[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Proposed Rules]
[Pages 55388-55402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20693]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No 040804229-4229-01; I.D. 080204G]
RIN 0648-AS34


Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) Provisions; Fisheries of the Northeastern United 
States; Northeast (NE) Multispecies Fishery; Framework Adjustment 40-A

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement measures in Framework 
Adjustment 40-A (FW 40-A) to the NE Multispecies Fishery Management 
Plan (FMP). FW 40-A was developed by the New England Fishery Management 
Council (Council) toprovide additional opportunities for vessels in the 
fishery totarget relatively healthy stocks of groundfish in order 
tomitigate the economic and social impacts resulting from the effort 
reductions required by Amendment 13 to the FMP, and toharvest 
groundfish stocks at levels that approach optimum yield (OY). The 
proposed action would create three programs toallow vessels touse 
Category B Days-at-Sea (DAS) (both Regular and Reserve) totarget 
healthy stocks: Regular B DAS Pilot Program; Closed Area (CA) I Hook 
Gear Haddock Special Access Program (SAP); and Eastern U.S./Canada 
Haddock SAP Pilot Program. In addition, FW 40-A proposes to relieve an 
Amendment 13 restriction that currently prohibits vessels from fishing 
both in the Western U.S./Canada Area, and outside that area on the same 
trip. The intended effect of FW40-A would be to provide fishing 
opportunities that would mitigate some of the negative economic and 
social impacts caused by the effort reductions in Amendment 13.

[[Page 55389]]


DATES: Comments must be received by September 29, 2004.

ADDRESSES: Written You may submit comments by any of the following 
methods:
     E-mail: [email protected]. Include in the subject line the 
following: ``Comments on the Proposed Rule for Groundfish Framework 40-
A''.
     Federal e-Rulemaking Portal: http:/www.regulations.gov.
     Mail: Paper, disk, or CD-ROM comments should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of 
the envelope, ``Comments on the Proposed Rule for Groundfish Framework 
40-A.''
     Fax: (978) 281-9135.
    Copies of FW 40-A, its Regulatory Impact Review (RIR), the Initial 
Regulatory Flexibility Analysis (IRFA), and the Environmental 
Assessment (EA) are available from Paul J. Howard, Executive Director, 
New England Fishery Management Council, 50 Water Street, The Tannery 
Mill 2, Newburyport, MA 01950.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule should be submitted to the Regional Administrator at the address 
above and to David Rostker, Office of Management and Budget (OMB), by 
e-mail at [email protected], or fax to (202) 395-7285. NMFS 
prepared a summary of the IRFA, which is contained in the 
Classification section of the preamble of this proposed rule.

FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, 
phone: (978) 281-9347, fax; (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    The Council developed Amendment 13 to bring the FMP into compliance 
with all Magnuson-Stevens Act requirements, including ending 
overfishing and rebuilding all overfished groundfish stocks. Amendment 
13 was partially approved by the Secretary of Commerce on March 18, 
2004. A final rule implementing the approved measures was published 
April 27, 2004 (69 FR 22906), with most measures becoming effective May 
1, 2004. Amendment 13 adopted a suite of management measures to reduce 
fishing mortality on groundfish stocks that are either overfished, or 
where overfishing is occurring. For several stocks, the fishing 
mortality targets adopted in Amendment 13 represented substantial 
reductions from previous levels. For other stocks, the fishing 
mortality targets were set at or above previous levels, and fishing 
mortality could remain the same or potentially increase without causing 
overfishing. Because most fishing trips in this fishery catch a wide 
range of species, and the principal management tool used in the FMP to 
reduce fishing effort is DAS, the reduction in DAS implemented by 
Amendment 13 impacts numerous species. It is difficult to design 
management measures that selectively change fishing mortality for 
individual species. Because the management measures in Amendment 13 
were designed to reduce fishing mortality where necessary, they may 
also reduce fishing mortality more than is necessary for other, 
healthier stocks. As a result, yield from healthier stocks may have 
been sacrificed and the ability of the FMP to ensure OY from these 
stocks may be diminished. OY is the amount of fish that will provide 
the greatest overall benefit to the nation. FW 40-A proposes programs 
that would provide additional opportunities to target healthy 
groundfish stocks in order to maximize the ability to achieve OY. These 
programs would also mitigate some of the negative economic and social 
impacts caused by the effort reductions in Amendment 13.
    Among the primary Amendment 13 management measures to control 
fishing mortality are DAS reductions. Amendment 13 categorized the DAS 
allocated to each permit as Category A, Category B DAS which are 
further categorized as Regular B, and Reserve B, orand Category C DAS. 
Category A DAS can be used to target any regulated groundfish stocks, 
while Category B DAS are to be used only to target healthy groundfish 
stocks. Category C DAS cannot be used at all at this time. The 
regulations implementing Amendment 13 include only one opportunity to 
use Category B DAS: A SAP designed to target Georges Bank (GB) 
yellowtail flounder in CA II. FW 40-A proposes additional opportunities 
to use Category B DAS. The Council understood at the time Amendment 13 
was submitted, that additional means to allow use of Category B DAS 
would be explored and possibly implemented through the framework 
process in the FMP.

Proposed Measures

    FW 40-A proposes three programs that would create additional 
opportunities to target healthier groundfish stocks. These are: The 
Regular B DAS Pilot Program, the CA I Hook Gear Haddock SAP, and the 
Eastern U.S./Canada Haddock SAP Pilot Program. In addition, FW 40-A 
would relieve the restrictions on the area that can be fished on the 
same trip by vessels fishing in the Western U.S./Canada Area. A 
description of the proposed management measures follows.

1. Regular B DAS Pilot Program

    The proposed Regular B DAS program would create opportunities to 
use B Regular DAS outside of a SAP (and outside closed areas) to target 
stocks that can withstand additional fishing effort (Gulf of Maine 
(GOM) haddock, pollock, GOM winter flounder, GB haddock, GB yellowtail 
flounder, and GB winter flounder). In addition, the program would 
provide the Council with information that could be used to design 
future Regular B DAS programs. The pilot program is proposed to run for 
1 year, from November 1, 2004, (or starting with the effective date of 
FW 40-A, if after November 1, 2004) through October 31, 2005. In order 
to limit the potential biological impacts of the program, only 1,000 B 
Regular DAS per quarter (November through January, February through 
April, May through July, and August through October) would be allocated 
for use for the entire pilot program. These DAS would not be allocated 
to individual vessels, but would be used by vessels on a first-come, 
first-served basis.
    Vessels participating in this program would be required to be 
equipped with an approved Vessel Monitoring System (VMS). The vessel 
owner or operator would be required to notify the NMFS Observer Program 
at least 72 hours in advance of a trip in order to facilitate observer 
coverage. This notice would require reporting of the following 
information: The general area or areas that will be fished (GOM, GB, or 
Southern New England (SNE)), vessel name, contact name for coordination 
of observer deployment, telephone number of contact, date, time, and 
port of departure. Providing notice of the area that the vessel intends 
to fish would not restrict the vessel's activity to only that area on 
that trip, but would be used to plan observer coverage. Prior to 
departing on the trip, the vessel owner or operator would be required 
to notify NMFS via VMS that the vessel intends to participate in the 
Regular B DAS Pilot Program. There would be no specific area or gear 
requirements for participation, but vessels would not be allowed to 
fish on that trip in a SAP, in the Eastern U.S./Canada Area, or in a 
seasonal or year-round closed area, and would be required to comply 
with the gear requirements of the FMP. While fishing under a Regular B 
DAS in this

[[Page 55390]]

program, Regular B DAS would accrue at the rate of 1 DAS for each 
calendar day, or part of a calendar day, fished. For example, a vessel 
that left on a trip 1 hour before midnight on one day, and fished until 
1 hour after midnight on the next calendar day, would be charged 48 
hours of B Regular DAS. Vessels fishing in this program would be 
prohibited from discarding legal-sized regulated groundfish, and would 
be limited to landing 100 lb (45.4 kg) per DAS for each groundfish 
species of concern, with the exception of yellowtail flounder, which 
would have a landing limit of 25 lb (11.3 kg) per DAS. If a vessel 
harvests and brings on board legal-sized regulated groundfish in excess 
of the landing limits, the vessel operator would be required toretain 
the excess catch, and immediately notify NMFS via VMS in order to 
change its DAS category from a Regular B DAS to a Category A DAS (``DAS 
flip''). Although the Council proposed in FW 40-A that the DAS flip 
must occur at some time prior tothe vessel crossing the VMS demarcation 
line, NMFS is proposing that the DAS flip must occur immediately upon 
exceeding the landing limits in order to enhance the effectiveness and 
enforceability of this measure. Because the timing of notification of 
the DAS flip was not explicitly stated in FW 40-A, NMFS is highlighting 
this measure for comment. If a vessel flips from a Regular B DAS to a 
Category A DAS, it would be charged Category A DAS which would accrue 
to the nearest minute for the entire trip (i.e., not to the nearest 
day), and would be subject to the possession and landing restrictions 
that apply tothe fishery as a whole (i.e., not the Regular B DAS Pilot 
Program limits). In order toensure that a vessel would always have the 
ability to flip to a Category A DAS while fishing under a Regular B DAS 
(should it encounter a groundfish species of concern in an amount that 
exceeded the trip limit), the number of Regular B DAS that would be 
allowed to be used on a trip would be limited to the number of Category 
A DAS that the vessel has at the start of the trip. For example, if a 
vessel plans a trip under the Regular B DAS Pilot Program and has 5 
Category A DAS available, the maximum number of Regular B DAS that the 
vessel could fish on that trip under the Regular B DAS Pilot Program 
would be 5.
    NMFS would administer the 1,000 Regular B DAS maximum by monitoring 
the number of Regular B DAS accrued on trips that end under a Regular B 
DAS. Declaration of the trip through VMS would not serve to reserve a 
vessel's right to fish under a Regular B DAS. Once 1,000 Regular B DAS 
were used in a quarter, the Regular B DAS Pilot Program would end for 
that quarter.
    In order to limit the potential impact on fishing mortality that 
the use of Category B DAS (Regular B DAS or Reserve B DAS) may have on 
groundfish stocks of concern, a quarterly Incidental Total Allowable 
Catch (TAC) would be set for the groundfish stocks of concern, as 
summarized in the following table:

                          Proposed Incidental TACs for B Regular DAS Pilot Program (mt)
----------------------------------------------------------------------------------------------------------------
                                                    Nov 2004 to     Feb 2005 to     May 2005 to     Aug 2005 to
                Stocks of Concern                    Jan 2005        Apr 2005        Jul 2005        Oct 2005
----------------------------------------------------------------------------------------------------------------
GOM cod.........................................            48.5            48.5            63.5            63.5
GB cod..........................................           19.75           19.75           24.25           24.25
Cape Cod/GOM yellowtail flounder................               9               9            12.5            12.5
American plaice.................................            92.5            92.5              90              90
white hake......................................            38.5            38.5              38              38
Southern New England/Mid-Atlantic (SNE/MA)                  17.5            17.5            49.5            49.5
 yellowtail flounder............................
SNE/MA winter flounder..........................            71.5            71.5              89              89
witch flounder..................................           129.5           129.5             175             175
----------------------------------------------------------------------------------------------------------------

    With the exception of white hake, if the incidental TAC for any one 
of these species were caught during a quarter (landings plus discards), 
use of Regular B DAS in the pertinent stock area would be prohibited 
for the remainder of that quarter. Because several stocks of concern 
may be found in a given stock area, the closure of that stock area to 
the use of Regular B DAS would result in the prohibition of fishing 
under a Regular B DAS for any stock of concern in that stock area, even 
if there were TAC remaining for some of the stocks of concern for that 
quarter. All stock areas would reopen for the use of B Regular DAS at 
the beginning of the subsequent quarter. If the white hake incidental 
TAC were caught in a quarter, the possession of white hake would be 
prohibited when fishing under Regular B DAS in any stock area for the 
remainder of that quarter. White hake would be treated differently than 
the other stocks of concern because the stock area for white hake 
covers all the waters from GOM through SNE, and closure of its stock 
area to the use of Regular B DAS rather than prohibiting its 
possession, would unnecessarily curtail the Regular B DAS Pilot 
Program.
    This proposed program would allow the use of Regular B DAS by 
vessels fishing for species managed under other fishery management 
plans that require the use of a groundfish DAS to fish for, such as 
monkfish.
    Vessels fishing in the Regular B DAS Pilot Program would be 
required to report their catches of groundfish stocks of concern daily 
through VMS, including the amount of fish kept and discarded, by 
statistical area fished. Vessels fishing for species managed by other 
fishery management plans, and not landing groundfish would not be 
subject to this reporting requirement.
    The Administrator, Northeast Region, NMFS (Regional Administrator) 
would have the authority to prohibit the use of Regular B DAS for the 
duration of a quarter or fishing year, if it is projected that 
continuation of the Regular B DAS Pilot Program would undermine the 
achievement of the objectives of the FMP or the Regular B DAS Pilot 
Program, or if the level of observer coverage were insufficient to make 
such a projection.

2. CA I Hook Gear Haddock SAP

    This SAP would allow vessels with a limited access or open access 
NE multispecies permit to target haddock using longline or tub trawl 
gear, when fishing under either a Category A or B DAS within a defined 
portion of CA I during the period October 1 - December 31. A haddock 
TAC of 1,000 mt would be specified, and the SAP would close to all 
participants when the Regional Administrator projects that the TAC 
(landings and discards) has been caught. In order to limit the fishing 
mortality that the use of a Category B DAS may have on GB cod, an 
incidental GB cod TAC for vessels fishing under a Category B DAS in 
this SAP would be set at 16

[[Page 55391]]

percent of the overall incidental catch TAC for GB cod, which would be 
12.6 mt, 15.5 mt, and 20.3 mt for the 2004, 2005, and 2006 fishing 
years, respectively, based on current information. The percentages 
could be changed by a future management action, and the TACs would be 
recalculated in 2005, through the periodic adjustment process, to 
reflect the best available information. When the Regional Administrator 
projects that this incidental TAC has been caught, fishing in the SAP 
on a Category B DAS would no longer be allowed (for any participant). 
Vessels fishing on a trip in which they have declared into the Regular 
B DAS Pilot Program would be prohibited from fishing in this or any 
other SAP on the same trip.
    In order to enable the NMFS Observer Program to administer the 
deployment of observers in the SAP, a vessel intending to participate 
in this SAP would be required to notify NMFS by September 1 (with the 
exception of the 2004 fishing year) of its intention to fish in the 
program. For the 2004 fishing year, vessels would be required to notify 
the NMFS Observer Program by a date set by the Regional Administrator. 
Should a final rule adopting Framework 40-A be issued, NE multispecies 
permit-holders would be notified of the deadline through a letter that 
would be sent after issuance of such rule. Notification by vessels 
intending to participate in this SAP would not have to include specific 
information about the date of any trip into the SAP; the intent is 
simply to require that vessels declare their intent to articipate in 
the SAP. This information is intended to provide the NMFS Observer 
Program with an estimate of the total number of vessels that intend to 
participate in the SAP. If a vessel does not notify the NMFS Observer 
Program of its intent to participate in the SAP by the required date, 
it would not be allowed to participate in the SAP during that fishing 
year. If the Regional Administrator, based upon this estimated 
participation level, determines that funding is inadequate for the 
necessary level of observer coverage for both the GB Cod Hook Sector 
(Sector), and non-Sector vessels, the Sector would pay the additional 
costs required todeploy adequate levels of observers on the Sector 
vessels participating in this SAP. Vessels would be required to notify 
the NMFS Observer Program by telephone at least 72 hours prior to 
eaving on a trip to the SAP, and would be required to provide the 
following information: Vessel name; contact name for coordination of 
observer deployment; telephone number of contact; and date, time and 
port of departure. All vessels participating in this SAP, including 
open access vessels, would be required to be equipped with an approved 
VMS. Vessels would be required to declare into the SAP program via VMS 
and specify the type of DAS that would be used, prior to leaving port 
on a trip into the SAP.
    Vessels could use either a Category A or Category B (Regular or 
Reserve) DAS to participate in the SAP. If fishing on a Category A DAS, 
vessels could fish inside the SAP area and outside the SAP area on the 
same trip. Vessels fishing under a Category B DAS could not fish both 
inside and outside the SAP area on the same trip. Vessels fishing under 
a Category B DAS (and fishing only inside the SAP) would be exempt from 
the current limitation on the number of hooks fished. Specific 
requirements for the SAP would differ for Sector and non-Sector 
vessels. All non-Sector vessels would be required to report their 
catches (landings and discards) of haddock and groundfish stocks of 
concern daily via VMS. Limited access NE multispecies vessels that are 
not in the Sector would be limited to fishing a maximum of 4 DAS in the 
SAP on a single trip and would be subject to a cod possession limit of 
500 lb (226.8 kg) per DAS, with a maximum of 2,000 lb (907.2 kg) per 
trip. This landing limit would apply for the entire trip for any vessel 
participating in the SAP, whether using a Category A or Category B DAS. 
There is no flipping provision proposed for this SAP (i.e., vessels may 
not switch from using Category B to Category A DAS on a trip). Vessels 
participating in the SAP that have a limited access Handgear A or open 
access Handgear B permit would be restricted to 300 lb (136.1 kg) of 
cod per trip and 75 lb (34.0 kg) of cod per trip, respectively. For 
species other than cod, all vessels would be required to comply with 
the possession and trip limit restrictions currently specified in the 
regulations.
    Non-Sector vessels fishing both inside and outside of the SAP on 
the same trip (under a Category A DAS) would be restricted tothe gear 
limits that apply to the area outside the SAP, and would have to report 
the amount of haddock and groundfish stocks of concern caught (retained 
and discarded) when crossing the boundary into or out of the SAP area. 
Cod caught by a non-Sector vessel while fishing under a Category A DAS 
would not be counted against the incidental cod TAC. Cod catches while 
fishing under a Category B DAS would be counted against the incidental 
cod TAC.
    Sector vessels that fish in the CA I Hook Gear Haddock SAP would 
not be allowed to fish outside the SAP area on the same trip. All cod 
caught by Sector-vessels would count against the Sector's cod TAC and, 
in accordance with the Sector's Operations Plan, such vessels would be 
prohibited from discarding legal-sized cod and would be able to fish an 
unlimited number of hooks. Daily catch reports for each Sector vessel 
fishing in the SAP could be submitted by the Sector manager, rather 
than by the vessel.
    The Regional Administrator would have the authority to close the CA 
I Hook Gear Haddock Access Area for the duration of the season if the 
level of observer coverage is insufficient to project whether 
continuation of the SAP would undermine the achievement of the 
objectives of the FMP or the CA I Hook Gear Haddock SAP.

3. Eastern U.S./Canada Haddock SAP Pilot Program

    The Eastern U.S./Canada Haddock SAP Pilot Program would allow 
limited access NE multispecies DAS vessels fishing with trawl gear that 
complies with the gear requirements of the Eastern U.S./Canada Area 
(haddock separator trawl or flounder net) to target haddock using a 
Category B DAS, from May 1 December 31, in a portion of the Eastern 
U.S./Canada Area, including the northern-most tip of CA II. Under 
Amendment 13 (50 CFR Sec.  648.85(a)(3)(iii)), the Regional 
Administrator has the authority to modify the types of fishing gear 
allowed to be used in the Eastern U.S./Canada Area (to further reduce 
cod catch), which includes the area of the proposed SAP. The proposed 
pilot program would be in effect for 2 years from the date of 
implementation of the program. The SAP would close if the Regional 
Administrator projects that the haddock or cod TAC for the Eastern 
U.S./Canada Area has been caught (landings and discards). In order to 
limit the potential impact on fishing mortality that the use of 
Category B DAS may have on GB cod, an incidental GB cod incidental TAC 
would be specified that represents 34 percent of the overall incidental 
catch TAC for GB cod for fishing years 2004, 2005, and 2006 (27 mt, 33 
mt, and 43 mt, respectively, based on current information). The 
percentages could be changed by a future management action, and the 
incidental TACs would be recalculated in 2005, through the periodic 
adjustment process to reflect the best information available. 
Participation in the SAP by vessels using a Category B DAS would be

[[Page 55392]]

prohibited when the incidental catch TAC is projected to have been 
caught.
    The following measures proposed for this SAP would be the same as 
the current regulations governing the Eastern U.S./Canada Area: Vessels 
fishing in this SAP must have an approved VMS and would not be charged 
steaming time either to or from the Eastern U.S./Canada Area. Vessel 
owners or operators planning a trip into this SAP would be required to 
notify the NMFS Observer Program at least 72 hours prior to leaving on 
a trip into the SAP in order to facilitate observer coverage, and would 
be required to provide the following information to the Observer 
Program: Vessel name; contact name for coordination of observer 
deployment; telephone number of contact; and date, time, and port of 
departure. In addition, participating vessels would be required to 
declare into the SAP via VMS prior to departing on a trip into the SAP. 
Vessels would also be required to specify via VMS which areas within 
the Eastern U.S./Canada Area that they intend to fish in, and the type 
of DAS that would be used. Vessels would be allowed to transit through 
CA II in order to enable vessels full access to the Eastern U.S./Canada 
Area. Discarding of legal-sized cod while fishing under a Category B 
DAS would be prohibited, and the cod landing limit would be 1,000 lb 
(453.6 kg) per trip (Category A or B DAS), regardless of trip length. 
If a vessel fishing under a Category B DAS exceeded the cod landing 
limit, the owner or operator would be required to immediately notify 
NMFS via VMS and ``flip'' to a Category A DAS. Once a vessel flipped to 
a Category A DAS, the vessel would be required to comply with all 
landing restrictions that apply to Category A DAS. All vessels would be 
required to comply with the haddock possession limits in place at the 
time of the fishing trip, regardless of the type of DAS the vessel is 
fishing under. In order to ensure that while fishing under a Category B 
DAS the vessel would always have the potential flip to a Category A DAS 
(should it catch cod in an amount that exceeds the landing limit), the 
number of Category B DAS that it would be allowed to use on a trip 
would be limited to the number of Category A DAS that the vessel has at 
the start of the trip. For example, if a vessel plans a trip into the 
Eastern U.S./Canada Haddock SAP Pilot Program, and has 5 Category A DAS 
available, the maximum number of Category B DAS that it could fish 
under the Eastern U.S./Canada Haddock SAP Pilot Program would be 5.
    FW 40-A would change the cod landing limit for the CA II Yellowtail 
Flounder SAP from 100 lb (45.4 kg)/DAS and 1,000 lb (454 kg)/trip, to 
1,000 lb (454 kg)/trip, in order to make the cod possession limits in 
the Eastern U.S./Canada Haddock SAP Pilot Program the same as in the CA 
II Yellowtail Flounder SAP. Vessels fishing in the Eastern U.S./Canada 
Area could fish in any combination of areas within the Eastern U.S./
Canada Area, provided the area(s) is open and the vessel abides by the 
most restrictive regulations of the areas fished. For example, a vessel 
could fish in both the Eastern U.S./Canada Haddock SAP Pilot 
SAPProgram, and in the portion of the Eastern U.S./Canada Area that is 
not within a SAP on the same trip, provided the vessel fishes under a 
Category A DAS.
    The Regional Administrator would have the authority to close the 
Eastern U.S./Canada Haddock SAP Pilot Program for the duration of the 
season, if it is projected that continuation of the Eastern U.S./Canada 
Haddock SAP Pilot Program would undermine the achievement of the 
objectives of the FMP or the Eastern U.S./Canada Haddock SAP Pilot 
Program, or if the level of observer coverage is insufficient to make 
such a projection.

4. Combined Trips to the Western U.S./Canada Area

    Current regulations restrict groundfish DAS vessels that have 
declared a trip and are fishing in the Western U.S./Canada Area from 
fishing in areas outside of that area during the same trip, in order to 
ensure that there is an accurate attribution of landings to the 
appropriate stock and facilitate enforcement of the regulations. FW 40-
A proposes to provide more flexibility to vessels by allowing them to 
fish both inside and outside the Western U.S./Canada Area on the same 
trip, but not in the Eastern U.S./Canada Area. to address the concern 
of accurate attribution of landings to the appropriate stock, in 
addition to the current reporting requirements, vessels would be 
required to eport catches (landings and discards) of yellowtail 
flounder, by statistical area, when crossing into or out of the Western 
U.S./Canada Area, and to comply with the most restrictive landing 
limits associated with the areas fished during that trip. Vessels would 
be required to comply with all other Western U.S./Canada Area 
requirements for that trip.

Classification

    At this time, NMFS has not determined that the framework adjustment 
that this proposed rule would implement is consistent with the national 
standards of the Magnuson-Stevens Act and other applicable laws. NMFS, 
in making that determination, will take into account the data, views, 
and comments received during the comment period.
    This proposed rule has been determined to be significant for the 
purposes of E.O.Executive Order 12866.
    Pursuant to 5 USC 603 an IRFA has been prepared, which describes 
the economic impacts that this proposed rule, if adopted, would have on 
small entities. The proposed action would implement three new programs 
and modify the existing rules for vessels fishing in the Western U.S./
Canada Management Area in order to provide additional economic 
opportunities. The three programs include restrictions that would limit 
the biological impacts of the proposed action in order to be consistent 
with the rebuilding plans and objectives of the FMP. Current 
regulations under the FMP allow the development of such programs, 
provided they are consistent with the FMP objectives.
    The proposed alternative was compared to the No Action alternative 
and a single non-selected alternative for each of the three programs 
(non-selected Regular B DAS Pilot Program, non-selected CA I Hook Gear 
Haddock SAP, and non-selected CA II Haddock SAP Pilot Program). The No 
Action alternative is comprised of the management measures that were 
implemented by Amendment 13 on May 1, 2004. The non-selected Regular B 
DAS Pilot Program would implement measures for a shorter duration than 
the proposed program. The non-selected CA I Hook Gear Haddock SAP would 
be the same as the proposed SAP, with the exception that it would not 
require advance notice to the Observer Program. The non-selected CA II 
Haddock SAP Pilot Program would include a longer season, a more 
restrictive GB cod possession limit, and would not include a Category B 
DAS flipping requirement.
    A full description of the reasons why this action is being 
considered is found in the preamble to this proposed rule, and in the 
Executive Summary and Section 3.2 of FW 40-A. There are no Federal 
rules that may duplicate, overlap, or conflict with the proposed rule.

Description of and Estimate of the Number of Small Entities to which 
the Proposed Rule would Apply

    The proposed action would implement changes with the potential to 
affect any vessel holding a NE

[[Page 55393]]

multispecies limited access permit or an open access Handgear B permit 
(approximately 1,800 active vessels). It is very likely, however, that 
the proposed measures would impact substantially less than the to tal 
number of active permit holders, based upon historic and recent rates 
of participation in the fishery, and because the proposed programs are 
voluntary in nature, and have some associated regulatory and economic 
costs. Because the programs are voluntary, no small entity would be 
required to bear any additional regulatory or economic burden unless it 
chose to. It is likely that participating vessels would have reached a 
decision that the benefits of participating in the program would exceed 
the costs of participation.
    Based upon the information in FW 40-A, approximately 118 or more 
vessels may participate in the Regular B DAS Pilot Program, 60 vessels 
may participate in the CA II Hook Gear Haddock SAP, and approximately 
86 vessels may participate in the Eastern U.S./Canada Haddock SAP Pilot 
Program. Up to 236 vessels could choose to fish both inside and outside 
of the Western U.S./Canada Management Area on the same trip.
    The Small Business Administration (SBA) size standard for small 
commercial fishing entities is $ 3.5 million in gross receipts and 
would apply to limited access permit holders and open access Handgear 
permits holders. Data analyzed for Amendment 13 indicated that the 
maximum gross receipts for any single commercial fishing vessel for the 
period 1998 to 2001 was $ 1.3 million. For this reason, each vessel in 
this analysis is treated as a single entity for purposes of size 
determination and impact assessment. All commercial fishing entities 
would fall under the SBA size standard for small commercial fishing 
entities, and there would be no disproportionate impacts between small 
and large entities.

Economic Impacts of Proposed Action

    The proposed action would implement a B Regular DAS pilot program 
which would allow limited access NE multispecies vessels to target 
relatively healthy groundfish stocks, using Regular B DAS, thereby, 
relieving some economic constraints caused by the current regulations. 
A total of 1,000 Regular B DAS per calendar quarter would be allocated 
to the Regular B DAS Pilot Program, beginning November 1, 2004. 
Incidental TACs for eight groundfish stocks of concern would be set on 
a quarterly basis, and participating vessels would be required to use a 
VMS and report catches (both landings and discards) of the stocks of 
concern via the VMS on a daily basis. The economic impact of the 
program will depend on the types of fisheries defined by where, when, 
and how vessels decide to fish, and the resulting catch rates of 
groundfish stocks of concern. Examination of recorded trips taken in 
fishing year 2001 indicate that there are opportunities to fish in 
several different stock areas with low catches of stocks of concern. 
Average daily revenues from the GB trawl fishery are estimated to be at 
least $ 2,200. Revenue estimates range from a low of $ 688 (GOM trawl 
fishery) to a high of nearly $ 3,000 per day (GB trawl fishery). 
Although these estimates suggest the potential value of being able to 
use B Regular DAS, the actual economic gains may be very different if 
vessels pursue fisheries that were not identified in the analysis. In 
addition, even if these average revenues are accurate estimates, the 
full benefits from the Regular B DAS Pilot Program may not be realized 
for two reasons: (1) The incidental catch TACs may limit the duration 
of the program in each quarter by reducing or eliminating the 
opportunities to use Regular B DAS; and (2) the DAS flipping 
requirement may decrease trip profitability or negatively impact the 
availability of Category A DAS to be used by that vessel elsewhere.
    The proposed action would implement the CA I Hook Gear Haddock SAP 
which would allow NE multispecies vessels fishing with hook gear the 
opportunity to access haddock in a portion of CA I from October through 
December. Approximately 50 Sector, and 10 non-Sector vessels may 
participate in this program. Based upon the proposed haddock TAC of 
1,000 mt, and an average of 5,000 lb (2268 kg) of haddock kept per 
trip, approximately 441 trips could be taken into this SAP. At an 
average haddock price of $ 1.05 per lb, and average variable costs of $ 
364 per day, the potential revenue from fishing in the SAP is $ 2.5 
million, with a vessel profit of $ 1.5 million (after subtracting 
variable costs and crew share). Dividing this profit among 60 potential 
hook vessels results in a vessel profit of $ 25,729. If all 
participating vessels needed to purchase a VMS system at a cost of $ 
3,995 installed, which is at the high end of the cost range for 
available VMS systems, the profit would be reduced to $ 22,829 per 
vessel. Regardless of the precise split of the potential harvest 
between Sector and non-Sector vessels, all participating hook vessels 
could benefit from an economic surplus.
    The proposed action would also implement the CA II Haddock SAP 
Pilot Program, which would allow limited access groundfish vessels the 
opportunity to use Category B DAS to target haddock in a designated 
portion of the Eastern U.S./Canada Area. Most of the benefits would be 
limited to relatively large vessels, due to the offshore location of 
the SAP Pilot Program. Participating vessels would be subject to the 
existing requirements of the Eastern U.S./Canada Area, including the 
requirement to use either a haddock separator trawl or flounder net, 
and use of a VMS. Total revenue would be limited by the GB cod and 
haddock TACs already set for the Eastern U.S./Canada Management Area. 
The potential revenue of participating vessels under the proposed pilot 
program was calculated based upon historic landings compositions. The 
average estimated revenue per vessel is $ 32,095 per trip, and ranges 
from $ 22,571 to $ 34,586 per trip. Smaller vessels would generate less 
revenue than larger vessels. The average vessel revenue is estimated to 
be $ 4,527 per day, and ranges from $ 3,060 to $ 4,751 per day. These 
averages are higher than the average revenues on groundfish trips 
reported in the break-even analysis in Amendment 13; one can infer that 
the proposed SAP would provide vessels with greater opportunity to 
remain profitable.
    The proposed action would also relax current restrictions in order 
to allow vessels to fish both inside and outside of the Western U.S./
Canada Area on the same trip. Although Vessel Trip Report data indicate 
that fishing in multiple statistical areas is not a common occurrence, 
observer data and fisher's comments indicate that some vessels do fish 
in multiple statistical areas on the same trip. Based upon industry 
comments, this proposed regulatory change would reduce the risk of an 
unprofitable trip into the Western U.S./Canada Area.
    The aggregate economic benefits of the opportunities proposed in FW 
40-A would include revenue from harvest of the targeted stocks, as well 
as from harvest under the incidental TACs.

Economic Impacts of Alternatives tothe Proposed Action

    The No Action alternative would provide no new opportunities for 
economic benefits above the current level. Under the No Action 
alternative, vessels would not be able to fish as many B DAS, or in 
currently closed areas, and would therefore forgo potential revenues. 
Selection of the No Action alternative would mean no

[[Page 55394]]

fishing opportunities under the Regular B DAS Pilot Program, and the 
loss of potential average revenues of $ 2,000 per day. Selection of the 
No Action alternative would mean no fishing opportunities under the 
Closed Area I Hook Gear Haddock SAP, and the loss of potential profits 
of $ 25,000 for each of approximately 60 participating vessels. 
Similarly, potential average revenue from the Eastern U.S./Canada 
Haddock SAP Pilot Program that would be unavailable under the No Action 
alternative is estimated to be $ 4,500 per day absent.
    The non-selected Regular B DAS Pilot Program alternative would 
implement the program for only two calendar quarters and, therefore, 
would provide less economic benefits than the proposed Regular B DAS 
Pilot Program. Secondly, due to the shorter duration of the non-
selected program, less information would be obtained for the potential 
development of a future program. The non-selected CA I Hook Gear 
Haddock SAP would not require advance notice to the Observer Program, 
and would therefore be less burdensome to small entities, but would 
also fail to account for the logistical needs of the Observer Program. 
The non-selected Eastern U.S./Canada Haddock SAP Pilot Program proposes 
a different season for the SAP, a more restrictive cod possession 
limit, and no DAS flipping requirement. Taken as a whole, the proposed 
action may provide greater opportunity to retain cod, and may meet the 
conservation objectives of the FMP more effectively by not allowing 
fishing in the SAP during months that are important for GB cod 
spawning.

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

Reporting and Recordkeeping Requirements
    The proposed measures in FW 40-A include the following provisions 
requiring either new or revised reporting and recordkeeping 
requirements: (1) VMS purchase and installation; (2) VMS proof of 
installation; (3) automated VMS polling of vessel position once per 
hour when fishing in the Regular B DAS Pilot Program; (4) revised 
automated VMS polling of vessel position twice per hour when fishing in 
the U.S./Canada Management Area or the Eastern U.S./Canada SAP Pilot 
Program; (5) automated VMS polling of vessel position twice per hour 
when fishing in the CA I Hookgear Haddock SAP; (6) SAP area and DAS use 
declaration via VMS prior to each trip into a SAP; (7) revised estimate 
of the area and DAS use declaration via VMS prior to each trip into the 
CA I Hookgear Haddock SAP; (8) DAS ``flip'' notification via VMS for 
the Regular B DAS Pilot Program; (9) DAS ``flip'' notification via VMS 
for the Eastern U.S./Canada Haddock SAP Pilot Program; (10) notice 
requirements for observer deployment prior to every trip into the 
Regular B DAS pilot program; (11) revised estimate of the notice 
requirements for observer deployment prior to every trip into the CA I 
Hookgear Haddock SAP; (12) daily electronic catch and discard reports 
of stocks of concern when fishing under the Regular B DAS pilot 
program; (13) daily electronic catch and discard reports of GB cod and 
GB haddock for vessels not participating in the GB Cod Hook Sector when 
fishing under the CA I Hookgear Haddock SAP; and (14) daily electronic 
catch and discard reports of GB yellowtail flounder when fishing on a 
combined trip into the Western U.S./Canada Area.
    The measures proposed under FW 40-A would require vessels touse 
VMS. Costs not previously authorized under the Paperwork Reduction Act 
(PRA) involved with VMS operation include monthly operational costs 
associated with fees charged by the individual VMS vendor for satellite 
connection, as well as service and maintenance charges. The cost of the 
purchase and installation of VMS units to vessels participating in the 
NE multispecies fishery were considered and approved in a previous PRA 
submission. NMFS has currently certified two vendors to provide VMS 
services. A conservative cost estimate, based on operational charges 
for the Boatracs VMS vendor, is approximately $ 100 per month for each 
NE multispecies vessel. Therefore, the yearly operational costs, per 
vessel, for VMS usage under the proposed provisions in FW 40-A are 
$1,200. This represents the only compliance costs associated with this 
action.

Public Reporting Burden

    This proposed rule contains collection of information requirements 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). These requirements have been submitted to OMB for approval. 
Public reporting burden for these collections of information are 
estimated toaverage as follows:
    1. VMS purchase and installation, OMB 0648-0202 (1 hr/
response);
    2. VMS proof of installation, OMB 0648-0202 (5 min/
response);
    3. Automated VMS polling of vessel position once per hour when 
fishing in the Regular B DAS pilot program, OMB 0648-0202 (5 
sec/response);
    4. Revised automated VMS polling of vessel position twice per hour 
when fishing in the U.S./Canada Management Area or the Eastern U.S./
Canada Haddock SAP Pilot Program OMB 0648-0202 (5 sec/
response);
    5. Revised automated VMS polling of vessel position twice per hour 
when fishing in the CA I Hookgear Haddock SAP, OMB 0648-0202 
(5 sec/response);
    6. SAP area and DAS use declaration via VMS prior to each trip into 
a SAP, OMB 0648-0202 (5 min/response);
    7. Revised estimate of the area and DAS use declaration via VMS 
prior to each trip into the CA I Hookgear Haddock SAP, OMB 
0648-0202 (5 min/response);
    8. DAS ``flip'' notification via VMS for the Regular B DAS pilot 
program, OMB 0648-0202 (5 min/response);
    9. DAS ``flip'' notification via VMS for the CA II Haddock SAP, 
OMB 0648-0202 (5 min/response);
    10. Notice requirements for observer deployment prior to every trip 
into the Regular B DAS Pilot Program OMB 0648-0202, (2 min/
response);
    11. Revised estimate of the notice requirements for observer 
deployment prior to every trip into the CA I Hookgear Haddock SAP, 
OMB 0648-0202 (2 min/response);
    12. Daily electronic catch and discard reports of stocks of concern 
when fishing under the Regular B DAS Pilot Program OMB 0648-
0212, (0.25 hr/response);
    13. Daily electronic catch and discard reports of GB cod and GB 
haddock for vessels not participating in the GB Cod Hook Sector when 
fishing under the CA I Hookgear Haddock SAP, OMB 0648-0212 
(0.25 hr/response); and
    14. Daily electronic catch and discard reports of GB yellowtail 
flounder when fishing on a combined trip into the Western U.S./Canada 
Area, OMB 0648-0212 (0.25 hr/response).
    These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection information.
    Public comment is sought regarding: Whether this 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 collection of 
information,

[[Page 55395]]

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 and to OMB (see 
ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall 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.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 8, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheriers 
Service.
    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.2, new definitions for ``DAS flip'' and 
``Incidental Total Allowable Catch (TAC)'' are added in alphabetical 
order, to read as follows:


Sec.  648.2  Definitions.

* * * * *
    DAS flip, with respect to the NE multispecies fishery, means ending 
fishing under a Regular B DAS and begining fishing under a Category A 
DAS.
* * * * *
    Incidental Total Allowable Catch (TAC), with respect to the NE 
multispecies fishery, means the total amount of catch (both kept and 
discarded) of a regulated groundfish stock of concern that can be taken 
by vessels fishing under Category B DAS.
* * * * *
    3. In Sec.  648.9, paragraph (c)(1)(ii) is revised to read as 
follows:


Sec.  648.9  VMS requirements.

* * * * *
    (c) * * *
    (1) * * *
    (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, and as specified 
in Sec.  648.85(a)(1), for each groundfish trip that the vessel has 
elected to fish in the CA I Hook Gear Haddock SAP.
* * * * *
    4. In Sec.  648.10, paragraphs (b)(1)(vi) and (vii) are added, and 
paragraph (b)(3)(i) is revised to read as follows:


Sec.  648.10  DAS notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (vi) A vessel electing to fish under the Regular B DAS Pilot 
Program, as specified in Sec.  648.85(b)(6).
    (vii) A vessel electing to fish in the CA I Hook Gear Haddock SAP, 
as specified in Sec.  648.85(b)(7).
* * * * *
    (3) * * *
    (i) A vessel issued a limited access NE multispecies, monkfish, 
occasional scallop, or Combination permit must use the call-in system 
specified in paragraph (c) of this section, unless the owner of such 
vessel has elected to one or more of the following activities:
    (A) Provide the notifications required by this paragraph (b), 
through VMS as specified under paragraph (b)(3)(iii) of this section; 
or
    (B) Fish in the Eastern U.S./Canada Area or Western U.S./Canada 
Area as described in Sec.  648.85(a)(2)(i); or
    (C) Fish under the Regular B DAS Pilot Program specified at Sec.  
648.85(a)(6); or
    (D) Fish in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(a)(7).
* * * * *
    5. In Sec.  648.14, paragraphs (a)(39), (a)(104), (a)(130), and 
(a)(142)-(152), and paragraphs (c)(8) and (c)(50) are revised; and 
paragraphs (c)(51)-(c)(78) 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) and (i).
* * * * *
    (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), (f)(2)(iii), 
or as authorized under Sec.  648.85.
* * * * *
    (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, 
unless in compliance with the restrictions under Sec.  
648.85(a)(3)(ii), or enter or exit the declared area more than once per 
trip.
* * * * *
    (142) If the vessel has been issued a limited access NE 
multispecies DAS permit and is in the area specified in Sec.  
648.85(b)(8)(ii), fail to comply with the VMS requirements in Sec.  
648.85(b)(8)(v)(B).
    (143) If fishing under a NE multispecies DAS, enter or fish in the 
Eastern U.S./Canada Haddock SAP Pilot Program Area specified in Sec.  
648.85(b)(8)(ii), unless declared into the area in accordance with 
Sec.  648.85(b)(8)(v)(D).
    (144) Enter or fish in the Eastern U.S./Canada Haddock SAP Pilot 
Program outside of the season specified in Sec.  648.85(b)(8)(iv).
    (145) If fishing under a NE multispecies DAS in the Eastern U.S./
Canada Haddock SAP Pilot Program, exceed the possession limits 
specified in Sec.  648.85(b)(8)(v)(H).
    (146) If fishing under the Eastern U.S./Canada Haddock SAP Pilot 
Program, fish for, harvest, possess or land any regulated NE 
multispecies from the area specified in Sec.  648.85(b)(8)(ii), unless 
in compliance with the restrictions and conditions specified in Sec.  
648.85(b)(8)(v)(A) through (G).
    (147) If fishing under a NE multispecies DAS in the Eastern U.S./
Canada Area specified in Sec.  648.85(a)(1), both outside and inside of 
the areas specified for a SAP under Sec.  648.85(b)(3) and (8), fail to 
abide by the DAS and possession restrictions under Sec.  
648.85(b)(8)(v)(A)(2) through (4).
    (148) If fishing under a NE multispecies DAS in the Eastern U.S./
Canada Haddock SAP Area specified in Sec.  648.85(b)(8)(ii), during the 
season specified in Sec.  648.85(b)(8)(iv), fail to comply with the 
restrictions specified in Sec.  648.85(b)(8)(v).
    (149) If fishing under a NE multispecies DAS in the Eastern U.S./
Canada Area specified in Sec.  648.85(a)(1)(ii), and not in a SAP 
specified in Sec.  648.85(b) on the same trip, fail to comply with the 
requirements specified in Sec.  648.85(a)(3).
    (150) If fishing under a NE multispecies DAS in the Eastern U.S./
Canada Area specified in Sec.  648.85(a)(1)(ii), and in one of the SAPs 
specified in Sec.  648.85(b)(3) or (8), fail to comply with the no 
discard and DAS flip provisions specified in Sec.  648.85(b)(8)(v)(I) 
or the minimum Category A DAS requirement specified in Sec.  
648.85(b)(8)(v)(J).
    (151) If fishing in the Eastern U.S./Canada Haddock SAP Pilot 
Program specified in Sec.  648.85(b)(8), fail to comply with the 
reporting requirements specified in Sec.  648.85(b)(8)(v)(G).

[[Page 55396]]

    (152) If fishing under the Eastern U.S./Canada Haddock SAP Pilot 
Program specified in Sec.  648.85(b)(8), fail to comply with the 
observer notification requirements specified in Sec.  
648.85(b)(8)(v)(C).
* * * * *
    (c) * * *
    (8) Fail to comply with the restrictions on fishing and gear 
specified in Sec.  648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and 
(c)(2)(iv) if the vessel has been issued a limited access NE 
multispecies permit and fishes with hook-gear in areas specified in 
Sec.  648.80(a), (b), or (c), unless allowed under Sec.  
648.85(b)(7)(iv)(F).
* * * * *
    (50) Discard legal-sized regulated multispecies while fishing under 
a Regular B DAS in the Regular B DAS Pilot Program, as described in 
Sec.  648.85(b)(6).
    (51) If fishing under a Regular B DAS in the Regular B DAS Pilot 
Program, fail to comply with the DAS flip requirements of Sec.  
648.85(b)(6)(iv)(E) if the vessel harvests and brings on board more 
than the landing limit for a groundfish stock of concern specified in 
Sec.  648.85(b)(6)(iv)(D).
    (52) If declared to fish under a Regular B DAS in the Regular B DAS 
Pilot Program, fail to have the minimum number of Category A DAS 
available as required in Sec.  648.85(b)(6)(iv)(F).
    (53) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area, 
and other portions of the Eastern U.S./Canada Area on the same trip, 
fail to comply with the restrictions in Sec.  648.85(b)(8)(v)(A).
    (54) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area, 
discard legal-sized cod while fishing under a Category B DAS, as 
described in Sec.  648.85(b)(8)(v)(I).
    (55) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area 
under a Category B DAS, fail to comply with the DAS flip requirements 
of Sec.  648.85(b)(8)(v)(I), if the vessel possesses more than the 
landing limit for cod specified in Sec.  648.85(b)(8)(v)(F).
    (56) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area 
under a Category B DAS, fail to have the minimum number of Category A 
DAS available as required under Sec.  648.85(b)(8)(v)(J).
    (57) If fishing in the Regular B DAS Pilot Program specified in 
Sec.  648.85(b)(6), fail to comply with the requirements and 
restrictions specified in Sec.  648.85(b)(6)(iv)(A) through (F), and 
(I).
    (58) If fishing in the Regular B DAS Pilot Program specified in 
Sec.  648.85(b)(6), fail to comply with the VMS requirement specified 
in Sec.  648.85(b)(6)(iv)(A).
    (59) If fishing in the Regular B DAS Pilot Program specified in 
Sec.  648.85(b)(6), fail to comply with the observer notification 
requirement specified in Sec.  648.85(b)(6)(iv)(B).
    (60) If fishing in the Regular B DAS Pilot Program specified in 
Sec.  648.85(b)(6), fail to comply with the VMS declaration requirement 
specified in Sec.  648.85(b)(6)(iv)(C).
    (61) If fishing in the Regular B DAS Pilot Program specified in 
Sec.  648.85(b)(6), fail to comply with the landing limits specified in 
Sec.  648.85(b)(6)(iv)(D).
    (62) If fishing in the Regular B DAS Pilot Program specified in 
Sec.  648.85(b)(6), fail to comply with the no discard and DAS flip 
requirements specified in Sec.  648.85(b)(6)(iv)(E).
    (63) If fishing in the Regular B DAS Pilot Program specified in 
Sec.  648.85(b)(6), fail to comply with the minimum Category A DAS and 
Category B DAS accrual requirements specified in Sec.  
648.85(b)(6)(iv)(F).
    (64) Use a Regular B DAS in the Regular B DAS Pilot Program 
specified in Sec.  648.85(b)(6), if the program has been closed as 
specified in Sec.  648.85(b)(6)(iv)(H) or (b)(6)(vi).
    (65) If fishing in the Regular B DAS Pilot Program specified in 
Sec.  648.85(b)(6), use a Regular B DAS in a stock area that has been 
closed, as specified in Sec.  648.85(b)(6)(iv)(G).
    (66) If fishing in the Regular B DAS Pilot Program specified in 
Sec.  648.85(b)(6), fail to comply with the reporting requirements 
specified in Sec.  648.85(b)(6)(iv)(I).
    (67) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the requirements and conditions 
specified in Sec.  648.85(b)(7)(iv)(A) through (H).
    (68) If fishing in the CA I Hook Gear Haddock Access Area specified 
in Sec.  648.85(b)(7)(ii), fail to comply with the requirements and 
conditions specified in Sec.  648.85(b)(7)(i) and (b)(7)(iv)(A) through 
(H).
    (69) Fish in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(b)(7), outside of the season specified in Sec.  
648.85(b)(7)(iii).
    (70) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the DAS use restrictions 
specified in Sec.  648.85(b)(7)(iv)(A).
    (71) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the VMS requirements specified 
in Sec.  648.85(b)(7)(iv)(B).
    (72) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the observer notification 
requirements specified in Sec.  648.85(b)(7)(iv)(C).
    (73) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the VMS declaration requirement 
specified in Sec.  648.85(b)(7)(iv)(E).
    (74) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the gear restrictions specified 
in Sec.  648.85(b)(7)(iv)(F).
    (75) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the landing limits specified in 
Sec.  648.85(b)(7)(iv)(G).
    (76) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the reporting requirement 
specified in Sec.  648.85(b)(7)(iv)(H).
    (77) Fish in the CA I Hook Gear Haddock Access Area specified in 
Sec.  648.85(b)(7)(ii), if that area is closed as specified in Sec.  
648.85(b)(7)(iv)(K) or (b)(7)(v).
    (78) Fish in the U.S./Canada Haddock SAP Pilot Program specified in
    Sec.  648.85(b)(8), if the SAP Pilot Program is closed as specified 
in Sec.  648.85(b)(8)(v)(K) or (L).
* * * * *
    6. In Sec.  648.81, paragraphs (b)(2)(iii), (b)(2)(iv) and (i) are 
revised to read as follows:


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

* * * * *
    (b) * * *
    (2) * * *
    (iii) Fishing in the CA II Yellowtail Flounder SAP or the Eastern 
U.S./Canada Haddock SAP Pilot Program as specified in Sec.  
648.85(b)(3) and (8), respectively; or
    (iv) Transiting the area, provided the vessel's fishing gear is 
stowed in accordance with the provisions of Sec.  648.23(b); and
    (A) The operator has determined, and a preponderance of available 
evidence indicates, that there is a compelling safety reason; or
    (B) The vessel has declared into the Eastern U.S./Canada Area as 
specified in Sec.  648.85(a)(3)(ii) and is transiting CA II in 
accordance with the provisions of Sec.  648.85(a)(3)(vii).
* * * * *
    (i) Transiting. A vessel may transit CA I, the Nantucket Lightship 
Closed Area, the Cashes Ledge Closed Area, the Western GOM Closure 
Area, the GOM Rolling Closure Areas, the GB Seasonal

[[Page 55397]]

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, unless otherwise restricted, provided 
that its gear is stowed in accordance with the provisions of Sec.  
648.23(b). A vessel may transit CA II, as defined in paragraph (b)(2) 
of this section, in accordance with paragraph (b)(2)(iv) of this 
section.
* * * * *
    7. In Sec.  648.82, paragraphs (d)(2)(i)(A) and (j)(1)(iii) are 
revised, and paragraph (e)(3) is added to read as follows:


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

* * * * *
    (d) * * *
    (2) * * *
    (i) * * *
    (A) Restrictions on use. Regular B DAS can only be used by NE 
multispecies vessels in an approved SAP or in the Regular B DAS Pilot 
Program as specified in Sec.  648.85(a)(6). Vessels may not fish under 
both a Regular B DAS and a Reserve B DAS on the same trip. Vessels that 
are required by another fishery management plan (i.e., not the NE 
multispecies FMP) to utilize a multispecies DAS, as specified under 
Sec.  648.92(b)(2), may elect to use a Category B DAS to satisfy that 
requirement.
* * * * *
    (e) * * *
    (3) For vessels electing to fish in the Regular B DAS Pilot 
Program, as specified at Sec.  648.85(a)(6), and that remain fishing 
under a Regular B DAS for the entire fishing trip (without a DAS flip), 
DAS used will accrue at the rate of 1 full DAS for each calendar day, 
or part of a calendar day, fished. For example, a vessel that fished on 
one calendar day from 6 a.m. to 10 p.m. would be charged 24 hours of 
Regular B DAS, not 16 hours; a vessel that left on a trip 1 hour before 
midnight on the first calendar day and that fished until 1 hour after 
midnight of the next calendar day would be charged 48 hours of Regular 
B DAS because the fishing triop would have spanned 2 calendar days.
* * * * *
    (j) * * *
    (1) * * *
    (iii) Method of counting DAS. Unless electing to fish in the 
Regular B DAS Pilot Program specified in Sec.  648.85(a)(6), and 
therefore subject to the DAS accrual provisions of Sec.  648.82(e)(3), 
Day gillnet vessels fishing with gillnet gear under a NE multispecies 
DAS will accrue 15 hours of 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.
* * * * *
    8. In Sec.  648.85, paragraphs (a)(3)(ii), (a)(3)(iv)(A), 
(a)(3)(v), and (b)(3)(viii) are revised; and paragraphs 
(a)(3)(iv)(C)(4), (a)(3)(v)(A) and (B), (a)(3)(vii), and (b)(5) through 
(b)(8) are added to read as follows:


Sec.  648.85  Special management programs.

* * * * *
    (a) * * *
    (3) * * *
    (ii) Declaration. A NE multispecies DAS vessel that intends 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) of this section, within the 
U.S./Canada Management Area, through the VMS, in accordance with 
instructions to be provided by the Regional Administrator and comply 
with the restrictions and conditions in paragraphs (a)(3)(ii)(A) 
through (C) of this section. Vessels other than NE multispecies DAS 
vessels are not required todeclare into the U.S./Canada Areas.
    (A) A vessel fishing under a NE multispecies DAS in the Eastern 
U.S./Canada Area may not fish, during the same trip, outside of the 
Eastern U.S./Canada Area, and may not enter or exit the Eastern U.S./
Canada Area more than once on any trip.
    (B) A vessel fishing under a NE multispecies DAS in the Western 
U.S./Canada Area may fish inside and outside the Western U.S./Canada 
Area on the same trip, provided it does not enter or exit the area more 
than once on any trip, and complies with the possession restrictions 
specified in paragraph (a)(3)(iv)(C)(4) of this section, and the 
reporting requirements specified in Sec.  648.85(a)(3)(v).
    (C) For the purposes of selecting vessels for observer deployment, 
a vessel fishing in either of the U.S./Canada Management 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; and the date, time, and port 
of departure, at least 72 hr prior to the beginning of any trip that it 
declares into the U.S./Canada Management Area as required under this 
paragraph (a)(3)(ii).
* * * * *
    (iv) * * *
    (A) Cod landing limit restrictions. Notwithstanding other 
applicable possession and landing restrictions under this part, a NE 
multispecies vessel 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. A 
vessel fishing in both the Eastern U.S./Canada Area and either the CA 
II Yellowtail Flounder SAP or the Eastern U.S./Canada Haddock SAP Pilot 
Program on the same trip must comply with the cod possession 
restrictions for those programs, as specified in paragraphs (b)(3) and 
(8) of this section, respectively.
* * * * *
    (C) * * *
    (4) Yellowtail flounder landing limit for vessels fishing both 
inside and outside the Western U.S./Canada Area on the same trip. A 
vessel fishing both inside and outside of the Western U.S./Canada Area 
on the same trip, as allowed under paragraph (a)(3)(ii)(B) of this 
section, is subject to the most restrictive landing limits that apply 
to any of the areas fished.
* * * * *
    (v) Reporting. The owner or operator of a NE multispecies DAS 
vessel must submit reports via 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 include at least the information specified in paragraphs 
(a)(3)(v)(A) and (B) of this section, depending on area fished. The 
reports must be submitted in 24-hr intervals for each day, beginning at 
0000 hr and ending at 2400 hr, and must be submitted by 0900 hr of the 
following day.
    (A) Eastern U.S./Canada Area. For a vessel 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 pounds of cod, haddock and yellowtail flounder kept; 
and total pounds of cod, haddock, and yellowtail flounder discarded.
    (B) Western U.S./Canada Area. For a vessel 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 pounds of yellowtail flounder kept and total

[[Page 55398]]

pounds of yellowtail flounder discarded. In addition to these reporting 
requirements, a vessel that has declared that it intends to fish both 
inside and outside of the Western U.S./Canada Area on the same trip, in 
accordance with paragraph (a)(3)(ii) of this section, must report via 
VMS the following information when crossing the boundary into or out of 
the Western U.S./Canada Area: Total pounds of yellowtail flounder kept, 
by statistical area, and total pounds of yellowtail flounder discarded, 
by statistical area, since the last daily catch report.
* * * * *
    (vii) Transiting. A multispecies DAS vessel declared into the 
Eastern U.S./Canada Area as defined in paragraph (a)(1)(ii) of this 
section, and not fishing in the CA II Yellowtail Flounder SAP described 
in paragraph (b)(3) of this section, may transit the CA II Yellowtail 
Flounder SAP as described in paragraph (b)(3)(ii) of this section, 
provided all fishing gear is stowed in accordance with the regulations 
at Sec.  648.23(b).
    (b) * * *
    (3) * * *
    (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 CA II Yellowtail Flounder SAP may fish for, 
possess, and land up to 30,000 lb (13,608 kg) of yellowtail flounder 
per trip, and may not fish for, possess, or land more than 1,000 lb 
(453.6 kg) of cod per trip, regardless of trip length.
* * * * *
    (5) Incidental TACs. Unless otherwise specified in this paragraph 
(b)(5), incidental TACs will be specified through the periodic 
adjustment process described in Sec.  648.90, and allocated as 
described in paragraph (b)(5) of this section, for each of the 
following stocks: GOM cod, GB cod, CC/GOM yellowtail flounder, American 
plaice, white hake, SNE/MA yellowtail flounder, SNE/MA winter flounder, 
and witch flounder. NMFS will send letters to limited access NE 
multispecies permit holders notifying them of such TACs.
    (i) Stocks other than GB cod. With the exception of GB cod, the 
incidental TACs specified under this paragraph (b)(5) shall be 
allocated to the Regular B DAS Pilot Program described in paragraph 
(b)(6) of this section.
    (ii) GB cod. The incidental TAC for GB cod specified in this 
paragraph (b)(5), shall be subdivided as follows: 50 percent to the 
Regular B DAS Pilot Program, described in paragraph (b)(6) of this 
section; 16 percent to the CA I Hook Gear Haddock SAP, described in 
paragraph (b)(7) of this section; and 34 percent to the Eastern U.S./
Canada Haddock SAP Pilot Program, described in paragraph (b)(8) of this 
section.
    (6) B Regular DAS Pilot Program--(i) Eligibility. Vessels issued a 
valid limited access NE multispecies DAS permit and allocated Regular B 
DAS are eligible to participate in the Regular B DAS Pilot Program for 
the period specified in paragraph (b)(6)(ii) of this section, and may 
elect to fish under a Regular B DAS, provided they comply with the 
requirements and restrictions of this paragraph (b)(6), and provided 
the use of Regular B DAS is not restricted according toparagraphs 
(b)(6)(iv)(G) or (H), or paragraph (b)(6)(vi) of this section. Vessels 
are required tocomply with the no discarding and DAS flip requirements 
specified in paragraph (b)(6)(iv)(E) of this section, and the DAS 
balance and accrual requirements specified in paragraph (b)(6)(iv)(F) 
of this section. Vessels may not fish under the B Regular DAS Pilot 
program in the Eastern U.S./Canada Area.
    (ii) Duration of program. Fishing under this program may only occur 
from November 1, 2004, through October 31, 2005.
    (iii) Quarterly incidental catch TACs. The incidental catch TACs 
specified in accordance with paragraph (b)(5) of this section shall be 
divided into quarterly catch TACs.
    (iv) Program requirements--(A) VMS requirement. A NE multispecies 
DAS vessel fishing in the Regular B DAS Pilot Program described in 
paragraph (b)(6)(i) 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.
    (B) Observer notification. 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; the date, time, and port of departure; 
and the planned fishing area or areas (GOM, GB, or SNE/MA) at least 72 
hr prior to the beginning of any trip that it declares into the Regular 
B DAS Pilot Program as required under paragraph (b)(6)(iv)(C) of this 
section, and in accordance with instructions provided by the Regional 
Administrator.
    (C) VMS declaration. Prior to departure from port, a vessel 
intending to participate in the Regular B DAS Pilot Program and to fish 
under a Regular B DAS must declare into the Program via the VMS, in 
accordance with instructions provided by the Regional Administrator. A 
vessel declared into the Regular B DAS Pilot Program cannot fish in an 
approved SAP described under this section on the same trip.
    (D) Landing limits. A NE multispecies vessel fishing in the Regular 
B DAS Pilot Program described in this paragraph (b)(6), and fishing 
under a Regular B DAS, may not land more than 100 lb (45.5 kg) per DAS, 
or any part of a DAS, up to a maximum of 1,000 lb (454 kg) per trip, of 
any of the following species: Cod, American plaice, white hake, witch 
flounder, ocean pout, winter flounder and windowpane flounder. Such 
vessels may not land more than 25 lb (11.3 kg) per DAS, or any part of 
a DAS, up to a maximum of 250 lb (113 kg) per trip of yellowtail 
flounder, unless fishing the entire trip in the U.S./Canada Management 
Area as specified under paragraph (a) (1) of this section.
    (E) No-discard provision and DAS flips. A vessel fishing in the 
Regular B DAS Pilot Program under a Regular B DAS may not discard 
legal-sized regulated groundfish. If such a vessel harvests and brings 
on board more legal sized regulated groundfish than the applicable 
maximum landing limit per trip specified under paragraph (b)(6)(iv)(D) 
of this section, the vessel operator must notify NMFS immediately via 
VMS to initiate a DAS flip. Once this notification has been received by 
NMFS, the vessel will automatically be switched by NMFS to fishing 
under a Category A DAS. For a vessel that notified NMFS of a DAS flip, 
the B DAS that have accrued between the time the vessel started 
accruing Regular B DAS at the beginning of the trip (i.e., at the time 
the vessel crossed the demarcation line at the beginning of the trip) 
and the time the vessel declared its DAS flip will be accrued as 
Category A DAS, and not Regular B DAS. Once such vessel has initiated 
the DAS flip and is fishing under a Category A DAS, the prohibition on 
discarding legal-sized regulated groundfish n[deg]longer applies. A 
vessel that has declared a DAS flip will be subject to the landing 
restrictions specified under Sec.  648.86.
    (F) Minimum Category A DAS and B DAS accrual. For a vessel fishing 
under the Regular B DAS Pilot Program, the number of Regular B DAS that 
can be used on a trip cannot exceed the number of Category A DAS the 
vessel has available at the start of the trip. The vessel will accrue 
DAS in accordance with Sec.  648.82(e)(3).
    (G) Restrictions when 100 percent of the incidental catch TAC is 
harvested. With the exception of white hake, when the Regional 
Administrator projects that 100 percent of one or more of incidental 
TACs specified under paragraph (b)(6)(iii) of this section has been

[[Page 55399]]

harvested, the use of Regular B DAS will be prohibited in the pertinent 
stock area(s) as defined under paragraph (b)(6)(v) of this section for 
the duration of the calendar quarter. The closure of a stock area to 
all Regular B DAS use will occur even if the incidental catch TACs for 
other stocks in that stock area have not been completely harvested. 
When the Regional Administrator projects that 100 percent of the white 
hake incidental catch TAC specified under paragraph (b)(6)(iii) of this 
section has been harvested, vessels fishing under a Regular B DAS, or 
that complete a trip under a Regular B DAS, will be prohibited from 
retaining white hake.
    (H) Closure of Regular B DAS program and quarterly DAS limit. 
Unless otherwise closed as a result of the harvest of all incidental 
TACs as described in paragraph (b)(6)(iv)(G)of this section, or as 
result of an action by the Regional Administrator under paragraph 
(b)(6)(vi) of this section, the use of Regular B DAS will, through 
rulemaking consistent with the Administrative Procedure Act, be 
prohibited when 1,000 Regular B DAS have been used during the calendar 
quarter, in accordance with Sec.  648.82(e)(3).
    (I) Reporting requirements. The owner or operator of a NE 
multispecies DAS vessel must submit catch reports via VMS in accordance 
with instructions provided by the Regional Administrator, for each day 
fished when declared into the Regular B DAS Pilot Program. The reports 
must be submitted in 24-hr intervals for each day, beginning at 0000 hr 
and ending at 2400 hr. The reports must be submitted by 0900 hr of the 
following day. For vessels that have declared into the Regular B DAS 
Pilot Program in accordance with paragraph (b)(6)(iv)(C) of this 
section, the reports must include at least the following information: 
Statistical area fished, total weight (lb/kg) of cod, yellowtail 
flounder, American plaice, white hake, winter flounder, and witch 
flounder kept; and total weight (lb/kg) of cod, yellowtail flounder, 
American plaice, white hake, winter flounder, and witch flounder 
discarded.
    (v) Definition of incidental TAC stock areas. For the purposes of 
the Regular B DAS Pilot Program, the species stock areas associated 
with the incidental TACs are defined in the following charts. Copies of 
a chart depicting these areas are available from the Regional 
Administrator upon request.
    (A) GOM cod stock area. The GOM cod stock area is the area defined 
by straight lines connecting the following points in the order stated:

                      GULF OF MAINE COD STOCK AREA
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
GOM1..........................................        \(1)\  70[deg] 00'
GOM2..........................................  42[deg] 20'  70[deg] 00'
GOM3..........................................  42[deg] 20'  67[deg] 40'
GOM4..........................................  43[deg] 50'  67[deg] 40'
GOM5..........................................  43[deg] 50'  66[deg] 50'
GOM6..........................................  44[deg] 20'  66[deg] 50'
GOM7..........................................  44[deg] 20'  67[deg] 00'
GOM8..........................................        \(2)\  67[deg] 00'
------------------------------------------------------------------------
\(1)\ Intersection of the north-facing coastline of Cape Cod, MA, and
  70[deg] 00' W. Long.
\(2)\ Intersection of the south-facing Maine coastline and 67[deg] 00'
  W. Long.

    (B) GB cod stock area. The GB cod stock area is the area defined by 
straight lines connecting the following points in the order stated:

                       GEORGES BANK COD STOCK AREA
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
GB1...........................................        \(1)\  70[deg] 00'
GB2...........................................  42[deg] 20'  70[deg] 00'
GB3...........................................  42[deg] 20'  66[deg] 00'
GB4...........................................  42[deg] 10'  66[deg] 00'
GB5...........................................  42[deg] 10'  65[deg] 50'
GB6...........................................  42[deg] 00'  65[deg] 50'
GB7...........................................  42[deg] 00'  65[deg] 40'
GB8...........................................  40[deg] 30'  65[deg] 40'
GB9...........................................  39[deg] 00'  65[deg] 40'
GB10..........................................  39[deg] 00'  70[deg] 00'
GB11..........................................  35[deg] 00'  70[deg] 00'
GB12..........................................  35[deg] 00'        \(2)\
------------------------------------------------------------------------
\(1)\ Intersection of the north-facing coastline of Cape Cod, MA, and
  70[deg] 00' W. Long.
\(2)\ Intersection of east-facing coastline of Outer Banks, NC, and
  35[deg] 00' N. Lat.

    (C) CC/GOM yellowtail flounder stock area. The CC/GOM yellowtail 
flounder stock area is the area defined by straight lines connecting 
the following points in the order stated:

          CAPE COD/GULF OF MAINE YELLOWTAIL FLOUNDER STOCK AREA
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
CCGOM1........................................        \(1)\  70[deg] 00'
CCGOM2........................................  41[deg] 20'        \(2)\
CCGOM3........................................  41[deg] 20'  69[deg] 50'
CCGOM4........................................  41[deg] 10'  69[deg] 50'
CCGOM5........................................  41[deg] 10'  69[deg] 30'
CCGOM6........................................  41[deg] 00'  69[deg] 30'
CCGOM7........................................  41[deg] 00'  68[deg] 50'
CCGOM8........................................  42[deg] 20'  68[deg] 50'
CCGOM9........................................  42[deg] 20'  67[deg] 40'
CCGOM10.......................................  43[deg] 50'  67[deg] 40'
CCGOM11.......................................  43[deg] 50'  66[deg] 50'
CCGOM12.......................................  44[deg] 20'  66[deg] 50'
CCGOM13.......................................  44[deg] 20'  67[deg] 00'
CCGOM14.......................................        \(3)\  67[deg] 00'
------------------------------------------------------------------------
\(1)\ Intersection of the south-facing coastline of Cape Cod, MA, and
  70[deg] 00' W. Long.
\(2)\ Intersection of the east-facing coastline of Nantucket, MA and
  41[deg] 20' N. Lat. and 67[deg] 00' W. Long.
\(3)\ Intersection of south-facing Maine coastline and 67[deg] 00' W.
  Long.

    (D) American plaice stock area. The American plaice stock area is 
the area defined by straight lines connecting the following points in 
the order stated:

                       AMERICAN PLAICE STOCK AREA
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
AMP1..........................................        \(1)\   67[deg]00'
AMP2..........................................  44[deg] 20'  67[deg] 00'
AMP3..........................................  44[deg] 20'  66[deg] 50'
AMP4..........................................  43[deg] 50'  66[deg] 50'
AMP5..........................................  43[deg] 50'  67[deg] 40'
AMP6..........................................  42[deg] 30'  67[deg] 40'
AMP7..........................................  42[deg] 30'  66[deg] 00'
AMP8..........................................  42[deg] 10'  66[deg] 00'
AMP9..........................................  42[deg] 10'  65[deg] 50'
AMP10.........................................  42[deg] 00'  65[deg] 50'
AMP11.........................................  42[deg] 00'  65[deg] 40'
AMP12.........................................  40[deg] 30'  65[deg] 40'
AMP13.........................................  39[deg] 00'  65[deg] 40'
AMP14.........................................  39[deg] 00'  70[deg] 00'
AMP15.........................................  35[deg] 00'  70[deg] 00'
AMP16.........................................  35[deg] 00'        \(2)\
------------------------------------------------------------------------
\(1)\ Intersection of the south-facing Maine coastline and 67[deg] 00'
  W. Long.
\(2)\ Intersection of the east-facing coastline of Outer Banks, NC and
  35[deg] 00' N. Lat.

    (E) SNE/MA yellowtail flounder stock area. The SNE/MA yellowtail 
flounder stock area is the area defined by straight lines connecting 
the following points in the order stated:

    SOUTHERN NEW ENGLAND/MID-ATLANTIC YELLOWTAIL FLOUNDER STOCK AREA
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
SNE1..........................................   35[deg]00'        \(1)\
SNE2..........................................   35[deg]00'   70[deg]00'
SNE3..........................................   39[deg]00'   70[deg]00'
SNE4..........................................   39[deg]00'   71[deg]40'
SNE5..........................................   39[deg]50'   71[deg]40'
SNE6..........................................   39[deg]50'   68[deg]50'
SNE7..........................................   41[deg]00'   68[deg]50'
SNE8..........................................   41[deg]00'   69[deg]30'
SNE9..........................................   41[deg]10'   69[deg]30'
SNE10.........................................   41[deg]10'    69[deg]5'
SNE11.........................................   41[deg]20'   69[deg]50'
SNE12.........................................        \(2)\   70[deg]00'
SNE13.........................................        \(3)\   70[deg]00'
SNE14.........................................        \(4)\   70[deg]00'
------------------------------------------------------------------------
\(1)\Intersection of east-facing coastline of Outer Banks, NC, and
  35[deg]00' N. Lat.
\(2)\ Intersection of south-facing coastline of Nantucket, MA, and
  70[deg]00' W. Long.
\(3)\ Intersection of north-facing coastline of Nantucket, MA, and
  70[deg]00' W. Long.
\(4)\Intersection of south-facing coastline of Cape Cod, MA, and
  70[deg]00' W. Long.

    (F) SNE/MA winter flounder stock area. The SNE/MA winter flounder 
stock area is the area defined by straight lines connecting the 
following points in the order stated:

[[Page 55400]]



      SOUTHERN NEW ENGLAND/MID-ATLANTIC WINTER FLOUNDER STOCK AREA
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
SNEW1.........................................        \(1)\   70[deg]00'
SNEW2.........................................   42[deg]20'   70[deg]00'
SNEW3.........................................   42[deg]20'   68[deg]50'
SNEW4.........................................   39[deg]50'   68[deg]50'
SNEW5.........................................   39[deg]50'   71[deg]40'
SNEW6.........................................   39[deg]50'   70[deg]00'
SNEW7.........................................   35[deg]00'   70[deg]00'
SNEW8.........................................   35[deg]00'        \(2)\
------------------------------------------------------------------------
\(1)\ Intersection of north-facing coastline of Cape Cod, MA, and
  70[deg] 00' W. Long.
\(2)\ Intersection of east-facing coastline of Outer Banks, NC, and
  35[deg] 00' N. Lat.

    (G) Witch flounder stock area. The witch flounder stock area is the 
area defined by straight lines connecting the following points in the 
order stated:

                        WITCH FLOUNDER STOCK AREA
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
WF1...........................................        \(1)\   67[deg]00'
WF2...........................................   44[deg]20'   67[deg]00'
WF3...........................................   44[deg]20'   66[deg]50'
WF4...........................................   43[deg]50'   66[deg]50'
WF5...........................................   43[deg]50'   67[deg]40'
WF6...........................................   42[deg]20'   67[deg]40'
WF7...........................................   42[deg]20'   66[deg]00'
WF8...........................................   42[deg]10'   66[deg]00'
WF9...........................................   42[deg]10'   65[deg]50'
WF10..........................................   42[deg]00'   65[deg]50'
WF11..........................................   42[deg]00'   65[deg]40'
WF12..........................................   40[deg]30'   65[deg]40'
WF13..........................................   40[deg]30'   66[deg]40'
WF14..........................................   39[deg]50'   66[deg]40'
WF15..........................................   39[deg]50'   70[deg]00'
WF16..........................................        \(2)\   70[deg]00'
WF17..........................................        \(3)\   70[deg]00'
WF18..........................................        \(4)\   70[deg]00'
------------------------------------------------------------------------
\(1)\ Intersection of south-facing Maine coastline and 67[deg]00' W.
  Long.
\(2)\ Intersection of south-facing coastline of Nantucket, MA, and
  70[deg]00' W. Long.
\(3)\ Intersection of north-facing coastline of Nantucket, MA, and
  70[deg]00' W. Long.
\(4)\ Intersection of south-facing coastline of Cape Cod, MA, and
  70[deg]00' W. Long.

    (vi) Closure of the Regular B DAS Pilot Program. The Regional 
Administrator, based upon information required under Sec. Sec.  648.7, 
648.9, 648.10, or 648.85, and any other relevant information, may 
prohibit, through rulemaking consistent with the Administrative 
Procedure Act, the use of Regular B DAS for the duration of a quarter 
or fishing year, if it is projected that continuation of the Regular B 
DAS Pilot Program would undermine the achievement of the objectives of 
the FMP or Regular B DAS Pilot Program, or if the level of observer 
coverage is insufficient to make such a projection.
    (7) CA I Hook Gear Haddock SAP--(i) Eligibility. Vessels issued a 
valid limited access NE multispecies DAS permit, a limited access 
Handgear A permit, or an open access Handgear B permit are eligible to 
participate in the CA I Hook Gear Haddock SAP, and may fish in the CA I 
Hook Gear Haddock Access Area, as described in paragraph (b)(7)(ii) of 
this section, for the season specified in paragraph (b)(7)(iii) of this 
section, provided such vessels comply with the requirements of this 
section, and provided the SAP is not closed according to the provisions 
specified under paragraphs (b)(7)(iv)(K) or (b)(7)(v) of this section. 
Copies of a chart depicting this area are available from the Regional 
Administrator upon request.
    (ii) CA I Hook Gear Haddock Access Area. The CA I Hook Gear Haddock 
Access Area is the area defined by straight lines connecting the 
following points in the order stated:

               CLOSED AREA I HOOK GEAR HADDOCK ACCESS AREA
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.
------------------------------------------------------------------------
Hook 1........................................  41[deg]25.6  69[deg]20.2
                                                          '            '
Hook 2........................................  41[deg]29.2  69[deg]08.1
                                                          '            '
Hook 3........................................  41[deg]08.5  68[deg]50.2
                                                          '            '
Hook 4........................................  41[deg]06.4  69[deg]03.3
                                                          '            '
------------------------------------------------------------------------

    (iii) Season. Eligible vessels may fish in the CA I Hook Gear 
Haddock SAP from October 1 through December 31.
    (iv) Program restrictions--(A) DAS use restrictions. Vessels 
fishing in the CA I Hook Gear Haddock SAP may use Category A, Regular B 
or Reserve B DAS, in accordance with Sec.  648.82(d)(2)(i)(A). A vessel 
fishing in the CA I Hook Gear Haddock SAP may not initiate a DAS flip. 
With the exception of vessels legally participating in the GB Cod Hook 
Sector, as authorized under Sec.  648.87(d)(1), a vessel fishing in the 
CA I Hook Gear Haddock SAP, under either a Category A or Category B 
DAS, may fish a maximum of 4 DAS in the SAP per trip. A vessel fishing 
both inside and outside of the SAP on the same trip may only use a 
Category A DAS on such a trip, may only enter or exit the CA I Hook 
Gear Haddock SAP described in paragraph (b)(7)(ii) of this section once 
per trip, and is subject to the gear and reporting requirements 
specified in paragraphs (b)(7)(iv)(F) and (H), respectively.
    (B) VMS requirement. A NE multispecies DAS vessel fishing in the CA 
I Hook Gear Haddock SAP specified in this paragraph (b)(7) must have 
installed on board an operational VMS unit that meets the minimum 
performance criteria specified in Sec. Sec.  648.9 and 648.10.
    (C) Observer notifications. With the exception of the 2004 fishing 
year, a vessel intending to participate in the CA I Hook Gear Haddock 
SAP must notify the NMFS Observer Program by telephone by September 1 
of its intent to participate. This notification need not include 
specific information about the date of the trip. For the 2004 fishing 
year, a vessel must notify NMFS by a date set by the Regional 
Administrator. 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; and date, time, and port of departure at least 72 hr prior 
to the beginning of any trip that it declares into the CA I Hook Gear 
Haddock SAP, as required in paragraph (b)(7)(iv)(B) of this section, 
and in accordance with instructions provided by the Regional 
Administrator.
    (D) Observer program funding. The Regional Administrator may 
authorize the funding of observers by Sector vessels (for Sector 
vessels), consistent with applicable law, based upon the estimated 
participation level of vessels in the CA I Hook Gear Haddock SAP, if it 
is determined that the funding is inadequate to provide sufficient 
observer coverage for total number of vessels (both the non-Sector and 
GB Cod Hook Sector vessels).
    (E) VMS declaration. Prior to departure from port, a vessel 
intending to participate in the CA I Hook Gear Haddock SAP must declare 
into the SAP via VMS, and provide information on the type of DAS 
(Category A, Regular B, or Reserve B) that it intends to fish, and 
whether it intends to fish outside of the SAP on the same trip, in 
accordance with instructions provided by the Regional Administrator. A 
vessel declared into the CA I Hook Gear Haddock SAP cannot fish in 
another SAP specified under this section on the same trip.
    (F) Gear restrictions. A vessel fishing exclusively in the CA I 
Hook Gear Haddock SAP is exempt from the maximum number of hook 
restriction specified in Sec.  648.80(a)(4)(v). Unless otherwise 
exempted by a Sector letter of authorization, as described under Sec.  
648.87(c)(3), a vessel fishing both inside and outside of the SAP on 
the same trip is subject to the maximum number of hooks fished 
specified under Sec.  648.80(a)(4)(v).
    (G) Landing limits. Unless otherwise exempted by a Sector letter of 
authorization, as described under Sec.  648.87(c)(3), a NE multispecies 
vessel fishing in the CA I Hook Gear Haddock Access Area described in 
paragraph

[[Page 55401]]

(b)(7)(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 2,000 lb (4,403 kg) per trip.
    (H) Reporting requirements. With the exception of vessels 
participating in the Sector, as described under Sec.  648.87(d)(1), the 
owner or operator of a vessel declared into the CA I Hook Gear Haddock 
Area, as described in paragraph (b)(7)(ii) of this section, must submit 
reports via VMS, in accordance with instructions to be provided by the 
Regional Administrator, for each day fished when declared into the CA I 
Hook Gear Haddock Access Area. The reports must be submitted in 24-hr 
intervals for each day, beginning at 0000 hr and ending at 2400 hr. The 
reports must be submitted by 0900 hr of the following day. When such 
vessel fishes both inside and outside the Closed Area I Hook Gear 
Haddock Area on the same trip, as allowable under paragraph 
(b)(7)(iv)(A) of this section, the owner or operator must also submit a 
report when the vessel leaves or enters the area, as appropriate. The 
owner or operator of a vessel participating in the Sector, as described 
under Sec.  648.87(d)(1), and declared into the CA I Hook Gear Haddock 
Area, must submit reports to the Sector Manager, with instructions to 
be provided by the Sector Manager, for each day fished, when declared 
into the CA I Hook Gear Haddock Area. For all vessels that have 
declared into the CA I Hook Gear Haddock Access Area in accordance with 
paragraph (b)(7)(iv)(B) of this section, the reports must include at 
least the following information: Total weight (lb/kg) of cod and 
haddock kept, and total weight (lb/kg) of cod and haddock discarded.
    (I) Incidental cod TAC. The maximum amount of GB cod (landings and 
discards) that may be harvested by non-Sector vessels from the CA I 
Hook Gear Haddock Access Area in a fishing year is the amount specified 
under paragraph (b)(5) of this section.
    (J) Haddock TAC. The maximum amount of haddock (landings and 
discards) that may be harvested in a fishing year from the CA I Hook 
Gear Haddock Access Area by vessels fishing under a Category B DAS is 
1,000 mt.
    (K) Mandatory closure of CA I Hook Gear Haddock Access Area. When 
the Regional Administrator projects that the haddock TAC specified in 
paragraph (b)(7)(iv)(J) of this section has been caught by vessels 
fishing under Category B DAS, NMFS will close, through rulemaking 
consistent with the Administrative Procedure Act, the CA I Hook Gear 
Haddock Access Area to all NE multispecies vessels. When the Regional 
Administrator projects that the incidental cod TAC specified in 
paragraph (b)(7)(iv)(I) of this section has been caught, NMFS shall, 
through rulemaking consistent with the Administrative Procedure Act, 
prohibit the use of Category B DAS in the CA I Hook Gear Haddock Access 
Area.
    (v) General Closure of the CA I Hook Gear Haddock Access Area. The 
Regional Administrator, based upon information required under 
Sec. Sec.  648.7, 648.9, 648.10, or 648.85, and any other information, 
may, through rule-making consistent with the Administrative Procedure 
Act, close the CA I Hook Gear Haddock Access Area for the duration of 
the season, if the level of observer coverage is insufficient to 
project whether continuation of the SAP will undermine the achievement 
of the objectives of the FMP or the CA I Hook Gear Haddock SAP.
    (8) Eastern U.S./Canada Haddock SAP Pilot Program--(i) Eligibility. 
Vessels issued a valid limited access NE multispecies DAS permit, and 
fishing with trawl gear, are eligible to participate in the Eastern 
U.S./Canada Haddock SAP Pilot Program, and may fish in the Eastern 
U.S./Canada Haddock SAP Area, as described in paragraph (b)(8)(ii) of 
this section, during the program duration and season specified in 
paragraphs (b)(8)(iii) and (iv) of this section, provided such vessels 
comply with the requirements of this section, and provided the SAP is 
not closed according to the provisions specified in paragraphs 
(b)(8)(v)(K) or (L) of this section. Copies of a chart depicting this 
area are available from the Regional Administrator upon request.
    (ii) Eastern U.S./Canada Haddock SAP Area. The Eastern U.S./Canada 
Haddock SAP Area is the area defined by straight lines connecting the 
following points in the order stated:

                  EASTERN U.S./CANADA HADDOCK SAP AREA
------------------------------------------------------------------------
                  Point                       N. Lat.        W. Long.
------------------------------------------------------------------------
CAII3...................................      42[deg]22'           \(1)\
                                                              67[deg]20'
SAP1....................................      42[deg]20'      67[deg]20'
SAP2....................................      42[deg]20'      67[deg]40'
SAP3....................................      41[deg]10'      67[deg]40'
SAP4....................................      41[deg]10'      67[deg]20'
SAP5....................................      42[deg]10'      67[deg]20'
SAP6....................................      42[deg]10'      67[deg]10'
CAII3...................................      42[deg]22'           \(1)\
                                                             67[deg]20'
------------------------------------------------------------------------
\(1)\ U.S./Canada maritime boundary.

    (iii) Duration of program. The Eastern U.S./Canada Haddock SAP 
Pilot Program is in effect from [date of implementation of FW 40-A] 
through [date 2 years from the date of implementation of FW 40-A].
    (iv) Season. Eligible vessels may fish in the Eastern U.S./Canada 
Haddock SAP Pilot Program from May 1 through December 31.
    (v) Program restrictions--(A) DAS use restrictions. A vessel 
fishing in the Eastern U.S./Canada Haddock SAP Pilot Program may elect 
to fish under a Category A, or Category B DAS, in accordance with Sec.  
648.82(d)(2)(i)(A) and the restrictions of this paragraph (b)(8)(v)(A).
    (1) If fishing under a Category B DAS, a vessel is required to 
comply with the n[deg]discarding and DAS flip requirements specified in 
paragraph (b)(8)(v)(I) of this section, and the minimum Category A DAS 
requirements of paragraph (b)(8)(v)(J) of this section.
    (2) A vessel that is declared into the Eastern U.S./Canada Haddock 
SAP Pilot Area, described in paragraph (b)(8)(ii) of this section, may 
fish, on the same trip, in the Eastern U.S./Canada Haddock SAP Area and 
in the CA II Yellowtail Flounder Access Area, described in paragraph 
(b)(3)(ii) of this section, under either a Category A DAS or a Category 
B DAS.
    (3) A vessel may choose, on the same trip, to fish in either/both 
the Eastern U.S./Canada Haddock SAP Area and the CA II Yellowtail 
Flounder Access Area, and in that portion of the Eastern U.S./Canada 
Area described in paragraph (a)(1)(ii) of this section that lies 
outside of these two SAPs provided the vessel fishes under a Category A 
DAS and abides by the VMS restrictions of paragraph (b)(8)(v)(D) of 
this section. The use of a Category A DAS is required because the use 
of Category B DAS is not allowed in that portion of the Eastern U.S./
Canada Area that lies outside of SAPs.
    (4) Vessels that elect to fish in multiple areas, as described in 
this paragraph (b)(8)(v)(A), must fish under the most restrictive trip 
provisions of any of the areas fished.
    (B) VMS requirement. A NE multispecies DAS vessel fishing in the 
Eastern U.S./Canada Haddock SAP Area specified under paragraph 
(b)(8)(ii) 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.
    (C) Observer notifications. 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; areas to be fished; and date, time, and 
port of departure at least 72 hr prior to the beginning of any trip 
which it declares into the Eastern U.S./Canada Haddock SAP Area 
specified in

[[Page 55402]]

paragraph (b)(8)(ii) of this section, as required under paragraph 
(b)(8)(v)(D) of this section, and in accordance with instructions 
provided by the Regional Administrator.
    (D) VMS declaration. Prior to departure from port, a vessel 
intending to participate in the Eastern U.S./Canada Haddock SAP must 
declare into the SAP via VMS and provide information on the type of DAS 
(Category A, Regular B, or Reserve B) that it intends to fish, and on 
the areas within the Eastern U.S./Canada Area that it intends to fish, 
in accordance with paragraph (b)(8)(v)(A) of this section and 
instructions provided by the Regional Administrator.
    (E) Gear restrictions. A NE multispecies vessel fishing in the 
Eastern U.S./Canada Haddock SAP Pilot Program must use one of the 
haddock separator trawl nets or flounder trawl nets authorized for the 
Eastern U.S./Canada Area, as specified in paragraph (a)(3)(iii) of this 
section.
    (F) Landing limits. A NE multispecies vessel fishing any portion of 
a trip in the Eastern U.S./Canada Haddock SAP Pilot Program may not 
fish for, possess, or land more than 1,000 lb (453.6 kg) of cod per 
trip, regardless of trip length. A NE multispecies vessel fishing in 
the Eastern U.S./Canada Haddock SAP Pilot Program is subject to the 
haddock requirements described under Sec.  648.86(a).
    (G) Reporting requirements. The owner or operator of a vessel 
declared into the Eastern U.S./Canada Haddock SAP, as described in 
paragraph (b)(8) of this section, must submit reports in accordance 
with the reporting requirements described in paragraph (a)(3)(v) of 
this section.
    (H) Incidental cod TAC. The maximum amount of GB cod (landings and 
discards) that may be caught from the Eastern U.S./Canada Haddock SAP 
Area in a fishing year, by vessels fishing under a Category B DAS, as 
authorized in paragraph (b)(8)(v)(A) of this section, is the amount 
specified in paragraph (b)(5)(i)(B) of this section.
    (I) No discard provision and DAS flips. A vessel fishing in the 
Eastern U.S./Canada Haddock SAP Pilot Program under a Category B DAS 
may not discard legal-sized cod. If a vessel fishing under a Category B 
DAS harvests and brings on board more legal-sized cod than the landing 
limit specified under paragraph (b)(8)(v)(F) of this section, the 
vessel operar must notify NMFS immediately via VMS to initiate a DAS 
flip to Category A DAS. Once this notification has been received by 
NMFS, the vessel will automatically be switched to fishing under a 
Category A DAS. For a vessel that notified NMFS of a DAS flip, the 
Category B DAS that have accrued between the time the vessel started 
accruing Category B DAS at the beginning of the trip (i.e., at the time 
the vessel crossed the demarcation line at the beginning of the trip) 
and the time the vessel declared its DAS flip will be accrued as 
Category A DAS, and not Category B DAS. Once such vessel has initiated 
the DAS flip and is fishing under a Category A DAS, the prohibition on 
discarding legal-sized cod n[deg]longer applies. A vessel that has 
declared a DAS flip will be subject to the landing restrictions 
specified under Sec.  648.86.
    (J) Minimum Category A DAS. For vessels fishing under a Category B 
DAS, the number of Category B DAS that can be used on a trip cannot 
exceed the number of available Category A DAS the vessel has at the 
start of the trip.
    (K) Mandatory closure of Eastern U.S./Canada Haddock SAP Pilot 
Program. When the Regional Administrator projects that the TAC 
allocation specified in paragraph (b)(8)(v)(H) of this section has been 
caught by vessels fishing under Category B DAS, the use of Category B 
DAS in the Eastern U.S./Canada Haddock SAP Pilot Program will be 
prohibited. In addition, the closure regulations described in paragraph 
(a)(3)(iv)(E) of this section shall apply to the Eastern U.S./Canada 
Haddock SAP Pilot Program.
    (L) General closure of the Eastern U.S./Canada Haddock SAP Area. 
The Regional Administrator, based upon information required under 
Sec. Sec.  648.7, 648.9, 648.10, or 648.85, and any other information 
may, through rulemaking consistent with the Administrative Procedure 
Act, close the Eastern U.S./Canada Haddock SAP Area for the duration of 
the season, if it is projected that continuation of the Eastern U.S./
Canada Haddock SAP Pilot Program would undermine the achievement of the 
objectives of the FMP or the Eastern U.S./Canada Haddock SAP Pilot 
Program, or if the level of observer coverage is insufficient to make 
such a projection.
[FR Doc. 04-20693 Filed 9-9-04; 3:26 pm]
BILLING CODE 3510-22-S