more severe impacts can be 
addressed in the development of Amendment 13.
    Comment 27: One commentor noted that the change in the boundary of 
the Southern New England Regulated Mesh Area (SNE RMA) will impact 
other fisheries.
    Response: Although the SNE RMA will impact the groundfish fishery, 
the impact will be minimal on other fisheries due to the fact that the 
previous definition of the SNE RMA will be retained for the purposed of 
exempted fisheries and redesignated the Southern New England Exemption 
Area.
    Comment 28: One commentor stated that the EA fails to consider the 
impacts on communities and fishery infrastructure.
    Response: Section 5.2.2.3.6 of the EA describes the economic impact 
of the measures on communities by port group. Section 5.2.6 describes 
the impact on industries in communities associated with the harvest 
sector.
    Comment 29: One commentor was concerned that the regulations favor 
the gillnet sector because the gillnet regulations are unenforceable.
    Response: NMFS agrees that the gillnet regulations may be complex 
and difficult to enforce, but believes that most fishers will abide by 
them. Amendment 13 to the FMP will reassess the continuation and 
enforceability of these measures.
    Comment 30: One commentor was concerned that the final interim rule 
would interpret the Court's Order with respect to the open access 
handgear category trip limit as 200 lb of regulated species per trip 
instead of 200 lb of cod, haddock, and yellowtail, and noted that this 
decreased trip limit was in contrast to the GOM cod trip limit increase 
for limited access vessels.
    Response: The open access trip limit is as written in the proposed 
interim rule (200 lb of cod, haddock, and yellowtail). A justification 
for the contrasting change in trip limits is the fact that the discards 
are a very serious problem in the limited access trawl fishery that 
represent a significant source of mortality for GOM cod. An increase in 
the GOM cod trip limit will improve this problem.

Changes to the Proposed Interim Rule

    The following changes are corrections or modifications to the 
proposed interim rule to clarify and better reflect the intent of the 
measures contained in the Settlement Agreement, as well as the FMP. 
These changes are listed below in the order that they appear in the 
regulations.
    In Sec. 648.4, paragraph (a)(1)(i)(I)(2) is revised to reflect the 
fact that if a vessel changes permit category (into or out of one of 
the large mesh categories), the associated DAS may have to be adjusted 
accordingly.
    In Sec. 648.14, paragraph (a)(125) is revised to reflect that the 
frontloading prohibition applies only to vessels fishing under a 
multispecies DAS and to vessels with a limited access monkfish Category 
C or D permit when fishing under a monkfish DAS and a multispecies DAS 
at the same time. The prohibition on frontloading does not apply to 
Category C and D vessels when fishing under the limited access monkfish 
Category A or B only in the event the vessel is allocated less than 40 
multispecies DAS for the fishing year, as allowed under 
Sec. 648.92(b)(2).
    In Sec. 648.14, paragraph (b)(1) is revised to reflect the 
prohibition specific to the possession limits and landing restrictions 
for yellowtail flounder.
    In Sec. 648.14, paragraph (b)(4) is revised to clarify that vessels 
may not fish for, land, or possess yellowtail flounder unless in 
compliance with the provisions of the trip landings and/or possession 
limits specified in Sec. 648.86(h).
    In Sec. 648.14, paragraph (b)(5) is removed and reserved since this

[[Page 50301]]

prohibition is repeated in paragraph (b)(4) of this section.
    In Sec. 648.14, paragraph (c)(8) is revised to reflect the 
restrictions on fishing and gear when fishing in the MA RMA, as 
specified in Secs. 648.80(c), and to clarify that, when fishing with 
hook-gear in the GOM, GB, and SNE RMAs, the limitations on number, 
size, and type of hooks and the prohibition on the use of dehookers are 
specific to all limited access multispecies vessels fishing under a 
multispecies DAS, and vessels fishing under the limited access Small 
vessel permit, when fishing with hook-gear.
    In Sec. 648.14, paragraph (c)(20) is removed and reserved as 
reflected in the amendatory language in the proposed interim rule.
    In Sec. 648.14, paragraph (c)(32) is removed and reserved since the 
reference in this paragraph is incorrect and the correct references are 
stated in paragraph (c)(13) of this section.
    In Sec. 648.80, paragraph (a)(2)(iii), is corrected by changing the 
GB Regulated Mesh Area W. long. coordinate point NL2 to read 
69 deg.40', rather than 69 deg.00'.
    In Sec. 648.80, paragraphs (a)(3)(iii), (a)(3)(iv)(B), (a)(4)(i), 
(a)(4)(iii), (a)(4)(iv), (b)(2)(i), (b)(2)(iii), (c)(2)(i), and 
(c)(2)(iii) are revised to delay implementation of the mesh size 
requirements for the trawl and gillnet mesh in GB, gillnet mesh in SNE, 
gillnet mesh in GOM, SNE trawl mesh, MA trawl mesh, and for the large 
mesh permit categories.
    In Sec. 648.80, paragraph (c)(2)(i), (ii), and (iii) are revised to 
implement the MA trawl mesh restriction that was omitted in the 
proposed interim rule.
    In Sec. 648.80, paragraphs (a)(3)(v), (a)(4)(v) and (b)(2)(v) are 
revised to clarify that the limitations on number, size, and type of 
hooks and the prohibition on the use of dehookers are specific to all 
limited access multispecies vessels fishing under a multispecies DAS, 
and vessels fishing under the limited access Small vessel permit, when 
fishing with hook-gear. A change was made to clarify to reflect that 
the size restriction applies to longline gear hooks only.
    In Sec. 648.80, paragraph (b)(9)(i)(B) is revised since it was 
mistakenly reserved in the proposed interim rule. This paragraph, which 
allows the retention of bonito as an allowable incidental species when 
fishing in the SNE Little Tunny Gillnet Exemption Area, has been 
reinstated and modified to remove the requirement for vessels to obtain 
an exempted fishing permit from the Highly Migratory Species (HMS) 
Division since bonito are no longer contained in the HMS management 
unit.
    In Sec. 648.80, paragraph (c)(2)(iv) is revised to clarify that the 
prohibition on the use of dehookers is specific to all limited access 
multispecies vessels fishing under a multispecies DAS, and vessels 
fishing under the limited access Small vessel permit, when fishing with 
hook-gear.
    In Sec. 648.81, paragraphs (c)(2)(iii)(B) and (g)(2)(iii)(B) are 
corrected to state that charter/party vessels, when fishing under the 
closed area exemptions in the GOM Rolling Closure Areas, the WGOM 
Closure Area, Cashes Ledge Closure Area, or Nantucket Lightship Closure 
Area, ``With the exception of tuna, fish harvested or possessed by the 
vessel are not sold or intended for trade, barter or sale, regardless 
of where the regulated species are caught'' rather than ``may not 
possess or sell fish.'' A review of the record for the development and 
implementation of the final rule promulgating Framework 33, which 
implemented this provision, including the framework document, meeting 
transcripts, and pertinent rules, indicate that the intent of the 
Council regarding the charter/party exemption in these closure areas 
was to prohibit the sale of species managed by New England and Mid-
Atlantic Fishery Management Councils, and not tuna.
    In Sec. 648.82, paragraph (k)(1)(ii)(B) is revised to clarify net 
tag requirements.
    In Sec. 648.82, paragraph (k)(2)(i) has been revised to state that 
multispecies vessels fishing under a NE multispecies DAS are not 
limited to the number of nets that can properly be stowed on board the 
vessel since, unlike Day gillnet vessels, Trip gillnet vessels are not 
restricted to a specific number of nets when fishing in the MA RMA.
    In Sec. 648.82, paragraph (k)(2)(ii) has been corrected to reflect 
that vessels must have written confirmation that the vessel is a Trip 
gillnet vessel, rather than a Day gillnet vessel.
    In Sec. 648.82, paragraph (l)(3)(i), is corrected by changing 
Sec. 648.80(l) to read Sec. 648.82(l).
    In Sec. 648.82, paragraphs (l)(3)(i) and (ii) are revised to 
clarify that DAS baselines may be ``corrected'' (as opposed to 
``appealed'').
    In Sec. 648.86, paragraphs (h)(1), (h)(1)(ii), (h)(2), and 
(h)(2)(ii) are revised to reflect that the yellowtail flounder 
possession and landing limit restrictions north of the 40 deg.00' N. 
lat. and west of the GB RMA are specific to both the SNE and MA RMAs, 
rather than just the SNE RMA, and/or to clarify that this restriction 
pertains to vessels fishing under both a multispecies DAS and a 
monkfish DAS, if, when fishing under a monkfish DAS, the vessel is 
fishing under the limited access monkfish Category C or D permit 
provisions. Paragraphs (h)(1) and (2) have also been revised to reflect 
that more restrictive yellowtail flounder trip limits apply when 
fishing with a NE limited access Small Vessel permit category, as 
specified under Sec. 648.82(b)(3), and when fishing with an open access 
NE multispecies permit, as specified under Sec. 648.88. Further 
explanation is provided that a vessel owner is required to contact a 
designee of the Regional Administrator in order to obtain a yellowtail 
exemption letter.
    In Sec. 648.86, paragraph (h)(3) is revised to reflect that the 
prohibition on possessing yellowtail flounder is specific to areas 
south of 40 deg.00' N. lat. within the SNE and MA RMAs, or when not in 
possession of a valid yellowtail flounder exemption letter issued by 
the RA.
    In Sec. 648.88, paragraph (c) has been revised to reflect that 
vessels fishing with an open access Scallop multispecies possession 
limit permit may be further restricted by the yellowtail flounder trip 
limit restrictions specified in Sec. 648.86(h).
    In Sec. 648.92, paragraph (b)(2) is revised to reflect that limited 
access monkfish Category C and D vessels may fish under the monkfish 
Category A or B provisions when its allocation of multispecies DAS is 
less than 40 for the entire fishing year of May 1 through April 30.
    In Sec. 648.92, paragraph (b)(8)(i) is revised to reflect that the 
150 gillnet limitation stated in the proposed interim rule is specific 
to vessels issued a monkfish limited access Category C or D permit only 
and that vessels issued a limited access Category A or B permit may 
continue to fish with up to 160 gillnets.
    NOAA codifies its OMB control numbers for information collection 15 
CFR part 902. Part 902 collects and displays the control numbers 
assigned to information collection requirements of NOAA by OMB pursuant 
to the Paperwork Reduction Act (PRA). This final rule codifies OMB 
control number for 0648-0457 for Secs. 648.82 and 648.86. Under NOAA 
Administrative Order 205-11, dated December 17, 1990, the Under 
Secretary for Oceans and Atmosphere, NOAA, has delegated to the 
Assistant Administrator for Fisheries, NOAA, the authority to sign 
material for publication in the Federal Register.

Classification

    Because this rule must be made effective by August 1, 2002, 
pursuant to Court Order, and because of the need to maintain management 
measures to provide protection from overfishing to

[[Page 50302]]

the groundfish stocks, there is good cause under the Administrative 
Procedure Act pursuant to 5 U.S.C. 553(d)(1) to waive the 30-day delay 
in effective date for this rule.
    This interim final rule has been determined to be significant for 
purposes of Executive Order 12866.

Final Regulatory Flexibility Analysis

    The proposed interim rule to implement the Court Order/Settlement 
Agreement was published in the Federal Register on July 1, 2002. A copy 
of the Initial Regulatory Flexibility Analysis (IRFA) is available from 
the Regional Administrator (see ADDRESSES). In addition to the 
discussion below, the Final Regulatory Flexibility Analysis (FRFA) 
incorporates the IRFA and its findings, the finding from the EA, and 
the public comments and responses. Because all entities affected by 
this interim final rule are small entities, all of the comments and 
responses are considered to pertain to small entities. In the Comments 
and Responses portion of this interim final rule, comment numbers 
7,8,10,12,14, and 15 summarize the nine comments submitted that 
primarily address the possible economic affects of the action (where 
different commentors address the same issue the issue is not repeated). 
No changes to the proposed regulations are necessary as a result of 
these comments as they reflect an unavoidable consequence of the rule. 
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 FRFA.
    The FRFA considered three alternatives: The Preferred Alternative, 
the No Action Alternative, and a Hard TAC Alternative. This interim 
final rule implements the Preferred 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.
    This final action (preferred alternative in FRFA) 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 implemented measures could 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 could 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 could experience at 
least a 16-percent loss in gross annual fishing revenues. In contrast, 
fishing revenues could 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 could be most affected. Vessels positively affected would 
be gillnet or hook vessels, due to the 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 
implemented 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 this 
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. Although NMFS requested comments on this issue during the comment 
period, none were received. 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, 
may be an overestimation, due to limitations in the data. Further 
explanation of the break-even analysis is contained in section 5.2.3.3 
of the Environmental Assessment.
    The reduction in the trip limit for the open access hand gear 
permit category could 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 could 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 could result from these changes in 
mesh size requirements.

[[Page 50303]]



                       Table 3.--Economic Impact of Mesh Size Increase--(Gear Replacement)
----------------------------------------------------------------------------------------------------------------
                                                                                                  Average vessel
                           Gear                                   No. of vessels analyzed              cost
----------------------------------------------------------------------------------------------------------------
Trawl (replace codend)...................................  424 (GOM or GB) 211 SNE..............          $1,250
Day Gillnet in GOM (tie-down nets).......................  18...................................           7,794
Day Gillnet in GOM (stand-up nets).......................  31...................................           9,300
Trip Gillnet in GOM......................................  25...................................          18,352
Gillnets in GB or SNA....................................  32...................................           8,800
----------------------------------------------------------------------------------------------------------------

    The implemented 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 are alternative sets of management measures to those 
implemented by this interim final rule that would accomplish the 
objectives, this interim final rule represents the measures agreed to 
in the Settlement Agreement that was negotiated by numerous interested 
parties and ordered by the Court.
    Relative to the Preferred Alternative that is implemented, the No 
Action Alternative would have mitigated most of the adverse economic 
impacts associated with the Preferred Alternative. In general, gross 
fishing incomes would have increased, 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 have resulted in unacceptably high increases in 
fishing mortality rates that could have compromised the rebuilding of 
several GOM stocks, GOM cod in particular. For this reason, the No 
Action alternative would not have met the regulatory objectives of this 
action.
    Relative to the Preferred Alternative, the Hard TAC Alternative 
would have more significantly impacted 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 have been very severe, if not irreparable. 
Option 1 would have severely impacted (essentially done away with) the 
NE multispecies fishery on GB and southern New England in the near 
term, and would have largely prohibited the monkfish, sea scallop, and 
spiny dogfish fisheries from operating in that area, as well. Option 2 
would have prohibited hook and groundfish gillnet gear from GB and 
allow some low level of trawl fishing, but with a bycatch trigger for 
GB cod that would have likely closed the fishery at sometime during the 
fishing year. Many small entities might have either gone out of 
business or had to relocate. To the extent that participants in the 
industry could do so, many would have been expected to shift effort 
into other fisheries for which they had permits or could acquire 
permits for, or that are open access, and/or would have shifted fishing 
effort northward, to the GOM, or to south of GB. Fisheries that did not 
use gear capable of catching groundfish, such as purse seines, traps, 
and mid-water trawls, would have been unaffected by the restrictions, 
but could have experienced increases in effort displaced from the 
groundfish, monkfish, scallop, and other fisheries that would have been 
restricted under Option 1. The primary impact on the recreational 
fishery would have been the prohibition on retention of GB cod. In any 
event, neither the No Action Alternative nor the Hard TAC Alternative 
could have been implemented because they were not agreed to in the 
Settlement Agreement endorsed by the Court.
    An informal consultation under section 7 of the Endangered Species 
Act was conducted for this interim final rule under the FMP on June 14, 
2002. As a result of the informal consultation, the RA determined that 
fishing activities conducted under this interim final rule are not 
likely to adversely affect endangered or threatened species or critical 
habitat. The RA has determined that fishing activities conducted under 
this interim final rule will have no adverse impact on marine mammals.
    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 final 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.
    This interim final 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; 
3 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 
subject to PRA. The collection of this information has been approved by 
OMB, OMB control number 0648-0457. A response time of 2 minutes has 
been estimated for requests for entry into one of two exemption 
programs for vessel owners choosing to fish for yellowtail flounder in 
the SNE/MA, 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 burden, to NMFS and OMB (see ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to

[[Page 50304]]

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.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 29, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National; 
Marine Fisheries Service.

    For the reasons stated in the preamble, 15 CFR part 902, chapter 
IX, and 50 CFR part 648, chapter VI are 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.
---------------------------------------------------------------------------

15 CFR Chapter IX

PART 902-NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 350 et seq.


    2. In Sec. 902.1, the table in paragraph (b) under 50 CFR is 
amended by revising the entries for 648.82 and 648.86 to read as 
follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
   CFR part or section where the
 information collection number is      Current OMB control number (all
              located                     numbers begin with 0648-)
------------------------------------------------------------------------
 
                  *        *        *        *        *
50 CFR:
 
                  *        *        *        *        *
  648.82..........................  -0202 and -0457
 
                  *        *        *        *        *
  648.86..........................  -0202, -0391, and -0457
 
                  *        *        *        *        *
------------------------------------------------------------------------

50 CFR Chapter VI

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. Changes in permit category may 
require adjustments in DAS allocation. 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

[[Page 50305]]

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.
* * * * *
    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)(1), (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 (4), (c)(32) and (c)(33) 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 but not fishing under the 
limited access monkfish Category A or B provisions as allowed under 
Sec. 648.92(b)(2), 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) * * *
    (1) Land, or possess on board a vessel, more than the possession or 
landing limits specified in Sec. 648.86(a), (b), (c), (d), (e), and (h) 
or to violate any of the other provisions of Sec. 648.86, unless 
otherwise specified in Sec. 648.17.
    (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) Fish for, land, or possess yellowtail flounder unless in 
compliance with the provisions of the trip landings and/or maximum

[[Page 50306]]

possession limits specified in Sec. 648.86(h).
    (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), (b)(2)(v), and (c)(2)(iv) 
if the vessel has been issued a limited access multispecies permit and 
fishes with hook-gear in areas specified under Sec. 648.80(a), (b), and 
(c).
* * * * *
    (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).
* * * * *
    (20) [Reserved]
* * * * *
    (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).
* * * * *
    (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) 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).
    (33) 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), (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'          67 deg.20' \2\
------------------------------------------------------------------------
\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'          67 deg.20' \1\
G6...............................  42 deg.20'          67 deg.20'
G7...............................  42 deg.20'          69 deg.30'
G8...............................  42 deg.00'          69 deg.30'
G9...............................  42 deg.00'          (\2\)
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.
\2\ The intersection of the Cape Cod, MA, coastline and 42 deg.00' N.
  lat.

    (2) GB Regulated Mesh Area. The GB Regulated Mesh Area (copies of a 
map depicting the area are available from the Regional Administrator 
upon request) is that area:
    (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; 
and
    (ii) Bounded on the east by straight lines connecting the following 
points in the order stated:

------------------------------------------------------------------------
                                                            Approximate
             Point                N. Lat.      W. Long.      loran  C
                                                             bearings
------------------------------------------------------------------------
CII3..........................  42 deg.22'   67 deg.20'   (\1\)
SNE1..........................  40 deg.24'   65 deg.43'   (\2\)
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.
\2\ 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.40'
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

[[Page 50307]]

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 and that are 
fishing exclusively in state waters.
    (iii) Large-mesh vessels. As of September 1, 2002, 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 permit and fishing under a NE multispecies 
DAS, and vessels fishing with a valid NE multispecies limited access 
Small-vessel permit, in the GOM Regulated Mesh Area, and persons on 
such vessels, are prohibited from fishing, setting, or hauling back, 
per day, or possessing on board the vessel, more than 2,000 rigged 
hooks. All longline gear 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. Vessels 
fishing with a valid NE multispecies limited access Hook-gear permit 
and fishing under a 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.
    (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 as of August 15, 2002, 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

[[Page 50308]]

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 and that are fishing exclusively in 
state waters.
    (iii) Large-mesh vessels. As of September 1, 2002, 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. As of August 15, 2002, 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 permit and fishing under a NE multispecies 
DAS, and vessels fishing with a valid NE multispecies limited access 
Small-vessel permit, 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 longline gear 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. Vessels 
fishing with a valid NE multispecies limited access Hook-gear permit 
and fishing under a 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.
    (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

[[Page 50309]]

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'
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

[[Page 50310]]

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 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)):

------------------------------------------------------------------------
              Point                      N. Lat.            W. Long.
------------------------------------------------------------------------
                            Small Mesh Area I
------------------------------------------------------------------------
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
------------------------------------------------------------------------
SM13.............................  43 deg.05.6'        69 deg.55.0'
SM14.............................  43 deg.10.1'        69 deg.43.3'

[[Page 50311]]

 
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 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 
Secs. 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

[[Page 50312]]

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 Area 
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 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

[[Page 50313]]

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 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 as of August 15, 2002, 6.5-inch (16.5-cm) square mesh or, 
as of September 1, 2002, 7-inch (17.8-cm) diamond 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. As of September 1, 2002, 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. As of August 15, 2002, 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 permit and fishing under a NE multispecies 
DAS, and vessels

[[Page 50314]]

fishing with a valid NE multispecies limited access Small-vessel 
permit, in the SNE Regulated Mesh Area, and persons on such vessels, 
are prohibited from fishing, setting, or hauling back, per day, or 
possessing on board the vessel, more than 2,000 rigged hooks. All 
longline gear 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. 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.
    (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 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.

[[Page 50315]]

    (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 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) A vessel may possess bonito as an allowable incidental species.
    (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.............................  ..................  \1\ 70 deg.00'
------------------------------------------------------------------------
\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) Gear restrictions--(i) Vessels using trawls. Except as provided 
in paragraphs (c)(2)(iii), the minimum mesh size for any trawl net, 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 MA Regulated Mesh Area shall be 
that specified by Sec. 648.104(a), applied throughout the body and 
extension of the net, or any combination thereof, and as of August 15, 
2002, 6.5-inch (16.5-cm) diamond or 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 paragraph (c)(2)(iii) of this section, the 
minimum mesh size for any sink gillnet, 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 MA 
Regulated Mesh Area shall be that specified by Sec. 648.104(a). 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. As of September 1, 2002, 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

[[Page 50316]]

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 permit and fishing under a NE multispecies 
DAS, and vessels fishing with a valid NE multispecies limited access 
Small-vessel permit, when fishing in the Mid-Atlantic Regulated Mesh 
Area, are prohibited from using de-hookers (``crucifiers'') with less 
than 6-inch (15.2-cm) spacing between the fairlead rollers. 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.
* * * * *
    (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 possess and retain skate as incidental take in this 
fishery.
* * * * *

    7. In Sec. 648.81, paragraphs (c)(2)(iii)(B), (d), (g)(1), 
(g)(2)(iii) through (v), (h), (i) and (n) are revised to read as 
follows:


Sec. 648.81  Closed areas.

* * * * *
    (c) * * *
    (2) * * *
    (iii) * * *
    (B) With the exception of tuna, fish harvested or possessed by the 
vessel are not sold or intended for trade, barter or sale, regardless 
of where the regulated species are caught; and
* * * * *
    (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\ 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.30'........  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

[[Page 50317]]

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) With the exception of tuna, fish harvested or possessed by the 
vessel are not sold or intended for trade, barter or sale, regardless 
of where the regulated species 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:

                      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).

[[Page 50318]]


    8. In Sec. 648.82, paragraph (b); introductory 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 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.

[[Page 50319]]

    (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 
gillnets 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 
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.
    (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.
* * * * *
    (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 nets in excess of the number specified in 
paragraph (k)(2)(i)(A) through (C). 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 Trip 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.

[[Page 50320]]

    (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.
    (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 
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) Correction of used DAS baseline. (i) A vessel's used DAS 
baseline as determined under paragraph (l)(1) of this section, may be 
corrected, if a mistake has been made, by submitting a written request 
to correct the DAS baseline. The request to correct must be received by 
the Regional Administrator no later than August 31, 2002. The request 
to correct 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 whether to correct the DAS baseline 
shall be determined solely on the basis of written information 
submitted, unless the Regional Administrator specifies otherwise. The 
Regional Administrator's decision on whether to correct the DAS 
baseline is the final decision of the Department of Commerce.
    (ii) Status of vessel's pending request for a correction of used 
DAS baseline. While a vessel's request for a correction is under 
consideration, the vessel is limited to fishing with the number of DAS 
in accordance with Sec. 648.82(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)
------------------------------------------------------------------------

* * * * *

[[Page 50321]]


    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 out 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 (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, unless otherwise restricted as specified in 
Sec. 648.82(b)(3) and Sec. 648.88(a) and (c), 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 Areas, provided the vessel 
complies with the following requirements in order to fish for, possess, 
or land yellowtail flounder:
    (i) The vessel possesses on board a yellowtail flounder possession/
landing authorization letter issued by the Regional Administrator (RA). 
The vessel owner is required to contact a designee of the RA to obtain 
this exemption letter.
    (ii) The vessel does not fish in the SNE or MA Regulated Mesh Area, 
for a minimum of 30 consecutive days (when fishing under the NE 
multispecies DAS program, or under the monkfish DAS program if the 
vessel is fishing under the limited access monkfish Category C or D 
permit provisions). Vessels subject to these restrictions may transit 
the SNE and MA Regulated Mesh Areas 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 and Mid-Atlantic Regulated Mesh Areas. 
Beginning August 1, 2002, except when fishing under the recreational 
and charter/party restrictions specified under Sec. 648.89, unless 
further restricted as specified in Sec. 648.82(b)(3) and Sec. 648.88(a) 
and (c), a vessel issued a NE multispecies permit and fishing any 
portion of a trip under a NE multispecies DAS, or under a monkfish DAS 
when fishing under the limited access monkfish Category C or D permit 
provisions, north of 40 deg.00' N. lat. in the SNE or MA Regulated Mesh 
Areas is subject to the following requirements

[[Page 50322]]

and trip limits in order to fish for, possess, or land yellowtail 
flounder:
    (i) The vessel possesses on board a yellowtail flounder possession/
landing authorization letter issued by the Regional Administrator (RA). 
The vessel owner is required to contact a designee of the RA to obtain 
this exemption letter.
    (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, or under the monkfish DAS program if the vessel is fishing 
under the limited access monkfish Category C or D permit provisions). 
Vessels subject to these restrictions may transit the GOM and GB 
Regulated Mesh Areas and 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. 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 may not harvest, posses or land 
yellowtail flounder in or from the area south of 40 deg.00' N. lat.

    11. In Sec. 648.88, the introductory text for paragraph (a), and 
paragraphs (a)(1) and (c) 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) Unless otherwise restricted under Sec. 648.86(h), 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.
* * * * *
    (c) Scallop multispecies possession limit permit. A vessel that has 
been issued a valid open access scallop multispecies possession limit 
permit may possess and land up to 300 lb (136.1 kg) of regulated 
species when fishing under a scallop DAS allocated under Sec. 648.53, 
provided the vessel does not fish for, possess, or land haddock from 
January 1 through June 30, as specified under Sec. 648.86(a)(2)(i), and 
provided that the amount of yellowtail flounder on board the vessel 
does not exceed the trip limitations specified in Sec. 648.86(h) and 
provided the vessel 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 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.
* * * * *

[[Page 50323]]

    (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 when, 
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) for the fishing year May 1 through 
April 30, 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) Category A and B vessels. A vessel 
issued a monkfish limited access Category A or B permit and fishing 
under a monkfish DAS may not fish with, haul, possess, or deploy more 
than 160 gillnets. Nets may not be longer than 300 ft (91.44 m), or 50 
fathoms, in length.
    (B) Category C and D vessels. A vessel issued a monkfish limited 
access Category C or D permit and 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, and 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. 02-19425 Filed 7-29-02; 2:30 pm]
BILLING CODE 3510-22-P