[Federal Register Volume 68, Number 37 (Tuesday, February 25, 2003)]
[Proposed Rules]
[Pages 8731-8736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4332]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030210027-3027-01; I.D. 012103E]
RIN 0648-AQ35


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 37 to the Northeast 
Multispecies Fishery Management Plan

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS issues this proposed rule to implement measures contained 
in Framework Adjustment 37 (Framework 37) to the Northeast Multispecies 
Fishery Management Plan (FMP) to eliminate the Year-4 default measure 
for whiting in both stock areas; reinstate the Cultivator Shoal whiting 
fishery (CSWF) season through October 31; eliminate the 10-percent 
restriction on red hake incidental catch in the CSWF; adjust the 
incidental catch allowances in Small Mesh Areas 1 and 2 so that they 
are consistent with those in the Cape Cod Bay raised footrope trawl 
fishery; clarify the transfer-at-sea provisions for small-mesh 
multispecies for use as bait; and slightly modify the Cape Cod Bay 
raised footrope trawl fishery area.

DATES: Comments on this proposed rule must be received on or before 
March 27, 2003.

ADDRESSES: Copies of the Framework 37 document, its Regulatory Impact 
Review (RIR), the Initial Regulatory Flexibility Analysis (IRFA) and 
supplement to the IRFA prepared by NMFS , the Environmental Assessment, 
and other supporting documents for the framework adjustment are 
available from Paul J. Howard, Executive Director, New England Fishery 
Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. 
These documents are also available online at http://www.nefmc.org.
    This action is also based upon analyses conducted in support of 
Amendment 12 to the FMP. Copies of the Amendment 12 document, its RIR, 
IRFA and the July 1, 1999, supplement to the IRFA prepared by NMFS, the 
Final Supplemental Environmental Impact Statement (FSEIS), and other 
supporting documents for Amendment 12 are available from Paul J. 
Howard, Executive Director, New England Fishery Management Council, 50 
Water Street, Mill 2, Newburyport, MA 01950. The Final Regulatory 
Flexibility Analysis for Amendment 12 consisted of the IRFA, public 
comments and responses contained in the final rule implementing 
Amendment 12 (65 FR 16766, March 29, 2000), and the summary of impacts 
and alternatives in that final rule.
    Written comments on the proposed rule should be sent to Patricia A. 
Kurkul, Regional Administrator, NMFS, Northeast Regional Office, One 
Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on Framework 37.'' Comments may also be sent via facsimile 
(fax) to (978) 281-9135. Comments will not be accepted if submitted via 
e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy 
Analyst, 978-281-9272.

SUPPLEMENTARY INFORMATION: Amendment 12 was developed to address the 
overfished condition of red hake and the southern stock of whiting, to 
reduce fishing mortality on northern whiting, which was approaching an 
overfished condition, and to establish management measures for offshore 
hake. The final rule implementing Amendment 12, which was partially 
approved by NMFS on behalf of the Secretary of Commerce on September 1, 
1999, was published on March 29, 2000 (61 FR 16766), and became 
effective on April 28, 2000. The New England Fishery Management Council 
(Council) intended for the measures in Amendment 12 to achieve the 
target fishing mortality rates (F) for whiting within 4 years of 
implementation and to rebuild whiting and red hake stocks within 10 
years.
    Under Amendment 12, fishing with small mesh is regulated in the 
North Atlantic region through the establishment of three large 
``Regulated Mesh Areas.'' In the Gulf of Maine/Georges Bank (GOM/GB) 
Regulated Mesh Area, vessels may fish for whiting with nets that have 
less than the minimum mesh size of 6-inch (15.24-cm) diamond mesh or 
6.5-inch (16.51-cm) square mesh when participating in certain exempted 
fisheries. The GOM/GB exempted fisheries for whiting include: The Small 
Mesh Northern Shrimp Fishery, the CSWF, the Small Mesh Area 1/Small 
Mesh Area 2 Exemptions, and the Raised Footrope Trawl Whiting Fishery. 
The CSWF has a 3-inch (7.62-cm) minimum mesh size, and the Raised 
Footrope Trawl Whiting Fishery has a 2.5-inch (6.35-cm) minimum mesh 
size. In the Southern New England Regulated Mesh Area, vessels are 
exempt from the minimum mesh size requirement throughout the area when 
fishing for exempted species, which include whiting and offshore hake. 
Finally, in the Mid-Atlantic Regulated Mesh Area, vessels may fish for 
whiting and offshore hake with nets of mesh less than the minimum size 
when not fishing under a multispecies day-at-sea (DAS), provided that 
the vessel does not possess or land regulated multispecies.
    Amendment 12 includes three possession limits, depending upon the 
minimum mesh size used. Vessels may possess and land up to a combined 
total of 3,500 lb (1,588 kg) of whiting and offshore hake when fishing 
with mesh less than 2.5 inches (6.35 cm). Vessels may possess and land 
up to a combined total of 7,500 lb (3,402 kg) of whiting and offshore 
hake when fishing with mesh equal to or greater than 2.5 inches (6.35 
cm) and less than 3.0 inches (7.62

[[Page 8732]]

cm). Vessels may possess and land up to a combined total of 30,000 lb 
(13,608 kg) of whiting and offshore hake when fishing with mesh equal 
to or greater than 3.0 inches (7.62 cm). These possession limits were 
intended to provide an incentive for vessels to utilize the larger 3-
inch (7.62-cm) mesh when fishing for whiting to minimize the catch of 
small whiting. Because red hake is primarily an incidental species 
caught in whiting and other small-mesh fisheries, the measures to 
protect whiting are expected to simultaneously protect red hake. 
Offshore hake, a species similar to whiting, was included in the 
management measures to provide basic protection for the species and to 
ensure that misidentification of offshore hake is accounted for.
    Amendment 12 established the Whiting Monitoring Committee (WMC) to 
review the effectiveness of management measures and to recommend 
adjustments. Such reviews occur annually, beginning in 2001. The 
Council expected that the measures in Years 1, 2, and 3 would reduce 
exploitation by at least 50 percent of the required amount and that 
annual adjustments would indicate whether further management measures 
were needed. To ensure attainment of the FMP's mortality objectives, 
the default measures were developed for Year 4. The Council expected, 
and Amendment 12 specified, that the WMC would meet during the third 
year to determine whether the Year 4 default measures would be 
necessary. Furthermore, during the third year, and based upon the 
effectiveness of the first three years of management, the WMC was 
charged with considering and recommending, if appropriate, small-mesh 
multispecies measures for Year 4, other than the default measures, to 
achieve the F targets.
    The Year 4 default measures would prohibit vessels from using nets 
with mesh size less than 3 inches (7.62 cm) (square or diamond) in most 
fisheries operating within the three Regulated Mesh Areas in New 
England and Mid-Atlantic waters and impose a 10,000-lb (4,536-kg) 
combined possession limit in most fisheries on whiting and offshore 
hake. In addition, the existing possession limit for whiting and 
offshore hake in the Small Mesh Northern Shrimp Fishery would be 
reduced from an amount equal to the total weight of shrimp on board 
(not to exceed 3,500 lb (1,588 kg)) to 100 lb (45.3 kg). Under the 
regulations that implement Amendment 12, these measures would become 
effective May 1, 2003, unless superseded by revised measures.
    The analyses in Amendment 12 indicated that substantial negative 
economic and social impacts would be likely to result from implementing 
the Year-4 default measure. The default measure would be expected to 
generate large losses of not only small-mesh multispecies, but also 
other small mesh species, such as squid. Shinnecock, NY, would be 
projected to experience the largest reductions in landings of all 
species combined from the Year 4 default measure (39.4 percent), 
followed by Greenport, NY (36.7 percent), Point Judith, RI (32.8 
percent), Montauk, NY (25.9 percent), Gloucester, MA (16.4 percent), 
Portland, ME (14.8 percent), Provincetown, MA (11.5 percent), Cape May, 
NJ (9.7 percent), Point Pleasant, NJ (8.0 percent), and Belford, NJ 
(7.2 percent). Although Connecticut ports could not be analyzed due to 
data limitations, it is likely that the default measure would produce 
similar impacts in the ports of Stonington and New London.
    In September 2002, the WMC released the 2002 Stock Assessment and 
Fishery Evaluation (SAFE) Report for small-mesh multispecies, which 
represents the WMC's third year review and includes recommendations 
regarding the Year 4 default measure (see Appendix I to Framework 37). 
The WMC determined that the fishing mortality objectives of Amendment 
12 appear to have been achieved, based on the evaluation of relative 
exploitation indices as a proxy for fishing mortality.
    The northern stock of whiting (as well as the northern stock of red 
hake) is considered to be ``rebuilt,'' or above its target biomass 
level according to the Amendment 12 overfishing definition. The 
relative exploitation of northern whiting is far below the target value 
that the WMC set as a proxy for FMSY, so overfishing is not thought to 
be occurring (see Table 19, p.31 of the SAFE Report). The current 
relative exploitation index is only 11 percent of the WMC's FMSY proxy. 
With respect to management thresholds, targets, and biological 
objectives, exploitation of the northern stock of whiting could be 
increased. The WMC concluded, therefore, that the Year 4 default 
measure is not necessary to further reduce effort on the northern stock 
of whiting.
    The southern stock of whiting is not considered to be in an 
overfished condition, according to the Amendment 12 overfishing 
definition based on a 3-year moving average of the trawl survey index. 
The 3-year moving average of the trawl survey index increased from 0.63 
in 1998 to 1.27 in 2001. Currently, the stock is at 71 percent of its 
biomass target. The relative exploitation of southern whiting is below 
the target value that the WMC set as a proxy for a target fishing 
mortality rate (see Table 19, p.31 of the SAFE Report), so overfishing 
is not thought to be occurring on the southern stock. The current 
relative exploitation index is 47 percent of the WMC's target for this 
stock. While the information that the WMC evaluated suggests that 
exploitation could increase in the southern area, this stock has not 
yet rebuilt to its target level, so increases in exploitation are not 
recommended. Perceptions about the current biomass status of the 
southern stock hinge on a very high autumn 2001 survey value, which 
increased the 3-year moving average above the overfishing definition 
biomass threshold. It is too early to conclude whether the high survey 
value in autumn 2001 is a product of survey variability or a true 
indication of increasing biomass in the southern area. Several 
additional survey points will be necessary to make such a 
determination. Although the WMC does not support increasing whiting 
exploitation in the southern area, it agrees that the Year 4 default 
measure is not necessary to further reduce effort.
    Northeast multispecies regulations, including those for small-mesh 
multispecies, are such that Council action (through a framework 
adjustment or amendment) is required to prevent the Year 4 default 
measure from becoming effective on May 1, 2003, in both the northern 
and southern stock areas. In preparation for the third year review by 
the WMC and in anticipation of an action to address the default 
measure, the Council approved the following motion at its March 19-20, 
2002, meeting:
    That the Council initiate a framework adjustment process to develop 
a management strategy that responds to the Year 4 management measures 
contained in the whiting plan and allows for potential development of 
new whiting fishing areas.
    The WMC presented its findings and recommendations to the Council 
at the September 10-12, 2002, meeting, which was the first meeting for 
Framework 37. (The WMC's findings and recommendations can be found in 
their entirety in Appendix I to the Framework 37 document.)
    The purpose of this framework adjustment is to eliminate the Year 4 
default measure in both whiting stock areas and to implement FMP 
adjustments to allow for moderate increases in effort on small-mesh 
multispecies in the northern stock area. This adjustment is necessary 
because

[[Page 8733]]

current regulations specify that the Year 4 default measure will become 
effective in both stock areas on May 1, 2003, unless a Council action 
modifies or eliminates it.
    This proposed rule would also reinstate the CSWF season through 
October 31; eliminate the 10-percent restriction on red hake incidental 
catch in the CSWF; adjust the incidental catch allowances in Small Mesh 
Areas 1 and 2 so that they are consistent with those in the Cape Cod 
Bay raised footrope trawl fishery; clarify the transfer-at-sea 
provisions for small-mesh multispecies for use as bait; and slightly 
modify the Cape Cod Bay raised footrope trawl fishery area.
    Prior to Amendment 12, the season for the CSWF was June 15-October 
31. Amendment 12 shortened the season to September 30 as an effort 
reduction measure. This action would reinstate the month of October to 
the CSWF, which would provide increased economic opportunity for 
participating vessels. Further discussion occurs in the Classification 
section, below.
    Currently, participants in the CSWF are limited in terms of their 
red hake landings to 10 percent by weight of all other fish on board. 
According to the WMC, there is no biological reason to restrict the 
catch of red hake at this time. The current restriction on red hake 
landings may cause discards in the CSWF. Because of market limitations, 
it is unlikely that the proposed action would encourage directed 
fishing on red hake. This action also would simplify and improve the 
consistency of regulations for exempted fisheries in the northern stock 
area since no other exempted small mesh fishery in the northern area 
includes such a restriction on red hake landings.
    Three of the four exempted whiting fisheries in the northern area 
currently require the use of a raised footrope trawl to minimize 
bycatch of groundfish. However, the incidental catch allowances for 
these three fisheries are not consistent with each other. The 
incidental catch allowances for the Cape Cod Bay raised footrope trawl 
fishery were established to discourage vessels from rigging their gear 
improperly and allowing it to fish on the ocean bottom. As a result, 
bottom-dwelling species, such as lobster and monkfish, are prohibited 
in the Cape Cod Bay raised footrope trawl fishery. Because Small Mesh 
Areas 1 and 2 require the raised footrope trawl, the Council felt it 
appropriate to allow the same incidental catch species for Small Mesh 
Areas 1 and 2 and to provide the same incentives for fishing the 
required gear properly. Specifically, monkfish, lobster, ocean pout, 
and sculpin would no longer be allowed to be taken as incidental catch 
in Small Mesh Areas 1 and 2. The following species would be the only 
allowable incidentally caught species in these areas: Red hake, squid, 
butterfish, mackerel, dogfish, herring, and scup.
    Clarification of the transfer at sea provisions for small-mesh 
multispecies represents the status quo for vessels that are currently 
engaged in this activity. Vessels would be allowed to transfer 500 lb 
(226.8 kg) of whiting and unlimited amounts of red hake at sea for use 
as bait.
    The slight area modification to the Cape Cod Bay raised footrope 
trawl fishery would provide Provincetown fishermen with improved access 
to this fishery in times of inclement and unpredictable weather, 
thereby promoting the safety of the Provincetown vessels, which tend to 
be smaller and older than vessels from other ports. Specifically, the 
southern boundary of the area would move from the Loran 44100 line to 
the 42[deg] N. latitude line, creating a ``lee'' by opening a triangle-
shaped area totaling 5.5 square miles.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Council prepared an IRFA that describes the economic impact 
this proposed rule, if adopted, would have on small entities. In 
addition, NMFS, in consultation with the Council, prepared a supplement 
to the IRFA, which includes further information considered by the 
Council related to the decision on whether or not to propose a change 
to the CSWF possession limit. A description of the reasons why this 
action is being considered, and the objectives of and legal basis for 
this action are contained at the beginning of this section in the 
preamble and in the SUMMARY section of the preamble. There are no new 
recordkeeping or reporting requirements proposed in this rule. There 
are no relevant Federal rules that duplicate, overlap, or conflict with 
this rule. All vessels impacted by this rulemaking are considered to be 
small entities; therefore, there are no impacts resulting from the 
effects of disproportionality between large and small entities. A 
summary of the analysis follows:
    NMFS and the Council prepared an economic analysis for Amendment 
12, which indicated that implementation of the amendment, including the 
restrictive Year 4 default measures, would have a significant economic 
impact on a substantial number of small entities. Since costs of 
individual vessel operations were not available, gross revenues were 
used as a proxy for profitability The analysis indicated that 1,156 
participating small entities reported landings of one or more combined 
pounds of whiting, red hake, and offshore hake during the calendar 
years 1995 to 1997. The management measures proposed for Years 1-3 were 
estimated to ``substantially'' reduce gross revenues from all species 
for 81 vessels. If the default measures were to be implemented, 222 
vessels would be likely to experience a substantial reduction in annual 
gross revenues.
    Framework adjustment 37 proposes to eliminate the Year 4 default 
measures for small-mesh multispecies in both the northern and southern 
whiting stock areas, and to adjust measures to allow increased 
opportunities to fish for small-mesh multispecies in the northern area. 
A summary of the economic impacts of the measures to be substituted for 
the Year 4 default measures follow.

Impacts of Reinstating the CSWF Season

    Adjustments to measures in the CSWF increase economic opportunities 
for affected entities. An average of 16 vessels participated in the 
CSWF from 1995-2001; 25 vessels participated in the fishery during 
2001. Reinstating October to the CSWF season would have beneficial 
economic effects for vessels that had traditionally prosecuted the 
fishery during October and would increase economic opportunity for 
other vessels that are able to participate. Maintaining the current 
CSWF season (through September 30) would result in fewer opportunities 
to harvest whiting and lost economic opportunities for fishermen who 
otherwise would participate in the CSWF.

Impacts of Eliminating the Restriction on Red Hake Incidental Catch 
Allowance in the CSWF

    Landings data for red hake do not indicate that the current 
incidental catch allowance is a constraint to increased retention of 
red hake. Elimination of the red hake incidental catch allowance in the 
CSWF would permit vessels to increase trip profits on the occasions 
where the current incidental catch allowance would be exceeded. For 
this reason, removal of the incidental catch allowance would not be 
likely to result in any market effects but would permit vessels to 
increase trip income on the occasions where the current allowance would 
be exceeded.

[[Page 8734]]

Impacts of Modifying Incidental Catch Allowances for Small Mesh Areas 1 
and 2

    The proposed modifications to the incidental catch allowances in 
Small Mesh Areas 1 and 2 may have some negative economic impacts since 
monkfish and lobster would be prohibited (78 vessels fished in Small 
Mesh Areas 1 and 2 during 2000). For the period 1998-2001, the landed 
value of lobster and monkfish from these fisheries has averaged about 
$30,000 annually, based on an average of 1,800 trips per year. Given 
the low level of revenues from these species in Small Mesh Areas 1 and 
2, it is expected that this action will have only a minimal impact on 
vessel profitablity. It is unlikely that the proposed change in catch 
allowances would have any substantial impact on gross revenues from all 
sources of fishing income for vessels participating in this fishery. 
However, at a trip-level, there may be some occasions where revenues 
from monkfish or lobster could affect vessel profitability for a given 
trip. In these cases, eliminating the incidental catch allowance would 
have a negative economic impact, as the trip may be abandoned. This 
outcome is difficult to predict.

Impacts of Clarifying the Transfer at Sea Provisions for Small-Mesh 
Multispecies

    Clarification of the transfer at sea provisions for small-mesh 
multispecies would allow vessels to transfer 500 lb (226.8 kg) of 
whiting and unlimited amounts of red hake at sea for use as bait and 
would represent the status quo for vessels that are currently engaged 
in this activity. Minimal impacts would be expected.

Impacts of Area Modification to the Cape Cod Bay Raised Footrope Trawl 
Fishery

    The southern boundary of the Cape Cod Bay Raised Footrope Trawl 
Fishery area would move from the Loran 44100 line to the 42[deg] N. 
latitude line, creating a ``lee'' by opening a triangle-shaped area 
totaling 5.5 square miles. This slight area modification would likely 
produce small but positive economic impacts to vessels prosecuting this 
fishery.

Impacts of Retention of the 30,000 Possession Limit for the CSWF

    The Council concluded that the proposed retention of the status quo 
30,000-lb (13.6 mt) possession limit for the CSWF would have no 
economic impact to present participants in the fishery since gross 
revenues are not expected to change under this trip limit. The Council 
also considered but rejected four alternatives to the proposed 
possession limit including a default possession limit of 10,000 lb (4.5 
mt) and three higher possession limits, ranging from 50,000 to 90,000 
lb (22.7 to 40.8 mt). The Council determined that the 10,000 lb (4.5 
mt) default possession limit, which was previously analyzed in 
Amendment 12 to the FMP, would have substantially negative impacts 
resulting from an estimated 20,000 lb (9 mt) or 67 percent reduction in 
the possession limit. Some fishing vessel owners believe that retention 
of the current 30,000 lb (13.6 mt) possession limit would continue to 
serve as a disincentive for them to participate in the CSWF by 
restricting their potential profitability. However, the Council 
concluded that under higher possession limits, the majority of present 
participants in the fishery could suffer substantial decreases in gross 
revenues and resulting profitability due to disproportionate decreases 
in whiting prices when large amounts of product are introduced 
simultaneously into the market. This was the case prior to the 
introduction of the possession limit in 2000.

List of Subjects in 50 CFR Part 648

    Fishing, Fisheries, Reporting and recordkeeping requirements.

    Dated: February 14, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

    2. In Sec.  648.13, paragraph (b)(2) introductory text is revised 
to read as follows:


Sec.  648.13  Transfers at sea.

* * * * *
    (b) * * *
    (2) Vessels issued a Federal multispecies permit under Sec.  
648.4(a)(1) may transfer from one vessel to another, for use as bait, 
up to 500 lb (226.8 kg) of silver hake and unlimited amounts of red 
hake, per trip, provided:
* * * * *
Sec.  648.14 [Amended]
    3. In Sec.  648.14, paragraph (z)(2) is removed and reserved.

    4. In Sec.  648.80,
    a. Revise paragraphs (a)(5)(i), (a)(6)(i), (a)(8)(i) and 
(a)(8)(ii), (a)(9)(i) and (a)(9)(ii) introductory text, (a)(10)(i)(D), 
and (a)(15) introductory text and (a)(15)(i)(B). Paragraph 
(a)(15)(i)(C) is removed and reserved.
    b. Revise paragraph (b)(3)(i) to read as follows:


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

* * * * *
    (a) * * *
    (5) * * *
    (i) Restrictions on fishing for, possessing, or landing fish other 
than shrimp. 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.
* * * * *
    (6) * * *
    (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) 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; red hake; 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.

[[Page 8735]]

    (C) 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.
    (D) Fishing is confined to a season of June 15 through October 31, 
unless otherwise specified by notification in the Federal Register.
    (E) When a vessel is transiting through the GOM or GB Regulated 
Mesh Areas specified under paragraphs (a)(1) and (a)(2) of this 
section, any nets with a mesh size smaller than the minimum mesh 
specified in paragraphs (a)(3) or (a)(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).
    (F) 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.
* * * * *
    (8) * * *
    (i) Regulated multispecies. An exemption may be added in an 
existing fishery for which there are sufficient data or information to 
ascertain the amount of regulated species bycatch, if the Regional 
Administrator, after consultation with the NEFMC, determines that the 
percentage of regulated species caught as bycatch is, or can be reduced 
to, less than 5 percent, by weight, of total catch and that such 
exemption will not jeopardize fishing mortality objectives. In 
determining whether exempting a fishery may jeopardize meeting fishing 
mortality objectives, the Regional Administrator may take into 
consideration various factors including, but not limited to, juvenile 
mortality. A fishery can be defined, restricted, or allowed by area, 
gear, season, or other means determined to be appropriate to reduce 
bycatch of regulated species. An existing exemption may be deleted or 
modified if the Regional Administrator determines that the catch of 
regulated species is equal to or greater than 5 percent, by weight, of 
total catch, or that continuing the exemption may jeopardize meeting 
fishing mortality objectives. Notification of additions, deletions or 
modifications will be made through issuance of a rule in the Federal 
Register.
    (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.
* * * * *
    (9) * * *
    (i) Description. (A) Unless otherwise prohibited in Sec.  648.81, a 
vessel subject to the minimum mesh size restrictions specified in 
paragraphs (a)(3) or (a)(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 of 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. While lawfully 
fishing in these areas with mesh smaller than the minimum size, 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; scup; squid; and red hake.
    (B) Small-mesh areas 1 and 2 are defined by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting these areas are available from the Regional Administrator 
upon request (see Table 1 to Sec.  600.502 of this chapter)):

Small Mesh Area I

    Point N. Lat. W. Long.
    SM1 43[deg]03' 70[deg]27'
    SM2 42[deg]57' 70[deg]22'
    SM3 42[deg]47' 70[deg]32'
    SM4 42[deg]45' 70[deg]29'
    SM5 42[deg]43' 70[deg]32'
    SM6 42[deg]44' 70[deg]39'
    SM7 42[deg]49' 70[deg]43'
    SM8 42[deg]50' 70[deg]41'
    SM9 42[deg]53' 70[deg]43'
    SM10 42[deg]55' 70[deg]40'
    SM11 42[deg]59' 70[deg]32'
    SM1 43[deg]03' 70[deg]27'
Small Mesh Area II
    Point N. Lat. W. Long.
    SM13 43[deg]05.6' 69[deg]55'
    SM14 43[deg]10.1' 69[deg]43.3'
    SM15 42[deg]49.5' 69[deg]40'
    SM16 42[deg]41.5' 69[deg]40'
    SM17 42[deg]36.6' 69[deg]55'
    SM13 43[deg]05.6' 69[deg]55'
    (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 
(a)(9)(ii)(A) through (D) of this section and is towed so that it does 
not come into contact with the ocean bottom.
* * * * *
    (10) * * *
    (i) * * *
    (D) Incidental species provisions. The following species may be 
possessed and landed, 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.
* * * * *
    (15) Raised Footrope Trawl Exempted Whiting Fishery. Vessels 
subject to the minimum mesh size restrictions specified in paragraphs 
(a)(3) or (a)(4) of this section may fish with, use, or possess nets in 
the Raised Footrope Trawl Whiting Fishery area with a mesh sze smaller 
than the minimum size specified, if the vessel complies with the 
requirements specified in paragraph (a)(15)(i) of this section. This 
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 chart depicting 
the area are available from the Regional Administrator upon request) is 
defined by straight lines connecting the following points in the order 
stated:

RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA

(September 1 through November 20)

Point N. Lat. W. Long.

    RF1 42[deg]14.05' 70[deg]08.8'
    RF2 42[deg]09.2' 69[deg]47.8'
    RF3 41[deg]54.85' 69[deg]35.2'
    RF4 41[deg]41.5' 69[deg]32.85'
    RF5 41[deg]39' 69[deg]44.3'
    RF6 41[deg]45.6' 69[deg]51.8'
    RF7 41[deg]52.3' 69[deg]52.55'
    RF8 41[deg]55.5' 69[deg]53.45'

[[Page 8736]]

    RF9 42[deg]08.35' 70[deg]04.05'
    RF10 42[deg]04.75' 70[deg]16.95'
    RF11 42[deg]00' 70[deg]13.2'
    RF12 42[deg]00' 70[deg]24.1'
    RF13 42[deg]07.85' 70[deg]30.1'
    RF1 42[deg]14.05' 70[deg]08.8'

RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA

(November 21 through December 31)

Point N. Lat. W. Long.

    RF1 42[deg]14.05' 70[deg]08.8'
    RF2 42[deg]09.2' 69[deg]47.8'
    RF3 41[deg]54.85' 69[deg]35.2'
    RF4 41[deg]41.5' 69[deg]32.85'
    RF5 41[deg]39' 6[deg]44.3'
    RF6 41[deg]45.6' 69[deg]51.8'
    R7F 41[deg]52.3' 69[deg]52.55'
    RF8 41[deg]55.5' 69[deg]53.45'
    RF9 42[deg]08.35' 70[deg]04.05'
    RF1 42[deg]14.05' 70[deg]08.8'
    (i) * * *
    (B) All nets must be no smaller than a minimum mesh size of 2.5-
inch (6.35-cm) square or diamond mesh, subject to the restrictions as 
specified in paragraph (a)(14)(i)(D) of this section. An owner or 
operator of a vessel enrolled in the raised footrope whiting fishery 
may not fish for, possess on board, or land any species of fish other 
than whiting and offshore hake subject to the applicable possession 
limits as specified in Sec.  648.86, except for the following allowable 
incidental species: Red hake; butterfish; dogfish; herring; mackerel; 
scup; and squid.
    (b) * * *
    (3) Exemptions--(i) Species exemptions. 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).
* * * * *
[FR Doc. 03-4332 Filed 2-24-03; 8:45 am]
BILLING CODE 3510-22-S