[Federal Register Volume 68, Number 81 (Monday, April 28, 2003)]
[Rules and Regulations]
[Pages 22333-22338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10410]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 030210027-3097-02; I.D. 012103E]
RIN 0648- AQ35

50 CFR Part 648


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: Final rule.

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SUMMARY: NMFS issues this final rule to implement measures contained in 
Framework Adjustment 37 (Framework 37) to the Northeast (NE) 
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 each 
year; 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; modify slightly the Cape 
Cod Bay raised footrope trawl fishery area; and retain the 30,000-lb 
(13.6-mt) trip limit for the CSWF.

DATES: Effective May 1, 2003.

ADDRESSES: Copies of the Framework 37 document, its Regulatory Impact 
Review (RIR), the Environmental Assessment and other supporting 
documents for the framework adjustment are available from Paul J. 
Howard, Executive Director, New England Fishery Management Council, 50 
Water Street, Mill 2, Newburyport, MA 01950. These documents are also 
available online at http://www.nefmc.org.
    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, and other supporting 
documents for Amendment 12 are available from Paul J. Howard (See 
address above). The Final Regulatory Flexibility Analysis (FRFA) 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.

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

SUPPLEMENTARY INFORMATION: This final rule implements measures 
contained in Framework 37 to the FMP. Details concerning the 
justification for and development of Framework 37 and the implementing 
regulations were provided in the preamble to the proposed rule (68 FR 
8731, February 25, 2003) and are not repeated here.
    This framework adjustment eliminates the Year 4 default measure in 
both whiting stock areas and implements adjustments to allow for 
moderate increases in effort on small-mesh multispecies in the northern 
stock area. This adjustment is necessary because current regulations 
specify that the Year 4 default measure will become effective in both 
stock areas on May 1, 2003, unless modified or eliminated by a New 
England Fishery Management Council (Council) action.
    This final rule also reinstates the CSWF season through October 31 
each

[[Page 22334]]

year; eliminates the 10-percent restriction on red hake incidental 
catch in the CSWF; adjusts 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; clarifies the transfer-at-sea 
provisions for small-mesh multispecies for use as bait; modifies 
slightly the Cape Cod Bay raised footrope trawl fishery area; and 
continues the status quo 30,000-lb (13.6-mt) trip limit for the CSWF.
    Prior to Amendment 12 to the FMP, the season for the CSWF was June 
15-October 31. Amendment 12 shortened the season to end on September 30 
as an effort reduction measure. This action reinstates the month of 
October to the CSWF, which will provide increased economic opportunity 
for participating vessels. Further discussion appears in the 
Classification section of this preamble.
    Currently, participants in the CSWF are limited in their red hake 
landings to 10 percent, by weight, of all other fish on board. 
According to the Whiting Monitoring Committee, 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 this action will 
encourage directed fishing on red hake. This action also will 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 use of 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 will no longer be allowed to be taken as incidental 
catch in Small Mesh Areas 1 and 2. The following species will 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 reflects the status quo for vessels that are currently 
engaged in this activity. The Whiting Monitoring Committee has 
indicated that there is no biological reason to restrict the catch of 
northern red hake. Vessels will be allowed to transfer up to 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 will 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 will move from the Loran 44100 line to 
the 42o N. lat. line, creating a ``lee'' by opening a triangle-shaped 
area totaling 5.5 square miles (14.3 sq. km).

Comments and Responses

    Two sets of written comments on the proposed rule were received 
during the comment period, which ended March 27, 2003. A comment was 
also received prior to the comment period. All three comments 
addressing the proposed rule were considered in implementation of the 
management measures in the final rule and are responded to here.
    Comment 1: Both commenters believe that the current trip limit in 
the CSWF is unnecessarily restrictive and each commenter disagrees with 
the Council's decision not to increase the trip limit in accord with 
one of the alternatives considered and analyzed by the Council as set 
forth in Framework 37. Both commenters urge that the Regional 
Administrator either increase or eliminate the trip limit in the CSWF.
    Response: Under the default measures, the trip limit for all 
whiting trips, including trips in CSWF, would have been 10,000 lb (4.5 
mt), thereby reducing the status quo CSWF trip limit from 30,000 lb to 
10,000 lb (13.6 mt to 4.5 mt). In developing Framework 37, the Council 
considered increasing the CSWF trip limit to several levels above the 
30,000-lb (13.6-mt) CSWF trip limit, but ultimately decided to retain 
the status quo trip limit of 30,000 lb (13.6 mt). NMFS has determined 
that there are valid reasons for keeping the trip limit at 30,000 lb 
(13.6 mt), as discussed in the FRFA. Under the Magnuson-Stevens Fishery 
Conservation and Management Act, NMFS may only approve, disapprove, or 
partially approve an action proposed by the Council. Disapproval of the 
Framework 37 trip limits would, in this case, be less desirable, as the 
more restrictive Year 4 default measures (CSWF trip limit of 10,000 lb 
(4.5 mt)) would be implemented, resulting in significant adverse 
economic impacts on all sectors of the small-mesh multispecies fishery. 
This result would run counter to the commenters' concerns about the 
CSWF trip limit being too small. Approving the Framework 37 trip 
limits, therefore, is more consistent with commenters' concerns than 
disapproving them, which is the only other option available. Commenters 
may raise their concerns about the CSWF trip limit to the Council for 
possible future action.
    Comment 2: Both commenters supported the Council's decision that 
the Year 4 default measures contained in Amendment 12 were not 
necessary, and one commenter further supported all of the measures 
contained within Framework 37.
    Response: Elimination of the Amendment 12 Year 4 default measure 
and its replacement with the measures contained in Framework 37 is 
generally supported by the fishing community. In addition, NMFS 
believes these measures contained in Framework 37 are necessary and are 
consistent with the national standards and other provisions of the 
Magnuson-Stevens Act.
    Comment 3: A commenter voiced concern over potential economic 
impacts associated with the proposed modification to incidental catch 
allowances in Small Mesh Areas 1 and 2. This modification will prohibit 
the retention of monkfish and lobsters in these areas and may generate 
regulatory discards and affect profitability for some vessels.
    Response: The modification to incidental catch allowances in Small 
Mesh Areas 1 and 2 will provide the same incentives for fishing the 
required gear properly (e.g., discourage improper rigging, which could 
allow gear to fish on the ocean bottom) as it does in the Cape Cod Bay 
raised footrope trawl fishery. This modification brings the incidental 
catch allowances for all three raised footrope trawl fisheries into 
consistency with each other. The amount of monkfish and lobster 
currently retained by vessels in Small Mesh Areas 1 and 2 is small (<15 
lb (6.8 kg) per trip, on average, in 2001), and landings of these 
species do not contribute significantly to vessel revenues (<$20 per 
trip, on average, in 2001).

[[Page 22335]]

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), waives the 
30-day delayed effectiveness period of the implementing regulations 
contained within this final rule, pursuant to 5 U.S.C. 553(d)(1). These 
management measures relieve a restriction by replacing the 
unnecessarily restrictive Year 4 default measures, which are otherwise 
scheduled to be implemented on May 1, 2003. This final rule will 
eliminate the Year 4 default measure for whiting in both stock areas; 
reinstate the CSWF season through October 31 each year; eliminate the 
10-percent restriction on red hake incidental catch in the CSWF; and 
slightly modify the Cape Cod Bay raised footrope trawl fishery area, 
thus replacing unnecessary restrictive year 4 default measures. 
Implementation of this final rule will preclude the default measures 
and their negative economic impacts on the industry and fishing 
communities. Therefore, the AA finds good cause under 5 U.S.C. 
553(d)(1) to waive the 30-day delayed effectiveness period of the 
implementing regulations.
    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, such as 
those in Framework 37.
    The analyses in Amendment 12 indicated that substantial negative 
economic and social impacts would be likely to result from implementing 
the Year 4 default measures. The default measures would be expected to 
generate large losses of not only small-mesh multispecies, but also 
other small mesh species, such as squid. Shinnecock, NY is projected to 
experience the largest reductions in landings of all species combined 
from the Year 4 default measures (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 measures would produce similar impacts in the 
ports of Stonington and New London.
    Included in this final rule is the Final Regulatory Flexibility 
Analysis prepared pursuant to 5 U.S.C. 604(a). The FRFA incorporates 
the IRFA, a supplement to the IRFA prepared by NMFS in consultation 
with the Council, the comments and responses to the proposed rule, and 
the analyses completed in support of this action. A copy of the IRFA is 
available from the Council (see ADDRESSES).

Final Regulatory Flexibility Analysis

Statement of Objective and Need

    A description of the reasons why this action is being considered, 
and the objectives of and legal basis for this action, is contained in 
the preamble to the proposed rule and is not repeated in its entirety 
here.

Summary of Significant Issues Raised in Public Comments

    Two comments, only one of which pertained to the IRFA, were 
received during the comment period on the proposed rule. The comment 
relating to the IRFA addressed the issue of the current trip limit in 
the CSWF. The commenters stated that the current trip limit in the CSWF 
is unnecessarily restrictive and disagreed with the Councils decision 
not to increase the trip limit in accord with one of the alternatives 
considered and analyzed by the Council as set forth in Framework 37. 
The commenters urged further, that the Regional Administrator either 
increase or eliminate the trip limit in the CSWF. See Comment 1 and 
NMFS' response.
    An additional comment was received prior to the comment period and 
this commenter voiced concern over potential economic impacts 
associated with the proposed modification to incidental catch 
allowances in Small Mesh Areas 1 and 2. See Comment 3 and NMFS' 
response. NMFS determined, after consideration of the public comments, 
that no changes to the proposed rule were required to be made as a 
result of the comments.

Description and Estimate of Number of Small Entities to which Rule will 
Apply

    The IRFA identified 1,156 individual vessels that reported landing 
one or more combined pounds of whiting, red hake, and offshore hake 
during calendar years 1995 to 1997. From 1995 to 2001, no more than 676 
vessels reported landing small mesh multispecies in any one year. All 
of these vessels are small entities as defined in 5 U.S.C. 601(3) and, 
therefore, all alternatives and analyses contained in Framework 37 
necessarily reflect impacts on small entities.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    Framework 37 does not contain any new recordkeeping, reporting, or 
compliance requirements.

Steps Taken to Minimize Economic Impacts on Small Entities

    NMFS and the Council prepared an economic analysis for Amendment 12 
that 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 management measures proposed for 
Years 1-3 were estimated to ``substantially'' reduce gross revenues 
from all species for 81 vessels. If the Year 4 default measures were to 
be implemented, 222 vessels would be likely to experience a substantial 
reduction in annual gross revenues.
    Framework 37 will eliminate the Year 4 default measures for small-
mesh multispecies in both the northern and southern whiting stock 
areas, and 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 will have beneficial 
economic effects for vessels that had traditionally prosecuted the 
fishery during October and will increase economic opportunity for other 
vessels that are able to participate. Maintaining the current CSWF 
season (through

[[Page 22336]]

September 30) would result in fewer opportunities to harvest whiting 
and lost economic opportunities for fishermen who otherwise would 
participate in the CSWF during October.

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 will permit vessels to increase trip profits on the occasions 
where the current incidental catch allowance will be exceeded. For this 
reason, removal of the incidental catch allowance will not likely 
result in any market effects but will permit vessels to increase trip 
income on the occasions where the current allowance will be exceeded.

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 
retention of monkfish and lobster will 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 profitability. It is unlikely that the proposed change 
in catch allowances will have any substantial impact on gross revenues 
from all sources of fishing income for vessels participating in this 
fishery. However, 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 may have a 
negative economic impact, as the trip may be abandoned, but the precise 
magnitude of such impacts cannot be accurately predicted.

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

    Clarification of the transfer at sea provisions for small-mesh 
multispecies will allow vessels to transfer 500 lb (226.8 kg) of 
whiting and unlimited amounts of red hake at sea for use as bait and 
will represent the status quo for vessels that are currently engaged in 
this activity. No impacts are 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 will move from the Loran 44100 line to the 42o N. lat. 
line, creating a ``lee'' by opening a triangle-shaped area totaling 5.5 
square miles (14.3 sq. km). This slight area modification will likely 
produce small, but positive, economic impacts to vessels utilizing the 
expanded area.

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 will 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 will continue to serve as a 
disincentive for them to participate in the CSWF, by restricting their 
potential profitability.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule, or group of related rules, for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide will be sent 
to all holders of permits issued for the NE multispecies fishery. In 
addition, copies of this final rule and guide (i.e., permit holder 
letter) are available from the Regional Administrator (see ADDRESSES) 
and may be found at the following web site: http://www.nmfs.gov/ro/doc/nero.html.

List of Subjects in 50 CFR Part 648

    Fishing, Fisheries, Reporting and recordkeeping requirements.

    Dated: April 22, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory programs, National Marine 
fisheries Service.

0
For the reasons stated in the preamble, 50 CFR part 648 is amended to 
read 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.

0
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:
* * * * *

0
3. In Sec.  648.14, paragraph (z)(2) is removed and reserved.


Sec.  648.14  Prohibitions.

* * * * *
    (z) * * *
    (2) [Reserved]
* * * * *

0
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

[[Page 22337]]

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.
    (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 (18.3 m) in length and applied to 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'..............  70o41'
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                  [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;

[[Page 22338]]

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 size 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'
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'[deg]
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'
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.
    (C) [Reserved]
* * * * *
    (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. 03-10410 Filed 4-25-03; 8:45 am]
BILLING CODE 3510-22-S