[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Rules and Regulations]
[Pages 22906-22988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8884]



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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 648



Magnuson-Stevens Fishery Conservation and Management Act Provisions; 
Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Amendment 13; Final Rule

  Federal Register / Vol. 69, No. 81 / Tuesday, April 27, 2004 / Rules 
and Regulations  

[[Page 22906]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040112010-4114-02; I.D. 122203A]
RIN 0648-AN17


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Amendment 13

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

ACTION: Final rule.

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SUMMARY: NMFS is implementing approved measures contained in Amendment 
13 to the NE Multispecies Fishery Management Plan (FMP). Amendment 13 
was developed by the New England Fishery Management Council (Council) 
to end overfishing and rebuild NE multispecies (groundfish) stocks 
managed under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), and to make 
other changes in the management of the groundfish fishery. This rule 
implements the following measures: Changes in the days-at-sea (DAS) 
baseline for determining historical participation in the groundfish 
fishery; DAS reductions from the baseline; creation of new categories 
of DAS and criteria for their allocation and use in the fishery; 
changes in minimum fish size and possession limits for recreationally 
caught fish; a new limited access permit category for Handgear vessels; 
elimination of the northern shrimp fishery exemption line; access to 
groundfish closed areas for tuna purse seiners; an exemption program 
for southern New England (SNE) scallop dredge vessels; modifications to 
Vessel Monitoring System (VMS) requirements; changes to procedures for 
exempted fisheries; changes to the process for making periodic 
adjustments to management measures in the groundfish fishery; revisions 
to trip limits for cod and yellowtail flounder; changes in gear 
restrictions, including minimum mesh sizes and gillnet limits; a DAS 
Transfer Program; a DAS Leasing Program; implementing measures for the 
U.S./Canada Resource Sharing Understanding for cod, haddock, and 
yellowtail flounder on Georges Bank (GB); a Special Access Program 
(SAP) to allow increased targeting of GB yellowtail flounder; revisions 
to overfishing definitions and control rules; measures to protect 
Essential Fish Habitat (EFH); new reporting requirements; sector 
allocation procedures; and a GB Cod Hook Gear Sector Allocation. The 
effort-reduction measures in Amendment 13 are intended to end 
overfishing on all stocks and constitute rebuilding programs for those 
groundfish stocks that require rebuilding. Other measures are intended 
to provide flexibility and business options for permit holders. Also, 
NMFS informs the public of the approval by the Office of Management and 
Budget (OMB) of the collection-of-information requirements contained in 
this final rule and publishes the OMB control numbers for these 
collections.

DATES: Effective May 1, 2004, except for Sec.  648.80(c)(2)(v)(A)(3) 
and (B)(3), which are effective August 1, 2004.

ADDRESSES: Copies of Amendment 13, its Regulatory Impact Review (RIR), 
and the Final Supplemental Environmental Impact Statement (FSEIS) are 
available from Paul J. Howard, Executive Director, New England Fishery 
Management Council, 50 Water Street, The Tannery-Mill 2, Newburyport, 
MA 01950. NMFS prepared a Final Regulatory Flexibility Act Analysis 
(FRFA), which is contained in the Classification section of this rule. 
The FSEIS/RIR/FRFA is also accessible via the Internet at http://www.nero.nmfs.gov. Copies of the Record of Decision (ROD) and the Small 
Entity Compliance Guide are available from the Regional Administrator, 
Northeast Regional Office, NMFS, One Blackburn Street, Gloucester, MA 
01930-2298.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to Patricia A. Kurkul at the above address 
and by e-mail to [email protected], or by fax to (202) 395-
7285.

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

SUPPLEMENTARY INFORMATION:

Background

    This final rule implements measures contained in Amendment 13 to 
the FMP, which was partially approved by NMFS on behalf of the 
Secretary of Commerce (Secretary) on March 18, 2004. A proposed rule 
for this action was published on January 29, 2004 (69 FR 4362), with 
public comments accepted through February 27, 2004. The details of the 
development of Amendment 13 were contained in the preamble of the 
proposed rule and are not repeated here. In the proposed rule, NMFS 
requested public comment on all proposed measures, but specifically 
asked for comment on several proposed measures for which NMFS had 
concern. After reviewing further Amendment 13, its supporting analysis 
and public comments received on the amendment and the proposed rule, 
NMFS, on behalf of the Secretary, has disapproved seven measures 
contained in Amendment 13, as submitted, based on its determination 
that they are inconsistent with one or more of the national standards 
of the Magnuson-Stevens Act or other applicable law. The disapproved 
measures are: The abbreviated process to implement SAPs; the Closed 
Area (CA) II Haddock SAP; the CA I Hook Gear SAP; the prohibition on 
surfclam and ocean quahog dredge gear in portions of the Nantucket 
Lightship Closed Area (NLCA); the exemption to allow shrimp trawl gear 
in the Western Gulf of Maine (WGOM) Closed Area; the GB Hook Gear Cod 
Trip Limit Program; and removal of the Flexible Area Action System. 
Further explanation of the reasons for disapproval of those measures is 
contained in this rule.

Disapproved Measures

Abbreviated Process To Implement SAPs

    An abbreviated process to implement future SAPs was proposed in 
Amendment 13, whereby the Administrator, Northeast Region, NMFS, 
(RegionalAdministrator) would be given the authority, upon submission 
and review of a proposed SAP by a member of the public, to implement 
the SAP, provided certain conditions are met. However, the proposed 
abbreviated process to implement SAPs applies only to proposed SAPs 
that fall within the range of impacts analyzed in Amendment 13 or 
``other'' management actions; therefore, it is unlikely that additional 
proposed SAPs will meet this criterion. Furthermore, the proposed time 
frame for Regional Administrator approval of additional SAPs under the 
abbreviated process is inadequate. It is un-likely that the proposed 
SAP approval process would achieve the goal of expedited approval of 
SAPs due to the complexity of pertinent issues and analytical burdens 
associated with SAP development. Because this requirement would create 
an administrative burden, with little resulting benefit, it is not 
consistent with the efficiency requirements of E.O. 12866 and

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National Standard 7. Therefore, NMFS has disapproved the proposed 
abbreviated SAP approval process in Amendment 13. As a result, the 
proposed procedures are not included in this final rule and proposed 
SAPs must be implemented through the existing FMP framework adjustment 
process.

SAPs

    Four SAPs were proposed in Amendment 13; however, for two of these 
SAPs, the CA II Haddock SAP and the CA I Hook Gear Haddock SAP, there 
is insufficient analysis to determine the impacts of these programs. In 
addition, for the CA II Haddock SAP, the Amendment 13 analysis 
indicates a relatively high and consistent rate of cod bycatch in the 
area adjacent to CA II. Although vessels in the proposed CA II haddock 
access program would have been required to use a haddock separator 
trawl (in order to reduce bycatch of cod), this SAP could undermine the 
effectiveness of measures designed to prevent landings and discards of 
GB cod from exceeding the U.S./Canada shared TAC, and significantly 
reduce fishing mortality on GB cod. For these reasons, the proposed SAP 
is inconsistent with National Standard 1 and National Standard 2.
    With regard to the CA I Hook Gear Haddock SAP, there is an 
experimental fishery currently occurring to determine the impacts of a 
directed hook-gear fishery for haddock in CA I. However, that 
experiment has not yet been completed and Amendment 13 does not include 
information on whether a directed fishery on haddock in CA I would be 
successful in avoiding GB cod catches throughout the year. This SAP 
also proposes to require 100-percent observer coverage, but does not 
state how this would be accomplished, nor does it justify the costs 
associated with such a requirement. Because there is no justification 
provided for the proposal to allow only hook vessels into the SAP, this 
proposal does not comply with applicable law. For these reasons, the 
proposed CA II Haddock SAP and the CA I Hook Gear Haddock SAP have been 
disapproved. Should additional information be forthcoming that would 
justify the creation of these SAPs, such as the results from the 
current hook gear experimental fishery in CA I, these programs could be 
reconsidered for approval in a future action.

Prohibition on Surfclam and Ocean Quahog Dredge Gear in Groundfish 
Closed Areas

    This final rule implements seven habitat areas that are closed to 
all bottom-tending mobile gear (a level 3 habitat closure), including 
surfclam/ocean quahog dredge gear. Several of these EFH Closure Areas 
are within portions of the currently closed groundfish areas, e.g., the 
Nantucket Lightship Habitat Closure Area lies within a large portion of 
the groundfish NLCA and extends northward of this area; the Cashes 
Ledge Habitat Closure Area lies within the eastern portion of the 
Cashes Ledge Closure Area; and the WGOM Habitat Closure Area almost 
fully encompasses the WGOM Closure Area. In addition to excluding 
surfclam/ocean quahog dredge gear from the EFH Closure Areas, Amendment 
13 also proposed to exclude this gear from those portions of the NLCA, 
the Cashes Ledge Closure Area, and the WGOM Closure Area that lie 
outside of the EFH Closure Areas, to further protect EFH for 
groundfish. Amendment 13 analyzed the biological and economic impacts 
of excluding all bottom-tending mobile gear from the EFH Closure Areas, 
but did not analyze the impacts of excluding clam dredge gear from 
those portions of the groundfish closed areas that reside outside of 
the EFH Closure Area boundaries. Because the impacts of the proposed 
exclusion of clam dredge gear from these areas was not analyzed, and 
there is no evidence that the exclusion of this gear is necessary to 
protect groundfish EFH, the proposed measure to exclude this gear from 
the groundfish closure areas that reside outside the EFH Closure Areas 
is inconsistent with National Standard 2 and EFH requirements under the 
Magnuson-Stevens Act, and has therefore, been disapproved.

Exemption To Allow Shrimp Trawl Gear in the WGOM Closure Area

    Amendment 13 proposed to exempt shrimp trawl gear from the WGOM 
Habitat Closure Area's prohibition on bottom-tending mobile gear. This 
proposed measure has been disapproved because it would compromise the 
effectiveness of this habitat closure and because there is inadequate 
justification supporting such an exemption. Exemption of shrimp trawl 
vessels from the WGOM Habitat Closure Area without clear justification 
is inconsistent with National Standard 2.

GB Hook Gear Cod Trip Limit Program

    The GB Hook Gear Cod Trip Limit Program, a voluntary trip limit 
program, was proposed in Amendment 13 for vessels fishing with hook 
gear on GB. This program proposed that participants make an annual 
declaration into this program and fish under the following seasonal 
trip limits and restrictions for GB cod: (1) July 1-September 15; 2,000 
lb (907 kg)/DAS and no landings Friday and Saturday; (2) September 16-
December 31; 600 lb (272 kg)/DAS; (3) January-March; 2,000 lb (970 kg)/
DAS; and (4) April-June; no jig or demersal longline groundfish fishing 
on GB. In the absence of this program, Amendment 13 implements one 
uniform possession limit for GB cod: 1,000 lb (453 kg)/DAS; 10,000 lb 
(4533 kg)/trip.
    The program is being disapproved principally because the potential 
benefits of the program are unknown. The FSEIS does not include a 
rationale or justification for this program, and the program is not 
included in the analysis of the impacts on bycatch. Furthermore, the 
Cape Cod Commercial Hook Fisherman's Association (CCCHFA), the industry 
organization that created this program, submitted a comment requesting 
disapproval. The CCCHFA stated that the program would add uncertainty 
to the FMP because the impacts of the program are not adequately 
quantified, that the program is incomplete and was not meant to be 
implemented without a hard TAC, and that the program will be difficult 
to enforce. Because there is no justification provided for the GB Hook 
Gear Cod Trip Limit Program, this program does not comply with 
applicable law and NMFS is disapproving this measure.

Removal of Flexible Area Action System

    Amendment 13 proposes removal of the Flexible Area Action System 
(FAAS) in order to streamline the regulations. The FAAS process was 
originally implemented in amendment 5 (40 FR 9872, March 1, 1994) and 
was intended to enable the Regional Administrator and the Council to 
take timely action in order to alleviate discard concerns. The FAAS is 
not perceived by the Council to be useful because past Council attempts 
to use the process have not been successful due to the length of time 
taken to implement actions. However, one commenter requested that NMFS 
disapprove the proposed removal of the FAAS from the regulations 
because it provides the Council and NMFS with the ability to respond to 
seasonal and area bycatch problems in the groundfish fishery in a 
quicker fashion than through normal rulemaking procedures. The 
commenter suggested that any administrative constraints that limit the 
potential usefulness of the system should be corrected. NMFS agrees 
with the commenter that the FAAS should be retained because of its 
potential to address discard or bycatch issues in less time than would 
be required by a framework adjustment. In

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light of the fact that Amendment 13 implements several novel management 
systems, including the use of B DAS, it is possible that unforeseen 
discarding or bycatch problems may occur. Therefore, NMFS is 
disapproving the removal of the FAAS because retention of the FAAS in 
the FMP increases the likelihood that the Council and the Regional 
Administrator can respond to discard and bycatch problems in a timely 
manner, and reinforces the ability of the FMP to comply with National 
Standard 1 and National Standard 9.

Approved Measures

    NMFS has approved the remainder of the measures proposed in 
Amendment 13. In order to provide the public with the clearest 
information possible on the numerous changes to the groundfish 
regulations that result from the implementation of Amendment 13, NMFS 
is publishing in this final rule the entirety of the regulations in 50 
CFR part 648, subpart F, that pertain to the groundfish fishery (both 
the existing and new regulations). A description of the new management 
measures resulting from Amendment 13 follows.
1. Recreational Measures
    The bag limit (possession limit) for cod aboard a private 
recreational vessel (i.e., not a charter/party vessel) fishing while in 
the Exclusive Economic Zone (EEZ), or caught in the EEZ, is changed to 
10 cod per person per day, with no possession limit for haddock, year-
round.
    The possession limit for cod aboard a charter/party vessel fishing 
in the Gulf of Maine (GOM) is changed to 10 cod per person per day, 
year-round.
    For charter/party vessels issued a Federal multispecies permit, and 
for private recreational vessels, any trip in excess of 15 hours and 
covering 2 calendar days will be considered a 2-day trip for purposes 
of calculating allowable bag limits. Allowable bag limits for 
recreational vessels conducting trips longer than 2 consecutive 
calendar days will be determined by adding 24 hours for each additional 
day to the 15-hour minimum, 2-day trip requirement.
    The minimum size for cod allowed to be possessed by persons fishing 
aboard private recreational and charter/party vessels subject to these 
regulations is reduced from 23 inches (58.4 cm) total length (TL) to 22 
inches (55.9 cm) TL. The minimum size for haddock is reduced from 22 
inches (55.9 cm) to 19 inches (48.2 cm) TL.
2. Handgear Permit
    A new limited access permit category, called Handgear A, is created 
for qualified vessels fishing with handgear (rod and reel, handline, or 
tub-trawl gear). To qualify for a Handgear A permit, a vessel must have 
been previously issued a NE multispecies open access Handgear permit, 
and must have landed at least a total of 500 lb (227 kg) of cod, 
haddock, or pollock, when fishing under the open access Handgear permit 
category, in at least one of the fishing years from 1997 through 2002 
(fishing years are May 1 through April 30).
    Vessels fishing under the limited access Handgear A permit are 
allowed to land up to 300 lb (136 kg) of cod, one Atlantic halibut, and 
the daily possession limit restrictions allowed for the remaining 
regulated groundfish species. Handgear A permits are transferrable 
between vessels, with the transfers not subject to vessel size and 
horsepower upgrade restrictions. In addition to handline and rod-and-
reel gear, open access Handgear and limited access Handgear A permit 
holders are allowed to fish hand-hauled tub-trawl gear, with a maximum 
of 250 hooks.
    Vessels fishing in the open access Handgear permit category may 
possess up to 75 lb (34.0 kg) of cod and one Atlantic halibut, and the 
daily possession limit restrictions allowed for the remaining regulated 
groundfish species. The cod trip limit for both the limited access 
Handgear A permit and the open access Handgear permit will be adjusted 
proportional (rounded up to the nearest 50 lb (22.7 kg) and 25 lb (11.4 
kg), respectively) to changes in the GOM cod trip limits for groundfish 
DAS vessels in the future, as necessary.
3. Northern Shrimp Exempted Fishery
    The geographic restriction of the northern shrimp fishery is 
eliminated; all other restrictions for participation in the northern 
shrimp fishery remain in effect.
4. Tuna Purse Seine Access to Groundfish Closed Areas
    Tuna purse seine vessels may fish in all groundfish closed areas, 
including CA I, CA II, and the NLCA, subject to existing restrictions 
for using exempted gear in those areas. Fishing under this exemption is 
not allowed in the CA II Habitat Area of Particular Concern (HAPC).
5. SNE Scallop Dredge Exemption Program
    Unless otherwise prohibited in Sec.  648.81, or unless prohibited 
under the scallop regulations, vessels with a limited access scallop 
permit that have declared out of the scallop DAS program as specified 
in Sec.  648.10, or that have used up their scallop DAS allocations, 
unless otherwise restricted, and vessels issued a General Category 
scallop permit, are allowed to fish in statistical areas 537, 538, 539, 
and 613, defined as the SNE Scallop Dredge Exemption Area, when not 
fishing under a groundfish DAS, with certain restrictions. A vessel 
meeting the above requirements and fishing in the SNE Scallop Dredge 
Exemption Area may not fish for, possess on board, or land any species 
of fish (as defined in the Magnuson-Stevens Act) other than Atlantic 
sea scallops.
6. Modified VMS Operational Requirements
    A vessel using a VMS may opt out of the VMS program for a minimum 
period of 1 calendar month by notifying the Regional Administrator.
7. Standards for Certification of Exempted Fisheries
    The following changes apply to the standards for certification of 
exempted fisheries:
    The incidental catch standard (5 percent of the total catch, by 
weight) may be modified by the Council or Regional Administrator, for 
those groundfish stocks that are not in an overfished condition, or if 
overfishing is not occurring, provided that the modification would not 
cause a delay in a rebuilding program, would not result in overfishing 
of a stock, and would not result in a stock becoming overfished. 
Additional factors may also be considered. The incidental catch 
standard may be modified either through a Council action (framework 
adjustment) that would change the standard for all exempted fisheries, 
or on a case-by-case basis for specific exempted fisheries.
    On a case-by-case basis, through approval by the Regional 
Administrator, with notification to the public through rulemaking 
consistent with the Administrative Procedure Act (APA), or through 
Council development of a framework action for NMFS's consideration, an 
exempted fishery in the GOM, GB, or SNE exemption areas, and a small 
mesh fishery in that portion of the Mid-Atlantic (MA) Regulated Mesh 
Area (RMA) outside of the SNE exemption area, may be authorized to 
possess and land certain regulated groundfish. Possession by an 
exempted fishery of fish from a groundfish stock under a rebuilding 
program may be allowed, but only if it can be determined that the catch 
of that stock

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by the exempted fishery would not likely result in exceeding the 
rebuilding fishing mortality rate for that stock.
8. Periodic Adjustments to the FMP
    The process to make adjustments to the FMP (Sec.  648.90) is 
changed from an annual to a biennial process. Although implementation 
of this change decreases the frequency of the requirement that the Plan 
Development Team (PDT) must perform a review of each of the regulated 
multispecies, Atlantic halibut, and ocean pout, and submit management 
recommendations to the Council, the Council may still initiate a 
Framework Adjustment to address management concerns at any time. The 
first PDT review will be in 2005, to determine necessary changes for 
the 2006 fishing year. For the 2005 review, an updated groundfish 
assessment, peer reviewed by independent scientists, will be conducted. 
In addition to the biennial review discussed above, the PDT will meet 
to conduct a review of the groundfish fishery by September 2008 to 
determine the need for a framework action for the 2009 fishing year. 
For the 2008 review, a benchmark assessment, peer reviewed by 
independent scientists, will be completed for each of the regulated 
multispecies stocks and for Atlantic halibut and ocean pout. The 
interim biomass targets specified in Amendment 13 will be examined 
during this benchmark assessment to evaluate the efficacy of the 
rebuilding program. Based on findings from the benchmark assessment, a 
determination will be made as to whether the Amendment 13 biomass 
targets are still considered valid, given the response of the stocks to 
the management measures in Amendment 13 that were expected to result in 
certain stock levels by 2008.
    The Multispecies Monitoring Committee is folded into the PDT, and 
will cease to exist as a separate committee.
9. Rebuilding Program
    Programs to rebuild all overfished groundfish stocks, primarily 
through effort-reduction measures that are phased in over a period of 
several years, are established through Amendment 13. Because several 
stocks are currently not overfished, others are being overfished (i.e., 
the fishing mortality rates on these stocks are too high), and some are 
in need of rebuilding to the levels that can produce maximum 
sustainable yield (MSY) on a continuing basis, a mixture of management 
measures is adopted to achieve all of the objectives. The measures to 
accomplish this are summarized as follows:
    DAS Allocations. DAS, which form the effort currency in the 
groundfish fishery, are reallocated, beginning in fishing year 2004. 
The allocation of DAS is based on historic participation in the 
groundfish DAS fishery. The number of DAS allocated to the fishery as a 
whole is based on the number that was determined to be appropriate and 
necessary to rebuild overfished stocks and end overfishing. The 
Amendment 13 DAS allocation is based on an expected DAS use rate, and 
takes into account additional DAS use that may result from 
implementation of a DAS Leasing Program. The DAS Leasing Program is 
described in more detail later in this preamble.
    The allocation of a vessel's DAS is calculated from that vessel's 
DAS baseline, defined as the maximum DAS used by that vessel in any 
single fishing year from qualifying fishing years 1996 through 2001 
(May 1, 1996, through April 30, 2002). Qualifying years are only those 
in which the vessel landed a total of 5,000 lb (2,268 kg) or more of 
regulated groundfish species. Landings must be documented through 
dealer reports submitted to NMFS prior to April 30, 2003. For fishing 
years 2004 and 2005, 60 percent of a vessel's DAS baseline are defined 
as its ``Category A'' DAS, and 40 percent of a vessel's DAS baseline 
are defined as its ``Category B'' DAS. Category B DAS are further 
categorized as ``regular B'' DAS and ``reserve B'' DAS, each 
representing 20 percent of the vessel's DAS baseline. The difference 
between a vessel's fishing year 2001 DAS allocation and its DAS 
baseline (the sum of Category A and Category B DAS) is the vessel's 
``Category C'' DAS. Upon implementation of Amendment 13, either regular 
or reserve B DAS may be used in an approved SAP, but neither may be 
used outside of an approved SAP. The procedures and restrictions 
applying to the use of regular B DAS when fishing outside of a SAP are 
currently being developed by the Council in Framework Adjustment 40. 
Category C DAS may not be used at this time.
    Because groundfish DAS vessels are allocated DAS based on their 
historical fishing records, the Fleet DAS permit category and the Large 
Mesh Fleet DAS permit category are eliminated, since these categories 
represented a fleet average of DAS. Vessels that fished in either the 
Fleet DAS or Large Mesh Fleet DAS permit categories will automatically 
be reissued permits in the Individual DAS and Large Mesh Individual DAS 
permit categories, respectively. Vessels affected by this change will 
have an opportunity to reapply for a different permit category.
    DAS Use. Beginning May 1, 2004, Category A DAS may be used to 
target any regulated groundfish stock. Category B DAS (i.e., regular or 
reserve B DAS) may be utilized to fish in approved SAPs, subject to the 
requirements of the SAPs.
    A vessel is required to declare its intent to use a Category B DAS 
at the start of a fishing trip, and must specify which type of (regular 
or reserve) B DAS will be used on that trip. Even though regular B DAS 
may initially be used only while fishing within a SAP, NMFS must track 
the usage of both types of B DAS by each vessel. This will enable NMFS 
and the vessels to know how many of each type of B DAS each vessel has 
remaining for the fishing year, should Framework Adjustment 40 
implement methods for use of regular B DAS during the fishing year.
    Vessel owners should be aware that, if Framework Adjustment 40 
develops a program for use of regular B DAS outside of SAPs that 
includes a ``flipping'' provision, and that program is implemented in 
the middle of a fishing year, a vessel would need to have Category A 
DAS available in order to fish the regular B DAS outside of a SAP 
during the remainder of that fishing year.
    As groundfish stocks rebuild, there may be opportunities to 
increase the number of available Category A DAS. In that circumstance, 
all Category B DAS (regular and reserve) would be converted to Category 
A DAS before any Category C DAS would be converted to Category A DAS. 
If necessary to achieve rebuilding targets, Category A DAS could be 
changed to Category B DAS by the Council. Any DAS carried over from the 
2003 fishing year into the 2004 fishing year will be classified as 
regular B DAS. For any DAS carried over from the 2004 fishing year into 
the 2005 fishing year, and for all subsequent fishing years, the 
carried-over DAS will be determined as follows: If a vessel has 
Category A DAS remaining, these will be carried over first; if the 
vessel has fewer than 10 A DAS remaining, then the vessel's regular B 
DAS will be carried over, up to a total of 10 DAS; if the vessel has 
fewer than 10 A DAS and regular B DAS, combined, remaining, then the 
vessel's reserve B DAS will be carried over, up to a total of 10 DAS, 
combined. For example, if a vessel ended a fishing year with 3 A DAS, 6 
regular B DAS, and 10 reserve B DAS, that vessel's carry-over DAS would 
be 10 DAS, comprised of the following: 3 A DAS, 6 regular B DAS, and 1 
reserve B DAS. Category C DAS cannot be

[[Page 22910]]

carried over and cannot be fished at this time.
    Default Measures. Amendment 13 establishes fishing mortality rate 
targets to end overfishing and rebuild all of the managed groundfish 
stocks. Some of the fishing mortality rates are immediately reduced to 
a level that ends overfishing. For several other stocks, reductions in 
fishing mortality rates will be phased in, in order to mitigate impacts 
of the reductions. To ensure that the scheduled fishing mortality 
reductions under Amendment 13 are realized by fishing year 2006, 
specifically for American plaice and SNE/MA yellowtail flounder, which 
may require an additional reduction in the fishing mortality rate to 
completely end overfishing, the following default measures will 
automatically become effective on May 1, 2006: An additional 5-percent 
reduction in DAS, which will allow a vessel to fish up to 55 percent of 
its DAS baseline allocation as A DAS, and 45 percent as B DAS; and 
differential DAS counting for vessels fishing in the SNE/MA RMA, where 
DAS will be counted at a rate of 1.5 to 1. On May 1, 2009, there will 
be an additional DAS reduction of 10 percent, which will allow a vessel 
to fish up to 45 percent of its DAS baseline allocation as A DAS, and 
55 percent as B DAS, to ensure rebuilding for GB cod, GOM cod, Cape Cod 
(CC)/GOM yellowtail flounder, SNE/MA yellowtail flounder, American 
plaice, white hake, and SNE/MA winter flounder. A stock assessment 
update is scheduled to occur in 2005, and a benchmark assessment will 
be conducted in 2008 to determine whether the default measures are 
necessary, or whether existing measures have proven sufficient to 
achieve the necessary reductions in fishing mortality. The default 
measures will not occur if the Regional Administrator determines: (1) 
That the Amendment 13 projected target biomass levels for stocks 
targeted by the default measures, based on the 2005 and 2008 stock 
assessments, have been or are projected to be attained with at least a 
50-percent probability in the 2006 and 2009 fishing years, 
respectively, and overfishing is not occurring on those stocks (i.e., 
current information indicates that the stocks are rebuilt and 
overfishing is not occurring); or (2) that biomass projections, based 
on the 2005 and 2008 stock assessments, show that rebuilding will occur 
by the end of the rebuilding period with at least a 50-percent 
probability, and the best available estimate of the fishing mortality 
rate for the stocks targeted by the default measures indicates that 
overfishing is not occurring (i.e., current information indicates that 
rebuilding will occur by the end of the rebuilding period and the 
fishing mortality rate is at or below Fmsy). If one of the two 
conditions is met and all other stocks meet the fishing mortality rates 
specified in Amendment 13, the Regional Administrator will publish that 
determination in the Federal Register, consistent with the requirements 
of the APA. The criteria for avoiding default measures have been 
modified from the proposed rule to better reflect the intent of 
Amendment 13, based on comments received from the Council.
    Trip Limits. The following modifications to the cod and yellowtail 
flounder trip limits are implemented:
    GOM cod: The possession limit is increased to 800 lb (363 kg)/DAS, 
with a limit of 4,000 lb (1,814 kg)/trip.
    GB cod: The possession limit is reduced to 1,000 lb (454 kg)/DAS, 
with a limit of 10,000 lb (4,536 kg)/trip, unless the vessel has 
declared into the Eastern U.S./Canada Area.
    CC/GOM yellowtail flounder, when fishing in the CC/GOM Yellowtail 
Flounder Area:
    April 1 through May 31, and October 1 through November 30: 250 lb 
(113 kg)/trip; and
    June 1 through September 30, and December 1-March 31: 750 lb (340 
kg)/DAS, with a 3,000-lb (1,361-kg)/trip possession limit.
    SNE/MA yellowtail flounder, when fishing in the SNE/MA yellowtail 
flounder area (the SNE/MA stock area):
    March 1 through June 30: 250 lb (113 kg)/trip; and
    July 1 through February 28 (or 29): 750 lb (340 kg)/DAS, with a 
3,000-lb (1,361-kg)/trip possession limit.
    Modifications to Gear Restrictions. Gear restrictions are modified 
as follows:
    For Day gillnet vessels fishing in the GOM RMA: The minimum mesh 
size for flatfish nets is reduced from 7-inch (17.8-cm) mesh to 6.5-
inch (16.5-cm) mesh.
    For Trip gillnet vessels fishing in the GB RMA: The number of 
gillnets that may be used is increased from 50 to 150.
    For Day gillnet vessels fishing in the MA RMA: The number of 
roundfish gillnets that can be used is reduced from 80 to 75, and the 
minimum mesh size is increased from 5.5-inch (14.0-cm) diamond or 6.0-
inch (15.2-cm) square to 6.5-inch mesh (16.5-cm) (square or diamond); 
and
    The number of flatfish gillnets that can be used is reduced from 
160 to 75, and the minimum mesh size is increased from 5.5-inch (14.0-
cm) diamond or 6.0-inch (15.2-cm) square to 6.5-inch (16.5-cm) mesh 
(square or diamond).
    A summary of the revised gear requirements appears in Table 1.

                               Table 1.--Gear Restrictions by Regulated Mesh Areas
----------------------------------------------------------------------------------------------------------------
                           Gulf of Maine           Georges Bank               SNE               Mid-Atlantic
----------------------------------------------------------------------------------------------------------------
                                 Minimum Mesh Size Restrictions for Gillnet Gear
----------------------------------------------------------------------------------------------------------------
NE Multispecies Day    Roundfish nets:        All nets:              All nets:              Roundfish nets:
 Gillnet Category*     6.5'' (16.5 cm) mesh;  6.5'' (16.5 cm) mesh;  6.5'' (16.5 cm) mesh;  6.5'' (16.5 cm)
                       50-net allowance;      50-net allowance;      75-net allowance;       mesh;
                       2 tags/net             2 tags/net             2 tags/net             75-net allowance;
                       Flatfish nets:                                                       2 tags/net.
                       6.5'' (16.5 cm) mesh;                                                Flatfish nets:
                       100-net allowance;                                                   6.5'' (16.5 cm)
                       1 tag/net                                                             mesh;
                                                                                            75-net allowance;
                                                                                            2 tags/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;  6.5'' (16.5 cm)
                       150-net allowance;     150-net allowance;     75-net allowance;       mesh;
                       1 tag/net              2 tags/net             2 tags/net             75-net allowance;
                                                                                            2 tags/net.
----------------------
Monkfish Vessels**                               10'' (25.4 cm) mesh/150-net allowance.
                      ------------------------

[[Page 22911]]

 
                                                               1 tag/net.
----------------------
                                  Minimum Mesh Size Restrictions for Trawl Gear
----------------------------------------------------------------------------------------------------------------
Codend only mesh             6.5'' (16.5 cm) diamond or square        7.0'' (17.8 cm)       6.5'' (16.5 cm)
 size*                                                                diamond or 6.5''       diamond or square.
                                                                      (16.5 cm) square
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.
----------------------
                         Maximum 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

10. DAS Transfer Program
    Limited access NE multispecies permit holders may transfer DAS 
permanently to other limited access permit holders, subject to the 
following restrictions and conditions:
    The length overall (LOA) and gross tonnage baseline of the buyer/
transferee vessel may not be more than 10 percent greater, and its 
horsepower may not be more than 20 percent greater than the baseline of 
the seller/transferor vessel. The seller/transferor vessel must retire 
from all state and Federal commercial fisheries and relinquish 
permanently all Federal and state fishing permits. Category A and B DAS 
that are transferred are reduced by 40 percent; Category C DAS that are 
transferred are reduced by 90 percent. Vessel permits under 
Confirmation of Permit History (CPH) may be transferred, but vessels 
fishing under a sector allocation are prohibited from transferring DAS 
during the fishing year in which the vessel is participating in the 
sector.
11. DAS Leasing Program
    This final rule implements a program to allow limited access NE 
multispecies permit holders to lease groundfish DAS to one another in 
fishing years 2004 and 2005, under the conditions and restrictions 
described below. For purposes of this program, the term ``lease'' 
refers to the transfer of the use of DAS from one limited access 
groundfish vessel to another, for no more than 1 fishing year.
    Eligibility. All vessels with a valid limited access groundfish DAS 
permit are eligible to lease groundfish Category A DAS to or from 
another such vessel, subject to certain restrictions. Eligible vessels 
acquiring DAS through leasing are termed lessees; eligible vessels 
leasing-out DAS are termed lessors. DAS associated with a CPH may not 
be leased. Vessels issued a Small Vessel or Handgear A permit, i.e., 
vessels that do not require the use of groundfish DAS, are not allowed 
to lease DAS, and vessels participating in an approved sector under the 
Sector Allocation Program are not allowed to lease DAS to non-sector 
vessels during the fishing year in which the vessel is participating in 
the sector.
    Application Procedures. An eligible vessel wanting to lease 
groundfish DAS must submit a complete application to the Regional 
Administrator at least 45 days prior to the time that the vessel 
intends to fish the leased DAS. Vessels with a VMS will likely be able 
to receive notification of an approved lease agreement sooner than 45 
days. Upon approval of the application by NMFS, the lessor and lessee 
will be sent written confirmation of the approved application. Leased 
DAS will be effective only during the fishing year for which they are 
leased. A vessel may lease to as many qualified vessels as desired, 
provided that all of the restrictions and conditions are complied with.
    An application to lease DAS for a given fishing year may be 
submitted at any time prior to the fishing year in question, or anytime 
throughout the fishing year in question, up until March 1. Should an 
application be denied, the Regional Administrator will send a letter to 
the applicant describing the reason(s) for the application's rejection. 
The decision by the Regional Administrator is the final agency 
decision. There is no appeal process.
    Conditions and restrictions. No subleasing of groundfish DAS is 
allowed. This means that, once a lease application is approved by NMFS, 
the leased DAS may not be leased a second time, even if the lessee was 
prevented from fishing the leased DAS due to circumstances beyond his/
her control (e.g., a vessel sinking). Vessels are not allowed to lease 
carry-over DAS. Only Category A DAS may be leased, and all leased DAS 
must be Category A DAS.
    Vessels are allowed to lease as few as 1 DAS to any one vessel. The 
maximum number of DAS that can be leased by a lessee is the lessee's 
vessel's DAS allocation for the 2001 fishing year (excluding any 
carryover DAS). The lessee may fish that number of DAS as Category A 
DAS, in addition to the Category A DAS balance the vessel had prior to 
acquiring the leased DAS. For example, if a person wants to lease DAS 
for a vessel with a limited access groundfish permit, and that vessel 
had 88 DAS allocated to it in fishing year 2001, the maximum DAS it may 
lease is 88. If the same vessel has 53 Category A DAS allocated to it 
in fishing year 2004, that vessel may hold and fish up to 141 Category 
A DAS for 2004 (the 53 A DAS allocated for fishing year 2004 plus the 
88 DAS allocated to that vessel in fishing year 2001).
    A lessor may not lease DAS to any vessel with a baseline horsepower 
rating that is 20 percent or more greater than that of the horsepower 
baseline of the lessee vessel. A lessor also may not lease DAS to any 
vessel with a baseline LOA that is 10 percent or more greater than that 
of the baseline of the lessee vessel's LOA.
    History of DAS Use and Landings. Because, in the future, DAS use 
and

[[Page 22912]]

landing history may be used to determine fishing rights, history of 
leased DAS use will be presumed to remain with the lessor vessel, and 
landings resulting from the use of the leased DAS will be presumed to 
be attributed to the lessee vessel. However, the history of used leased 
DAS will be presumed to remain with the lessor only if the lessee 
actually fishes the leased DAS in accordance with the DAS notification 
program. For purposes of DAS-use history, leased DAS will be considered 
to be the first DAS to be used, followed by the allocated DAS. For 
example, if a vessel has an allocation of 50 DAS, leased an additional 
20 DAS, and actually fished a total of 60 DAS during the fishing year, 
the lessor of the 20 DAS would be attributed with 20 DAS, for purposes 
of its DAS-use history, because the lessee vessel will be presumed to 
have used its 20 leased DAS first. This same vessel will be presumed to 
have only fished 40 of its 50 allocated DAS for the purposes of its 
DAS-use history. History of fish landings will be presumed to be 
attributed to the vessel that actually landed the fish (lessee).
    In the case of multiple lessors, the leased DAS actually used will 
be attributed to the lessors based on the order in which such leases 
are approved by NMFS. For example, if lessee Vessel A has 50 allocated 
DAS, leases 30 DAS from lessor Vessel B on August 1, and leases another 
10 DAS from lessor Vessel C on August 5, then the first 30 DAS used by 
lessee Vessel A during that fishing year would be attributed to lessor 
Vessel B, the next 20 DAS would be attributed to lessor Vessel C, and 
the next 50 DAS would be attributed to lessee Vessel A, for purposes of 
DAS-use history.
    Monkfish Category C and D vessels. It is possible that a vessel 
with both a limited access groundfish permit and a limited access 
monkfish permit (monkfish Category C or D vessels), because of the 
groundfish DAS reductions under Amendment 13, could have more allocated 
monkfish DAS than groundfish A DAS. Such vessels are allowed to fish 
under a monkfish-only DAS when groundfish DAS are no longer available, 
provided the vessel fishes under the provisions of the monkfish 
Category A or B permit, or unless otherwise noted below. Monkfish 
Category C and D vessels that have remaining monkfish-only DAS, and 
that have submitted a groundfish DAS Leasing Application that has been 
approved by NMFS, will be required to fish their available ``monkfish-
only'' DAS in conjunction with their leased groundfish A DAS, to the 
extent that the vessel has groundfish A DAS available. This is 
consistent with the original intent of the Monkfish Fishery Management 
Plan (Monkfish FMP).
    If a monkfish Category C or D vessel leases groundfish A DAS to 
another vessel, the vessel is required to forfeit a monkfish DAS for 
each groundfish A DAS that the vessel leases, equal in number to the 
difference between the number of remaining groundfish A DAS and the 
number of unused monkfish DAS at the time of the lease. For example, if 
a lessor vessel that had 40 unused monkfish DAS and 47 allocated 
groundfish A DAS leased 10 of its groundfish A DAS, the lessor would 
forfeit the use of 3 of its monkfish DAS (40 monkfish DAS--37 
groundfish A DAS = 3 DAS) because it would have 3 fewer groundfish A 
DAS than monkfish DAS after the lease.
12. U.S./Canada Resource Sharing Understanding
    This rule implements the U.S./Canada Resource Sharing Understanding 
(Understanding) approved in Amendment 13. Certain changes from the 
proposed rule have been made in this final rule to be consistent with 
Amendment 13. Under the Understanding, management of GB cod, GB 
haddock, and GB yellowtail flounder is subject to the terms of the 
Understanding within two specified areas on GB referred to as the U.S./
Canada Management Areas (composed of the Western U.S./Canada Area and 
the Eastern U.S./Canada Area). The Eastern U.S./Canada Area is composed 
of statistical areas 561 and 562, and is the U.S./Canada management 
area for GB cod and GB haddock (cod/haddock management area). The 
Western U.S./Canada Area is composed of statistical areas 522 and 525. 
The U.S./Canada management area for GB yellowtail flounder is composed 
of both the Eastern and Western U.S./Canada Areas.
    The Understanding specifies an allocation of TAC for these three 
stocks for each country, based on a formula that considers historical 
catch percentages and current resource distribution. Annual harvest 
levels and recommended management measures for the U.S./Canada 
Management Areas will be determined through a process involving the 
Council, the Transboundary Management Guidance Committee (TMGC), and 
the U.S./Canada Steering Committee. The U.S. TACs in fishing year 2004 
will be as follows: 300 mt (metric tons) for GB cod; 5,100 mt for GB 
haddock; and 6,000 mt for GB yellowtail flounder. These TACs were 
recommended by the TMGC and adopted by the Council at its January 2004 
meeting. Once any one of these TACs is reached, all vessels will be 
prohibited from harvesting, possessing, or landing the species for 
which the TAC has been reached. In addition, the Eastern U.S./Canada 
Area will be closed to all fishing by groundfish DAS vessels, with the 
exception of an approved SAP, provided that TAC for the target species 
is still available. The Western U.S./Canada Area will not be closed, 
but will have other restrictions imposed, such as trip limits, as 
necessary, as the GB yellowtail flounder TAC is approached.
    Amendment 13 is intended to constrain catches of the three shared 
stocks by U.S. vessels to ensure that they will not exceed the U.S. 
allocations. The management measures to implement the Understanding are 
as follows: All NE multispecies DAS vessels fishing on a groundfish DAS 
in the U.S./Canada Management Areas are required to utilize a fully 
functional VMS. Vessels are required to declare, through their VMS, 
prior to departure on a trip, the portion of the U.S./Canada Management 
Area they intend to fish in. For the purposes of selecting vessels for 
observer deployment, a vessel fishing in the U.S./Canada Management 
Area must provide notice to NMFS at least 5 working days prior to the 
beginning of any trip on which it declares into the U.S./Canada 
Management Area. This notification will ensure that the desired level 
of observer coverage can be achieved. Once declared into a specific 
area, a vessel may not fish outside of that area for the remainder of 
that fishing trip. Vessels making a trip in the U.S./Canada Management 
Area are required to report their GB cod, GB haddock, and GB yellowtail 
flounder catches (including discards) through their VMS on a daily 
basis. Because these are ``hard'' TACs, and any overages in a given 
year must be paid back in a lower TAC for that stock in the next 
fishing year, it is essential that catches be reported in a timely 
manner. Groundfish vessels not under DAS are not subject to the VMS 
requirement. To ensure enforceability of the Understanding, all 
groundfish vessels fishing with a VMS will be polled at least twice per 
hour when fishing in one of the U.S./Canada Management Areas.
    As an incentive to fish on the shared stocks in the Eastern U.S./
Canada Area, DAS will not be counted until the vessel crosses the 
boundary line into that Area. To reduce bycatch of cod and other 
species, all groundfish trawl vessels fishing in the Eastern U.S./
Canada Area, but not the Western U.S./Canada Area as specified in the 
proposed rule, are also required to fish with, and have on board only, 
either a flatfish net and/or

[[Page 22913]]

a haddock separator trawl, which are defined in this final rule. After 
further review of Amendment 13 and the comments submitted by the 
Council, the intent of the gear restrictions is to ensure that the 
U.S./Canada TACs are not exceeded. Because both the flounder net and 
haddock separator trawl are designed to affect cod selectivity, and 
because the cod TAC is specific to the Eastern U.S./Canada Area only, 
application of this gear requirement to the Western U.S./Canada Area is 
not necessary to achieve the stated goal. The definitions of the 
separator trawl and flatfish nets have been revised based on public 
comment.
    This rule implements a cod trip limit within the Eastern U.S./
Canada Area of 500 lb (227 kg)/DAS, up to 5,000 lb (2,270 kg)/trip, not 
to exceed 5 percent of the total catch, whichever is less, for all 
groundfish permitted vessels, unless further restricted, to create an 
incentive to avoid catching cod.
    Amendment 13 provides that, when specified portions of the TACs 
have been harvested, reduced trip limits will be imposed for all 
groundfish permitted vessels to slow the harvest of any stock that is 
approaching its TAC. When 70 percent of a specified stock is projected 
to be caught, and catch rates indicate that the TAC for that stock will 
be caught by the end of the fishing year, the following trip limits 
will go into place: Haddock: 1,500 lb (680 kg)/day, 15,000 lb (6,804 
kg)/trip; yellowtail flounder: 1,500 lb (680 kg)/day, 15,000 lb (6,804 
kg)/trip. When 100 percent of a shared stock TAC is projected to be 
caught, the Eastern U.S./Canada Area will be closed to all groundfish 
DAS vessels, unless a SAP allows some fishing in the area on a specific 
stock and under conditions specified for that SAP. The Western U.S./
Canada Area will not be closed, but may have other restrictions 
imposed, such as trip limits, as necessary, as the GB yellowtail 
flounder TAC is approached.
    The U.S./Canada Management Area measures will remain in place until 
altered through one of two procedures. For periodic adjustments, the 
Regional Administrator, through rulemaking consistent with the APA, may 
adjust gear requirements, modify access to fishing within the U.S./
Canada Management Areas, and/or adjust trip limits to attempt to 
achieve, but not exceed, the annual TACs. Inseason adjustments by the 
Regional Administrator may be made at the points when 30 percent and 60 
percent of the TACs for each of the relevant stocks are projected to 
have been harvested. In addition, the Regional Administrator, in 
consultation with the Council, can withdraw from provisions of the 
Understanding if the provisions are determined by the Regional 
Administrator to be inconsistent with the provisions of the Magnuson-
Stevens Act or other applicable law, or with the goals and objectives 
of the FMP. If the Regional Administrator withdraws from the 
Understanding, all management measures in place at that time will 
remain in place until changed through appropriate procedures under the 
FMP or the Magnuson-Stevens Act.
    Other existing fisheries prosecuted in the U.S./Canada Management 
Areas are unaffected by the Understanding measures, except that 
landings of GB cod, GB haddock, and GB yellowtail flounder caught in 
the U.S./Canada Management Areas will be counted against the 
Understanding TACs, regardless of gear type used.
13. SAPs
    A SAP represents a narrowly defined fishery that is prosecuted in 
such a way as to avoid or minimize impacts on groundfish stocks of 
concern, as well as minimize bycatch and impact on EFH. Amendment 13 
implements two SAPs that allow fishing for regulated groundfish without 
compromising efforts to rebuild overfished stocks or end overfishing of 
regulated multispecies.
    CA II Yellowtail Flounder SAP. This SAP is intended to allow 
harvesting of GB yellowtail flounder. Vessels may fish in the CA II 
Yellowtail Flounder SAP, using B DAS, under the following conditions 
and restrictions. From June 1 through December 31, vessels may make up 
to two trips per month into the CA II Yellowtail Flounder Access Area 
to target yellowtail flounder. Because this SAP lies within the Eastern 
U.S./Canada Area, vessels fishing in this SAP are subject to the VMS, 
reporting, observer deployment, and gear requirements of the 
Understanding. DAS will be counted starting when the vessel crosses the 
boundary into the Eastern U.S./Canada Area and will end when the vessel 
crosses the boundary when leaving the Eastern U.S./Canada Area. In 
addition, vessels are limited to 30,000 lb (13,608 kg) of yellowtail 
flounder per trip; the cod trip limit will be one fifth of the cod 
landing limit specified for the Eastern U.S./Canada Area (i.e., one 
fifth of 500 lb (227 kg) of cod per DAS, or 100 lb (45.4 kg) per DAS), 
not to exceed 5 percent of the total catch on board; and the total 
number of trips into the SAP in a fishing year will be limited to 320. 
The Regional Administrator has broad authority to modify possession 
restrictions and trip limits under this SAP.
    SNE/MA Winter Flounder SAP. This SAP is intended to reduce discards 
of SNE winter flounder in the summer flounder fishery. Under this SAP, 
a vessel fishing for summer flounder west of 72[deg]30' W. long.; using 
mesh authorized by the Fishery Management Plan for the Summer Flounder, 
Scup, and Black Sea Bass Fisheries; and not fishing on a groundfish 
DAS; may possess and land up to 200 lb (90.7 kg) of winter flounder, 
subject to the following restrictions: (1) The vessel must possess a 
valid Federal summer flounder permit; (2) the weight of winter flounder 
may not exceed the weight of summer flounder on board; (3) while in the 
program, the vessel may not fish on a groundfish DAS; (4) all fishing 
must take place west of 72[deg]30' W. long.; and (5) possession and/or 
landing of other regulated groundfish species is prohibited.
14. EFH Measures
    These measures are intended to minimize impacts of the groundfish 
fishery on EFH to the maximum extent practicable. Amendment 13 
designates portions of the year-round closed areas, as well as new 
areas, as level 3 habitat closed areas. A level 3 habitat closed area 
is defined as an area that is closed indefinitely, on a year-round 
basis, to all bottom-tending mobile gear. Following are the EFH Closure 
Areas implemented by this final rule: The WGOM Habitat Closure Area; 
the Cashes Ledge Habitat Closure Area; the Jeffrey's Bank Habitat 
Closure Area; the CA I North Habitat Closure Area; the CA I South 
Habitat Closure Area; the CA II Habitat Closure Area; and the Nantucket 
Lightship Habitat Closure Area. Other measures not specifically 
designed to minimize impacts on EFH, but that would have benefits in 
terms of minimizing impacts on EFH, are also relied upon to meet the 
EFH provisions of the Magnuson-Stevens Act.
15. Reporting Requirements
    Dealer Reporting. Dealers are required to report daily, once an 
electronic dealer reporting system is developed and implemented by 
NMFS. Dealers will be required to report the current set of data 
elements for all fish purchases; the disposition of the landings; and a 
trip identifier, which would be reported by all parties in the 
transaction. Electronic dealer reporting requirements for all dealers 
are anticipated to be implemented by May 1, 2004, through a separate 
rulemaking.
    Vessel Reporting. Once a viable electronic system becomes available 
for reporting by vessels, that system will replace the current VTR 
system. Vessels

[[Page 22914]]

will be required to report all of the information currently required by 
the VTR, as well as a password, a trip identifier, and landings 
information by statistical area for each trip. Reports will be required 
to be submitted at least at the current statistical area level of 
reporting. Vessels will have the option of using any approved, viable 
electronic means possible to report this information. The trip 
identifier will be required to be reported by all parties in the 
transaction. Implementation of electronic vessel reporting will be 
accomplished through a separate, future rulemaking.
16. Sector Allocation
    Under Amendment 13, a sector of the groundfish fishery may develop 
a plan, based on an allocation of allowable catch or effort (DAS), that 
only members of the sector can participate in. This provides 
flexibility to the industry and encourages stewardship of the resource 
and less need for Council and NMFS involvement, so long as certain 
criteria are adhered to, including FMP objectives and Magnuson-Stevens 
Act requirements. Under this process, a self-selected group of 
groundfish permit holders may agree to form a sector and submit a 
binding plan for management of that sector's allocation of catch or 
effort. Allocations to a sector may be based either on catch, through 
TACs requiring closure of a fishery upon reaching the TAC (hard TAC); 
or on effort (DAS), with target TACs specified for the sector. Vessels 
within the sector are allowed to pool harvesting resources and 
consolidate operations in fewer vessels, if they desire. A primary 
motivation for the formation of a sector is the assurance that members 
of the sector will not face reductions of catch or effort as a result 
of the actions of vessels outside of the sector (i.e., if the other 
vessels exceed their target TACs). The final rule is revised, based on 
public comment, to provide the Regional Administrator the authority to 
exempt members of a sector from regulations that apply to the fishery 
at-large, if they are in conflict with a sector's approved operations 
plan.
    Formation of a Sector. Participation in a self-selecting sector is 
voluntary. Vessels that do not choose to join a sector remain in the 
common pool of vessels and fish under the regulations governing the 
remainder of the fishery. In order to form a sector, the sector 
applicant(s) must submit to the Council, at least 1 year prior to the 
date that it plans to begin operation, a proposal requesting that the 
Council initiate a framework adjustment to authorize an allocation of 
catch or effort, subject to compliance with general requirements 
described below and any analytical documents necessary to comply with 
the National Environmental Policy Act (NEPA). If the Council and NMFS 
publish and ultimately approve the framework action, the sector is 
required to submit a legally binding plan of operations (operations 
plan) for the sector, in accordance with the provisions specified in 
Sec.  648.87(b)(2), to the Council and to the Regional Administrator. 
Once the operations plan is deemed complete, NMFS will solicit public 
comment on the operations plan through publication of a notice of 
proposed rulemaking in the Federal Register. Upon consideration of the 
comments received, the Regional Administrator will approve or 
disapprove the operations plan through publication of a final 
determination consistent with the APA.
Movement Between Sectors
    Each sector may set its own rules with regard to movement between 
sectors, which must be contained in the operations plan. Once a vessel 
signs a binding contract to participate in a sector, that vessel is 
required to remain in the sector for the remainder of the fishing year. 
In the situation where a sector is implemented in the middle of the 
fishing year, vessels that fish under the DAS program outside the 
sector allocation in a given fishing year may not participate in a 
sector during the same fishing year, unless the operations plan 
provides for an acceptable accounting for DAS used prior to 
implementation of the sector. If a permit for a vessel participating in 
a sector is transferred during the fishing year, the new owner must 
also comply with the sector regulations for the remainder of the 
fishing year. Vessels removed from a sector for violation of the sector 
rules are not eligible to fish under the NE multispecies regulations 
for the remainder of the fishing year.
    General Requirements for All Sector Allocation Proposals. 
Allocation of fishery resources to a sector is based on documented 
accumulated landings for the 5-year period prior to submission of a 
sector allocation proposal to the Council, of each participant in the 
sector. Any allocations of GB cod for fishing years 2004 through 2007 
must be based upon a proposed sector's documented accumulated landings 
during the 1996 through 2001 fishing years, but no sector may be 
allocated more than 20 percent of a stock's TAC. Once an allocated TAC 
is projected to be attained, sector operations will be terminated for 
the remainder of the fishing year. If, in a particular fishing year the 
sector exceeds its TAC, the sector's allocation will be reduced by the 
amount of the overage in the following fishing year. If the sector does 
not exceed its TAC, but other vessels in the general pool do, the 
sector's quota in the following year will not be reduced as a result of 
such overages. Sectors may participate in SAPs in accordance with the 
rules of the SAP.
    GB Cod Hook Gear Sector. Amendment 13 authorizes a sector 
allocation for the GB Cod Hook Gear Sector. Therefore, the GB Cod Hook 
Gear Sector will be allocated a maximum of 20 percent of the GB cod TAC 
for each fishing year for which an operations plan is approved. 
Participating vessels will be required to use only hook gear. For each 
fishing year, the sector's allocation of the GB cod TAC, up to the 
maximum of 20 percent of the total GB cod TAC, will be determined by 
calculating the percentage of all landings of GB cod made by the 
participating vessels, based on their landings histories for the 
qualifying period of 1996-2001. This calculation will be performed as 
follows: (1) The accumulated landings of GB cod by the sector 
participants for the 6 fishing years 1996-2001 will be summed; (2) the 
accumulated landings of GB cod by all vessels (sector participants and 
non-participants) during the 6 fishing years 1996-2001 will be summed; 
(3) the accumulated landings of GB cod by the sector participants from 
1996-2001 will then be divided by the accumulated landings of GB cod by 
all vessels for 1996-2001; this will result in the percentage of the GB 
cod TAC for the next fishing year that will be allocated to the sector 
(up to 20 percent of the total GB cod TAC). This procedure will be 
repeated for each fishing year, using the landings history of GB cod by 
the sector participants from 1996-2001, and the GB cod TAC for that 
fishing year. If, in a particular fishing year, the sector exceeds its 
TAC, the sector's allocation will be reduced by the amount of the 
overage in the following fishing year. When the GB cod TAC is reached, 
participants in the sector will be prohibited from using any fishing 
gear that is capable of harvesting groundfish for the remainder of the 
fishing year. Participating vessels may only harvest groundfish in the 
GB Cod Hook Sector Area (statistical areas 521, 522, 525, 526, 533, 
534, 537, 538, 539, 541, 542, 543, 561, and 562). Leasing of DAS during 
the fishing year may occur among sector participants only. The 
applicant is required to submit its operations plan to the Council and 
NMFS for approval and public

[[Page 22915]]

notification prior to its implementation. Because of this process, the 
GB Hook Sector cannot be implemented until after May 1, 2004. In order 
to constrain effort in the fishery to the necessary levels, and because 
the sector would be based on a hard TAC allocation, any vessel that had 
fished a groundfish DAS during fishing year 2004, prior to the 
implementation of the sector, will not be allowed to participate in the 
sector for the first year, unless the operations plan provides for an 
acceptable accounting for DAS used prior to implementation of the 
sector. New participants may join the sector at the beginning of a new 
fishing year, but once in the sector, a vessel must stay in the sector 
for the entire duration of the sector specified in the operations plan.
17. Closed Area Rationale
    When any new closed areas are adopted, the Council must define the 
intent and specific purpose for the closure and explicitly describe the 
duration of the closure, who can fish in the closed area, and who 
cannot fish in the closed area.
18. Frameworkable Items
    The following management measures may be adjusted through a 
framework action, in addition to those measures previously identified 
as framework measures in the FMP:
    Revisions to status determination criteria, including, but not 
limited to, changes in the target fishing mortality rates, minimum 
biomass thresholds, numerical estimates of parameter values, and the 
use of a proxy for biomass;
    DAS allocations (such as the category of DAS under the DAS reserve 
program), DAS baselines, etc.;
    Modifications to capacity measures, such as changes to the DAS 
transfer or DAS leasing measures;
    Calculation of area-specific TACs, area management boundaries, and 
adoption of area-specific management measures;
    Sector allocation requirements and specifications, including 
establishment of a new sector;
    Measures to implement the U.S./Canada Resource Sharing 
Understanding, including any specified TACs (hard or target);
    Changes to administrative measures;
    Additional uses for regular B DAS;
    Future uses for C DAS;
    Reporting requirements;
    The GOM Inshore Conservation and Management Stewardship Plan;
    GB cod gillnet sector allocation;
    Allowable percent of TAC available to a sector through a sector 
allocation;
    Categorization of DAS;
    DAS leasing provisions;
    Adjustments for steaming time;
    Adjustments to the Handgear Only permits;
    Gear requirements to improve selectivity, reduce bycatch, and/or 
reduce impacts of the fishery on EFH;
    SAP modifications; and
    Anything else analyzed with respect to Amendment 13.
19. MSY Control Rules
    An MSY control rule is intended to provide management advice to the 
Council as to what the appropriate fishing mortality rate (F) would be 
at a given stock size. Under Amendment 13, the MSY control rule for all 
stocks, with the exception of Atlantic halibut, is: The F calculated to 
rebuild the stock to Bmsy in 10 years, when \1/2\ Bmsy < B < B target. 
For Atlantic halibut, the MSY control rule is: F = 0 until the stock is 
rebuilt (provisional control law). Due to insufficient information, it 
is not possible to develop a formal rebuilding program for Atlantic 
halibut; therefore, Amendment 13 contains a provisional control rule 
that reduces fishing mortality on halibut to as close to zero as 
possible. Amendment 9 (64 FR 55821; October 15, 1999) added Atlantic 
halibut to the species managed under the FMP and implemented a one-fish 
possession limit and set a minimum size of 36 inches (66 cm). This 
limit is intended to stop directed fishing on halibut without requiring 
wasteful discarding by vessels that incidentally catch an occasional 
halibut.
20. Overfishing Definitions
    Amendment 13 clarifies and revises the overfishing definitions for 
groundfish stocks to be consistent with the National Standard 
Guidelines (National Standard 1). A stock is considered overfished when 
the size of the stock or stock complex in a given year falls below the 
minimum stock size threshold or reasonable proxy thereof, and 
overfishing is considered to be occurring when the fishing mortality 
rate exceeds the maximum fishing mortality threshold for a period of 1 
year. The status determination criteria for the minimum biomass 
thresholds is increased to at least half of the target biomass levels.
21. Target TACs
    The management measures implementing Amendment 13 are intended to 
achieve the target TACs shown in Table 2 for calendar years 2004, 2005, 
and 2006. The 2006 target TACs will remain in place through the 
remainder of the rebuilding program, unless otherwise modified through 
a future Council action.

                       Table 2.--Target TACs for Calendar Years 2004-2006, in Metric Tons
----------------------------------------------------------------------------------------------------------------
                   Species                                   Stock                  2004       2005       2006
----------------------------------------------------------------------------------------------------------------
Cod..........................................  GB..............................      3,949      4,830      6,361
                                               GOM.............................      4,850      6,372      7,470
Haddock......................................  GB..............................     24,855     27,692     31,866
                                               GOM.............................      4,831      4,735      4,642
Yellowtail flounder..........................  GB..............................     11,713     11,341     11,599
                                               SNE/MA..........................        707      1,982      3,325
                                               CC/GOM..........................        881      1,233      1,034
American plaice..............................  ................................      3,695      3,625      3,015
Witch flounder...............................  ................................      5,174      6,992      7,667
Winter flounder..............................  GB..............................      3,000      3,000      3,000
                                               GOM.............................      3,286      2,634      2,205
                                               SNE/MA..........................      2,860      3,550      4,445
Redfish......................................  ................................      1,632      1,725      1,803
White hake...................................  ................................      3,839      3,822      3,805
Pollock......................................  ................................     10,584     10,584     10,584
Windowpane flounder..........................  North...........................        534        534        534
                                               South...........................        285        273        262
Ocean pout...................................  ................................         77         77         77

[[Page 22916]]


Atlantic halibut.............................  ................................         NA         NA         NA
----------------------------------------------------------------------------------------------------------------

22. Change to Minimum Enrollment Requirement for Fishery Exemption 
Programs
    Amendment 13 reduces the minimum enrollment requirement for five of 
the six existing fishery exemption/authorization programs from 30 days 
to 7 days, and establishes a minimum enrollment requirement of 7 days 
for one program where a minimum enrollment period is currently not 
specified. The following exemption/authorization programs previously 
contained a minimum enrollment requirement of 30 days: (1) The GOM Cod 
Landing Limit Exemption Program; (2) the Monkfish Southern Fishery 
Management Area Landing Limit and Minimum Fish Size Exemption Program; 
(3) the Skate Bait-only Possession Limit Exemption Program; (4) the 
yellowtail flounder landing limit north of 40[deg]00' N. lat. in the 
GOM/GB RMA; and (5) the yellowtail flounder landing limit north of 
40[deg]00' N. lat. in the SNE/MA RMA. The Nantucket Lightship Party/
Charter Exemption Program does not currently specify a minimum 
enrollment requirement. The two yellowtail flounder possession 
authorization programs is revised by Amendment 13 and also has a 7-day 
minimum enrollment requirement.
23. Policy on Cooperative Research
    Because allocation of DAS is based on a vessel's historical DAS 
use, Amendment 13 establishes a policy that a vessel would not lose 
allocated DAS due to its participation in a research project or 
experimental fishery, if that participation can be adequately 
documented. If a permit holder believes that allocation of DAS under 
Amendment 13 has been limited by the vessel's participation in a 
research project or experimental fishery, the permit holder may provide 
to the Regional Administrator documentation to substantiate the time 
the vessel spent participating in a research project(s) that was not 
considered in the Amendment 13 DAS allocation. The Regional 
Administrator will consider such requests on a case-by-case basis, 
review the information submitted, and consider adjusting that vessel's 
A DAS allocation accordingly.

Comments and Responses

    A total of 4,941 comments on the proposed rule and the Amendment 
were received by the close of business on February 27, 2004, the 
majority of which were two form letters drafted principally by 
environmental organizations, with minor modifications and signatures 
added by the individual commenters. A total of 162 other comments were 
received from individuals and organizations. This section of the final 
rule lists the principal comments that pertained to Amendment 13 and 
the proposed rule and the responses of the NMFS. An additional 1,242 
comments, submitted by the Ocean Conservancy on behalf of its members 
and activists, were received by NMFS on March 16, 2004. In its cover 
letter, the Ocean Conservancy explained that these additional letters 
were faxed to the Agency on February 27, 2004, but were not received 
due to an overload of incoming faxes. All of the issues raised in these 
additional comment letters were raised by others and are addressed 
below in the response to comments.
    Comment 1: A total of 126 commenters from the charter/party or 
private recreational sectors supported the proposed private 
recreational and party/charter bag limits of 10 cod and unrestricted 
haddock, as well as the proposed minimum size limits for cod and 
haddock (22 and 19 inches (55.9 and 48.1 cm), respectively). Commenters 
believe that the new limits allow the opportunity to catch reasonable 
amounts of cod and haddock and that the recreational catch and impact 
is small in comparison to the impact of the commercial sector. Two 
commenters did not support the private recreational and party/charter 
bag limits, and believe they should be reduced instead of increased. 
One commenter did not support the reduction in minimum size for cod.
    Response: The principal goals of the recreational measures are to: 
(1) Decrease the fishing mortality on GOM cod, and (2) enable 
recreational fishing vessels to benefit from the rebuilding of the 
haddock stock. The means of achieving reductions in fishing mortality 
on GOM cod by the charter/party sector is imposition of a cod bag limit 
in the GOM. The bag limit of 10 cod per person per day for party/
charter vessels fishing in the GOM RMA is more restrictive than the no-
action alternative, which would not have restricted cod catch at all 
for party/charter vessels. The Amendment 13 analysis indicates that the 
recreational measures will result in a decrease in both numbers and 
weight of cod landed, when compared to the no-action alternative. NMFS 
determined that the bag limit is appropriate because it will reduce 
fishing mortality on GOM cod, yet will still allow charter/party 
vessels to attract passengers and remain in business. Reduction of the 
minimum length requirements for cod and haddock to 22 inches and 19 
inches (55.9 and 48.3 cm), respectively, results in the elimination of 
the discrepancy in minimum size restrictions applied to the commercial 
sector, the charter/party sector and the private recreational sector. A 
10 cod/person/day limit for the charter/party sector in the GOM makes 
the cod limit in the GOM the same for both the charter/party and the 
private recreational sectors. The impact of implementing the GOM cod 
bag limit on a per-person-per-day basis could not be evaluated using 
available data. Because recreational data for haddock are minimal, 
recreational fishing mortality of haddock is not included in the total 
estimates of fishing mortality for haddock.
    Comment 2: One commenter did not agree with the definition of 
multiple day trips as any trip in excess of 15 hours and covering 2 
consecutive calendar days.
    Response: NMFS considers the definition of a multiple-day trip to 
be appropriate because it reflects current industry practices, it 
includes relevant criteria (trip duration and calendar days fished), 
and it specifies reasonable values for those criteria, such that 
recreational landings will be kept within acceptable levels.
    Comment 3: One commenter did not support the creation of the 
limited access Handgear A permit and two commenters supported its 
creation. One commenter did not support allowing limited access 
Handgear A permits to be transferred without size restrictions. One 
commenter did not support the reduction in trip limit for cod for the 
open access handgear category. One commenter felt that the handgear 
permit rules should be subject to change through a framework action.

[[Page 22917]]

    Response: NMFS has concluded that the creation of the limited 
access Handgear A permit is justified. The objective of the creation of 
the limited access Handgear A permit category is to control 
participation in the handgear fishery in order to limit its potential 
expansion, and therefore limit the potential for an increase in fishing 
effort. Amendment 13 states that, although relatively few open access 
Handgear vessels landed cod, haddock, or pollock, and very few landed 
more than 500 lb (226.8 kg), there exists the potential for the total 
effort associated with such vessels to increase due to the large 
numbers of permits, the fact that the fishery has been open access, and 
the fact that the activity by open access permits has been increasing. 
Allowing limited access Handgear A permits to be transferred without 
size restrictions is not likely to increase fishing power 
significantly. Therefore this action would not undermine the objectives 
of the permit category, due to the relatively small number of vessels 
that are expected to qualify for a limited access Handgear A permit, 
and because such vessels are restricted to using handgear, for which 
effort is not highly correlated to the size of the vessel. The reduced 
cod trip limit for open access Handgear A vessels is justified due to 
the need to reduce fishing mortality on both the GOM and GB stocks of 
cod. Under Amendment 13, the trip limit restrictions for regulated 
multispecies (other than cod) that apply to vessels with an open access 
Handgear permit are the same as the restrictions that apply to vessels 
with a limited access Handgear A permit. The restrictions associated 
with the handgear permits can be changed by a framework action.
    Comment 4: One commenter supported the elimination of the area 
restriction for the northern shrimp fishery, one commenter did not 
support elimination of the area restriction, and one commenter stated 
that the assessment of bycatch in the northern shrimp fishery in 
Amendment 13 is inadequate.
    Response: The Amendment 13 analysis of the bycatch in the northern 
shrimp fishery is based on research conducted by the Maine Department 
of Marine Resources (which quantifies the bycatch of regulated species 
and whiting), and concludes that, although the impacts of eliminating 
the area restriction on this fishery cannot be estimated with 
certainty, they should be minimal. The required use of the Nordmore 
grate, which remains in effect, minimizes the catch of regulated 
multispecies in this fishery. Although the bycatch of whiting may be 
significant, the northern stock of whiting is rebuilt and the removal 
of the area restriction on the northern whiting fishery is not likely 
to impair management of that species.
    Comment 5: One commenter did not support providing access for 
vessels fishing with tuna purse seine gear to CA I, CA II, and the 
NLCA, and one commenter supported such access.
    Response: The objective of this measure is to provide greater 
flexibility to tuna purse seine vessels while still protecting 
groundfish. The Amendment 13 analysis concludes that, although 
groundfish bycatch may increase very slightly, the impacts will not be 
significant due to the low numbers of vessels in the fishery (five), 
the limited fishing season, and the method of fishing. Fishing in these 
areas by tuna purse seine vessels may shift the location of where 
bycatch in this fishery is caught, but not increase bycatch over recent 
levels. Several years of experimental fishing by tuna purse seiners in 
groundfish closed areas has supported the conclusion that such access 
will have minimal impacts on non-target species.
    Comment 6: Four commenters felt that the proposed addition of clam 
dredges to the list of gears excluded from the NLCA was not justified 
because of the value of the surfclam and ocean quahog resource in the 
NLCA, and their belief that exclusion of the gear from this area would 
not have positive benefits for either groundfish EFH or the rebuilding 
of the groundfish fisheries. The commenters support full access to the 
NLCA based on best scientific information. One commenter felt that the 
exclusion of dredge gear from the area gives preference to the 
groundfish fishery over the surfclam and ocean quahog industry and is 
therefore a violation of National Standard 4.
    Response: The effect of the measures in the proposed rule would 
have been to exclude clam dredges from all portions of the NLCA. NMFS 
agrees that the Amendment 13 does not analyze the prohibition of clam 
dredges in the NLCA outside of the Nantucket Lightship Habitat Closure 
Area and that there is no evidence that the proposed exclusion would 
provide meaningful positive benefits to groundfish, and consequently 
has disapproved the measure excluding clam dredges in the portion of 
the NLCA closed exclusively to protect groundfish. However, Amendment 
13 does analyze the prohibition of clam dredges in the habitat closed 
areas as part of a level 3 closure (closed to all bottom-tending mobile 
gear). This prohibition is part of the strategy for protecting 
vulnerable EFH located within the habitat closed area and is not for 
bycatch reduction purposes. The best available science was utilized in 
the analysis supporting this measure. The conclusion of the Northeast 
Gear Effects Workshop was that hydraulic clam dredges have a high 
impact on physical and biological structure of benthic habitat in sandy 
substrates. It was determined that recovery of physical structures 
could range from days to months, and that recovery of biological 
structures could range from months to years, depending upon the 
background energy of the environment. These conclusions are supported 
by existing research, as summarized in the fishing gear effects section 
of Amendment 13. In terms of overall regional priorities for management 
of fishing impacts on EFH, it was concluded that otter trawls and 
scallop dredges are a higher overall priority because of their wider 
geographic use over a wider variety of substrate types. However, it was 
agreed that localized effects could be very significant if the dredged 
area is productive habitat for one or more managed fish resources, or 
if the area coincides with strong settlement of larval fish. The EFH 
vulnerability analysis conducted for Amendment 13 shows that 9 New 
England managed species, comprising 17 distinct life stages, are 
moderately or highly vulnerable to hydraulic clam dredges. 
Vulnerability was based upon the known impacts of the gear type, the 
potential for lost habitat function, the sensitivity of the habitat to 
disturbance, and the overlap of gear usage with EFH. In addition, 
Amendment 13 concludes that adverse and potentially adverse impacts 
from hydraulic clam dredges occurs primarily in the Mid-Atlantic and 
secondarily in southern New England, on sand substrates. The Nantucket 
Lightship Habitat Closed Area contains vulnerable EFH for most of these 
species. Prohibition of all types of bottom-tending mobile gear in this 
closed area is necessary to provide the most effective protection to 
this vulnerable EFH. Exemption of clam dredges in the habitat closed 
area would negate most, if not all, of the habitat benefits, rendering 
the closed area strategy ineffective and therefore impracticable. The 
environmental and socio-economic impacts of the habitat closed areas 
were analyzed as part of Amendment 13 and were considered in the 
approval decision. The exclusion of clam dredges from the Nantucket 
Lightship Habitat Closure Area is not a violation of National Standard 
4 because

[[Page 22918]]

it is necessary to achieve the desired EFH protection and since other 
bottom-tending mobile gear is also prohibited in all of the habitat 
closure areas.
    Comment 7: One commenter recommended disapproval of a portion of 
the Nantucket Lightship Habitat Closure Area that is subject to a level 
3 habitat closure (closed to bottom-tending mobile gear). Specifically, 
the commenter was concerned about the trapezoid-shaped area that lies 
outside of the current NLCA.
    Response: Disapproval of a portion of the proposed Nantucket 
Lightship Habitat Closure Area would constitute a modification to the 
configuration of that area and undermine the objectives of providing 
EFH protection. Although Amendment 13 analyzed the aggregate economic 
and biological impacts of various combinations of habitat closure 
areas, the configuration that the commenter supports was not part of 
the alternative adopted by the Council, analyzed in Amendment 13, and 
considered by the public and, therefore, there is no basis to support 
the commenter's claims. Therefore, the measure is consistent with 
applicable law.
    Comment 8: One commenter supported the proposed exemption that 
would allow fishing by shrimp trawl vessels in the WGOM Habitat Closure 
Area.
    Response: NMFS has disapproved the measure that would allow shrimp 
trawlers to fish in the WGOM Habitat Closure Area, as discussed and 
justified in the preamble to this final rule under ``Disapproved 
Measures.''
    Comment 9: Five commenters supported approval of all four proposed 
SAPs in order to provide economic opportunity to the industry to 
harvest groundfish stocks at a more optimal level.
    Response: NMFS agrees that allowing for SAPs is important for the 
reasons stated. However, in order for a SAP to be approved, it must 
comply with the objectives of the FMP, National Standards, and all 
applicable laws. The premise for a SAP is that, if specific fisheries 
for healthy stocks of groundfish can be identified that do not 
undermine achievement of the goals of the FMP, fishing under certain 
restrictions within a SAP can be allowed. Prior to NMFS approval, a SAP 
must be fully developed and the analysis of its impacts must 
demonstrate that the SAP is consistent with the objectives of the FMP, 
as well as enforceable. The CA II Yellowtail Flounder SAP and the SNE/
MA Winter Flounder SAP meet these criteria, and were therefore approved 
in Amendment 13 and implemented by this final rule. The CA II Haddock 
SAP and the CA I Hookgear Haddock SAP, however, do not meet one or more 
of these criteria and were, therefore, disapproved, as discussed more 
fully in the preamble to this final rule under ``Disapproved 
Measures.''
    Comment 10: The Council submitted comments of a technical nature 
suggesting clarifications to the proposed regulations. The U.S. Coast 
Guard also submitted a technical comment. These included suggested 
additional definitions of terms, and clarifications to or additions of 
additional regulatory language.
    Response: NMFS agrees with most of the suggested clarifications and 
has made these changes in this final rule. The specific changes are 
identified in this preamble under ``Changes to the Proposed Rule.''
    Comment 11: Three commenters noted that the proposed rule would 
alter the frequency of VMS polling to twice per hour (from once per 
hour) for groundfish DAS vessels, once a vessel has elected to fish in 
the U.S./Canada Management Areas, regardless of whether or not the 
vessel is fishing in the U.S./Canada Management Areas. The commenters 
stated that this is not an Amendment 13 requirement, and is therefore 
not justified. A commenter further stated that polling twice per hour 
in the U.S./Canada Management Areas only is unjustified, given that 
vessels must declare into these areas, and that the areas are large.
    Response: NMFS agrees that groundfish DAS vessels that are required 
to utilize VMS should not be required to pay for being polled twice per 
hour when not fishing in the U.S./Canada Management Areas, and has 
removed this restriction in this final rule. However, the requirement 
that vessels must pay for polling twice per hour when fishing in the 
U.S./Canada Management Areas has not been removed to enhance 
enforcement of the Understanding. Despite the large size of the U.S./
Canada Management Area, there remains the potential for vessels fishing 
near the perimeters of this area to fish in both portions of this area 
(Eastern and Western) and/or to fish outside the area. In order to 
monitor the TAC in the U.S./Canada Management Area, it is critical that 
NMFS has a system to track the location of fishing vessels. Decreasing 
the time interval between polls paid by vessels enhances NMFS's 
monitoring of the fishing activity in his area.
    Comment 12: The Council commented that, should the cod possession 
limit for vessels fishing under a limited access Handgear A permit be 
adjusted in proportion to a change in the GOM trip cod trip limit for 
DAS vessels, as allowed under this final rule, this adjustment should 
be rounded up to the nearest 50 lb (22.7 kg) in order to facilitate 
compliance with, and enforcement of, the adjusted trip limit. The 
Council also recommended that, if the cod possession limit for open 
access Handgear permits is adjusted in proportion to a change in the 
GOM cod trip limit for DAS vessels, this adjustment be rounded up to 
the nearest 25 lb (11.3 kg).
    Response: NMFS has made these revisions to this final rule.
    Comment 13: Two commenters did not support a provision in the 
proposed rule that would require DAS leasing applicants to include on 
the lease application the amount of money for which the DAS are being 
leased. The commenters felt that disclosure of such information is an 
infringement on the privacy of the applicants.
    Response: Information about the value of a leased DAS is very 
important to future efforts to understand the impacts of the DAS 
Leasing Program and to evaluate whether the program is successful in 
providing flexibility to the industry. A more thorough understanding of 
the economics of the groundfish fishery will enable managers to analyze 
the economic impacts of fishery regulations more accurately. This 
requirement is consistent with Secretarial authority under the 
Magnuson-Stevens Act. Only aggregated information on the price paid for 
DAS leased will be made public. Specific information contained in an 
application will remain confidential.
    Comment 14: One commenter suggested that, after a DAS lease has 
been approved by NMFS, a provision should be created to allow a lessee 
to return DAS to the lessor(s) in the event of exceptional 
circumstances, such as the sinking of the lessee vessel.
    Response: Amendment 13 did not propose such a provision. 
Furthermore, such a provision would require NMFS to incur additional 
costs to develop and maintain additional data management capabilities 
and administrative procedures to support a DAS transaction that is 
expected to be relatively rare and, therefore, not justified under 
National Standard 7.
    Comment 15: Four commenters did not support the requirement that 
vessels fishing in the U.S./Canada Management Area be prohibited from 
fishing outside this area on a particular trip. Some suggested that 
vessels be allowed to fish in both the Western and Eastern areas on the 
same trip, while others suggested

[[Page 22919]]

that the restriction apply only to the Eastern U.S./Canada Area.
    Response: The requirement that a vessel fish in either the Eastern 
or Western U.S./Canada Area, and no other area on a particular trip, is 
necessary to monitor and enforce the catches of cod, haddock, and 
yellowtail flounder accurately and to attribute these catches to the 
particular area in which they were caught. If a vessel were allowed to 
fish both outside and inside one of the U.S./Canada Management Areas, 
it would be extremely difficult to assess the amount of each species 
caught in the respective areas and to enforce related measures. Catches 
must be accurately attributed to either the Eastern or Western U.S./
Canada Area because the TACs are area-specific. In addition, because 
the Eastern and Western U.S./Canada Areas are subject to different trip 
limits and gear restrictions, allowing vessels to fish in both areas on 
a single trip would make enforcement of these restrictions impossible.
    Comment 16: Five commenters noted that the requirement to use 
either a haddock separator trawl or a flounder net should apply only to 
the Eastern U.S./Canada Area and not to both the Eastern and Western 
U.S./Canada Areas, because the intent of the requirement is to achieve, 
but not exceed, the cod, haddock, and yellowtail TACs under the U.S./
Canada Understanding. They noted that the cod and haddock TACs apply 
only to the Eastern U.S./Canada Area. One commenter noted that the 
requirement to utilize these gears in the Western U.S./Canada Area 
would result in large losses of flounders, monkfish, pollock, and other 
species.
    Response: NMFS has made the suggested change in this final rule. 
Although Amendment 13 includes conflicting information with regard to 
the scope of the net requirements, it is clear from Amendment 13 and 
comments submitted by the Council that the intent of the gear 
restrictions is to ensure that the U.S./Canada TACs are not exceeded. 
Because both the flounder net and haddock separator trawl are designed 
to affect cod selectivity, and because the cod TAC is specific to the 
Eastern U.S./Canada Area only, application of this gear requirement to 
the Western U.S./Canada Area is not necessary to achieve the stated 
goal.
    Comment 17: Four commenters stated that the requirement that 
vessels intending to fish in the U.S./Canada Area Management Area must 
notify the observer program of their intent to fish 5 days prior to the 
start of the trip is excessive and does not reflect the way vessels 
operate. The commenters suggested that the notification requirement be 
reduced to 2 days prior to the start of the trip.
    Response: NMFS believes that the 5-days notice is necessary for 
vessels that intend to fish in the U.S./Canada Management Area, in 
order to provide NMFS adequate time to plan and execute observer 
deployments, based on the level of observer coverage required in the 
fishery. NMFS must assess observer availability, contact observers, and 
allow time for the observer to travel to the port of departure. 
Frequently, an observer is already deployed on another vessel and is 
not immediately available.
    Comment 18: Three commenters believed that the closure of the 
Eastern U.S./Canada Area should apply only to vessels fishing on a 
groundfish DAS, and not to all vessels fishing with gear capable of 
catching groundfish. The commenters stated that this is inconsistent 
with Amendment 13.
    Response: NMFS acknowledges that the intent of Amendment 13 was to 
limit the scope of the Eastern U.S./Canada Area closure to vessels 
fishing on a groundfish DAS. This final rule reflects that change. This 
change alleviates an unintended impact on non-groundfish fisheries.
    Comment 19: One commenter stated that the Sector Allocation 
regulations that authorize the Council to allocate DAS to a Sector is 
not consistent with Amendment 13 and should be removed.
    Response: Although the Amendment 13 document does not include 
specific criteria related to the allocation of DAS to a Sector, in 
section 3.4.16.1.2 (where criteria for allocation of TAC is described), 
the discussion of Sector allocation in Amendment 13 includes numerous 
references to the concept of DAS allocations to a Sector. The 
regulations include a reference to DAS allocations in order to be 
consistent with the Amendment and to make clear that the Council has 
the authority to allocate DAS and/or develop criteria for the 
allocation of DAS to a Sector. No such allocation is being proposed in 
the final rule and any future allocation of DAS to a sector would have 
to be analyzed and justified in the action authorizing such future 
allocations.
    Comment 20: One commenter believed that the 500 lb (226.8 kg) GB 
cod trip limit was inconsistent with the intent of Amendment 13 and 
should apply only to the Eastern U.S./Canada Area, and not to the 
Western U.S./Canada Area as the proposed rule states.
    Response: NMFS agrees that Amendment 13 intended that the GB cod 
trip limit should apply only to the Eastern U.S./Canada Area and has 
made this change to the final rule. This proposed restrictive cod trip 
limit is consistent with Amendment 13, as it is applicable to the U.S./
Canada Area specific to cod, i.e., the Eastern U.S./Canada Area.
    Comment 21: One commenter noted that, according to the proposed 
rule, when the U.S. TAC for GB yellowtail flounder is attained, the 
prohibition on possession applies only to the Western U.S./Canada Area, 
but felt that this is inconsistent with the intent of the Council and 
Amendment 13. The commenter suggested that the prohibition instead 
apply both to the Western and the Eastern U.S./Canada Area, in order to 
be consistent with Council intent.
    Response: NMFS agrees that the intent of Amendment 13 and the 
Understanding was to prohibit retention of GB yellowtail flounder in 
both the Western and Eastern U.S./Canada Areas. Upon attainment of the 
U.S. yellowtail flounder TAC, the Eastern U.S./Canada area will close 
to vessels fishing under a groundfish DAS, except if fishing in an open 
SAP. For all other vessels, prohibition of retention of yellowtail 
flounder in the Eastern U.S./Canada Area, as well as the Western U.S./
Canada Area, is necessary to comply with the Understanding.
    Comment 22: One commenter felt that vessels fishing under an A DAS 
in the U.S./Canada Management Area should be subject to less 
restrictive measures.
    Response: The suggested measure is not consistent with or included 
in Amendment 13, and therefore cannot be considered for inclusion in 
this final rule.
    Comment 23: One commenter stated that he believed that there were 
too many restrictions associated with fishing in the U.S./Canada 
Management Areas, and that vessels would refocus their fishing efforts 
in the near shore waters instead.
    Response: The restrictions associated with fishing in the U.S./
Canada Management Area result primarily from the management strategy 
chosen to implement and ensure compliance with the Understanding and 
Amendment 13 objectives. The strategy selected was a system of hard 
TACs associated with specific geographic areas. In order to implement 
this hard-TAC system, there must be a means to monitor the amount of 
catch by species and by area, as well as a means to curtail catch when 
the TACs are attained. The measures associated with the U.S./Canada 
Management Area provide a means to monitor the TACs and curtail 
fishing, as necessary to ensure that the TACs are not exceeded. As an 
incentive to fish in the Eastern U.S./Canada Area, vessels will not be 
charged DAS while steaming

[[Page 22920]]

to and from that area. The Council may consider recommending additional 
incentives in a framework action as provided for Amendment 13.
    Comment 24: The Mid-Atlantic Council commented that it does not 
support the reductions in Category A DAS, and expressed concern that 
there may be increased participation in Mid-Atlantic fisheries, such as 
the squid fishery, as a result of groundfish vessels that attempt to 
recover lost groundfish revenue (as a result of the DAS reductions). 
The Mid-Atlantic Council indicated that the Amendment 13 analysis is 
inadequate because it does not include specific information on the 
increased landings that result in Mid-Atlantic fisheries, or the 
species composition of such landings. Because of the perceived 
shortcomings in the Amendment 13 analysis, the Mid-Atlantic Council 
concluded that the proposed DAS measures are inconsistent with National 
Standard 8.
    Response: The DAS measures are not inconsistent with National 
Standard 8. The quantitative analysis in sections 4.6 and 4.7 of 
Amendment 13 provides extensive discussions and considerations of 
impacts on fishing communities as required by National Standard 8. 
Further, section 5.4.13.1.3 of the Amendment provides information on 
the number of permits in other fisheries held by NE multispecies 
limited access permit holders, their reliance on groundfish revenue, 
and the level of participation of such permit holders in other 
fisheries. Although the analysis does not predict landings, it provides 
useful information that describes the relative scope and nature of the 
potential effort shift relating to different ports and communities. The 
economic analysis indicates that the vessels that will be most affected 
by Amendment 13 are those that are dependent on groundfish for 75 
percent or more of their gross revenue. A large number of these vessels 
have monkfish, spiny dogfish, General category scallop, or bluefish 
permits, and less than 10 percent have limited access squid permits. 
Much of the ability to shift into other fisheries is limited to trawl 
gear. Therefore, Amendment 13 has taken into account impacts of 
measures and ways to minimize such impacts consistent with National 
Standard 8.
    Comment 25: A total of 3,236 commenters, consisting mostly of form 
comments did not support the phased reduction rebuilding strategy, 
which, for some stocks, implements a rebuilding program that begins 
with a fishing mortality rate that is above the threshold rate, and 
further reduces the target fishing mortality rate in the future. The 
principal concerns were that, under this strategy, overfishing for some 
stocks is not being ended immediately; the rebuilding of the stocks 
would take an excessive amount of time, and requiring additional time 
to rebuild stocks, is more risky, and therefore a threat to the health 
of the stocks and the ecosystem; and overall, the Amendment 13 
rebuilding plan is not consistent with the Magnuson-Stevens Act and 
National Standard guidelines issued by NMFS. Approximately half of 
these commenters felt that the proposed rebuilding plans were not 
adequately evaluated, and that Amendment 13 should set rebuilding 
schedules and rebuilding targets on a species-by-species basis. One 
commenter supported implementing a phased reduction strategy for all 
stocks. One commenter supported the rebuilding strategy and noted that 
combining the adaptive and phased mortality reduction strategies 
mitigates the economic impacts of the high biomass targets.
    Response: NMFS has concluded that the proposed phased strategy in 
fishing mortality reduction is consistent with the Magnuson-Stevens Act 
and the National Standards. The Magnuson-Stevens Act sets out 
requirements for preventing or ending overfishing and rebuilding fish 
stocks at 16 U.S.C. 1851(a)(1) (National Standard 1), 1853(a)(1) and 
(10), and 1854(e). NMFS promulgated National Standard guidelines 
relating to these requirements specifically at 50 CFR 600.310. Although 
the Magnuson-Stevens Act, at 16 U.S.C. 1854(e)(3), requires a 
management plan to be prepared by the council within a year after 
stocks are identified as being overfished, there is nothing in the Act 
or the guidelines that require that overfishing be ended immediately 
upon implementation of such a plan, as argued by commenters. The only 
timing requirement in the Magnuson-Stevens Act and guidelines, 
regarding the time necessary to end overfishing and rebuild fish 
stocks, is that rebuilding must be achieved as soon as possible, not to 
exceed 10 years, after taking into account various factors, including 
the status and biology of the stock and the needs of fishing 
communities. See 16 U.S.C. 1854(e)(4). To require the ending of 
overfishing immediately would establish a rigid standard that could 
result in an unnecessarily short rebuilding time frame, without 
consideration being given to the factors mentioned above. This result 
would be inconsistent with 16 U.S.C. 1854(e)(4), because it would 
undermine the ability of the Secretary to exercise his discretion in 
determining how long a rebuilding schedule should be, in consideration 
of the factors that the Magnuson-Stevens Act deems important. It is 
entirely consistent, therefore, with the Magnuson-Stevens Act that the 
ending of overfishing can be achieved at any time during the prescribed 
rebuilding schedule, as long as the ability to rebuild is not 
jeopardized.
    To put Amendment 13 in perspective, only 8 of the 19 groundfish 
stocks are experiencing overfishing. Overfishing will continue to occur 
for only 5 of the stocks being managed under the phased approach. 
Nevertheless, severe decreases in current fishing mortality are 
scheduled for the first year of the rebuilding plan, and overfishing on 
all stocks is expected to end by year 5. Amendment 13 also contains 
provisions (e.g., default measures to reduce DAS in 2006 and 2009) 
designed to ensure that further reductions in fishing mortality will 
take place if, after future assessments, stocks are not projected to 
rebuild within their specified rebuilding periods.
    NMFS has concluded that it is unlikely this strategy will 
jeopardize the rebuilding of any stock. The NE multispecies fishery is 
comprised of 19 stocks, many of which co-occur in the same geographic 
areas, and are subject to fishing by a great diversity of commercial 
and recreational fishers. The complexity of the fishery and the co-
occurrence of stocks of concern and stocks that are not overfished is 
one of the reasons Amendment 13 utilizes both the adaptive and phased 
strategies to reduce fishing mortality to rebuild stocks. Immediate 
cessation of overfishing on all stocks does not adequately take into 
account and allow for variations among, and contingencies in the 
fishery, and would cause more severe economic consequences than those 
projected under the selected fishing mortality reduction strategy. The 
selection of a phased mortality reduction strategy for some stocks, and 
an adaptive approach for the remainder of stocks, represents a 
balancing of the objectives of reducing fishing mortality and 
minimizing economic impacts, while achieving the goal of rebuilding all 
overfished stocks of groundfish.
    For two of the five groundfish stocks being rebuilt under the 
phased approach, fishing mortality will be immediately reduced by 49 
percent and 59 percent (American plaice and SNE/MA yellowtail flounder, 
respectively), and will subsequently be reduced to Fmsy, thus ending 
overfishing completely in 2 years. For three of the

[[Page 22921]]

five stocks being rebuilt under the phased approach, fishing mortality 
will be immediately reduced by 45 percent, 65 percent, and 37 percent, 
(GB cod, CC/GOM yellowtail flounder, and white hake, respectively), and 
subsequently reduced to at or below Fmsy in 5 years. These reductions 
in fishing mortality assume that 85 percent of allocated DAS will be 
used. In all cases, Amendment 13 contains management measures designed 
to rebuild the 12 overfished stocks. The time periods required to 
rebuild the 12 overfished stocks described in Amendment 13 do not 
exceed the criteria described in the National Standards guidelines and 
are in accordance with the ``Constraints on Council action'' in Sec.  
600.310(e)(4).
    NMFS disagrees that the rebuilding plan was not adequately 
analyzed. The Amendment 13 analysis of the rebuilding strategies 
includes expected trajectories of the spawning stock biomass of 
overfished stocks for both the proposed and the alternative rebuilding 
strategies. The analysis shows the increase in biomass over time, and 
in relation to the target biomass (i.e., rebuilt biomass), and is, 
therefore, sufficient to determine the adequacy of the rebuilding 
strategy with respect to both the magnitude of rebuilding and the 
amount of time rebuilding will take. The three rebuilding strategies 
(constant fishing mortality, phased reduction fishing mortality, and 
the adaptive approach), which are compared in section 5.2.1.8 of 
Amendment 13, are all designed to achieve the target biomass within the 
rebuilding period with a 50 percent probability.
    Comment 26: A total of 4,779 commenters, consisting of mostly form 
comments, felt that Amendment 13 needs to include stock specific catch 
limits to control fishing mortality.
    Response: Stock-specific catch limits (hard TACs) were among those 
alternatives that were analyzed in Amendment 13 and considered by the 
Council, but they were not recommended in Amendment 13. The Amendment 
13 states, and NMFS concurs with, the following rationale for this 
decision: ``The Council is concerned that this alternative would lead 
to a derby fishery, and either excessive discards (if possession of a 
species is prohibited when a TAC is reached) or a sacrifice in yield 
from healthy stocks (if groundfish fishing is prohibited when a TAC is 
reached). In addition, managing 19 stocks, with overlapping geographic 
ranges, would be administratively difficult. A past Council attempt to 
manage the fishery with a hard TAC was an abject failure.'' Although 
the Council determined that stock-specific catch limits are not an 
appropriate management tool to be applied to all stocks, Amendment 13 
implements such limits for the GB stocks that are shared with Canada 
(cod, haddock, and yellowtail flounder).
    In addition, Amendment 13 contains various measures to reduce 
fishing mortality. The implementation of DAS reductions, trip limits 
and closed areas are all designed to achieve the majority of the 
fishing mortality reduction. Furthermore, gear restrictions serve as an 
additional means of controlling fishing effort, as well as enhancing 
stock structure.
    Comment 27: A total of 1,549 commenters, consisting mostly of form 
comments, felt that Amendment 13 represents an important opportunity to 
reform the FMP, and should therefore incorporate the commenters' 
suggested revisions.
    Response: Amendment 13 represents an important opportunity to 
improve the FMP and contains various conservation and management 
measures for the Northeast groundfish fishery. A partial list of the 
novel types of management programs that Amendment 13 implements 
includes the following: Control of latent effort and refinement of the 
use of DAS through the DAS baseline and categorization of DAS; 
coordination of management of shared GB stocks with Canada in order to 
maximize benefits from shared stocks; real-time dealer electronic 
reporting, habitat closure areas to protect EFH, DAS leasing and 
transfer to programs provide flexibility under reduced DAS allocations, 
and selective use of hard TACs.
    Comment 28: One commenter requested clarification of justification 
for the starting date of the rebuilding periods.
    Response: The rebuilding periods begin in 2004 because the 
Amendment 13 management measures are expected to be implemented in 
2004. The National Standard Guidelines state: ``A rebuilding program 
undertaken after May 1, 1998, commences as soon as the first measures 
to rebuild the stock or stock complex are implemented.'' Prior to 
implementation of Amendment 13, there were no formal rebuilding 
programs for the overfished stocks. In 1999, Amendment 9 to the FMP 
implemented status determination criteria, but did not implement 
rebuilding programs. An amendment to the FMP was necessary to develop 
and implement a comprehensive rebuilding strategy for the FMP. To 
retroactively impose a 1999 start date 5 years later would make it 
virtually impossible for the agency to reasonably take into account all 
of the National Standards and other required provisions of the 
Magnuson-Stevens Act, because rebuilding would have to be accomplished 
for all stocks in a truncated time period. The measures in Amendment 
13, beginning in 2004, will rebuild the groundfish stocks, while at the 
same time ensuring that other considerations required by the law 
regarding impacts on the industry are fully considered and accounted 
for. NMFS has concluded, therefore, that its decision to start the 
rebuilding clock in 2004 is more consistent with the applicable law and 
is more appropriate than starting it in 1999.
    Comment 29: One commenter felt that the GB stock of yellowtail 
flounder should be under a rebuilding program.
    Response: The GB stock of yellowtail flounder is neither 
overfished, nor has the stock previously been declared overfished. 
Therefore, there is no requirement for a rebuilding program. Amendment 
13 measures are designed to maintain the GB stock of yellowtail 
flounder at a level consistent with optimum yield.
    Comment 30: One commenter believed that Alternative 1B in Amendment 
13 should have been selected because this alternative would have the 
least economic impacts. The commenter compared the estimates of numbers 
of jobs affected, the amount of lost revenue, and the loss in personal 
income associated with the proposed alternative and those associated 
with Alternative 1B and concluded that the proposed alternative would 
produce the same long-term results, yet at a much larger first-year 
cost.
    Response: NMFS recognizes that Alternative 1B is a significant 
alternative that would yield a lesser economic impact to the New 
England region in the first year of the rebuilding plan. In terms of 
the economic impact to vessels, Alternative 1B would yield a reduction 
of $28 million in first year revenues compared to $40 million for the 
selected alternative. However, analysis of Alternative 1B did not 
substantiate that it would result in higher economic benefits over the 
long-term. Alternative 1B consists of a series of increasing DAS 
reductions of 35 percent in 2004, 45 percent in 2005, 55 percent on 
2006, and 65 percent in 2007. The full schedule of reductions was not 
evaluated because the area closure model used to evaluate all other 
alternatives is not a dynamic model. In other words, the model used to 
evaluate both biological and economic impacts only produces a short-
term, one year forecast. DAS reductions for years 2005-

[[Page 22922]]

2007 could not be estimated given the limitations in the modeling. Even 
assuming projections were made for these years, the projections would 
likely be overestimated, and would not be representative of likely 
impacts. Presumably, at least part of the economic impact of the 2005 
DAS reduction would be offset by a change in productivity; similarly 
for the DAS reduction in 2006 and 2007. Applying the area closure model 
to the full 65 percent reduction in DAS would have misrepresented the 
year 4 impacts. Alternative 1B also contains the 2:1 DAS counting in 
SNE/MA and the raised footrope trawl in the CC/GOM stock area. It is 
important to note that, in order for Alternative 1B to have no 
additional cumulative negative economic impacts after the first year, 
the relative change in productivity must be proportional to the change 
in DAS. In other words, an annual productivity increase of 10 percent 
would be required to offset the 10 percent reduction in DAS. NMFS 
believes that it is more likely that the negative cumulative impacts of 
4 years of DAS reductions would exceed that of the selected 
alternative, especially since the difference between the two 
alternatives in 2004 is only about $12 million in revenues. This gap 
begins to narrow rather quickly when one considers that, while revenues 
would likely increase in 2005 under the preferred alternative, they 
would be declining under Alternative 1B as DAS continue to be reduced. 
In addition, Amendment 13 notes that the negative impacts attributable 
to the selected alternative were overestimated because of the inability 
to formally include the positive effects of harvest under B DAS. 
Alternative 1B contains no such opportunities. Therefore, NMFS 
concludes that the gap between these two alternatives narrows in 2004 
with the addition of the harvest using B DAS and very much favors the 
selected alternative in 2005 through 2007. While Alternative 1B was 
considered, it was apparent that the risk of not achieving required 
productivity gains after year 1 was very high and could do irreparable 
economic harm to the NE multispecies fleet in the final 3 years of the 
stepped reduction. A thorough breakdown of economic impacts by industry 
and by port is provided in Volume 1, section 5.4.6, of Amendment 13. 
Results of that analysis fulfill the requirements of E.O. 12866, which 
requires the Agency to take into account all economic impacts to the 
Nation resulting from the proposed rulemaking.
    Comment 31: One commenter felt that NMFS must revise the recovery 
rate analysis in the fishing gear habitat impact assessment because 
there are contradictions in certain sections that do not comply with 
National Standard 2.
    Response: Amendment 13, in Section 9.3.1.8.4.2, Potential Adverse 
Impacts of Bottom Trawls and Dredges, states that the recovery rate for 
damaged sponges and soft corals is 12 months, based upon the literature 
that was reviewed in section 9.3.1.2.4.2. Forty-four relevant peer-
reviewed and non-peer-reviewed publications were included in the 
literature review and comprise the best available science on the 
subject. Recovery rates were provided when reported by the authors of 
the scientific studies. Discrepancies between recovery rates listed in 
tables 453-455 and those reported by the 2001 Gear Effects Workshop are 
due to the subjective nature of the responses provided by the Workshop 
participants compared to the research results published by various 
authors. NMFS is confident that the best available science was utilized 
in the fishing gear effects analysis and that the document is in 
compliance with National Standard 2.
    Comment 32: One commenter felt that NMFS range of habitat closure 
alternatives is inadequate.
    Response: The Amendment 13 considers a wide range of reasonable 
alternatives to minimize the adverse effects of fishing on EFH to the 
extent practicable. The alternatives range in terms of the type of 
management tool used, and are analyzed in terms of the practicability 
standard prescribed by the Magnuson-Stevens Act and implementing 
regulations. There are several alternatives considered representing 
each of the three identified management tools (effort reduction, gear 
modification, and closed areas). There are 11 distinct alternatives 
described using the closed area tool. These alternatives range from use 
of existing area management scenarios to expansion of existing area 
management scenarios, to development of new closed areas not dependent 
upon any previous area closures. Specifically, the National Research 
Council (NRC), as well as an international panel of experts convened 
for the 2001 Northeast U.S. Fishing Gear Effects Workshop, have 
recognized that there are three fishery management tools available to 
mitigate the effects of trawls and dredges on seafloor habitats: 
Fishing effort reduction, gear modifications, and area closures. The 
NRC stated that effort reduction is the cornerstone of managing the 
effects of fishing on habitat, but typically some combination of these 
three measures will be most effective. Amendment 13 utilizes this 
concept and analyzes a range of reasonable alternatives under each one 
of the tools listed below in the context of practicability of the 
measures.
    Effort Reductions: The major goals of Amendment 13, as described in 
section 2.2, Purpose and Need for Action, is to rebuild overfished 
fisheries, end overfishing where it occurs, minimize bycatch to the 
extent practicable, and to provide options for reducing harvesting 
capacity. Approximately 35 management measures will be implemented to 
achieve these goals. These non-habitat measures are described and 
analyzed in sections 5.3.6.7 and 5.3.8.2 as Habitat Alternative 2 
(Benefits to EFH of Other Amendment 13 Measures). The analysis 
concludes that the net effect of these measures are positive or provide 
a benefit to habitat.
    Gear Modifications: Several alternatives have been developed 
related to otter trawl gear or fishery modifications to mitigate 
impacts to bottom habitats to the extent practicable. Habitat 
Alternative 8 (Restrictions on the use of rockhopper and/or roller 
gear) provides five specific alternatives (Alternatives 8a-8e) to 
minimize potential adverse effects of otter trawls on habitat. Habitat 
Alternative 9 would require the use of VMS on all groundfish vessels to 
provide high resolution data on the distribution of fishing effort.
    Area Closures: The majority of the alternatives developed to 
minimize or mitigate adverse impacts of fishing on habitat to the 
extent practicable revolve around closed areas. Eleven distinct closed 
area alternatives were developed and analyzed. Three alternatives were 
developed specifically to protect hard-bottom areas (Habitat 
Alternatives 3a, 3b, and 4). Four alternatives were developed to 
balance EFH protection with fishery productivity (Habitat Alternatives 
5a, 5b, 5c, and 5d). Three alternatives were developed to utilize 
existing groundfish mortality closure areas to gain additional habitat 
protections (Habitat Alternatives 6, 10a, and 10b), and one alternative 
(Habitat Alternative 7) was developed to prohibit additional fishing 
gear in the groundfish mortality closure areas.
    Comment 33: A total of 1,550 commenters, consisting mostly of form 
comments, stated that Amendment 13 fails to protect sensitive cod 
nursery grounds from trawling and weakens protection for juvenile cod 
(no action protects 22.9 percent of juvenile cod EFH, and the proposed 
action (Alternative 10b) protects 15.3 percent of juvenile cod EFH).

[[Page 22923]]

    Response: NMFS disagrees. The Magnuson-Stevens Act requirement is 
to minimize, to the extent practicable, the adverse effects of fishing 
on EFH. The Amendment 13 FSEIS concludes (section 9.3.1) that there are 
23 managed species, comprising 42 distinct life stages, that have EFH 
that is vulnerable to the effects of bottom-tending mobile gear. 
Therefore, the Magnuson-Stevens Act requirement is to minimize, to the 
extent practicable, the adverse effects of fishing on the EFH of these 
42 species/life stages, not all of which utilize or require the same 
habitat type (FSEIS Table 161). Amendment 13 undertook an approach to 
balance EFH protections among all 42 species/life stages, instead of 
targeting minimization measures on one species/life stage. Amendment 13 
implements a series of management measures that represent several major 
strategies for providing direct and indirect protection to a wide 
variety of vulnerable EFH. Implementation of Habitat Alternative 10b 
establishes a series of habitat closed areas within the GOM, GB, and 
SNE, which prohibit the use of bottom-tending mobile gear (otter trawls 
and dredges). These closed areas total 2,811 sq nm and, with regard to 
juvenile cod, encompass 15.3 percent of the entire juvenile cod EFH 
(see Table 143 in Amendment 13). Therefore, a significant amount of 
juvenile cod EFH, as well as the EFH of 38 other species/life stages 
is, afforded direct protection against the adverse impacts from bottom-
tending mobile gear. In addition to these closed areas, Amendment 13 
implements many management measures aimed at achieving major reductions 
in the overall fishing effort within the groundfish complex (See 
section 5.3.6.7 and 5.3.8.2 describing Habitat Alternative 2). These 
fishing effort reductions relate to reduced impacts on benthic 
habitats, thereby providing more indirect protections to vulnerable 
EFH.
    In comparison to the No Action Alternative, Habitat Alternative 10b 
provides direct protection to 15.3 percent of the juvenile cod EFH and 
to the EFH of 38 other species/life stages, compared to the temporary 
and intermittent protections afforded under the No Action Alternative 
(section 5.3.6.1.2.1). Although the No Action Alternative is listed in 
various tables in section 5.3.8 as a point of reference for closed area 
alternatives, it is not directly comparable because of the type of 
closure it represents. The values provided under the No Action 
Alternative represent the existing groundfish mortality closures, which 
are not closed for habitat protection purposes and are available to 
access by various bottom-tending mobile gears. This is why section 
5.3.8.3.2, Summary of EFH Benefits of Area Closure Options, does not 
compare the No Action Alternative to the 10 closed-area alternatives. 
Amendment 13 shows that Habitat Alternative 10b is superior and 
practicable, providing permanent or indefinite protection to 15.3 
percent of the juvenile cod EFH, compared to no permanent or indefinite 
protection provided by the No Action Alternative. Alternative 10b does 
not weaken EFH protections for any species. In considering these 
alternatives, the Council and NMFS also determined that Alternative 10b 
met the practicability standard of 50 CFR 600.815(a)(2)(iii) (See 
section 5.3.10 of Amendment 13).
    Comment 34: One commenter felt that the majority of the habitat 
alternatives were developed in 2000 and 2001, prior to the reinitiation 
of scoping in 2001, and over a year before the completion of the gear 
impacts assessment in the fall of 2002. Thus, the commenter stated the 
record shows that these alternatives were not based on the best 
available scientific information and violate National Standard 2.
    Response: The scoping for the EFH components of Amendment 13 
commenced on February 1, 2001 (66 FR 8568) and continued through April 
4, 2001 (66 FR 13281). At the conclusion of the scoping period, the 
public comments, including all recommended alternatives, were compiled 
and discussed by the Council's Habitat Technical Team in April 2001, 
with recommendations forwarded to the Habitat Committee and the 
Council. It was not until after the conclusion of the public scoping 
period that alternatives were considered for analysis by the Council. 
In fact, reasonable alternatives were considered by the Council through 
2003. Recommended alternatives that were not analyzed were classified 
as considered but rejected, and can be found in section 4.2 of 
Amendment 13.
    In terms of the gear impacts assessment, the 1998 EFH Omnibus 
Amendment concluded that bottom-tending mobile gear may adversely 
effect EFH, particularly complex bottom habitats. This conclusion has 
not changed over time, but has been further supported by more recent 
scientific studies. Therefore the basis for development and selection 
of alternatives to minimize adverse effects of fishing on EFH has not 
changed since 1998. The Gear Effects Evaluation provided in Amendment 
13 (Section 9.3.1.2) reflects this newest science and therefore 
complies with National Standard 2.
    Comment 35: One commenter stated that Amendment 13 fails to 
separate EFH protections for GOM juvenile cod EFH and GB juvenile cod 
EFH, since these stocks are managed separately.
    Response: EFH is designated by species and by life stage over the 
entire range of the species. There is no requirement to designate EFH 
by species, by life stage, and by stock. Presently, EFH is not 
described by stock, and analysis of habitat impacts by stock would 
create significant managerial and scientific difficulties, without 
concomitant benefit to the species. NMFS has determined, therefore, 
based upon the best available science, that the EFH of both GOM and GB 
cod stocks are protected to the extent practicable under current 
management practices.
    Comment 36: One commenter felt that NMFS must develop alternatives 
to designate habitat areas of particular concern (HAPC) to comply with 
the AOC v Evans Court Order (Civ. No. 99-00982 GK (D.D.C)).
    Response: Amendment 13 meets legal requirements of the Magnuson-
Stevens Act and the AOC Joint Stipulation. The groundfish FMP already 
has established one HAPC in Closed Area 2. The Council has established 
a process for further consideration of HAPCs and is currently seeking 
public comment on this issue as part of the development of EFH Omnibus 
Amendment 2.
    Comment 37: One commenter felt that NMFS should reject Habitat 
Alternative 2.
    Response: Habitat Alternative 2 includes approximately 35 measures 
to achieve the non-habitat-related goals of Amendment 13, and provides 
indirect net benefits to EFH (see analysis in section 5.3.8.2 of 
Amendment 13). Habitat Alternative 2 is not the only alternative that 
is being relied upon to minimize the adverse effects of fishing on EFH. 
The EFH final rule (67 FR 2343) specifically requires that the 
evaluation of fishing effects must list management actions that 
minimize potential adverse effects on EFH and describe the benefits of 
those actions to EFH. The response to Comment 32 also contains 
pertinent information in response to this comment.
    Comment 38: Two commenters suggested that NMFS partially reject 
Habitat Alternative 10b, and instead select Alternative 3a, because 
they felt it protects more gravel habitats.
    Response: While Habitat Alternative 10b is an industry-developed 
alternative, it was subjected to the same environmental analysis as all 
the other closed area alternatives. The analysis shows that it ranked 
relatively high for

[[Page 22924]]

EFH protection and protection of other ecosystem properties when 
compared to the other closed area alternatives, including Habitat 
Alternative 3a, and that it represents the most practicable 
alternative. Habitat Alternative 10b was shown to be the most effective 
in protecting EFH that is highly vulnerable to the effects of bottom-
tending mobile gear (section 5.3.8.3.2.2 of Amendment 13). As stated in 
Response 33, the Magnuson-Stevens Act requirement is to minimize, to 
the extent practicable, the adverse effects of fishing on EFH, not just 
the EFH of one species or life stage. Habitat Alternative 10b 
establishes a series of habitat closed areas within the GOM, GB, and 
SNE, which prohibits the use of bottom-tending mobile gear (otter 
trawls and dredges). These closed areas total 2,811 sq nm and, with 
regard to juvenile cod, encompass 15.3 percent of the entire juvenile 
cod EFH, (see Table 143 in Amendment 13). Therefore, a significant 
amount of juvenile cod EFH, as well as the EFH of 38 other species/life 
stages, is afforded direct protection against the adverse impacts from 
bottom-tending mobile gear. In addition, because the EFH protections 
are more effective than most of the other alternatives, and since this 
alternative has a relatively low economic cost to the fishing industry 
and port communities, Alternative 10b was shown to be the most 
practicable alternative to implement (Amendment 13 Section 
5.3.10.3.4.10). In comparison, Alternative 3a, while providing a good 
degree of EFH protection, has high economic costs to the industry and 
disproportional community impacts. Alternative 3a was shown not to be 
practicable. The Magnuson-Stevens Act and EFH Final Rule require that 
actions to minimize the adverse effects of fishing on EFH be 
practicable. The practicability analysis considered the costs and 
benefits of the alternative on EFH, associated fisheries, and the 
Nation, as required by Sec.  600.815(a)(2)(iii) and is consistent with 
National Standard 7.
    Comment 39: Three commenters felt that the habitat closed areas 
protect mainly sand habitats instead of more valuable complex gravel 
habitats.
    Response: Amendment 13 concludes that complex hard bottom (gravel) 
habitats are vulnerable to the adverse effects of bottom-tending mobile 
gear. However, Amendment 13 also shows that hard bottom sediments are 
not the only vulnerable EFH. The EFH for other species described as 
sand, soft sediments, silt, mud, and soft mud have also been determined 
to be highly vulnerable to the adverse effects of bottom-tending mobile 
gear (Table 161 of Amendment 13). Amendment 13 provides a balanced 
approach to EFH protection and protection of these substrate types.
    The substrate analysis provided in Amendment 13 (section 
5.3.8.3.1.2) shows the percent composition within each closed area 
based upon six sediment characteristics: Bedrock, gravel, gravelly 
sand, sand, muddy sand, and mud. Table 141 in Amendment 13 shows that, 
out of the 83,550 sq nm included in the Northwest Atlantic analysis 
area, 53,856 sq nm are composed of sand/gravelly sand, representing 64 
percent of the entire area. Less than 1 percent of the Northwest 
Atlantic analysis area has been mapped as gravel or bedrock. These 
complex hard bottom areas of bedrock and gravel are not uniformly 
distributed (see Figures 160 and 162 of Amendment 13) and are difficult 
to encompass in closed areas without including large amounts of sand 
and other substrates. The closed area alternatives analyzed in 
Amendment 13 encompass anywhere from 3 to 32 percent of the mapped 
gravel areas. Habitat Alternative 10b includes all substrate types 
representing vulnerable EFH. Compared to the Northwest Atlantic 
analysis area, Alternative 10b includes 2 percent of the bedrock, 19 
percent of the gravel, 11 percent of the gravelly sand, 3 percent of 
the sand, 2 percent of the muddy sand, and 2 percent of the mud (Table 
141 of Amendment 13).
    Comment 40: One commenter felt that NMFS should implement Habitat 
Alternative 8d in Amendment 13, which prohibits the use of rock hopper 
and roller gear.
    Response: The analysis in Amendment 13 is inconclusive as to 
whether this alternative provides additional habitat protections, and 
as to the costs to the industry (section 5.3.10.3.4.8) in implementing 
this alternative. Direct benefits to EFH under this alternative would 
have to be demonstrated and better understood before it could be 
adopted. NMFS has concluded that implementation of habitat closed areas 
(Alternative 10b) is a more effective way of protecting vulnerable EFH 
based on best available science.
    Comment 41: One commenter was concerned that Amendment 13 contains 
no measures specifically designed to protect deep water corals.
    Response: Amendment 13 does not contain any measures specifically 
designed to protect deep-water corals because the use of bottom-tending 
mobile gear associated with the NE multispecies fisheries has not been 
identified as having an adverse effect on deep-water corals. NE 
multispecies fisheries are not typically conducted in these deep waters 
(section 9.3.1.2.3.4.4 of Amendment 13).
    Comment 42: An industry group strongly opposed the measures in 
Amendment 13 and the proposed rule that would exclusively preclude 
access by bottom-tending mobile gear to specific geographical areas of 
the fishing grounds. The commenter felt this represents an unacceptably 
disproportionate measure and inequitable allocation of access to the 
groundfish resource among sectors of the fishery.
    Response: The Magnuson-Stevens Act and the EFH Final Rule require 
that the adverse effects of fishing on EFH be minimized to the extent 
practicable. An evaluation of the potential adverse effects of each 
fishing activity on EFH was conducted as part of Amendment 13 (section 
9.3.1). This evaluation concluded that bottom-tending mobile gears can 
have a potential adverse effect on the EFH of 42 species/life stages 
within the geographic bounds of the NE multispecies fishery. Amendment 
13 must minimize, to the extent practicable, those adverse effects on 
EFH that are occurring as a direct result of the use of bottom-tending 
mobile gears in that fishery. Habitat closed areas, or areas where 
bottom-tending mobile gear are prohibited, are the most effective way 
of minimizing those adverse effects. The areas selected as habitat 
closures (Habitat Alternative 10b) are 81 percent within the existing 
groundfish mortality closures where the harvest of groundfish is 
currently prohibited. The practicability analysis (section 
5.3.10.3.4.10) shows that Habitat Alternative 10b results in the least 
economic cost to the industry (except for Habitat Alternative 6). In 
addition, this alternative provides the most effective protection to 
EFH, making Habitat Alternative 10b the most practicable alternative to 
implement. Alternatives that provided equally as much protection to 
EFH, but that would be more costly to the industry, were determined not 
to be practicable and, therefore, are not being implemented.
    Comment 43: One commenter suggested that the final rule make it 
clear that EFH closures are frameworkable.
    Response: The 1998 EFH Omnibus Amendment added frameworkable 
actions for the conservation and protection of EFH, which includes 
changes to the boundaries of EFH and HAPC designations, gear 
restrictions, area closures, and establishment of special management 
areas or zones. In

[[Page 22925]]

addition, this final rule includes gear requirements or gear changes in 
order to reduce impacts on EFH.
    Comment 44: One commenter expressed support for exclusion of 
trawlers from sensitive habitats.
    Response: Although the scope and exact meaning of the term 
``sensitive'' is unclear, Amendment 13 does address the concept being 
supported by the commenter. Specifically, Amendment 13 and this final 
rule implement a series of habitat closed areas (Habitat Alternative 
10b) as level 3 closures (closed to all bottom-tending mobile gear) to 
protect EFH that is vulnerable to the effects of bottom-tending mobile 
gear.
    Comment 45: Three commenters did not support the default measures 
that will make further reductions to fishing mortality in 2006 and 
2009, unless certain criteria are met. One commenter believed that the 
default measures are not consistent with National Standard 6, another 
commented that the proposed measures were not approved by the Council, 
and a third was concerned that the impacts of the default measures were 
not adequately analyzed.
    Response: The default management measures were developed because 
the phased and adaptive rebuilding strategies implemented by Amendment 
13 require future reductions in fishing mortality beyond the levels of 
fishing mortality reductions that will be implemented in 2004. Both the 
phased and adaptive rebuilding approaches use a strategy where a higher 
rate of fishing mortality (landings and discards) are permitted during 
the initial years of the rebuilding program, but lower fishing 
mortality rates are therefore required in subsequent years in order to 
rebuild to the appropriate level (Bmsy) within the required timeframe.
    The default criteria were developed because it is possible that, at 
the time the default measures are scheduled to be implemented (2006 and 
2009), the stock status situation will have improved such that the 
scheduled default mortality reductions (i.e., management restrictions) 
will not be necessary. The goal of the default criteria is to implement 
measures of success and have a relatively swift means to avoid the 
default measures if they are not necessary. More specifically, if in 
2006 the stock assessment indicates that either the fishing mortality 
rates and/or the stock sizes are more favorable than currently 
predicted, and the default criteria are met, the default management 
measures would not need to be implemented. Full regulatory action would 
not be necessary in order to prevent the default management measures 
from being implemented, and therefore, both time and work would be 
saved. If however, there were no default criteria in Amendment 13, and 
the situation is favorable at the time the default measures are 
scheduled to be implemented, the Council would have to develop, and 
NMFS would have to implement new regulations to prevent the default 
measures from being implemented.
    The default measures and criteria are consistent with National 
Standard 6, which requires ``Conservation and management measures shall 
take into account and allow for variations among, and contingencies in, 
fisheries, fishery resources, and catches.'' These default criteria are 
specifically designed to allow for the contingency that the default 
measures are not necessary.
    With respect to the commenter's concern about the adoption and 
analysis of the default measures, the Council approved the default 
measures at its meeting on November 6, 2003, and both the default 
measures and the default criteria are included and analyzed in 
Amendment 13. The amount of DAS reductions specified by the default 
measures is proportional to the percentage reduction in fishing 
mortality necessary for the targeted stocks, and was calculated by the 
Plan Development Team based upon the analyses of DAS reductions 
associated with Alternative 1B, in the DSEIS. The full schedule of DAS 
reductions was not evaluated because the area closure model used to 
evaluate the alternatives is not a dynamic model. Applying the area 
closure model to the 2006 and 2009 DAS reductions would have 
misrepresented the impacts, so it was not done.
    Comment 46: Four commenters noted that the criteria in the proposed 
rule that specify the conditions under which the default management 
measures would not be implemented, which are contained in 50 CFR 
648.82(d)(4), are inconsistent with Amendment 13 and Council intent. 
One commenter stated that the default criteria should be different for 
the 2006 and the 2009, and that the criteria should only contain 
references to fishing mortality.
    Response: NMFS agrees that the criteria in the proposed rule do not 
completely reflect those proposed in Amendment 13. NMFS abridged the 
criteria in the proposed rule in an attempt to make them more succinct, 
but will modify the criteria in the final rule in order to more 
precisely reflect the intent of those listed in Amendment 13. NMFS 
disagrees that the 2006 and 2009 default criteria should be different, 
and disagrees that the criteria should include only references to 
fishing mortality. As described in the response to comment number 45, 
the default criteria are intended to describe potential conditions 
under which the default measures would not be necessary. If the stock 
is rebuilding well and existing management measures are achieving the 
required fishing mortality rate (or the stocks are not overfished), 
additional management measures to further reduce the fishing mortality 
would not be necessary.
    Comment 47: One commenter felt that the amendment fails to address 
potential impacts to the infrastructure of ports.
    Response: The economic analysis in Amendment 13 makes it possible 
to identify economic impacts on specific industrial sectors on a 
regional and subregional level. However, data were not available on 
fishing and fishing-related infrastructure, either in terms of physical 
features or business entities at a port level. The aggregation of data 
by region makes it difficult to trace impacts to specific ports within 
a specific region. Furthermore, defined industrial sectors contain 
aggregations or combinations of distinct businesses based on the 
primary product. Thus, while seafood processing is identified as a 
distinct sector, a distributor of commercial fishing gear would be 
included in a wholesale trade sector; along with a myriad of other 
wholesalers, most of which have nothing to do with fishing. Similarly, 
a trucking company that specializes in seafood would be grouped in with 
other trucking companies so the impact on the one or more businesses 
that transport seafood could not be identified.
    Comment 48: One commenter noted that the analysis of impacts on 
vessels is incomplete due to a lack of comprehensive data on the fleet, 
most notably costs.
    Response: NMFS concurs that a comprehensive fishing vessel cost 
database would improve economic analysis of Amendment 13, or any other 
management action, but such a data base was not available at the time 
analysis of vessel-level impacts were estimated. Vessel break-even 
analysis was consistent with similar analyses prepared for prior 
groundfish actions, and impacts based on vessel-level changes in gross 
revenues is also standard practice in the absence of reliable cost 
data. The limitations of this approach are acknowledged in Amendment 
13.
    Comment 49: One commenter stated that the amendment does not 
address community impacts beyond vessels.

[[Page 22926]]

    Response: Amendment 13 does provide information on revenue impacts 
on vessels with homeports from selected ports (i.e., the port groups 
identified in the Affected Human Environment as being primary 
groundfish ports) and provides more aggregated regional impacts for 
sub-regions that contain multiple ports. The commenter is correct in 
the sense that neither of these analyses provide detailed information 
at a community level. Data were available, and analyses prepared, that 
would have made it possible to report revenue changes at a port-level. 
Such analyses have been a staple of economic analyses prepared for 
other management actions. However, without additional information on 
the composition of the shore-side economies of each affected community, 
merely reporting revenue changes by port provides only limited 
information on community impacts. Reporting impacts at a larger, sub-
regional level permits full exposition of directly and indirectly 
affected economic sectors, but does so at the expense of losing 
specificity at the community level. Future reporting of management 
impacts would provide more information at a community level if both 
port-level revenue changes and sub-regional impacts on coastal 
economies are developed. More detailed community impact assessments 
will require systematic data collection, as well as additional research 
to identify the key components of community impacts.
    Comment 50: The Council's social science advisory committee 
expressed concern about the adequacy of social and economic analysis in 
Amendment 13.
    Response: Adequacy addresses whether the analyses provided for 
Amendment 13 were based on the best available data and whether these 
data were used in a manner consistent with professional standards. The 
panel of experts that reviewed the social and economic analyses 
concluded that they were adequate both in terms of the use of available 
data and the choice of the analytical methods applied to evaluate the 
impacts of specific management decisions.
    Comment 51: A total of four commenters did not support the 
definitions of gear required for vessels fishing in the U.S./Canada 
Area. Some suggested minor revisions to the haddock separator trawl, as 
well as alternative definitions to the flatfish net, that would more 
closely resemble nets used in experimental research within the area. 
All commenters indicated that the flatfish net, as defined in the 
proposed rule, was impracticable.
    Response: NMFS has made the necessary changes to the haddock 
separator trawl measure in this final rule. The definition has been 
changed to require that the mesh in the separator panel be composed of 
6-inch (15.2-cm) diamond mesh, rather than 6.5-inch (16.5-cm) square or 
diamond mesh. This mesh would maintain consistency with the regulations 
at Sec.  648.80(a)(4) and would minimize the retention of cod in the 
upper portion of the net compared to square mesh. Little guidance was 
provided in Amendment 13 defining flatfish gear. Accordingly, the 
proposed flatfish net was defined using available scientific research 
and consultations with gear experts. NMFS maintains that the proposed 
flatfish net definition would reduce cod bycatch while allowing vessels 
to target flatfish. Based upon suggestions from the public and 
additional available research, NMFS has included an alternative 
flatfish net definition that more closely resembles nets used in 
experimental research within the US/Canada Management Area.
    Comment 52: A total of 11 commenters stated that management 
measures implemented by Amendment 13 will fail to achieve the desired 
fishing mortality rates. Their principal concerns are that 
categorization of DAS into A, B, and C days will not reduce DAS fished, 
that the overall DAS allocation is excessive and will not end 
overfishing, and the B and C DAS categories will increase opportunity 
in the fishery. Two of these commenters stated that the analysis of 
fishing mortality includes A DAS only and, therefore, fails to account 
for all sources of fishing mortality. One commenter stated that the 
stocks of GOM cod, white hake, and witch flounder will not meet the 
mortality goals. One commenter believes that the rules do not serve the 
public interest, but instead serve the commercial fishing industry 
because they are too lenient.
    Response: Category A DAS are the principal effort control mechanism 
in the FMP, that, in combination with the other management measures 
(e.g., closed areas, gear restrictions, and trip limits), will reduce 
the fishing mortality in the fishery in order to rebuild the groundfish 
stocks. However, because DAS are a non-specific management tool, they 
limit fishing effort on both overfished stocks and those stocks that 
are not overfished. The concept of Category B DAS was developed in 
order to address the fact that non-specific cuts in DAS, based upon the 
most severely depleted stocks, unnecessarily limits the ability of 
fishers to fish for stocks that are not overfished. The purpose of 
allocating Category B DAS is to provide limited potential to target 
stocks that are not overfished.
    Category C DAS may not be used upon implementation of Amendment 13, 
and their future use will depend upon both the rebuilding of stocks and 
capacity of the fishery.
    Upon implementation of Amendment 13, the only DAS that may be used 
in the fishery unrestricted are Category A DAS. Table 81 in Amendment 
13 indicates that the total number of DAS used will be decreased by 
between 39 and 50 percent when compared with the no action alternative 
(depending upon the rate of DAS use). Such a decrease in DAS use does 
not represent an increase in fishing opportunity. Table 81 also 
provides a summary of the anticipated fishing mortality reductions that 
the management measures will achieve, based upon the allocation of A 
DAS in combination with other management measures, and assuming 3rates 
of DAS use. With few exceptions, the calculations indicate that the 
management measures are sufficient to achieve the necessary reductions 
in fishing mortality.
    Based upon the information contained in Table 81, the commenter's 
concern about the achievement of the mortality goals for the stocks of 
GOM cod and witch flounder (two of the ``exceptions'' noted above) are 
justified, because the table indicates that the expected reduction in 
fishing mortality may be less than the needed reduction in fishing 
mortality for these stocks. NMFS' determination that the management 
measures have been demonstrated to be sufficient to meet the mortality 
objectives is based on both Table 81, and other information contained 
in Amendment 13. The pertinent information in Amendment 13 includes not 
only the results of the data analysis, but also the limitation of the 
model. According to Section 5.1.1, the closed area model, the principal 
analytical component of the fishing mortality calculations, has the 
following limitations: ``The model is a simulation of behavioral 
responses to changes in fishery regulations. It should not be 
interpreted as a precise calculation of future fishing mortality. While 
the model output results in apparently precise numerical estimates, it 
is better to interpret these as broad indicators of relative changes, 
rather than as precise prediction of mortality impacts. Small 
percentage changes, for example, should be viewed as less likely 
relative outcomes than large percentage changes. For stocks where the 
Council is implementing measures to make large reductions in fishing 
mortality, it

[[Page 22927]]

should be clear that the results of the measures will have to be 
carefully monitored to make sure the objectives are achieved. The model 
may not capture the exact response of fishermen to the regulations and 
as a result may over or under estimate the realized impacts.'' In light 
of the limitations of the model, the determination of the sufficiency 
of the rebuilding program should not be based solely upon small 
percentage differences between the desired and the achieved mortality 
reductions in stocks such as GOM cod. With respect to witch flounder, 
the management measures achieve approximately 75 percent of the 
necessary mortality reductions. If necessary, the default measures in 
2006 will further reduce fishing mortality. NMFS will carefully monitor 
the results of the management measures through daily dealer reporting, 
and other means to ensure that the model did not overestimate the 
predicted impacts.
    In contrast to Category A DAS, Category B DAS may only be used in 
approved SAPs upon implementation of Amendment 13. Amendment 13 
provides for an allocation of B regular and B reserve DAS in order to 
allow limited opportunity in SAPs, and enable the Council to develop 
additional opportunities to utilize B DAS. Only two SAPs are being 
approved in Amendment 13, both of which are projected to have 
insignificant impacts on species of concern. NMFS agrees that the 
analysis of fishing mortality does not include B DAS in a global way, 
and that B DAS represent an additional source of fishing mortality. 
However, NMFS disagrees that the allocation of B DAS, their use in 
SAPs, and their potential use outside SAPs, necessarily mean that the 
fishing mortality on stocks of concern will be excessive. Amendment 13 
demonstrates that the SAPs implemented by Amendment 13 will not 
undermine the fishing mortality objectives, based upon the status of 
the stocks that will be harvested and the restrictions to strictly 
limit bycatch of species of concern. Approval by NMFS of additional 
opportunities to utilize B DAS, in addition to those opportunities 
provided by Amendment 13, will be contingent upon B DAS targeting 
appropriate stocks and the development of measures that carefully 
consider bycatch of species of concern.
    Since only two SAPs, only one of which utilizes B DAS, are being 
approved in Amendment 13, with insignificant impact on species of 
concern, NMFS has determined that allocating B DAS is consistent with 
the objectives of the FMP and the Magnuson-Stevens Act.
    Comment 53: A total of 7 commenters did not agree with the various 
trip limits as proposed. One stated that low trip limits and inadequate 
gear restrictions promote discards. Two commenters stated that the GB 
cod trip limit is too high, creating an incentive to target cod. One 
commenter suggested that the GB cod trip limit mirror the GOM cod trip 
limit. One commenter stated that the 250-lb (113-kg) seasonal trip 
limit for yellowtail flounder in the SNE/MA RMA should be implemented 
on a year-round basis. One commenter supported possession limits for 
American plaice, white hake, and SNE/MA winter flounder. Finally, one 
commenter stated that the GOM cod trip limit should be reduced by 50 
percent.
    Response: NMFS agrees that trip limits may promote discards if set 
at a low level in relation to the amount of fish encountered, and 
discards may be exacerbated by non-selective gear. The cod and 
yellowtail trip limits are set at levels in order to optimize the 
effect on fishing mortality. The GB cod trip limit may be more 
successful in achieving this objective than the SNE/MA yellowtail 
flounder trip limit. The analysis in Amendment 13 indicates that the GB 
cod trip limit is set at a level that minimizes the potential for 
regulatory discards, as well as reduces fishing mortality. The 
reduction of the trip limit from 2,000 lb (907 kg) per DAS to 1,000 lb 
(454 kg) per DAS decreases the incentive to target GB cod. With respect 
to GOM cod, NMFS disagrees that the trip limit should be reduced. The 
higher trip limit for GOM cod is designed to reduce bycatch during the 
period that cod aggregate for spawning. The analysis concludes that the 
change in trip limit to 800 lb (363 kg) per DAS will significantly 
reduce the ratio of fish discarded to fish kept, without jeopardizing 
mortality goals. Imposition of the SNE/MA yellowtail flounder trip 
limits will likely increase discards when compared with the no action 
alternative; however, this is justified given the low biomass of the 
stock and the fact that overall mortality on this stock should be 
significantly reduced compared to the no action alternative. The fact 
that the SNE/MA yellowtail flounder trip limit varies on a seasonal 
basis (250 lb (113 kg) per trip to 750 lb (340 kg) per trip) may 
mitigate the amount of discarding by limiting fishing on aggregations 
of flounder. Imposition of the 250 lb (113 kg) trip limit for the 
entire year would increase discards. In the future, as the stock 
rebuilds, this trip limit should be raised. The Council chose not to 
implement trip limits in order to reduce fishing mortality for American 
plaice, white hake, and SNE/MA winter flounder, but instead decided to 
rely solely on the combined effects of DAS reductions and closed areas 
and gear (see Response to Comment 83 for further discussion). The 
continuation of a least 5 percent observer coverage on groundfish 
vessels should provide adequate monitoring of whether the trip limits 
are effective regarding reducing fishing mortality and bycatch. If data 
indicate that the trip limits are not effective, the Council can 
recommend necessary adjustments.
    Comment 54: One commenter objected to the fact that the alternative 
being implemented was developed relatively late in the regulatory 
process.
    Response: NMFS agrees that Alternative 5 was developed after the 
other 4 alternatives were developed, but believes that the development 
of Amendment 13 was consistent with applicable laws. The selected 
alternative was based largely on components that were contained in the 
DSEIS and discussed during the public hearing process, and the full 
alternative is contained in Amendment 13. Furthermore, pursuant to the 
Magnuson-Stevens Act, the public had an additional 60-day comment 
period on Amendment 13 and all of the alternatives presented, including 
the selected alternative. Finally, the proposed rule allowed for a 30-
day public comment period on the proposed Amendment 13 measures. In 
view of the numerous opportunities for comment, NMFS believes that the 
public was informed of, and could comment on each of the proposed 
alternatives in Amendment 13, including the selected alternative. All 
appropriate comments received on the Amendment, the NEPA document and 
the proposed rule have been evaluated by NMFS in order to make a 
decision whether to approve, disapprove or partially approve Amendment 
13.
    Comment 55: One commenter objected to the continuing use of 
``rolling'' closure areas in the FMP because of the belief that a derby 
fishery is created when the closed areas are opened.
    Response: The GOM Rolling Closure Areas provide important 
protection to spawning aggregations of the GOM cod stock. Although 
there may be the potential for a derby fishery upon opening of these 
areas, there are no data indicating that this has been a problem. In 
any event, the derby affect is likely limited in duration and scope. 
The impact of the rolling closure areas on GOM cod remains positive.
    Comment 56: Three commenters did not support the restriction that 
DAS

[[Page 22928]]

carried over from the 2003 fishing year into the 2004 fishing year will 
be available only as Category B DAS, due to the belief that this 
creates a safety concern.
    Response: The classification of fishing year 2003 carry-over DAS as 
Category B DAS in fishing year 2004 does not represent a safety 
concern. Although this restriction may provide additional incentive for 
vessels to fish their DAS in the 2003 fishing year prior to 
implementation of Amendment 13, due to the different restrictions 
associated with a Category A DAS and a Category B DAS (as discussed in 
the response to comment number 52), the regulations do not require a 
vessel owner to make an unsafe decision regarding whether or not to 
fish on a particular day.
    Comment 57: One commenter noted that the concept of B DAS are 
missing from Amendment 13.
    Response: Amendment 13 explains the concept of B DAS in section 
3.6.1.1. The final rule provides for an allocation of B DAS (both 
Regular and Reserve), and implements, in a limited fashion, opportunity 
for their use within SAPs, as well as some associated restrictions 
(e.g., carry over, leasing of, etc.). Although Amendment 13 describes 
the concept of B DAS, and anticipates the possible future use of 
Regular B DAS outside of an approved SAP, the amendment only partially 
describes the conditions under which the Reserve B DAS may be used. The 
final rule, therefore, does not include the restrictions associated 
with Regular B DAS that are discussed in the amendment. The Council is 
currently developing such restrictions through a framework adjustment.
    Comment 58: One commenter was opposed to inclusion of the 2001 
fishing year in the calculation of the DAS baseline. The commenter 
believed that this results in a higher total number of DAS defined by 
the baseline, due to the inclusion of DAS that are not associated with 
any landings. One commenter supported the inclusion of the 2001 fishing 
year in the DAS baseline calculation for the following reasons: (1) 
Allows all fishing effort predating the Settlement Agreement to be 
treated fairly; (2) broadens the total qualified pool, which is reduced 
by the minimum landing requirement associated with the baseline DAS 
allocation; and (3) yields the desirable economic result of higher DAS 
allocations to all qualified permit holders.
    Response: The Amendment 13 proposed DAS baseline alternative was 
selected because it is the alternative that most fairly distributed DAS 
based on recent groundfish fishing activity. NMFS disagrees that 
inclusion of the 2001 fishing year results in a higher DAS baseline. 
Amendment 13 indicates that the selected baseline results in a lower 
total number of DAS than does the baseline alternative that does not 
include the 2001 fishing year. The selected alternative, which includes 
the 2001 fishing year, also includes a requirement that a qualifying 
year is one in which the vessel landed 5,000 lb (2,268 kg) or more of 
regulated multispecies. NMFS agrees with the reasons stated in support 
of the baseline that includes the 2001 fishing year.
    Comment 59: One commenter stated that Amendment 13 should include 
information on the closed area model.
    Response: NMFS believes that Amendment 13 provides adequate 
information on the closed area model. The closed area model, which was 
utilized to estimate the biological impacts of the closed areas, trip 
limits, and DAS reductions, is described in Section 5.1.1. of Amendment 
13. This section describes the inputs to the model, its weaknesses, its 
advantages, and well as advice to the reader regarding interpretation 
of the results of the model (see Response to Comment 52). The model 
itself is an analytical computer program that has been discussed in 
public fora, and is not appropriate for inclusion in Amendment 13.
    Comment 60: One commenter suggested that the GB Hook Gear Cod Trip 
Limit Program be disapproved because it adds uncertainty to the 
management regime, is incomplete, and difficult to enforce.
    Response: NMFS has disapproved this program as further described in 
the preamble of this final rule under the section called ``Disapproved 
Measures.''
    Comment 61: One commenter stated that NMFS should reconsider 
Amendment 13 if scientific information becomes available that indicates 
the stocks are in better shape. One commenter supported the biennial 
adjustment process described in the amendment.
    Response: Pursuant to the Magnuson-Stevens Act, conservation and 
management measures established for the Northeast groundfish FMP should 
be based on the best available scientific information available. The 
process outlined in the NE multispecies regulations under Sec.  648.90 
will be the method utilized to incorporate new information into the 
FMP. The biennial adjustment extends the duration of time between each 
required periodic review and adjustment, but does not limit the ability 
of the Council to develop management measures at any time necessary.
    Comment 62: Two commenters expressed support for the biological 
reference points. One commenter opposed setting the biomass threshold 
at 50 percent of Bmsy and thought the appropriate level should be 25 
percent of Bmsy. One commenter believes that, for certain stocks (e.g., 
Acadian redfish), the biomass threshold should be set at greater than 
50 percent of Bmsy. One commenter stated that the biological reference 
points should not be modified through framework action.
    Response: NMFS believes that the amendment sets the biological 
reference points (status determination criteria) at appropriate values, 
based upon the National Standard guidelines (NSGs) and the best 
available scientific information. The NSGs require that the biomass 
threshold be set at no lower than 50 percent of Bmsy, therefore, 
setting the threshold at 25 percent of Bmsy would be inconsistent with 
the NSGs. Although the National Standard guidelines allow for the 
biomass threshold to be set at a level greater than 50 percent of Bmsy 
based upon the biological characteristics of a stock, the NEFSC has 
certified that the Amendment 13 overfishing definitions comply with the 
National Standard 1 Guidelines. With regard to the process of making 
changes to the status determination criteria, Amendment 13 
differentiates between the process of making changes to the parameters, 
and the process of making changes to the values of such parameters. 
Amendment 13 notes that it is the Council's responsibility to recommend 
status determination criteria, and states that changes to the 
parameters require Council action, whereas changes to the values do 
not. Finally, status determination criteria may be adjusted through the 
use of a framework so that the best available science can be 
incorporated into the FMP in a timely manner. This process will ensure 
that NMFS is satisfying its Magnuson-Stevens Act mandates, 
specifically, National Standard 2.
    Comment 63: One commenter did not support the sector allocation 
requirement that allocations of TAC be based upon the catch history 
during a specific 5 year period, because the requirement would not 
allow for development of a sector if vessels did not have recent catch 
history. Another commenter did not support the approval of sectors 
unless the sectors are subject to a hard TAC.
    Response: NMFS agrees that, under the sector regulations, those 
vessels without recent fishing history would not

[[Page 22929]]

be able to form a sector. This restriction is consistent with the Goals 
and Objectives of Amendment 13 (Goal 2): ``Create a management system 
so that fleet capacity will be commensurate with resource status so as 
to achieve goals of economic efficiency and biological conservation and 
that encourages diversity within the fleet.'' Allowing vessels that 
have not been active in the fishery recently may have the effect of 
increasing fishing capacity, which would be inconsistent with this 
goal. As NE multispecies stocks rebuild, the Council may consider 
removing such restrictions on sector allocations. NMFS agrees that the 
amendment specifies allocation of a hard TAC or DAS to sectors.
    Comment 64: Three commenters supported the GB Cod Hook Sector 
allocation. Two of these commenters believe that participants in the GB 
Cod Hook Sector should not be regulated by many of the requirements of 
the FMP, and that the final rule should allow the Regional 
Administrator to waive specific measures for sector vessels. One 
commenter stated that the reference in the preamble to the proposed 
rule regarding the 5-year enrollment period in the GB Cod Hook Sector 
was incorrect. One commenter stated that the cod TAC for the GB Cod 
Hook Sector should be allocated based upon an amount of GB cod that 
includes the Canadian share of the stock. One commenter stated that the 
DAS for sector vessels should be considered fully utilized (in the 
event that the sector did not fish under the DAS system).
    Response: Amendment 13 discusses the potential for a sector to be 
exempt from specific regulations that would still apply to non-sector 
vessels and that the Regional Administrator should have the authority 
to exempt sectors from specific regulations, if the sector's Operating 
Plan justifies such exemption and the regulation being exempted is not 
necessary for the achievement of FMP objectives in light of sector 
measures. The final rule is corrected to reflect this authority. NMFS 
will consider granting such exemptions through the procedure defined 
under Sec.  648.87(d), that describes the process for approval of a 
sector by the Regional Administrator. The approval process includes 
solicitation of public comment and consultation with the Council. With 
regard to the requirement that participating vessels stay in the sector 
until the end of the five year period, NMFS agrees with the commenter 
that this requirement in the preamble of the proposed rule is incorrect 
and removes this language from the preamble. Although Amendment 13 
includes a requirement to remain in a sector for the duration of a 
particular fishing year, the amendment does not discuss the requirement 
to participate for a five year period. NMFS disagrees that the cod TAC 
for the GB Cod Hook Sector should be based upon a total amount of cod 
that includes the Canadian share. Allocation of the hook sector's GB 
cod TAC in the manner suggested by the commenter could result in 
allocating an amount of cod that exceeds the sector's historic share of 
the U.S. fishery, and would therefore be inconsistent with Council 
intent. Lastly, Amendment 13 did not include a provision that the DAS 
for vessels participating in a sector be considered fully used. The 
discussion of such a provision should be included in a sector's 
Operations Plan.
    Comment 65: Two commenters stated that the Regional Administrator 
should have the authority to implement other restrictions at the time 
the default measures are scheduled to be implemented. One commenter 
believed that the Regional Administrator should have the authority to 
adjust management measures in the middle of the fishing year in order 
to decrease fishing mortality.
    Response: Neither the Amendment nor the proposed rule included 
provisions to grant such authority to the Regional Administrator. 
Without specific criteria in Amendment 13 for making such adjustments, 
this final rule cannot provide this authority. The Council, however, 
may develop and recommend an adjustment to management measures at any 
time through the framework adjustment process.
    Comment 66: One commenter stated that the final rule should contain 
the status determination criteria, including definitions of OY, as well 
as Table 10 from Amendment 13, (proposed rebuilding trajectories; 
fishing mortality rates for the rebuilding program).
    Response: The Magnuson-Stevens Act and the National Standard 
Guidelines require that every fishery management plan contain certain 
components, such as an identification of OY and stock status 
determination criteria. However, there is no requirement that all of 
these items be codified by a regulation. NMFS typically does not 
include every measure in a fishery management plan or its amendments in 
codified regulations because it adds to the complexity, length, and 
costs of publication and such inclusion is not necessary for 
enforcement or compliance purposes. NMFS has included in this final 
rule regulatory language for all of the approved measures in Amendment 
13 that require public compliance, as opposed to measures in the 
amendment that guide or constrain Council action.
    Comment 67: One commenter supported the provision that allows 
vessels with VMS to opt out of the VMS program for a minimum period of 
1 calendar month.
    Response: NMFS agrees and is implementing that measure in this 
final rule.
    Comment 68: One commenter suggested that NMFS disapprove the 
proposed removal of the FAAS from the regulations. The commenter stated 
that the FAAS was implemented to provide the Council and NMFS with the 
ability to quickly respond to seasonal and area bycatch problems in the 
groundfish fishery. Furthermore, the commenter suggested that any 
administrative constraints that limit the potential usefulness of the 
system should be corrected.
    Response: NMFS agrees with the commenter and disapproved the 
proposed removal of the FAAS, as explained in the preamble to this 
final rule under ``Disapproved Measures.'' NMFS will continue to seek 
ways to expedite implementation of regulatory actions.
    Comment 69: One commenter requested clarification on whether the 
target TACs listed in Table 11 of Amendment 13 are in relation to the 
calendar year or fishing year.
    Response: The targets TACs are for the calendar year. The preamble 
of this final rule has been revised to make this clear.
    Comment 70: One commenter requested explanation on how the control 
rules will govern management measures.
    Response: Section 3.1.8 of Amendment 13 explains how control rules 
will be applied to the FMP. The control rules are meant to be 
consistent with fishing mortality thresholds that define when 
overfishing is occurring.
    Comment 71: One commenter was opposed to the implementation of any 
of the Amendment 13 SAPs, stating that there are no stocks that could 
support an increase in effort.
    Response: NMFS has approved two Amendment 13 SAPs and disapproved 
two SAPs. Regarding the approved CA II Yellowtail Flounder SAP, the 
target species, GB yellowtail flounder, is currently not overfished, 
nor is overfishing occurring. Since the Amendment 13 DAS reductions are 
intended to reduce fishing mortality to appropriate levels for the 
stocks of greatest concern, additional effort directed on GB yellowtail 
flounder,

[[Page 22930]]

through the use of B DAS as well as steaming time deduction, is not 
likely to undermine the fishing mortality objectives for this stock. 
Furthermore, GB yellowtail flounder is one of the three shared stocks 
managed under the U.S./Canada Resource Sharing Understanding and, 
therefore, is subject to a hard TAC, i.e., a quota specified for a 
stock, whereby, once attained, the possession limit would be zero. In 
addition, the Regional Administrator has authority to reduce the GB 
yellowtail flounder trip limit to ensure that this TAC is not exceeded. 
Should the TAC be exceeded, the overage would be deducted from the next 
fishing year's TAC. (For further information, see Comment 77 below.) 
Vessels electing to fish in the CA II Yellowtail Flounder SAP are 
required to fish with either a haddock separator trawl or flatfish net 
to mitigate bycatch of cod. In addition, a cod trip limit of 100 lb 
(45.4 kg) is proposed when fishing in this area to prevent vessels from 
circumventing the regulations.
    The approved SNE/MA Winter Flounder SAP, which allows vessels 
directing on summer flounder to retain up to 200 lb (90.7 kg) of winter 
flounder is intended as a measure to reduce bycatch. Currently, vessels 
in the summer flounder fishery that catch small amounts of winter 
flounder are required to discard this species at sea when they are 
fishing outside of the groundfish DAS program. The SNE/MA Winter 
Flounder SAP allows these vessels to keep the winter flounder that they 
would normally be discarding. The fishing mortality on the SNE/MA 
winter flounder stock will, consequently, not likely be affected, since 
overall effort is not expected to increase. Winter flounder that 
otherwise would have been discarded can, instead, be landed.
    Comment 72: One commenter expressed support for the abbreviated SAP 
approval process.
    Response: The proposed abbreviated SAP process has been 
disapproved, as explained in to the preamble of this final rule under 
``Disapproved Measures.''
    Comment 73: One commenter noted that there are no proposed SAPs in 
the near-shore waters of Maine and noted that small vessels from Maine 
would be unable to physically access the SAPs proposed in offshore 
waters.
    Response: Although there are no Amendment 13 proposed SAPs within 
the near-shore waters of Maine, the Council may develop and recommend 
an inshore GOM SAP to NMFS through the framework adjustment process. 
Small vessels from Maine that are unable to physically access the CA II 
Yellowtail Flounder SAP may indirectly benefit from this approved SAP 
should larger vessels that fish Maine's inshore waters redirect their 
fishing efforts in the CA II Yellowtail Flounder SAP. Because SAPs are 
designed to target fishing on the healthiest stocks of groundfish, 
their locations necessarily must reflect the distributions of those 
stocks. As more stocks rebuild, there will be more opportunities for 
SAPs.
    Comment 74: One commenter expressed opposition to the two trip per 
month restriction in the CA II Yellowtail Flounder SAP, stating that 
this would create a derby fishery and concentrate landings in the 
summer months when prices are low.
    Response: The two-trip-per-month restriction is designed to avoid a 
derby fishery. In 2002, 117 vessels reported fishing for yellowtail 
flounder in the waters adjacent to CA II. If this same number of 
vessels participate in the CA II Yellowtail Flounder SAP, this fishery 
would be expected to last 4 to 6 weeks into its June through December 
season before the 320 maximum number of trips were taken. However, 
there are many new restrictions in the U.S./Canada Management Area 
where the CA II SAP resides (such as VMS, and reporting requirements, 
and gear restrictions) and it is, therefore, difficult to predict how 
many vessels will actually participate. However, the two-trip-per-month 
restriction in the CA II Yellowtail Flounder SAP should help avoid a 
derby fishery.
    Comment 75: Two commenters suggested that the trip limits for 
stocks within the SAPs be under the Regional Administrator's authority 
to adjust.
    Response: This final rule implements a maximum 30,000 lb (13,608 
kg) yellowtail flounder trip limit for the CA II Yellowtail Flounder 
SAP and a restriction on retaining more than one-fifth of the daily GB 
cod possession limit specified for the Eastern U.S./Canada Area, which 
would equate to 100 lb (45.4 kg). In addition, because this SAP is 
located within the U.S./Canada Management Area, the Regional 
Administrator has the authority, under the regulations implementing the 
Understanding (Sec.  648.85(a)(3)(iv)(D)), to further adjust the trip 
limit to prevent over-harvesting or under-harvesting of the shared 
U.S./Canada stocks of GB cod, GB haddock, and GB yellowtail flounder. 
The regulations implementing the SNE/MA Winter Flounder SAP restrict 
vessels from landing more than 200-lb (90.7-kg) of winter flounder. 
Although the Regional Administrator does not have the authority to 
modify the 200 lb (90.7 kg) trip limit, there is little need for the 
Regional Administrator to have adjustment authority because the limit 
is already set very low.
    Comment 76: One commenter noted that the cod trip limit within the 
SAPs needs to be clarified.
    Response: In response to this comment, NMFS has modified the 
regulations under Sec.  648.85(b)(3)(viii) to specify that the cod trip 
limit within the approved CA II Yellowtail Flounder SAP is one-fifth of 
the daily cod possession limit specified for the Eastern U.S./Canada 
Area, as intended in Amendment 13. Because the Eastern U.S./Canada Area 
trip limit is 500 lb (226.8 kg) of cod per DAS, the cod trip limit in 
the CA II Yellowtail Flounder SAP is 100 lb (45.4 kg), until such time 
that daily cod trip limit for the Eastern U.S./Canada Area is revised 
through another action.
    Comment 77: One commenter opposed providing steaming time credit to 
and from the Eastern U.S./Canada Area, stating that it was unwarranted 
due to the proposed allowance of B DAS use within the proposed SAPs.
    Response: Steaming time to and from the Eastern U.S./Canada Area, 
as well as the allowance of B DAS in this fishery, is provided as an 
incentive for vessels to fish on the relatively healthy stock of GB 
yellowtail flounder. Landings of yellowtail flounder have recently 
leveled of to approximately 3,000-4,000 mt. Because of the large effort 
reductions implemented through this final rule, landings of GB 
yellowtail flounder are expected to decline further from this level. 
However, because this stock is estimated to be able to support a 
harvest of approximately 12,000 mt, the steaming time incentive has 
been provided as a mechanism to allow vessels to redirect onto this 
stock, while removing effort directed at groundfish stocks of concern.
    Comment 78: One commenter suggested that the CA II Yellowtail 
Flounder SAP should include hard TACs to control the catch.
    Response: This final rule implements the U.S./Canada Resource 
Sharing Understanding, which incorporates the CA II Yellowtail Flounder 
SAP, including hard TACs for the three shared U.S./Canada stocks of GB 
cod, GB haddock, and GB yellowtail flounder.
    Comment 79: One commenter stated that NMFS should control bycatch 
of non-groundfish species and account for mortality of these species 
within the SAPs.
    Response: The Council and NMFS must consider minimizing bycatch for 
all non-targeted groundfish and non-groundfish species, to the extent

[[Page 22931]]

practicable, when developing and approving a SAP. NMFS recognizes that 
bycatch of skate, in particular, may be of concern in the CA II 
Yellowtail Flounder SAP; however, it is not clear that bycatch of skate 
will be any greater for vessels fishing in CA II than when they are 
fishing outside of this area. Overall, bycatch is likely to be greatly 
reduced by amendment 13 due to the large reductions in fishing 
mortality and the required gear modifications when fishing within the 
Eastern U.S./Canada Area, which incorporates the CA II Yellowtail 
Flounder SAP.
    Comment 80: Three commenters opposed the CA II Haddock SAP, stating 
that cod and haddock are caught in equal amounts in this area, and that 
the document does not contain any information on bycatch for this SAP.
    Response: NMFS agrees that the analysis for the CA II Haddock SAP 
is insufficient and has disapproved this SAP, as explained in the 
preamble to this final rule under ``Disapproved Measures.''
    Comment 81: One commenter stated that NMFS should not rely on 
historical information to determine access for the CA II Yellowtail 
Flounder SAP because of its uncertainty.
    Response: The Amendment 13 document analyzes this measure in light 
of the best scientific information available, including the most 
recently available observer data for both experimental trips within, 
and commercial fishing trips adjacent to, the southern portion of CA 
II, as well as preliminary information from the recent CA II yellowtail 
flounder experimental fishery conducted in September through December 
2002. Therefore, this measure is consistent with National Standard 2, 
which requires all measures to be based on the best scientific 
information available.
    Comment 82: One commenter stated that access to the CA I Haddock 
Hookgear SAP should be provided only to the GB Cod Hookgear Sector, and 
that the coordinates for this SAP should be those coordinates reflected 
in the experimental fishery that has been approved by NMFS.
    Response: NMFS disapproved the CA I Haddock Hookgear SAP for the 
reasons stated in the preamble to this final rule under ``Disapproved 
Measures.'' In any case, NMFS does not have the authority to change the 
management measures proposed by the Council in Amendment 13. Bycatch
    Comment 83: Approximately 3,230 commenters, consisting mostly of 
form comments stated that Amendment 13 should adopt enforceable 
measures to minimize bycatch and waste.
    Response: National Standard 9 requires bycatch and bycatch 
mortality to be minimized to the extent practicable. NMFS has 
determined that bycatch and the unavoidable mortality of bycatch in the 
NE multispecies fishery are being addressed adequately and consistent 
with applicable law. The minimum mesh size restrictions, gillnet gear 
reductions, running DAS clock to account for cod overages, and the 
exempted fishery program are the primary bycatch reduction measures in 
the FMP. Other measures such as DAS reductions, and other gear 
modifications, such as the rockhopper gear restrictions in the GOM, 
also contribute to bycatch reduction. The exempted fishery program, 
implemented in Framework 9 and expanded in Amendment 7, virtually 
eliminated all fisheries in the GOM, GB, and SNE RMAs when fishing 
outside of the NE multispecies and scallop DAS programs, unless it can 
be determined that the fishery can operate with less than a 5 percent 
bycatch of regulated species. Amendment 13 contains several additional 
management measures that will likely reduce bycatch. These include: An 
increased reduction in fishing effort; mesh size increases; additional 
gillnet gear reductions; hookgear reductions that include a restriction 
on the number of allowable hooks; a requirement to fish with circle 
hooks only; and a prohibition on the use of de-hookers with less than 
6-inch (15.2-cm) spacing between the fairlead rollers; an increase in 
the GOM cod daily trip limit; the allowance of 200 lb (90.7-kg) of 
winter flounder in the SNE/MA Winter Flounder SAP; an expansion of the 
exempted fisheries program; and the requirement to use either a 
flounder net or haddock separator trawl are designed to affect cod 
selectivity while fishing in the Eastern U.S./Canada Management Area. 
In light of the substantial reductions in fishing effort and consequent 
costs to fishermen resulting from Amendment 13, the Council and NMFS 
have determined that, on balance, the measures in the FMP, as amended 
by Amendment 13, have reduced bycatch and bycatch mortality to the 
extent practicable.
    Comment 84: Four commenters fault Amendment 13 for not promoting 
selective fishing gear that is consistent with the groundfish trip 
limits.
    Response: Because of the relatively low hard TAC specified for GB 
cod within the Eastern U.S./Canada Area, this final rule implements a 
500-lb (226.8-kg) trip limit for GB cod when fishing in this area and 
requires that vessels fish with either a haddock separator net or a 
flatfish net; fishing gears are designed to reduce bycatch of cod. 
Although there are no specific gear requirements that would ensure that 
vessels do not exceed the GOM cod daily trip limit of 800 lb (362.9 
kg), or the GB cod daily trip limit of 1,000 lb (453.6 kg), vessels 
would be allowed to retain an additional day's worth of fish, should 
they exceed the trip limit, provided the vessel operator does not call 
out of the DAS program until the additional time equating to this 
overage has elapsed (this is referred to as the ``running clock''). 
This measure is intended to reduce discards of cod. There are no 
selective fishing gears proposed for the SNE/MA yellowtail flounder 
trip limit; however, because some of the seasonal trip limits are so 
low (250 lb (113.4 kg) per trip), many vessels will likely choose to 
direct on other stocks, at least during the seasons with these very low 
trip limits.
    Comment 85: One commenter stated that Amendment 13 does not contain 
an adequate assessment of bycatch, since it uses fishing year 2001 as 
the baseline for evaluating bycatch effects of the proposed measures, 
and that the proposed measures should be evaluated against a baseline 
of no fishing. The commenter further stated that fishing year 2002 
provides the most recent and reliable bycatch data and those data 
should be incorporated into Amendment 13.
    Response: All the proposed measures were evaluated based on a 
comparison to the no action alternative, i.e., the management measures 
in place in 2001, prior to the Court-ordered measures implementing the 
Settlement Agreement (Interim Action). Amendment 13 uses bycatch 
information from the most recent completed assessments. Although 
additional bycatch information has been collected since the most recent 
assessments were completed (2002 fishing year), it has not been 
analyzed or reviewed through the stock assessment process and therefore 
is not considered the best scientific information available.
    Comment 86: One commenter stated that there should be scheduled 
bycatch reviews required for all exempted fisheries.
    Response: The regulations under the exempted fishery program (Sec.  
648.80(a)(8)) provide for additions as well as deletions of exempted 
fisheries, should there be concern that an exempted fishery is 
jeopardizing fishing mortality objectives. In addition, should there be 
concern regarding bycatch in an exempted fishery, the Council, at any 
time, may consider developing a framework adjustment to address this.

[[Page 22932]]

Observers

    Comment 87: Approximately 4,780 commenters, consisting mostly of 
form comments, stated that Amendment 13 should provide adequate 
observer coverage to monitor target and non-target species. Some of 
these commenters suggested that 10 percent coverage would be adequate; 
others suggested 20 percent coverage for all groundfish fisheries 
(including SAPs), with as much as 50 percent coverage for fisheries 
encountering protected species.
    Response: NMFS intends to maintain its observer coverage in the 
groundfish fishery at a minimum level of 5 percent. NMFS has conducted 
an analysis of the relative precision of discard estimates using 
observer coverage and landings data for the year 2000 for all stocks of 
regulated species in the NE multispecies fishery. This analysis focused 
on vessels fishing under the NE multispecies DAS program. Based on this 
analysis, NMFS has determined that 5 percent observer coverage on all 
trips fished under a NE multispecies DAS would provide sufficiently 
robust statistical data to assess and estimate the amount and type of 
bycatch of regulated species in the NE multispecies fishery. The 
criteria for statistical robustness include comparability with similar 
studies worldwide, consistency with Atlantic Coastal Cooperative 
Statistical Program (ACCSP) standards, and comparability with other 
variance components in the stock assessments. A 5-percent observer 
level represents a 5.6-fold increase in the number of trips observed in 
2000. Additional coverage, although not required for statistical 
adequacy in the groundfish fishery, could be implemented if dedicated 
resources are available, e.g., an allowance for 10-percent coverage as 
provided for in the Omnibus Bill for fishing year 2004. Additional 
coverage would exceed levels considered statistically adequate for the 
groundfish fishery, but may allow expanded coverage of other fisheries 
where it may not be possible to achieve a particular target coverage 
level but where some possibility of groundfish bycatch exists, e.g., 
the Atlantic herring midwater fishery. It would also allow flexibility 
to cover some potentially new components of the fishery, such as the 
use of B DAS, at higher rates as part of a pilot program. The Northeast 
Fisheries Science Center receives separate funding annually to place 
observers on vessels in fisheries that have the potential to take 
protected species. This coverage is directed annually by staff of the 
Northeast Regional Office's Protected Resources Division to address 
species of concern. Coverage levels are determined by computing the 
sample size needed for a specific degree of precision in the estimate 
of take, not by percentage coverage.
    For Fiscal Year (FY) 2004, NMFS intends to provide 10 percent level 
of observer coverage to estimate the amount and type of discards for 
the Northeast multispecies fishery as mandated by Congress in the FY 04 
budget appropriation. As stated above, NMFS has determined that 5 
percent observer coverage on all trips fished under a NE multispecies 
DAS would provide sufficiently robust statistical data to assess and 
estimate the amount and type of bycatch of regulated species in the NE 
multispecies fishery. This 5 percent level of observer coverage will 
resume in FY 05 and beyond, absent a similar appropriation requiring a 
greater level of observer coverage.
    Comment 88: Four commenters stated that there is no standard 
methodology to account for and minimize bycatch.
    Response: In accordance with the Magnuson-Stevens Act, NMFS is 
developing a bycatch protocol that describes common elements of a 
standardized bycatch reporting methodology (SBRM) for fisheries under 
the jurisdiction of the agency. Consistent with this protocol, the NE 
Multispecies FMP and Amendment 13 have measures in place that satisfy 
the elements of an SBRM being developed by NMFS. These include 
comprehensive reporting requirements on dealers and fishermen. In 
addition, Amendment 13 requires daily electronic dealer reporting when 
such a program is available. NMFS intends to implement such a program 
through a separate rulemaking anticipated to be in place on May 1, 
2004. Amendment 13 also requires that, once a viable electronic system 
becomes available, vessels will be subject to electronic reporting on a 
trip-by-trip basis. As stated in the response to Comment 86, NMFS 
intends to maintain its observer coverage in the groundfish fishery at 
no less than 5 percent. This coverage will be provided through the 
appropriate statistical design for each of the major gear types used in 
the NE multispecies fishery and will be distributed throughout the 
geographic range of the fishery. For groundfish DAS vessels fishing 
within the proposed U.S./Canada Management Area, real-time information 
on bycatch for the GB stocks of cod, haddock, and yellowtail flounder 
will be corroborated through the observer program. Should funds become 
available, NMFS also intends to increase observer coverage on non-
groundfish vessels to better assess bycatch of groundfish.
    Comment 89: One commenter stated that NMFS should revise Amendment 
13 to provide for a reasonable range of alternatives for adequate 
observer coverage.
    Response: As the Amendment 13 document points out, the Council does 
not manage the observer program and, therefore, did not consider a 
range of alternatives for observer coverage in this program. NMFS has 
determined through statistical analysis what level of coverage is 
adequate, as explained in the response to Comment 86. This analysis 
also considered other levels of observer coverage.

DAS Transfers

    Comment 90: Two commenters stated that they support the DAS 
Transfer Program because it will allow some vessels to survive.
    Response: NMFS agrees and has approved this program.
    Comment 91: Three commenters opposed the 40-percent conservation 
tax specified in the DAS Transfer Program, stating that it was 
excessive, provided little incentive to participate in the program, and 
that the program should have controls similar to the DAS Leasing 
Program. Two commenters believe that the requirement to surrender all 
permits is too punitive.
    Response: The intent of the proposed DAS Transfer Program is to 
provide the fishing industry with greater economic opportunity and 
flexibility by allowing vessels to permanently transfer their DAS, 
albeit at a cost in the form of a conservation tax (i.e., Category A 
and B DAS would be reduced by 40 percent and Category C DAS would be 
reduced by 90 percent). This ``tax'' is intended to provide a means to 
achieve some long-term reduction in fishing effort through the removal 
of active and inactive DAS from the groundfish fishery. Although the 
Council is currently considering modifying the conservation tax through 
a separate framework action, NMFS has determined that Amendment 13 
sufficiently analyzes the conservation tax and has approved this 
measure.

U.S./Canada

    Comment 92: Six commenters spoke in support of the Understanding, 
stating that this program will help mitigate the economic impacts of 
Amendment 13. One commenter specifically supported the gear 
requirements in the Eastern and Western U.S./Canada Areas.
    Response: NMFS supports the Understanding, as it will allow the 
U.S. and Canada to better coordinate

[[Page 22933]]

management of the U.S./Canada shared stocks of cod, haddock, and 
yellowtail flounder on GB. Upon reviewing the Amendment 13 document and 
the Council's intent in adopting the gear requirements (haddock 
separator trawl and flatfish net) included in the Understanding, NMFS 
has modified the final rule such that vessels would be subject to the 
gear modifications only when fishing in the Eastern U.S./Canada Area. 
Additional information on this issue may be found in the Response to 
Comment 16.
    Comment 93: One commenter opposed the use of hard TACs proposed for 
the U.S./Canada shared resources of cod, haddock, and yellowtail 
flounder, stating that hard TACs do not work.
    Response: NMFS believes that the hard TACs proposed for the shared 
U.S./Canada stocks of cod, haddock, and yellowtail flounder on GB are 
necessary to ensure compliance with the Understanding. Under the 
measures implementing the Understanding, groundfish DAS vessels fishing 
on a groundfish DAS within the U.S./Canada Management Areas are 
required to fish with a VMS and report their daily catches (both 
landings and discards) of cod, haddock, and yellowtail flounder. This 
real-time monitoring will provide timely information to make needed 
adjustments to ensure that these TACs are not exceeded.
    Comment 94: One commenter requested that both the haddock separator 
trawl and the flatfish net be allowed on board when fishing in the 
U.S./Canada Management Areas.
    Response: NMFS has modified the final rule to reflect this change.

Electronic Reporting

    Comment 95: A total of 4,779 commenters, consisting mostly of form 
comments, supported daily electronic dealer reporting.
    Response: NMFS has approved this measure and is currently 
developing a rule to implement the daily electronic dealer reporting 
requirement.
    Comment 96: A total of 4,779 commenters, consisting mostly of form 
comments, supported a mandatory VMS requirement.
    Response: Amendment 13 requires that groundfish DAS vessels that 
have opted to fish under a groundfish DAS in the U.S./Canada Management 
Area be required to fish with a VMS for the remainder of the fishing 
year, regardless of where they are fishing. This is anticipated to 
affect approximately 400 vessels, which makes up a large percentage of 
the groundfish DAS fleet. Implementing a mandatory VMS program for all 
groundfish vessels at this time was not considered as a management 
option in Amendment 13, largely because of the costs to smaller 
vessels. As costs come down for VMS units, NMFS and the Council intend 
to reconsider a universal VMS requirement.
    Comment 97: Seven commenters either supported or opposed the DAS 
Leasing Program. Four commenters supported the program, with two 
suggesting extending the program for a total of 5 years, instead of the 
proposed 2 year duration. Supporters indicated that the program would 
enable some vessels to continue to fish, maintain shoreside 
infrastructure, and prevent increases in fishing effort and large-scale 
effort shifts. One supporter of the program commented that the 120-day 
block out of the fishery requirement for day gillnet vessels prevents 
these vessels from participating in the program. One commenter opposed 
the program, stating that there was insufficient analysis of the 
impacts of the program on fishing mortality. Three commenters suggested 
that NMFS should disapprove the program if it results in increased DAS 
use rates and prevents the attainment of mortality goals. Finally, 
three commenters suggested implementing a leasing conservation tax, 
while an additional commenter suggested that NMFS closely monitor the 
leasing program for consolidation of effort.
    Response: The DAS Leasing Program will enable some vessels to 
continue fishing, despite reductions in allocated DAS, as well as help 
maintain shoreside infrastructure by ensuring a continuous supply of 
groundfish. NMFS also agrees that the DAS Leasing Program may increase 
the use rate of DAS. The allocation of A DAS took this fact into 
consideration. The DAS Leasing Program is one of many factors in the 
Amendment that may either increase or decrease the DAS use rate. The 
Amendment 13 analysis assumes that the rate of DAS use will increase 
over recent levels; however, it is not possible to determine precisely 
the affect of individual management measures or programs on the rate of 
use of DAS. NMFS agrees with commenters that support a 2-year duration 
of the program. Reevaluation of the effects of the DAS Leasing Program 
on fishing mortality and industry consolidation in 2005 will allow the 
Council to propose changes, as necessary, to address concerns and 
maintain the rebuilding schedule. Amendment 13 does not change the 
regulations governing Day gillnet vessels. While the 120 DAS block 
requirements limit the time available to participate in the DAS Leasing 
Program, these regulations do not prohibit participation in the 
program. Amendment 13 does not contain a DAS leasing tax. However, the 
Council is considering such a tax in Framework Adjustment 40.
    Comment 98: Two commenters supported the proposed size restrictions 
of lessee vessels, with one commenter preferring a horsepower 
conversion factor proposed in the April 24, 2003, proposed emergency 
rule (68 FR 20096) instead of the upgrade provisions proposed under 
Amendment 13.
    Response: The size restrictions for lessee vessels are intended to 
ensure that any increase in the DAS use rate resulting from a leasing 
program will not also result in an increase in fishing capacity. These 
size restrictions are consistent with the vessel upgrade provisions 
specified at Sec.  648.4. Therefore, the size restrictions maintain 
fishing capacity within the limits assessed in Amendment 13. The 
horsepower conversion factor preferred by one commenter and specified 
in the proposed emergency rule was withdrawn on July 14, 2003 (68 FR 
41549) based upon public comments.
    Comment 99: Two commenters opposed the proposed method for 
assigning DAS leasing history. One commenter suggested that the DAS use 
and landings history should be assigned as determined by the lease 
participants, while the other commenter suggested that both the DAS use 
and the landings history should accrue to the lessor.
    Response: The attribution of DAS use and landings history is 
necessary to account for DAS usage and landings and is consistent with 
the provisions governing DAS use and landings outside of the DAS 
Leasing Program. This method is also consistent with current data 
tracking methods and more accurately reflects vessel activity within 
the program. Further, at this time, the NMFS data tracking programs are 
not capable of assigning DAS use and landings history based upon an 
agreement between lease participants. Because the method for accounting 
for DAS is based on a presumption of what information the Council may 
require later, the Council may recommend other accounting methods in 
future actions, provided such methods are adequately justified and 
consistent with applicable law.
    Comment 100: Two commenters addressed the ability to lease DAS from 
permits held in Confirmation of Permit History (CPH). One commenter 
indicated there is no justification to disallow the leasing of CPH DAS, 
while the other commenter supported the

[[Page 22934]]

proposed prohibition of leasing CPH DAS.
    Response: Restrictions prohibiting permits held in CPH from leasing 
DAS were proposed to reduce the amount of latent effort entering the 
fishery resulting from the leasing program. Currently, there are 68 
permits held in CPH that would qualify for a total of 1,482 Category A 
DAS under Amendment 13. Under the DAS Leasing Program, these DAS will 
be unavailable for leasing and represent a reduction in potential 
effort increases. However, these DAS may be leased if permits are taken 
out of CPH and placed upon another vessel. The DAS associated with such 
vessels were included in the analysis of biological impacts in 
Amendment 13. This is consistent with the CPH regulations specified at 
Sec.  648.4(a)(1)(i)(J).
    Comment 101: One commenter suggested that the procedure for 
correcting a DAS baseline specified in the regulations should include a 
reference to consideration of requests for DAS baseline corrections 
that result from participation in a cooperative research project.
    Response: NMFS disagrees that additional regulatory language is 
required. The procedure to correct an incorrect DAS baseline addresses 
a separate issue than the Council's policy statement on the loss of DAS 
due to participation in a cooperative research project. The Regional 
Administrator has the authority to implement the Council's policy if 
appropriate.
    Comment 102: One commenter suggested additional regulatory text 
that would clarify the time period when DAS leasing applicants could 
submit applications for the following fishing year, and suggested that 
NMFS accept applications as of March 15.
    Response: NMFS has clarified the pertinent regulations in this 
final rule, although NMFS did not restrict the time period that an 
applicant may submit an application for the following fishing year.
    Comment 103: One commenter supported defining OY as 75 percent of 
Fmsy, but was concerned that the management measures allow F to exceed 
OY. The commenter questioned how such measures comply with the 
requirements of the Magnuson-Stevens Act that OY be achieved on a 
continuing basis.
    Response: The Magnuson-Stevens Act defines OY as the yield from a 
fishery that provides the greatest overall benefit to Nation, is 
prescribed based on MSY and, for an overfished fishery, provides for 
rebuilding to a level consistent with producing MSY. The management 
measures contained in Amendment 13 have been designed to meet all these 
requirements and, in NMFS's opinion, have at least a 50 percent 
probability of doing so.
    Comment 104: An environmental organization expressed concern 
regarding bycatch of migratory striped bass in the groundfish fishery, 
particularly by trawl vessels, and requested that the final rule 
implementing Amendment 13 take action to reduce seasonal bycatch of 
striped bass. The commenter also requested that at-sea observer 
coverage be used to closely monitor and report striped bass bycatch.
    Response: The measures to reduce bycatch in the groundfish fishery 
that were proposed in Amendment 13 were approved; NMFS does not have 
the authority to implement measures that were not proposed in Amendment 
13 in this final rule. An initial examination of information on striped 
bass bycatch in the NMFS at-sea observer database indicates that, while 
striped bass bycatch in the groundfish trawl fishery has been observed, 
significant catches appear to be infrequent and limited in time and 
area. NMFS will continue to collect and analyze data on all species 
caught in the groundfish fishery through the at-sea observer program, 
which will provide information on bycatch that could be used by the 
Council to develop future measures to further reduce bycatch.

Changes from the Proposed Rule

    NMFS has made several changes to the proposed rule as a result of 
public comment and because of the disapproval of several management 
measures proposed in Amendment 13. Other changes are technical or 
administrative in nature and clarify or otherwise enhance enforcement 
and administration of the fishery management program. These changes are 
listed below in the order that they appear in the regulations.
    In Sec.  648.2, definitions are added for: ``Circle hook,'' 
``Stocks targeted by the default measures,'' ``Transboundary Management 
Guidance Committee,'' ``Transboundary Resource Advisory Committee,'' 
and ``U.S./Canada Steering Committee,'' to clarify these terms in the 
regulations.
    In Sec.  648.4(a)(1)(i)(A)(2), the date until which reported 
landings to qualify for the limited access Handgear A permit will be 
accepted is corrected to be consistent with the date described in the 
preamble of the proposed rule.
    In Sec.  648.4, paragraph (a)(1)(i)(A)(3) is added to further 
define the application criteria for the limited access Handgear A 
permit.
    In Sec.  648.4, paragraph (a)(1)(ii) is added to further define 
what types of vessels may qualify for open access multispecies, hand 
gear or charter/party permits.
    In Sec.  648.4, paragraph (c)(2)(iii)(B) is modified to reflect the 
disapproval of the GB Hook Gear Cod Trip Limit Program.
    In Sec.  648.9, paragraph (c)(1)(ii) is revised to clarify that 
double polling of the VMS unit for groundfish DAS vessels will occur 
only when the vessel is fishing under a groundfish DAS within the U.S./
Canada Management Areas.
    In Sec.  648.10(b)(2)(i), the reference to Sec.  648.85(a)(2)(iii) 
is corrected to read Sec.  648.85(a)(3)(ii).
    In Sec.  648.10(b)(2)(v), the inadvertent reference to paragraph 
(b)(2)(v) is removed.
    In Sec.  648.14, paragraph (a)(132) is revised to reflect the 
application of the gear requirement to the Eastern U.S./Canada Area.
    In Sec.  648.14, paragraph (a)(134), and paragraphs (a)(142) 
through (152) are revised as a result of the disapproval of the CA II 
Haddock SAP and the CA I Hook Gear SAP.
    Sec.  648.14, paragraph (c)(24) is revised to reflect disapproval 
of the GB Hook Gear Trip Limit Program.
    In Sec.  648.14, paragraph (c)(30) is revised to reflect 
disapproval of the exemption of shrimp trawls from the WGOM Habitat 
Closure Area.
    In Sec.  648.14, paragraph (c)(50) is removed to reflect 
disapproval of the GB Hook Gear Trip Limit Program.
    In Sec.  648.80, paragraphs (a)(8)(i), (ii), and (iv) are revised 
to replace the word ``bycatch,'' with ``incidental catch,'' to reflect 
the definition of bycatch used in the Magnuson-Stevens Act.
    In Sec.  648.80, paragraph (a)(8)(iii) is revised to correct an 
omission in the proposed rule regulatory text, but referred to in the 
preamble to the proposed rule, by including language that provides the 
Council with the ability to recommend to the Regional Administrator, 
through a framework adjustment, an exemption that would allow vessels 
to retain and land regulated multispecies.
    In Sec.  648.80, paragraph (b)(11) is revised to include language 
referencing 50 CFR part 648, subpart D.
    In Sec.  648.80, paragraph (i)(4) is revised to clarify that the 
requirement to send a letter to the Regional Administrator is annual.
    In Sec.  648.81, paragraph (c)(2)(iii) is added to reflect the 
disapproval of the provision that would have excluded

[[Page 22935]]

surfclam and ocean quahog dredge gear from those portions of the NLCA 
that reside outside the Nantucket Lightship Habitat Closure Area.
    In Sec.  648.81(d)(2), the reference to paragraphs (b)(2)(ii) and 
(iii) is corrected to read paragraphs (f)(2)(ii) and (iii).
    In Sec.  648.81, paragraph (h)(1)(i) is revised to reflect the 
disapproval of the shrimp trawl exemption from the WGOM Habitat Closure 
Area.
    In Sec.  648.82, paragraph (b)(6) is revised, as requested by the 
Council, to include language to round up to the nearest 50 lb (22.7 kg) 
an adjustment to the cod trip limit for limited access Handgear A 
permitted vessels for ease of administration and enforcement. This 
paragraph is also revised to reflect that the cod trip limit adjustment 
is dependent on changes to the GOM cod trip limit, rather than the cod 
trip limit.
    In Sec.  648.82(c)(1), the date for reported landings to determine 
a vessel's baseline DAS allocation is corrected to be consistent with 
the date in the preamble of the proposed rule.
    In Sec.  648.82, paragraphs (c)(1) and (d) are revised to clarify 
the permit categories for which a DAS baseline shall be defined and a 
DAS allocation made available, respectively.
    In Sec.  648.82, paragraph (c)(1) is revised to clarify that a 
vessel's Amendment 13 used DAS baseline should never exceed the 
vessel's annual DAS allocation prior to August 1, 2002.
    In Sec.  648.82, paragraph (d)(4) is revised, as requested by the 
Council, to more accurately reflect the criteria and procedure for not 
reducing DAS allocations and modifying DAS accrual.
    In Sec.  648.82, paragraph (e) is respecified as paragraphs (e)(1) 
and (e)(2) for clarification.
    In Sec.  648.82, paragraph (k)(3) is revised to be consistent with 
Amendment 13, as requested by the Council, to reflect that vessels may 
submit a DAS lease application prior to the start of a fishing year.
    In Sec.  648.82, paragraph (k)(3)(i) is revised, as requested by 
the Council, to include the following language: ``Aggregate data may be 
used in the analysis of the DAS Leasing Program.''
    In Sec.  648.82, paragraph (k)(3)(iv) is revised, as requested by 
the Council, to clarify that additional DAS associated with a limited 
access Large Mesh permit may not be counted towards a vessel's 2001 
fishing year allocation when determining how many DAS a vessel may 
lease.
    In Sec.  648.82, paragraph (l)(1)(ii) is revised to include a 
restriction on gross tonnage that was omitted from the proposed rule in 
error. This change makes the regulations consistent with the intent of 
the Council.
    In Sec.  648.85, paragraph (a)(3)(i) is revised to clarify that VMS 
double polling per hour would occur in the U.S./Canada Management Areas 
only for groundfish DAS vessels declaring a groundfish DAS in this 
area.
    In Sec.  648.85, paragraph (a)(3)(ii) is revised to clarify that 
groundfish DAS vessels must declare into the U.S./Canada Management 
Areas only when intending to fish under a groundfish DAS.
    In Sec.  648.85(a)(3)(ii), the incorrect reference to paragraph 
(b)(4) is removed.
    In Sec.  648.85, paragraph (a)(3)(iii) is revised to be consistent 
with Amendment 13, as requested by the Council, to indicate that the 
gear requirements under the Understanding are specific to the Eastern 
U.S./Canada Area only. In addition, a reference to paragraph (a)(1) is 
corrected to read paragraph (a)(1)(i), and a reference to paragraphs 
(a)(6)(i) and (ii) is corrected to read paragraphs (a)(3)(iii)(A) and 
(B).
    In Sec.  648.85, paragraphs (a)(3)(iii) and (b)(3)(x) are clarified 
to read that a vessel fishing in the Eastern U.S./Canada Area may fish 
with both a haddock separator trawl and a flatfish net on the same 
trip.
    In Sec.  648.85, paragraphs (a)(3)(iii)(A) and (B) are revised to 
reflect changes made to the gear requirements under the Understanding 
based on public comment received.
    In Sec.  648.85, paragraph (a)(3)(iv)(A) is revised to be 
consistent with Amendment 13, as requested by the Council, to reflect 
that the 500-6lb (227-kg) daily cod limit is a landing limit rather 
than a possession limit and includes a maximum trip limit of 5,000 lb 
(2,270 kg). This paragraph further clarifies that this trip limit is 
specific to the Eastern U.S./Canada Area only.
    In Sec.  648.85, paragraphs (a)(3)(iv)(A)(1) and (2) are added to 
include language that the Eastern U.S./Canada Area will close upon 
attainment of 100 percent of the cod TAC.
    In Sec.  648.85, paragraphs (a)(3)(iv)(A)(1), (B)(3), and (C)(3) 
are revised to reflect that all vessels will be prohibited from 
retaining cod, haddock, and yellowtail flounder, respectively, once 100 
percent of the respective TACs are projected to be attained.
    In Sec.  648.85, paragraph (a)(3)(iv)(B) is revised to reflect that 
the haddock limit is a landing limit rather than a possession limit.
    In Sec.  648.85, paragraphs (a)(3)(iv)(B)(3) and (C)(3) are 
corrected, as requested by the Council, to indicate that the closure of 
the Eastern U.S./Canada Area is specific to groundfish DAS vessels 
only.
    In Sec.  648.85, paragraphs (a)(3)(iv)(C)(1) and (2) are revised to 
reflect that the only yellowtail flounder trip limit in the U.S./Canada 
Management Areas, prior to any adjustment, is within the CA II 
Yellowtail Flounder SAP.
    In Sec.  648.85, paragraph (a)(3)(iv)(E) is corrected to be 
consistent with Amendment 13, as requested by the Council, to indicate 
that the closure of the Eastern U.S./Canada Area is specific to 
groundfish DAS vessels only.
    In Sec.  648.85, paragraph (a)(3)(v) is revised to clarify the 
daily reporting requirements for cod, haddock, and yellowtail flounder 
for vessels declared in the U.S./Canada Area.
    In Sec.  648.85, paragraphs (b)(1) and (2) are revised to reflect 
the disapproval of the abbreviated SAP process proposed in Amendment 
13.
    In Sec.  648.85, paragraph (b)(3)(v) is revised and paragraphs 
(b)(3)(v)(A) and (B) are removed to reflect a change to the VMS 
declaration regulations resulting from disapproval of the CA II Haddock 
SAP.
    In Sec.  648.85, paragraph (b)(3)(viii) is revised to clarify that 
the cod trip limit in the CA II Yellowtail Flounder SAP is one-fifth of 
the daily cod possession specified for the Eastern U.S./Canada Area.
    In Sec.  648.85, paragraph (b)(4) is revised and paragraph (b)(6) 
is removed to reflect disapproval of the Closed Area II Haddock SAP. In 
addition, paragraph (b)(4) has been clarified to indicate that only 
limited access NE multispecies vessels are allowed to fish in the SNE/
MA Winter Flounder SAP. Also, paragraph (b)(4)(iv) is modified to 
replace phrase ``NE multispecies'' with ``regulated species.''
    In Sec.  648.85, paragraph (b)(5) is removed to reflect disapproval 
of the CA I Hook Gear SAP.
    In Sec.  648.85, paragraph (c)(2)(iii)(C) is revised, as requested 
by the Council, to specify that the GB TAC referred to is the GB cod 
TAC.
    In Sec.  648.86, paragraph (b)(2)(iii) is modified to reflect the 
disapproval of the GB Hook Gear Cod Trip Limit Program.
    In Sec.  648.87, paragraph (b)(1)(i) is corrected to refer to a 
sector allocation instead of a framework adjustment.
    In Sec.  648.87, paragraphs (b)(1)(vii), (b)(1)(ix), (b)(2)(x), 
(c)(1), (c)(2), (c)(3), and (d)(1) were modified, and a new paragraph 
(b)(1)(xv) was added in order to ensure effective administration and 
enforcement of the sector allocation program. These changes, edits and 
additions clarify what requirements sector participants must comply 
with, that sector participants may be charged jointly and severally 
pursuant to 15 CFR

[[Page 22936]]

Part 904, and that sector participants must possess a Letter of 
Authorization issued by NMFS which authorizes participation in the 
sector and exempts them from certain fishery regulations necessary to 
fish in accordance with an Operations Plan.
    In Sec.  648.87, paragraph (b)(1)(xvi) was added, consistent with 
Amendment 13, to specify the NE multispecies management measures that 
all Sectors, fishing under a TAC allocation, must abide by.
    In Sec.  648.87, paragraph (b)(2) is revised to clarify that both 
an Operations Plan and a Sector Contract must be submitted to the 
Regional Administrator.
    In Sec.  648.87, paragraph (c) is modified to add Regional 
Administrator authority to exempt members of an approved sector from 
Federal fishing regulations.
    In Sec.  648.87(c)(1), the reference to paragraph (c)(1) is 
corrected to read paragraph (b)(2).
    In Sec.  648.87, paragraph (c)(4) was added in order to ensure 
effective administration and enforcement of the sector allocation 
program. This change indicates that the Regional Administrator may 
withdraw approval of a Sector, after consultation with the Council 
based on a Sector participants noncompliance with the Sector's 
Operation Plan or if the Operations Plan undermines the achievement of 
fishing mortality objectives of the NE Multispecies FMP.
    In Sec.  648.87(d)(1), the reference to paragraphs (e)(1)(ii) and 
(d) are corrected to read paragraphs (d)(1)(ii) and (c), respectively.
    In Sec.  648.87, paragraph (d)(1)(i) is revised to correct the 
definition of the GBCHSA to include the Eastern U.S./Canada Area, which 
was incorrectly omitted from the definition in the proposed rule.
    In Sec.  648.87(d)(1)(iii)(A), paragraph (b)(1)(i) is corrected to 
read (b)(2).
    In Sec.  648.88, paragraph (a)(1) is revised, as requested by the 
Council, to include language to round up to the nearest 25 lb (11.4 kg) 
an adjustment to the cod trip limit for open access Handgear permitted 
vessels for ease of administration and enforcement.
    In Sec.  648.89, paragraph (e)(3)(ii) is corrected to be consistent 
with the letter of authorization requirements of the other closed 
areas.
    In Sec.  648.90, paragraph (d) is revised and paragraph (e) is 
added to reflect disapproval of the removal of the Flexible Area Access 
Program.

Classification

    The Regional Administrator determined that the FMP amendment 
implemented by this rule is necessary for the conservation and 
management of the NE multispecies fishery and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be significant for purposes 
of Executive Order 12866.
    A notice of availability of the FSEIS, which analyzed the impacts 
of all of the measures under consideration in Amendment 13, was 
published on February 6, 2004 (68 FR 5856). Through the FSEIS, NMFS has 
analyzed project alternatives, associated environmental impacts, the 
extent to which the impacts could be mitigated, and has considered the 
objectives of the proposed action in light of statutory mandates, 
including the Magnuson-Stevens Act. NMFS has also considered public and 
agency comments received during the EIS review periods. In balancing 
the analysis and public interest, NMFS has decided to partially approve 
the Council's preferred alternative. NMFS also concludes that all 
practical means to avoid, minimize, or compensate for environmental 
harm from the proposed action have been adopted. A copy of the ROD for 
Amendment 13 is available from the Regional Administrator (see 
ADDRESSES).
    As described in the preamble to the proposed rule, this action is 
being taken consistent with the Court Order issued in CLF v. Evans, 
which requires implementation of Amendment 13 no later than May 1, 
2004. NMFS has been developing the implementing regulations for 
Amendment 13 since January 2004 with goal of implementing Amendment 13 
on May 1, 2004. However, a provision (Div. H, section 105) in the 
Consolidated Appropriations Act of 2004 precluded NMFS from expending 
any funds authorized for Fiscal Year 2004 to ``implement any measures 
to reduce overfishing and promote rebuilding of fish stocks managed 
under the Management Plan [Northeast Multispecies FMP] other than such 
measures set out in the final rule.'' This language prevented NMFS from 
implementing Amendment 13 as a final rule on time to be in compliance 
with the CLF court order unless it was repealed before May 1, 2004. 
However, on April 13, 2004, President Bush signed into law H.R. 2584, 
which contains a provision repealing Section 105 of division H of the 
Consolidated Appropriations Act of 2004, thus enabling NMFS to 
implement Amendment 13.
    To comply with the Court-ordered May 1,2004 implementation of 
Amendment 13, the Assistant Administrator for NMFS, under 5 U.S.C. 
553(d)(3) finds good cause to waive the 30-day delayed effectiveness 
for the management measures contained in Amendment 13. Although NMFS is 
waiving the 30-day delay in effectiveness, the implementing regulations 
for Amendment 13 will not take effect until May 1, 2004, or as 
otherwise stated in the ``Dates'' section above.
    This rule contains 21 new collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). The collection of this 
information has been approved by OMB. The public's reporting burden for 
the collection-of-information requirements includes the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection-of-information requirements.
    The new reporting requirements and the estimated time for a 
response are as follows:
    1. Initial vessel application for a limited access Handgear A 
permit, OMB Control Number 0648-0202, (10 min/response);
    2. Limited access Handgear A permit appeals, OMB Control Number 
0648-0202, (2 hr/response);
    3. DAS baseline appeal, OMB Control Number 0648-0202, (2 hr/
response);
    4. DAS Transfer Program application, OMB Control Number 0648-0202, 
(5 min/response);
    5. VMS purchase and installation, OMB Control Number 0648-0202, (1 
hr/response);
    6. Automated VMS polling of vessel position twice per hour while 
fishing within the U.S./Canada Area, OMB Control Number 0648-0202, (5 
sec/response);
    7. VMS proof of installation, OMB Control Number 0648-0202, (5 min/
response);
    8. SAP area and DAS use declaration via VMS prior to each trip into 
a SAP, OMB Control Number 0648-0202, (5 min/response);
    9. Notice requirements for observer deployment prior to every trip 
into the CA I Hook Gear SAP, OMB Control Number 0648-0202, (2 min/
response);
    10. Expedited submission of a proposed SAP, OMB Control Number 
0648-0202, (20 hr/response);
    11. Request to power down VMS for at least 1 month, OMB Control 
Number 0648-0202, (5 min/response);
    12. Request for an LOA to participate in the GOM Cod Landing 
Exemption, OMB Control Number 0648-0202, (5 min/response);
    13. Request for an LOA to participate in the Yellowtail Flounder 
Possession/Landing Exemption for the Northern

[[Page 22937]]

Yellowtail Trip Limit Area, OMB Control Number 0648-0202, (5 min/
response);
    14. Request for an LOA to participate in the Yellowtail Flounder 
Possession/Landing Exemption in SNE and MA RMAs, OMB Control Number 
0648-0202, (5 min/response);
    15. Request for an LOA to participate in the Monkfish Southern 
Fishery Management Area Landing Limit and Minimum Fish Size Exemption, 
OMB Control Number 0648-0202, (5 min/response);
    16. Request for an LOA to participate in the Skate Bait-only 
Possession Limit Exemption, OMB Control Number 0648-0202, (5 min/
response);
    17. Submission of a sector allocation proposal, OMB Control Number 
0648-0202, (50 hr/response);
    18. Submission of a plan of operations for an approved sector 
allocation, OMB Control Number 0648-0202, (50 hr/response);
    19. Daily electronic catch and discard reports of GB cod, GB 
haddock, and GB yellowtail flounder when fishing within the U.S./Canada 
Area and/or the associated SAPs, OMB Control Number 0648-0212, (0.25 
hr/response);
    20. Annual reporting requirement for sectors, OMB Control Number 
0648-0202, (6 hours/response); and
    21. Trip notification for vessels participating in the Eastern 
U.S./Canada Area for the purpose of observer coverage, OMB Control 
Number 0648-0202, (5 min/response). Public comment is sought regarding: 
Whether the proposed collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information shall have practical utility; the accuracy of the 
burden estimate; ways to enhance the quality, utility, and clarity of 
the information to be collected; and ways to minimize the burden of the 
collection of information, including through the use of automated 
collection techniques or other forms of information technology. Send 
comments on these or any other aspects of the collection of information 
to NMFS (see ADDRESSES) and to OMB at the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington DC 
20503 (Attn: NOAA Desk Officer).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a 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.

Final Regulatory Flexibility Analysis

    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), has prepared this FRFA in support of Amendment 13 to the Fishery 
Management Plan for Northeast Multispecies (Amendment 13). The FRFA 
describes the economic impact that this final rule will have on small 
entities.
    The FRFA incorporates the economic impacts summarized in the 
initial RFA (IRFA) for the proposed rule to implement Amendment 13 (69 
FR 4362, January 29, 2004) and the corresponding economic analyses 
prepared for Amendment 13 (e.g., the FSEIS and the Regulatory Impact 
Review (RIR)). For the most part, those impacts are not repeated here. 
A copy of the IRFA, the FRFA, the RIR and the FSEIS are available from 
NMFS, Northeast Regional Office and on the Northeast Regional Office 
Website (see ADDRESSES). A description of the reasons why this action 
is being considered, the objectives of, and legal basis for, the final 
rule is found in the preamble to the final rule.

Description of and Estimate of the Number of Small Entities to Which 
the Final Rule Will Apply

    The final rule implements changes affecting any vessel holding a 
limited access groundfish permit, an open access handgear-only permit, 
and vessels that hold an open access Party/Charter permit. Based on 
fishing year 2002 (FY 2002) data, the total number of small entities 
that may be affected would be 1,442 limited access permit holders, 
1,994 Handgear permit holders, and 685 Party/Charter permit holders. 
However, since an open access permit holder may hold more than one 
permit, the total number of unique entities holding either a Handgear 
or a Party/Charter permit was 2,250 of which 1,565 held only a Handgear 
permit, 306 held only a Party/Charter permit, and 379 held both a 
Handgear and a Party/Charter permits. The Small Business Administration 
size standard for small commercial fishing entities is $3.5 million in 
gross receipts, while the size standard for small Party/Charter is $5.0 
million in gross receipts. The commercial fishing size standard would 
apply to limited access permit holders, as well as open access Handgear 
only permits. Available data based on 1998-2001 average gross receipts 
show that the maximum gross receipts for any single commercial fishing 
vessel was $1.3 million. For this reason, each vessel is treated as a 
single entity for purposes of size determination and impact assessment. 
This means that all commercial fishing entities would fall under the 
SBA size standard. In addition, since all Party/Charter vessels have 
gross receipts of under $5.0 million, these also fall under the SBA 
size standard. Since all entities were deemed to fall under the SBA 
size standard for small commercial and recreational fishing entities, 
there will be no disproportionate impacts between small and large 
entities.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of the Proposed Rule

Reporting and Recordkeeping Requirements

    The measures approved under Amendment 13 include the following 
provisions requiring either new or revised reporting and recordkeeping 
requirements: (1) Initial vessel application for a limited access 
Handgear A permit; (2) limited access Handgear A permit appeals; (3) 
DAS baseline appeals; (4) DAS Transfer Program application; (5) VMS 
purchase and installation; (6) automated VMS polling of vessel position 
twice per hour while fishing within the U.S./Canada Management Area; 
(7) VMS proof of installation; (8) SAP area and DAS use declaration via 
VMS prior to each trip into a SAP; (9) expedited submission of a 
proposed SAP; (10) request to power down VMS for at least 1 month; (11) 
request for an LOA to participate in the GOM Cod Landing Exemption; 
(12) request for an LOA to participate in the Yellowtail Flounder 
Possession/Landing Exemption for the Northern Yellowtail Trip Limit 
Area; (13) request for an LOA to participate in the Yellowtail Flounder 
Possession/Landing Exemption in SNE and MA RMAs; (14) request for an 
LOA to participate in the Monkfish Southern Fishery Management Area 
Landing Limit and Minimum Fish Size Exemption; (15) request for an LOA 
to participate in the Skate Bait-only Possession Limit Exemption; (16) 
submission of a sector allocation proposal; (17) submission of a plan 
of operations for an approved sector allocation; (18) daily electronic 
catch and discard reports of GB cod, GB haddock, and GB yellowtail 
flounder when fishing within the U.S./Canada Management Area and/or the 
associated SAPs; and (19) annual reporting requirement for sectors. The 
compliance costs associated with most of these new reporting and 
recordkeeping requirements are minimal, consisting only of postage and 
copying costs. Individual vessel owners or groups of vessel owners will 
be impacted by these

[[Page 22938]]

requirements. There will not be a need for professional skills to 
comply with these requirements, although groups of vessel owners 
applying for a sector allocation may be advised to seek outside 
consulting services in preparing and submitting a plan for a sector 
allocation. Additional information regarding the projected reporting or 
recordkeeping costs associated with this action was made available for 
review in NMFS's PRA submission to OMB on or about February 10, 2004.

Other Compliance Requirements

    All groundfish DAS vessels participating in the U.S./Canada 
Understanding, including all participants in the CA II Yellowtail 
Flounder SAP, with the exception of the SNE/MA Winter Flounder SAP, 
must use VMS within these programs. Any vessel that does not currently 
possess a VMS must obtain one prior to fishing in the U.S./Canada 
Management Area. The cost of purchasing and installing VMS, along with 
the associated operational costs is currently estimated at $3,600 per 
vessel.
    The required changes to mesh size relative to the no-action 2001 
baseline (pre-court order and settlement agreement fishery) were 
estimated to affect 424 trawl vessels fishing in the GOM or GB area, 
and 221 trawl vessels fishing in the SNE area. The average cost to 
replace a codend was estimated to be $1,250. The mesh changes were 
estimated to affect 18 Day gillnet vessels that use tie-down nets in 
the GOM. The average cost to these vessels to replace their nets is 
estimated to be $7,794. The mesh changes were estimated to affect 31 
Day gillnet vessels that use stand-up nets in the GOM. The average cost 
to these vessels to replace their nets was $9,300. The mesh changes 
were estimated to affect 25 Trip gillnet vessels that fish in the GOM. 
The average cost to these vessels to replace their nets was estimated 
to be $18,352. The mesh changes were estimated to affect 32 gillnet 
vessels that fished in either GB or SNE. The average cost to these 
vessels to replace their nets was estimated to be $8,800. However, most 
requirements to purchase new nets to be in compliance with mesh 
regulations implemented by this final rule also have appeared in a 
series of emergency rules to implement the Court Order and subsequent 
Settlement Agreement. Therefore, for the majority of vessels that have 
continued in the fishery, these compliance costs have already been met.
    The average cost for vessels fishing in the eastern US/Canada 
Management Area to replace their nets with a flatfish net was estimated 
to be $7500, and the average cost associated with purchasing and 
installing a separator panel, for the purposes of being in compliance 
with the haddock separator trawl net requirement, was estimated to be 
approximately $747. The modification of an existing flatfish net to 
meet the requirements of the final rule is estimated to be $550.

A Summary of the Significant Issues Raised by the Public Comments in 
Response to the IRFA, a Summary of the Assessment of the Agency of Such 
Issues, and a Statement of Any Changes Made in the Proposed Rule as a 
Result of Such Comments

    NMFS received forty-nine hundred and forty-one comments on the 
proposed rule. Of these, there were eleven comments on the IRFA and 
several comments that directly or indirectly dealt with economic 
impacts to small entities (vessels) resulting from the management 
measures presented in the proposed rule to implement Amendment 13.
    One commercial fishing group submitted a number of comments on the 
IRFA. Those comments and NMFS's responses follow:
    Comment A: The Agency's economic analysis (referring to the IRFA) 
focuses exclusively on fishing vessels, neglecting a review of the 
impacts on shoreside infrastructure, accessory businesses, and most 
importantly, the consumer. The analysis fails to address the magnitude 
of the effects on port infrastructure, including but not limited to 
dock owners, processors, gear, fuel and ice suppliers. Without this 
data and analysis, the review lends itself to more commentary about the 
analysis that is missing as opposed to the analysis that is present.
    Response: The IRFA contained in the proposed rule fulfills the 
requirements of the RFA which directs Federal agencies to analyze 
economic impacts to small business entities resulting from implementing 
regulations. Neither the RFA, nor Federal caselaw require Federal 
agencies to analyze the expected economic impacts resulting from their 
regulations on small entities indirectly affected by the agency's 
actions. Instead, the RFA analysis is limited to small entities which 
will be directly regulated by a Federal agency. In this case, the 
analysis is focused on vessels that comprise the affected NE 
multispecies fleet. The Council's economic analysis contained in 
Amendment 13 and the RIR address the commenter's concerns. A thorough 
breakdown of economic impacts by industry, by port, is provided in 
Volume 1, Section 5.4.6 of Amendment 13. Results of that analysis 
fulfills the requirements of E.O. 12866 which requires the Agency to 
take into account all economic impacts to the Nation resulting from 
rulemaking. See also response to comment 47.
    Comment B: The Agency's analysis of the economic impacts is 
incomplete and not entirely helpful. The Agency itself writes, 
regarding its primary evaluation for vessels, `` Change in gross 
revenues provides an incomplete picture of the impact of the proposed 
action on vessel profitability making it difficult to determine whether 
any given vessel may cease business operations.'' Without knowing the 
complete impact on fishing vessels how can one attempt to realize the 
full effect of the proposed rule?
    Response: The economic analysis for evaluation of vessels in 
Amendment 13 is not incomplete. In the section cited by the commenter, 
the analyst is explaining why the Council did not use changes in gross 
revenue as a proxy for profitability, although it is not unusual to use 
this technique for fishery management actions where cost data is 
incomplete or unavailable. Instead, the Council estimated a relative 
measure of profitability change and percent of possible business 
failures by simulating vessel costs and returns using a combination of 
the cost data developed for the break-even DAS analysis, available 
data, and the estimated reduction in effective effort. Specifically, 
empirical data were used to fit theoretical probability distributions 
for fixed costs, costs per day, annual revenue on groundfish trips, 
annual revenue on trips where groundfish were not landed, days absent 
on groundfish trips, and days absent on trips where groundfish were not 
landed.
    Comment C: NMFS states that no data collection system exists to 
collect cost data comparable to the permit database which collects 
information on landings and revenues, and there are no means to 
directly provide a reliable numerical estimate of current profit levels 
or how many vessels may be able to remain profitable once the proposed 
action is implemented. The commenter states that these statements only 
reinforce our frustration regarding economic impacts to communities.
    Response: NMFS concurs that a comprehensive fishing vessel cost 
database would improve economic analysis of Amendment 13, or any other 
management action but such a data base was not available at the time 
analysis of vessel-level impacts were estimated. Vessel break-even 
analysis was consistent with similar analyses prepared for prior 
groundfish actions,

[[Page 22939]]

and impacts based on vessel-level changes in gross revenues is also 
standard practice in the absence of reliable cost data. The limitations 
of this approach are acknowledged in the FSEIS. See also response to 
comment 48.
    Comment D: We are troubled by NMFS's admission that the DAS leasing 
model is incomplete. Incomplete analysis and modeling does not give a 
clear picture of the socio-economic effects of leasing, making it 
difficult to comment effectively on the impact to the industry and 
fishing communities.
    Response: NMFS does not believe the mathematical programming model 
used to determine the profitability of DAS leasing is incomplete. There 
is no admission of an incomplete analysis found in the IRFA 
accompanying the proposed rule. Rather, NMFS has described the likely 
socio-economic impacts resulting from a DAS leasing program in the 
section entitled ``Steps Taken to Minimize Economic Impacts.''
    The Office of Advocacy, U.S. Small Business Administration 
(Advocacy) submitted the following comments on the IRFA:
    Comment E: Advocacy notes that NMFS discusses the economic impacts 
of the various proposed rule requirements individually, and there is no 
discussion on what the final overall impact of all of the actions and 
compliance requirements will be on small fishers. Advocacy believes 
that the transparency and usability of the impact assessment would be 
improved for use by interested small entities if the costs were 
presented in a summary table. It is difficult to discern the total cost 
of the rule on any particular vessel even if one knows all of the data 
regarding the vessels size and operation location. Advocacy would like 
to see an introductory statement regarding total impacts to the 
industry.
    Response: NMFS has concluded that the approach used in the analysis 
does not lend itself easily to a broad interpretation of total impacts 
or impacts to a typical or average multispecies vessel. In many 
analyses, profitability is assumed to be shared equally among vessels 
regardless of different geographic areas, gear type, vessel size, etc. 
In the Amendment 13 economic analysis, the Council was able to specify 
a more exact estimate of profitability depending upon the socio-
economic description of vessels, specifically in regard to vessel size, 
gear, and port of landing in terms of profitability. This allows a 
vessel owner of a specific sized vessel, from a specific geographic 
area, using a specific gear type, to ascertain the impact of the final 
rule on a particular vessel. However, in response to Advocacy's 
request, NMFS has produced a summary table of economic impacts to small 
vessels resulting from this rule. This table appears as an appendix to 
the FRFA, which can be obtained from NMFS, Northeast Regional Office 
and on the Northeast Regional Office Web site (see ADDRESSES).
    Comment F: An additional change to the presentation of costs that 
would improve transparency of the analysis would be a detailed 
description of which compliance requirements are included in the 
revenue loss and business closure analysis described on pages 4377 to 
4379.
    Response: The Council estimated a relative measure of profitability 
change and percent of possible business failures by simulating vessel 
costs and returns using a combination of the cost data developed for 
the break-even DAS analysis, available data, and the estimated 
reduction in effective effort. Specifically, empirical data were used 
to fit theoretical probability distributions for fixed costs, costs per 
day, annual revenue on groundfish trips, annual revenue on trips where 
groundfish were not landed, days absent on groundfish trips, and days 
absent on trips where groundfish were not landed. Specific compliance 
costs, such as required gear changes, cannot be gleaned from this 
model. Therefore, the contribution of these costs in determining 
profitability cannot be accounted for because they are implicit to the 
economic model. In addition, it is important to note that the 
replacement of nets occurs on a regular basis regardless of required 
replacements due to changes in regulated mesh size, and these costs are 
captured by the economic model.
    Comment G: NMFS distinguishes between small vessels, medium size 
vessels, and large vessels in terms of expected economic impact. With 
the exception of an explanation of what would be classified as a small 
trawl vessel, there is no information about how NMFS has determined 
what is a small vessel, medium vessel, or large vessel.
    Response: In the economic analysis accompanying Amendment 13, large 
vessels are defined as greater than 70 ft (21.35 m) in total length, 
medium vessels as 50 ft (15.25 m) to 70 ft (21.35), and small vessels 
less than 50 ft (15.25 m).
    Comment H: NMFS states that the costs associated with the reporting 
and recordkeeping requirements are minimal and consist only of postage 
and copying costs without providing an estimate of those costs. 
Moreover, the estimated time for completing the paperwork is 
approximately 82 hours. There is no indication that the level of 
expertise for completing forms has been considered. If these forms 
require the professional services, complying with the paperwork 
requirements of the rule would be costly. Even if the forms can be 
filled out by the business owner, it is time that is being spent that 
the business owner could spend concentrating on something else. Were 
these things considered when NMFS concluded that the cost would be 
minimal? Advocacy encourages NMFS to provide an estimate of what the 
additional costs may be, as well as a better explanation of its 
conclusion that the costs will be minimal.
    Response: The analysis of costs of recordkeeping and reporting 
contained in the IRFA is consistent with OMB guidance on burden 
estimates under the PRA. NMFS recognizes that, in the past, burden 
hours were costed out a certain rate suggested by OMB. However, recent 
OMB guidance requires that only costs of postage and copying should be 
considered. Postage costs are assumed to be $0.37 per submission and 
copying costs are assumed to be $0.10 per page.
    Comment I: In the description and estimate of the number of small 
entities subject to the proposed rule, NMFS gives a thorough discussion 
of the commercial fishing industry. However, in terms of recreational 
Party/Charter vessels, NMFS merely states the size standard for a small 
Party/Charter vessel and the number of Party/Charter permits that it 
has issued in the past. There is no information about how many of the 
recreational vessels would qualify as small business under the 100 
employee size standard.
    Response: Advocacy is correct. NMFS assumed that the public was 
aware that Party/Charter vessels have relatively small crews, usually 3 
to 4 persons. None of the 685 Party/Charter vessels cited in the IRFA 
have a crew size greater than 100 employees. In addition, the SBA 
definition of a small Party/Charter vessel is one which has gross 
receipts under $5M. Under this definition, none of the Party/Charter 
vessels affected by this rule are considered small entities under the 
RFA.
    Comment J: NMFS asserts that the majority of the Party/Charter 
vessels earn at least 75 percent of fishing income from passenger fees. 
However, no basis is provided for that statement. There is also no 
information regarding average vessel income.
    Response: The percentage of fishing income from passenger fees for 
vessels

[[Page 22940]]

with a Charter/Party permit, whether they fish exclusively Party/
Charter or fish commercially part of the year, is derived directly from 
the NMFS dealer database. Average income per vessel was not estimated 
since this would have most likely required a unique survey of Party/
Charter vessels to account for refreshment, rental of fishing gear, 
etc. However, NMFS maintains that the relaxation of the bag limit will 
increase profitability in the Party/Charter business because it is 
likely to lead to greater passenger demand and increased frequency of 
party/charter trips.
    Comment K: Advocacy states that some members of the fishing 
industry maintain that the proposed rule includes provisions that were 
not intended by Amendment 13, including fishing area closures that were 
not intended by the Council. Specifically, they contend that the 
closure of the GB Eastern U.S./Canada Management Area when the cod 
quota is reached may jeopardize Amendment 10 to the Sea Scallop FMP, 
and they are concerned about the extension of cod trip limits and gear 
requirements to the Western U.S./Canada Management Area. Advocacy is 
concerned that these inconsistencies may increase the burden on small 
entities and that they may not have been considered fully in 
determining the economic impact of the rule, as required by the RFA.
    Response: NMFS has fully responded to industry comments regarding 
inconsistencies with Amendment 13 in the final rule. (see responses to 
Comments 16 through 18 and 20 through 23 in the preamble to this rule). 
NMFS, in responding to these comments, has modified the proposed rule 
as it applies to the U.S./Canada Management Area. Specific changes made 
in this final rule and their economic impacts to vessels are discussed 
in the following section, Economic Impacts Resulting from Disapproved 
Measures and Changes to the Proposed Rule.
    Comment L: One commenter noted that, under the proposed 
alternative, there would be an impact in New England ports of $135 
million in lost revenue, $54 million in lost personal income, and 1,900 
affected jobs, contrasted with $95 million in lost revenue, $38 million 
in lost personal income, and 1,300 affected jobs associated with the 
stepped reduction alternative (Alternative 1B) and questioned why NMFS 
chose to implement an alternative that would produce the same long-term 
goals, yet at a much larger first-year cost.
    Response: NMFS recognizes that Alternative 1B is a significant 
alternative that would yield a lesser economic impact to the New 
England region in the first year of the rebuilding plan. In terms of 
the economic impact to vessels, Alternative 1B is estimated to yield a 
reduction of $28 million in first year revenues compared to $10-40 
million for the preferred alternative. However, Alternative 1B consists 
of a series of increasing DAS reductions of 35 percent in 2004, 45 
percent in 2005, 55 percent in 2006, and 65 percent in 2007. The full 
schedule of reductions was not evaluated because the area closure model 
used to evaluate all other alternatives is not a dynamic model. 
Therefore, profitability losses and gains could not be compounded, but 
only considered on a year-to-year basis. Applying the area closure 
model to the full 65-percent reduction in DAS would have misrepresented 
the year-4 impacts, so it was not done. Alternative 1B also contains 
the 2:1 DAS counting in SNE and the raised footrope trawl in the CC/GOM 
stock area. Presumably, at least part of the negative economic impact 
of the 2005 DAS reduction would be offset by a change in productivity; 
similarly for the DAS reduction in 2006 and 2007. It is important to 
note that in order for Alternative 1B to have no additional cumulative 
negative economic impacts after the first year, the relative change in 
productivity must be proportional to the change in DAS. In other words, 
an annual productivity increase of 10 percent would be required to 
offset the 10-percent reduction in DAS. NMFS believes that it is more 
likely that cumulative negative economic impacts of 4 years of DAS 
reductions under Alternative 1B would exceed that of the preferred 
alternative, especially since the difference between the two 
alternatives in 2004 is only about $12 million in gross sales. This gap 
begins to narrow rather quickly when one considers that, while revenues 
would likely increase in 2005 under the preferred alternative, they 
would be declining under Alternative 1B as DAS continue to be reduced. 
In addition, the FSEIS notes that the negative impacts attributable to 
the preferred alternative were overestimated because of the inability 
to formally include the positive effects of harvest under B DAS. 
Alternative 1B contains no such opportunities. Therefore, NMFS 
concludes that the gap between these two alternatives narrows in 2004 
with the addition of the harvest using B DAS and very much favors the 
preferred alternative in 2005 through 2007. While Alternative 1B was 
considered, it was apparent that the risk of not achieving required 
productivity gains after year 1 was very high and could do irreparable 
economic harm to the NE multispecies fleet in the final 3 years of the 
stepped reduction.
    While much of the discussion above focuses on impacts to vessels, 
it is important to note that changes in impacts on revenues earned by 
the NE multispecies fleet would mirror impacts to the general economy, 
e.g., revenues earned by non-fishing sectors, personal income, job 
growth, etc. The Council estimated impacts to the general economy by 
observing changes in harvest rates and utilizing an input-output model 
(IMPLAN).

Economic Impacts Resulting From Disapproved Measures and Changes to the 
Proposed Rule

    As discussed in the preamble of this final rule, NMFS has 
disapproved seven proposed management measures in Amendment 13, 
including: An abbreviated application process for SAPs; the CA II 
Haddock SAP; the CA I Hookgear Haddock SAP; a prohibition on the use of 
surfclam and ocean quahog dredges in the NLCA; the exemption to allow 
shrimp trawl gear in the WGOM Closure Area; the GB hookgear cod trip 
limit program; and the removal of the FAAS. In addition, as discussed 
in the preamble, NMFS has modified proposed measures regarding the 
U.S./Canada Management Area of GB, on the basis of public comments 
received.
    The disapprovals of the proposed SAPs in CA I and II will reduce 
economic benefits vis-a-vis the proposed rule. However, since these 
SAPs were not implemented during the 2001 baseline period, these 
disapprovals will have no economic impact on NE multispecies vessels 
resulting from the final rule, as would be expected under a no action 
alternative. In the IRFA, under the Category B DAS discussion, NMFS 
noted that fishing under Category B DAS in these programs will enhance 
the profitability of participating vessels. However, the management of 
the SAPs must also meet the requirements of NEPA, the Magnuson-Stevens 
Act, and other applicable laws, as explained in the preamble of this 
final rule. It was concluded that the CA II haddock access program 
could undermine the effectiveness of measures designed to prevent 
landings and discards of GB cod from exceeding the U.S./Canada shared 
TAC, and significantly reduce fishing mortality on GB cod. For these 
reasons the proposed SAP is inconsistent with National Standard 1 and 
National Standard 2. Amendment 13 does not include information on 
whether a directed fishery on haddock in CA I

[[Page 22941]]

would be successful in avoiding GB cod catches throughout the year. 
This SAP also proposes to require 100-percent observer coverage, but 
does not state how this would be accomplished, nor does it justify the 
costs associated with such a requirement. Because there is no 
justification provided for the proposal to allow only hook vessels into 
the SAP, this proposal does not comply with applicable law. For these 
reasons, the proposed CA II Haddock SAP and the CA I Hook Gear Haddock 
SAP have been disapproved.
    The disapproval of the expedited process for issuance of SAPs is 
administrative in nature and should not affect the profitability of any 
particular SAP.
    Amendment 13 analyzed the biological and economic impacts of 
excluding all bottom-tending mobile gear from the EFH Closure Areas, 
but did not analyze the impacts of excluding clam dredge gear from 
those portions of the groundfish closed areas that reside outside of 
the EFH Closure Area boundaries. Because the impacts of the proposed 
exclusion of clam dredge gear from these areas was not analyzed, the 
proposed measure to exclude this gear from the groundfish closure areas 
that reside outside the EFH Closure Areas is inconsistent with National 
Standard 2 and EFH requirements under the Magnuson-Stevens Act, and has 
therefore, been disapproved.
    The disapproval of the prohibition of surfclam and ocean quahog 
dredges in portions of the NLCA that are not contained in the Nantucket 
Lightship Closed Habitat Area will increase economic benefits to 
vessels participating in these fisheries vis-a-vis the proposed rule. 
However, when compared to the 2001 baseline, the disapproval will have 
no economic impact to these vessels resulting from the final rule, 
since they are already engaged in fishing in the NLCA, tantamount to a 
no action alternative. Nevertheless, as discussed in the IRFA, surfclam 
and ocean quahog vessels currently utilizing the NLCHA are expected to 
undergo a decrease in revenues of 0.9 percent resulting from the 
prohibition on fishing in that area. See the response to Comment 6.
    The disapproval of an exemption for shrimp trawlers to fish in the 
WGOM Closed Area will reduce economic benefits vis-a-vis the proposed 
rule. However, the exemption in all other areas outside the small mesh 
exemption line will allow shrimp trawlers to expand their harvest, and 
thus, the net economic impact of the exemption will increase 
profitability of individual vessels relative to the 2001 baseline. This 
proposed measure has been disapproved because it would compromise the 
effectiveness of this habitat closure and because there is inadequate 
justification supporting such an exemption. Exemption of shrimp trawl 
vessels from the WGOM Habitat Closure Area without clear justification 
is inconsistent with National Standard 2.
    The disapproval of the GB hookgear cod trip limit program is likely 
to have a negative economic impact on individual vessels relative to 
the proposed rule, since this would have allowed for a higher trip 
limit under certain spatial and temporal conditions. However, when 
compared to the 2001 baseline, there is no economic impact from 
disapproving this measure because it is identical to a no action 
alternative.
    The disapproval of the Council's recommendation to eliminate the 
FAAS will have no economic impact to vessels. The FAAS represents a 
rarely used administrative procedure to implement rules quickly.
    The changes to the proposed rule regarding the U.S./Canada 
Management Area are an allowance for vessels other than groundfish DAS 
vessels to continue to fish in the Eastern U.S./Canada Management Area, 
and the relaxation of the cod limit and gear restrictions, as described 
in the preamble of this final rule, for groundfish DAS vessels fishing 
in the Western U.S./Canada Management Area. Removing the prohibition on 
fishing by other gears in the Eastern U.S./Canada Management Area will 
increase economic benefits to those vessels relative to the proposed 
rule, in which all gears capable of catching groundfish would have been 
prohibited. However, since those vessels cannot retain NE multispecies 
when the TACs are reached, as they could in 2001, there will be a 
negative impact on revenues compared to the 2001 baseline period, but 
limited by the fact that NE multispecies is a limited incidental catch 
associated with a relatively large catch of scallops or monkfish by 
category A and B vessels. Relaxation of the cod limit and the removal 
of the restriction to use flatfish nets or separator trawls in the 
Western U.S./Canada Management Area will yield positive economic 
impacts to affected DAS groundfish vessels vis-a-vis the proposed rule. 
The cod trip limit would increase from 500 lb (1,102 kg) to 1,000 lb 
(2,204 kg) and cost savings will be realized because gear modification 
will not be required in the Western U.S./Canada Management Area. 
However, when compared to the 2001 baseline, the reduction in the cod 
limit from 2,000 lb (4,408 kg) to 1,000 lb (2,204 kg) would continue to 
negatively impact revenues of individual vessels participating in the 
Western U.S./Canada Management Area. The removal of the requirement to 
use a haddock separator trawl or flatfish net when fishing in the 
Western U.S./Canada Management Area represents a decrease in compliance 
costs and concomitant increase in profitability for certain vessels, 
relative to the proposed rule, that would otherwise have had to obtain 
a new flatfish net or modify existing haddock or flatfish nets at costs 
estimated to be $7,500, $747, and $550, respectively. Relative to the 
2001 baseline, however, this represents no change in fishing 
requirements and, hence, there is no economic impact to vessels fishing 
this area. In response to public comment, this final rule will also 
allow a modification of existing flatfish nets for use in the Eastern 
U.S./Canada Management Area. The cost of this modification is estimated 
to be $550 (see compliance costs).

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes, Including a Statement of the 
Factual, Policy, and Legal Reasons for Selecting the Alternative 
Adopted in the Final Rule and Why Each One of the Other Significant 
Alternatives to the Rule Considered by the Agency Which Affect the 
Impact on Small Entities Was Rejected

    This final rule contains a number of measures that will provide 
small entities with some degree of flexibility to be able to offset at 
least some portion of the estimated losses in profit. The major 
offsetting measures include the opportunity to use additional B DAS, 
leasing of DAS, DAS transfer, and sector allocation. This final rule is 
expected to achieve target fishing mortality rates for stocks that are 
most adversely affected.

Category B DAS

    Category B DAS will be subdivided into two categories, one which 
would be used in SAPs (reserve B DAS), while the use of the remaining B 
DAS (regular B DAS) will be determined in a future framework action. 
The primary purpose of B DAS is to provide access to and increased 
yield from stocks that may be fished at higher levels. These 
opportunities would enhance profitability for vessels that may be able 
to participate in any one or more of these special fisheries.

[[Page 22942]]

DAS Leasing or Transfer

    Particularly for vessels with few alternative fisheries, reductions 
in profit may be offset by the ability to acquire more DAS either 
through leasing or DAS transfer. The former would make DAS available to 
a vessel for a single fishing season whereas the latter would be a 
permanent transfer of DAS from one vessel to another. Transferred DAS 
would be subject to a 40-percent conservation tax on the transfer of 
active DAS, and a 90-percent conservation tax on inactive (Category C) 
DAS, but vessels would be able to acquire both Category A and Category 
B DAS. By contrast, a DAS lease would not be subject to a conservation 
tax, but vessels would be only allowed to acquire Category A DAS. It is 
not known which option any given vessels may choose to pursue, but 
analysis clearly suggests that making DAS available in some form of 
exchange can improve overall profitability for both buyer and seller. 
The following describes this analysis.
    The economic impact of a DAS leasing program was estimated by 
simulating a quota market using a math programming model. The model 
maximized industry profits by choosing the days each vessel will fish 
(if any) of their own allocation, days they will lease from other 
vessels, and the number of their days they will lease to other vessels. 
Each vessel can only fish a maximum number of DAS, which is the sum of 
their Amendment 13 Category A DAS allocation and their FY 2001 
allocation. Days fished above their allocation of days must be leased 
from other vessels. In the model, vessels were constrained to be either 
a lessee or lessor, although in a real-world situation a vessel could 
be a lessee and a lessor simultaneously. Restrictions were placed on 
the model, which did not allow days to be leased by larger vessels from 
smaller vessels, consistent with the restrictions of this program. 
Results from the model yielded a very efficient outcome in terms of 
maximizing industry profit with as few vessels as possible. In reality, 
the actual leasing of DAS among industry participants may not be as 
profitable as projected by the math programming model. An individual 
vessel's activity level chosen by the model is determined by its 
productivity, the maximum allowable days it can fish, the lease price 
for DAS, daily fishing costs, and the prices of each species, and a 
restriction that prohibits leasing of days from smaller vessels by 
bigger vessels. The model doesn't differentiate between areas fished, 
where vessels land their fish, and a variety of other factors that will 
influence the amount of DAS leased, including other fisheries in which 
the vessel can participate, and it assumes perfect information among 
participants.
    Vessels were grouped together, regardless of gear type, and then 
stratified into fleets of 100 vessels. Each fleet was then paired with 
itself, and then with every other fleet to simulate trades between all 
1,345 vessels that could potentially lease quota. For each sector pair, 
the model was run 50 times in order to incorporate a stochastic lease 
price, which was generated based on results from a previous linear 
programming model. Lease prices used in the model ranged from $218 to 
$2,093, with a mean of $1,029. Results from the simulations were used 
to examine changes in profitability which would occur from allowing DAS 
leasing.
    Results from the simulation runs were stratified by gear type and 
length of vessel. Class 1 vessels were less than 50 ft (15.25 m); class 
2 vessels were between 50 ft (15.25 m) and 69 ft (21.04 m), and class 3 
vessels were 70 ft (21.35 m) and greater. The three gear types examined 
were hook (50 vessels), trawl (1,126 vessels) and gillnet (169 
vessels). There were more vessels in the model than had Category A DAS 
in the proposed action. Because vessels can fish up to the total of 
their Category A DAS and their FY 2001 allocation, vessels with zero 
Category A DAS can still lease DAS, and therefore need to be included 
in the model. Because the model is attempting to maximize industry 
profit, under a DAS leasing scheme, fewer vessels will fish. However, 
mean profits for all vessels will be higher than if DAS trading were 
not allowed, and all vessels fished their allocation. Mean profits are 
also higher than those generated by actual fishing during calendar year 
2002 by vessels actually fishing. Vessels that choose to lease all 
their DAS can greatly enhance their profit, since the owner is getting 
all the revenue from the lease without incurring any costs, and in 
particular by not having to pay labor costs. The decision from a vessel 
perspective on whether to lease DAS to other vessels is based on 
whether they can lease their DAS for more then they would earn after 
paying expenses, including payments to the crew. If a vessel decides to 
lease DAS from other vessels, it is based on whether it can earn more 
from a leased DAS than what it will pay for the lease, plus what it 
will pay to the crew and to cover other expenses.
    Model results generally showed the flow of lease days going from 
larger vessels to smaller vessels. Trawl and gillnet vessels less than 
50 ft (15.25 m) in length were projected to use more DAS than in 2002 
under a DAS leasing scheme. Trawl and gillnet vessels greater than 50 
ft (15.25 m) were projected to have their DAS usage decline from 2002 
levels. Hook vessels were projected to see their DAS increase. 
Restrictions on DAS trading make it difficult for larger vessels to 
lease from smaller vessels, but the opposite does not hold. Small 
vessels have a large potential number of vessels that they can lease 
from, which is what model results show. The analysis concludes that 
larger vessels can profit by leasing their days to smaller vessels. For 
example, length class 2 trawl vessels average profit was $68,387 using 
an average of 36.92 days of effort under a DAS leasing scheme, while 
their average profit was $31,428 using 46.13 days of effort in 2002. 
Small trawl vessels average profit was $41,111 using 31.9 days of 
effort under DAS leasing, while their 2002 average profit was $12,271, 
and their average DAS was 25.13. This demonstrates that both sectors 
would be better off with a DAS leasing program than fishing at their 
calendar year 2002 effort levels.
    Additionally, the average profit levels were projected to be higher 
under DAS leasing than if the vessels fished at their allocated 2004 
levels. This demonstrates DAS leasing could provide substantial 
regulatory relief to these vessels compared with no leasing (no action 
alternative).

Handgear A Permit

    The final rule converts the existing open access handgear permit 
into a limited access category and creates an open access category for 
Handgear A permits. Vessels that qualify for a limited access Handgear 
A permit will benefit from a relaxation of the cod trip limit and will 
not be subject to trip limits on any other species. Vessels that do not 
qualify for limited access Handgear A permit will still be able to 
obtain an open access permit, but the cod trip limit will be much lower 
than current Handgear only permit holders may retain. Available data 
show that, even though a large number of open access handgear permits 
have been issued in the past, less than 10 percent of these permits 
actually report landings of any amount of either cod or haddock. A 
preliminary assessment of qualification indicates that approximately 
150 vessels will qualify for a limited access Handgear A permit. Thus, 
the conversion to a limited access permit with the potential to achieve 
higher landings and higher incomes overall also may permit the majority 
of small entities currently participating in the fishery to continue 
operating. The

[[Page 22943]]

no action alternative would yield no economic benefits as compared to 
the proposed action. Therefore, the proposed alternative is favorable 
when compared to the no action.

Elimination of the Area Restriction for the Northern Shrimp Exempted 
Fishery

    The northern shrimp fishery will no longer be restricted to the 
area shoreward to the small mesh fishery exemption line. However, 
vessels will continue to be prohibited from fishing in the WGOM Habitat 
Closure Area. While this prohibition will reduce economic benefits vis-
a-vis the proposed management measure, which would have allowed fishing 
in a much larger area, the lifting of the restriction to fish shoreward 
of the small fishery exemption line will yield an increase in the 
profitability of shrimp vessels, albeit smaller than originally 
proposed. The no action alternative would have yielded no economic 
benefits and would not have changed the economic conditions in the 
shrimp fishery. Therefore, this management measure is favorable when 
compared to the no action alternative.

Tuna Purse Seine Vessel Access to Groundfish Closed Areas

    Tuna purse seine gear is defined as exempted gear for the purposes 
of the FMP. Tuna purse seine vessels will be allowed into all 
groundfish closed areas, subject only to the normal restrictions for 
using an exempted gear in the area. This will benefit the purse seiners 
by expanding groundfish areas available for fishing and, thus, allow 
those vessels to increase profitability. The Council recognizes that 
part of the seine contains mesh less than the regulated mesh size for 
the NE multispecies fisheries.

SNE General Category Scallop Vessel Exemption Program

    Unless otherwise prohibited in 50 CFR 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 Category scallop permit, may 
fish in statistical areas 537, 538, 539, and 613--defined as the SNE 
General Category Scallop Exemption Area--when not under a NE 
multispecies DAS. This relieves a restriction and allows scallop 
vessels to enter expanded areas for the harvest of scallops, allowing 
those vessels to increase profits, if available. The no action 
alternative would yield no economic benefits, because vessels would be 
precluded from participating in this program. Therefore, the proposed 
alternative is favorable when compared to the no action alternative.

Modified VMS Operation Requirement

    A vessel using a VMS can opt out of the fishery for a minimum 
period of 1 calendar month by notifying the Regional Administrator. 
Notification must include the date a vessel will resume transmitting 
VMS reports. After receiving confirmation from the Regional 
Administrator, the vessel operator can stop sending VMS reports. During 
the period out of the VMS program, the vessel cannot engage in any 
fisheries until the VMS is turned back on. This will reduce operating 
costs associated with VMS operation (see section 3.4.11 of Amendment 
13). The no action alternative would yield no economic benefits. 
Therefore, the proposed alternative is favorable when compared to the 
no action alternative.

Revised Standards for Certification for Incidental Catch/Exempted 
Fisheries

    The standards for certification of a incidental catch/exempted 
fishery that were implemented through Amendment 7 would continue to be 
used. However, this measure allows the Regional Administrator to modify 
the 5-percent incidental catch rule and make additional modifications 
on a one-to-one basis under an accepted set of conditions. The economic 
benefits or costs of this measure are uncertain, since the Regional 
Administrator could decrease the percentage used in the incidental 
catch rule, as well as increase it. However, the measure is intended to 
allow a very controlled expansion of fishing areas, thus, benefitting 
vessels economically while conserving species of concern. The effect of 
the no action alternative would depend on the Regional Administrator's 
determination on a case-by-case basis, e.g., if the Regional 
Administrator lowered the acceptable incidental catch percentage, the 
no action alternative would have a beneficial impact, but if the 
acceptable incidental catch percentage were increased, the no action 
alternative would have a negative impact.

Periodic Adjustment Process

    The annual adjustment process is revised to be a biennial 
adjustment, with the PDT performing a review and submitting management 
recommendations to the Council every 2 years. This will tend to have a 
positive effect on profitability of individual vessels, since it 
expands their planning horizon, making their fishing operations more 
efficient and profitable. The no action alternative would yield no 
economic benefits. Therefore, the proposed alternative is favorable 
when compared to the no action alternative.

U.S./Canada Resource Sharing Understanding

    Management of GB cod, haddock, and yellowtail flounder is subject 
to the terms of the Understanding. The Understanding specifies an 
allocation of GB cod, haddock, and yellowtail flounder for each 
country. The management objective is for the U.S. fishery to harvest 
the shared stocks of cod, haddock, and yellowtail flounder at, but not 
above, the U.S. allocation. This allocation would be based on a 
formula, which includes historical catch percentage and present 
resource distribution. The economic implications of this agreement 
would depend on the specific allocation, the reduction in DAS 
attributable to steaming time, and other economic considerations such 
as fuel prices and Canadian and U.S. fish prices. This measure would 
most likely benefit larger vessels who traditionally fish GB. It would 
also allow each country to plan its fishing activities in advance which 
could result in a more efficient use of the limited resources found on 
GB, thus, increasing the profitability of individual vessels engaged in 
the fishery. The no-action alternative would yield no economic benefits 
as this system would not be established and fishermen would not be in a 
position to benefit from management measures established through this 
Understanding. Therefore, the proposed alternative is favorable when 
compared to the no-action.

Sector Allocation

    Under this measure, sector allocation may be used to apportion part 
or all of groundfish fishery resources to various industry sectors. A 
self-selected group of permit holders may agree to form a sector and 
submit a binding plan for management of that sector's allocation of 
catch or effort. Allocations to each sector may be based on catch (hard 
TACs) or effort (DAS), with target TACs specified for each sector. 
Vessels within the sector are allowed to pool harvesting resources and 
consolidate operations in fewer vessels if they desire. One of the 
major benefits of self-selecting sectors is that they provide 
incentives to self-govern, therefore, reducing the need for Council-
mandated measures. A primary motivation for the formation of a sector 
is assurance that members of the sector will not face reductions of 
catch or effort as a result of the actions of vessels outside the 
sector (i.e., if the other vessels exceed their target TACs). This 
measure could benefit vessels within a sector, since they would be able 
to

[[Page 22944]]

better plan and control their fishing operations. However, as sector 
plans evolve, each plan would need to include an economic analysis to 
determine the extent, if any, that vessels outside the sector are 
negatively impacted. By creating a process for the formation of self-
selecting sectors, Amendment 13 creates an opportunity for groups of 
vessels to adapt their fishing behavior so that they remain 
economically viable in the face of increasing restrictions imposed to 
rebuild groundfish stocks. The ability to form a sector could be an 
important component of providing flexibility to small commercial 
fishing entities to mitigate the economic impacts of the Amendment. 
Further, depending on the geographic location of the membership of a 
given sector, sector allocation could also provide an opportunity for 
fishing communities to reduce economic impacts. The no action 
alternative would yield no economic benefits. Therefore, the proposed 
alternative is favorable when compared to the no-action alternative.

GB Hook Sector

    The final rule creates a voluntary sector for longline/hook vessels 
on GB. This provides an opportunity for vessels to mitigate the impacts 
of the management alternatives. By organizing into a cooperative, 
vessels may be able to develop more efficient ways to harvest 
groundfish and minimize the inefficiencies that result from the 
regulations. While it is not possible to estimate the economic impacts 
of a sector until the actual participants are known, the pool of 
participants will probably be the vessels that have used longline gear 
to fish on GB in the past.
    The are significant alternatives included in this final rule 
associated with the choice of the rebuilding measures and the 
disapproval of SAPs and other mitigating factors. In addition to the 
No-Action alternative which leaves the fishery unchanged, the phased-
reduction alternatives 1B and 1D would have a lesser negative impact on 
multispecies vessels than the proposed alternative in the first year of 
the rebuilding period; $28.3M and $33M, respectively, compared to $40M 
for the proposed alternative. All other rebuilding alternatives would 
have a higher negative economic impact on vessels during the first 
year. The non-selection of the No-Action alternative results from a 
Court Order which required the agency to pursue a rebuilding plan for 
overfished stocks in the Northeast multispecies complex. The rationale 
for not selecting Alternative 1B is discussed above and in the response 
to Comment 30 in the preamble. Both 1B and 1D are phased-reduction 
alternatives; the difference being a hook limit for cod on Georges Bank 
for Alternative 1D yielding a greater economic impact than 1B. However, 
the point is that both phased-reduction strategies could yield greater 
rewards in the first year but at a much higher economic risk in the 
following three year period. It is this risk that the Council 
considered when deliberating on a preferred alternative. In addition, 
the preferred alternative consists of a B DAS program for fishing in 
the SAPs, which will potentially yield greater economic benefits for 
those fishers able to participate in this program. The phased-reduction 
alternatives do not include B DAS. The mitigating alternatives would 
all yield a higher economic benefit, primarily because they represent 
either the removal of current fishing restrictions or opportunities for 
expanded fishing. Therefore, the disapproval of 2 SAPs and the 
exemption for shrimp trawlers in habitat closed areas, specifically the 
WGOM habitat closed areas, actually constitute the non-selection of 
significant alternative since the proposed alternatives for these 
management measures would have yielded higher economic impacts to 
fishing vessels. A discussion of the rationale for these disapprovals 
appears in this final rule under ``Disapproved Measures''.
    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 was prepared. 
The 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 and are also available at NMFS, Northeast Region (see 
ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 15, 2004.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons stated in the preamble, 50 CFR part 648 is amended as 
follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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


0
2. In Sec.  648.2, new definitions for ``Bottom tending mobile gear,'' 
``Circle hook,'' ``DAS Lease,'' ``DAS Lessee,'' ``DAS Lessor,'' 
``Handgear,'' ``Sector,'' ``Static gear,'' ``Stock of concern,'' 
``Stocks targeted by the default measures,'' ``Sub-lease,'' 
``Transboundary Management Guidance Committee,'' ``Transboundary 
Resource Advisory Committee,'' ``Tub-trawl,'' ``Tuna purse seine 
gear,'' and ``U.S./Canada Steering Committee,'' are added in 
alphabetical order, to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Bottom-tending mobile gear, with respect to the NE multispecies 
fishery, means gear in contact with the ocean bottom, and towed from a 
vessel, which is moved through the water during fishing in order to 
capture fish, and includes otter trawls, beam trawls, hydraulic 
dredges, non-hydraulic dredges, and seines (with the exception of a 
purse seine).
* * * * *
    Circle hook, with respect to the NE multispecies fishery, means a 
fishing hook with the point turned perpendicularly back to the shank, 
or an offset circle hook where the barbed end of the hook is displaced 
relative to the parallel plane of the eyed-end, or shank, of the hook 
when laid on its side.
* * * * *
    DAS Lease, with respect to the NE multispecies limited access 
fishery, means the transfer of the use of DAS from one limited access 
NE multispecies vessel to another limited access NE multispecies vessel 
for a period not to exceed a single fishing year.
    DAS Lessee, with respect to the NE multispecies limited access 
fishery, means the NE multispecies limited access vessel owner and/or 
the associated vessel that acquires the use of DAS from another NE 
multispecies limited access vessel.
    DAS Lessor, with respect to the NE multispecies limited access 
fishery, means the NE multispecies limited access vessel owner and/or 
the associated vessel that transfers the use

[[Page 22945]]

of DAS to another NE multispecies limited access vessel.
* * * * *
    Handgear, with respect to the NE multispecies fishery, means 
handline gear, rod and reel gear, and tub-trawl gear.
* * * * *
    Sector, with respect to the NE multispecies fishery, means a group 
of vessels that have voluntarily signed a contract and agree to certain 
fishing restrictions, and that have been allocated a portion of the TAC 
of a species, or an allocation of DAS.
* * * * *
    Static gear, with respect to the NE multispecies fishery, means 
stationary gear, usually left for a period of time in one place, that 
depends on fish moving to the gear, and includes gillnets, longlines, 
handgear, traps, and pots.
    Stock of concern, with respect to the NE multispecies fishery, 
means a stock that is in an overfished condition, or that is subject to 
overfishing.
    Stocks targeted by the default measures, with respect to the NE 
multispecies fishery, are: American plaice, and SNE/MA yellowtail 
flounder for the 2006 fishing year; and American plaice, GB cod, GOM 
cod, CC/GOM yellowtail flounder, SNE/MA yellowtail flounder, white hake 
and SNE/MA winter flounder for the 2009 fishing year.
    Sub-lease, with respect to the NE multispecies fishery, means the 
leasing of DAS that have already been leased to another vessel.
* * * * *
    Transboundary Management Guidance Committee (TMGC), with respect to 
the NE multispecies fishery, means the technical sub-committee that 
provides non-binding guidance to the U.S./Canada Steering Committee, 
comprised of government and industry representatives from U.S. and 
Canada.
    Transboundary Resource Advisory Committee (TRAC), with respect to 
the NE multispecies fishery, means a committee consisting of scientific 
staff from NMFS and Canada's Department of Fisheries and Oceans that 
jointly assess the status of the shared U.S./Canada stocks of cod, 
haddock, and yellowtail flounder.
* * * * *
    Tub-trawl, with respect to the NE multispecies fishery, means gear 
designed to be set horizontally on the bottom, with an anchored 
mainline to which are attached three or more gangions and hooks. Tub-
trawls are retrieved only by hand, not by mechanical means.
    Tuna purse seine gear, with respect to the NE multispecies fishery, 
means encircling gear designed and utilized to harvest pelagic tuna.
* * * * *
    U.S./Canada Steering Committee, with respect to the NE multispecies 
fishery, means the joint U.S./Canada committee consisting of staff from 
NMFS and Canada's Department of Fisheries and Oceans that has overall 
responsibility for the U.S./Canada Resource Sharing Understanding.
* * * * *

0
3. In Sec.  648.4, paragraph (a)(1)(i)(A), paragraph (a)(1)(i)(E) 
introductory text, paragraphs (a)(1)(i)(G), (a)(1)(i)(I)(1) and 
(a)(1)(i)(M), (a)(1)(ii) and paragraph (c)(2)(iii) are revised to read 
as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (1) * * *
    (i) * * *
    (A) Eligibility. To be eligible to apply for a limited access NE 
multispecies permit, as specified in Sec.  648.82, a vessel must have 
been issued a limited access NE multispecies permit for the preceding 
year, be replacing a vessel that was issued a limited access NE 
multispecies permit for the preceding year, or be replacing a vessel 
that was issued a confirmation of permit history; unless otherwise 
specified in this paragraph (a)(1)(i)(A). For the fishing year 
beginning May 1, 2004, a vessel may apply for a limited access Handgear 
A permit described in Sec.  648.82(b)(6), if it meets the criteria 
described under paragraphs (a)(1)(i)(A)(1) and (2) of this section.
    (1) The vessel must have been previously issued a valid NE 
multispecies open access Handgear permit during at least 1 fishing year 
during the fishing years 1997 through 2002; and
    (2) The vessel must have landed and reported to NMFS at least 500 
lb (226.8 kg) of cod, haddock, or pollock, when fishing under the open 
access Handgear permit in at least 1 of the fishing years from 1997 
through 2002, as indicated by NMFS dealer records (live weight), 
submitted to NMFS prior to January 29, 2004.
    (3) Application/renewal restrictions. The vessel owner must submit 
a complete application for an initial limited access handgear permit 
before May 1, 2005. For fishing years beyond the 2004 fishing year, the 
provisions of paragraph (a)(1)(i)(B) of this section apply.
* * * * *
    (E) Replacement vessels. With the exception of vessels that have 
obtained a limited access Handgear A permit described in Sec.  
648.82(b)(6), to be eligible for a limited access permit under this 
section, the replacement vessel must meet the following criteria and 
any other applicable criteria under paragraph (a)(1)(i)(F) of this 
section:
* * * * *
    (G) Consolidation restriction. Except as provided for in the NE 
Multispecies DAS Leasing Program, as specified in Sec.  648.82(k), and 
the NE Multispecies DAS Transfer Program as specified in Sec.  
648.82(l), limited access permits and DAS allocations may not be 
combined or consolidated.
* * * * *
    (I) * * *
    (1) A vessel may be issued a limited access NE multispecies permit 
in only one category during a fishing year. Vessels may not change 
limited access NE multispecies permit categories during the fishing 
year, except as provided in paragraph (a)(1)(i)(I)(2) of this section. 
A vessel issued a limited access NE multispecies Hook-gear permit or a 
limited access Handgear A permit may not change its limited access 
permit category at any time.
* * * * *
    (M) Appeal of denial of permit--(1) Eligibility. Any applicant 
eligible to apply for a limited access multispecies Handgear A permit 
who is denied such permit may appeal the denial to the Regional 
Administrator within 30 days of the notice of denial. Any such appeal 
must be based on the grounds that the information used by the Regional 
Administrator was based on incorrect data, must be in writing, and must 
state the grounds for the appeal.
    (2) Appeal review. The Regional Administrator will appoint a 
designee who will make the initial decision on the appeal. The 
appellant may request a review of the initial decision by the Regional 
Administrator by so requesting in writing within 30 days of the notice 
of the initial decision. If the appellant does not request a review of 
the initial decision within 30 days, the initial decision is the final 
administrative action of the Department of Commerce. Such review will 
be conducted by a hearing officer appointed by the Regional 
Administrator. The hearing officer shall make findings and a 
recommendation to the Regional Administrator, which shall be advisory 
only. Upon receiving the findings and the recommendation, the Regional 
Administrator will issue a final decision on the appeal. The Regional 
Administrator's decision is the final administrative action of the 
Department of Commerce.

[[Page 22946]]

    (3) Status of vessels pending appeal. A vessel denied a limited 
access Handgear A multispecies permit may fish under the limited access 
multispecies Handgear A category, provided that the denial has been 
appealed, the appeal is pending, and the vessel has on board a letter 
from the Regional Administrator authorizing the vessel to fish under 
the limited access category. The Regional Administrator will issue such 
a letter for the pendency of any appeal. Any such decision is the final 
administrative action of the Department of Commerce on allowable 
fishing activity, pending a final decision on the appeal. The letter of 
authorization must be carried on board the vessel. If the appeal is 
finally denied, the Regional Administrator shall send a notice of final 
denial to the vessel owner; the authorizing letter becomes invalid 5 
days after receipt of the notice of denial.
    (ii) Open access permits. A vessel of the United States that has 
not been issued and is not eligible to be issued a limited access 
multispecies permit is eligible for and may be issued an ``open access 
multispecies'', ``handgear'', or ``charter/party'' permit, and may fish 
for, possess on board, and land multispecies finfish subject to the 
restrictions in Sec.  648.88. A vessel that has been issued a valid 
limited access scallop permit, but that has not been issued a limited 
access mulitspecies permit, is eligible for and may be issued an open 
access scallop multispecies possession limit permit and may fish for, 
possess on board, and land multispecies finfish subject to the 
restrictions in Sec.  648.88. The owner of a vessel issued an open 
access permit may request a different open access permit category by 
submitting an application to the Regional Administrator at any time.
* * * * *
    (c) * * *
    (2) * * *
    (iii) An application for a limited access NE multispecies permit 
must also contain the following information:
    (A) 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 providing 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. 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.
    (B) [Reserved]
* * * * *

0
4. In Sec.  648.7, paragraphs (a)(1) introductory text, (a) (1)(i), and 
(b)(1)(i) are revised to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

    (a) * * *
    (1) Detailed weekly report. Until otherwise required by the 
Regional Administrator, federally permitted dealers must submit to the 
Regional Administrator, or official designee, a detailed weekly report, 
within the time periods specified in paragraph (f) of this section, on 
forms supplied by or approved by the Regional Administrator, and a 
report of all fish purchases, except for surfclam and ocean quahog 
dealers or processors, who are required to report only surfclam and 
ocean quahog purchases. Once authorized in writing by the Regional 
Administrator, all dealers must submit daily reports electronically or 
through other media. The following information, and any other 
information required by the Regional Administrator, must be provided in 
the report:
    (i) All dealers issued a dealer permit under this part, with the 
exception of those utilizing the surfclam or ocean quahog dealer 
permit, must provide: Dealer name and mailing address; dealer permit 
number; name and permit number or name and hull number (USCG 
documentation number or state registration number, whichever is 
applicable) of vessels from which fish are landed or received; trip 
identifier for a trip from which fish are landed or received; dates of 
purchases; pounds by species (by market category, if applicable); price 
per pound by species (by market category, if applicable) or total value 
by species (by market category, if applicable); port landed; signature 
of person supplying the information; and any other information deemed 
necessary by the Regional Administrator. The dealer or other authorized 
individual must sign all report forms. If no fish are purchased during 
a reporting week, no written report is required to be submitted. If no 
fish are purchased during an entire reporting month, a report so 
stating on the required form must be submitted.
* * * * *
    (b) * * *
    (1) * * *
    (i) Unless otherwise required under Sec.  648.85(a), the owner or 
operator of any valid permit under this part must maintain on board the 
vessel, and submit, an accurate fishing log report for each fishing 
trip, regardless of species fished for or taken, on forms supplied by 
or approved by the Regional Administrator. Once authorized in writing 
by the Regional Administrator, a vessel owner or operator must submit 
trip reports electronically, for example by using a VMS or other media. 
At that time electronic trip reports would replace the Fishing Vessel 
Trip Report. With the exception of those vessel owners or operators 
fishing under a surfclam or ocean quahog permit, at least the following 
information and any other information required by the Regional 
Administrator must be provided: Vessel name; USCG documentation number 
(or state registration number, if undocumented); permit number; date/
time sailed; date/time landed; trip type; number of crew; number of 
anglers (if a charter or party boat); gear fished; quantity and size of 
gear; mesh/ring size; chart area fished; average depth; latitude/
longitude (or loran station and bearings); total hauls per area fished; 
average tow time duration; hail weight, in pounds (or count of 
individual fish, if a party or charter vessel), by species, of all 
species, or parts of species, such as monkfish livers, landed or 
discarded; and, in the case of skate discards, ``small'' (i.e., less 
than 23 inches (58.4 cm), total length) or ``large'' (i.e., 23 inches 
(58.4 cm) or greater, total length) skates; dealer permit number; 
dealer name; date sold, port and state landed; and vessel operator's 
name, signature, and operator's permit number (if applicable).
* * * * *

0
5. In Sec.  648.9, paragraphs (b)(5) and (c) are revised to read as 
follows:


Sec.  648.9  VMS requirements.

* * * * *
    (b) * * *
    (5) The VMS shall provide accurate hourly position transmissions 
every day of the year unless otherwise required under paragraph 
(c)(1)(ii) of this section, or unless exempted under paragraph (c)(2) 
of this section. In addition, the VMS shall allow polling of individual 
vessels or any set of vessels at any time, and receive position reports 
in real time. For the purposes of this specification,

[[Page 22947]]

``real time'' shall constitute data that reflect a delay of 15 minutes 
or less between the displayed information and the vessel's actual 
position.
* * * * *
    (c) Operating requirements for all vessels. (1) Except as provided 
in paragraph (c)(2) of this section, or unless otherwise required by 
Sec.  648.58(h) or paragraph (c)(1)(ii) of this section, all required 
VMS units must transmit a signal indicating the vessel's accurate 
position, as specified under paragraph (c)(1)(i) of this section.
    (i) At least every hour, 24 hours a day, throughout the year.
    (ii) At least twice per hour, 24 hours a day, for all NE 
multispecies DAS vessels that elect to fish with a VMS specified in 
Sec.  648.10(b) or that are required to fish with a VMS as specified in 
Sec.  648.85(a), for each groundfish DAS trip that the vessel has 
elected to fish in the U.S./Canada Management Areas.
    (2) Power down exemption. (i) Any vessel required to transmit the 
vessel's location at all times, as required in paragraph (c)(1) of this 
section, is exempt from this requirement if it meets one or more of the 
following conditions and requirements:
    (A) The vessel will be continuously out of the water for more than 
72 consecutive hours, the vessel signs out of the VMS program by 
obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) 
of this section, and the vessel complies with all conditions and 
requirements of said letter;
    (B) For vessels fishing with a valid NE multispecies limited access 
permit, the vessel owner signs out of the VMS program for a minimum 
period of 1 calendar month by obtaining a valid letter of exemption 
pursuant to paragraph (c)(2)(ii) of this section, the vessel does not 
engage in any fisheries until the VMS unit is turned back on, and the 
vessel complies with all conditions and requirements of said letter; or
    (C) The vessel has been issued an Atlantic herring permit, and is 
in port, unless required by other permit requirements for other 
fisheries to transmit the vessel's location at all times.
    (ii) Letter of exemption--(A) Application. A vessel owner may apply 
for a letter of exemption from the VMS transmitting requirements 
specified in paragraph (c)(1) of this section for his/her vessel by 
sending a written request to the Regional Administrator and providing 
the following: The location of the vessel during the time an exemption 
is sought; and the exact time period for which an exemption is needed 
(i.e., the time the VMS signal will be turned off and turned on again); 
and, in the case of a vessel meeting the conditions of paragraph 
(c)(2)(i)(A) of this section, sufficient information to determine that 
the vessel will be out of the water for more than 72 continuous hours. 
The letter of exemption must be on board the vessel at all times, and 
the vessel may not turn off the VMS signal until the letter of 
exemption has been received.
    (B) Issuance. Upon receipt of an application, the Regional 
Administrator may issue a letter of exemption to the vessel if it is 
determined that the vessel owner provided sufficient information as 
required under paragraph (c)(2) of this section, and that the issuance 
of the letter of exemption will not jeopardize accurate monitoring of 
the vessel's DAS. Upon written request, the Regional Administrator may 
change the time period for which the exemption is granted.
* * * * *


0
6. In Sec.  648.10, paragraphs (b), (c), and (f) are revised to read as 
follows:


Sec.  648.10  DAS notification requirements.

* * * * *
    (b) VMS Notification. (1) The following vessels must have installed 
on board an operational VMS unit that meets the minimum performance 
criteria specified in Sec.  648.9(b), or as modified pursuant to Sec.  
648.9(a):
    (i) A scallop vessel issued a Full-time or Part-time limited access 
scallop permit;
    (ii) A scallop vessel issued an Occasional limited access permit 
when fishing under the Sea Scallop Area Access Program specified in 
Sec.  648.58;
    (iii) A scallop vessel fishing under the Small Dredge program 
specified in Sec.  648.51(e);
    (iv) A vessel issued a limited access NE multispecies, monkfish, 
Occasional scallop, or Combination permit, whose owner elects to 
provide the notifications required by this paragraph (b), unless 
otherwise authorized or required by the Regional Administrator under 
paragraph (d) of this section.
    (v) A vessel issued a limited access NE multispecies permit 
electing to fish under the U.S./Canada Resource Sharing Understanding, 
as specified in Sec.  648.85(a).
    (2) The owner of such a vessel specified in paragraph (b)(1) of 
this section must provide documentation to the Regional Administrator 
at the time of application for a limited access permit that the vessel 
has an operational VMS unit installed on board that meets those 
criteria, unless otherwise allowed under this paragraph (b). If a 
vessel has already been issued a limited access permit without the 
owner providing such documentation, the Regional Administrator shall 
allow at least 30 days for the vessel to install an operational VMS 
unit that meets the criteria and for the owner to provide documentation 
of such installation to the Regional Administrator. A vessel that is 
required to, or whose owner has elected to, use a VMS unit is subject 
to the following requirements and presumptions:
    (i) A vessel that has crossed the VMS Demarcation Line specified 
under paragraph (a) of this section is deemed to be fishing under the 
DAS program, unless the vessel's owner or authorized representative 
declares the vessel out of the scallop, NE multispecies, or monkfish 
fishery, as applicable, for a specific time period by notifying the 
Regional Administrator through the VMS prior to the vessel leaving 
port, or unless the vessel's owner or authorized representative 
declares the vessel will be fishing in the Eastern U.S./Canada Area as 
described in Sec.  648.85(a)(3)(ii) under the provisions of that 
program.
    (ii) A Part-time scallop vessel may not fish in the DAS allocation 
program unless it declares into the scallop fishery for a specific time 
period by notifying the Regional Administrator through the VMS.
    (iii) Notification that the vessel is not under the DAS program 
must be received prior to the vessel leaving port. A vessel may not 
change its status after the vessel leaves port or before it returns to 
port on any fishing trip.
    (iv) DAS for a vessel that is under the VMS notification 
requirements of this paragraph (b), with the exception of vessels that 
have elected to fish in the Eastern U.S./Canada Area, pursuant to Sec.  
648.85(a), begin with the first hourly location signal received showing 
that the vessel crossed the VMS Demarcation Line leaving port. DAS end 
with the first hourly location signal received showing that the vessel 
crossed the VMS Demarcation Line upon its return to port. For those 
vessels that have elected to fish in the Eastern U.S./Canada Area 
pursuant to Sec.  648.85(a)(2)(i), the requirements of this paragraph 
(b) begin with the first 30-minute location signal received showing 
that the vessel crossed into the Eastern U.S./Canada Area and end with 
the first location signal received showing that the vessel crossed out 
of the Eastern U.S./Canada Area upon beginning its return trip to port.
    (v) If the VMS is not available or not functional, and if 
authorized by the Regional Administrator, a vessel owner must provide 
the notifications required

[[Page 22948]]

by paragraphs (b)(2)(i), (ii), and (iii) of this section by using the 
call-in notification system described under paragraph (c) of this 
section, instead of using the VMS specified in this paragraph (b).
    (3)(i) A vessel issued a limited access NE multispecies, monkfish, 
Occasional scallop, or Combination permit must use the call-in 
notification system specified in paragraph (c) of this section, unless 
the owner of such vessel has elected, under paragraph (b)(3)(iii) of 
this section, to provide the notifications required by this paragraph 
(b), or unless the vessel has elected to fish in the Eastern U.S./
Canada Area or Western U.S./Canada Area, as described under Sec.  
648.85(a)(2)(i), unless otherwise authorized under paragraph (b)(2)(v) 
of this section.
    (ii) Unless otherwise required by paragraph (b)(1)(v) of this 
section, upon recommendation by the Council, the Regional Administrator 
may require, by notification through a letter to affected permit 
holders, notification in the Federal Register, or other appropriate 
means, that a NE multispecies vessel issued an Individual DAS or 
Combination Vessel permit install on board an operational VMS unit that 
meets the minimum performance criteria specified in Sec.  648.9(b), or 
as modified as provided under Sec.  648.9(a). An owner of such a vessel 
must provide documentation to the Regional Administrator that the 
vessel has installed on board an operational VMS unit that meets those 
criteria. If a vessel has already been issued a permit without the 
owner providing such documentation, the Regional Administrator shall 
allow at least 30 days for the vessel to install an operational VMS 
unit that meets the criteria and for the owner to provide documentation 
of such installation to the Regional Administrator. A vessel that is 
required to use a VMS shall be subject to the requirements and 
presumptions described under paragraphs (b)(2)(i) through (v) of this 
section.
    (iii) A vessel issued a limited access NE multispecies, monkfish, 
Occasional scallop, or Combination permit may be authorized by the 
Regional Administrator to provide the notifications required by this 
paragraph (b) using the VMS specified in this paragraph (b). The owner 
of such vessel becomes authorized by providing documentation to the 
Regional Administrator at the time of application for an Individual or 
Combination vessel limited access NE multispecies permit that the 
vessel has installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec.  648.9(b), or as 
modified as provided under Sec.  648.9(a). Vessels that are authorized 
to use the VMS in lieu of the call-in requirement for DAS notification 
shall be subject to the requirements and presumptions described under 
paragraphs (b)(2)(i) through (v) of this section. Those who elect to 
use the VMS do not need to call in DAS as specified in paragraph (c) of 
this section. Vessels that do call in are exempt from the prohibition 
specified in Sec.  648.14(c)(2).
    (c) Call-in notification. Owners of vessels issued limited access 
NE multispecies, monkfish or red crab permits who are participating in 
a DAS program and who are not required to provide notification using a 
VMS, and scallop vessels qualifying for a DAS allocation under the 
Occasional category and who have not elected to fish under the VMS 
notification requirements of paragraph (b) of this section, are subject 
to the following requirements:
    (1) Less than 1 hour prior to leaving port, for vessels issued a 
limited access NE multispecies DAS permit or, for vessels issued a 
limited access NE multispecies DAS permit and a limited access monkfish 
Category C or D permit, unless otherwise specified in this paragraph 
(c)(1), 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, unless otherwise specified in paragraph (c)(6) 
of this section. Vessels issued a limited access monkfish Category C or 
D permit that are allowed to fish as a Category A or B vessel in 
accordance with the provisions of Sec.  648.92(b)(2)(ii), are subject 
to the call-in notification requirements for limited access monkfish 
Category A or B vessels specified under this paragraph (c)(1) for those 
monkfish DAS where there is not a concurrent NE multispecies DAS.
    (2) The vessel's confirmation numbers for the current and 
immediately prior NE multispecies, monkfish or red crab fishing trip 
must be maintained on board the vessel and provided to an authorized 
officer upon request.
    (3) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information: Owner and caller name and phone number, 
vessel name, port of landing and permit number, and that the vessel has 
ended a trip. A DAS ends when the call has been received and 
confirmation has been given by the Regional Administrator, unless 
otherwise specified in paragraph (b)(2)(iv) of this section.
    (4) The Regional Administrator will furnish a phone number for DAS 
notification call-ins upon request.
    (5) Any vessel that possesses or lands per trip more than 400 lb 
(181 kg) of scallops, and any vessel issued a limited access NE 
multispecies permit subject to the NE multispecies DAS program and 
call-in requirement that possesses or lands regulated species, except 
as provided in Sec. Sec.  648.17 and 648.89, any vessel issued a 
limited access monkfish permit subject to the monkfish DAS program and 
call-in requirement that possesses or lands monkfish above the 
incidental catch trip limits specified in Sec.  648.94(c), and any 
vessel issued a limited access red crab permit subject to the red crab 
DAS program and call-in requirement that possesses or lands red crab 
above the incidental catch trip limits specified in Sec.  
648.263(b)(1), shall be deemed in its respective DAS program for 
purposes of counting DAS, regardless of whether the vessel's owner or 
authorized representative provided adequate notification as required by 
paragraph (c) of this section.
* * * * *
    (f) Additional NE multispecies call-in requirements--(1) Spawning 
season call-in. With the exception of vessels issued a valid Small 
Vessel category permit, or the Handgear A permit category, vessels 
subject to the spawning season restriction described in Sec.  648.82 
must notify the Regional Administrator of the commencement date of 
their 20-day period out of the NE multispecies fishery through either 
the VMS system or by calling and providing the following information: 
Vessel name and permit number, owner and caller name and phone number, 
and the commencement date of the 20-day period.
    (2) Gillnet call-in. Vessels subject to the gillnet restriction 
described in Sec.  648.82(j)(1)(ii) must notify the Regional 
Administrator of the commencement date of their time out of the NE 
multispecies gillnet fishery using

[[Page 22949]]

the procedure described in paragraph (f)(1) of this section.

0
7. In Sec.  648.14, paragraphs (a)(39), (40), (43), (47), (52), (55), 
(90), (104), (116), (126); (b)(1) through (4); (c)(1), (c)(3), (c)(7), 
(c)(10) through (c)(15), (c)(21), (c)(24), (c)(26), (c)(29) through 
(c)(31), and (c)(33); the introductory text to paragraph (d); and 
paragraph (d)(2) are revised; paragraphs (c)(18), (c)(23), and (c)(32) 
are removed and reserved; and paragraphs (a)(128) through (162) and 
(c)(34) through (50) are added to read as follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (39) Enter or be in the area described in Sec.  648.81(b)(1) on a 
fishing vessel, except as provided in Sec.  648.81(b)(2).
    (40) Enter or be in the area described in Sec.  648.81(c)(1) on a 
fishing vessel, except as allowed under Sec.  648.81(c)(2) and (i).
* * * * *
    (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)(8), the SNE mussel and sea urchin dredge exemption 
area; (b)(9), the SNE little tunny gillnet exemption area; and (b)(11), 
the SNE Scallop Dredge Exemption Area. Each violation of any provision 
in Sec.  648.80 constitutes a separate violation.
* * * * *
    (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)(3) or (4), (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 NE 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(d)(1) through 
(g)(1), except as provided in Sec.  648.81(d)(2), (e)(2), (f)(2), 
(g)(2), and (i).
* * * * *
    (55) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, regulated species in excess of the possession limits 
specified in Sec.  648.85 or Sec.  648.86 applicable to a vessel issued 
a NE multispecies permit, unless otherwise specified in Sec.  648.17.
* * * * *
    (90) Use, set, haul back, fish with, possess on board a vessel, 
unless stowed in accordance with Sec.  648.23(b), or fail to remove, 
sink gillnet gear and other gillnet gear capable of catching NE 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec.  648.81(f)(2)(ii)), in the areas and for the times 
specified in Sec.  648.80(g)(6)(i) and (ii), except as provided in 
Sec. Sec.  648.80(g)(6)(i) and (ii) and 648.81(f)(2)(ii), or unless 
otherwise authorized in writing by the Regional Administrator.
* * * * *
    (104) Fish for, harvest, possess, or land regulated species in or 
from the closed areas specified in Sec.  648.81(a) through (f), unless 
otherwise specified in Sec.  648.81(c)(2)(iii), (f)(2)(i), or 
(f)(2)(iii).
* * * * *
    (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)(vii) with trawl gear where the diameter of any part of the 
trawl footrope, including discs, rollers or rockhoppers, is greater 
than 12 inches (30.5 cm).
* * * * *
    (126) Call in DAS in excess of that allocated, leased, or 
permanently transferred, in accordance with the restrictions and 
conditions of Sec.  648.82.
* * * * *
    (128) Fish for, harvest, possess or land any regulated NE 
multispecies from the areas specified in Sec.  648.85(a)(1), unless in 
compliance with the restrictions and conditions specified in Sec.  
648.85(a)(3).
    (129) Enter or fish in the Western U.S./Canada Area or Eastern 
U.S./Canada Area specified in Sec.  648.85(a)(1), unless declared into 
the area in accordance with Sec.  648.85(a)(3)(ii).
    (130) If declared into one of the areas specified in Sec.  
648.85(a)(1), fish during that same trip outside of the declared area, 
or enter or exit the declared area more than once per trip.
    (131) If the vessel has been issued a limited access NE 
multispecies DAS permit, and is in the area specified in Sec.  
648.85(a), fail to comply with the VMS requirements in Sec.  
648.85(a)(3)(i).
    (132) If fishing with trawl gear under a NE multispecies DAS in the 
Eastern U.S./Canada Area defined in Sec.  648.85(a)(1)(ii), fail to 
fish with a haddock separator trawl or a flounder trawl net, as 
specified in Sec.  648.85(a)(3)(iii).
    (133) If fishing under a NE multispecies DAS in the Western U.S./
Canada Area or Eastern U.S./Canada Area specified in Sec.  
648.85(a)(1), exceed the trip limits specified in Sec.  
648.85(a)(3)(iv), unless further restricted under Sec.  648.85(b).
    (134) If fishing under a NE multispecies DAS, enter or fish in the 
Eastern U.S./Canada Area specified in Sec.  648.85(a)(1), if the area 
is closed as described in Sec.  648.85(a)(3)(iv)(E), unless fishing in 
the Closed Area II Yellowtail Flounder SAP specified in Sec.  
648.85(b)(3).
    (135) If fishing under a NE multispecies DAS in the Western U.S./
Canada Area or Eastern U.S./Canada Area specified in Sec.  
648.85(a)(1), fail to report landings in accordance with Sec.  
648.85(a)(3)(v).
    (136) If fishing under the Closed Area II Yellowtail Flounder SAP, 
fish for, harvest, possess or land any regulated NE multispecies from 
the area specified in Sec.  648.85(b)(3)(ii), unless in compliance with 
the restrictions and conditions specified in Sec.  648.85(b)(3)(i) 
through (x).
    (137) Enter or fish in Closed Area II as specified in Sec.  
648.81(b), unless declared into the area in accordance with Sec.  
648.85(b)(3)(v).
    (138) Enter or fish in Closed Area II under the Closed Area II 
Yellowtail Flounder SAP outside of the season specified in Sec.  
648.85(b)(3)(iii).
    (139) If fishing in the Closed Area II Yellowtail Flounder SAP 
specified in Sec.  648.85(b)(3), exceed the number of trips specified 
under Sec.  648.85(b)(3)(vii).
    (140) If fishing in the Closed Area II Yellowtail Flounder SAP 
specified in Sec.  648.85(b)(3), exceed the trip limits specified in 
Sec.  648.85(b)(3)(viii).
    (141) If declared into the areas specified in Sec.  648.85(b), 
enter or exit the declared areas more than once per trip.
    (142) [Reserved]
    (143) [Reserved]
    (144) [Reserved]
    (145) [Reserved]
    (146) [Reserved]
    (147) [Reserved]
    (148) [Reserved]
    (149) [Reserved]
    (150) [Reserved]
    (151) [Reserved]
    (152) [Reserved]
    (153) If fishing under the SNE/MA Winter Flounder SAP, described in 
Sec.  648.85(b)(6), fail to comply with the

[[Page 22950]]

restrictions and conditions under Sec.  648.85(b)(6)(i) through (iv).
    (154) If fishing under an approved Sector, as authorized under 
Sec.  648.87, fail to abide by the restrictions specified in Sec.  
648.87(b)(1).
    (155) If fishing under an approved Sector, as authorized under 
Sec.  648.87, fail to remain in the sector for the remainder of the 
fishing year as required under Sec.  648.87(b)(1).
    (156) If fishing under the Georges Bank (GB) Cod Hook Sector, as 
authorized under Sec.  648.87, fish in the NE multispecies DAS program 
in a given fishing year, or if fishing under a NE multispecies DAS, 
fish under the GB Cod Hook Sector in a given fishing year, unless as 
otherwise provided under Sec.  648.87(b)(1)(xii).
    (157) If a vessel has agreed to participate in a Sector, fail to 
remain in the Sector for the entire fishing year, as required under 
Sec.  648.87(b)(1)(xi).
    (158) If a vessel is removed from a Sector for violation of the 
Sector rules, fish under the NE Multispecies regulations for non-Sector 
vessels.
    (159) If fishing under the GB Cod Hook Sector, fish with gear other 
than jigs, demersal longline, or handgear.
    (160) Land or possess on board a vessel, more than the possession 
or landing limits specified in Sec.  648.88(a)(1), if fishing under an 
open access Handgear permit.
    (161) Possess on board gear other than that specified under Sec.  
648.88(a)(2)(i), or fish with hooks greater than the number specified 
under Sec.  648.88(a)(2)(iii), if fishing under an open access Handgear 
permit.
    (162) Fish for, possess, or land regulated multispecies from March 
1 to March 20, if issued an open access Handgear permit.
    (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), (g), and 
(h), or to violate any of the other provisions of Sec.  648.86, unless 
otherwise specified in Sec.  648.17.
    (2) [Reserved]
    (3) While fishing in the areas specified in Sec.  648.86(g)(1)(i) 
or (g)(2)(i), with a NE multispecies Handgear A permit, or under the NE 
multispecies DAS program, or under the limited access monkfish Category 
C or D permit provisions, possess yellowtail flounder in excess of the 
limits specified under Sec.  648.86(g)(1)(ii) or (g)(2)(ii), 
respectively, unless fishing under the recreational or charter/party 
regulations, or transiting in accordance with Sec.  648.23(b).
    (4) If fishing in the areas specified in Sec.  648.86(g)(1)(i) or 
(g)(2)(i), with a NE multispecies Handgear A permit, or under the NE 
multispecies DAS program, or under the limited access monkfish Category 
C or D permit provisions, fail to comply with the requirements 
specified in Sec.  648.81(g)(1)(ii) or (g)(2)(ii), respectively.
    (c) * * *
    (1) Fish for, possess at any time during a trip, or land per trip 
more than the possession limit of NE multispecies specified in Sec.  
648.86(d) after using up the vessel's annual DAS allocation or when not 
participating in the DAS program pursuant to Sec.  648.82, unless 
otherwise exempted under Sec.  648.82(b)(5) or Sec.  648.89.
* * * * *
    (3) Combine, transfer, or consolidate DAS allocations, except as 
provided for under the DAS Leasing Program or the DAS Transfer Program, 
as specified under Sec.  648.82(k) and (l), respectively.
* * * * *
    (7) Possess or land per trip more than the possession or landing 
limits specified under Sec.  648.86(a), (b), (c), (d), (g), and (h), 
and under Sec.  648.82(b)(5) or (6), if the vessel has been issued a 
limited access NE multispecies permit.
* * * * *
    (10) Enter, fail to remove sink gillnet gear or gillnet gear 
capable of catching NE multispecies from, or be in the areas, and for 
the times, described in Sec.  648.80(g)(6)(i) and (ii), except as 
provided in Sec. Sec.  648.80(g)(6)(i) and 648.81(i).
    (11) If the vessel has been issued a limited access NE multispecies 
permit and fishes under a NE multispecies DAS, fail to comply with 
gillnet requirements and restrictions specified in Sec.  648.82(j).
    (12) If the vessel has been issued a limited access Day gillnet 
category designation, fail to comply with the restriction and 
requirements specified in Sec.  648.82(j)(1).
    (13) 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(j)(2).
    (14) If the vessel has been issued a limited access NE multispecies 
permit and fishes under a NE multispecies DAS will gillnet gear, fail 
to comply with gillnet tagging requirements specified in Sec.  
648.80(a)(3)(iv)(A)(4), (a)(3)(iv)(B)(4), (a)(3)(iv)(C), 
(a)(4)(iv)(A)(3), (a)(4)(iv)(B)(3), (b)(2)(iv)(C), (b)(2)(iv)(F), 
(c)(2)(v)(A)(2), and (c)(2)(v)(B)(2), 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.  
648.80(a)(3)(iv)(C), without the written confirmation from the Regional 
Administrator described in Sec.  648.80(a)(3)(iv)(C).
* * * * *
    (18) [Reserved]
* * * * *
    (21) Fail to declare, and be, out of the non-exempt gillnet fishery 
as required by Sec.  648.82(j)(1)(ii), using the procedure specified in 
Sec.  648.82(h).
* * * * *
    (23) [Reserved]
    (24) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(b)(1)(i), unless the vessel is fishing under the cod exemption 
specified in Sec.  648.86(b)(4).
* * * * *
    (26) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(b)(2)(ii) or (iii).
* * * * *
    (29) Enter, be on a fishing vessel in, or fail to remove gear from 
the areas described in Sec.  648.81(d)(1), (e)(1), (f)(1), and (g)(1) 
during the time periods specified, except as provided in Sec.  
648.81(d)(2), (e)(2), (f)(2), (g)(2), and (i).
    (30) If fishing with bottom tending mobile gear, fish in, enter, be 
on a fishing vessel in, the Essential Fish Habitat (EFH) Closure Areas 
described in Sec.  648.81(h)(1)(i) through (vi).
    (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(f)(2)(iii) when fishing in the 
areas described in Sec.  648.81(d)(1) through (f)(1) during the time 
periods specified in those sections.
    (32) [Reserved]
    (33) Fail to remain in port for the appropriate time specified in 
Sec.  648.86(b)(2)(iii)(A), except for transiting purposes, provided 
the vessel complies with Sec.  648.86(b)(3).
    (34) Lease NE multispecies DAS or use leased DAS that have not been 
approved for leasing by the Regional Administrator as specified in 
Sec.  648.82(k).
    (35) Provide false information on the application for NE 
multispecies DAS leasing, as required under Sec.  648.82(k)(3).
    (36) Act as lessor or lessee of a NE multispecies Category B DAS, 
or Category C DAS.
    (37) Act as lessor or lessee of NE multispecies DAS, if the vessels 
are not in accordance with the size restrictions specified in Sec.  
648.82(k)(4)(ix).
    (38) Sub-lease NE multispecies DAS.
    (39) Lease more than the maximum number of DAS allowable under 
Sec.  648.82(k)(4)(iv).

[[Page 22951]]

    (40) Lease NE multispecies DAS to a vessel that does not have a 
valid limited access multispecies permit.
    (41) Lease NE multispecies DAS associated with a Confirmation of 
Permit History.
    (42) Lease NE multispecies DAS if the number of unused allocated 
DAS is less than the number of DAS requested to be leased.
    (43) Lease NE multispecies DAS in excess of the duration specified 
in Sec.  648.82(k)(4)(viii).
    (44) Transfer NE multispecies DAS or use transferred DAS that have 
not been approved for transfer by the Regional Administrator as 
specified under Sec.  648.82(l).
    (45) Provide false information on the application for NE 
multispecies DAS Transfer, as required under Sec.  648.82(l)(2).
    (46) Permanently transfer only a portion of a vessels total 
allocation of DAS.
    (47) Permanently transfer NE multispecies DAS between vessels, if 
such vessels are not in accordance with the size restrictions specified 
in Sec.  648.82(l)(1)(ii).
    (48) If permanently transferring NE multispecies DAS to another 
vessel, fail to forfeit all state and Federal fishing permits, or fish 
in any state or Federal commercial fishery indefinitely.
    (49) If fishing under the cod trip limit specified in Sec.  
648.86(b)(2)(ii), fail to obtain an annual declaration, or fish north 
of the exemption line specified in Sec.  648.86(b)(4).
    (50) [Reserved]
    (d) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraphs (a), (b), and (c) of this 
section, it is unlawful for any person owning or operating a vessel 
issued an open access multispecies handgear permit to do any of the 
following, unless otherwise specified in Sec.  648.17:
* * * * *
    (2) Use or possess on board, gear capable of harvesting NE 
multispecies, other than rod and reel, or handline gear, or tub-trawls, 
while in possession of, or fishing for, NE multispecies.
* * * * *

0
8. In Sec.  648.23, paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) are 
revised to read as follows:


Sec.  648.23  Gear restrictions.

* * * * *
    (b) * * *
    (1) * * *
    (iii) * * *
    (A) The net is on a reel, its entire surface is covered with canvas 
or other similar opaque material, and the canvas or other material is 
securely bound;
* * * * *
    (iv) * * *
    (A) The net is on a reel, its entire surface is covered with canvas 
or other similar opaque material, and the canvas or other material is 
securely bound;
* * * * *

0
9. Section 648.80 is revised to read as follows:


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

    Except as provided in Sec.  648.17, all vessels must comply with 
the following minimum mesh size, gear and methods of fishing 
requirements, unless otherwise exempted or prohibited.
    (a) Gulf of Maine (GOM) and 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 loran C
                Point                          N. lat.                W. long.                  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

[[Page 22952]]

than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels 
that have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (A) For vessels greater than 45 ft (13.7 m) in length overall, a 
diamond mesh codend is defined as the first 50 meshes counting from the 
terminus of the net, and a square mesh codend is defined as the first 
100 bars counting from the terminus of the net.
    (B) For vessels 45 ft (13.7 m) or less in length overall, a diamond 
mesh codend is defined as the first 25 meshes counting from the 
terminus of the net, and a square mesh codend is defined as the first 
50 bars counting from the terminus of the net.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraphs (a)(3)(ii) and (vi) of this section, 
and unless otherwise restricted under paragraph (a)(3)(iii) of this 
section, the minimum mesh size for any Scottish seine, midwater trawl, 
or purse seine on a vessel or used by a vessel fishing under a DAS in 
the NE multispecies DAS program in the GOM Regulated Mesh Area is 6-
inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh applied 
throughout the net, or any combination thereof, provided the vessel 
complies with the requirements of paragraph (a)(3)(vii) of this 
section. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the GOM Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
on a vessel or used by a vessel fishing under a DAS in the Large-mesh 
DAS program, specified in Sec.  648.82(b)(4), 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--(1) Mesh size. 
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.
    (2) Number of nets. A Trip gillnet vessel fishing under a NE 
multispecies DAS and fishing in the GOM Regulated Mesh Area 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, and may stow nets in 
excess of 150.
    (3) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m) in length.
    (4) Tags. Roundfish or flatfish nets must be tagged with one tag 
per net, secured to every other bridle of every net within a string of 
nets.
    (B) Day gillnet vessels--(1) Mesh size. 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 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.
    (2) Number of nets. A day gillnet vessel fishing under a NE 
multispecies DAS and fishing in the GOM Regulated Mesh Area may not 
fish with, haul, possess, or deploy more than 50 roundfish sink 
gillnets or 100 flatfish (tie-down) sink gillnets, each of which must 
be tagged pursuant to paragraph (a)(3)(iv)(C) of this section, except 
as provided in Sec.  648.92(b)(8)(i). Vessels may fish any combination 
of roundfish and flatfish gillnets up to 100 nets, and may stow 
additional nets not to exceed 160 nets, counting deployed nets.
    (3) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m) in length.
    (4) Tags. 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. Gillnet 
vessels must also abide by the tagging requirements in paragraph 
(a)(3)(iv)(C) of this section.
    (C) Obtaining and replacing tags. 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 or 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 onboard the vessel and can be made available for inspection.
    (1) 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.
    (2) 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 by the 
Regional Administrator before tags will be re-issued.
    (v) Hook gear restrictions. Unless otherwise specified in paragraph 
(a)(3)(v) of this section, 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 unabated hook and gangions 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 (``crucifer'') 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. Vessels fishing with a valid NE 
multispecies limited access Handgear A permit are prohibited from 
fishing, or possessing on board the vessel, gear other than handgear. 
Vessels fishing with tub-trawl gear are prohibited from fishing, 
setting, or

[[Page 22953]]

hauling back, per day, or possessing on board the vessel more than 250 
hooks.
    (vi) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the GOM or GB Exemption Area as defined in paragraph (a)(17) 
of this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (a)(5) 
through (7), (a)(9) through (14), (d), (e), (h), and (i) of this 
section; or if fishing under a NE multispecies DAS; or if fishing under 
the Small Vessel or Handgear A exemptions specified in Sec.  
648.82(b)(5) and (6), respectively; 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 (30.5 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]30'          (\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 minimum mesh size and gear 
restrictions--(i) Vessels using trawls. Except as provided in paragraph 
(a)(3)(vi) of this section, and this paragraph (a)(4)(i), and unless 
otherwise restricted under paragraph (a)(4)(iii) of this section, the 
minimum mesh size for any trawl net, except midwater trawl, and the 
minimum mesh size for any trawl net when fishing in that portion of the 
GB Regulated Mesh Area that lies within the SNE Exemption Area, as 
described in paragraph (b)(10) of this section, that is not stowed and 
available for immediate use in accordance with Sec.  648.23(b), on a 
vessel or used by a vessel fishing under a DAS in the NE multispecies 
DAS program in the GB Regulated Mesh Area is 6-inch (15.2-cm) diamond 
mesh or 6.5-inch (16.5-cm) square mesh applied throughout the body and 
extension of the net, or any combination thereof, and 6.5-inch (16.5-
cm) diamond mesh or square mesh applied to the codend of the net as 
defined under paragraph (a)(3)(i) of this section, provided the vessel 
complies with the requirements of paragraph (a)(3)(vii) of this 
section. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraph (a)(3)(vi) of this section, and this 
paragraph (a)(4)(ii), 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. When fishing in the GB Regulated Mesh 
Area, the minimum mesh size for any trawl net, 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)(5), is 8.5-inch 
(21.6-cm) diamond or square mesh throughout the entire net. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iv) Gillnet vessels. Except as provided in paragraph (a)(3)(vi) of 
this section and this paragraph (a)(4)(iv), for Day and Trip gillnet 
vessels, the minimum mesh size for any sink 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.
    (A) Trip gillnet vessels--(1) Number of nets. A Trip gillnet vessel 
fishing under a NE multispecies DAS and fishing in the GB Regulated 
Mesh Area may not fish with, haul, possess, or deploy more than 150 
nets, except as provided in Sec.  648.92(b)(8)(i). Vessels may fish any 
combination of roundfish and flatfish gillnets, up to 150 nets, and may 
stow nets in excess of 150 in accordance with Sec.  648.23(b).
    (2) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m) in length.
    (3) Tags. Roundfish or flatfish nets must be tagged with two tags 
per net, with one tag secured to each bridle of every net within a 
string of nets.
    (B) Day gillnet vessels--(1) Number of nets. A Day gillnet vessel 
fishing under a NE multispecies DAS and fishing in the GB Regulated 
Mesh Area may not fish with, haul, possess, or deploy more than 50 
nets, except as provided in Sec.  648.92(b)(8)(i).
    (2) Net size requirements. Vessels may fish any combination of 
roundfish and flatfish gillnets, up to 50 nets. Such vessels, in 
accordance with Sec.  648.23(b), may stow additional nets not to exceed 
150, counting the deployed net. Nets may not be longer than 300 ft 
(91.4 m).

[[Page 22954]]

    (3) Tags. Roundfish or flatfish nets must be tagged with two tags 
per net, with one tag secured to each bridle of every net within a 
string of nets.
    (4) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of 
this section.
    (v) Hook gear restrictions. Unless otherwise specified in this 
paragraph (a)(4)(v), 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 unabated hook and gangions 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 (``crucifer'') 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. Vessels fishing with a valid NE 
multispecies limited access Handgear A permit are prohibited from 
fishing or possessing on board the vessel, gear other than hand gear. 
Vessels fishing with tub-trawl gear are prohibited from fishing, 
setting, or hauling back, per day, or possessing on board the vessel 
more than 250 hooks.
    (5) Small Mesh Northern Shrimp Fishery Exemption. Vessels subject 
to the minimum mesh size restrictions specified in this paragraph (a) 
may fish for, harvest, possess, or land northern shrimp in the GOM, GB, 
SNE, and MA Regulated Mesh Areas, as described under paragraphs (a)(1), 
(a)(2), (b)(1), and (c)(1) of this section, respectively, 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.
    (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.
    (ii) Requirement to use a finfish excluder device (FED). A vessel 
must have a rigid or semi-rigid grate consisting of parallel bars of 
not more than 1-inch (2.54-cm) spacing that excludes all fish and other 
objects, except those that are small enough to pass between its bars 
into the codend of the trawl, secured in the trawl, forward of the 
codend, in such a manner that it precludes the passage of fish or other 
objects into the codend without the fish or objects having to first 
pass between the bars of the grate, in any net with mesh smaller than 
the minimum size specified in paragraphs (a)(3) and (4) of this 
section. The net must have an outlet or hole to allow fish or other 
objects that are too large to pass between the bars of the grate to 
exit the net. The aftermost edge of this outlet or hole must be at 
least as wide as the grate at the point of attachment. The outlet or 
hole must extend forward from the grate toward the mouth of the net. A 
funnel of net material is allowed in the lengthening piece of the net 
forward of the grate to direct catch towards the grate. (Copies of a 
schematic example of a properly configured and installed FED are 
available from the Regional Administrator upon request.)
    (iii) Time restrictions. A vessel may only fish under this 
exemption during the northern shrimp season, as established by the 
Commission and announced in the Commission's letter to participants.
    (6) Cultivator Shoal Whiting Fishery Exemption Area. Vessels 
subject to the minimum mesh size restrictions specified in paragraphs 
(a)(3) and (4) of this section may fish with, use, or possess nets in 
the Cultivator Shoal Whiting Fishery Exemption Area with a mesh size 
smaller than the minimum size specified, if the vessel complies with 
the requirements specified in paragraph (a)(6)(i) of this section. The 
Cultivator Shoal Whiting Fishery Exemption Area (copies of a map 
depicting the area are available from the Regional Administrator upon 
request) is defined by straight lines connecting the following points 
in the order stated:

             Cultivator Shoal Whiting Fishery Exemption Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
C1...............................  42[deg]10'          68[deg]10'
C2...............................  41[deg]30'          68[deg]41'
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) 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 (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

[[Page 22955]]

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 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 and consistent with paragraph 
(a)(15)(i)(G) of this section.
    (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 Area 1/Small 
Mesh Area 2 fishery, as specified in paragraph (a)(9) of this section, 
may transit through the Scallop Dredge Fishery Exemption Area as 
specified in paragraph (a)(11) 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). Vessels fishing in the Small Mesh 
Northern Shrimp Fishery, as specified in paragraph (a)(3) of this 
section, may transit through the GOM, GB, SNE, and MA Regulated Mesh 
Areas, as described in paragraphs (a)(1), (a)(2), (b)(1), and (c)(1) of 
this section, respectively, with nets of mesh size smaller than the 
minimum mesh size specified in paragraphs (a)(3), (a)(4), (b)(2), and 
(c)(2) of this section, provided 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 Scallop Dredge Fishery Exemption Area defined in paragraph 
(a)(11) 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) Exemption allowing no 
incidental catch of regulated multispecies. An exemption may be added 
in an existing fishery for which there are sufficient data or 
information to ascertain the amount of incidental catch of regulated 
species, if the Regional Administrator, after consultation with the 
NEFMC, determines that the percentage of regulated species caught as 
incidental catch is, or can be reduced to, less than 5 percent, by 
weight, of total catch, unless otherwise specified in this paragraph 
(a)(8)(i), and that such exemption will not jeopardize fishing 
mortality objectives. The 5-percent regulated species incidental catch 
standard could be modified for a stock that is not in an overfished 
condition, or if overfishing is not occurring on that stock. When 
considering modifications of the standard, it must be shown that the 
change will not delay a rebuilding program, or result in overfishing or 
an overfished condition. 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, sacrifices in yield that will 
result from that mortality, the ratio of target species to regulated 
species, status of stock rebuilding, and recent recruitment of 
regulated species. A fishery can be defined, restricted, or allowed by 
area, gear, season, or other means determined to be appropriate to 
reduce incidental catch of regulated species. Notification of 
additions, deletions, or modifications will be made through issuance of 
a rule in the Federal Register.
    (ii) Exemption allowing incidental catch of regulated species. An 
exemption may be added in an existing fishery that would allow vessels 
to retain and land regulated multispecies, under the restrictions 
specified in paragraphs (a)(8)(ii)(A) through (C) of this section, if 
the Regional Administrator, after consultation with the NEFMC, 
considers the status of the regulated species stock or stocks caught in 
the fishery, the risk that this exemption would result in a targeted 
regulated species fishery, the extent of the fishery in terms of time 
and area, and the possibility of expansion in the fishery. Incidental 
catch in exempted fisheries under this paragraph (a)(8)(ii) are 
subject, at a minimum, to the following restrictions:
    (A) A prohibition on the possession of regulated multispecies that 
are overfished or where overfishing is occurring;
    (B) A prohibition on the possession of regulated species in NE 
multispecies closure areas; and
    (C) A prohibition on allowing an exempted fishery to occur that 
would allow retention of a regulated multispecies stock under an 
ongoing rebuilding program, unless it can be determined that the catch 
of the stock in the exempted fishery is not likely to result in 
exceeding the rebuilding mortality rate.
    (iii) For exemptions allowing no incidental catch of regulated 
species, as defined under paragraph (a)(8)(i) of this section, 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. For exemptions allowing incidental catch of 
regulated species, as defined under paragraph (a)(8)(ii) of this 
section, 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, the risk that this 
exemption would result in a targeted regulated species fishery, the 
extent of the fishery in terms of time

[[Page 22956]]

and area, and the possibility of expansion in the fishery.
    (iv) Incidental catch 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)(ii) of this section, a prohibition on the possession of 
regulated species;
    (B) A limit on the possession of monkfish or monkfish parts of 10 
percent, by weight, of all other species on board or as specified by 
Sec.  648.94(c)(3), (4), (5) or (6), as applicable, whichever is less;
    (C) A limit on the possession of lobsters of 10 percent, by weight, 
of all other species on board or 200 lobsters, whichever is less; and
    (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, 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. 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):

                            Small Mesh Area I
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
SM1..............................  43[deg]03[min]      70[deg]27[min]
SM2..............................  42[deg]57[min]      70[deg]22[min]
SM3..............................  42[deg]47[min]      70[deg]32[min]
SM4..............................  42[deg]45[min]      70[deg]29[min]
SM5..............................  42[deg]43[min]      70[deg]32[min]
SM6..............................  42[deg]44[min]      70[deg]39[min]
SM7..............................  42[deg]49[min]      70[deg]43[min]
SM8..............................  42[deg]50[min]      70[deg]41[min]
SM9..............................  42[deg]53[min]      70[deg]43[min]
SM10.............................  42[deg]55[min]      70[deg]40[min]
SM11.............................  42[deg]59[min]      70[deg]32[min]
SM1..............................  43[deg]03[min]      70[deg]27[min]
------------------------------------------------------------------------


                           Small Mesh Area II
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
SM13.............................  43[deg]05.6[min]    69[deg]55[min]
SM14.............................  43[deg]10.1[min]    69[deg]43.3[min]
SM15.............................  42[deg]49.5[min]    69[deg]40[min]
SM16.............................  42[deg]41.5[min]    69[deg]40[min]
SM17.............................  42[deg]36.6[min]    69[deg]55[min]
SM13.............................  43[deg]05.6[min]    69[deg]55[min]
------------------------------------------------------------------------

    (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.
    (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 paragraph 
(a)(3) or paragraph (a)(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[min]      70[deg]00[min]
NS2..............................  41[deg]45[min]      69[deg]20[min]
NS3..............................  41[deg]30[min]      69[deg]20[min]
Cl1..............................  41[deg]30[min]      69[deg]23[min]
NS5..............................  41[deg]26.5[min]    69[deg]20[min]
NS6..............................  40[deg]50[min]      69[deg]20[min]
NS7..............................  40[deg]50[min]      70[deg]00[min]
NS1..............................  41[deg]45[min]      70[deg]00[min]
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Nantucket Shoals 
Dogfish Fishery Exemption Area, under the exemption,

[[Page 22957]]

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 paragraphs (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. 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.
    (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) GOM Scallop Dredge Exemption Area. Unless otherwise prohibited 
in Sec.  648.81, vessels with a limited access scallop permit that have 
declared out of the DAS program as specified in Sec.  648.10, or that 
have used up their DAS allocations, and vessels issued a General 
Category scallop permit, may fish in the GOM Scallop Dredge Fishery 
Exemption Area when not under a NE multispecies DAS, providing the 
vessel complies with the requirements specified in paragraph (a)(11)(i) 
of this section. The GOM Scallop Dredge Fishery Exemption Area is 
defined by the 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):

                    GOM Scallop Dredge 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) Requirements. (A) A vessel fishing in the GOM Scallop Dredge 
Fishery Exemption Area specified in this paragraph (a)(11) 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 may 
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(d) and (e).
    (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 in paragraph 
(a)(10) of this section.
    (13) GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area. 
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. This 
exemption does not apply to the Cashes Ledge Closure Areas or the 
Western GOM Area Closure specified in Sec.  648.81(d) and (e). 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:

[[Page 22958]]



          Raised Footrope Trawl Whiting Fishery Exemption Area
                    [September 1 through November 20]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
RF 1.............................  42[deg]14.05'       70[deg]08.8'
RF 2.............................  42[deg]09.2'        69[deg]47.8'
RF 3.............................  41[deg]54.85'       69[deg]35.2'
RF 4.............................  41[deg]41.5'        69[deg]32.85'
RF 5.............................  41[deg]39'          69[deg]44.3'
RF 6.............................  41[deg]45.6'        69[deg]51.8'
RF 7.............................  41[deg]52.3'        69[deg]52.55'
RF 8.............................  41[deg]55.5'        69[deg]53.45'
RF 9.............................  42[deg]08.35'       70[deg]04.05'
RF 10............................  42[deg]04.75'       70[deg]16.95'
RF 11............................  42[deg]00'          70[deg]13.2'
RF 12............................  42[deg]00'          70[deg]24.1'
RF 13............................  42[deg]07.85'       70[deg]30.1'
RF 1.............................  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.
------------------------------------------------------------------------
RF 1.............................  42[deg]14.05'       70[deg]08.8'
RF 2.............................  42[deg]09.2'        69[deg]47.8'
RF 3.............................  41[deg]54.85'       69[deg]35.2'
RF 4.............................  41[deg]41.5'        69[deg]32.85'
RF 5.............................  41[deg]39'          69[deg]44.3'
RF 6.............................  41[deg]45.6'        69[deg]51.8'
RF 7.............................  41[deg]52.3'        69[deg]52.55'
RF 8.............................  41[deg]55.5'        69[deg]53.45'
RF 9.............................  42[deg]08.35'       70[deg]04.05'
RF 1.............................  42[deg]14.05'       70[deg]08.8'
------------------------------------------------------------------------

    (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) 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)(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) [Reserved]
    (D) All nets must comply with the minimum mesh sizes specified in 
paragraphs (a)(15)(i)(B) of this section. Counting from the terminus of 
the net, the minimum mesh size is applied to the first 100 meshes (200 
bars in the case of square mesh) from the terminus of the net for 
vessels greater than 60 ft (18.3 m) in length and is applied to the 
first 50 meshes (100 bars in the case of square mesh) from the terminus 
of the net for vessels less than or equal to 60 ft (18.3 m) in length.
    (E) Raised footrope trawl gear is required and must be configured 
as specified in paragraphs (a)(9)(ii)(A) through (D) of this section.
    (F) Fishing may only occur from September 1 through November 20 of 
each fishing year, except that it may occur in the eastern portion only 
of the Raised Footrope Trawl Whiting Fishery Exemption Area from 
November 21 through December 31 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 scup.
    (ii) Sea sampling. The Regional Administrator shall conduct 
periodic sea sampling to evaluate the bycatch of regulated species.
    (16) GOM Grate 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, and 
possess in the GOM Grate Raised Footrope Trawl Whiting Fishery area 
from July 1 through November 30 of each year, nets with a mesh size 
smaller than the minimum size specified, if the vessel complies with 
the requirements specified in paragraphs (a)(16)(i) and (ii) of this 
section. The GOM Grate 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:

     GOM Grate Raised Footrope Trawl Whiting Fishery Exemption Area
                      [July 1 through November 30]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
GRF1.............................  43[deg]15'          70[deg]35.4'
GRF2.............................  43[deg]15'          70[deg]00'
GRF3.............................  43[deg]25.2'        70[deg]00'
GRF4.............................  43[deg]41.8'        69[deg]20'
GRF5.............................  43[deg]58.8'        69[deg]20'
------------------------------------------------------------------------

    (i) Mesh requirements and possession restrictions. (A) All nets 
must comply with a minimum mesh size of 2.5-inch (6.35-cm) square or 
diamond mesh, subject to the restrictions specified in paragraph 
(a)(16)(i)(B) of this section. An owner or operator of a vessel 
participating in the GOM Grate Raised Footrope Trawl Exempted 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 paragraph (a)(16)(i)(C) of this 
section, except for the following allowable incidental species: Red 
hake, butterfish, herring, mackerel, squid, and alewife.
    (B) All nets must comply with the minimum mesh size specified in 
paragraph (a)(16)(i)(A) 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.
    (C) An owner or operator of a vessel participating in the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery may fish for, possess, 
and land combined silver hake and offshore hake only up to 7,500 lb 
(3,402 kg). An owner or operator fishing with mesh larger than the 
minimum mesh size specified in paragraph (a)(16)(i)(A) of this section 
may not fish for, possess, or land silver hake or offshore hake in 
quantities larger than 7,500 lb (3,402 kg).

[[Page 22959]]

    (ii) Gear specifications. In addition to the requirements specified 
in paragraph (a)(16)(i) of this section, an owner or operator of a 
vessel fishing in the GOM Grate Raised Footrope Trawl Exempted Whiting 
Fishery must configure the vessel's trawl gear as specified in 
paragraphs (a)(16)(ii)(A) through (C) of this section.
    (A) An owner or operator of a vessel fishing in the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery must configure the 
vessel's trawl gear with a raised footrope trawl as specified in 
paragraphs (a)(9)(ii)(A) through (C) of this section. In addition, the 
restrictions specified in paragraphs (a)(16)(ii)(B) and (C) of this 
section apply to vessels fishing in the GOM Grate Raised Footrope Trawl 
Exempted Whiting Fishery.
    (B) The raised footrope trawl must be used without a sweep of any 
kind (chain, roller frame, or rockhopper). 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 at least 42 inches (106.7 cm) in length and must be hung at 
intervals of 8 ft (2.4 m) along the footrope from the corners to the 
wing ends.
    (C) The raised footrope trawl net must have a rigid or semi-rigid 
grate consisting of parallel bars of not more than 50 mm (1.97 inches) 
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. The 
grate must be 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. 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.
    (iii) Annual review. On an annual basis, the Groundfish PDT will 
review data from this fishery, including sea sampling data, to 
determine whether adjustments are necessary to ensure that regulated 
species bycatch remains at a minimum. If the Groundfish PDT recommends 
adjustments to ensure that regulated species bycatch remains at a 
minimum, the Council may take action prior to the next fishing year 
through the framework adjustment process specified in Sec.  648.90(b), 
and in accordance with the Administrative Procedure Act.
    (17) 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[min]       67[deg]22[min]
G3...............................  42[deg]53.1[min]     67[deg]44.4[min]
G4...............................  42[deg]31[min]      67[deg]28.1[min]
G5...............................  41[deg]18.6[min]    66[deg]24.8[min]
------------------------------------------------------------------------
\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[min  66[deg]38[min]  5930-Y-30750 and 9960-Y-43500.
                                 ]
G7............................  40[deg]45.5[min  68[deg]00[min]  9960-Y-43500 and 68[deg]00[min] W. lat.
                                 ]
G8............................  40[deg]37[min]   68[deg]00[min]  9960-Y-43450 and 68[deg]00[min] W. lat.
G9............................  40[deg]30[min]   69[deg]00[min]
NL3...........................  40[deg]22.7[min  69[deg]00[min]
                                 ]
NL2...........................  40[deg]18.7[min  69[deg]40[min]
                                 ]
NL1...........................  40[deg]50[min]   69[deg]40[min]
G11...........................  40[deg]50[min]   70[deg]00[min]
G12...........................  ...............  70[deg]00[min]
                                                  \1\
----------------------------------------------------------------------------------------------------------------
\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 GB Regulated 
Mesh Area described under paragraph (a)(2)(iii) of this section; and
    (ii) Bounded on the west by a line beginning at the intersection of 
74[deg]00[min] W. long. and the south facing shoreline of Long Island, 
NY, and then running southward along the 74[deg]00[min] 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 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 6.5-inch (16.5-
cm) square mesh or, 7-inch (17.8-cm) diamond mesh applied to the codend 
of the net, as defined under paragraph (a)(3)(i) 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 (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 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

[[Page 22960]]

sq m)), or to vessels that have not been issued a NE multispecies 
permit and that are fishing exclusively in state waters.
    (iii) Large-mesh vessels. When fishing in the SNE Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
not stowed and not available for immediate use in accordance with 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)(4), 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. For Day and Trip gillnet vessels, the minimum 
mesh size for any sink gillnet not stowed and not available for 
immediate use in accordance with 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. Gillnet vessels must also abide by the tagging 
requirements in paragraph (a)(3)(iv)(C) of this section.
    (A) Trip gillnet vessels--(1) Number of nets. A Trip gillnet vessel 
fishing under a NE multispecies DAS and fishing in the SNE Regulated 
Mesh Area, 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. Such 
vessels, in accordance with Sec.  648.23(b), may stow nets in excess of 
75 nets.
    (2) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m) in length.
    (3) Tags. Roundfish or flatfish gillnets must be tagged with two 
tags per net, with one tag secured to each bridle of every net within a 
string of gillnets.
    (B) Day gillnet vessels--(1) Number of nets. A Day gillnet vessel 
fishing under a NE multispecies DAS and fishing in the SNE Regulated 
Mesh Area may not fish with, haul, possess, or deploy more than 75 
nets, except as provided in Sec.  648.92(b)(8)(i). Such vessels, in 
accordance with Sec.  648.23(b), may stow additional nets not to exceed 
160, counting deployed nets.
    (2) Net size requirements. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m), in length.
    (3) Tags. Roundfish or flatfish gillnets must be tagged with two 
tags per net, with one tag secured to each bridle of every net within a 
string of nets.
    (C) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of 
this section.
    (v) Hook gear restrictions. Unless otherwise specified in this 
paragraph (b)(2)(v), 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 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 unabated hook and gangions 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 (``crucifer'') 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. Vessels fishing with a valid NE 
multispecies limited access Handgear A permit are prohibited from 
fishing, or possessing on board the vessel, gears other than handgear. 
Vessels fishing with tub-trawl gear are prohibited from fishing, 
setting, or hauling back, per day, or possessing on board the vessel 
more than 250 hooks.
    (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), (b)(11), (c), (e), (h) and (i) of this section, or 
if fishing under a NE multispecies DAS, if fishing under the Small 
Vessel or Handgear A exemptions specified in Sec.  648.82(b)(5) and 
(b)(6), respectively, 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 under a 
General Category scallop permit in accordance with paragraphs 
(a)(11)(i)(A) and (B) 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. 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).
    (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 paragraphs (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

[[Page 22961]]

percent, by weight, of all other species on board.
    (4) Addition or deletion of exemptions. Same as in paragraph (a)(8) 
of this section.
    (5) SNE Monkfish and Skate Trawl Exemption Area. Unless otherwise 
required or prohibited by monkfish or skate 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 and skate 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 and incidentally 
caught species up to the 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.
    (C) A vessel not operating under a multispecies DAS may fish for, 
possess on board, or land skates, provided:
    (1) The vessel is called into the monkfish DAS program (Sec.  
648.92) and complies with the skate possession limit restrictions at 
Sec.  648.322;
    (2) The vessel has an LOA on board to fish for skates as bait only, 
and complies with the requirements specified at Sec.  648.322(b); or
    (3) The vessel possesses and/or lands skates or skate parts in an 
amount not to exceed 10 percent by weight of all other species on board 
as specified at paragraph (b)(3) of this section.
    (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; the monkfish regulations, as applicable, under 
Sec. Sec.  648.91 through 648.94; and the skate regulations, as 
applicable, under Sec. Sec.  648.4 and 648.322. The SNE Monkfish and 
Skate Gillnet Fishery Exemption Area is defined by a line running from 
the Massachusetts shoreline at 41[deg]35[min] N. lat. and 
70[deg]00[min] 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 and incidentally 
caught species up to the amounts specified in paragraph (b)(3) of this 
section.
    (B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm) 
diamond mesh throughout the net.
    (C) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(6)(i)(B) of this section must be stowed as 
specified in Sec.  648.23(b).
    (D) A vessel not operating under a NE multispecies DAS may fish 
for, possess on board, or land skates, provided:
    (1) The vessel is called into the monkfish DAS program (Sec.  
648.92) and complies with the skate possession limit restrictions at 
Sec.  648.322;
    (2) The vessel has an Letter of Authorization on board to fish for 
skates as bait only, and complies with the requirements specified at 
Sec.  648.322(b); or
    (3) The vessel possesses and/or lands skates or skate parts in an 
amount not to exceed 10 percent, by weight, of all other species on 
board as specified at paragraph (b)(3) of this section.
    (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 subpart L of this part. The SNE Dogfish 
Gillnet Fishery Exemption Area is defined by a line running from the 
Massachusetts shoreline at 41[deg]35[min] N. lat. and 70[deg]00[min] 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[min] N. lat. and 
71[deg]51.5[min] 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[min] N. lat. 
and 71[deg]50.2[min] W. long.; east-northeastly through Block Island, 
RI, to 41[deg]15[min] N. lat. and 71[deg]07[min] 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

[[Page 22962]]

evaluate the likelihood of gear interactions with protected resources.
    (10) SNE Exemption Area--Area definition. The SNE Exemption Area 
(copies of a map depicting this area are available from the Regional 
Administrator upon request) is that area:
    (i) Bounded on the east by straight lines connecting the following 
points in the order stated:

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

    (ii) Bounded on the west by a line running from the Rhode Island 
shoreline at 41[deg]18.2' N. lat. and 71[deg]51.5' W. long. (Watch 
Hill, RI), southwesterly through Fishers Island, NY, to Race Point, 
Fishers Island, NY; and from Race Point, Fishers Island, NY; 
southeasterly to the intersection of the 3-nautical mile line east of 
Montauk Point; southwesterly along the 3-nautical mile line to the 
intersection of 72[deg]30' W. long.; and south along that line to the 
intersection of the outer boundary of the EEZ.
    (11) SNE Scallop Dredge Exemption Area. Unless otherwise prohibited 
in Sec.  648.81, or 50 CFR part 648, subpart D, 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 allocation, 
and vessels issued a General Category scallop permit, may fish in the 
SNE Scallop Dredge Exemption Area when not under a NE multispecies DAS, 
provided the vessel complies with the requirements specified in 
paragraph (b)(11)(ii) of this section.
    (i) The SNE Scallop Dredge Exemption Area is that area (copies of a 
chart depicting this area are available from the Regional Administrator 
upon request):
    (A) Bounded on the west, south, and east by straight lines 
connecting the following points in the order stated:

------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
Sc1..............................  (\1\)               73[deg]00'
Sc2..............................  40[deg]00'          73[deg]00'
Sc3..............................  40[deg]00'          71[deg]40'
Sc4..............................  39[deg]50'          71[deg]40'
Sc5..............................  39[deg]50'          70[deg]00'
Sc6..............................  (\2\)               70[deg]00'
Sc7..............................  (\3\)               70[deg]00'
Sc8..............................  (\4\)               70[deg]00'
------------------------------------------------------------------------
\1\ South facing shoreline of Long Island, NY.
\2\ South facing shoreline of Nantucket, MA.
\3\ North facing shoreline of Nantucket, MA.
\4\ South facing shoreline of Cape Cod, MA.

    (B) Bounded on the northwest by straight lines connecting the 
following points in the order stated:

------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
Sc9..............................  41[deg]00'          (\1\)
Sc10.............................  41[deg]00'          71[deg]40'
Sc11.............................  (\2\)               71[deg]40'
------------------------------------------------------------------------
\1\ East facing shoreline of the south fork of Long Island, NY.
\2\ South facing shoreline of RI.

    (ii) Exemption program requirements. (A) A vessel fishing in the 
Scallop Dredge Exemption Area may not fish for, posses 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 SNE Scallop Dredge Exemption Area shall not 
exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the 
dredge.
    (C) Dredges must use a minimum of an 8-inch (20.3 cm) twine top.
    (D) The exemption does not apply to the Nantucket Lightship Closed 
Area specified under Sec.  648.81(c).
    (c) Mid-Atlantic (MA) Regulated Mesh Area--(1) Area definition. The 
MA Regulated Mesh Area is that area bounded on the east by the western 
boundary of the SNE Regulated Mesh Area, described under paragraph 
(b)(1)(ii) of this section.
    (2) Gear restrictions--(i) Vessels using trawls. Except as provided 
in paragraph (c)(2)(iii) of this section, the minimum mesh size for any 
trawl net not stowed and not 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 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 6.5-inch 
(16.5-cm) diamond or square mesh applied to the codend of the net, as 
defined in paragraph (a)(3)(i) 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 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 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 in 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. When fishing in the MA 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 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)(4), is 7.5-inch 
(19.0-cm) diamond mesh or 8.0-inch (20.3-cm) square mesh, throughout 
the entire net. This restriction does not apply to nets or pieces of 
nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), 
or to vessels that have not been issued a NE multispecies permit and 
that are fishing exclusively in state waters.
    (iv) Hook gear restrictions. Unless otherwise specified in this 
paragraph (c)(2)(iv), 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 MA Regulated Mesh Area, and persons on such 
vessels, are prohibited from using de-hookers (``crucifer'') 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 MA 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 unabated hook and gangions 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. Vessels fishing with a valid NE multispecies 
limited access Handgear

[[Page 22963]]

permit are prohibited from fishing, or possessing on board the vessel 
gears other than handgear. Vessels fishing with tub-trawl gear are 
prohibited from fishing, setting, or hauling back, per day, or 
possessing on board the vessel, more than 250 hooks.
    (v) Gillnet vessels. For Day and Trip gillnet vessels, the minimum 
mesh size for any sink gillnet, not stowed and not available for 
immediate use in accordance with Sec.  648.23(b), when fishing under a 
DAS in the NE multispecies DAS program in the MA 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.
    (A) Trip gillnet vessels--(1) Number of nets. A Trip gillnet vessel 
fishing under a NE multispecies DAS and fishing in the MA Regulated 
Mesh Area, 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. Such 
vessels, in accordance with Sec.  648.23(b), may stow nets in excess of 
75 nets.
    (2) Net size requirement. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms in length.
    (3) Tags. Roundfish or flatfish gillnets must be tagged with two 
tags per net, with one tag secured to each bridle of every net within a 
string of gillnets.
    (B) Day gillnet vessels--(1) Number of nets. A Day gillnet vessel 
fishing under a NE multispecies DAS and fishing in the MA Regulated 
Mesh Area, may not fish with, haul, possess, or deploy more than 75 
nets, except as provided in Sec.  648.92(b)(8)(i). Such vessels, in 
accordance with Sec.  648.23(b), may stow additional nets not to exceed 
160, counting deployed nets.
    (2) Net size requirement. Nets may not be longer than 300 ft (91.4 
m), or 50 fathoms (91.4 m), in length.
    (3) Tags. Roundfish or flatfish gillnets must be tagged with two 
tags per net, with one tag secured to each bridle of every net within a 
string of nets.
    (C) Obtaining and replacing tags. See paragraph (a)(3)(iv)(C) of 
this section.
    (3) Net stowage exemption. Vessels may possess regulated species 
while in possession of nets with mesh smaller than the minimum size 
specified in paragraph (c)(2)(i) of this section, provided that such 
nets are stowed and are not available for immediate use in accordance 
with Sec.  648.23(b), and provided that regulated species were not 
harvested by nets of mesh size smaller than the minimum mesh size 
specified in paragraph (c)(2)(i) of this section.
    (4) Addition or deletion of exemptions. See paragraph (a)(8)(ii) of 
this section.
    (5) MA Exemption Area. The MA Exemption Area is that area that lies 
west of the SNE Exemption Area defined in paragraph (b)(10) of this 
section.
    (d) Midwater trawl gear exemption. Fishing may take place 
throughout the fishing year with midwater trawl gear of mesh size less 
than the applicable minimum size specified in this section, provided 
that:
    (1) Midwater trawl gear is used exclusively;
    (2) When fishing under this exemption in the GOM/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;
    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, or mackerel in areas north of 42[deg]20' N. 
lat. and in the areas described in Sec.  648.81(a)(1), (b)(1), and 
(c)(1); and Atlantic herring, blueback herring, mackerel, or squid in 
all other areas south of 42[deg]20' N. lat.;
    (4) The vessel does not fish for, possess, or land NE multispecies; 
and
    (5) The vessel must carry a NMFS-approved sea sampler/observer, if 
requested by the Regional Administrator.
    (e) Purse seine gear exemption. Fishing may take place throughout 
the fishing year with purse seine gear of mesh size smaller than the 
applicable minimum size specified in this section, provided that:
    (1) The vessel uses purse seine gear exclusively;
    (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;
    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or menhaden; and
    (4) The vessel does not fish for, possess, or land NE multispecies.
    (f) Mesh measurements--(1) Gillnets. Mesh size of gillnet gear 
shall be measured by lining up 5 consecutive knots perpendicular to the 
float line and, with a ruler or tape measure, measuring 10 consecutive 
measures on the diamond, inside knot to inside knot. The mesh shall be 
the average of the measurements of 10 consecutive measures.
    (2) All other nets. With the exception of gillnets, mesh size shall 
be measured by a wedged-shaped gauge having a taper of 2 cm in 8 cm, 
and a thickness of 2.3 mm, inserted into the meshes under a pressure or 
pull of 5 kg.
    (i) Square-mesh measurement. Square mesh in the regulated portion 
of the net is measured by placing the net gauge along the diagonal line 
that connects the largest opening between opposite corners of the 
square. The square-mesh size is the average of the measurements of 20 
consecutive adjacent meshes from the terminus forward along the long 
axis of the net. The square mesh is measured at least five meshes away 
from the lacings of the net.
    (ii) Diamond-mesh measurement. Diamond mesh in the regulated 
portion of the net is measured running parallel to the long axis of the 
net. The diamond-mesh size is the average of the measurements of any 
series of 20 consecutive meshes. The mesh is measured at least five 
meshes away from the lacings of the net.
    (g) Restrictions on gear and methods of fishing--(1) Net 
obstruction or constriction. Except as provided in paragraph (g)(5) of 
this section, a fishing vessel subject to minimum mesh size 
restrictions shall not use any device or material, including, but not 
limited to, nets, net strengtheners, ropes, lines, or chafing gear, on 
the top of a trawl net, except that one splitting strap and one bull 
rope (if present), consisting of line and rope no more than 3 in (7.6 
cm) in diameter, may be used if such splitting strap and/or bull rope 
does not constrict, in any manner, the top of the trawl net. ``The top 
of the trawl net'' means the 50 percent of the net that (in a 
hypothetical situation) would not be in contact with the ocean bottom 
during a tow if the net were laid flat on the ocean floor. For the 
purpose of this paragraph, head ropes are not considered part of the 
top of the trawl net.
    (2) Net obstruction or constriction. (i) Except as provided in 
paragraph (g)(5) of this section, a fishing vessel may not use any mesh 
configuration, mesh construction, or other means on or in the top of 
the net subject to minimum mesh size restrictions, as defined in 
paragraph (g)(1) of this section, if it obstructs the meshes of the net 
in any manner.
    (ii) A fishing vessel may not use a net capable of catching NE 
multispecies if the bars entering or exiting the knots twist around 
each other.
    (3) Pair trawl prohibition. No vessel may fish for NE multispecies 
while pair

[[Page 22964]]

trawling, or possess or land NE multispecies that have been harvested 
by means of pair trawling.
    (4) Brush-sweep trawl prohibition. No vessel may fish for, possess, 
or land NE multispecies while fishing with, or while in possession of, 
brush-sweep trawl gear.
    (5) Net strengthener restrictions when fishing for or possessing 
small-mesh multispecies-- (i) Nets of mesh size less than 2.5 inches 
(6.4 cm). A vessel lawfully fishing for small-mesh multispecies in the 
GOM/GB, SNE, or MA Regulated Mesh Areas, as defined in paragraphs (a), 
(b), and (c) of this section, with nets of mesh size smaller than 2.5 
inches (6.4-cm), as measured by methods specified in paragraph (f) of 
this section, may use net strengtheners (covers, as described at Sec.  
648.23(d)), provided that the net strengthener for nets of mesh size 
smaller than 2.5 inches (6.4 cm) complies with the provisions specified 
under Sec.  648.23(d).
    (ii) Nets of mesh size equal to or greater than 2.5 inches (6.4 cm) 
but less than 3 inches (7.6 cm). A vessel lawfully fishing for small-
mesh multispecies in the GOM/GB, SNE, or MA Regulated Mesh Areas, as 
defined in paragraphs (a), (b), and (c) of this section, with nets with 
mesh size equal to or greater than 2.5 inches (6.4 cm) but less than 3 
inches (7.6 cm) (as measured by methods specified in paragraph (f) of 
this section, and as applied to the part of the net specified in 
paragraph (d)(1)(iv) of this section) may use a net strengthener (i.e., 
outside net), provided the net strengthener does not have an effective 
mesh opening of less than 6 inches (15.2 cm), diamond or square mesh, 
as measured by methods specified in paragraph (f) of this section. The 
inside net (as applied to the part of the net specified in paragraph 
(d)(1)(iv) of this section) must not be more than 2 ft (61 cm) longer 
than the outside net, must be the same circumference or smaller than 
the smallest circumference of the outside net, and must be the same 
mesh configuration (i.e., both square or both diamond mesh) as the 
outside net.
    (6) Gillnet requirements to reduce or prevent marine mammal takes--
(i) Requirements for gillnet gear capable of catching NE multispecies 
to reduce harbor porpoise takes. In addition to the requirements for 
gillnet fishing identified in this section, all persons owning or 
operating vessels in the EEZ that fish with sink gillnet gear and other 
gillnet gear capable of catching NE multispecies, with the exception of 
single pelagic gillnets (as described in Sec.  648.81(f)(2)(ii)), must 
comply with the applicable provisions of the Harbor Porpoise Take 
Reduction Plan found in Sec.  229.33 of this title.
    (ii) Requirements for gillnet gear capable of catching NE 
multispecies to prevent large whale takes. In addition to the 
requirements for gillnet fishing identified in this section, all 
persons owning or operating vessels in the EEZ that fish with sink 
gillnet gear and other gillnet gear capable of catching NE 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec.  648.81(f)(2)(ii)), must comply with the applicable 
provisions of the Atlantic Large Whale Take Reduction Plan found in 
Sec.  229.32 of this title.
    (h) Scallop vessels. (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).
    (2) Combination vessels fishing under a NE multispecies DAS are 
subject to the gear restrictions specified in this section and may 
possess and land unlimited amounts of regulated species, unless 
otherwise restricted by Sec.  648.86. Such vessels may simultaneously 
fish under a scallop DAS.
    (i) State waters winter flounder exemption. Any vessel issued a NE 
multispecies permit may fish for, possess, or land winter flounder 
while fishing with nets of mesh smaller than the minimum size specified 
in paragraphs (a)(2), (b)(2), and (c)(2) of this section, provided 
that:
    (1) The vessel has on board a certificate approved by the Regional 
Administrator and issued by the state agency authorizing the vessel's 
participation in the state's winter flounder fishing program and is in 
compliance with the applicable state laws pertaining to minimum mesh 
size for winter flounder.
    (2) Fishing is conducted exclusively in the waters of the state 
from which the certificate was obtained.
    (3) The state's winter flounder plan has been approved by the 
Commission as being in compliance with the Commission's winter flounder 
fishery management plan.
    (4) The state elects, by a letter to the Regional Administrator, to 
participate in the exemption program described by this section (for a 
particular fishing year).
    (5) The vessel does not enter or transit the EEZ.
    (6) The vessel does not enter or transit the waters of another 
state, unless such other state is participating in the exemption 
program described by this section and the vessel is enrolled in that 
state's program.
    (7) The vessel, when not fishing under the DAS program, does not 
fish for, possess, or land more than 500 lb (226.8 kg) of winter 
flounder, and has at least one standard tote on board.
    (8) The vessel does not fish for, possess, or land any species of 
fish other than winter flounder and the exempted small-mesh species 
specified under paragraphs (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 and permitted to fish for skates may also possess and land 
skates in amounts not to exceed 10 percent, by weight, of all other 
species on board.

0
10. Section 648.81 is revised to read as follows:


Sec.  648.81  NE multispecies closed areas and measures to protect EFH.

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

                              Closed Area I
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CI1..............................  41[deg]30'          69[deg]23'
CI2..............................  40[deg]45'          68[deg]45'
CI3..............................  40[deg]45'          68[deg]30'
CI4..............................  41[deg]30'          68[deg]30'
CI1..............................  41[deg]30'          69[deg]23'
------------------------------------------------------------------------

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (a)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels:
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish, provided that 
there is no retention of regulated species and no other gear on board 
capable of catching NE multispecies;

[[Page 22965]]

    (ii) Fishing with or using pelagic longline gear or pelagic hook-
and-line gear, or harpoon gear, provided that there is no retention of 
regulated species, and provided that there is no other gear on board 
capable of catching NE multispecies;
    (iii) Fishing with pelagic midwater trawl gear, consistent with 
Sec.  648.80(d), provided that the Regional Administrator shall review 
information pertaining to the bycatch of regulated NE multispecies and, 
if the Regional Administrator determines, on the basis of sea sampling 
data or other credible information for this fishery, that the bycatch 
of regulated multispecies exceeds, or is likely to exceed, 1 percent of 
herring and mackerel harvested, by weight, in the fishery or by any 
individual fishing operation, the Regional Administrator may place 
restrictions and conditions in the letter of authorization for any or 
all individual fishing operations or, after consulting with the 
Council, suspend or prohibit any or all midwater trawl activities in 
the closed areas;
    (iv) Fishing with tuna purse seine gear, provided that there is no 
retention of NE multispecies, and provided there is no other gear on 
board gear capable of catching NE multispecies. If the Regional 
Administrator determines through credible information, that tuna purse 
seine vessels are adversely affecting habitat or NE multispecies 
stocks, the Regional Administrator may, through notice action, 
consistent with the Administrative Procedure Act, prohibit individual 
purse seine vessels or all purse seine vessels from the area; or
    (v) Fishing in a SAP, in accordance with the provisions of Sec.  
648.85(b).
    (b) Closed Area II. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area II 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request), as defined by straight lines connecting 
the following points in the order stated, except as specified in 
paragraph (b)(2) of this section:

                             Closed Area II
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
C1I1.............................  41[deg]00'          67[deg]20'
C1I2.............................  41[deg]00'          66[deg]35.8'
G5...............................  41[deg]18.6'        66[deg]24.8' \1\
C1I3.............................  42[deg]22'          67[deg]20' \1\
C1I1.............................  41[deg]00'          67[deg]20' \1\
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (b)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels--
    (i) Fishing with gears as described in paragraphs (a)(2)(i) through 
(iii), and (a)(2)(v) of this section;
    (ii) Fishing with tuna purse seine gear outside of the portion of 
CA II known as the Habitat Area of Particular Concern, as described in 
paragraph (h)(v) of this section;
    (iii) The vessel is fishing in the CA II Yellowtail Flounder SAP or 
the Closed Area II Haddock SAP as specified under paragraphs (b)(3) and 
(b)(4) of this section, respectively; or
    (iv) Transiting the area, provided:
    (A) The operator has determined that there is a compelling safety 
reason; and
    (B) The vessel's fishing gear is stowed in accordance with the 
provisions of Sec.  648.23(b).
    (c) Nantucket Lightship Closed Area. (1) No fishing vessel or 
person on a fishing vessel may enter, fish, or be in the area known as 
the Nantucket Lightship Closed Area (copies of a chart depicting this 
area are available from the Regional Administrator upon request), as 
defined by straight lines connecting the following points in the order 
stated, except as specified in paragraphs (c)(2) and (i) of this 
section:

                     Nantucket Lightship Closed Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
G10..............................  40[deg]50'          69[deg]00'
CN1..............................  40[deg]20'          69[deg]00'
CN2..............................  40[deg]20'          70[deg]20'
CN3..............................  40[deg]5O'          70[deg]20'
G10..............................  40[deg]50'          69[deg]00'
------------------------------------------------------------------------

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (c)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels:
    (i) Fishing with gears as described in paragraph (a)(2) of this 
section; or
    (ii) Classified as charter, party or recreational vessel, provided 
that:
    (A) If the vessel is a party or charter vessel, it has a letter of 
authorization issued by the Regional Administrator on board, which is 
valid from the date of issuance through a minimum duration of 7 days;
    (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
    (C) The vessel has no gear other than rod and reel or handline gear 
on board.
    (D) The vessel does not fish outside the Nantucket Lightship Closed 
Area during the period specified by the letter of authorization; or
    (iii) Fishing with or using dredge gear designed and used to take 
surfclams or ocean quahogs, provided that there is no retention of 
regulated species and no other gear on board capable of catching NE 
multispecies.
    (d) Cashes Ledge Closure Area. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, or be in, and no fishing gear 
capable of catching NE multispecies, unless otherwise allowed in this 
part, may be in, or on board a vessel in the area known as the Cashes 
Ledge Closure Area, as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(d)(2) and (i) of this section (a chart depicting this area is 
available from the Regional Administrator upon request):

                        Cashes Ledge Closure Area
------------------------------------------------------------------------
              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'
------------------------------------------------------------------------

    (2) Unless otherwise restricted under the EFH Closure(s) specified 
in paragraph (h) of this section, paragraph (d)(1) of this section does 
not apply to persons on fishing vessels or fishing vessels that meet 
the criteria in paragraphs (f)(2)(ii) and (iii) of this section.
    (e) Western GOM 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 Western 
GOM Closure Area, as defined by straight lines connecting the following 
points in the order stated, except as specified in paragraphs (e)(2) 
and (i) of this section:

                      Western GOM Closure Area \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.

    (2) Unless otherwise restricted under paragraph (h) of this 
section, paragraph (e)(1) of this section does not apply to

[[Page 22966]]

persons on fishing vessels or fishing vessels that meet the criteria in 
paragraphs (f)(2)(ii) and (iii) of this section consistent with the 
requirements specified under Sec.  648.80(a)(5).
    (f) 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 (f)(1)(i) through (v) of this 
section, for the times specified in paragraphs (f)(1)(i) through (v) of 
this section, except as specified in paragraphs (f)(2) and (i) 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 this paragraph (f)(1) 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 this paragraph (f)(1)(ii) 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'
GM13.............................  43[deg]00'          68[deg]30'
GM9..............................  43[deg]00'          (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ New Hampshire Shoreline.

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

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

    (v) Rolling Closure Area V. From October 1 through November 30, the 
restrictions specified in this paragraph (f)(1) 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) Paragraph (f)(1) of this section does not apply to persons 
aboard fishing vessels or fishing vessels:
    (i) That have not been issued a multispecies permit and that are 
fishing exclusively in state waters;
    (ii) That are fishing with or using exempted gear as defined under 
this part, subject to the restrictions on midwater trawl gear in 
paragraph (a)(2)(iii) of this section, and excluding pelagic gillnet 
gear capable of catching multispecies, except for vessels fishing with 
a single pelagic gillnet not longer than 300 ft (91.4 m) and not 
greater than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches 
(7.6 cm), provided:
    (A) The net is attached to the boat and fished in the upper two-
thirds of the water column;
    (B) The net is marked with the owner's name and vessel 
identification number;
    (C) There is no retention of regulated species; and
    (D) There is no other gear on board capable of catching NE 
multispecies;
    (iii) That are fishing under charter/party or recreational 
regulations, provided that:
    (A) For vessels fishing under charter/party regulations in a 
Rolling Closure Area described under paragraph (f)(1) of this section, 
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 GOM Area Closure, as described under paragraph 
(d) and (e) of this section, 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; or
    (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 (f)(1)(v) of this section.

[[Page 22967]]

    (g) 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 straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(g)(2) and (i) of this section:

                   Georges Bank Seasonal Closure Area
                             [May 1-May 31]
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
GB1..............................  42[deg]00[min]      (1)
GB2..............................  42[deg]00[min]      68[deg]30[min]
GB3..............................  42[deg]20[min]      68[deg]30[min]
GB4..............................  42[deg]20[min]      67[deg]20[min]
GB5..............................  41[deg]30[min]      67[deg]20[min]
CI1..............................  41[deg]30[min]      69[deg]23[min]
CI2..............................  40[deg]45[min]      68[deg]45[min]
CI3..............................  40[deg]45[min]      68[deg]30[min]
GB6..............................  40[deg]30[min]      68[deg]30[min]
GB7..............................  40[deg]30[min]      69[deg]00[min]
G10..............................  40[deg]50[min]      69[deg]00[min]
GB8..............................  40[deg]50[min]      69[deg]30[min]
GB9..............................  41[deg]00[min]      69[deg]30[min]
GB10.............................  41[deg]00[min]      70[deg]00[min]
G12..............................  (1)                 70[deg] 00[min]
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland MA.

    (2) Paragraph (g)(1) of this section does not apply to persons on 
fishing vessels or to fishing vessels:
    (i) That meet the criteria in paragraphs (f)(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).
    (h) Essential Fish Habitat Closure Areas. (1) In addition to the 
restrictions under paragraphs (a) through (e) of this section, no 
fishing vessel or person on a fishing vessel with bottom tending mobile 
gear on board the vessel may enter, fish in, or be in the EFH Closure 
Areas described in paragraphs (h)(1)(i) through (vi) of this section, 
unless otherwise specified. A chart depicting these areas is available 
from the Regional Administrator upon request.
    (i) Western GOM Habitat Closure Area. The restrictions specified in 
paragraph (h)(1) of this section apply to the Western GOM Habitat 
Closure Area, which is the area bound by straight lines connecting the 
following points in the order stated:

                    Western GOM Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
WGM4.............................  43[deg]15[min]      70[deg]15[min]
WGM1.............................  42[deg]15[min]      70[deg]15[min]
WGM5.............................  42[deg]15[min]      70[deg]00[min]
WGM6.............................  43[deg]15[min]      70[deg]00[min]
WGM4.............................  43[deg]15[min]      70[deg]15[min]
------------------------------------------------------------------------

    (ii) Cashes Ledge Habitat Closure Area. The restrictions specified 
in paragraph (h)(1) of this section apply to the Cashes Ledge Habitat 
Closure Area, which is the area defined by straight lines connecting 
the following points in the order stated:

                    Cashes Ledge Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CLH1.............................  43[deg]01[min]      69[deg]03[min]
CLH2.............................  43[deg]01[min]      68[deg]52[min]
CLH3.............................  42[deg]45[min]      68[deg]52[min]
CLH4.............................  42[deg]45[min]      69[deg]03[min]
CLH1.............................  43[deg]01[min]      69[deg]03[min]
------------------------------------------------------------------------

    (iii) Jeffrey's Bank Habitat Closure Area. The restrictions 
specified in paragraph (h)(1) of this section apply to the Jeffrey's 
Bank Habitat Closure Area, which is the area bound by straight lines 
connecting the following points in the order stated:

                   Jeffrey's Bank Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
JB1..............................  43[deg]40[min]      68[deg]50[min]
JB2..............................  43[deg]40[min]      68[deg]40[min]
JB3..............................  43[deg]20[min]      68[deg]40[min]
JB4..............................  43[deg]20[min]      68[deg]50[min]
JB1..............................  43[deg]40[min]      68[deg]50[min]
------------------------------------------------------------------------

    (iv) Closed Area I Habitat Closure Areas. The restrictions 
specified in paragraph (h)(1) of this section apply to the Closed Area 
I Habitat Closure Areas, Closed Area I-North and Closed Area I-South, 
which are the areas bound by straight lines connecting the following 
points in the order stated:

                Closed Area I--North Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CI1..............................  41[deg]30[min]      69[deg]23[min]
CI4..............................  41[deg]30[min]      68[deg]30[min]
CIH1.............................  41[deg]26[min]      68[deg]30[min]
CIH2.............................  41[deg]04[min]      69[deg]01[min]
CI1..............................  41[deg]30[min]      69[deg]23[min]
------------------------------------------------------------------------


                Closed Area I--South Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CIH3.............................  40[deg]55[min]      68[deg]53[min]
CIH4.............................  40[deg]58[min]      68[deg]30[min]
CI3..............................  40[deg]45[min]      68[deg]30[min]
CI2..............................  40[deg]45[min]      68[deg]45[min]
CIH3.............................  40[deg]55[min]      68[deg]53[min]
------------------------------------------------------------------------

    (v) Closed Area II Habitat Closure Area. The restrictions specified 
in paragraph (h)(1) of this section apply to the Closed Area II Habitat 
Closure Area (also referred to as the Habitat Area of Particular 
Concern), which is the area bound by straight lines connecting the 
following points in the order stated:

                   Closed Area II Habitat Closure Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
CIIH1............................  42[deg]00[min]      67[deg]20[min]
CIIH2............................  42[deg]00[min]      67[deg]00[min]
CIIH3............................  41[deg]40[min]      66[deg]43[min]
CIIH4............................  41[deg]40[min]      67[deg]20[min]
CIIH1............................  42[deg]00[min]      67[deg]20[min]
------------------------------------------------------------------------

    (vi) Nantucket Lightship Habitat Closure Area. The restrictions 
specified in paragraph (h)(1) of this section apply to the Nantucket 
Lightship Habitat Closure Area, which is the area bound by straight 
lines connecting the following points in the order stated:

                 Nantucket Lightship Habitat Closed Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
NLH1.............................  41[deg]10[min]      70[deg]00[min]
NLH2.............................  41[deg]10[min]      69[deg]50[min]
NLH3.............................  40[deg]50[min]      69[deg]30[min]
NLH4.............................  40[deg]20[min]      69[deg]30[min]
NLH5.............................  40[deg]20[min]      70[deg]00[min]
NLH1.............................  41[deg]10[min]      70[deg]00[min]
------------------------------------------------------------------------

    (2) [Reserved]
    (i) Transiting. A vessel may transit Closed Area I, the Nantucket 
Lightship Closed Area, the Cashes Ledge Closure Area, the Western GOM 
Closure Area, the GOM Rolling Closure Areas, the GB Seasonal Closure 
Area and the EFH Closure Areas, as defined in paragraphs (a)(1), 
(c)(1), (d)(1), (e)(1), (f)(1), (g)(1), and (h)(1), respectively, of 
this section, provided that its gear is stowed in

[[Page 22968]]

accordance with the provisions of Sec.  648.23(b).
    (j) Restricted Gear Area I. (1) Restricted Gear Area I is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 120
   69..........................  40[deg]07.9' N.      68[deg]36.0' W.
   70..........................  40[deg]07.2' N.      68[deg]38.4' W.
   71..........................  40[deg]06.9' N.      68[deg]46.5' W.
   73..........................  40[deg]08.1' N.      68[deg]51.0' W.
   74..........................  40[deg]05.7' N.      68[deg]52.4' W.
   75..........................  40[deg]03.6' N.      68[deg]57.2' W.
   76..........................  40[deg]03.65' N.     69[deg]00.0' W.
   77..........................  40[deg]04.35' N.     69[deg]00.5' W.
   78..........................  40[deg]05.2' N.      69[deg]00.5' W.
   79..........................  40[deg]05.3' N.      69[deg]01.1' W.
   80..........................  40[deg]08.9' N.      69[deg]01.75' W.
   81..........................  40[deg]11.0' N.      69[deg]03.8' W.
   82..........................  40[deg]11.6' N.      69[deg]05.4' W.
   83..........................  40[deg]10.25' N.     69[deg]04.4' W.
   84..........................  40[deg]09.75' N.     69[deg]04.15' W.
   85..........................  40[deg]08.45' N.     69[deg]03.6' W.
   86..........................  40[deg]05.65' N.     69[deg]03.55' W.
   87..........................  40[deg]04.1' N.      69[deg]03.9' W.
   88..........................  40[deg]02.65' N.     69[deg]05.6' W.
   89..........................  40[deg]02.00' N.     69[deg]08.35' W.
   90..........................  40[deg]02.65' N.     69[deg]11.15' W.
   91..........................  40[deg]00.05' N.     69[deg]14.6' W.
   92..........................  39[deg]57.8' N.      69[deg]20.35' W.
   93..........................  39[deg]56.65' N.     69[deg]24.4' W.
   94..........................  39[deg]56.1' N.      69[deg]26.35' W.
   95..........................  39[deg]56.55' N.     69[deg]34.1' W.
   96..........................  39[deg]57.85' N.     69[deg]35.5' W.
   97..........................  40[deg]00.65' N.     69[deg]36.5' W.
   98..........................  40[deg]00.9' N.      69[deg]37.3' W.
   99..........................  39[deg]59.15' N.     69[deg]37.3' W.
   100.........................  39[deg]58.8' N.      69[deg]38.45' W.
   102.........................  39[deg]56.2' N.      69[deg]40.2' W.
   103.........................  39[deg]55.75' N.     69[deg]41.4' W.
   104.........................  39[deg]56.7' N.      69[deg]53.6' W.
   105.........................  39[deg]57.55' N.     69[deg]54.05' W.
   106.........................  39[deg]57.4' N.      69[deg]55.9' W.
   107.........................  39[deg]56.9' N.      69[deg]57.45' W.
   108.........................  39[deg]58.25' N.     70[deg]03.0' W.
   110.........................  39[deg]59.2' N.      70[deg]04.9' W.
   111.........................  40[deg]00.7' N.      70[deg]08.7' W.
   112.........................  40[deg]03.75' N.     70[deg]10.15' W.
   115.........................  40[deg]05.2' N.      70[deg]10.9' W.
   116.........................  40[deg]02.45' N.     70[deg]14.1' W.
   119.........................  40[deg]02.75' N.     70[deg]16.1' W.
to 181
--------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 69
   120.........................  40[deg]06.4' N.      68[deg]35.8' W.
   121.........................  40[deg]05.25' N.     68[deg]39.3' W.
   122.........................  40[deg]05.4' N.      68[deg]44.5' W.
   123.........................  40[deg]06.0' N.      68[deg]46.5' W.
   124.........................  40[deg]07.4' N.      68[deg]49.6' W.
   125.........................  40[deg]05.55' N.     68[deg]49.8' W.
   126.........................  40[deg]03.9' N.      68[deg]51.7' W.
   127.........................  40[deg]02.25' N.     68[deg]55.4' W.
   128.........................  40[deg]02.6' N.      69[deg]00.0' W.
   129.........................  40[deg]02.75' N.     69[deg]00.75' W.
   130.........................  40[deg]04.2' N.      69[deg]01.75' W.
   131.........................  40[deg]06.15' N.     69[deg]01.95' W.
   132.........................  40[deg]07.25' N.     69[deg]02.0' W.
   133.........................  40[deg]08.5' N.      69[deg]02.25' W.
   134.........................  40[deg]09.2' N.      69[deg]02.95' W.
   135.........................  40[deg]09.75' N.     69[deg]03.3' W.
   136.........................  40[deg]09.55' N.     69[deg]03.85' W.
   137.........................  40[deg]08.4' N.      69[deg]03.4' W.
   138.........................  40[deg]07.2' N.      69[deg]03.3' W.
   139.........................  40[deg]06.0' N.      69[deg]03.1' W.
   140.........................  40[deg]05.4' N.      69[deg]03.05' W.
   141.........................  40[deg]04.8' N.      69[deg]03.05' W.
   142.........................  40[deg]03.55' N.     69[deg]03.55' W.
   143.........................  40[deg]01.9' N.      69[deg]03.95' W.
   144.........................  40[deg]01.0' N.      69[deg]04.4' W.
   146.........................  39[deg]59.9' N.      69[deg]06.25' W.
   147.........................  40[deg]00.6' N.      69[deg]10.05' W.
   148.........................  39[deg]59.25' N.     69[deg]11.15' W.
   149.........................  39[deg]57.45' N.     69[deg]16.05' W.
   150.........................  39[deg]56.1' N.      69[deg]20.1' W.
   151.........................  39[deg]54.6' N.      69[deg]25.65' W.
   152.........................  39[deg]54.65' N.     69[deg]26.9' W.
   153.........................  39[deg]54.8' W.      69[deg]30.95' W.
   154.........................  39[deg]54.35' N.     69[deg]33.4' W.
   155.........................  39[deg]55.0' N.      69[deg]34.9' W.
   156.........................  39[deg]56.55' N.     69[deg]36.0' W.
   157.........................  39[deg]57.95' N.     69[deg]36.45' W.
   158.........................  39[deg]58.75' N.     69[deg]36.3' W.
   159.........................  39[deg]58.8' N.      69[deg]36.95' W.
   160.........................  39[deg]57.95' N.     69[deg]38.1' W.
   161.........................  39[deg]54.5' N.      69[deg]38.25' W.
   162.........................  39[deg]53.6' N.      69[deg]46.5' W.
   163.........................  39[deg]54.7' N.      69[deg]50.0' W.
   164.........................  39[deg]55.25' N.     69[deg]51.4' W.
   165.........................  39[deg]55.2' N.      69[deg]53.1' W.
   166.........................  39[deg]54.85' N.     69[deg]53.9' W.
   167.........................  39[deg]55.7' N.      69[deg]54.9' W.
   168.........................  39[deg]56.15' N.     69[deg]55.35' W.
   169.........................  39[deg]56.05' N.     69[deg]56.25' W.
   170.........................  39[deg]55.3' N.      69[deg]57.1' W.
   171.........................  39[deg]54.8' N.      69[deg]58.6' W.
   172.........................  39[deg]56.05' N.     70[deg]00.65' W.
   173.........................  39[deg]55.3' N.      70[deg]02.95' W.
   174.........................  39[deg]56.9' N.      70[deg]11.3' W.
   175.........................  39[deg]58.9' N.      70[deg]11.5' W.
   176.........................  39[deg]59.6' N.      70[deg]11.1' W.
   177.........................  40[deg]01.35' N.     70[deg]11.2' W.
   178.........................  40[deg]02.6' N.      70[deg]12.0' W.
   179.........................  40[deg]00.4' N.      70[deg]12.3' W.
   180.........................  39[deg]59.75' N.     70[deg]13.05' W.
   181.........................  39[deg]59.3' N.      70[deg]14.0' W.
to 119
------------------------------------------------------------------------

    (2) Restricted Period--(i) Mobile gear. From October 1 through June 
15, no fishing vessel with mobile gear or person on a fishing vessel 
with mobile gear may fish or be in Restricted Gear Area I, unless 
transiting. Vessels may transit this area provided that mobile gear is 
on board the vessel while inside the area, provided that its gear is 
stowed in accordance with the provisions of Sec.  648.23(b).
    (ii) Lobster pot gear. From June 16 through September 30, no 
fishing vessel with lobster pot gear aboard, or person on a fishing 
vessel with lobster pot gear aboard may fish in, and no lobster pot 
gear may be deployed or remain in, Restricted Gear Area I.
    (k) Restricted Gear Area II. (1) Restricted Gear Area II is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 1
   49..........................  40[deg]02.75[min]    70[deg]16.1[min]
                                  N.                   W.
   50..........................  40[deg]00.7[min] N.  70[deg]18.6[min]
                                                       W.
   51..........................  39[deg]59.8[min] N.  70[deg]21.75[min]
                                                       W.
   52..........................  39[deg]59.75[min]    70[deg]25.5[min]
                                  N.                   W.
   53..........................  40[deg]03.85[min]    70[deg]28.75[min]
                                  N.                   W.
   54..........................  40[deg]00.55[min]    70[deg]32.1[min]
                                  N.                   W.
   55..........................  39[deg]59.15[min]    70[deg]34.45[min]
                                  N.                   W.
   56..........................  39[deg]58.9[min] N.  70[deg]38.65[min]
                                                       W.
   57..........................  40[deg]00.1[min] N.  70[deg]45.1[min]
                                                       W.
   58..........................  40[deg]00.5[min] N.  70[deg]57.6[min]
                                                       W.
   59..........................  40[deg]02.0[min] N.  71[deg]01.3[min]
                                                       W.
   60..........................  39[deg]59.3[min] N.  71[deg]18.4[min]
                                                       W.
   61..........................  40[deg]00.7[min] N.  71[deg]19.8[min]
                                                       W.
   62..........................  39[deg]57.5[min] N.  71[deg]20.6[min]
                                                       W.
   63..........................  39[deg]53.1[min] N.  71[deg]36.1[min]
                                                       W.
   64..........................  39[deg]52.6[min] N.  71[deg]40.35[min]
                                                       W.
   65..........................  39[deg]53.1[min] N.  71[deg]42.7[min]
                                                       W.
   66..........................  39[deg]46.95[min]    71[deg]49.0[min]
                                  N.                   W.
   67..........................  39[deg]41.15[min]    71[deg]57.1[min]
                                  N.                   W.
   68..........................  39[deg]35.45[min]    72[deg]02.0[min]
                                  N.                   W.
   69..........................  39[deg]32.65[min]    72[deg]06.1[min]
                                  N.                   W.
   70..........................  39[deg]29.75[min]    72[deg]09.8[min]
                                  N.                   W.
to 48
--------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 49
   1...........................  39[deg]59.3[min] N.  70[deg]14.0[min]
                                                       W.
   2...........................  39[deg]58.85[min]    70[deg]15.2[min]
                                  N.                   W.
   3...........................  39[deg]59.3[min] N.  70[deg]18.4[min]
                                                       W.
   4...........................  39[deg]58.1[min] N.  70[deg]19.4[min]
                                                       W.
   5...........................  39[deg]57.0[min] N.  70[deg]19.85[min]
                                                       W.
   6...........................  39[deg]57.55[min]    70[deg]21.25[min]
                                  N.                   W.
   7...........................  39[deg]57.5[min] N.  70[deg]22.8[min]
                                                       W.
   8...........................  39[deg]57.1[min] N.  70[deg]25.4[min]
                                                       W.
   9...........................  39[deg]57.65[min]    70[deg]27.05[min]
                                  N.                   W.
   10..........................  39[deg]58.58[min]    70[deg]27.7[min]
                                  N.                   W.
   11..........................  40[deg]00.65[min]    70[deg]28.8[min]
                                  N.                   W.
   12..........................  40[deg]02.2[min] N.  70[deg]29.15[min]
                                                       W.
   13..........................  40[deg]01.0[min] N.  70[deg]30.2[min]
                                                       W.
   14..........................  39[deg]58.58[min]    70[deg]31.85[min]
                                  N.                   W.
   15..........................  39[deg]57.05[min]    70[deg]34.35[min]
                                  N.                   W.
   16..........................  39[deg]56.42[min]    70[deg]36.8[min]
                                  N.                   W.
   21..........................  39[deg]58.15[min]    70[deg]48.0[min]
                                  N.                   W.
   24..........................  39[deg]58.3[min] N.  70[deg]51.1[min]
                                                       W.
   25..........................  39[deg]58.1[min] N.  70[deg]52.25[min]
                                                       W.
   26..........................  39[deg]58.05[min]    70[deg]53.55[min]
                                  N.                   W.
   27..........................  39[deg]58.4[min] N.  70[deg]59.6[min]
                                                       W.
   28..........................  39[deg]59.8[min] N.  71[deg]01.05[min]
                                                       W.
   29..........................  39[deg]58.2[min] N.  71[deg]05.85[min]
                                                       W.
   30..........................  39[deg]57.45[min]    71[deg]12.15[min]
                                  N.                   W.
   31..........................  39[deg]57.2[min] N.  71[deg]15.0[min]
                                                       W.
   32..........................  39[deg]56.3[min] N.  71[deg]18.95[min]
                                                       W.
   33..........................  39[deg]51.4[min] N.  71[deg]36.1[min]
                                                       W.
   34..........................  39[deg]51.75[min]    71[deg]41.5[min]
                                  N.                   W.
   35..........................  39[deg]50.05[min]    71[deg]42.5[min]
                                  N.                   W.
   36..........................  39[deg]50.0[min] N.  71[deg]45.0[min]
                                                       W.
   37..........................  39[deg]48.95[min]    71[deg]46.05[min]
                                  N.                   W.
   38..........................  39[deg]46.6[min] N.  71[deg]46.1[min]
                                                       W.
   39..........................  39[deg]43.5[min] N.  71[deg]49.4[min]
                                                       W.
   40..........................  39[deg]41.3[min] N.  71[deg]55.0[min]
                                                       W.
   41..........................  39[deg]39.0[min] N.  71[deg]55.6[min]
                                                       W.
   42..........................  39[deg]36.72[min]    71[deg]58.25[min]
                                  N.                   W.
   43..........................  39[deg]35.15[min]    71[deg]58.55[min]
                                  N.                   W.
   44..........................  39[deg]34.5[min] N.  72[deg]00.75[min]
                                                       W.
   45..........................  39[deg]32.2[min] N.  72[deg]02.25[min]
                                                       W.
   46..........................  39[deg]32.15[min]    72[deg]04.1[min]
                                  N.                   W.
   47..........................  39[deg]28.5[min] N.  72[deg]06.5[min]
                                                       W.
   48..........................  39[deg]29.0[min] N.  72[deg]09.25[min]
                                                       W.
to 70
------------------------------------------------------------------------


[[Page 22969]]

    (2) Restricted period--(i) Mobile gear. From November 27 through 
June 15, no fishing vessel with mobile gear aboard, or person on a 
fishing vessel with mobile gear aboard, may fish or be in Restricted 
Gear Area II, unless transiting. Vessels may transit this area, 
provided that all mobile gear is on board the vessel while inside the 
area, and stowed in accordance with the provisions of Sec.  648.23(b).
    (ii) Lobster pot gear. From June 16 through November 26, no fishing 
vessel with lobster pot gear aboard, or person on a fishing vessel with 
lobster pot gear aboard, may fish in, and no lobster pot gear may be 
deployed or remain in, Restricted Gear Area II.
    (l) Restricted Gear Area III. (1) Restricted Gear Area III is 
defined by straight lines connecting the following points in the order 
stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 49
   182.........................  40[deg]05.6' N.      70[deg]17.7' W.
   183.........................  40[deg]06.5' N.      70[deg]40.05' W.
   184.........................  40[deg]11.05' N.     70[deg]45.8' W.
   185.........................  40[deg]12.75' N.     70[deg]55.05' W.
   186.........................  40[deg]10.7' N.      71[deg]10.25' W.
   187.........................  39[deg]57.9' N.      71[deg]28.7' W.
   188.........................  39[deg]55.6' N.      71[deg]41.2' W.
   189.........................  39[deg]55.85' N.     71[deg]45.0' W.
   190.........................  39[deg]53.75' N.     71[deg]52.25' W.
   191.........................  39[deg]47.2' N.      72[deg]01.6' W.
   192.........................  39[deg]33.65' N.     72[deg]15.0' W.
to 70
--------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 182
   49..........................  40[deg]02.75' N.     70[deg]16.1' W.
   50..........................  40[deg]00.7' N.      70[deg]18.6' W.
   51..........................  39[deg]59.8' N.      70[deg]21.75' W.
   52..........................  39[deg]59.75' N.     70[deg]25.5' W.
   53..........................  40[deg]03.85' N.     70[deg]28.75' W.
   54..........................  40[deg]00.55' N.     70[deg]32.1' W.
   55..........................  39[deg]59.15' N.     70[deg]34.45' W.
   56..........................  39[deg]58.9' N.      70[deg]38.65' W.
   57..........................  40[deg]00.1' N.      70[deg]45.1' W.
   58..........................  40[deg]00.5' N.      70[deg]57.6' W.
   59..........................  40[deg]02.0' N.      71[deg]01.3' W.
   60..........................  39[deg]59.3' N.      71[deg]18.4' W.
   61..........................  40[deg]00.7' N.      71[deg]19.8' W.
   62..........................  39[deg]57.5' N.      71[deg]20.6' W.
   63..........................  39[deg]53.1' N.      71[deg]36.1' W.
   64..........................  39[deg]52.6' N.      71[deg]40.35' W.
   65..........................  39[deg]53.1' N.      71[deg]42.7' W.
   66..........................  39[deg]46.95' N.     71[deg]49.0' W.
   67..........................  39[deg]41.15' N.     71[deg]57.1' W.
   68..........................  39[deg]35.45' N.     72[deg]02.0' W.
   69..........................  39[deg]32.65' N.     72[deg]06.1' W.
   70..........................  39[deg]29.75' N.     72[deg]09.8' W.
to 192
------------------------------------------------------------------------

    (2) Restricted period--(i) Mobile gear. From June 16 through 
November 26, no fishing vessel with mobile gear aboard, or person on a 
fishing vessel with mobile gear aboard, may fish or be in Restricted 
Gear Area III, unless transiting. Vessels may transit this area 
provided that all mobile gear is on board the vessel while inside the 
area, and is stowed in accordance with the provisions of Sec.  
648.23(b).
    (ii) Lobster pot gear. From January 1 through April 30, no fishing 
vessel with lobster pot gear aboard, or person on a fishing vessel with 
lobster pot gear aboard, may fish in, and no lobster pot gear may be 
deployed or remain in, Restricted Gear Area III.
    (m) Restricted Gear Area IV. (1) Restricted Gear Area IV is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
193............................  40[deg]13.60' N.     68[deg]40.60' W.
  194..........................  40[deg]11.60' N.     68[deg]53.00' W.
  195..........................  40[deg]14.00' N.     69[deg]04.70' W.
  196..........................  40[deg]14.30' N.     69[deg]05.80' W.
  197..........................  40[deg]05.50' N.     69[deg]09.00' W.
  198..........................  39[deg]57.30' N.     69[deg]25.10' W.
  199..........................  40[deg]00.40' N.     69[deg]35.20' W.
  200..........................  40[deg]01.70' N.     69[deg]35.40' W.
  201..........................  40[deg]01.70' N.     69[deg]37.40' W.
  202..........................  40[deg]00.50' N.     69[deg]38.80' W.
  203..........................  40[deg]01.30' N.     69[deg]45.00' W.
  204..........................  40[deg]02.10' N.     69[deg]45.00' W.
  205..........................  40[deg]07.60' N.     70[deg]04.50' W.
  206..........................  40[deg]07.80' N.     70[deg]09.20' W.
to 119
--------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
  69...........................  40[deg]07.90' N.     68[deg]36.00' W.
  70...........................  40[deg]07.20' N.     68[deg]38.40' W.
  71...........................  40[deg]06.90' N.     68[deg]46.50' W.
  72...........................  40[deg]08.70' N.     68[deg]49.60' W.
  73...........................  40[deg]08.10' N.     68[deg]51.00' W.
  74...........................  40[deg]05.70' N.     68[deg]52.40' W.
  75...........................  40[deg]03.60' N.     68[deg]57.20' W.
  76...........................  40[deg]03.65' N.     69[deg]00.00' W.
  77...........................  40[deg]04.35' N.     69[deg]00.50' W.
  78...........................  40[deg]05.20' N.     69[deg]00.50' W.
  79...........................  40[deg]05.30' N.     69[deg]01.10' W.
  80...........................  40[deg]08.90' N.     69[deg]01.75' W.
  81...........................  40[deg]11.00' N.     69[deg]03.80' W.
  82...........................  40[deg]11.60' N.     69[deg]05.40' W.
  83...........................  40[deg]10.25' N.     69[deg]04.40' W.
  84...........................  40[deg]09.75' N.     69[deg]04.15' W.
  85...........................  40[deg]08.45' N.     69[deg]03.60' W.
  86...........................  40[deg]05.65' N.     69[deg]03.55' W.
  87...........................  40[deg]04.10' N.     69[deg]03.90' W.
  88...........................  40[deg]02.65' N.     69[deg]05.60' W.
  89...........................  40[deg]02.00' N.     69[deg]08.35' W.
  90...........................  40[deg]02.65' N.     69[deg]11.15' W.
  91...........................  40[deg]00.05' N.     69[deg]14.60' W.
  92...........................  39[deg]57.8' N.      69[deg]20.35' W.
  93...........................  39[deg]56.75' N.     69[deg]24.40' W.
  94...........................  39[deg]56.50' N.     69[deg]26.35' W.
  95...........................  39[deg]56.80' N.     69[deg]34.10' W.
  96...........................  39[deg]57.85' N.     69[deg]35.05' W.
  97...........................  40[deg]00.65' N.     69[deg]36.50' W.
  98...........................  40[deg]00.90' N.     69[deg]37.30' W.
  99...........................  39[deg]59.15' N.     69[deg]37.30' W.
  100..........................  39[deg]58.80' N.     69[deg]38.45' W.
  102..........................  39[deg]56.20' N.     69[deg]40.20' W.
  103..........................  39[deg]55.75' N.     69[deg]41.40' W.
  104..........................  39[deg]56.70' N.     69[deg]53.60' W.
  105..........................  39[deg]57.55' N.     69[deg]54.05' W.
  106..........................  39[deg]57.40' N.     69[deg]55.90' W.
  107..........................  39[deg]56.90' N.     69[deg]57.45' W.
  108..........................  39[deg]58.25' N.     70[deg]03.00' W.
  110..........................  39[deg]59.20' N.     70[deg]04.90' W.
  111..........................  40[deg]00.70' N.     70[deg]08.70' W.
  112..........................  40[deg]03.75' N.     70[deg]10.15' W.
  115..........................  40[deg]05.20' N.     70[deg]10.90' W.
  116..........................  40[deg]02.45' N.     70[deg]14.1' W.
  119..........................  40[deg]02.75' N.     70[deg]16.1' W.
to 206
------------------------------------------------------------------------

    (2) Restricted period--(i) Mobile gear. From June 16 through 
September 30, no fishing vessel with mobile gear aboard, or person on a 
fishing vessel with mobile gear aboard may fish or be in Restricted 
Gear Area IV, unless transiting. Vessels may transit this area, 
provided that all mobile gear is on board the vessel while inside the 
area, and is stowed in accordance with the provisions of Sec.  
648.23(b).
    (ii) [Reserved]

0
11. Section 648.82 is revised to read as follows:


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

    (a) Except as provided in Sec. Sec.  648.17 and 648.82(a)(2), a 
vessel issued a limited access NE multispecies permit may not fish for, 
possess, or land regulated species, except during a DAS, as allocated 
under, and in accordance with, the applicable DAS program described in 
this section, unless otherwise provided elsewhere in this part.
    (1) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History, as described in Sec.  
648.4(a)(1)(i)(J), for the entire fishing year preceding the carry-over 
year, limited access vessels that have unused DAS on the last day of 
April of any year may carry over a maximum of 10 DAS into the next 
year. Unused leased DAS may not be carried over. Vessels that have been 
sanctioned through enforcement proceedings will be credited with unused 
DAS based on their DAS allocation minus any total DAS that have been 
sanctioned through enforcement proceedings. For the 2004 fishing year 
only, DAS carried over from the 2003 fishing year will be classified as 
Regular B DAS, as specified under paragraph (d)(2) of this section. 
Beginning with the 2005 fishing year, for vessels with a balance of 
both unused Category A DAS and unused Category B DAS at the end of the 
previous fishing year (e.g., for the 2005 fishing year, carry-over DAS 
from the 2004 fishing year), Category A DAS will be carried over first, 
than Regular B

[[Page 22970]]

DAS, than Reserve B DAS. Category C DAS cannot be carried over.
    (2) Notwithstanding any other provision of this part, any vessel 
issued a NE multispecies limited access permit may not call into the 
DAS program or fish under a DAS, if such vessel carries passengers for 
hire for any portion of a fishing trip.
    (b) Permit categories. All limited access NE multispecies permit 
holders shall be assigned to one of the following permit categories, 
according to the criteria specified. 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 May 1, 2004, with the exception of the 
limited access Small Vessel and Handgear A vessel categories described 
in paragraphs (b)(5) and (6) of this section, respectively, NE 
multispecies DAS available for use will be calculated pursuant to 
paragraphs (c) and (d) of this section.
    (1) Individual DAS category. This category is for vessels allocated 
individual DAS that are not fishing under the Hook Gear, Combination, 
or Large-mesh individual categories. Beginning May 1, 2004, for a 
vessel fishing under the Individual DAS category, the baseline for 
determining the number of NE multispecies DAS available for use shall 
be calculated based upon the fishing history associated with the 
vessel's permit, as specified in paragraph (c)(1) of this section. The 
number and categories of DAS that are allocated for use in a given 
fishing year are specified in paragraph (d) of this section.
    (2) Hook Gear category. To be eligible for a Hook Gear category 
permit, the vessel must have been issued a limited access multispecies 
permit for the preceding year, be replacing a vessel that was issued a 
Hook Gear category permit for the preceding year, or be replacing a 
vessel that was issued a Hook Gear category permit that was issued a 
Confirmation of Permit History. Beginning May 1, 2004, for a vessel 
fishing under the Hook Gear category, the baseline for determining the 
number of NE multispecies DAS available for use shall be calculated 
based upon the fishing history associated with the vessel's permit, as 
specified in paragraph (c)(1) of this section. The number and 
categories of DAS that are allocated for use in a given fishing year 
are specified in paragraph (d) 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)(v), (a)(4)(v), 
(b)(2)(v) and (c)(2)(iv) when fishing in the respective regulated mesh 
areas.
    (3) Combination vessel category. To be eligible for a Combination 
vessel category permit, a vessel must have been issued a Combination 
vessel category permit for the preceding year, be replacing a vessel 
that was issued a Combination vessel category permit for the preceding 
year, or be replacing a vessel that was issued a Combination vessel 
category permit that was also issued a Confirmation of Permit History. 
Beginning May 1, 2004, for a vessel fishing under the Combination 
vessel category, the baseline for determining the number of NE 
multispecies DAS available for use shall be calculated based upon the 
fishing history associated with the vessel's permit, as specified in 
paragraph (c)(1) of this section. The number and categories of DAS that 
are allocated for use in a given fishing year are specified in 
paragraph (d) of this section.
    (4) Large Mesh Individual DAS category. This category is for 
vessels allocated individual DAS that area not fishing under the Hook 
Gear, Combination, or Individual DAS categories. Beginning May 1, 2004, 
for a vessel fishing under the Large Mesh Individual DAS category, the 
baseline for determining the number of NE multispecies DAS available 
for use shall be calculated based upon the fishing history associated 
with the vessel's permit, as specified in paragraph (c)(1) of this 
section. The number and categories of DAS that are allocated for use in 
a given fishing year are specified in paragraph (d) of this section. 
The number of Category A DAS shall be 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.
    (5) 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(g). Such 
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 the vessel meets or complies with the 
following:
    (A) 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.
    (B) If construction of the vessel was begun after May 1, 1994, the 
vessel must be constructed such that the quotient of the length overall 
divided by the beam is not less than 2.5.
    (C) 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 overall, 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.
    (D) 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.
    (ii) [Reserved]
    (6) Handgear A category. A vessel qualified and electing to fish 
under the Handgear A category, as described in Sec.  648.4(a)(1)(i)(A), 
may retain, per trip, up to 300 lb (136.1 kg) of cod, one Atlantic 
halibut, and the daily possession limit for other regulated species as 
specified under Sec.  648.86. The cod trip limit will be adjusted 
proportionally to the trip limit for GOM cod (rounded up to the nearest 
50 lb (22.7 kg)), as specified in Sec.  648.86(b)). For example if the 
GOM cod trip limit specified at Sec.  648.86(b) doubled, then the cod 
trip limit for the Handgear A category would double. Qualified vessels 
electing to fish under the Handgear A category are subject to the 
following restrictions:
    (i) The vessel must not use or possess on board gear other than 
handgear while in possession of, fishing for, or landing NE 
multispecies, and must have at least one standard tote on board.
    (ii) A vessel may not fish for, possess, or land regulated species 
from March 1 through March 20 of each year.
    (iii) Tub-trawls must be hand-hauled only, with a maximum of 250 
hooks.
    (c) Used DAS baseline--(1) Calculation of used DAS baseline. For 
all valid limited access NE multispecies DAS vessels, vessels issued a 
valid small vessel category permit, and NE multispecies Confirmation of 
Permit Histories, beginning with the 2004

[[Page 22971]]

fishing year, a vessel's used DAS baseline shall be based on the 
fishing history associated with its permit and shall be determined by 
the highest number of reported DAS fished during a single qualifying 
fishing year, as specified in paragraphs (c)(1)(i) through (iv) of this 
section, during the 6-year period from May 1, 1996, through April 30, 
2002, not to exceed the vessel's annual allocation prior to August 1, 
2002. A qualifying year is one in which a vessel landed 5,000 lb (2,268 
kg) or more of regulated multispecies, based upon landings reported 
through dealer reports (based on live weights of landings submitted to 
NMFS prior to April 30, 2003). If a vessel that was originally issued a 
limited access NE multispecies permit was lawfully replaced in 
accordance with the replacement restrictions specified in Sec.  
648.4(a), then the used DAS baseline shall be defined based upon the 
DAS used by the original vessel and by subsequent vessel(s) associated 
with the permit during the qualification period specified in this 
paragraph (c)(1). The used DAS baseline shall be used to calculate the 
number and category of DAS that are allocated for use in a given 
fishing year, as specified in paragraph (d) of this section.
    (i) Except as provided in paragraphs (c)(1)(ii) through (iv) of 
this section, the vessel's used DAS baseline shall be determined by 
calculating DAS use reported 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 determined by calculating DAS use from vessel trip reports 
submitted to NMFS prior to April 9, 2003.
    (iii) For a vessel enrolled in a Large Mesh DAS category, as 
specified in paragraph (b)(4) of this section, the calculation of the 
vessel's used DAS baseline may not include any DAS allocated or used by 
the vessel pursuant to the provisions of the Large Mesh DAS category.
    (iv) For vessels fishing under the Day gillnet designation, as 
specified under paragraph (j)(1) of this section, used DAS, for trips 
of more 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 more than 
15 hours, will be counted as actual time.
    (2) Correction of used DAS baseline. (i) A vessel's used DAS 
baseline, as determined under paragraph (c)(1) of this section, may be 
corrected 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, 2004. 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 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 by the Regional Administrator, the vessel is limited to 
fishing the number of DAS allocated in accordance with paragraph (d) of 
this section.
    (d) DAS categories and allocations. For all valid limited access NE 
multispecies DAS permits, and NE multispecies Confirmation of Permit 
Histories, beginning with the 2004 fishing year, DAS shall be allocated 
and available for use for a given fishing year according to the 
following DAS Categories (unless otherwise specified, ``NE multispecies 
DAS'' refers to any authorized category of DAS):
    (1) Category A DAS. Unless determined otherwise, as specified under 
paragraph (d)(4) of this section, calculation of Category A DAS for 
each fishing year is specified in paragraphs (d)(1)(i) through (iii) of 
this section. An additional 36 percent of Category A DAS will be added 
and available for use for participants in the Large Mesh Individual DAS 
permit category, as described in paragraph (b)(4) of this section, 
provided the participants comply with the applicable gear restrictions. 
Category A DAS may be used in the NE multispecies fishery to harvest 
and land regulated multispecies stocks, in accordance with all of the 
conditions and restrictions of this part.
    (i) For the 2004 and 2005 fishing years, Category A DAS are defined 
as 60 percent of the vessel's used DAS baseline specified under 
paragraph (c)(1) of this section.
    (ii) For the 2006 through 2008 fishing years, Category A DAS are 
defined as 55 percent of the vessel's used DAS baseline specified under 
paragraph (c)(1) of this section.
    (iii) Starting in fishing year 2009, Category A DAS are defined as 
45 percent of the vessel's used DAS baseline specified under paragraph 
(c)(1) of this section.
    (2) Category B DAS. Category B DAS are divided into Regular B DAS 
and Reserve B DAS. Calculation of Category B DAS for each fishing year, 
and restrictions on use of Category B DAS, are specified in paragraphs 
(d)(2)(i) and (ii) of this section.
    (i) Regular B DAS--(A) Restrictions on use. Beginning May 1, 2004, 
Regular B DAS can only be used in an approved SAP, as specified in 
Sec.  648.85.
    (B) Calculation. Unless determined otherwise, as specified under 
paragraph (d)(4) of this section, Regular B DAS are calculated as 
follows:
    (1) For the 2004 and 2005 fishing years, Regular B DAS are defined 
as 20 percent of the vessel's DAS baseline specified under paragraph 
(c)(1) of this section.
    (2) For the 2006 through 2008 fishing years, Regular B DAS are 
defined as 22.5 percent of the vessel's DAS baseline specified under 
paragraph (c)(1) of this section.
    (3) Starting in fishing year 2009, and thereafter, Regular B DAS 
are defined as 27.5 percent of the vessel's DAS baseline specified 
under paragraph (c)(1) of this section.
    (ii) Reserve B DAS--(A) Restrictions on use. Reserve B DAS can only 
be used in an approved SAP, as specified in Sec.  648.85.
    (B) Calculation. Unless determined otherwise, as specified under 
paragraph (d)(4) of this section, Reserve B DAS are calculated as 
follows:
    (1) For the 2004 and 2005 fishing years, Reserve B DAS are defined 
as 20 percent of the vessel's DAS baseline specified under paragraph 
(c)(1) of this section.
    (2) For the 2006 through 2008 fishing years, Reserve B DAS are 
defined as 22.5 percent of the vessel's DAS baseline specified under 
paragraph (c)(1) of this section.
    (3) Starting in fishing year 2009, and thereafter, Reserve B DAS 
are defined as 27.5 percent of the vessel's DAS baseline specified 
under paragraph (c)(1) of this section.
    (3) Category C DAS--(i) Restriction on use. Category C DAS are 
reserved and may not be fished.
    (ii) Calculation. Category C DAS are defined as the difference 
between a vessel's used DAS baseline, as described in paragraph (c)(1) 
of this section, and the number of DAS allocated to the vessel as of 
May 1, 2001.
    (4) Criteria and procedure for not reducing DAS allocations and 
modifying DAS accrual. The schedule of reductions in NE multispecies 
DAS, and the modification of DAS accrual

[[Page 22972]]

specified under paragraph (e)(2) of this section, shall not occur if 
the Regional Administrator:
    (i) Determines that one of the following criteria has been met:
    (A) That the Amendment 13 projected target biomass levels for 
stocks targeted by the default measures, based on the 2005 and 2008 
stock assessments, have been or are projected to be attained with at 
least a 50-percent probability in the 2006 and 2009 fishing years, 
respectively, and overfishing is not occurring on those stocks (i.e., 
current information indicates that the stocks are rebuilt and 
overfishing is not occurring); or
    (B) That biomass projections, based on the 2005 and 2008 stock 
assessments, show that rebuilding will occur by the end of the 
rebuilding period with at least a 50-percent probability, and the best 
available estimate of the fishing mortality rate for the stocks 
targeted by the default measures indicates that overfishing is not 
occurring (i.e., current information indicates that rebuilding will 
occur by the end of the rebuilding period and the fishing mortality 
rate is at or below Fmsy).
    (ii) Determines that all other stocks meet the fishing mortality 
rates specified in Amendment 13; and
    (iii) Publishes such determination in the Federal Register, 
consistent with Administrative Procedure Act requirements for proposed 
and final rulemaking.
    (e) Accrual of DAS. (1) DAS shall accrue to the nearest minute and, 
with the exceptions described under this paragraph (e) and paragraph 
(j)(1)(iii) of this section, will be counted as actual time called into 
the DAS program.
    (2) Starting in fishing year 2006, unless otherwise determined in 
accordance with paragraph (d)(4) of this section, for NE multispecies 
vessels fishing under a DAS in the SNE or MA Regulated Mesh Areas, as 
described in Sec.  648.80(b)(1) and (c)(1), respectively, the ratio of 
DAS used to time called into the DAS program will be 1.5 to 1.0.
    (f) Good Samaritan credit. See Sec.  648.53(f).
    (g) Spawning season restrictions. A vessel issued a valid Small 
Vessel or Handgear A category permit specified under paragraphs (b)(5) 
or (b)(6), respectively, of this section may not fish for, possess, or 
land regulated species from March 1 through March 20 of each year. Any 
other vessel issued a limited access NE multispecies permit must 
declare out and be out of the NE multispecies DAS program for a 20-day 
period between March 1 and May 31 of each calendar year, using the 
notification requirements specified in Sec.  648.10. A vessel fishing 
under a Day gillnet category designation is prohibited from fishing 
with gillnet gear capable of catching NE multispecies during its 
declared 20-day spawning block, unless the vessel is fishing in an 
exempted fishery, as described in Sec.  648.80. If a vessel owner has 
not declared and been out of the fishery for a 20-day period between 
March 1 and May 31 of each calendar year on or before May 12 of each 
year, the vessel is prohibited from fishing for, possessing or landing 
any regulated species or non-exempt species during the period May 12 
through May 31, inclusive.
    (h) Declaring DAS and blocks of time out. A vessel's owner or 
authorized representative shall notify the Regional Administrator of a 
vessel's participation in the DAS program, declaration of its 120 days 
out of the non-exempt gillnet fishery, if designated as a Day gillnet 
category vessel, as specified in paragraph (j)(1)(iii) of this section, 
and declaration of its 20-day period out of the NE multispecies DAS 
program, using the notification requirements specified in Sec.  648.10.
    (i) [Reserved]
    (j) Gillnet restrictions. Vessels issued a limited access NE 
multispecies permit may fish under a NE multispecies DAS with gillnet 
gear, provided the owner of the vessel obtains an annual designation as 
either a Day or Trip gillnet vessel, as described in Sec.  
648.4(c)(2)(iii), and provided the vessel complies with the gillnet 
vessel gear requirements and restrictions specified in Sec.  648.80.
    (1) Day gillnet vessels. A Day gillnet vessel fishing with gillnet 
gear under a NE 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 (j)(1)(i) through (iii) of this section. Vessels electing 
to fish under the Day gillnet designation must have on board written 
confirmation, issued by the Regional Administrator, that the vessel is 
a Day gillnet vessel.
    (i) Removal of gear. All gillnet gear must be brought to port prior 
to the vessel fishing in an exempted fishery.
    (ii) Declaration of time out of the gillnet fishery. (A) During 
each fishing year, vessels must declare, and take, a total of 120 days 
out of the non-exempt gillnet fishery. Each period of time declared and 
taken must be a minimum of 7 consecutive days. At least 21 days of this 
time must be taken between June 1 and September 30 of each fishing 
year. The spawning season time out period required by paragraph (g) of 
this section will be credited toward the 120 days time out of the non-
exempt gillnet fishery. If a vessel owner has not declared and taken 
any or all of the remaining periods of time required to be out of the 
fishery by the last possible date to meet these requirements, the 
vessel is prohibited from fishing for, possessing, or landing regulated 
multispecies or non-exempt species harvested with gillnet gear, and 
from having gillnet gear on board the vessel that is not stowed in 
accordance with Sec.  648.23(b), while fishing under a NE multispecies 
DAS, from that date through the end of the period between June 1 and 
September 30, or through the end of the fishing year, as applicable.
    (B) Vessels shall declare their periods of required time through 
the notification procedures specified in Sec.  648.10(f)(2).
    (C) During each period of time declared out, a vessel is prohibited 
from fishing with non-exempted gillnet gear and must remove such gear 
from the water. However, the vessel may fish in an exempted fishery, as 
described in Sec.  648.80, or it may fish under a NE multispecies DAS, 
provided it fishes with gear other than non-exempted gillnet gear.
    (iii) Method of counting DAS. Day gillnet vessels fishing with 
gillnet gear under a NE multispecies DAS will accrue 15 hours DAS for 
each trip of more than 3 hours, but less than or equal to 15 hours. 
Such vessels will accrue actual DAS time at sea for trips less than or 
equal to 3 hours, or more than 15 hours.
    (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). 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 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.
    (k) NE Multispecies DAS Leasing Program. (1) Program description. 
For fishing years 2004 and 2005, eligible vessels, as specified in 
paragraph (k)(2) of this section, may lease Category A DAS to and from 
other eligible vessels, in accordance with the restrictions and 
conditions of this section. The Regional Administrator has final 
approval authority for all NE multispecies DAS leasing requests.
    (2) Eligible vessels. (i) A vessel issued a valid limited access NE 
multispecies permit is eligible to lease Category A DAS to or from 
another such vessel,

[[Page 22973]]

subject to the conditions and requirements of this part, unless the 
vessel was issued a valid Small Vessel or Handgear A permit specified 
under paragraphs (b)(5) and (6) of this section, respectively, or is a 
valid participant in an approved Sector, as described in Sec.  
648.87(a). Any NE multispecies vessel that does not require use of DAS 
to fish for regulated multispecies may not lease any NE multispecies 
DAS.
    (ii) DAS associated with a Confirmation of Permit History may not 
be leased.
    (3) Application to lease NE multispecies DAS. To lease Category A 
DAS, the eligible Lessor and Lessee vessel must submit a completed 
application form obtained from the Regional Administrator. The 
application must be signed by both Lessor and Lessee and be submitted 
to the Regional Office at least 45 days before the date on which the 
applicants desire to have the leased DAS effective. The Regional 
Administrator will notify the applicants of any deficiency in the 
application pursuant to this section. Applications may be submitted at 
any time prior to the start of the fishing year or throughout the 
fishing year in question, up until March 1. Eligible vessel owners may 
submit any number of lease applications throughout the application 
period, but any DAS may only be leased once during a fishing year.
    (i) Application information requirements. An application to lease 
Category A DAS must contain the following information: Lessor's owner 
name, vessel name, permit number and official number or state 
registration number; Lessee's owner name, vessel name, permit number 
and official number or state registration number; number of NE 
multispecies DAS to be leased; total priced paid for leased DAS; 
signatures of Lessor and Lessee; and date form was completed. 
Information obtained from the lease application will be held 
confidential, according to applicable Federal law. Aggregate data may 
be used in the analysis of the DAS Leasing Program.
    (ii) Approval of lease application. Unless an application to lease 
Category A DAS is denied according to paragraph (k)(3)(iii) of this 
section, the Regional Administrator shall issue confirmation of 
application approval to both Lessor and Lessee within 45 days of 
receipt of an application.
    (iii) Denial of lease application. The Regional Administrator may 
deny an application to lease Category A DAS for any of the following 
reasons, including, but not limited to: The application is incomplete 
or submitted past the March 1 deadline; the Lessor or Lessee has not 
been issued a valid limited access NE multispecies permit or is 
otherwise not eligible; the Lessor's or Lessee's DAS are under sanction 
pursuant to an enforcement proceeding; the Lessor's or Lessee's vessel 
is prohibited from fishing; the Lessor's or Lessee's limited access NE 
multispecies permit is sanctioned pursuant to an enforcement 
proceeding; the Lessor or Lessee vessel is determined not in compliance 
with the conditions and restrictions of this part; or the Lessor has an 
insufficient number of allocated or unused DAS available to lease. Upon 
denial of an application to lease NE multispecies DAS, the Regional 
Administrator shall send a letter to the applicants describing the 
reason(s) for application rejection. The decision by the Regional 
Administrator is the final agency decision.
    (4) Conditions and restrictions on leased DAS--(i) Confirmation of 
Permit History. DAS associated with a confirmation of permit history 
may not be leased.
    (ii) Sub-leasing. In a fishing year, a Lessor or Lessee vessel may 
not sub-lease DAS that have already been leased to another vessel. Any 
portion of a vessel's DAS may not be leased more than one time during a 
fishing year.
    (iii) Carry-over of leased DAS. Leased DAS that remain unused at 
the end of the fishing year may not be carried over to the subsequent 
fishing year by the Lessor or Lessee vessel.
    (iv) Maximum number of DAS that can be leased. A Lessee may lease 
Category A DAS in an amount up to such vessel's 2001 fishing year 
allocation (excluding carry-over DAS from the previous year, or 
additional DAS associated with obtaining a Large Mesh permit). For 
example, if a vessel was allocated 88 DAS in the 2001 fishing year, 
that vessel may lease up to 88 Category A DAS. The total number of 
Category A DAS that the vessel could fish would be the sum of the 88 
leased DAS and the vessel's 2004 allocation of Category A DAS.
    (v) History of leased DAS use and landings. Unless otherwise 
specified in this paragraph (k)(4)(v), history of leased DAS use will 
be presumed to remain with the Lessor vessel. Landings resulting from a 
leased DAS will be presumed to remain with the Lessee vessel. For the 
purpose of accounting for leased DAS use, leased DAS will be accounted 
for (subtracted from available DAS) prior to allocated DAS. In the case 
of multiple leases to one vessel, history of leased DAS use will be 
presumed to remain with the Lessor in the order in which such leases 
were approved by NMFS.
    (vi) Monkfish Category C and D vessels. A vessel that possesses a 
valid limited access monkfish Category C or D permit and leases NE 
multispecies DAS to another vessel is subject to the restrictions 
specified in Sec.  648.92(b)(2).
    (vii) DAS Category restriction. A vessel may lease only Category A 
DAS, as described under paragraph (d)(1) of this section.
    (viii) Duration of lease. A vessel leasing DAS may only fish those 
leased DAS during the fishing year in which they were leased.
    (ix) Size restriction of Lessee vessel. A Lessor only may lease DAS 
to a Lessee vessel with a baseline main engine horsepower rating no 
greater than 20 percent of the baseline engine horsepower of the Lessor 
vessel. A Lessor vessel only may lease DAS to a Lessee vessel with a 
baseline length overall that is no greater than 10 percent of the 
baseline length overall of the Lessor vessel. For the purposes of this 
program, the baseline horsepower and length overall specifications of 
vessels are those associated with the permit as of January 29, 2004.
    (x) Leasing by vessels fishing under a Sector allocation. A vessel 
fishing under the restrictions and conditions of an approved Sector 
allocation, as specified in Sec.  648.87(b), may not lease DAS to or 
from vessels that are not participating in such Sector during the 
fishing year in which the vessel is a member of that Sector.
    (l) DAS Transfer Program. Except for vessels fishing under a Sector 
allocation, as specified in Sec.  648.87, a vessel issued a valid 
limited access NE multispecies permit may transfer all of its NE 
multispecies DAS for an indefinite time to another vessel with a valid 
NE multispecies permit, in accordance with the conditions and 
restrictions described under this section. The Regional Administrator 
has final approval authority for all NE multispecies DAS transfer 
requests.
    (1) DAS transfer conditions and restrictions. (i) The transferor 
vessel must transfer all of its DAS.
    (ii) NE multispecies DAS may be transferred only to a vessel with a 
baseline main engine horsepower rating that is no greater than 20 
percent of the baseline engine horsepower of the transferor vessel. NE 
multispecies DAS may be transferred only to a vessel with a baseline 
length overall or a baseline gross registered tonnage that is no 
greater than 10 percent of the baseline length overall or the baseline 
gross registered tonnage, respectively, of the transferor vessel. For 
the purposes of this program, the baseline horsepower, length overall, 
and gross registered

[[Page 22974]]

tonnage specifications are those associated with the permit as of 
January 29, 2004.
    (iii) The transferor vessel must forfeit all of its state and 
Federal fishing permits, and may not fish in any state or Federal 
commercial fishery.
    (iv) NE multispecies Category A and Category B DAS, as defined 
under paragraphs (d)(1) and (2) of this section, will be reduced by 40 
percent upon transfer.
    (v) Category C DAS, as defined under paragraph (d)(3) of this 
section, will be reduced by 90 percent upon transfer.
    (vi) NE multispecies DAS associated with a Confirmation of Permit 
History may not be transferred.
    (vii) Transfer by vessels fishing under a Sector allocation. A 
vessel fishing under the restrictions and conditions of an approved 
Sector allocation as specified under Sec.  648.87(b), may not transfer 
DAS to another vessel that is not participating in such Sector during 
the fishing year in which the vessel is a member of that Sector.
    (2) Application to transfer DAS. Owners of the vessels applying to 
transfer and receive DAS must submit a completed application form 
obtained from the Regional Administrator. The application must be 
signed by both seller/transferor and buyer/transferee of the DAS, and 
submitted to the Regional Office at least 45 days before the date on 
which the applicant desires to have the DAS effective on the buying 
vessel. The Regional Administrator will notify the applicants of any 
deficiency in the application pursuant to this section. Applications 
may be submitted at any time during the fishing year, up until March 1.
    (i) Application information requirements. An application to 
transfer NE multispecies DAS must contain the following information: 
Seller's/transferor's name, vessel name, permit number and official 
number or state registration number; buyer's/transferee's name, vessel 
name, permit number and official number or state registration number; 
total price paid for purchased DAS; signatures of seller and buyer; and 
date the form was completed. Information obtained from the transfer 
application will be held confidential, and will be used only in 
summarized form for management of the fishery. The application must be 
accompanied by verification, in writing, that the seller/transferor has 
requested cancellation of all state and Federal fishing permits from 
the appropriate agency or agencies.
    (ii) Approval of transfer application. Unless an application to 
transfer NE multispecies DAS is denied according to paragraph 
(l)(2)(iii) of this section, the Regional Administrator shall issue 
confirmation of application approval to both seller/transferor and 
buyer/transferee within 45 days of receipt of an application.
    (iii) Denial of transfer application. The Regional Administrator 
may reject an application to transfer NE multispecies DAS for the 
following reasons: The application is incomplete or submitted past the 
March 1 deadline; the seller/transferor or buyer/transferee does not 
possess a valid limited access NE multispecies permit; the seller's/
transferor's or buyer's/transferee's DAS is sanctioned, pursuant to an 
enforcement proceeding; the seller's/transferor's or buyer/transferee's 
vessel is prohibited from fishing; the seller's/transferor's or 
buyer's/transferee's limited access NE multispecies permit is 
sanctioned pursuant to enforcement proceedings; or the seller/
transferor has a DAS baseline of zero. Upon denial of an application to 
transfer NE multispecies DAS, the Regional Administrator shall send a 
letter to the applicants describing the reason(s) for application 
rejection. The decision by the Regional Administrator is the final 
agency decision and there is no opportunity to appeal the Regional 
Administrator's decision.

0
12. Section 648.83 is revised to read as follows:


Sec.  648.83  Multispecies minimum fish sizes.

    (a) Minimum fish sizes. (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)
------------------------------------------------------------------------

    (2) The minimum fish size applies to whole fish or to any part of a 
fish while possessed on board a vessel, except as provided in paragraph 
(b) of this section, and to whole, whole-gutted or gilled fish only, 
after landing. For purposes of determining compliance with the 
possession limits in Sec.  648.86, the weight of fillets and parts of 
fish, other than whole-gutted or gilled fish, will be multiplied by 3. 
Fish fillets, or parts of fish, must have skin on while possessed on 
board a vessel and at the time of landing in order to meet minimum size 
requirements. ``Skin on'' means the entire portion of the skin normally 
attached to the portion of the fish or to fish parts possessed is still 
attached.
    (b) Exceptions. (1) Each person aboard a vessel issued a NE 
multispecies limited access permit and fishing under the DAS program 
may possess up to 25 lb (11.3 kg) of fillets that measure less than the 
minimum size, if such fillets are from legal-sized fish and are not 
offered or intended for sale, trade, or barter. For purposes of 
determining compliance with the possession limits specified in Sec.  
648.86, the weight of fillets and parts of fish, other than whole-
gutted or gilled fish, will be multiplied by 3.
    (2) Recreational, party, and charter vessels may possess fillets 
less than the minimum size specified, if the fillets are taken from 
legal-sized fish and are not offered or intended for sale, trade or 
barter.
    (3) Vessels fishing exclusively with pot gear may possess NE 
multispecies frames used, or to be used, as bait, that measure less 
than the minimum fish size, if there is a receipt for purchase of those 
frames on board the vessel.
    (c) Adjustments. (1) At any time when information is available, the 
NEFMC will review the best available mesh selectivity information to 
determine the appropriate minimum size for the species listed in 
paragraph (a) of this section, except winter flounder, according to the 
length at which 25 percent of the regulated species would be retained 
by the applicable minimum mesh size.
    (2) Upon determination of the appropriate minimum sizes, the NEFMC 
shall propose the minimum fish sizes to be implemented following the 
procedures specified in Sec.  648.90.
    (3) Additional adjustments or changes to the minimum fish sizes 
specified in paragraph (a) of this section, and exemptions specified in 
paragraph (b) of this section, may be made at any time after 
implementation of the final rule as specified under Sec.  648.90.

0
13. Section 648.84 is revised to read as follows:


Sec.  648.84  Gear-marking requirements and gear restrictions.

    (a) Bottom-tending fixed gear, including, but not limited to, 
gillnets and longlines designed for, capable of,

[[Page 22975]]

or fishing for NE multispecies or monkfish, must have the name of the 
owner or vessel or the official number of that vessel permanently 
affixed to any buoys, gillnets, longlines, or other appropriate gear so 
that the name of the owner or vessel or the official number of the 
vessel is visible on the surface of the water.
    (b) Bottom-tending fixed gear, including, but not limited to 
gillnets or longline gear, must be marked so that the westernmost end 
(measuring the half compass circle from magnetic south through west to, 
and including, north) of the gear displays a standard 12-inch (30.5-cm) 
tetrahedral corner radar reflector and a pennant positioned on a staff 
at least 6 ft (1.8 m) above the buoy. The easternmost end (meaning the 
half compass circle from magnetic north through east to, and including, 
south) of the gear need display only the standard 12-inch (30.5-cm) 
tetrahedral radar reflector positioned in the same way.
    (c) Continuous gillnets must not exceed 6,600 ft (2,011.7 m) 
between the end buoys.
    (d) In the GOM and GB regulated mesh area specified in Sec.  
648.80(a), gillnet gear set in an irregular pattern or in any way that 
deviates more than 30[deg] from the original course of the set must be 
marked at the extremity of the deviation with an additional marker, 
which must display two or more visible streamers and may either be 
attached to or independent of the gear.

0
14. Section 648.85 is revised to read as follows:


Sec.  648.85  Special management programs.

    (a) U.S./Canada Resource Sharing Understanding. No NE multispecies 
fishing vessel, or person on such vessel, may enter, fish in, or be in 
the U.S./Canada Resource Sharing Understanding Management Areas (U.S./
Canada Management Areas), as defined in paragraph (a)(1) of this 
section, unless the vessel is fishing in accordance with the 
restrictions and conditions of this section.
    (1) U.S./Canada Management Areas. A NE multispecies DAS vessel that 
meets the requirements of paragraph (a)(3) of this section, may fish in 
the U.S./Canada Management Areas described in paragraphs (a)(1)(i) and 
(ii) of this section.
    (i) Western U.S./Canada Area. The Western U.S./Canada Area is the 
area defined by straight lines connecting the following points in the 
order stated (a chart depicting this area is available from the 
Regional Administrator upon request):

                        Western U.S./Canada Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
USCA 1...........................  42[deg] 20'         68[deg] 50'
USCA 2...........................  39[deg] 50'         68[deg] 50'
USCA 3...........................  39[deg] 50'         66[deg] 40'
USCA 4...........................  40[deg] 40'         66[deg] 40'
USCA 5...........................  40[deg] 40'         66[deg] 50'
USCA 6...........................  40[deg] 50'         66[deg] 50'
USCA 7...........................  40[deg] 50'         67[deg] 00'
USCA 8...........................  41[deg] 00'         67[deg] 00'
USCA 9...........................  41[deg] 00'         67[deg] 20'
USCA 10..........................  41[deg] 10'         67[deg] 20'
USCA 11..........................  41[deg] 10'         67[deg] 40'
USCA 12..........................  42[deg] 20'         67[deg] 40'
USCA 1...........................  42[deg] 20'         68[deg] 50'
------------------------------------------------------------------------

    (ii) Eastern U.S./Canada Area. The Eastern U.S./Canada Area is the 
area defined by straight lines connecting the following points in the 
order stated (a chart depicting this area is available from the 
Regional Administrator upon request):

                        Eastern U.S./Canada Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
USCA 12..........................  42[deg] 20'         67[deg] 40'
USCA 11..........................  41[deg] 10'         67[deg] 40'
USCA 10..........................  41[deg] 10'         67[deg] 20'
USCA 9...........................  41[deg] 00'         67[deg] 20'
USCA 8...........................  41[deg] 00'         67[deg] 00'
USCA 7...........................  41[deg] 50'         67[deg] 00'
USCA 6...........................  41[deg] 50'         66[deg] 50'
USCA 5...........................  41[deg] 40'         66[deg] 50'
USCA 4...........................  41[deg] 40'         66[deg] 40'
USCA 15..........................  41[deg] 30'         66[deg] 40'
USCA 14..........................  41[deg] 30'         65[deg] 44.3'
USCA 13..........................  42[deg] 20'         67[deg] 18.4'
USCA 12..........................  42[deg] 20'         67[deg] 40'
------------------------------------------------------------------------

    (2) TAC allocation. (i) Except for the 2004 fishing year, the 
amount of GB cod and haddock TAC that may be harvested from the Eastern 
U.S./Canada Area described in paragraph (a)(1)(ii) of this section, and 
the amount of GB yellowtail flounder TAC that may be harvested from the 
Western U.S./Canada Area and the Eastern U.S./Canada Area, as described 
in paragraphs (a)(1)(i) and (ii) of this section, combined, shall be 
determined by the process specified in paragraphs (a)(2)(i)(A) through 
(E) of this section.
    (A) By June 30 of each year, the Terms of Reference for the U.S./
Canada shared resources for GB cod, haddock and yellowtail flounder 
shall be established by the Steering Committee and the Transboundary 
Management Guidance Committee (TMGC).
    (B) By July 31 of each year, a Transboundary Resource Assessment 
Committee (TRAC) joint assessment of the U.S./Canada shared resources 
for GB cod, haddock and yellowtail flounder shall occur.
    (C) By August 31 of each year, the TMGC shall recommend TACs for 
the U.S./Canada shared resources for GB cod, haddock and yellowtail 
flounder. Prior to October 31 of each year, the Council may refer any 
or all recommended TACs back to the TMGC and request changes to any or 
all TACs. The TMGC shall consider such recommendations and respond to 
the Council prior to October 31.
    (D) By October 31 of each year, the Council shall review the TMGC 
recommended TACs for the U.S. portion of the U.S./Canada Management 
Area resources for GB cod, haddock and yellowtail flounder. Based on 
the TMGC recommendations, the Council shall recommend to the Regional 
Administrator the U.S. TACs for the shared stocks for the subsequent 
fishing year. If the recommendation of the Council is not consistent 
with the recommendation of the TMGC, the Regional Administrator may 
select either the recommendation of the TMGC, or the Council. NMFS 
shall review the Council's recommendations and shall publish in the 
Federal Register the proposed TACs and provide a 30-day public comment 
period. NMFS shall make a final determination concerning the TACs and 
will publish notification of the approved TACs and responses to public 
comments in the Federal Register. The Council, at this time, may also 
consider modification of management measures in order to ensure 
compliance with the U.S./Canada Resource Sharing Understanding. Any 
changes to management measures will be modified pursuant to Sec.  
648.90.
    (E) For fishing year 2004, the amount of GB cod, haddock and 
yellowtail flounder TAC that may be harvested under this section will 
be published in the preamble of the proposed and final rules for 
Amendment 13.
    (ii) Adjustments to TACs. Any overages of the GB cod, haddock, or 
yellowtail flounder TACs that occur in a given fishing year will be 
subtracted from the respective TAC in the following fishing year.
    (3) Requirements for vessels in U.S./Canada Management Areas. Any 
NE multispecies vessel may fish in the U.S./Canada Management Areas, 
provided it complies with conditions and restrictions of this section. 
Vessels other than NE multispecies vessels may fish in the U.S./Canada 
Management Area, subject to the restrictions specified in paragraph 
(a)(3)(iv)(E) of this section and all other applicable regulations for 
such vessels.
    (i) VMS requirement. A NE multispecies DAS vessel in the U.S./

[[Page 22976]]

Canada Management Areas described in paragraph (a)(1) of this section 
must have installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec. Sec.  648.9 and 648.10. 
The VMS unit will be polled at least twice per hour in the U.S./Canada 
Management Areas, when the vessel has declared into the U.S./Canada 
Management Areas under a groundfish DAS, as specified in paragraph 
(a)(3)(ii) of this section.
    (ii) Declaration. All NE multispecies DAS vessels that intend to 
fish in the U.S./Canada Management Area under a groundfish DAS must, 
prior to leaving the dock, declare the specific U.S./Canada Management 
Area described in paragraphs (a)(1)(i) or (ii) of this section, or the 
specific SAP, described in paragraph (b)(3) of this section, within the 
U.S./Canada Management Area, through the VMS, in accordance with 
instructions to be provided by the Regional Administrator. A vessel 
fishing under a NE multispecies DAS in the U.S./Canada Management Area 
may not fish, during that same trip, outside of the declared area, and 
may not enter or exit the declared area more than once per trip. 
Vessels other than NE multispecies DAS vessels are not required to 
declare into the U.S./Canada Management Areas. For the purposes of 
selecting vessels for observer deployment, a vessel fishing in either 
of the U.S./Canada Areas specified in paragraph (a)(1) of this section, 
must provide notice to NMFS of the vessel name, contact name for 
coordination of observer deployment, telephone number for contact, 
date, time and port of departure, at least 5 working days prior to the 
beginning of any trip which it declares into the U.S./Canada Area as 
required under this paragraph (a)(3)(ii).
    (iii) Gear requirements. NE multispecies vessels fishing with trawl 
gear in the Eastern U.S./Canada Area defined in paragraph (a)(1)(ii) of 
this section must fish with a haddock separator trawl or a flounder 
trawl net, as described in paragraphs (a)(3)(iii)(A) and (B) of this 
section (both nets may be onboard the fishing vessel simultaneously). 
No other type of fishing gear may be on the vessel during a trip to the 
Eastern U.S./Canada Area. The description of the haddock separator 
trawl and flounder trawl net in paragraph (a)(3)(iii) of this section 
may be further specified by the Regional Administrator through 
publication of such specifications in the Federal Register, consistent 
with the requirements of the Administrative Procedure Act.
    (A) Haddock Separator Trawl. A haddock separator trawl is defined 
as a groundfish trawl modified to a vertically oriented trouser trawl 
configuration, with two extensions arranged one over the other, where a 
codend shall be attached only to the upper extension, and the bottom 
extension shall be left open and have no codend attached. A horizontal 
large mesh separating panel constructed with a minimum of 6.0 inch 
(15.2 cm) diamond mesh must be installed between the selvedges joining 
the upper and lower panels, as described in paragraph (a)(3)(iii)(A) 
and (B) of this section, extending forward from the front of the 
trouser junction to the aft edge of the first belly behind the fishing 
circle.
    (1) Two-seam bottom trawl nets--For two seam nets, the separator 
panel will be constructed such that the width of the forward edge of 
the panel is 80--85 percent of the width of the after edge of the first 
belly of the net where the panel is attached. For example, if the belly 
is 200 meshes wide (from selvedge to selvedge), the separator panel 
must be no wider than 160-170 meshes wide.
    (2) Four-seam bottom trawl nets--For four seam nets, the separator 
panel will be constructed such that the width of the forward edge of 
the panel is 90-95 percent of the width of the after edge of the first 
belly of the net where the panel is attached. For example, if the belly 
is 200 meshes wide (from selvedge to selvedge), the separator panel 
must be no wider than 180-190 meshes wide. The separator panel will be 
attached to both of the side panels of the net along the midpoint of 
the side panels. For example, if the side panel is 100 meshes tall, the 
separator panel must be attached at the 50th mesh.
    (B) Flounder Trawl Net. A flounder trawl net is defined as bottom 
trawl gear meeting one of the following two net descriptions:
    (1) A two seam low-rise net constructed with mesh size in 
compliance with Sec.  648.80(a)(4) where the maximum footrope length is 
not greater than 105 ft (32.0 m) and the headrope is at least 30 
percent longer than the footrope. The footrope and headrope lengths 
shall be measured from the forward wing end, so that the vertical 
dimension of the forward wing end measures 3.0 ft (0.9 m) or less in 
height. Floats are prohibited in the center 50 percent of the headrope.
    (2) A two seam low-rise net constructed with mesh size in 
compliance with Sec.  648.80(a)(4) with the exception that the mesh 
size in the square of the top panel of the net, identified as the area 
located from the headrope to the beginning of the first belly, shall 
not be smaller than 12.0-in (30.5-cm) square mesh. The vertical 
dimension of the forward wing end may not measure more than 3.0 ft (0.9 
m) in height.
    (iv) Harvest controls. Vessels fishing in the U.S./Canada 
Management Areas are subject to the following restrictions, in addition 
to any other possession or landing limits applicable to vessels not 
fishing in the U.S./Canada Management Areas.
    (A) Cod landing limit restrictions. Notwithstanding other 
applicable possession and landing restrictions under this part, NE 
multispecies vessels fishing in the Eastern U.S./Canada Area described 
in paragraph (a)(1)(ii) of this section may not land more than 500 lb 
(226.8 kg) of cod per DAS, or any part of a DAS, up to 5,000 lb (2,268 
kg) per trip, not to exceed 5 percent of the total catch on board, 
whichever is less, unless otherwise restricted under this part.
    (1) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for cod specified in paragraph (a)(2) of this section will 
be harvested, NMFS shall, through rulemaking consistent with the 
Administrative Procedure Act, close the Eastern U.S./Canada Area as 
specified in paragraph (a)(3)(iv)(E) of this section and prohibit all 
vessels from harvesting, possessing, or landing cod in or from the 
Eastern U.S./Canada Area.
    (2) [Reserved]
    (B) Haddock landing limit--(1) Initial haddock landing limit. The 
initial haddock landing limit is specified in Sec.  648.86(a), unless 
adjusted pursuant to paragraph (a)(3)(iv)(B)(2) and (3) of this 
section.
    (2) Implementation of haddock landing limit for Eastern U.S./Canada 
Area. When the Regional Administrator projects that 70 percent of the 
TAC allocation for haddock specified under paragraph (a)(2) of this 
section will be harvested, NMFS shall implement, through rulemaking 
consistent with the Administrative Procedure Act, a haddock trip limit 
for vessels fishing in the Eastern U.S./Canada Area of 1,500 lb (680.4 
kg) per day, and 15,000 lb (6,804.1 kg) per trip.
    (3) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for haddock specified in paragraph (a)(2) of this section 
will be harvested, NMFS shall, through rulemaking consistent with the 
Administrative Procedure Act, close the Eastern U.S./Canada Area to 
groundfish DAS vessels as specified in paragraph (a)(3)(iv)(E) of this 
section and prohibit all vessels from harvesting,

[[Page 22977]]

possessing, or landing haddock in or from the Eastern U.S./Canada Area.
    (C) Yellowtail flounder landing limit--(1) Initial yellowtail 
flounder landing limit. The initial yellowtail flounder possession 
limit is specific to the CA II Yellowtail Flounder SAP as specified in 
paragraph (b)(3)(viii) if this section, unless adjusted pursuant to 
paragraph (a)(3)(iv)(C)(2) and (3) of this section.
    (2) Implementation of yellowtail flounder landing limit for Western 
and Eastern U.S./Canada Areas. When the Regional Administrator projects 
that 70 percent of the TAC allocation for yellowtail flounder specified 
under paragraph (a)(2) of this section will be harvested, NMFS shall 
impose and/or adjust, through rulemaking consistent with the 
Administrative Procedure Act, the yellowtail flounder trip limit for 
vessels fishing in both the Western U.S./Canada Area and the Eastern 
U.S./Canada Area to 1,500 lb (680.4 kg) per day, and 15,000 lb (6,804.1 
kg) per trip.
    (3) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for yellowtail flounder specified under paragraph (a)(2) of 
this section will be harvested, NMFS shall, through rulemaking 
consistent with the Administrative Procedure Act, close the Eastern 
U.S./Canada Area to groundfish DAS vessels as specified under paragraph 
(a)(3)(iv)(E) of this section and prohibit all vessels from harvesting, 
possessing, or landing yellowtail flounder from the U.S./Canada 
Management Area.
    (D) Other restrictions or in-season adjustments. In addition to the 
possession restrictions specified in paragraph (a)(3)(iv) of this 
section, when 30 percent and/or 60 percent of the TAC allocations 
specified under paragraph (a)(2) of this section are projected to be 
harvested, the Regional Administrator, through rulemaking consistent 
with the Administrative Procedure Act, may modify the gear 
requirements, modify or close access to the U.S./Canada Management 
Areas, increase or decrease the trip limits specified under paragraphs 
(a)(3)(iv)(A) through (C) of this section, or limit the total number of 
trips into the U.S./Canada Management Area, to prevent over-harvesting 
or under-harvesting the TAC allocations.
    (E) Closure of Eastern U.S./Canada Area. When the Regional 
Administrator projects that the TAC allocations specified under 
paragraph (a)(2) of this section will be caught, NMFS shall close, 
through rulemaking consistent with the Administrative Procedure Act, 
the Eastern U.S./Canada Area to all groundfish DAS vessels, unless 
otherwise allowed under this paragraph (a)(3)(iv)(E). Should the 
Eastern U.S./Canada Area close as described in this paragraph 
(a)(3)(iv)(E), groundfish DAS vessels may continue to fish in a SAP 
within the Eastern U.S./Canada Area, provided that the TAC for the 
target stock identified for that particular SAP has not been fully 
harvested. For example, should the TAC allocation for GB cod specified 
under paragraph (a)(2) of this section be attained, and the Eastern 
U.S./Canada Area closure implemented, vessels could continue to fish 
for yellowtail flounder within the SAP identified as the Closed Area II 
Yellowtail Flounder SAP, described in paragraph (b)(3) of this section, 
in accordance with the requirements of that program. Upon closure of 
the Eastern U.S./Canada Area, vessels may transit through this area as 
described in paragraph (a)(1)(ii) of this section, provided that its 
gear is stowed in accordance with the provisions of Sec.  648.23(b), 
unless otherwise restricted under this part.
    (v) Reporting. The owner or operator of an NE multispecies DAS 
vessel must submit reports through the VMS, in accordance with 
instructions to be provided by the Regional Administrator, for each day 
fished when declared into either of the U.S./Canada Management Areas. 
The reports must be submitted in 24-hr intervals for each day beginning 
at 0000 hours and ending at 2400 hours. The reports must be submitted 
by 0900 hours of the following day. For vessels that have declared into 
the Eastern U.S./Canada Area in accordance with paragraph (a)(3)(ii) of 
this section, the reports must include at least the following 
information: Total lb/kg of cod, haddock and yellowtail flounder kept 
and total lb of cod, haddock, and yellowtail flounder discarded. For 
vessels that have declared into the Western U.S./Canada Area in 
accordance with paragraph (a)(3)(ii) of this section, the reports must 
include at least the following information: Total lb/kg of yellowtail 
flounder kept and total lb of yellowtail flounder discarded.
    (vi) Withdrawal from U.S./Canada Resource Sharing Understanding. At 
any time, the Regional Administrator, in consultation with the Council, 
may withdraw from the provisions of the U.S./Canada Resource Sharing 
Understanding described in this section, if the Understanding is 
determined to be inconsistent with the goals and objectives of the FMP, 
the Magnuson-Stevens Act, or other applicable law. If the United States 
withdraws from the Understanding, the implementing measures, including 
TACs, remain in place until changed through the framework or FMP 
amendment process.
    (b) Special Access Programs. A SAP is a narrowly defined fishery 
that results in increased access to a stock that, in the absence of 
such authorization, would not be allowed due to broadly applied 
regulations. A SAP authorizes specific fisheries targeting either NE 
multispecies stocks or non-multispecies stocks in order to allow an 
increased yield of the target stock(s) without undermining the 
achievement of the goals of the NE Multispecies FMP. A SAP should 
result in a harvest level that more closely approaches OY, without 
compromising efforts to rebuild overfished stocks, end overfishing, 
minimize bycatch, or minimize impact on EFH. Development of a SAP 
requires a relatively high level of fishery dependent and fishery 
independent information in order to be consistent with this rationale.
    (1) SAPs harvesting NE multispecies. A SAP to harvest NE 
multispecies may be proposed by the Council and approved by NMFS 
through the framework process described under Sec.  648.90.
    (2) SAPs harvesting stocks other than NE multispecies. A SAP to 
harvest stocks of fish other than NE multispecies (non-multispecies 
SAP) may be proposed by the Council and approved by NMFS through the 
framework process described under Sec.  648.90.
    (3) Closed Area II Yellowtail Flounder SAP--(i) Eligibility. 
Vessels issued a valid limited access NE multispecies DAS permit are 
eligible to participate in the Closed Area II Yellowtail Flounder SAP, 
and may fish in the Closed Area II Yellowtail Flounder Access Area, as 
described in paragraph (b)(3)(ii) of this section, for the period 
specified in paragraph (b)(3)(iii) of this section, when fishing under 
an NE multispecies DAS, provided such vessels comply with the 
requirements of this section, and provided the Eastern U.S./Canada Area 
described in paragraph (a)(1)(ii) is not closed according to the 
provisions specified under paragraph (a)(1)(iv) of this section. Copies 
of a chart depicting this area are available from the Regional 
Administrator upon request.
    (ii) Closed Area II Yellowtail Flounder Access Area. The Closed 
Area II Yellowtail Flounder Access Area is the area defined by straight 
lines connecting the following points in the order stated:

[[Page 22978]]



             Closed Area II Yellowtail Flounder Access Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
Ytail 1..........................  41[deg]30'          67[deg]20'
Ytail 2..........................  41[deg]30'          66[deg]34.8'
G5...............................  41[deg]18.6'        66[deg]24.8' \1\
CII 2............................  41[deg]00'          66[deg]35.8'
CII 1............................  41[deg]00'          67[deg]20'
Ytail 1..........................  41[deg]30'          67[deg]20'
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.

    (iii) Season. Eligible vessels may fish in the Closed Area II 
Yellowtail Flounder SAP during the period June 1 through December 31.
    (iv) VMS requirement. All NE multispecies DAS vessels in the U.S./
Canada Management Areas described in paragraph (a)(1) of this section 
must have installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec. Sec.  648.9 and 648.10.
    (v) Declaration. For the purposes of selecting vessels for observer 
deployment, a vessel must provide notice to NMFS of the vessel name, 
contact name for coordination of observer deployment, telephone number 
for contact, date, time and port of departure, and special access 
program to be fished, at least 5 working days prior to the beginning of 
any trip which it declares into the Special Access Program as required 
under this paragraph (b)(3)(v). Prior to departure from port, a vessel 
intending to participate in the Closed Area II Yellowtail Flounder SAP 
must declare into this area through the VMS, in accordance with 
instructions provided by the Regional Administrator. In addition to 
fishing in the Closed Area II Yellowtail Flounder SAP, a vessel, on the 
same trip, may also declare its intent to fish in the area outside of 
the Closed Area II that resides within the Eastern U.S./Canada Area, as 
defined in paragraph (a)(1)(ii) of this section, provided the vessel 
fishes in this area under the most restrictive provisions of either the 
Closed Area II Yellowtail Flounder SAP, or the Eastern U.S./Canada 
Area.
    (vi) Number of trips per vessel. Unless otherwise authorized by the 
Regional Administrator as specified in paragraph (a)(3)(iv)(D) of this 
section, eligible vessels are restricted to two trips per month, during 
the season described in paragraph (b)(3)(iii) of this section.
    (vii) Maximum number of trips. Unless otherwise authorized by the 
Regional Administrator as specified in paragraph (a)(3)(iv)(D) of this 
section, the total number of trips by all vessels combined that may be 
declared into the Closed Area II Yellowtail Flounder SAP is 320 trips 
per fishing year.
    (viii) Trip limits. Unless otherwise authorized by the Regional 
Administrator as specified in paragraph (a)(3)(iv)(D) of this section, 
a vessel fishing in the Closed Area II Yellowtail Flounder SAP may fish 
for, possess and land up to 30,000 lb (13,608.2 kg) of yellowtail 
flounder per trip, and may not possess more than one-fifth of the daily 
cod possession limit specified for the Eastern U.S./Canada Area under 
paragraph (a)(3)(iv)(A) of this section.
    (ix) Area fished. Eligible vessels that have declared a trip into 
the Closed Area II Yellowtail Flounder SAP, and other areas as 
specified under paragraph (b)(3)(v) of this section, may not fish, 
during the same trip, outside of the declared area, and may not enter 
or exit the area more than once per trip.
    (x) Gear requirements. Vessels fishing with trawl gear under an NE 
multispecies DAS in the U.S./Canada Management Areas defined in 
paragraph (a)(1) of this section, may not fish with, or possess on 
board, any fishing gear other than a haddock separator trawl or 
flounder trawl net (both nets may be onboard the fishing vessel 
simultaneously).
    (4) SNE/MA Winter Flounder SAP. A limited access NE multispecies 
vessel fishing for summer flounder west of 72o 30' W. lat., using mesh 
required under Sec.  648.104(a), may retain and land up to 200 lb (90.7 
kg) of winter flounder while not under an NE multispecies DAS, provided 
the vessel complies with the following restrictions:
    (i) The vessel must possess a valid summer flounder permit as 
required under Sec.  648.4(a)(3), and be in compliance with the 
restrictions of subpart G of this part;
    (ii) The total amount of winter flounder on board must not exceed 
the amount of summer flounder on board;
    (iii) The vessel must not be fishing under an NE multispecies DAS; 
and
    (iv) Fishing for, retention, and possession of regulated species 
other than winter flounder is prohibited.

0
15. Section 648.86 is revised to read as follows:


Sec.  648.86  Multispecies possession restrictions.

    Except as provided in Sec.  648.17, the following possession 
restrictions apply:
    (a) Haddock-- (1) NE multispecies DAS vessels. (i) From May 1 
through September 30, except as provided in paragraph (a)(1)(iii) of 
this section, or unless otherwise restricted under Sec.  648.85, a 
vessel that fishes under an NE multispecies DAS may land up to 3,000 lb 
(1,360.8 kg) of haddock per DAS fished, or any part of a DAS fished, up 
to 30,000 lb (13,608 kg) per trip, provided it has at least one 
standard tote on board. Haddock 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) From October 1 through April 30, except as provided in 
paragraph (a)(1)(iii) of this section, or unless otherwise restricted 
under Sec.  648.85, a vessel that fishes under an NE multispecies DAS 
may land up to 5,000 lb (2,268 kg) of haddock per DAS fished, or any 
part of a DAS fished, up to 50,000 lb (22,680 kg) per trip, provided it 
has at least one standard tote on board. Haddock 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.
    (iii) Adjustments--(A) Adjustment to the haddock trip limit to 
prevent exceeding the target TAC. At any time during the fishing year, 
if the Regional Administrator projects that the target TAC for haddock 
will be exceeded, NMFS may adjust, through publication of a 
notification in the Federal Register, the trip limit per DAS and/or the 
maximum trip limit to an amount that the Regional Administrator 
determines will prevent exceeding the target TAC.
    (B) Adjustment of the haddock trip limit to allow harvesting of up 
to 75 percent of the target TAC. At any time during the fishing year, 
if the Regional Administrator projects that less than 75 percent of the 
target TAC for haddock will be harvested by the end of the fishing 
year, NMFS may adjust or eliminate, through publication of a 
notification in the Federal Register, the trip limit per DAS and/or the 
maximum trip limit to an amount, including elimination of the per day 
and/or per trip limit, that is determined to be sufficient to allow 
harvesting of at least 75 percent of the target TAC, but not to exceed 
the target TAC.
    (2) Scallop dredge vessels. (i) No person owning or operating a 
scallop dredge vessel issued a NE multispecies permit may land haddock 
from, or possess haddock on board, a scallop dredge vessel from January 
1 through June 30.
    (ii) No person owning or operating a scallop dredge vessel without 
an NE multispecies permit may possess haddock in, or harvested from, 
the EEZ from January 1 through June 30.
    (iii) Unless otherwise authorized by the Regional Administrator as 
specified in paragraph (f) of this section, scallop dredge vessels or 
persons owning or operating a scallop dredge vessel that is

[[Page 22979]]

fishing under a scallop DAS allocated under Sec.  648.53 may land or 
possess on board up to 300 lb (136.1 kg) of haddock, except as 
specified in Sec.  648.88(c), provided that the vessel has at least one 
standard tote on board. This restriction does not apply to vessels 
issued NE multispecies Combination Vessel permits that are fishing 
under a multispecies DAS. Haddock 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) Cod-- (1) GOM cod landing limit. (i) Except as provided in 
paragraphs (b)(1)(ii) and (b)(4) of this section, or unless otherwise 
restricted under Sec.  648.85, a vessel fishing under a NE multispecies 
DAS may land only up to 800 lb (362.9 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 800 lb (362.9 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 800 lb (362.9 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, 1,600 lb (725.7 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 800 
lb (362.9 kg) of cod for that trip, provided the vessel complies with 
the provisions of paragraph (b)(1)(ii) of this section. 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 that has been called into only part of an additional 
24-hr block may come into port with and offload cod up to an additional 
800 lb (362.9 kg), provided that 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 1,600 lb 
(725.6 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) GB cod landing and maximum possession limits. (i) Unless as 
provided under Sec.  648.85, or under the provisions of paragraph 
(b)(2)(iii) of this section for vessels fishing with hook gear, 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 1,000 lb (453.6 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 1,000 lb (453.6 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 1,000 lb (453.6 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 10,000 lb (4536 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 2,000 lb (907.2 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 
1,000 lb (453.6 kg) of cod for that trip of cod for that trip provided 
the vessel complies with paragraph (b)(2)(ii) of this section. 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 that has been called into only part of an additional 
24 hr block, may come into port with and offload cod up to an 
additional 1,000 lb (453.6 kg), provided that 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 2,000 lb (907.2 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).
    (iii) [Reserved]
    (3) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraphs (b)(1) and (2) of this section, and that 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.
    (4) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (b)(1) of this 
section when fishing south of a line beginning at the Cape Cod, MA, 
coastline at 42[deg]00' N. lat. and running eastward along 42[deg]00' 
N. lat. until it intersects with 69[deg]30' W. long., then northward 
along 69[deg]30' W. long. until it intersects with 42[deg]20' N. lat., 
then eastward along 42[deg]20' N. lat. until it intersects with 
67[deg]20' W. long., then northward along 67[deg]20' W. long. until it 
intersects with the U.S.-Canada maritime boundary, provided that it 
does not fish north of this exemption area for a minimum of 7 
consecutive days (when fishing under the multispecies DAS program), and 
has on board an authorization letter issued by the Regional 
Administrator. Vessels exempt from the landing limit requirement may 
transit the GOM/GB Regulated Mesh Area north of this exemption area, 
provided that their gear is stowed in accordance with one of the 
provisions of Sec.  648.23(b).
    (c) Atlantic halibut. A vessel issued a NE multispecies permit 
under Sec.  648.4(a)(1) may land or possess on board no more than one 
Atlantic halibut per trip, provided the vessel complies with other 
applicable provisions of this part.
    (d) Small-mesh multispecies. (1) Vessels issued a valid Federal NE 
multispecies permit specified in Sec.  648.4(a)(1) are subject to the 
following possession limits for small-mesh multispecies, which are 
based on the mesh size used by, or on board, vessels fishing for, in 
possession of, or landing small-mesh multispecies.
    (i) Vessels using mesh size smaller than 2.5 inches (6.35 cm) and 
vessels without a letter of authorization. Owners or operators of 
vessels fishing for, in possession of, or landing small-mesh 
multispecies with, or having on board except as provided in this 
section, nets of mesh size smaller than 2.5 inches (6.35 cm) (as 
applied to the part of the net specified in paragraph

[[Page 22980]]

(d)(1)(iv) of this section), and vessels that have not been issued a 
letter of authorization pursuant to paragraphs (d)(1)(ii) or (iii) of 
this section, may possess on board and land up to 3,500 lb (1,588 kg) 
of combined silver hake and offshore hake. This possession limit on 
small-mesh multispecies does not apply if all nets with mesh size 
smaller than 2.5 inches (6.35 cm) have not been used to catch fish for 
the entire fishing trip and the nets have been properly stowed pursuant 
to Sec.  648.23(b), and the vessel is fishing with a mesh size and a 
letter of authorization as specified in paragraphs (d)(1)(ii), 
(d)(1)(iii), and (d)(2) of this section. 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. The vessel is subject to applicable restrictions on gear, 
area, and time of fishing specified in Sec.  648.80 and any other 
applicable provision of this part.
    (ii) Vessels authorized to use nets of mesh size 2.5 inches (6.35 
cm) or greater. Except as provided in paragraph (d)(3) of this section, 
owners and operators of vessels issued a valid letter of authorization 
pursuant to paragraph (d)(2) of this section authorizing the use of 
nets of mesh size 2.5 inches (6.35 cm) or greater, may fish for, 
possess, and land small-mesh multispecies up to 7,500 lb (3,402 kg) of 
combined silver hake and offshore hake when fishing with nets of a 
minimum mesh size of 2.5 inches (6.35 cm) (as applied to the part of 
the net specified in paragraph (d)(1)(iv) of this section), provided 
that any nets of mesh size smaller than 2.5 inches (6.35 cm) have not 
been used to catch such fish and are properly stowed pursuant to Sec.  
648.23(b) for the entire trip. 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. The vessel is subject to applicable restrictions on gear, 
area, and time of fishing specified in Sec.  648.80 and any other 
applicable provision of this part.
    (iii) Vessels authorized to use nets of mesh size 3 inches (7.62 
cm) or greater. Except as provided in paragraph (d)(3) of this section, 
owners and operators of vessels issued a valid letter of authorization 
pursuant to paragraph (d)(2) of this section authorizing the use of 
nets of mesh size 3 inches (7.62 cm) or greater, may fish for, possess, 
and land small-mesh multispecies up to only 30,000 lb (13,608 kg) 
combined silver hake and offshore hake when fishing with nets of a 
minimum mesh size of 3 inches (7.62 cm) (as applied to the part of the 
net specified in paragraph (d)(1)(iv) of this section), provided that 
any nets of mesh size smaller than 3 inches (7.62 cm) have not been 
used to catch such fish and are properly stowed pursuant to Sec.  
648.23(b) for the entire trip. 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. The vessel is subject to applicable restrictions on gear, 
area, and time of fishing specified in Sec.  648.80 and any other 
applicable provision of this part.
    (iv) Application of mesh size. Counting from the terminus of the 
net, the mesh size restrictions specified in paragraphs (d)(1)(i), 
(ii), and (iii) of this section are only applicable 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 to the first 50 meshes (100 bars in the 
case of square mesh) for vessels 60 ft (18.3 m) or less in length. 
Notwithstanding any other provision of this section, the restrictions 
and conditions pertaining to mesh size do not apply to nets or pieces 
of net smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)).
    (2) Possession limit for vessels participating in the northern 
shrimp fishery. Owners and operators of vessels participating in the 
Small-Mesh Northern Shrimp Fishery Exemption, as described in Sec.  
648.80(a)(5), with a vessel issued a valid Federal NE multispecies 
permit specified under Sec.  648.4(a)(1), may possess and land silver 
hake and offshore hake, combined, up to an amount equal to the weight 
of shrimp on board, not to exceed 3,500 lb (1,588 kg). Silver hake and 
offshore hake on board a vessel subject to this possession limit must 
be separated from other species of fish and stored so as to be readily 
available for inspection.
    (3) Possession restriction for vessels electing to transfer small-
mesh NE multispecies at sea. Owners and operators of vessels issued a 
valid Federal NE multispecies permit and issued a letter of 
authorization to transfer small-mesh NE multispecies at sea according 
to the provisions specified in Sec.  648.13(b) are subject to a 
combined silver hake and offshore hake possession limit that is 500 lb 
(226.8 kg) less than the possession limit the vessel otherwise 
receives. This deduction shall be noted on the transferring vessel's 
letter of authorization from the Regional Administrator.
    (e) [Reserved]
    (f) Calculation of weight of fillets or parts of fish. The 
possession limits described under this part are based on the weight of 
whole, whole-gutted, or gilled fish. For purposes of determining 
compliance with the possession limits specified in paragraphs (a), (b), 
or (c) of this section, the weight of fillets and parts of fish, other 
than whole-gutted or gilled fish, as allowed under Sec.  648.83(a) and 
(b), will be multiplied by 3.
    (g) Yellowtail flounder--(1) Cape Cod/GOM yellowtail flounder 
possession limit restrictions. Except when fishing under the 
recreational and charter/party restrictions specified under Sec.  
648.89, unless otherwise restricted as specified in Sec. Sec.  
648.82(b)(5), and 648.88(c), a qualified vessel issued a NE 
multispecies permit and fishing with a limited access Handgear A 
permit, under a NE multispecies DAS, or under a monkfish DAS when 
fishing under the limited access monkfish Category C or D permit 
provisions, may fish for, possess and land yellowtail flounder in or 
from the Cape Cod/GOM Yellowtail Flounder Area described in paragraph 
(g)(1)(i) of this section, subject to the requirements and trip limits 
specified in paragraph (g)(1)(ii) of this section.
    (i) Cape Cod/GOM Yellowtail Flounder Area. The Cape Cod/GOM 
Yellowtail Flounder Area (copies of a chart depicting the area is 
available from the Regional Administrator upon request), is the area 
defined by straight lines connecting the following points in the order 
stated:

                  Cape Cod/GOM Yellowtail Flounder Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
SYT13............................  (\1\)               70[deg] 00[min]
SYT12............................  41[deg] 20[min]     70[deg] 00[min]
SYT11............................  41[deg] 20[min]     69[deg] 50[min]
SYT10............................  41[deg] 10[min]     69[deg] 50[min]
SYT9.............................  41[deg] 10[min]     69[deg] 30[min]
SYT8.............................  41[deg] 00[min]     69[deg] 30[min]
SYT7.............................  41[deg] 00[min]     68[deg] 50[min]
USCA1............................  42[deg] 20[min]     68[deg] 50[min]
USCA12...........................  42[deg] 20[min]     67[deg] 40[min]
NYT1.............................  43[deg] 50[min]     67[deg] 40[min]
NYT2.............................  43[deg] 50[min]     66[deg] 50[min]
NYT3.............................  44[deg] 20[min]     66[deg] 50[min]
NYT4.............................  44[deg] 20[min]     67[deg] 00[min]
NYT5.............................  (\2\)               67[deg] 00[min]
------------------------------------------------------------------------
\1\ South facing shoreline of Cape Cod, MA.
\2\ East facing shoreline of Maine.

    (ii) Requirements. Vessels fishing in the Cape Cod/GOM Yellowtail 
Flounder Area are bound by the following requirements:
    (A) The vessel must possess on board a yellowtail flounder 
possession/landing authorization letter issued by the Regional 
Administrator. To obtain this exemption letter the vessel owner must 
make a request in writing to the Regional Administrator.

[[Page 22981]]

    (B) The vessel may not fish inside the SNE/MA Yellowtail Flounder 
Area, for a minimum of 7 consecutive days (when fishing with a limited 
access Handgear A permit, under the NE multispecies DAS program, or 
under the monkfish DAS program if the vessels is fishing under the 
limited access monkfish Category C or D permit provisions), unless 
otherwise specified in paragraph (g)(3) of this section. Vessels 
subject to these restrictions may fish any portion of a trip in the 
portion of the GB, SNE, and MA Regulated Mesh Areas outside of the SNE/
MA Yellowtail Flounder Area, provided the vessel complies with the 
possession restrictions specified under this paragraph (g). Vessels 
subject to these restrictions may transit the SNE/MA Yellowtail 
Flounder Area, provided the gear is stowed in accordance with Sec.  
648.23(b).
    (C) During the periods April through May, and October through 
November, the vessel may land or possess on board only up to 250 lb 
(113.6 kg) of yellowtail flounder per trip.
    (D) During the periods June through September, and December through 
March, the vessel may land or possess on board only up to 750 lb (340.2 
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.
    (2) SNE/MA yellowtail flounder possession limit restrictions. 
Except when fishing under the recreational and charter/party 
restrictions specified in Sec.  648.89, unless otherwise restricted as 
specified in Sec.  648.82(b)(3) and (b)(5), and Sec.  648.88(c), a 
vessel issued a NE multispecies permit and fishing with a limited 
access Handgear A permit, under a NE multispecies DAS, or under a 
monkfish DAS when fishing under the limited access monkfish Category C 
or D permit provisions, in the SNE/MA Yellowtail Flounder Area, 
described in paragraph (g)(2)(i) of this section, is subject to the 
requirements and trip limits specified in paragraph (g)(2)(ii) of this 
section, in order to fish for, possess, or land yellowtail flounder.
    (i) SNE/MA Yellowtail Flounder Area. The SNE/MA Yellowtail Flounder 
Area (copies of a chart depicting the area is available from the 
Regional Administrator upon request), is the area defined by straight 
lines connecting the following points in the order stated:

                SNE/Mid-Atlantic Yellowtail Flounder Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
SYT1.............................  38[deg]00'          (\1\)
SY2..............................  38[deg]00'          72[deg]00'
SY3..............................  39[deg]00'          72[deg]00'
SY4..............................  39[deg]00'          71[deg]40'
SY5..............................  39[deg]50'          71[deg]40'
USCA2............................  39[deg]50'          68[deg]50'
SYT7.............................  41[deg]00'          68[deg]50'
SYT8.............................  41[deg]00'          69[deg]30'
SYT9.............................  41[deg]10'          69[deg]30'
SYT10............................  41[deg]10'          69[deg]50'
SYT11............................  41[deg]20'          69[deg]50'
SYT12............................  41[deg]20'          70[deg]00'
SYT13............................  (\2\)               70[deg]00'
------------------------------------------------------------------------
\1\ East facing shoreline of Virginia.
\2\ South facing shoreline of Cape Cod, MA.

    (ii) Requirements. Vessels fishing in the SNE/MA Yellowtail 
Flounder Area are bound by the following requirements:
    (A) The vessel must possess on board a yellowtail flounder 
possession/landing authorization letter issued by the Regional 
Administrator. To obtain this exemption letter the vessel owner must 
make a request in writing to the Regional Administrator.
    (B) The vessel may not fish in the Cape Cod/GOM Yellowtail Flounder 
Area for a minimum of 7 consecutive days (when fishing with a limited 
access Handgear A permit, under the NE multispecies DAS program, or 
under the monkfish DAS program if the vessels is fishing under the 
limited access monkfish Category C or D permit provisions), unless 
otherwise specified in paragraph (g)(3) of this section. Vessels 
subject to these restrictions may fish any portion of the GB, SNE, and 
MA Regulated Mesh Areas outside of the Cape Cod/GOM Yellowtail Flounder 
Area, provided the vessel complies with the possession restrictions 
specified under this paragraph (g). Vessels subject to these 
restrictions may transit the Cape Cod/GOM Yellowtail Flounder Area, 
provided gear is stowed in accordance with Sec.  648.23(b).
    (C) During the period March through June, vessels may land or 
possess on board only up to 250 lb (113.6 kg) of yellowtail flounder 
per trip.
    (D) During the period July through February, vessels may land or 
possess on board only up to 750 lb (340.2 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) During the months of January, February, April, May, July 
through September, and December, when the yellowtail flounder trip 
limit requirements for the Cape Cod/GOM and SNE/MA Yellowtail Flounder 
Areas are the same, vessels that obtain a yellowtail flounder 
possession/landing letter of authorization as specified under 
paragraphs (g)(1)(ii)(A) and (g)(2)(ii)(A) of this section are not 
subject to the requirements specified under paragraphs (g)(1)(ii)(B) 
and (g)(2)(ii)(B) of this section.
    (h) Other possession restrictions. Vessels are subject to any other 
applicable possession limit restrictions of this part.

0
16. Section 648.87 is revised to read as follows:


Sec.  648.87  Sector allocation.

    (a) Procedure for implementing Sector allocation proposal. (1) Any 
person may submit a Sector allocation proposal for a group of limited 
access NE multispecies vessels to the Council, at least 1 year in 
advance of the start of a sector, and request that the Sector be 
implemented through a framework procedure specified at Sec.  
648.90(a)(2), in accordance with the conditions and restrictions of 
this section.
    (2) Upon receipt of a Sector allocation proposal, the Council must 
decide whether to initiate such framework. Should a framework 
adjustment to authorize a Sector allocation proposal be initiated, the 
Council should follow the framework adjustment provisions of Sec.  
648.90(a)(2). Any framework adjustment developed to implement a Sector 
allocation proposal must be in compliance with the general requirements 
specified in paragraphs (b) and (c) of this section. Vessels that do 
not join a Sector would remain subject to the NE multispecies 
regulations for non-Sector vessels specified under this part.
    (b) General requirements applicable to all Sector allocations. (1) 
All Sectors approved under the provisions of paragraph (a) of this 
section must submit the documents specified under paragraphs (a)(1) and 
(b)(2) of this section, and comply with the conditions and restrictions 
of this paragraph (b)(1).
    (i) The sector allocation must be based on either a TAC limit (hard 
TAC), or a maximum DAS usage limit for all vessels with a target TAC.
    (ii) A Sector shall be allocated no more than 20 percent of a 
stock's TAC, unless otherwise authorized by the Council.
    (iii) Allocation of catch or effort shall be based upon documented 
accumulated catch histories of the harvested stock(s) for each vessel 
electing to fish in a Sector, for the 5-year period prior to submission 
of a Sector allocation proposal to the Council. Documented catch shall 
be based on dealer landings reported to NMFS.

[[Page 22982]]

    (iv) Landings histories for Sectors formed to harvest GB cod during 
the period 2004 through 2007 shall be based on fishing years 1996 
through 2001.
    (v) The Sector allocation proposal must contain an appropriate 
analysis that assesses the impact of the proposed Sector, in compliance 
with the National Environmental Policy Act.
    (vi) Once a hard TAC allocated to a Sector is projected to be 
exceeded, Sector operations will be terminated for the remainder of the 
fishing year.
    (vii) Should a hard TAC allocated to a Sector be exceeded in a 
given fishing year, the Sector's allocation will be reduced by the 
overage in the following fishing year, and the Sector, each vessel, and 
vessel operator and/or vessel owner participating in the Sector may be 
charged jointly and severally for civil penalties and permit sanctions 
pursuant to 15 CFR part 904. If the Sector exceeds its TAC in more than 
1 fishing year, the Sector's share may be permanently reduced, or the 
Sector's authorization to operate may be withdrawn.
    (viii) If a hard or target TAC allocated to a Sector is not 
exceeded in a given fishing year, the Sector's allocation of TAC or DAS 
will not be reduced for the following fishing year as a result of an 
overage of a hard or target TAC by non-compliant Sectors or by non-
Sector vessels.
    (ix) Unless exempted through a Letter of Authorization specified in 
paragraph (c)(3) of this section, each vessel operator and/or vessel 
owner fishing under an approved Sector must comply with all NE 
multispecies management measures of this part and other applicable law. 
Each vessel and vessel operator and/or vessel owner participating in a 
Sector must also comply with all applicable requirements and conditions 
of the Operating Plan specified in paragraph (b)(2) of this section and 
the Letter of Authorization issued pursuant to paragraph (c)(3) of this 
section. It shall be unlawful to violate any such conditions and 
requirements and each Sector, vessel, and vessel operator and/or vessel 
owner participating in the Sector may be charged jointly and severally 
for civil penalties and permit sanctions pursuant 15 CFR part 904.
    (x) Approved Sectors must submit an annual year-end report to NMFS 
and the Council, within 60 days of the end of the fishing year, that 
summarizes the fishing activities of its members, including harvest 
levels of all federally managed species by Sector vessels, enforcement 
actions, and other relevant information required to evaluate the 
performance of the Sector.
    (xi) Once a vessel operator and/or vessel owner signs a binding 
contract to participate in a Sector, that vessel must remain in the 
Sector for the remainder of the fishing year.
    (xii) Vessels that fish under the DAS program outside the Sector 
allocation in a given fishing year may not participate in a Sector 
during that same fishing year, unless the Operations Plan provides an 
acceptable method for accounting for DAS used prior to implementation 
of the Sector.
    (xiii) Once a vessel operator and/or vessel owner has agreed to 
participate in a Sector as specified in paragraph (b)(1)(xi) of this 
section, that vessel must remain in the Sector for the entire fishing 
year. If a permit is transferred by a Sector participant during the 
fishing year, the new owner must also comply with the Sector 
regulations for the remainder of the fishing year.
    (xiv) Vessels and vessel operators and/or vessel owners removed 
from a Sector for violation of the Sector rules will not be eligible to 
fish under the NE multispecies regulations for non-Sector vessels 
specified under this part.
    (xv) All vessel operators and/or vessel owners fishing in an 
approved Sector must be issued and have on board the vessel, a Letter 
of Authorization (LOA) issued by the National Marine Fisheries Service 
pursuant to paragraph (c)(3) of this section.
    (xvi) The Regional Administrator may exempt participants in the 
Sector, pursuant to paragraph (c)(3) of this section, from any Federal 
fishing regulations necessary to allow such participants to fish in 
accordance with the Operations Plan, with the exception of regulations 
addressing the following measures for Sectors based on a hard TAC: 
Year-round closure areas, permitting restrictions (e.g., vessel 
upgrades, etc.), gear restrictions designed to minimize habitat impacts 
(e.g., roller gear restrictions, etc.), and reporting requirements (not 
including DAS reporting requirements). A framework adjustment, as 
specified in Sec.  648.90, may be submitted to exempt Sector 
participants from regulations not authorized to be exempted pursuant to 
paragraph (c)(2) of this section.
    (2) Operations Plan and Sector Contract. Each Sector must submit an 
Operations Plan and Sector Contract to the Regional Administrator at 
least 3 months prior to the beginning of each fishing year. The 
following elements must be contained in either the Operations Plan or 
Sector Contract:
    (i) A list of all parties, vessels, and vessel owners who will 
participate in the Sector;
    (ii) A contract signed by all Sector participants indicating their 
agreement to abide by the Operations Plan;
    (iii) The name of a designated representative or agent for service 
of process;
    (iv) If applicable, a plan for consolidation or redistribution of 
catch or effort, detailing the quantity and duration of such 
consolidation or redistribution of catch or effort within the Sector;
    (v) Historic information on the catch or effort history of the 
Sector participants, consistent with the requirements specified in 
paragraph (b) of this section, and any additional historic information 
specified in the framework adjustment;
    (vi) A plan and analysis of the specific management rules the 
Sector participants will agree to abide by in order to avoid exceeding 
the allocated TAC (or target TAC under a DAS allocation), including 
detailed plans for enforcement of the Sector rules, as well as detailed 
plans for the monitoring and reporting of landings and discards;
    (vii) A plan that defines the procedures by which members of the 
Sector that do not abide by the rules of the Sector will be disciplined 
or removed from the Sector, and a procedure for notifying NMFS of such 
expulsions from the Sector;
    (viii) If applicable, a plan of how the TAC or DAS allocated to the 
Sector is assigned to each vessel;
    (ix) If the Operations Plan is inconsistent with, or outside the 
scope of the NEPA analysis associated with the Sector proposal/
framework adjustment as specified in paragraph (b)(2)(v) of this 
section, a supplemental NEPA analysis may be required with the 
Operations Plan.
    (x) Each vessel and vessel operator and/or vessel owner 
participating in a Sector must comply with all applicable requirements 
and conditions of the Operating Plan specified in paragraph (b)(2) of 
this section and the Letter of Authorization issued pursuant to 
paragraph (c)(3) of this section. It shall be unlawful to violate any 
such conditions and requirements and each Sector, vessel, and vessel 
operator and/or vessel owner participating in the Sector may be charged 
jointly and severally for civil penalties and permit sanctions pursuant 
15 CFR part 904.
    (c) Approval of a Sector and granting of exemptions by the Regional 
Administrator. (1) Once the submission documents specified under 
paragraphs (a)(1) and (b)(2) of this section have been determined to 
comply with the requirements of this section, NMFS may consult with the 
Council and will solicit

[[Page 22983]]

public comment on the Operations Plan for at least 15 days, through 
notification of a proposed rulemaking in the Federal Register.
    (2) Upon review of the public comments, the Regional Administrator 
may approve or disapprove Sector operations, through a final 
determination consistent with the Administrative Procedure Act.
    (3) If a Sector is approved, the Regional Administrator shall issue 
a Letter of Authorization to each vessel operator and/or vessel owner 
belonging to the Sector. The Letter of Authorization shall authorize 
participation in the Sector operations and may exempt participating 
vessels from any Federal fishing regulation, except those specified in 
paragraph (b)(1)(xvi) of this section, in order to allow vessels to 
fish in accordance with an approved Operations Plan, provided such 
exemptions are consistent with the goals and objectives of the NE 
multispecies FMP. The Letter of Authorization may also include 
requirements and conditions deemed necessary to ensure effective 
administration of an compliance with the Operations Plan and the Sector 
allocation. Solicitation of public comment on, and NMFS final 
determination on such exemptions shall be consistent with paragraphs 
(c)(1) and (2) of this section.
    (4) The Regional Administrator may withdraw approval of a Sector, 
after consultation with the Council, at anytime if it is determined 
that Sector participants are not complying with the requirements of an 
approved Operations Plan or that the continuation of the Operations 
Plan will undermine achievement of fishing mortality objectives of the 
NE Multispecies FMP. Withdrawal of approval of a Sector may only be 
done after notice and comment rulemaking as prescribed by the 
Administrative Procedure Act.
    (d) Approved Sector allocation proposals--(1) GB Cod Hook Sector. 
Eligible NE multispecies DAS vessels, as specified in paragraph 
(d)(1)(ii) of this section, may participate in the GB Cod Hook Sector 
within the GB Cod Hook Sector Area, under the Sector's Operations Plan, 
provided the Operations Plan is approved by the Regional Administrator 
in accordance with paragraph (c) of this section, and provided that 
each participating vessel and vessel operator and/or vessel owner 
comply with the requirements of the Operations Plan, the requirements 
and conditions specified in the Letter of Authorization issued pursuant 
to paragraph (c) of this section, and all other requirements specified 
in this section.
    (i) GB Cod Hook Sector Area (GBCHSA). The GBCHSA 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):

                    Georges Bank Cod Hook Sector Area
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
HS1..............................  70[deg]00[min]      (\1\)
HS2..............................  70[deg]00[min]      42[deg]20[min]
HS3..............................  67[deg]18.4[min]    42[deg]20[min]
                                                        \3\
Follow the U.S. EEZ boundary
 south to HS3.
HS3..............................  66[deg]45.5[min]    39[deg]00[min]
HS4..............................  71[deg]40[min]      39[deg]00[min]
HS5..............................  71[deg]40[min]      (\2\)
------------------------------------------------------------------------
\1\ The east facing shoreline of Cape Cod, MA.
\2\ The south facing shoreline of Rhode Island.
\3\ (the U.S. Canada Maritime Boundary).

    (ii) Eligibility. All vessels with a valid limited access NE 
multispecies DAS permit are eligible to participate in the GB Cod Hook 
Sector, provided they have documented landings through valid dealer 
reports submitted to NMFS of GB cod during the fishing years 1996 to 
2001 when fishing with jigs, demersal longline, or handgear.
    (iii) TAC allocation. For each fishing year, the Sector's 
allocation of that fishing year's GB cod TAC, up to a maximum of 20 
percent of the GB cod TAC, will be determined as follows:
    (A) Sum of the total accumulated landings of GB cod by vessels 
identified in the Sector's Operation Plan specified under paragraph 
(b)(2) of this section, for the fishing years 1996 through 2001, when 
fishing with jigs, demersal longline, or handgear, as reported in the 
NMFS dealer database.
    (B) Sum of total accumulated landings of GB cod made by all NE 
multispecies vessels for the fishing years 1996 through 2001, as 
reported in the NMFS dealer database.
    (C) Divide the sum of total landings of Sector participants 
calculated in paragraph (d)(1)(iii)(A) of this section by the sum of 
total landings by all vessels calculated in paragraph (d)(1)(iii)(B) of 
this section. The resulting number represents the percentage of the 
total GB cod TAC allocated to the GB Cod Hook Sector for the fishing 
year in question.
    (iv) Requirements. A vessel fishing under the GB Cod Hook Sector 
may not fish with gear other than jigs, demersal longline, or handgear.
    (2) [Reserved]

0
17. Section 648.88 is revised to read as follows:


Sec.  648.88  Multispecies open access permit restrictions.

    (a) Handgear permit. A vessel issued a valid open access NE 
multispecies Handgear permit is subject to the following restrictions:
    (1) The vessel may possess and land up to 75 lb (34 kg) of cod and 
up to the landing and possession limit restrictions for other NE 
multispecies specified in Sec.  648.86, provided the vessel complies 
with the restrictions specified under paragraph (a)(2) of this section. 
Should the GOM cod trip limit specified under Sec.  648.86(b)(1) be 
adjusted in the future, the cod trip limit specified under this 
paragraph (a)(1) will be adjusted proportionally (rounded up to the 
nearest 25 lb (11.3 kg)).
    (2) Restrictions: (i) The vessel may not use or possess on board 
gear other than handgear while in possession of, fishing for, or 
landing NE multispecies, and must have at least one standard tote on 
board;
    (ii) The vessel may not fish for, possess, or land regulated 
species from March 1 through March 20 of each year; and
    (iii) The vessel, if fishing with tub-trawl gear, may not fish with 
more than a maximum of 250 hooks.
    (b) Charter/party permit. A vessel that has been issued a valid 
open access NE multispecies charter/party permit is subject to the 
additional restrictions on gear, recreational minimum fish sizes, 
possession limits, and prohibitions on sale specified in Sec.  648.89, 
and any other applicable provisions of this part.
    (c) Scallop NE multispecies possession limit permit. A vessel that 
has been issued a valid open access scallop NE 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(g), and 
provided the vessel has at least one standard tote on board.
    (d) Non-regulated NE multispecies permit. A vessel issued a valid 
open access non-regulated NE multispecies permit may possess and land 
one Atlantic halibut and unlimited amounts of the other non-regulated 
NE multispecies. The vessel is subject to restrictions on gear, area, 
and time of

[[Page 22984]]

fishing specified in Sec.  648.80 and any other applicable provisions 
of this part.

0
18. Section 648.89 is revised to read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

    (a) Recreational gear restrictions. Persons aboard charter or party 
vessels permitted under this part and not fishing under the DAS 
program, and recreational fishing vessels in the EEZ, are prohibited 
from fishing with more than two hooks per line, and one line per 
angler, and must stow all other fishing gear on board the vessel as 
specified under Sec.  648.23(b).
    (b) Recreational minimum fish sizes--(1) Minimum fish sizes. 
Persons aboard charter or party vessels permitted under this part and 
not fishing under the NE multispecies DAS program, and recreational 
fishing vessels in or possessing fish from the EEZ, may not possess 
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......................................  22 (58.4 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)
Atlantic halibut.........................  36 (91.4 cm)
American plaice (dab)....................  14 (35.6 cm)
Winter flounder (blackback)..............  12 (30.5 cm)
Redfish..................................  9 (22.9 cm)
------------------------------------------------------------------------

    (2) Exception. Vessels may possess fillets less than the minimum 
size specified, if the fillets are taken from legal-sized fish and are 
not offered or intended for sale, trade or barter.
    (c) Cod possession restrictions--(1) Recreational fishing vessels. 
(i) Each person on a private recreational vessel may possess no more 
than 10 cod per day, in, or harvested from, the EEZ.
    (ii) 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.
    (iii) Cod harvested by recreational fishing vessels in or from the 
EEZ 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.
    (iv) Cod 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) Each person on the vessel may possess no more than 10 cod per 
day.
    (ii) 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.
    (iii) Cod 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.
    (iv) Cod 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.
    (4) Accounting of daily trip limit. For the purposes of determining 
the per day trip limit for cod for recreational fishing vessels and 
party/charter vessels, any trip in excess of 15 hours and covering 2 
consecutive calendar days will be considered more than 1 day. 
Similarly, any trip in excess of 39 hours and covering 3 consecutive 
calendar days will be considered more than 2 days and, so on, in a 
similar fashion.
    (d) Restrictions on sale. It is unlawful to sell, barter, trade, or 
otherwise transfer for a commercial purpose, or to attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose, NE 
multispecies caught or landed by charter or party vessels permitted 
under this part not fishing under a DAS or recreational fishing vessels 
fishing in the EEZ.
    (e) Charter/party vessel restrictions on fishing in GOM closed 
areas and the Nantucket Lightship Closed Area--(1) GOM Closed Areas. A 
vessel fishing under charter/party regulations may not fish in the GOM 
closed areas specified in Sec.  648.81(d)(1) through (f)(1) during the 
time periods specified in those paragraphs, unless the vessel has on 
board a letter of authorization issued by the Regional Administrator 
pursuant to Sec.  648.81(f)(2)(iii) and paragraph (e)(3) of this 
section. 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 is 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.
    (2) Nantucket Lightship Closed Area. A vessel fishing under 
charter/party regulations may not fish in the Nantucket Lightship 
Closed Area specified in Sec.  648.81(c)(1) unless the vessel has on 
board a letter of authorization issued by the Regional Administrator 
pursuant to Sec.  648.81(c)(2)(iii) and paragraph (e)(3) of this 
section.
    (3) Letters of authorization. To obtain either of the letters of 
authorization specified in paragraphs (e)(1) and (2) of this section, a 
vessel owner must request a letter from the Northeast Regional Office 
of NMFS, either in writing or by phone (see Table 1 to 50 CFR 600.502). 
As a condition of these letters of authorization, the vessel owner must 
agree to the following:
    (i) The letter of authorization must be carried on board the vessel 
during the period of participation;
    (ii) With the exception of tuna, fish harvested or possessed by the 
vessel may not be sold or intended for trade, barter or sale, 
regardless of where the regulated species are caught;
    (iii) The vessel has no gear other than rod and reel or handline 
gear on board; and
    (iv) For the GOM charter/party closed area exemption only, the 
vessel may not use any NE multispecies DAS during the period of 
participation.

0
19. Section 648.90 is revised to read as follows:


Sec.  648.90  NE multispecies assessment, framework procedures and 
specifications, and flexible area action system.

    For the NE multispecies framework specification process described 
in this section, starting in fishing year 2004, the large-mesh species, 
halibut and ocean pout biennial review (referred to as NE multispecies) 
is considered a separate process from the small-mesh species annual 
review, as described under paragraphs (a)(2) and (b), respectively, of 
this section.
    (a) NE multispecies--(1) NE Multispecies annual SAFE Report. The NE 
Multispecies Plan Development

[[Page 22985]]

Team (PDT) shall prepare an annual Stock Assessment and Fishery 
Evaluation (SAFE) Report for the NE multispecies fishery. The SAFE 
Report shall be the primary vehicle for the presentation of all updated 
biological and socio-economic information regarding the NE multispecies 
complex and its associated fisheries. The SAFE report shall provide 
source data for any adjustments to the management measures that may be 
needed to continue to meet the goals and objectives of the FMP.
    (2) Biennial review. (i) Beginning in 2005, the NE Multispecies PDT 
shall meet on or before September 30 every other year, unless otherwise 
specified in paragraph (a)(3) of this section, under the conditions 
specified in that paragraph, to perform a review of the fishery, using 
the most current scientific information available provided primarily 
from the NEFSC. Data provided by states, ASMFC, the USCG, and other 
sources may also be considered by the PDT. Based on this review, the 
PDT will develop target TACs for the upcoming fishing year(s) and 
develop options for Council consideration, if necessary, on any 
changes, adjustments, or additions to DAS allocations, closed areas, or 
on other measures necessary to achieve the FMP goals and objectives. 
For the 2005 biennial review, an updated groundfish assessment, peer-
reviewed by independent scientists, will be conducted to facilitate the 
PDT review for the biennial adjustment, if needed, for the 2006 fishing 
year. Amendment 13 biomass and fishing mortality targets may not be 
modified by the 2006 biennial adjustment unless review of all valid 
pertinent scientific work during the 2005 review process justifies 
consideration.
    (ii) The PDT shall review available data pertaining to: Catch and 
landings, discards, DAS, DAS use, and other measures of fishing effort, 
survey results, stock status, current estimates of fishing mortality, 
social and economic impacts, enforcement issues, and any other relevant 
information.
    (iii) Based on this review, the PDT shall recommend target TACs and 
develop options necessary to achieve the FMP goals and objectives, 
which may include a preferred option. The PDT must demonstrate through 
analyses and documentation that the options they develop are expected 
to meet the FMP goals and objectives. The PDT may review the 
performance of different user groups or fleet Sectors in developing 
options. The range of options developed by the PDT may include any of 
the management measures in the FMP, including, but not limited to: 
Target TACs, which must be based on the projected fishing mortality 
levels required to meet the goals and objectives outlined in the FMP 
for the 10 regulated species, Atlantic halibut (if able to be 
determined), and ocean pout; DAS changes; possession limits; gear 
restrictions; closed areas; permitting restrictions; minimum fish 
sizes; recreational fishing measures; description and identification of 
EFH; fishing gear management measures to protect EFH; and designation 
of habitat areas of particular concern within EFH. In addition, the 
following conditions and measures may be adjusted through future 
framework adjustments: Revisions to status determination criteria, 
including, but not limited to, changes in the target fishing mortality 
rates, minimum biomass thresholds, numerical estimates of parameter 
values, and the use of a proxy for biomass; DAS allocations (such as 
the category of DAS under the DAS reserve program, etc.) and DAS 
baselines, etc.; modifications to capacity measures, such as changes to 
the DAS transfer or DAS leasing measures; calculation of area-specific 
TACs, area management boundaries, and adoption of area-specific 
management measures; Sector allocation requirements and specifications, 
including establishment of a new Sector; measures to implement the 
U.S./Canada Resource Sharing Understanding, including any specified 
TACs (hard or target); changes to administrative measures; additional 
uses for Regular B DAS; future uses for C DAS; reporting requirements; 
the GOM Inshore Conservation and Management Stewardship Plan; GB Cod 
Gillnet Sector allocation; allowable percent of TAC available to a 
Sector through a Sector allocation; categorization of DAS; DAS leasing 
provisions; adjustments for steaming time; adjustments to the Handgear 
A permit; gear requirements to improve selectivity, reduce bycatch, 
and/or reduce impacts of the fishery on EFH; SAP modifications; and any 
other measures currently included in the FMP.
    (iv) The Council shall review the recommended target TACs 
recommended by the PDT and all of the options developed by the PDT, and 
other relevant information, consider public comment, and develop a 
recommendation to meet the FMP objective pertaining to regulated 
species, Atlantic halibut and ocean pout that is consistent with other 
applicable law. If the Council does not submit a recommendation that 
meets the FMP objectives and is consistent with other applicable law, 
the Regional Administrator may adopt any option developed by the PDT, 
unless rejected by the Council, as specified in paragraph (a)(1)(vii) 
of this section, provided the option meets the FMP objectives and is 
consistent with other applicable law.
    (v) Based on this review, the Council shall submit a recommendation 
to the Regional Administrator of any changes, adjustments or additions 
to DAS allocations, closed areas or other measures necessary to achieve 
the FMP's goals and objectives. The Council shall include in its 
recommendation supporting documents, as appropriate, concerning the 
environmental and economic impacts of the proposed action and the other 
options considered by the Council.
    (vi) If the Council submits, on or before December 1, a 
recommendation to the Regional Administrator after one Council meeting, 
and the Regional Administrator concurs with the recommendation, the 
Regional Administrator shall publish the Council's recommendation in 
the Federal Register as a proposed rule with a 30-day public comment 
period. The Council may instead submit its recommendation on or before 
February 1, if it chooses to follow the framework process outlined in 
paragraph (c) of this section, and requests that the Regional 
Administrator publish the recommendation as a final rule, consistent 
with the Administrative Procedure Act. If the Regional Administrator 
concurs that the Council's recommendation meets the FMP objectives and 
is consistent with other applicable law, and determines that the 
recommended management measures should be published as a final rule, 
the action will be published as a final rule in the Federal Register, 
consistent with the Administrative Procedure Act. If the Regional 
Administrator concurs that the recommendation meets the FMP objectives 
and is consistent with other applicable law and determines that a 
proposed rule is warranted, and, as a result, the effective date of a 
final rule falls after the start of the fishing year on May 1, fishing 
may continue. However, DAS used by a vessel on or after May 1 will be 
counted against any DAS allocation the vessel ultimately receives for 
that year.
    (vii) If the Regional Administrator concurs in the Council's 
recommendation, a final rule shall be published in the Federal Register 
on or about April 1 of each year, with the exception noted in paragraph 
(a)(2)(vi)

[[Page 22986]]

of this section. If the Council fails to submit a recommendation to the 
Regional Administrator by February 1 that meets the FMP goals and 
objectives, the Regional Administrator may publish as a proposed rule 
one of the options reviewed and not rejected by the Council, provided 
that the option meets the FMP objectives and is consistent with other 
applicable law. If, after considering public comment, the Regional 
Administrator decides to approve the option published as a proposed 
rule, the action will be published as a final rule in the Federal 
Register.
    (3) Review in 2008 for the 2009 fishing year. In addition to the 
biennial review specified in paragraph (a)(2) of this section, the PDT 
shall meet to conduct a review of the groundfish fishery by September 
2008 for the purposes of determining the need for a framework action 
for the 2009 fishing year. For the 2008 review, a benchmark assessment, 
peer-reviewed by independent scientists, will be completed for each of 
the regulated multispecies stocks and for Atlantic halibut and ocean 
pout. The interim biomass targets specified in the FMP will be 
evaluated during this benchmark assessment to evaluate the efficacy of 
the rebuilding program. Based on findings from the benchmark 
assessment, a determination will be made as to whether the FMP biomass 
targets appear to be appropriate, or whether they should be increased 
or decreased, in conformance with the best scientific information 
available.
    (b) Small mesh species.--(1) Annual review. The Whiting Monitoring 
Committee (WMC) shall meet separately on or before November 15 of each 
year to develop options for Council consideration on any changes, 
adjustments, closed areas, or other measures necessary to achieve the 
NE Multispecies FMP goals and objectives.
    (i) The WMC shall review available data pertaining to: Catch and 
landings, discards, and other measures of fishing effort, survey 
results, stock status, current estimates of fishing mortality, and any 
other relevant information.
    (ii) The WMC shall recommend management options necessary to 
achieve FMP goals and objectives pertaining to small-mesh multispecies, 
which may include a preferred option. The WMC must demonstrate through 
analyses and documentation that the options it develops are expected to 
meet the FMP goals and objectives. The WMC may review the performance 
of different user groups or fleet Sectors in developing options. The 
range of options developed by the WMC may include any of the management 
measures in the FMP, including, but not limited to: Annual target TACs, 
which must be based on the projected fishing mortality levels required 
to meet the goals and objectives outlined in the FMP for the small-mesh 
multispecies; possession limits; gear restrictions; closed areas; 
permitting restrictions; minimum fish sizes; recreational fishing 
measures; description and identification of EFH; fishing gear 
management measures to protect EFH; designation of habitat areas of 
particular concern within EFH; and any other management measures 
currently included in the FMP.
    (iii) The Council shall review the recommended target TACs 
recommended by the PDT and all of the options developed by the WMC, and 
other relevant information, consider public comment, and develop a 
recommendation to meet the FMP objectives pertaining to small-mesh 
multispecies that is consistent with other applicable law. If the 
Council does not submit a recommendation that meets the FMP objectives 
and that is consistent with other applicable law, the Regional 
Administrator may adopt any option developed by the WMC, unless 
rejected by the Council, as specified in paragraph (b)(1)(vi) of this 
section, provided the option meets the FMP objectives and is consistent 
with other applicable law.
    (iv) Based on this review, the Council shall submit a 
recommendation to the Regional Administrator of any changes, 
adjustments or additions to closed areas or other measures necessary to 
achieve the FMP's goals and objectives. The Council shall include in 
its recommendation supporting documents, as appropriate, concerning the 
environmental and economic impacts of the proposed action and the other 
options considered by the Council.
    (v) If the Council submits, on or before January 7, a 
recommendation to the Regional Administrator after one Council meeting, 
and the Regional Administrator concurs with the recommendation, the 
Regional Administrator shall publish the Council's recommendation in 
the Federal Register as a proposed rule with a 30-day public comment 
period. The Council may instead submit its recommendation on or before 
February 1, if it chooses to follow the framework process outlined in 
paragraph (b)(2) of this section and requests that the Regional 
Administrator publish the recommendation as a final rule, consistent 
with the Administrative Procedure Act. If the Regional Administrator 
concurs that the Council's recommendation meets the FMP objective and 
is consistent with other applicable law, and determines that the 
recommended management measures should be published as a final rule, 
the action will be published as a final rule in the Federal Register, 
consistent with the Administrative Procedure Act. If the Regional 
Administrator concurs that the recommendation meets the FMP objective 
and is consistent with other applicable law and determines that a 
proposed rule is warranted, and, as a result, the effective date of a 
final rule falls after the start of the fishing year on May 1, fishing 
may continue.
    (vi) If the Regional Administrator concurs in the Council's 
recommendation, a final rule shall be published in the Federal Register 
on or about April 1 of each year, with the exception noted in paragraph 
(b)(1)(vi) of this section. If the Council fails to submit a 
recommendation to the Regional Administrator by February 1 that meets 
the FMP goals and objectives, the Regional Administrator may publish as 
a proposed rule one of the options reviewed and not rejected by the 
Council, provided that the option meets the FMP objectives and is 
consistent with other applicable law. If, after considering public 
comment, the Regional Administrator decides to approve the option 
published as a proposed rule, the action will be published as a final 
rule in the Federal Register.
    (2) [Reserved]
    (c) Within season management action for NE multispecies, including 
small-mesh NE multispecies. The Council may, at any time, initiate 
action to add or adjust management measures if it finds that action is 
necessary to meet or be consistent with the goals and objectives of the 
NE Multispecies FMP, to address gear conflicts, or to facilitate the 
development of aquaculture projects in the EEZ. This procedure may also 
be used to modify FMP overfishing definitions and fishing mortality 
targets that form the basis for selecting specific management measures.
    (1) Adjustment process. (i) After a management action has been 
initiated, the Council shall develop and analyze appropriate management 
actions over the span of at least two Council meetings. The Council 
shall provide the public with advance notice of the availability of 
both the proposals and the analyses and opportunity to comment on them 
prior to and at the second Council meeting. The Council's 
recommendation on adjustments or additions to management measures, 
other than to address gear conflicts, must come from one or more of the

[[Page 22987]]

following categories: DAS changes, effort monitoring, data reporting, 
possession limits, gear restrictions, closed areas, permitting 
restrictions, crew limits, minimum fish sizes, onboard observers, 
minimum hook size and hook style, the use of crucifer in the hook-gear 
fishery, fleet Sector shares, recreational fishing measures, area 
closures and other appropriate measures to mitigate marine mammal 
entanglements and interactions, description and identification of EFH, 
fishing gear management measures to protect EFH, designation of habitat 
areas of particular concern within EFH, and any other management 
measures currently included in the FMP. In addition, the Council's 
recommendation on adjustments or additions to management measures 
pertaining to small-mesh NE multispecies, other than to address gear 
conflicts, must come from one or more of the following categories: 
Quotas and appropriate seasonal adjustments for vessels fishing in 
experimental or exempted fisheries that use small mesh in combination 
with a separator trawl/grate (if applicable), modifications to 
separator grate (if applicable) and mesh configurations for fishing for 
small-mesh NE multispecies, adjustments to whiting stock boundaries for 
management purposes, adjustments for fisheries exempted from minimum 
mesh requirements to fish for small-mesh NE multispecies (if 
applicable), season adjustments, declarations, and participation 
requirements for the Cultivator Shoal Whiting Fishery Exemption Area.
    (ii) Adjustment process for whiting TACs and DAS. The Council may 
develop recommendations for a whiting DAS effort reduction program or a 
whiting TAC through the framework process outlined in paragraph (c) of 
this section only if these options are accompanied by a full set of 
public hearings that span the area affected by the proposed measures in 
order to provide adequate opportunity for public comment.
    (2) Adjustment process for gear conflicts. The Council may develop 
a recommendation on measures to address gear conflicts as defined under 
50 CFR 600.10, in accordance with the procedures specified in Sec.  
648.55 (d) and (e).
    (3) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Administrator 
on whether to issue the management measures as a final rule, consistent 
with the Administrative Procedure Act. If the Council recommends that 
the management measures should be issued as a final rule, the Council 
must consider at least the following factors and provide support and 
analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an 
entire harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (4) Regional Administrator action. If the Council's recommendation 
includes adjustments or additions to management measures, after 
reviewing the Council's recommendation and supporting information:
    (i) If the Regional Administrator concurs with the Council's 
recommended management measures and determines that the recommended 
management measures should be issued as a final rule, based on the 
factors specified in paragraph (c)(3) of this section, the measures 
will be issued as a final rule in the Federal Register, consistent with 
the Administrative Procedure Act.
    (ii) If the Regional Administrator concurs with the Council's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the measures will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Administrator concurs with the 
Council's recommendation, the measures will be issued as a final rule 
in the Federal Register.
    (iii) If the Regional Administrator does not concur, the Council 
will be notified in writing of the reasons for the non-concurrence.
    (d) Flexible Area Action System. (1) The Chair of the Multispecies 
Oversight Committee, upon learning of the presence of discard problems 
associated with large concentrations of juvenile, sublegal, or spawning 
multispecies, shall determine if the situation warrants further 
investigation and possible action. In making this determination, the 
Committee Chair shall consider the amount of discard of regulated 
species, the species targeted, the number and types of vessels 
operating in the area, the location and size of the area, and the 
resource condition of the impacted species. If he/she determines it is 
necessary, the Committee Chair will request the Regional Administrator 
to initiate a fact finding investigation to verify the situation and 
publish notification in the Federal Register requesting public comments 
in accordance with the procedures therefore in Amendment 3 to the NE 
Multispecies FMP.
    (2) After examining the facts, the Regional Administrator shall, 
within the deadlines specified in Amendment 3, provide the technical 
analysis required by Amendment 3.
    (3) The NEFMC shall prepare an economic impact analysis of the 
potential management options under consideration within the deadlines 
specified in Amendment 3.
    (4) Copies of the analysis and reports prepared by the Regional 
Administrator and the NEFMC shall be made available for public review 
at the NEFMC's office and the Committee shall hold a meeting/public 
hearing, at which time it shall review the analysis and reports and 
request public comments. Upon review of all available sources of 
information, the Committee shall determine what course of action is 
warranted by the facts and make a recommendation, consistent with the 
provisions of Amendment 3 to the Regional Administrator.
    (5) By the deadline set in Amendment 3 the Regional Administrator 
shall either accept or reject the Committee's recommendation. If the 
recommended action is consistent with the record established by the 
fact-finding report, impact analysis, and comments received at the 
public hearing, he/she shall accept the Committee's recommendation and 
implement it through notification in the Federal Register and by notice 
sent to all vessel owners holding multispecies permits. The Regional 
Administrator shall also use other appropriate media, including, but 
not limited to, mailings to the news media, fishing industry 
associations and radio broadcasts, to disseminate information on the 
action to be implemented.
    (6) Once implemented, the Regional Administrator shall monitor the 
affected area to determine if the action is still warranted. If the 
Regional Administrator determines that the circumstances

[[Page 22988]]

under which the action was taken, based on the Regional Administrator's 
report, the NEFMC's report, and the public comments, are no longer in 
existence, he/she shall terminate the action by notification in the 
Federal Register.
    (7) Actions taken under this section will ordinarily become 
effective upon the date of filing with the Office of the Federal 
Register. The Regional Administrator may determine that facts warrant a 
delayed effective date.
    (e) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action and interim measures under 
section 305(c) of the Magnuson-Stevens Act.

0
20. In Sec.  648.92, paragraph (b)(2)(ii) is revised and paragraph 
(b)(2)(iii) is added to read as follows:


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

* * * * *
    (b) * * *
    (2) * * *
    (ii) Unless otherwise specified in paragraph (b)(2)(iii) of this 
section, each monkfish DAS used by a limited access NE multispecies or 
scallop vessel holding a Category C or D limited access monkfish permit 
shall also be counted as a NE multispecies or scallop DAS, as 
applicable, except when a Category C or D vessel that has an allocation 
of NE multispecies DAS under Sec.  648.82(d) that is less than the 
number of monkfish DAS allocated for the fishing year May 1 through 
April 30, that vessel may fish under the monkfish limited access 
Category A or B provisions, as applicable, for the number of DAS that 
equal the difference between the number of its allocated monkfish DAS 
and the number of its allocated NE multispecies DAS. For such vessels, 
when the total allocation of NE multispecies DAS has been used, a 
monkfish DAS may be used without concurrent use of a NE multispecies 
DAS. (For example, if a monkfish Category D vessel's NE multispecies 
DAS allocation is 30, and the vessel fished 30 monkfish DAS, 30 NE 
multispecies DAS would also be used. However, after all 30 NE 
multispecies DAS are used, the vessel may utilize its remaining 10 
monkfish DAS to fish on monkfish, without a NE multispecies DAS being 
used, provided that the vessel fishes under the regulations pertaining 
to a Category B vessel and does not retain any regulated NE 
multispecies.)
    (iii) Category C and D vessels that lease NE multispecies DAS. (A) 
A monkfish Category C or D vessel that has ``monkfish-only'' DAS, as 
specified in paragraph (b)(2)(ii) of this section, and that leases NE 
multispecies DAS from another vessel pursuant to Sec.  648.82(k), is 
required to fish its available ``monkfish-only'' DAS in conjunction 
with its leased NE multispecies DAS, to the extent that the vessel has 
NE multispecies DAS available.
    (B) A monkfish Category C or D vessel which leases DAS to another 
vessel(s), pursuant to Sec.  648.82(k), is required to forfeit a 
monkfish DAS for each NE multispecies DAS that the vessel leases, equal 
in number to the difference between the number of remaining 
multispecies DAS and the number of unused monkfish DAS at the time of 
the lease. For example, if a lessor vessel, which had 40 unused 
monkfish DAS and 47 allocated multispecies DAS, leased 10 of its 
multispecies DAS, the lessor would forfeit 3 of its monkfish DAS (40 
monkfish DAS--37 multispecies DAS = 3) because it would have 3 fewer 
multispecies DAS than monkfish DAS after the lease.
* * * * *

0
21. In Sec.  648.94, paragraph (f) is revised to read as follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (f) Area declaration requirement for vessels fishing exclusively in 
the NFMA. Vessels fishing under a multispecies, scallop, or monkfish 
DAS under the less restrictive management measures of the NFMA, must 
fish for monkfish exclusively in the NFMA and declare into the NFMA for 
a period of not less than 7 days by obtaining a letter of authorization 
from the Regional Administrator. A vessel that has not declared into 
the NFMA under this paragraph (f) shall be presumed to have fished in 
the SFMA and shall be subject to the more restrictive requirements of 
that area. A vessel that has declared into the NFMA may transit the 
SFMA, providing that it complies with the transiting and gear storage 
provision described in paragraph (e) of this section, and provided that 
it does not fish for or catch monkfish, or any other fish, in the SFMA.
* * * * *

0
22. In Sec.  648.322, paragraph (b)(6) is revised to read as follows:


Sec.  648.322  Skate possession and landing restrictions.

* * * * *
    (b) * * *
    (6) Skate bait-only possession limit LOA--The vessel owner or 
operator possesses and lands skates in compliance with this subpart for 
a minimum of 7 days.
* * * * *

[FR Doc. 04-8884 Filed 4-16-04; 12:08 pm]
BILLING CODE 3510-22-P