[Federal Register Volume 71, Number 42 (Friday, March 3, 2006)]
[Proposed Rules]
[Pages 11060-11087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1911]



[[Page 11059]]

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Part III





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 648



Fisheries of the Northeastern United States; Northeast Multispecies 
Fishery; Emergency Secretarial Action; Proposed Rule

  Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Proposed 
Rules  

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060209031-6031-01; I.D. 020606C]
RIN 0648-AU09


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Emergency Secretarial Action

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

ACTION: Proposed rule; emergency action; request for comment.

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SUMMARY: NMFS proposes a temporary emergency rule under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
to implement measures intended to immediately reduce the fishing 
mortality rate (F) on specific groundfish species to prevent 
overfishing and maintain the rebuilding program of the Northeast (NE) 
Multispecies Fishery Management Plan (FMP). This emergency action 
includes differential days-at-sea (DAS) counting, reduced trip limits 
for specific species, and recreational possession restrictions, among 
other provisions. In addition, this action would continue two programs 
that would otherwise expire by the end of the 2005 fishing year on 
April 30, 2006: The DAS Leasing Program and a modified Regular B DAS 
Program on Georges Bank (GB). Due to the impact of these proposed 
measures on the monkfish fishery, this temporary emergency action would 
also limit participation of monkfish Category C, D, or F permits in the 
proposed Regular B DAS Program and revise the method of calculating 
available monkfish-only DAS for Category C, D, F, G, or H monkfish 
vessels. This action is intended to prevent overfishing while 
maintaining specific programs designed to help mitigate the economic 
and social impacts of effort reductions under the FMP until more 
permanent management measures can be implemented through Framework 
Adjustment (FW) 42 to the FMP.

DATES: Comments must be received on or before March 6, 2006.

ADDRESSES: 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 
Emergency Action.''
     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 Emergency 
Action.''
     Fax: (978) 281-9135.
    Copies of this rule, its Regulatory Impact Review (RIR), Initial 
Regulatory Flexibility Analysis (IRFA), and the Environmental 
Assessment (EA) are available from the Regional Administrator at the 
above address. The EA/RIR/IRFA is also accessible via the Internet at 
http://www.nero.nmfs.gov.
    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.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy 
Analyst, (978) 281-9141, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    The New England Fishery Management Council (Council) developed 
Amendment 13 in order to bring the FMP into conformance 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 in the amendment was published on 
April 27, 2004 (69 FR 22906) and became effective May 1, 2004.
    Amendment 13 established or clarified rebuilding programs for each 
stock managed under the FMP. Amendment 13 also established a biennial 
adjustment process to review the fishery and implement any changes 
necessary to ensure that the fishery continues to meet the rebuilding 
objectives, including meeting the F targets for each year of the 
rebuilding program. As part of the biennial adjustment process, the 
latest stock assessment, the Groundfish Assessment Review Meeting (GARM 
II), took place from August 15-19, 2005. This assessment provided 
updated information to evaluate the performance of the fishery in 
relation to the rebuilding program established by Amendment 13.
    The Council's Groundfish Plan Development Team (PDT) utilized the 
results of GARM II to calculate estimates of the 2005 calendar year F 
(F2005) for all groundfish stocks. These estimates indicate 
that F2005 for particular groundfish stocks, (i.e., GOM cod, 
Cape Cod (CC)/GOM yellowtail flounder, Southern New England (SNE)/Mid-
Atlantic (MA) yellowtail flounder, SNE/MA winter flounder, GB winter 
flounder, white hake, and GB yellowtail flounder) is, in some cases, 
substantially less than that observed for 2004, but still higher than 
the 2006 target F specified in the rebuilding program established under 
Amendment 13. The PDT concluded that, with the exception of GB 
yellowtail flounder, management measures should be developed to further 
reduce F on these species for fishing year 2006 in order to maintain 
progress toward the FMP rebuilding objectives, as illustrated in Table 
1:

          Table 1.--Mortality Reduction Necessary To Achieve Fishing Year 2006 Amendment 13 F Targets *
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                                                                                                     Mortality
                                                                     Estimated     Amendment 13      reduction
                        Stock                            F2004         F2005       fishing year      necessary
                                                                                   2006 target F     (percent)
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GOM Cod..............................................       0.58            0.37            0.23              32
CC/GOM Yellowtail Flounder...........................       0.75            0.48            0.26              46
SNE/MA Yellowtail Flounder...........................       0.99            0.58            0.26              55
SNE/MA Winter Flounder...............................       0.38            0.35            0.32               9
GB Winter Flounder...................................       1.86              NA         ** 1.0               46

[[Page 11061]]

 
White Hake...........................................       1.18              NA            1.03              13
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* F on GB yellowtail flounder also needs to be reduced, but new management measures do not need to be developed.
  See additional explanation in the paragraph below.
** Amendment 13 did not establish a 2006 F target for GB winter flounder. Rather, Amendment 13 established the
  value of Fmsy as 0.32. However, because model estimates of relative F rate are more precise than estimates of
  actual F rates, GARM II presented the estimate of F rate for 2004 in relative terms. The threshold value for
  the relative F rate (F2004/Fmsy) for GB winter flounder is 1.0.
NA: An estimate of F2005 for the stocks of GB winter flounder and white hake could not be developed because the
  assessments are index based. The necessary F reductions are based upon F2004.

    No new management measures are necessary to reduce F on GB 
yellowtail flounder, since a hard TAC (i.e., fishing on the stock is 
prohibited when such a TAC is reached) is being proposed for this stock 
that will reduce F to the appropriate level. The Transboundary 
Management Guidance Committee (TMGC) concluded that the most 
appropriate combined U.S./Canada total allowable catch (TAC) for the 
2006 fishing year is 3,000 mt (2,070 mt U.S.; 930 mt Canada), which 
corresponds to an F of 0.25 (Fmsy). On September 15, 2005, 
the Council accepted the recommendations of the TMGC for the 2006 GB 
yellowtail flounder TAC. The proposed hard TAC of 2,070 mt represents a 
51-percent reduction from the 2005 TAC, and would constrain fishing 
effort to the appropriate level to achieve the required F reduction. 
The 2006 GB yellowtail flounder hard TAC is being proposed through a 
separate management action currently under development by NMFS.
    The rebuilding strategy implemented by Amendment 13 established two 
so-called default measures that would automatically reduce F on all 
groundfish species, particularly for American plaice and SNE/MA 
yellowtail flounder beginning in fishing year 2006. These default 
measures include a revision of the DAS allocation ratio of Category A:B 
DAS from 60:40 to 55:45, and differential DAS counting in the SNE/MA 
Regulated Mesh Area (RMA) at a rate of 1.5:1. Under the final rule 
implementing Amendment 13, these measures are scheduled to go into 
effect for the start of the 2006 fishing year on May 1, 2006, unless 
stocks meet or exceed specific criteria described at 50 CFR 
648.82(d)(4) and NMFS implements measures to supercede the default 
measures. In addition to these criteria, all groundfish stocks must 
meet the target F rates specified for 2006 for these default measures 
to be deferred.
    Data from GARM II indicate that none of these criteria have been 
met for SNE/MA yellowtail flounder and that American plaice is still 
overfished. Given this, as well as the fact that other groundfish 
stocks are not meeting the target F rates for 2006 (see Table 1), the 
Amendment 13 default measures will automatically go into place on May 
1, 2006, unless superseded by another action. Although these default 
measures would likely have positive impacts on all groundfish species 
(including a reduction in F), these measures are not likely to 
sufficiently reduce F for particular groundfish stocks to meet the 2006 
fishing year F targets established by Amendment 13. Therefore, to 
ensure that the rebuilding program established under Amendment 13 
remains on track to rebuild overfished groundfish stocks within the 
required time period, additional management measures are needed to 
reduce F on several groundfish stocks.
    Framework Adjustment (FW) 42 to the FMP is currently being 
developed by the Council and is intended to serve as the first biennial 
adjustment process adopted under Amendment 13. FW 42 proposes 
management measures designed to achieve the necessary mortality 
reductions for all groundfish stocks requiring F reductions for the 
2006 fishing year, as required by Sec.  648.90(a)(2). However, at its 
November 15-17, 2005, meeting, the Council announced that it was not 
able to complete FW 42 in time for NMFS to implement these measures by 
the beginning of the fishing year on May 1, 2006. Although at its 
January 31-February 2, 2006, meeting the Council voted to adopt a suit 
of management measures under FW 42, it would not be possible to 
implement these measures by May 1, 2006.
    Section 305(c) of the Magnuson-Stevens Act states that, if the 
Secretary of Commerce (Secretary) finds that an emergency or 
overfishing exists, or that interim measures are needed to reduce 
overfishing for any fishery, he may promulgate emergency measures to 
address overfishing and address other management concerns while the 
Council prepares proposed regulations to stop overfishing and rebuild 
fish stocks on a more permanent basis. Such measures do not, by 
themselves, have to stop overfishing, but may be used to contribute to 
efforts to stop overfishing until the Council, after considering public 
input, can complete an appropriate framework adjustment or amendment to 
the FMP.
    Emergency management actions authorized by section 305(c) of the 
Magnuson-Stevens Act may only be prepared under special circumstances. 
In accordance with NMFS policy guidelines for the use of emergency 
rules (62 FR 44421, August 21, 1997), emergency actions may be 
implemented to resolve ``unforeseen events or recently discovered 
circumstances'' that present ``serious conservation or management 
problems'' that ``can be addressed through emergency regulations for 
which the immediate benefits outweigh the value of advanced notice.'' 
These guidelines indicate that an emergency action might be justified 
based on one or more of the following reasons: Ecological (i.e., to 
prevent overfishing as defined in an FMP, or prevent other serious 
damage to the fishery resource or habitat), economic (i.e., to prevent 
significant direct economic loss or to preserve a significant economic 
opportunity that otherwise might be forgone), or social reasons (i.e., 
to prevent significant community impacts or conflict between user 
groups).
    Applying the above criteria, NMFS has determined that the recent 
and unforeseen announcement by the Council that the implementation of 
FW 42 will be delayed beyond May 1, 2006, and the need to reduce F on 
specific groundfish stocks by the start of the 2006 fishing year, 
constitutes an emergency, as unforeseen events could cause serious 
conservation and management problems unless addressed

[[Page 11062]]

through immediate regulatory action. Although notice and comment 
rulemaking is being undertaken for this action, there is insufficient 
time to implement the proposed measures under the normal FMP amendment 
or framework process, leaving the sec. 305(c) emergency action process 
as the only means to implement such measures.
    This emergency action is justified for ecological, economic, and 
social reasons. Despite the restrictive management measures currently 
in place for all sectors of the fishery, F for several groundfish 
stocks remains above the Amendment 13 target F levels for 2006. As a 
result, it is necessary to reduce F by constraining fishing effort by 
all sectors and in all areas managed by the FMP as quickly as possible. 
Failure to reduce or prevent overfishing by May 1, 2006, while the 
Council completes FW 42 would likely allow continued overfishing of 
several groundfish stocks, resulting in slower rebuilding, which would 
require even more stringent future management measures, resulting in 
additional economic and social consequences. In addition, the 2003 year 
class of GOM and GB cod must be carefully managed, particularly for the 
months when fishing effort and catch is typically high (i.e., May 
through July). Therefore, in order to come into full compliance with 
the requirements of the Magnuson-Stevens Act, as amended by the 
Sustainable Fisheries Act, this emergency action is necessary until a 
more comprehensive management action can be completed by the Council 
and implemented by NMFS (i.e., FW 42).
    Two programs approved in Amendment 13 and FW 40A were intended to 
help mitigate the economic and social impacts of the effort reductions 
of the FMP (the DAS Leasing Program and the Regular B DAS Pilot 
Program). The DAS Leasing Program, approved in Amendment 13, expires on 
April 30, 2006, while the Regular B DAS Pilot Program, approved in FW 
40A, expired on October 31, 2005. Continuation of these programs, in 
part or in whole, would help mitigate the potential economic and social 
impacts of Amendment 13 effort reductions as well as further effort 
reductions and other measures proposed in this action. Thus, this 
emergency action proposes maintaining the DAS Leasing Program, as well 
as a modified version of the Regular B DAS Program.
    Although the management measures proposed under this emergency 
action do not, by themselves, achieve the necessary Amendment 13 F 
reductions for all stocks (i.e., GB winter flounder, CC/GOM yellowtail 
flounder, and SNE/MA yellowtail flounder), it is anticipated that this 
action, in combination with measures proposed under FW 42, would 
achieve this objective, provided measures adopted under FW 42 are 
implemented as soon as possible. To ensure that the groundfish fishery 
meets the Amendment 13 rebuilding objectives, additional management 
measures through Secretarial action may be necessary during fishing 
year 2006.

Proposed Management Measures

    All measures in effect prior to May 1, 2006, and not amended by 
this proposed emergency rule, would remain in effect after May 1, 2006. 
The current management measures include an Amendment 13 2006 fishing 
year default measure for the revision of the allocation ratio of 
Category A:B DAS from 60:40 to 55:45. This measure, therefore, is not 
discussed specifically in the description of the proposed measures that 
follows.
    The following measures are proposed to be implemented on May 1, 
2006, to reduce overfishing on particular groundfish stocks in need of 
F reductions.
1. Differential DAS Counting
    Under this proposed emergency action, all NE multispecies Category 
A DAS used by a vessel issued a limited access NE multispecies DAS 
permit, with the exception noted below, would be charged at a rate of 
1.4:1, regardless of area fished. Day gillnet vessels would be charged 
at a rate of 1.4:1 for the actual hours used for any trip of 0-3 hours 
in duration, and for any trip of greater than 11 hours. For Day gillnet 
trips between 3 and 11 hours duration, vessels would be charged a full 
15 hours. For example, a trawl vessel fishing in the GOM for 5 hours 
would be charged for 7 hours (5 hours x 1.4) of DAS use. A Day gillnet 
vessel fishing in the GOM for 5 hours would be charged for 15 hours of 
DAS use; a Day gillnet vessel fishing in the GOM for 12 hours would be 
charged for 16.8 hours of DAS use (12 hours x 1.4).
    A vessel issued a limited access monkfish Category C, D, F, G, or H 
permit fishing under a monkfish DAS would have its NE multispecies DAS 
charged at a rate of 1.4:1, but its monkfish DAS would continue to be 
charged at a rate of 1:1. Because differential DAS counting could 
result in a net allocation of NE multispecies Category A DAS that is 
less than the number of monkfish DAS allocated, some Category C, D, F, 
G, or H monkfish vessels would not have sufficient groundfish DAS to 
ensure that they could fish their full allocation of monkfish DAS. To 
accommodate this, a Category C, D, F, G, or H monkfish vessel could 
fish under a monkfish-only DAS when groundfish DAS are no longer 
available, provided the vessel fishes under the provisions of the 
monkfish Category A or B permit. Such vessels would be limited to 
monkfish-only DAS equal to their net monkfish DAS allocations 
(including carry-over DAS) minus their net NE multispecies Category A 
DAS allocation (including carry-over DAS), divided by 1.4. For example, 
if a Category C monkfish vessel allocated 40 monkfish DAS has a net NE 
multispecies DAS allocation of 20 DAS, the maximum number of monkfish-
only DAS that the vessel would be able to fish would be 25.7 DAS (40 
monkfish DAS--14.3 NE multispecies DAS (20 NE multispecies DAS divided 
by 1.4)).
    The proposed differential DAS counting under this emergency action 
would expand the Amendment 13 default measure (limited to the SNE/MA 
RMA only) throughout all RMAs managed by the FMP. In conjunction with 
the Amendment 13 fishing year 2006 default measure that changes the 
Category A:B DAS ratio from 60:40 to 55:45, differential DAS, as 
proposed in this action, would help achieve the necessary F reduction 
for GOM cod and white hake, as well as provide some measure of F 
reduction for the other stocks in need of further protection. Further, 
expanding differential DAS counting to include the GOM and GB RMAs 
would help prevent a redirection of effort into these areas, and would 
facilitate adaptation to measures being proposed by the Council for 
implementation in FW 42.
    The proposed measure would charge Category A DAS at a rate of 
1.4:1, but would not change the way Category B DAS are charged. 
Category A DAS represent relatively unregulated effort that could be 
directed anywhere within the NE Region. However, the use of Category B 
DAS in either approved SAPs or the Regular B DAS Program is highly 
regulated, with specific provisions (area restrictions, gear 
requirements, trip limits, etc.) to ensure that such effort does not 
jeopardize rebuilding programs for specific stocks. Fishing mortality 
attributed to Category B DAS is strictly controlled and limited by hard 
incidental catch TACs for stocks of concern that result in area/program 
closures, once reached. In addition, Category B (Regular) DAS used in 
the Regular B DAS Program proposed under this action would be charged 
at a higher rate (24 hours for any calendar day or

[[Page 11063]]

part of a calendar day fished) than Category A DAS, further limiting 
the impact of these DAS. As a result, there is little need to change 
the manner in which Category B DAS are charged, as F from these DAS is 
already highly restricted.
    The application of differential DAS counting to Day gillnet trips 
proposed by this action was developed to ensure that the application of 
this measure would be consistent with the current system of counting 
DAS between Day gillnet vessels and vessels using other gear types.
2. GOM Cod Trip Limit
    For vessels operating under a NE multispecies DAS, the possession 
limit of GOM cod would be reduced from 800 lb (363 kg) per DAS, up to 
4,000 lb (1,814 kg) trip; to 600 lb (272 kg) per DAS, up to 4,000 lb 
(1,814 kg) per trip. For vessels operating under the limited access NE 
multispecies Handgear A permit regulations, the GOM cod possession 
limit would be reduced from 300 lb (136 kg) per trip to 250 lb (113 kg) 
per trip. The GOM cod trip limit for vessels operating under the open 
access Handgear B provisions would be maintained at 75 lb (34 kg) per 
trip.
    The 600-lb (272-kg) per DAS trip limit for GOM cod strikes a 
balance between minimizing incentives to target this species and 
concerns over excessive discards. Preliminary analysis of recent trips 
indicates that a such a trip limit would result in decreased F at only 
a slightly higher discard rate. Further, a majority of trips within the 
GOM caught less than 600 lb (272 kg) of GOM cod per DAS.
    The current regulations state that the GOM cod trip limit for 
vessels issued a limited access NE multispecies Handgear A or an open 
access NE multispecies Handgear B permit will be adjusted 
proportionally to the GOM cod trip limit for NE multispecies vessels 
fishing under a DAS. The regulations at Sec.  648.82(b)(6) (suspended, 
with revised text at Sec.  648.82(u)(6) under this proposed action) 
state that the adjusted GOM cod trip limit for Handgear A vessels would 
be rounded up to the nearest 50 lb (22.7 kg), while the regulations at 
Sec.  648.88(a)(1) state that the adjusted GOM cod trip limit for 
Handgear B vessels would be rounded up to the nearest 25 lb (11.3 kg). 
Since this action proposes a 25-percent reduction in the GOM cod trip 
limit, a similar reduction, using the adjustment criteria specified in 
the regulations, results in the proposed trip limits for handgear 
vessels.
3. GB Yellowtail Flounder Trip Limit
    Under this action, the GB yellowtail flounder trip limit would be 
reduced from an initial unlimited amount to 10,000 lb (4,536 kg) per 
trip. Based on the likelihood that the GB yellowtail flounder TACs will 
continue to remain relatively small over the next several years, there 
is an elevated risk that the small GB yellowtail flounder TAC for the 
U.S./Canada Management Area will be harvested before the end of the 
fishing year for the immediate future. This measure attempts to prolong 
the availability of the small 2006 GB yellowtail flounder TAC during 
the 2006 fishing year, minimizing the possibility that the TAC would be 
caught prior to the end of the 2006 fishing year, thereby increasing 
the chance of achieving optimum yield from the TACs of GB cod and GB 
haddock specified for the Eastern U.S./Canada Area.
4. CC/GOM and SNE/MA Yellowtail Flounder Trip Limit
    The proposed emergency action would reduce the CC/GOM and SNE/MA 
yellowtail flounder trip limits as follows: 500 lb (227 kg) per DAS, up 
to 2,000 lb (907 kg) per trip during July, August, September, December, 
January, February, March, and April; 250 lb (113 kg) per trip during 
May, June, October, and November.
    The current trip limits for these two yellowtail flounder stocks 
are inconsistent with one another with respect to the time periods 
during which the 250-lb (113-kg) trip limit is in effect (currently 
April, May, Oct., Nov. for CC/GOM yellowtail flounder; and March, 
April, May, June for SNE/MA yellowtail flounder). The current trip 
limits for the other portion of the year is 750 lb (340 kg) per DAS, up 
to 3,000 lb (1,361 kg) per trip. The proposed reduction to 500 lb (227 
kg) per DAS, up to 2,000 lb (907 kg) per trip for the duration of the 
emergency action would further reduce fishing mortality on these stocks 
and attempt to minimize regulatory discards, while simplifying industry 
understanding and enforcement of this trip limit.
5. Modified Regular B DAS Program
    The Regular B DAS Pilot Program was originally implemented by FW 
40A (69 FR 67780; November 19, 2004), and was intended to provide 
opportunities to use Regular B DAS outside of a SAP (and outside of 
closed areas) to target stocks that can withstand additional fishing 
effort. This program is regulated by a series of measures, including 
DAS limits, low trip limits, and incidental catch TACs for stocks of 
concern (i.e., groundfish stocks that cannot withstand additional 
fishing effort). Because of uncertainties in the operation of this 
program, it was implemented only for 1 year, and expired on October 31, 
2005. This proposed emergency rule would ``reinstate'' a Regular B DAS 
Program with measures similar to those originally implemented by FW 
40A, but would modify specific measures to achieve the objectives of 
this emergency action, as specified below. Due to the limited duration 
of this proposed Secretarial action, this program would no longer be 
called a ``pilot'' program.
    The Regular B DAS Pilot Program originally implemented by FW 40A 
allowed vessels issued a limited access monkfish Category C, or D 
permit to use a NE multispecies Regular B DAS to fulfill the 
requirements of the monkfish FMP, which requires such vessels to use a 
NE Multispecies DAS every time a monkfish DAS is used. Recent 
information indicates that Category C and D monkfish vessels were able 
to successfully target monkfish under the Regular B DAS Pilot Program 
during fishing years 2004 and 2005, and will likely increase this 
effort, as additional restrictions on groundfish are implemented under 
FW 42. A recent assessment of the monkfish resource in 2005, based upon 
the results of Stock Assessment Workshop 40 and an evaluation of the 
past three years of fall trawl surveys, indicates that the pace of 
monkfish rebuilding has slowed. Therefore, to reduce mortality on 
monkfish resulting from the use of Regular B DAS, this emergency action 
would restrict Category C, D, or F monkfish vessels (i.e., those 
monkfish vessels permitted to fish in the U.S./Canada Management Area) 
to the monkfish incidental catch limits when fishing under the Regular 
B DAS Program proposed by this action. Further, Category C, D, or F 
monkfish vessels may not use a NE multispecies Regular B DAS and a 
monkfish DAS under the Regular B DAS Program on the same trip. These 
vessels would still be able to participate in this program, but they 
would be required to fish under a NE multispecies DAS only and would be 
subject to the incidental catch limits for monkfish.
    The proposed action would allow eligible vessels to fish under the 
Regular B DAS Program to target healthy groundfish stocks (primarily GB 
haddock, pollock, and redfish) within the U.S./Canada Management Area 
only. Vessels that have declared a Regular B DAS Program trip would not 
be allowed to fish on that trip in an approved SAP. In order to limit 
the potential biological

[[Page 11064]]

impacts of the program, only 500 Regular B DAS may be used during the 
first quarter of the calendar year (May through July), while 1,000 
Regular B DAS may be used in subsequent quarters (August through 
October, November through January, and February through April). These 
DAS would not be allocated to individual vessels, but would be used by 
vessels on a first-come, first-served basis. 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 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: Vessel name, contact name for coordination of observer 
deployment, telephone number of contact, date, time, and port of 
departure. 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 Program. Vessels fishing in the 
Regular B DAS 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.
    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) of each groundfish species of concern per DAS, unless 
further restricted (see below). Further, vessels would be required to 
use a haddock separator trawl when participating in this program. 
Possession of flounders (all species, combined); monkfish (whole 
weight), unless otherwise specified below; and skates would be limited 
to 500 lb (227 kg) each, and possession of lobsters would be prohibited 
to ensure the proper utilization of the haddock separator trawl; a 
properly configured haddock separator trawl should not catch large 
quantities of these species. To further reduce the targeting of 
monkfish under this program, Category C, D, and F monkfish vessels 
participating in this program would be restricted by the monkfish 
incidental catch limits. In the Northern Fishery Management Area, the 
limit is 400 lb (181 kg) tail weight per DAS, or 50 percent of the 
total weight of fish on board, whichever is less. In the Southern 
Fishery Management Area, the incidental catch limit is 50 lb (23 kg) 
tail weight per DAS. Discarding of legal-sized monkfish would be 
prohibited when fishing under this program. If a vessel harvests and 
brings on board legal-sized groundfish species of concern or monkfish 
in excess of these landing limits, the vessel operator would be 
required to retain 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''). If a vessel flips from a Regular B DAS 
to a Category A DAS, it would be charged Category A DAS at a rate of 
1.4:1, and would be subject to the possession and landing restrictions 
that apply to the fishery as a whole (i.e., not the Regular B DAS 
Program limits).
    In order to ensure that a vessel would always have the ability to 
flip to a Category A DAS while fishing under a Regular B DAS (should it 
catch 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 divided by 1.4. For example, if 
a vessel plans a trip under the Regular B DAS 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 Program would be 
5 divided by 1.4, or 3.6 days. Therefore if the vessel were fishing 
under a Regular B DAS for 3.6 days, but was required to flip, the 
balance of Category A DAS would be sufficient to account for the amount 
of time fished (3.6 days fished times 1.4 DAS = 5 Category A DAS). 
However, to ensure that there is an adequate amount of Category A DAS 
available should the vessel be required to ``flip'' its DAS, it is 
advisable that a vessel owner, when planning a Regular B DAS Program 
trip, fish a lower number of Regular B DAS than the required maximum 
number. In the above example, if the vessel had a Category A DAS 
balance of 5, and fished 3.6 days of Regular B DAS prior to flipping, 
the amount of Category A DAS necessary to account for the time already 
fished would be available, but no additional Category DAS would be 
available for use between the time of flipping and the end of the trip. 
The proposed requirement would allow a vessel owner the potential to 
maximize the use of Regular B DAS.
    NMFS would administer the quarterly 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 the 
maximum number of Regular B DAS were used in a quarter, the Regular B 
DAS Program would end for that quarter.
    In order to limit the potential impact on F that the use of 
Category B DAS (Regular or Reserve) may have on groundfish stocks of 
concern, a quarterly incidental catch TAC would be set for groundfish 
stocks of concern for each program allowing the use of Category B DAS 
(Regular or Reserve). This action would add GB winter flounder and GB 
yellowtail flounder to the list of groundfish stocks of concern, based 
on the results of the GARM II, and allocate a portion of the incidental 
TAC to the Regular B DAS Program. The Regular B DAS Program quarterly 
incidental catch TACs would be divided to correspond to the allocation 
of Regular B DAS among quarters, such that the 1st quarter (May-July) 
would receive 13 percent of the incidental TACs, and the remaining 
quarters (August-October, November-January, and February-April) would 
each receive 29 percent of the incidental TACs.
    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 
Regular B DAS Program in the U.S./Canada Management Area would be 
prohibited for the remainder of that quarter. Vessels would be able to 
once again use Regular B DAS under this program at the beginning of the 
subsequent quarter.
    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 Program would undermine the 
achievement of the objectives of the FMP or the Regular B DAS Program, 
or if the level of observer coverage were insufficient to make such a 
projection.
    The provisions included in this measure are necessary to prevent 
additional fishing effort under the Regular B DAS Program from 
increasing F for stocks that are in need of the greatest F reductions 
for the 2006 fishing year (i.e., GOM cod, CC/GOM yellowtail flounder, 
and SNE/MA yellowtail flounder). Restricting this program to the U.S./
Canada

[[Page 11065]]

Management Area facilitates the monitoring and enforcement of 
provisions of the Regular B DAS Program, as proposed incidental catch 
TACs for stocks of concern in the GOM and SNE/MA RMAs may be too small 
to be monitored effectively. Further, the current regulations of the 
U.S./Canada Management Area provide sufficient authority to the 
Regional Administrator to monitor and control fishing activity under 
this program to ensure that incidental catch TACs are not exceeded 
during the 2006 fishing year. Moreover, restricting this program to the 
U.S./Canada Management Area would not affect the majority of vessels 
participating in this program, as previous fishing practices indicate 
that very few trips under this program were taken in the GOM or SNE/MA 
RMA. As a result, this measure provides some assurance that additional 
F under this program would be controlled and would not be redirected 
into the GOM or SNE/MA RMAs, but it would also provide economic and 
social benefits without altering vessel behavior to any great degree.
6. Redefinition of Incidental Catch TACs and Allocation to Special 
Programs
    Incidental catch TACs were first adopted in FW 40A in order to 
limit the catch of stocks of concern while vessels were using Category 
B DAS. As a result of groundfish assessments completed under GARM II, 
FW 42 would modify the number of incidental catch TACs, as well as the 
size and allocation of such incidental catch TACs. FW 42 proposes two 
new stocks of concern (GB yellowtail flounder and GB winter flounder 
are either overfished and/or overfishing is occurring) and the creation 
of incidental catch TACs for these two stocks in order to limit the 
impact of the use of Category B DAS on such stocks. Secondly, FW 42 
proposes modification of the size of the incidental catch TACs with 
respect to the target TACs from which they are calculated (see Table 
2).
    Because FW 42 has been delayed, the definition of the two new 
stocks of concern, the creation of two new incidental catch TACs, and 
the reallocation of incidental catch TACs among special programs are 
proposed in this action (Table 3). If the incidental TACs were not 
defined under this emergency, the use of Regular B DAS during the time 
this action is in place would undermine the achievement of the goals of 
the FMP (see discussion of Regular B Program in Section 4 of this 
preamble). If a change in the allocation of catch TACs among special 
programs were not proposed by this action, the special programs would 
be inconsistent with the intent of the Council. The programs that would 
be impacted by these proposed TACs are the Regular B DAS Pilot Program 
and potentially, the Eastern U.S./Canada Haddock SAP Program, if FW 42 
implementation is delayed beyond August 1, 2006. Although this action 
would not impact many stocks of concern, in order to simplify the 
process of TAC specification for the 2006 fishing year, as well as 
reduce confusion in the industry, this action defines the incidental 
catch TACs for all stocks of concern, and allocates TAC among programs 
consistent with FW 42 proposals. Note that this action does not specify 
values for TACs for the 2006 fishing year. A separate action is being 
developed by NMFS that will specify all TACs for the FMP for the 2006 
fishing year (Incidental Catch TACs, Target TACs, and U.S./Canada 
Management Area TACs for GB).

              Table 2.--Definition of Incidental Catch TACs
------------------------------------------------------------------------
                                                              Percentage
                           Stock                               of total
------------------------------------------------------------------------
GB cod.....................................................            2
GOM cod....................................................            1
GB yellowtail flounder.....................................            2
CC/GOM yellowtail flounder.................................            1
SNE/MA yellowtail flounder.................................            1
American plaice............................................            5
Witch flounder.............................................            5
SNE/MA winter flounder.....................................            1
GB winter flounder.........................................            2
White hake.................................................            2
------------------------------------------------------------------------

    These incidental catch TACs would be distributed to the various 
programs that utilize Category B DAS and catch these stocks of concern. 
The incidental catch TACs are proposed to be distributed among the 
Category B DAS programs as indicated in Table 3:

                   Table 3.--Distribution of Incidental Catch TACs for Category B DAS Programs
----------------------------------------------------------------------------------------------------------------
                                                                                   Closed area I
                                                                   Regular B DAS     hook gear     Eastern U.S./
                        Stocks of concern                             program       haddock SAP   Canada haddock
                                                                     (percent)       (percent)    SAP  (percent)
----------------------------------------------------------------------------------------------------------------
GB cod..........................................................              50              16              34
GB yellowtail flounder..........................................              50              NA              50
GB winter flounder..............................................              50              NA              50
Witch flounder..................................................             100              NA              NA
American plaice.................................................             100              NA              NA
White hake......................................................             100              NA              NA
----------------------------------------------------------------------------------------------------------------

7. DAS Leasing Program
    The DAS Leasing Program was originally implemented by Amendment 13 
to help mitigate the economic and social impacts of effort reductions 
in the fishery. The DAS Leasing Program was implemented for a duration 
of 2 years, and will expire on April 30, 2006. This action proposes to 
continue the DAS Leasing Program, as originally implemented by 
Amendment 13. The following briefly summarizes the provisions that form 
the basis of the DAS Leasing Program. These provisions would be 
continued unchanged, as implemented by Amendment 13:
    All vessels issued a valid limited access groundfish DAS permit 
would be eligible to lease groundfish Category A DAS to or from another 
such vessel. DAS associated with a certification of permit history 
could not be leased. Vessels issued a Small Vessel or Handgear A 
permit, i.e., vessels that do not require the use of groundfish DAS, 
would not be allowed to lease DAS, and vessels participating in an 
approved sector under the proposed Sector Allocation Program would not 
be allowed to lease DAS to non-sector vessels during the fishing year 
in which the vessel is participating in the sector. An eligible vessel 
wanting to lease groundfish DAS would be required to submit a complete 
application to the Regional Administrator at least 45 days prior to the 
time that the vessel intends to fish the leased DAS. Upon approval of 
the application by NMFS, the lessor and lessee would be sent written 
confirmation of the approved

[[Page 11066]]

application. Leased DAS would be effective only during the fishing year 
for which they were leased. A vessel could lease to as many qualified 
vessels as desired, provided all DAS leasing requests are consistent 
with the restrictions and conditions of the DAS Leasing Program. No 
subleasing of groundfish DAS would be allowed (i.e., any leased DAS 
could not be leased a second time) and vessels would not be allowed to 
lease carry-over DAS. Only Category A DAS could be leased.
    The maximum number of DAS that could be leased by a lessee is the 
lessee's vessel's DAS allocation for the 2001 fishing year (excluding 
any carryover DAS). The lessee would be able to utilize that number of 
DAS as Category A DAS, in addition to the Category A DAS balance the 
vessel had prior to acquiring the leased DAS. For example, if a vessel 
owner wants to lease additional DAS for a limited access multispecies, 
and that vessel had 88 DAS allocated to it in fishing year 2001, the 
maximum DAS it could lease would be 88. All leased DAS must be used in 
accordance with the DAS accounting regulations (i.e., differential DAS 
counting) proposed by this action. A lessor (vessel leasing DAS to 
another vessel) may not lease DAS to any vessel with a main engine 
horsepower rating that is 20 percent more than that of the lessor 
vessel, and may not lease DAS to any vessel that is 10 percent more 
than that of the lessor vessel's length overall. The vessel 
specifications used for the DAS Leasing Program are based on the permit 
baseline as of January 29, 2004, the publication date of the Amendment 
13 proposed rule (69 FR 4362).
    Because DAS use and landing history may be used to determine 
fishing rights in a future management action, the DAS Leasing Program 
includes a presumption for how such history would be accounted. For 
ease of administration, history of leased DAS use would be presumed to 
remain with the lessor vessel, and landings resulting from the use of 
the leased DAS would be presumed to be attributed to the lessee vessel 
(vessel receiving leased DAS). However, the history of used leased DAS 
would be presumed to remain with the lessor only if the lessee actually 
fished the leased DAS in accordance with the DAS notification program. 
For the purposes of DAS-use history, leased DAS would be considered to 
be the first DAS to be used, followed by the allocated DAS. Attributing 
landings history to the lessor would be inconsistent with the current 
vessel reporting system used for all other fisheries in the Northeast 
Region, and would be extremely difficult and costly for NMFS to 
implement. In the case of multiple lessors, the leased DAS actually 
used would be attributed to the lessors based on the order in which 
such leases were approved by NMFS.
    Limited access NE multispecies vessels that are also issued a 
limited access monkfish Category C, D, F, G, or H permit would be 
required to fish their available monkfish DAS in conjunction with their 
groundfish DAS, including leased DAS. If a monkfish Category C, D, F, 
G, or H vessel leases groundfish Category A DAS to another vessel, the 
lessor vessel would be required to forfeit a monkfish DAS for each 
groundfish A DAS that the vessel leases, equal in number to the 
difference between the number of remaining groundfish A DAS and the 
number of unused monkfish DAS at the time of the lease. For example, if 
a lessor vessel that had 40 unused monkfish DAS and 47 allocated 
groundfish A DAS leased 10 of its groundfish A DAS, the lessor would 
forfeit the use of 3 of its monkfish DAS (40 monkfish DAS - 37 
groundfish A DAS = 3 DAS) because it would have 3 fewer groundfish A 
DAS than monkfish DAS after the lease. The Monkfish FMP specifies that 
monkfish Category C, D, F, G, or H vessels must fish a groundfish A DAS 
concurrently with a monkfish DAS. Not deducting monkfish DAS in a 
situation where groundfish A DAS are leased (transferred) would allow 
monkfish and groundfish A DAS to be fished independently.
    Continuing the DAS Leasing Program in this emergency action would 
help mitigate the economic and social impacts resulting from the 
current FMP regulations that strictly limit fishing effort. The 
provisions detailed above for the DAS Leasing Program are proposed for 
implementation under this emergency action and are identical to those 
proposed for continuation under FW 42 in order to maintain consistency 
of the measures in this action with those adopted by the Council for 
implementation by FW 42 and to simplify the administration of this 
program.
8. Eastern U.S./Canada Haddock SAP
    This proposed emergency action would delay the opening of the 
Eastern U.S./Canada Haddock SAP from May 1 to August 1. This measure 
would also allocate a portion of the GB yellowtail flounder and GB 
winter flounder incidental catch TAC to the Eastern U.S./Canada Haddock 
SAP (see Table 3). As explained above, the value of these new 
incidental catch TACs are being specified through a concurrent agency 
action for implementation by May 1, 2006. An incidental catch TAC for 
GB cod for this SAP was previously allocated under FW 40A (November 19, 
2004; 69 FR 67780). Once any of these incidental catch TACs are caught, 
the use of Category B (Regular or Reserve) DAS in this SAP would be 
prohibited. Finally, possession of flounders (all species, combined), 
monkfish (whole weight), and skates would be limited to 500 lb (227 kg) 
each, and possession of lobsters would be prohibited to ensure the 
proper utilization of the haddock separator trawl; a properly 
configured haddock separator trawl should not catch large quantities of 
these species.
    This proposed measure would delay the opening of the SAP so that 
lower cod catch rates would allow more of the haddock TAC to be 
harvested while reducing the catch (and bycatch) of GB cod. This 
measure is based, in part, on recommendations of the Groundfish 
Advisory Panel and the Groundfish Committee. The Advisors suggested 
delaying the start date of this SAP to August 1, due to concerns over 
lower price for haddock, poor condition of the fish due to recent 
spawning, and to provide further protection for GB cod and GB 
yellowtail flounder by eliminating bycatch of these species under this 
SAP from May through July. The incidental catch TACs for GB yellowtail 
flounder and GB winter flounder would prevent this SAP from threatening 
mortality objectives for these stocks.
9. Eastern U.S./Canada Area Flexibility
    This emergency action proposes to allow a vessel that begins a 
fishing trip in the Eastern U.S./Canada Area to choose to fish in other 
areas on the same trip. If a vessel chooses to fish outside of the 
Eastern U.S./Canada Area after fishing inside that area, the operator 
must notify NMFS via VMS prior to leaving the dock or prior to leaving 
the Eastern U.S./Canada Area on its return to port and must comply with 
the most restrictive possession limits for the areas fished. A vessel 
electing to fish inside and outside of the Eastern U.S./Canada Area 
would be charged Category A DAS for the entire trip and the vessel 
would not receive any steaming time credit. In addition, all cod and 
haddock caught on the entire trip would be applied against the Eastern 
U.S./Canada Area TACs for these species, all yellowtail flounder would 
be applied to the overall U.S./Canada Management Area TAC for this 
species. The vessel must comply with reporting requirements for the 
Eastern U.S./Canada Area for the entire trip. A vessel is prohibited 
from fishing outside of the Eastern U.S./Canada Area on the same trip 
if it has already exceeded the restrictive possession limits for a

[[Page 11067]]

particular species outside of the Eastern U.S./Canada Area. For 
example, if a vessel fishing in the Eastern U.S./Canada Area in June 
has already caught 500 lb (226.8 kg) of GB yellowtail flounder, the 
vessel operator would be prohibited from fishing in the GOM RMA or SNE/
MA RMA on the same trip because the vessel has already exceeded the 
June SNE/MA and GOM yellowtail flounder possession limit of 250 lb per 
trip (113.4 kg per trip) proposed by this action. However, the vessel 
could continue to fish within the Western U.S./Canada Area for the 
remainder of the trip.
    This measure addresses a potential safety concern which could arise 
out of the Amendment 13 restriction that vessels fishing in the Eastern 
U.S./Canada Area cannot fish in any other area. If worsening weather is 
forecast, a vessel captain fishing in the Eastern U.S./Canada Area 
currently has only two choices: End the trip early, or continue to fish 
in the Eastern U.S./Canada Area. The vessel operator cannot ``hedge his 
bets'' by choosing to fish closer to shore after leaving the Eastern 
U.S./Canada Area. The risk is that fishermen will keep fishing in the 
area until it is too late to evade a rapidly advancing storm. This 
measure would provide fishermen another option, which would reduce the 
chances of an economic loss for the trip, and therefore, reduce the 
economic incentive for a vessel operator to fish under unsafe weather 
conditions. In order to prevent misreporting of cod and haddock caught 
in the Eastern U.S./Canada Area, all cod, haddock, and yellowtail 
flounder caught on the trip would be applied to the species TACs for 
that area. This is a conservative approach that will help ensure the 
U.S./Canada Area TACs are not exceeded. Prohibiting a vessel from 
fishing outside of the Eastern U.S./Canada Area on the same trip if it 
has exceeded a possession limit for a specific stock is necessary to 
properly enforce the possession limit provisions of the FMP. These 
proposed measures are consistent with the measures adopted by the 
Council for implementation in FW 42.
10. Recreational Restrictions
    Under this proposed action, private recreational vessels and 
vessels fishing under the charter/party regulations of the FMP would be 
prohibited from possessing or retaining any cod from the GOM RMA from 
November 1-March 31. Also, the minimum size of cod for private 
recreational vessels and charter/party vessels fishing in the GOM would 
be increased from 22 inches (56 cm) to 24 inches (61 cm) for the 
duration of this emergency action. Private recreational and charter/
party vessels would be allowed to transit the GOM RMA with cod caught 
from outside this area, provided all bait and hooks are removed from 
fishing rods and all cod are stored in coolers or ice chests.
    These measures are intended to achieve a proportional share of the 
necessary F reductions for GOM cod from the recreational sector. These 
measures are designed to achieve the same reduction in F for GOM cod as 
that achieved by measures intended to reduce F for this species in the 
commercial fishery, as described above. The gear and cod stowage 
requirements are necessary to properly enforce these measures. These 
measures are consistent with the measures adopted by the Council for 
implementation in FW 42.

Classification

    Because this action is a proposed rule, at this time, NMFS has not 
made a final determination that the emergency measures that this 
proposed rule would implement are consistent with the national 
standards of the Magnuson-Stevens Act and other applicable laws. NMFS, 
in making the final 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 Executive Order (E.O.) 12866.
    This proposed rule does not contain policies with Federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    NMFS prepared an IRFA as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action are contained in the preamble to this proposed rule and in the 
Executive Summary and Sections 3.0 and 4.0 of the EA prepared for this 
action.
    As described above, the proposed action would implement measures to 
immediately reduce fishing mortality on particular groundfish stocks 
for the start of the 2006 fishing year on May 1, 2006. This action is 
necessary to maintain efforts to continue the rebuilding programs 
established under Amendment 13. The DAS Leasing Program and a modified 
Regular B DAS Program would be continued in this action to help offset 
some of the economic and social impacts of continued effort reductions 
in the groundfish fishery and to provide some means of regulating 
effort shifts caused by differential DAS counting proposed by this 
action.
    Because this action largely builds on and amends Amendment 13 and 
subsequent framework actions, measures for which numerous alternatives 
were considered, NMFS only fully considered two alternatives for 
analysis: The proposed emergency action and the No Action alternative. 
Two other alternatives (area closures and a hard TAC alternative) were 
considered, but were rejected because they did not meet the objectives 
of this action. The area closure alternative included closing portions 
of the GOM RMA and was rejected because these alternatives could have 
forced fishing effort to move into other RMAs, would have prohibited a 
majority of the fishing industry from operating in the GOM and could 
have caused unnecessary impacts on healthy groundfish stocks. The hard 
TAC alternative included hard TACs for species requiring F reductions 
for 2006, but were rejected because current data collection mechanisms 
do not allow for the complete, real-time catch monitoring that would be 
necessary for a hard-TAC alternative and that such an alternative would 
be inconsistent with measures adopted in FW 42. Analysis of this 
proposed emergency action examined the impacts on the fishing industry 
that would result from the continuation of the current management 
measures (i.e., the set of measures currently in place for the NE 
multispecies fishery through the October 14, 2005, implementation of 
measures contained in FW 41 (70 FR 54302; September 14, 2005)), along 
with the measures proposed by this emergency action and described in 
the SUMMARY. The No Action alternative is defined as the current 
management measures, including the two default measures implemented by 
Amendment 13 (a change in the ratio of Category A to Category B DAS 
from 60:40 to 55:45, and differential DAS counting at a rate of 1.5:1 
in the SNE/MA RMA). The No Action alternative would retain the current 
trip limits for GOM cod and CC/GOM, GB, and SNE/MA yellowtail flounder. 
In addition, under the No Action alternative, the DAS Leasing Program 
and the Regular B DAS Pilot Program would expire prior to May 1, 2006, 
and the Eastern U.S./Canada Haddock SAP would expire on November 18, 
2006.

[[Page 11068]]

Description of and Estimate of the Number of Small Entities to Which 
the Proposed Rule Would Apply

    Any vessel that possesses a NE multispecies permit would be 
required to comply with the proposed regulatory action. However, for 
the purposes of determination of impact, only vessels that actually 
participated in an activity during fishing year 2004 that would be 
affected by the proposed action were considered for analysis. During 
fishing year 2004, 1,002 permit holders had an allocation of Category A 
DAS. Limited access permit holders may participate in both commercial 
and party/charter activity without having a party/charter permit. In 
fishing year 2004, 705 entities participated in the commercial 
groundfish fishery and 6 participated in the party/charter fishery for 
GOM cod. Four of these entities participated in both commercial and 
party/charter activities, leaving a total of 707 unique vessels with an 
allocation of Category A DAS that may be affected by the proposed 
action. Based on fishing year 2004 data, the proposed action would have 
a potential impact on a total of 3,216 limited or open access 
groundfish permit holders, of which less than one-third (976) actually 
participated in either a commercial or party/charter activity that 
would be affected by the proposed action. Of these, 858 commercial 
fishing vessels would be affected by this proposed action, including 
132 limited access monkfish Category C or D vessels that fished in the 
Regular B DAS Pilot Program during fishing year 2004-2005.
    The SBA size standard for small commercial fishing entities is $4 
million in gross sales, and the size standard for small party/charter 
operators is $6.5 million. Available data for fishing year 2004 gross 
sales show that the maximum gross for any single commercial fishing 
vessel was $1.8 million, and the maximum gross sales for any affected 
party/charter vessel was $1.0 million. While an entity may own multiple 
vessels, available data make it difficult to determine which vessels 
may be controlled by a single entity. For this reason, each vessel is 
treated as a single entity for purposes of size determination and 
impact assessment. This means that all commercial and party/charter 
fishing entities would fall under the SBA size standard for small 
entities and, therefore, there is no differential impact between large 
and small entities.

Economic Impacts of the Proposed Action

    The proposed action would continue the Amendment 13 default measure 
that would reduce the number of available Category A DAS. In addition, 
the proposed action would implement differential DAS counting for all 
Category A DAS used in all RMAs at a rate of 1.4:1, reduce trip limits 
for several species, continue the DAS Leasing Program and a modified 
Regular B DAS Program restricted to the U.S./Canada Management Area, 
delay the start date of the Eastern U.S./Canada Area Haddock SAP, allow 
vessels to fish inside and outside of the Eastern U.S./Canada Area on 
the same trip, and impose recreational fishing measures designed to 
reduce fishing mortality on GOM cod. The economic impacts of the 
proposed differential DAS counting and trip limits were able to be 
assessed using the Closed Area Model (CAM). Separate analyses were 
conducted for the impacts of the continuation of the DAS Leasing 
Program and a modified Regular B DAS Program, the delayed start date 
for the Eastern U.S./Canada Haddock SAP, and the recreational measures.
    The results of the CAM indicate that the proposed action would have 
the greatest impact on vessels from Maine, New Hampshire, and 
Massachusetts. The proposed action would have a disproportionate impact 
on groundfish vessels in excess of 70 ft (21.3 m) length overall and 
would affect trawl vessels more than gillnet or hook gear vessels. 
Vessels with the highest yearly gross sales (i.e., more than $320,000) 
would be more affected than vessels with lower yearly gross sales. Of 
the 858 participating commercial fishing vessels, more than 80 percent 
may be expected to incur at least some reduction in net return in 
fishing year 2006 compared to fishing year 2004-05 levels. One-half of 
all participating vessels would be expected to have net returns reduced 
by at least 12 percent from their 2004 net returns, and 25 percent 
(215) of all participating vessels may incur losses in net returns that 
exceed 22 percent. Overall, the proposed action is expected to result 
in a 28-percent reduction in fishing revenue, for an aggregate impact 
of $30.5 million in gross sales. This loss represents less than 4 
percent of total region-wide fishing revenues from all species. Total 
groundfish revenue is expected to be reduced by 32 percent, resulting 
in an estimate of $53 million in the landed value of groundfish for 
fishing year 2006.
    Because the proposed action would affect vessels that may 
participate in the Eastern U.S./Canada Haddock SAP and/or the Regular B 
DAS Program, and participation in these programs is voluntary, it is 
difficult to estimate the impact on any given small entity 
participating in these programs. During fishing year 2004, catch rates 
of cod in the Eastern U.S./Canada Area Haddock SAP during May and June 
were sufficient to close the SAP well before the allowable TAC for 
haddock could be harvested. Delaying the start date for the Eastern 
U.S./Canada Area Haddock SAP is expected to reduce the amount of cod 
taken in the SAP, and would allow for more trips to be taken to the 
SAP, resulting in an increase in the amount of harvested haddock. 
Therefore, this measure would likely provide greater economic 
opportunity to small commercial fishing entities than if the regulation 
were left unchanged.
    The proposed action would continue a modified Regular B DAS 
Program. This program differs from that originally implemented by FW 
40A in that the proposed program would restrict this program to the 
U.S./Canada Management Area, reduce the number of available Regular B 
DAS in this program between May and July to 500, require participating 
vessels to use a haddock separator trawl, and implement incidental 
catch TACs and restrictive possession limits for GB winter flounder and 
GB yellowtail flounder. Analysis of the impacts of the modified Regular 
B DAS Program in the U.S./Canada Management Area suggests that the 
proposed action changes may diminish the extent to which the program 
will improve economic opportunities for commercial fishing vessels 
compared to the Regular B DAS Pilot Program implemented under FW 40A. 
Restricting the program to the U.S./Canada Management Area under this 
proposed action may put smaller vessels (in terms of physical size) at 
a disadvantage relative to larger vessels, due to the distance from 
shore that vessels would have to traverse to access the area. The 
requirement to use the separator trawl or gear that meets specified 
standards means that, in order to participate, vessels would be 
required to bear the added cost of acquiring new gear, or incurring the 
expense of modifying existing gear. Vessels operating at the brink of 
break-even may not be able to afford this added expense. However, the 
implementation of incidental catch TACs for GB winter flounder and GB 
yellowtail flounder is expected to have the greatest economic impact to 
participating vessels. First, revenue

[[Page 11069]]

from the sale of these two species will be dramatically reduced, as the 
incidental TAC would be set at levels that would be nearly 10 times 
lower than observed landings during fishing year 2004. Second, 
available data indicate that catch rates of GB winter flounder may be 
sufficient to result in closure of the area to Regular B DAS well 
before the quarterly allocation of Regular B DAS has been used. Unless 
the separator trawl also reduces catches of winter and yellowtail 
flounders in addition to cod, the estimated revenues from the Regular B 
DAS Program in fishing year 2006 (about $3 million) may be as much as 
two-thirds less than what was observed under the Regular B DAS Pilot 
Program during fishing years 2004 and 2005.
    The continuation of the DAS Leasing Program through this proposed 
action would continue to offer economic benefits that help offset the 
impacts of the effort reductions of Amendment 13 and those proposed by 
this action. The DAS Leasing Program provided regulatory relief that 
allowed lessee vessels, on average, to fish enough DAS to cover their 
overhead and crew expenses. Assuming that the DAS Leasing Program would 
operate in a similar manner as previous years, the benefits of this 
program would likely accrue primarily to lessee vessels in Maine and 
Massachusetts.
    This emergency action would delay the start date of the Eastern 
U.S./Canada Haddock SAP to August 1, 2006. Based on catch rates 
observed between May through July 2005, this delay could result in the 
loss of $1.25 million based on revenue generated from the sale of 
landed catch during this period. However, this loss is expected to be 
offset by the potential for this delayed start date to prolong 
availability of the GB cod and GB yellowtail flounder TACs specified 
for the Eastern U.S./Canada Area and this program. In doing so, vessels 
may obtain higher prices for these species throughout the year than 
they would if they were allowed to land larger amounts early in the 
fishing year, creating a glut in the market.
    By allowing vessels to fish inside and outside of the Eastern U.S./
Canada Area on the same trip, the proposed action would allow fishermen 
more flexibility to adapt to weather conditions and to respond to 
potential economic advantages in cases where fishing may be poorer than 
anticipated. In these cases, vessel operators may find it to their 
advantage to leave the Eastern U.S./Canada Area and fish more 
profitably elsewhere. In doing so, vessels would be able to maximize 
the economic returns of trips into the Eastern U.S./Canada Area. 
However, it is impossible to predict the behavior of vessels electing 
to fish inside and outside of the Eastern U.S./Canada Area on the same 
trip. As a result, quantitative estimates of economic impact of this 
measure are not possible. It is expected that the economic impacts of 
this measure would be positive.
    This proposed action would implement a seasonal prohibition on 
retention of cod from November through March and would increase the 
minimum size from 22 to 24 inches (55.9 to 61 cm) for party/charter and 
private recreational vessels. A total of 143 different party/charter 
vessels took at least one trip in the GOM and landed cod. Small party/
charter fishing businesses would be affected by these changes through 
any potential reductions in passenger demand for recreational party/
charter fishing trips. The seasonal prohibition on possession of cod 
would likely affect passenger demand if cod is a preferred target 
species, even if fishing for alternative groundfish species (primarily 
haddock) would still be allowed. The economic impact of the seasonal 
prohibition would have no impact on most party/charter operators since 
only 25 of the 143 affected vessels actually took any trips during the 
proposed season. Of these 25 affected vessels, only 2 took passengers 
for hire exclusively during the duration of the proposed seasonal 
prohibition, and the reduction in passenger fees on the other 23 
vessels was estimated to range from less than 1 percent to a high of 29 
percent, with a median loss of 9 percent. However, the number of 
passengers carried by these vessels during the proposed seasonal 
prohibition represented only about 2 percent of the market for party/
charter passengers that landed cod in the GOM during fishing year 2004 
and would have only a small impact on the competitive market for 
recreational fishing passengers. Since a much larger proportion of 
private boat trips take place during these months, the adverse impact 
would be more for private boat anglers as compared to party/charter 
anglers.

Economic Impacts of Alternatives to the Proposed Action

    The other alternative to the proposed action that was analyzed was 
the No Action alternative. The No Action alternative includes the 
default Amendment 13 reduction in the number of available Category A 
DAS. However, the No Action alternative does not include the DAS 
Leasing Program or the Regular B DAS Pilot Program, as these programs 
have or would expire before the start of the 2006 fishing year on May 
1, 2006. This alternative would also retain the current GOM cod trip 
limit of 800 lb (363 kg)/DAS, up to 4,000 lb (1,814 kg)/trip; no trip 
limit for GB yellowtail flounder; and a seasonal trip limit of 750 lb 
(340 kg)/DAS, up to 3,000 lb (1,361 kg)/trip and 250 lb (113 kg)/trip 
for CC/GOM and SNE/MA yellowtail flounder.
    The No Action alternative would result in an estimated reduction in 
total groundfish revenue of 6 percent, resulting in an estimated landed 
value of groundfish for fishing year 2006 of $73 million, while total 
revenue on trips where groundfish are landed would decrease by 7 
percent. Compared to the landed value of all species landed in the NE 
region, the reduction in combined groundfish trip value represents 
about 0.7 percent of the total. The estimated reduction in groundfish 
trip revenue is highest in ports bordering the SNE/MA RMA, but the 
overall impact is expected to be greatest on ports in the GOM. Total 
net returns to the vessel owner and crew would decrease by an average 
of 3-4 percent. As with the proposed action, larger trawl vessels would 
be most affected by the No Action alternative, with the greatest 
impacts on those vessels with the greatest dependence on groundfish.

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

    This proposed rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) that has been previously 
approved by OMB under control numbers 0648-0202, 0648-0212, and 0648-
0475. Public reporting burden for these collections of information are 
estimated as follows:
    1. GB cod research set-aside TAC request, OMB 0648-0202 
(30 min/response);
    2. VMS purchase and installation, OMB 0648-0202, (1 hr/
response);
    3. VMS proof of installation, OMB 0648-0202, (5 min/
response);
    4. Automated VMS polling of vessel position, OMB 0648-
0202, (5 sec/response);
    5. Declaration of intent to participate in the Regular B DAS 
Program or fish in the U.S./Canada Management Areas and associated SAPs 
and DAS to be used via VMS prior to each trip into the Regular B DAS 
Program or a particular SAP, OMB 0648-0202, (5 min/response);
    6. Notice requirements for observer deployment prior to every trip 
into the Regular B DAS Program or the U.S./Canada Management Areas and

[[Page 11070]]

associated SAPs, OMB 0648-0202, (2 min/response);
    7. Daily electronic reporting of kept and discarded catch of stocks 
of concern and GB cod, GB haddock, and GB yellowtail flounder while 
participating in the Regular B DAS Program or fishing in the U.S./
Canada Management Areas and associated SAPs, respectively, OMB 
0648-0212, (15 min/response);
    8. 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 (15 min/response);
    9. DAS ``flip'' notification via VMS for the Regular B DAS Program, 
OMB 0648-0202 (5 min/response);
    10. DAS Leasing Program application, OMB 0648-0475 (10 
min/response); and
    11. Declaration of intent to fish inside and outside of the Eastern 
U.S./Canada Area on the same trip, OMB 0648-0202 (5 min/
response).
    These estimates include the time required for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    The information collection for the declaration of the intent to 
fish inside and outside of the Eastern U.S./Canada Area is currently 
being interpreted as a modification of the DAS ``flip'' notification. 
When a vessel ``flips'' its DAS declaration from Category B DAS to 
Category A DAS, it is informing NMFS that it is changing the DAS being 
used for that trip. In a similar manner, a vessel would ``flip'' its 
area declaration from exclusively in the Eastern U.S./Canada Area to 
being able to fish inside and outside of the Eastern U.S./Canada Area 
on the same trip. Since the original information collection submission 
for the DAS flipping measure overestimated the number of DAS flips that 
would occur during a particular fishing year, this action proposes to 
reduce the burden associated with that measure and add a burden for the 
declaration of the intent to fish inside and outside of the Eastern 
U.S./Canada Area by the same amount. In this manner, the burdens of 
both information collections are appropriately accounted for and the 
information collection submissions would more accurately reflect vessel 
practices. To document this revision, the information collection 
previously approved by the OMB under OMB 0648-0202 is being 
revised by means of a worksheet, as authorized by consultation with the 
OMB. Send comments regarding this burden estimate, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS (see ADDRESSES) and by e-mail to [email protected], or 
fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 24, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.4, paragraphs (a)(1)(i)(A), (B), (E), (G), and (J); 
(a)(2)(i)(B), (E), (G), and (J); (a)(3)(i)(B), (E), (G), and (J); 
(a)(4)(i)(B), (E), (G), and (J); (a)(5)(i)(B), (E), (G), and (J); 
(a)(6)(i)(B), (E), (G), and (J); (a)(7)(i)(B), (E), (G), and (J); 
(a)(9)(i)(E), (G), and (J); (a)(12)(i)(B)(2), (E), (G), and (J); 
(a)(13)(i)(B) and (G); and (c)(2)(iii)(A) are suspended and paragraphs 
(a)(1)(i)(N) through (R); (a)(2)(i)(N), (P), and (Q); (a)(3)(i)(M) 
through (P); (a)(4)(i)(N) through (Q); (a)(5)(i)(M) through (P); 
(a)(6)(i)(M) through (P); (a)(7)(i)(M) through (P); (a)(9)(i)(O) 
through (Q); (a)(12)(i)(N) through (Q); (a)(13)(i)(O) and (P); and 
(c)(2)(iii)(C) are added to read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (1) * * *
    (i) * * *
    (N) Eligibility. To be eligible to apply for a limited access NE 
multispecies permit, as specified in Sec.  648.82, a vessel must have 
been issued a limited access NE multispecies permit for the preceding 
year, be replacing a vessel that was issued a limited access NE 
multispecies permit for the preceding year, or be replacing a vessel 
that was issued a confirmation of permit history; unless otherwise 
specified in this paragraph (a)(1)(i)(N). For the fishing year 
beginning May 1, 2004, a vessel may apply for a limited access Handgear 
A permit described in Sec.  648.82(u)(6), if it meets the criteria 
described under paragraphs (a)(1)(i)(N)(1), (2), and (3) of this 
section.
    (1) The vessel must have been previously issued a valid NE 
multispecies open access Handgear permit during at least 1 fishing year 
during the fishing years 1997 through 2002; and
    (2) The vessel must have landed and reported to NMFS at least 500 
lb (226.8 kg) of cod, haddock, or pollock, when fishing under the open 
access Handgear permit in at least 1 of the fishing years from 1997 
through 2002, as indicated by NMFS dealer records (live weight), 
submitted to NMFS prior to January 29, 2004.
    (3) Application/renewal restrictions. The vessel owner must submit 
a complete application for an initial limited access handgear permit 
before May 1, 2005. For fishing years beyond the 2004 fishing year, the 
provisions of paragraph (a)(1)(i)(O) of this section apply.
    (O) Application/renewal restrictions. All limited access permits 
established under this section must be issued on an annual basis by the 
last day of the fishing year for which the permit is required, unless a 
Confirmation of Permit History (CPH) has been issued as specified in 
paragraph (a)(1)(i)(R) of this section. Application for such permits 
must be received no later than 30 days before the last day of the 
fishing year. Failure to renew a limited access permit in any fishing 
year bars the renewal of the permit in subsequent years.
    (P) Replacement vessels. With the exception of vessels that have 
obtained a limited access Handgear A permit described in Sec.  
648.82(u)(6), to be eligible for a limited access permit under this 
section, the replacement vessel must meet the following criteria and 
any other applicable criteria under paragraph (a)(1)(i)(F) of this 
section:
    (1) The replacement vessel's horsepower may not exceed by more than 
20 percent the horsepower of the vessel's baseline specifications, as 
applicable; and
    (2) The replacement vessel's length, GRT, and NT may not exceed by 
more than 10 percent the length, GRT, and NT of the vessel's baseline 
specifications, as applicable.
    (Q) Consolidation restriction. Except as provided for in the NE 
Multispecies DAS Leasing Program, as specified in Sec.  648.82(t), and 
the NE Multispecies DAS Transfer Program, as specified in Sec.  
648.82(l), limited access permits and DAS allocations may not be 
combined or consolidated.
    (R) Confirmation of permit history. Notwithstanding any other 
provisions of

[[Page 11071]]

this part, a person who does not currently own a fishing vessel, but 
who has owned a qualifying vessel that has sunk, been destroyed, or 
transferred to another person, must apply for and receive a CPH if the 
fishing and permit history of such vessel has been retained lawfully by 
the applicant. To be eligible to obtain a CPH, the applicant must show 
that the qualifying vessel meets the eligibility requirements, as 
applicable, in this part. Issuance of a valid CPH preserves the 
eligibility of the applicant to apply for a limited access permit for a 
replacement vessel based on the qualifying vessel's fishing and permit 
history at a subsequent time, subject to the replacement provisions 
specified in this section. If fishing privileges have been assigned or 
allocated previously under this part, based on the qualifying vessel's 
fishing and permit history, the CPH also preserves such fishing 
privileges. A CPH must be applied for in order for the applicant to 
preserve the fishing rights and limited access eligibility of the 
qualifying vessel. An application for a CPH must be received by the 
Regional Administrator no later than 30 days prior to the end of the 
first full fishing year in which a vessel permit cannot be issued. 
Failure to do so is considered abandonment of the permit as described 
in paragraph (a)(1)(i)(K) of this section. A CPH issued under this part 
will remain valid until the fishing and permit history preserved by the 
CPH is used to qualify a replacement vessel for a limited access 
permit. Any decision regarding the issuance of a CPH for a qualifying 
vessel that has applied for or been issued previously a limited access 
permit is a final agency action subject to judicial review under 5 
U.S.C. 704. Information requirements for the CPH application are the 
same as those for a limited access permit. Any request for information 
about the vessel on the CPH application form refers to the qualifying 
vessel that has been sunk, destroyed, or transferred. Vessel permit 
applicants who have been issued a CPH and who wish to obtain a vessel 
permit for a replacement vessel based upon the previous vessel history 
may do so pursuant to paragraph (a)(1)(i)(P) of this section.
* * * * *
    (2) * * *
    (i) * * *
    (N) Application/renewal restrictions. See paragraph (a)(1)(i)(O) of 
this section.
    (O) Replacement vessels. See paragraph (a)(1)(i)(P) of this 
section.
    (P) Consolidation restriction. See paragraph (a)(1)(i)(Q) of this 
section.
    (Q) Confirmation of Permit History. See paragraph (a)(1)(i)(R) of 
this section.
* * * * *
    (3) * * *
    (i) * * *
    (M) Application/renewal restrictions. See paragraph (a)(1)(i)(O) of 
this section.
    (N) Replacement vessels. See paragraph (a)(1)(i)(P) of this 
section.
    (O) Consolidation restriction. See paragraph (a)(1)(i)(Q) of this 
section.
    (P) Confirmation of Permit History. See paragraph (a)(1)(i)(R) of 
this section.
* * * * *
    (4) * * *
    (i) * * *
    (N) Application/renewal restrictions. See paragraph (a)(1)(i)(O) of 
this section.
    (O) Replacement vessels. See paragraph (a)(1)(i)(P) of this 
section.
    (P) Consolidation restriction. See paragraph (a)(1)(i)(Q) of this 
section.
    (Q) Confirmation of Permit History. See paragraph (a)(1)(i)(R) of 
this section.
* * * * *
    (5) * * *
    (i) * * *
    (M) Application/renewal restrictions. See paragraph (a)(1)(i)(O) of 
this section.
    (N) Replacement vessels. See paragraph (a)(1)(i)(P) of this 
section.
    (O) Consolidation restriction. See paragraph (a)(1)(i)(Q) of this 
section.
    (P) Confirmation of Permit History. See paragraph (a)(1)(i)(R) of 
this section.
* * * * *
    (6) * * *
    (i) * * *
    (M) Application/renewal restrictions. See paragraph (a)(1)(i)(O) of 
this section.
    (N) Replacement vessels. See paragraph (a)(1)(i)(P) of this 
section.
    (O) Consolidation restriction. See paragraph (a)(1)(i)(Q) of this 
section.
    (P) Confirmation of Permit History. See paragraph (a)(1)(i)(R) of 
this section.
* * * * *
    (7) * * *
    (i) * * *
    (M) Application/renewal restrictions. See paragraph (a)(1)(i)(O) of 
this section.
    (N) Replacement vessels. See paragraph (a)(1)(i)(P) of this 
section.
    (O) Consolidation restriction. See paragraph (a)(1)(i)(Q) of this 
section.
    (P) Confirmation of Permit History. See paragraph (a)(1)(i)(R) of 
this section.
* * * * *
    (9) * * *
    (i) * * *
    (O) Replacement vessels. (1) See paragraph (a)(1)(i)(P) of this 
section.
    (2) A vessel >=51 GRT that lawfully replaced a vessel <51 GRT 
between February 27, 1995, and October 7, 1999, that meets the 
qualification criteria set forth in paragraph (a)(9)(i)(A) of this 
section, but exceeds the 51 GRT vessel size qualification criteria as 
stated in paragraph (a)(9)(i)(A)(2) or (4) of this section, may qualify 
for and fish under the permit category for which the replaced vessel 
qualified.
    (3) A vessel that replaced a vessel that fished for and landed 
monkfish between February 28, 1991, and February 27, 1995, may use the 
replaced vessel's history in lieu of or in addition to such vessel's 
fishing history to meet the qualification criteria set forth in 
paragraphs (a)(9)(i)(A)(1), (2), (3), or (4) of this section, unless 
the owner of the replaced vessel retained the vessel's permit or 
fishing history, or such vessel no longer exists and was replaced by 
another vessel according to the provisions in paragraph (a)(1)(i)(D) of 
this section.
    (4) A vessel that replaced a vessel that fished for and landed 
monkfish between March 15 through June 15 in the years 1995 through 
1998, may use the replaced vessel's history in lieu of, or in addition 
to, such vessel's fishing history to meet the qualification criteria 
set forth in paragraphs (a)(9)(i)(A)(6) and (7) of this section, unless 
the owner of the replaced vessel retained the vessel's permit or 
fishing history, or such vessel no longer exists and was replaced by 
another vessel according to the provision of paragraph (a)(1)(i)(D) of 
this section.
    (P) Consolidation restriction. See paragraph (a)(1)(i)(Q) of this 
section.
    (Q) Confirmation of permit history. See paragraph (a)(1)(i)(R) of 
this section.
* * * * *
    (12) * * *
    (i) * * *
    (N) For fishing years beyond the initial application year, the 
provisions of paragraph (a)(1)(i)(O) of this section apply.
    (O) Replacement vessels. The provisions of paragraph (a)(1)(i)(P) 
of this section apply.
    (P) Consolidation restriction. The provisions of paragraph 
(a)(1)(i)(Q) of this section apply.
    (Q) Confirmation of permit history. The provisions of paragraph 
(a)(1)(i)(R) of this section apply.
* * * * *
    (13) * * *
    (i) * * *
    (O) Fishing years 2003 and beyond. For fishing years beyond the 
initial year, the provisions of paragraph (a)(1)(i)(O) of this section 
apply.
    (P) Consolidation restriction. The provisions of paragraph 
(a)(1)(i)(Q) of this section apply.
* * * * *
    (c) * * *

[[Page 11072]]

    (2) * * *
    (iii) * * *
    (C) For vessels fishing for NE multispecies with gillnet gear, with 
the exception of vessels fishing under the Small Vessel permit 
category, an annual declaration as either a Day or Trip gillnet vessel 
designation, as described in Sec.  648.82(s). A vessel owner electing a 
Day or Trip gillnet designation must indicate the number of gillnet 
tags that he/she is requesting, and must include a check for the cost 
of the tags. A permit holder letter will be sent to the owner of each 
eligible gillnet vessel, informing him/her of the costs associated with 
this tagging requirement and providing directions for obtaining tags. 
Once a vessel owner has elected this designation, he/she may not change 
the designation or fish under the other gillnet category for the 
remainder of the fishing year. Incomplete applications, as described in 
paragraph (e) of this section, will be considered incomplete for the 
purpose of obtaining authorization to fish in the NE multispecies 
gillnet fishery and will be processed without a gillnet authorization.
* * * * *
    3. In Sec.  648.10, paragraphs (b)(1)(vii); (b)(2)(i), (iii), and 
(iv); (b)(3)(i)(A) and (C); (b)(3)(ii) and (iii); (c)(1) and (3); and 
(f)(2) are suspended and paragraphs (b)(1)(x); (b)(2)(v) through (vii); 
(b)(3)(i)(E) and (F); (b)(3)(iv) and (v); (c)(6) and (7); and (f)(3) 
are added to read as follows:


Sec.  648.10  DAS and VMS notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (x) A vessel electing to fish under the Regular B DAS Program, as 
specified in Sec.  648.85(b)(10);
* * * * *
    (2) * * *
    (v) A vessel that has crossed the VMS Demarcation Line specified 
under paragraph (a) of this section is deemed to be fishing under the 
DAS program, unless the vessel's owner or authorized representative 
declares the vessel out of the scallop, NE multispecies, or monkfish 
fishery, as applicable, for a specific time period by notifying the 
Regional Administrator through the VMS prior to the vessel leaving 
port, or unless the vessel's owner or authorized representative 
declares the vessel will be fishing in the Eastern U.S./Canada Area as 
described in Sec.  648.85(a)(3)(viii) under the provisions of that 
program.
    (vi) DAS counting for a vessel that is under the VMS notification 
requirements of this paragraph (b), with the exception of vessels that 
have elected to fish exclusively in the Eastern U.S./Canada Area on a 
particular trip, pursuant to Sec.  648.85(a), begins with the first 
location signal received showing that the vessel crossed the VMS 
Demarcation Line after leaving port. DAS end with the first location 
signal received showing that the vessel crossed the VMS Demarcation 
Line upon its return to port. For those vessels that have elected to 
fish in the Eastern U.S./Canada Area pursuant to Sec.  648.85(a)(2)(i), 
the requirements of this paragraph (b) begin with the first 30-minute 
location signal received showing that the vessel crossed into the 
Eastern U.S./Canada and end with the first location signal received 
showing that the vessel crossed out of the Eastern U.S./Canada Area 
upon beginning its return trip to port, unless the vessel elects to 
also fish outside the Eastern Area on the same trip, in accordance with 
Sec.  648.85(a)(3)(viii)(A).
    (vii) If the VMS is not available or not functional, and if 
authorized by the Regional Administrator, a vessel owner must provide 
the notifications required by paragraphs (b)(2)(ii), (v), and (vi) of 
this section by using the call-in notification system described under 
paragraph (c) of this section, instead of using the VMS specified in 
this paragraph (b).
* * * * *
    (3) * * *
    (i) * * *
    (E) Provide the notifications required by this paragraph (b), 
through VMS as specified under paragraph (b)(3)(v) of this section; or
    (F) Fish under the Regular B DAS Program specified at Sec.  
648.85(b)(10);
* * * * *
    (iv) Unless otherwise required by paragraph (b)(1)(v) of this 
section, upon recommendation by the Council, the Regional Administrator 
may require, by notification through a letter to affected permit 
holders, notification in the Federal Register, or other appropriate 
means, that a NE multispecies vessel issued an Individual DAS or 
Combination Vessel permit install on board an operational VMS unit that 
meets the minimum performance criteria specified in Sec.  648.9(b), or 
as modified as provided under Sec.  648.9(a). An owner of such a vessel 
must provide documentation to the Regional Administrator that the 
vessel has installed on board an operational VMS unit that meets those 
criteria. If a vessel has already been issued a permit without the 
owner providing such documentation, the Regional Administrator shall 
allow at least 30 days for the vessel to install an operational VMS 
unit that meets the criteria and for the owner to provide documentation 
of such installation to the Regional Administrator. A vessel that is 
required to use a VMS shall be subject to the requirements and 
presumptions described under paragraphs (b)(2)(ii) through (vii) of 
this section.
    (v) A vessel issued a limited access NE multispecies, monkfish, 
Occasional scallop, or Combination permit may be authorized by the 
Regional Administrator to provide the notifications required by this 
paragraph (b) using the VMS specified in this paragraph (b). The owner 
of such vessel becomes authorized by providing documentation to the 
Regional Administrator at the time of application for an Individual or 
Combination vessel limited access NE multispecies permit that the 
vessel has installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec.  648.9(b), or as 
modified as provided under Sec.  648.9(a). Vessels that are authorized 
to use the VMS in lieu of the call-in requirement for DAS notification 
shall be subject to the requirements and presumptions described under 
paragraphs (b)(2)(ii) through (vii) of this section. Those who elect to 
use the VMS do not need to call in DAS as specified in paragraph (c) of 
this section. Vessels that do call in are exempt from the prohibition 
specified in Sec.  648.14(c)(2).
* * * * *
    (c) * * *
    (6) Less than 1 hour prior to leaving port, for vessels issued a 
limited access NE multispecies DAS permit or, for vessels issued a 
limited access NE multispecies DAS permit and a limited access monkfish 
permit (Category C, D, F, G, or H), unless otherwise specified in this 
paragraph (c)(6), and, prior to leaving port for vessels issued a 
limited access monkfish Category A or B permit, the vessel owner or 
authorized representative must notify the Regional Administrator that 
the vessel will be participating in the DAS program by calling the 
Regional Administrator and providing the following information: Owner 
and caller name and phone number; vessel name and permit number; type 
of trip to be taken; port of departure; and that the vessel is 
beginning a trip. A DAS begins once the call has been received and a 
confirmation number is given by the Regional Administrator, or when a 
vessel leaves port, whichever occurs first, unless otherwise specified 
in paragraph (b)(2)(iv) of this section. Vessels issued a limited 
access

[[Page 11073]]

monkfish Category C, D, F, G, or H permit that are allowed to fish as a 
Category A or B vessel in accordance with the provisions of Sec.  
648.92(b)(2)(iv), are subject to the call-in notification requirements 
for limited access monkfish Category A or B vessels specified under 
this paragraph (c)(1) for those monkfish DAS where there is not a 
concurrent NE multispecies DAS.
    (7) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information: Owner and caller name and phone number, 
vessel name, permit number, port of landing, and that the vessel has 
ended its trip. A DAS ends when the call has been received and 
confirmation has been given by the Regional Administrator, unless 
otherwise specified in paragraph (b)(2)(vi) of this section.
* * * * *
    (f) * * *
    (3) Gillnet call-in. Vessels subject to the gillnet restriction 
described in Sec.  648.82(s)(1)(ii) must notify the Regional 
Administrator of the commencement date of their time out of the NE 
multispecies gillnet fishery using the procedure described in paragraph 
(f)(1) of this section.
    4. In Sec.  648.14, paragraph (a)(172), and paragraphs (c)(54) 
through (56) and (65) are suspended, and paragraphs (a)(173), through 
(178), (c)(81) through (98), and (g)(4) are added to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (a) * * *
    (173) If, upon the end of a fishing trip as specified under Sec.  
648.10(b)(2)(vi) or (c)(3), fail to offload regulated species subject 
to a landing limit based on a DAS fished under Sec.  648.85 or Sec.  
648.86, as required by Sec.  648.86(i).
    (174) Fail to comply with the reporting requirements under Sec.  
648.85(a)(3)(viii)(A)(2) when fishing inside and outside of the Eastern 
U.S./Canada Area on a trip.
    (175) Fail to notify NMFS via VMS prior to departing the Eastern 
U.S./Canada Area, when fishing inside and outside of the area on the 
same trip, in accordance with Sec.  648.85(a)(3)(viii)(A)(1).
    (176) When fishing inside and outside of the Eastern U.S./Canada 
Area, fail to abide by the most restrictive regulations that apply as 
described in Sec.  648.85(a)(3)(viii)(A).
    (177) If fishing inside the Eastern U.S./Canada Area and in 
possession of fish in excess of what is allowed under more restrictive 
regulations that apply outside of the Eastern U.S./Canada Area, fish 
within the CC/GOM or SNE/MA Yellowtail Flounder Areas on the same trip, 
as prohibited under Sec.  648.85(a)(3)(viii)(A).
    (178) Discard legal-sized yellowtail flounder prior to declaring 
the intent to fish inside and outside of the Eastern U.S./Canada Area 
on the same trip, in accordance with Sec.  648.85(a)(3)(viii)(A).
* * * * *
    (c) * * *
    (81) If fishing in the Eastern U.S./Canada Haddock SAP Pilot Area, 
discard legal-sized cod, GB winter flounder, or GB yellowtail flounder 
while fishing under a Category B DAS, as described in Sec.  
648.85(b)(8)(vii)(F).
    (82) 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)(viii)(I), if the vessel possesses more than the 
landing limit for cod, GB winter flounder, or GB yellowtail flounder 
specified in Sec.  648.85(b)(8)(vii)(F).
    (83) 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)(viii)(J).
    (84) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the requirements and restrictions 
specified in Sec.  648.85(b)(10)(iv)(A) through (F), and (I).
    (85) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the VMS requirement specified in 
Sec.  648.85(b)(10)(iv)(A).
    (86) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the observer notification 
requirement specified in Sec.  648.85(b)(10)(iv)(B).
    (87) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the VMS declaration requirement 
specified in Sec.  648.85(b)(10)(iv)(C).
    (88) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the landing limits specified in 
Sec.  648.85(b)(10)(iv)(D).
    (89) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the no discard and DAS flip 
requirements specified in Sec.  648.85(b)(10)(iv)(E).
    (90) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the minimum Category A DAS and 
Category B DAS accrual requirements specified in Sec.  
648.85(b)(10)(iv)(F).
    (91) Use a Regular B DAS in the Regular B DAS Program specified in 
Sec.  648.85(b)(10), if the program has been closed as specified in 
Sec.  648.85(b)(10)(iv)(H) or (b)(10)(vi).
    (92) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), use a Regular B DAS in a stock area that has been 
closed, as specified in Sec.  648.85(b)(10)(iv)(G).
    (93) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the reporting requirements specified 
in Sec.  648.85(b)(10)(iv)(I).
    (94) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), use a Regular B DAS outside the U.S./Canada Management 
Area specified under Sec.  648.85(a)(1), or after the program has 
closed, as required under Sec.  648.85(10)(iv)(G) or (H).
    (95) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to use a haddock separator trawl as required by 
Sec.  648.85(b)(10)(iv)(J) and described under Sec.  
648.85(a)(3)(iii)(A).
    (96) Use a Regular B DAS and a monkfish DAS on the same trip, if 
issued a limited access Category C, D, or F monkfish permit and fishing 
in the Regular B DAS Program specified in Sec.  648.85(b)(10).
    (97) If issued a limited access monkfish Category C, D, or F permit 
and fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), possess more than the incidental catch amounts of 
monkfish, as specified at Sec.  648.94(b)(7).
    (98) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), discard legal-sized monkfish.
* * * * *
    (g) * * *
    (4) If the vessel is a private recreational fishing vessel, fail to 
comply with the seasonal cod prohibition described in Sec.  
648.89(c)(1)(v), or if the vessel has been issued a charter/party 
permit, or is fishing under charter/party regulations, fail to comply 
with the seasonal cod prohibition described in Sec.  648.89(c)(2)(vi).
* * * * *
    5. In Sec.  648.53, paragraph (e) is suspended, and paragraph (i) 
is added to read as follows:


Sec.  648.53  DAS allocations.

* * * * *
    (i) End-of-year carry-over for open are DAS. With the exception of 
vessels that held a Confirmation of Permit History as described in 
Sec.  648.4(a)(1)(i)(R) for the entire fishing year preceding the 
carry-over year, limited access vessels that

[[Page 11074]]

have unused Open Area DAS on the last day of February of any year may 
carry over a maximum of 10 DAS, not to exceed the total Open Area DAS 
allocation by permit category, into the next year. DAS carried over 
into the next fishing year may only be used in Open Areas. DAS 
sanctioned vessels will be credited with unused DAS based on their 
unused DAS allocation, minus total DAS sanctioned.
    6. In Sec.  648.80, paragraphs (a)(3)(vi), (a)(4)(i) through (iv), 
(b)(2)(i) through (iii) and (vi), and (c)(2)(ii) and (iii) are 
suspended and paragraphs (a)(3)(viii), (a)(4)(vi) through (ix), 
(b)(2)(vii) through (x), and (c)(2)(vi) and (vii) are added to read as 
follows:


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

* * * * *
    (a) * * *
    (3) * * *
    (viii) Other restrictions and exemptions. Vessels are prohibited 
from fishing in the GOM or GB Exemption Area as defined in paragraph 
(a)(17) of this section, except if fishing with exempted gear (as 
defined under this part) or under the exemptions specified in 
paragraphs (a)(5) through (7), (a)(9) through (14), (d), (e), (h), and 
(i) of this section; or if fishing under a NE multispecies DAS; or if 
fishing under the Small Vessel or Handgear A exemptions specified in 
Sec.  648.82(u)(5) and (6), respectively; or if fishing under the 
scallop state waters exemptions specified in Sec.  648.54 and paragraph 
(a)(11) of this section; or if fishing under a scallop DAS in 
accordance with paragraph (h) of this section; or if fishing pursuant 
to a NE multispecies open access Charter/Party or Handgear permit, or 
if fishing as a charter/party or private recreational vessel in 
compliance with the regulations specified in Sec.  648.89. Any gear on 
a vessel, or used by a vessel, in this area must be authorized under 
one of these exemptions or must be stowed as specified in Sec.  
648.23(b).
* * * * *
    (4) * * *
    (vi) Vessels using trawls. Except as provided in paragraph 
(a)(3)(viii) of this section, and this paragraph (a)(4)(vi), and unless 
otherwise restricted under paragraph (a)(4)(iii) of this section, the 
minimum mesh size for any trawl net, except midwater trawl, and the 
minimum mesh size for any trawl net when fishing in that portion of the 
GB Regulated Mesh Area that lies within the SNE Exemption Area, as 
described in paragraph (b)(10) of this section, that is not stowed and 
available for immediate use in accordance with Sec.  648.23(b), on a 
vessel or used by a vessel fishing under a DAS in the NE multispecies 
DAS program in the GB Regulated Mesh Area is 6-inch (15.2-cm) diamond 
mesh or 6.5-inch (16.5-cm) square mesh applied throughout the body and 
extension of the net, or any combination thereof, and 6.5-inch (16.5-
cm) diamond mesh or square mesh applied to the codend of the net as 
defined under paragraph (a)(3)(i) of this section, provided the vessel 
complies with the requirements of paragraph (a)(3)(vii) of this 
section. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
    (vii) Vessels using Scottish seine, midwater trawl, and purse 
seine. Except as provided in paragraph (a)(3)(viii) of this section, 
and this paragraph (a)(4)(vii), and unless otherwise restricted under 
paragraph (a)(4)(iii) of this section, the minimum mesh size for any 
Scottish seine, midwater trawl, or purse seine, and the minimum mesh 
size for any Scottish seine, midwater trawl, or purse seine, when 
fishing in that portion of the GB Regulated Mesh Area that lies within 
the SNE Exemption Area, as described in paragraph (b)(10) of this 
section, that is not stowed and available for immediate use in 
accordance with Sec.  648.23(b), on a vessel or used by a vessel 
fishing under a DAS in the NE multispecies DAS program in the GB 
Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-
cm) square mesh applied throughout the net, or any combination thereof, 
provided the vessel complies with the requirements of paragraph 
(a)(3)(vii) of this section. This restriction does not apply to nets or 
pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 
sq m)), or to vessels that have not been issued a NE multispecies 
permit and that are fishing exclusively in state waters.
    (viii) Large-mesh vessels. When fishing in the GB Regulated Mesh 
Area, the minimum mesh size for any trawl net, or sink gillnet, and the 
minimum mesh size for any trawl net, or sink gillnet, when fishing in 
that portion of the GB Regulated Mesh Area that lies within the SNE 
Exemption Area, as described in paragraph (b)(10) of this section, that 
is not stowed and available for immediate use in accordance with Sec.  
648.23(b), on a vessel or used by a vessel fishing under a DAS in the 
Large-mesh DAS program, specified in Sec.  648.82(u)(5), is 8.5-inch 
(21.6-cm) diamond or square mesh throughout the entire net. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (ix) Gillnet vessels. Except as provided in paragraph (a)(3)(viii) 
of this section and this paragraph (a)(4)(iv), for Day and Trip gillnet 
vessels, the minimum mesh size for any sink gillnet, and the minimum 
mesh size for any roundfish or flatfish gillnet when fishing in that 
portion of the GB Regulated Mesh Area that lies within the SNE 
Exemption Area, as described in paragraph (b)(10) of this section, that 
is not stowed and available for immediate use in accordance with Sec.  
648.23(b), when fishing under a DAS in the NE multispecies DAS program 
in the GB Regulated Mesh Area is 6.5 inches (16.5 cm) throughout the 
entire net. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
* * * * *
    (b) * * *
    (2) * * *
    (vii) Vessels using trawls. Except as provided in paragraphs 
(b)(2)(i) and (x) of this section, and unless otherwise restricted 
under paragraph (b)(2)(iii) of this section, the minimum mesh size for 
any trawl net, not stowed and not available for immediate use in 
accordance with Sec.  648.23(b), except midwater trawl, on a vessel or 
used by a vessel fishing under a DAS in the NE multispecies DAS program 
in the SNE Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-
inch (16.5-cm) square mesh, applied throughout the body and extension 
of the net, or any combination thereof, and 6.5-inch (16.5-cm) square 
mesh or, 7-inch (17.8-cm) diamond mesh applied to the codend of the 
net, as defined under paragraph (a)(3)(i) of this section. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (viii) Vessels using Scottish seine, midwater trawl, and purse 
seine. Except as provided in paragraphs (b)(2)(ii) and (x) of this 
section, the minimum mesh size for any Scottish seine, midwater trawl, 
or purse seine, not stowed and not available for immediate use in 
accordance with Sec.  648.23(b), on a vessel

[[Page 11075]]

or used by a vessel fishing under a DAS in the NE multispecies DAS 
program in the SNE Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh 
or 6.5-inch (16.5-cm) square mesh applied throughout the net, or any 
combination thereof. This restriction does not apply to nets or pieces 
of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq 
m)), or to vessels that have not been issued a NE multispecies permit 
and that are fishing exclusively in state waters.
    (ix) Large-mesh vessels. When fishing in the SNE Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
not stowed and not available for immediate use in accordance with Sec.  
648.23(b) on a vessel or used by a vessel fishing under a DAS in the 
Large-mesh DAS program, specified in Sec.  648.82(u)(4), is 8.5-inch 
(21.6-cm) diamond or square mesh throughout the entire net. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (x) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the SNE Exemption Area, as defined in paragraph (b)(10) of 
this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (b)(3), 
(b)(5) through (9), (b)(11), (c), (e), (h), and (i) of this section, or 
if fishing under a NE multispecies DAS, if fishing under the Small 
Vessel or Handgear A exemptions specified in Sec.  648.82(b)(u)(5) and 
(u)(6), respectively, or if fishing under a scallop state waters 
exemption specified in Sec.  648.54, or if fishing under a scallop DAS 
in accordance with paragraph (h) of this section, or if fishing under a 
General Category scallop permit in accordance with paragraphs 
(a)(11)(i)(A) and (B) of this section, or if fishing pursuant to a NE 
multispecies open access Charter/Party or Handgear permit, or if 
fishing as a charter/party or private recreational vessel in compliance 
with the regulations specified in Sec.  648.89. Any gear on a vessel, 
or used by a vessel, in this area must be authorized under one of these 
exemptions or must be stowed as specified in Sec.  648.23(b).
* * * * *
    (c) * * *
    (2) * * *
    (vi) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraph (c)(2)(vii) of this section, the 
minimum mesh size for any sink gillnet, Scottish seine, midwater trawl, 
or purse seine, not stowed and not available for immediate use in 
accordance with Sec.  648.23(b), on a vessel or used by a vessel 
fishing under a DAS in the NE multispecies DAS program in the MA 
Regulated Mesh Area, shall be that specified in Sec.  648.104(a). This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) `` 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (vii) Large-mesh vessels. When fishing in the MA Regulated Mesh 
Area, the minimum mesh size for any trawl net vessel, or sink gillnet, 
not stowed and not available for immediate use in accordance with Sec.  
648.23(b), on a vessel or used by a vessel fishing under a DAS in the 
Large-mesh DAS program, specified in Sec.  648.82(u)(4), is 7.5-inch 
(19.0-cm) diamond mesh or 8.0-inch (20.3-cm) square mesh, throughout 
the entire net. This restriction does not apply to nets or pieces of 
nets smaller than 3 ft (0.9 m) `` 3 ft (0.9 m), (9 sq ft (0.81 sq m)), 
or to vessels that have not been issued a NE multispecies permit and 
that are fishing exclusively in state waters.
* * * * *
    7. In Sec.  648.82, paragraphs (a)(1), (b), (c)(1) and (2), (d) 
through (k), (l)(1)(iv) and (v), and (m) are suspended and paragraphs 
(a)(3), (c)(3) and (4), (d)(5) through (7), (l)(2)(viii) and (ix), and 
(n) through (w) are added to read as follows:


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

* * * * *
    (a) * * *
    (3) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History, as described in Sec.  
648.4(a)(1)(i)(Q), for the entire fishing year preceding the carry-over 
year, limited access vessels that have unused DAS on the last day of 
April of any year may carry over a maximum of 10 DAS into the next 
year. Unused leased DAS may not be carried over. Vessels that have been 
sanctioned through enforcement proceedings will be credited with unused 
DAS based on their DAS allocation minus any total DAS that have been 
sanctioned through enforcement proceedings. For the 2004 fishing year 
only, DAS carried over from the 2003 fishing year will be classified as 
Regular B DAS, as specified under paragraph (v)(2) of this section. 
Beginning with the 2005 fishing year, for vessels with a balance of 
both unused Category A DAS and unused Category B DAS at the end of the 
previous fishing year (e.g., for the 2005 fishing year, carry-over DAS 
from the 2004 fishing year), Category A DAS will be carried over first, 
then Regular B DAS, then Reserve B DAS. Category C DAS cannot be 
carried over.
* * * * *
    (c) * * *
    (3) Calculation of used DAS baseline. For all valid limited access 
NE multispecies DAS vessels, vessels issued a valid Small Vessel 
category permit, and NE multispecies Confirmation of Permit Histories, 
beginning with the 2004 fishing year, a vessel's used DAS baseline 
shall be based on the fishing history associated with its permit and 
shall be determined by the highest number of reported DAS fished during 
a single qualifying fishing year, as specified in paragraphs (c)(3)(i) 
through (iv) of this section, during the 6-year period from May 1, 
1996, through April 30, 2002, not to exceed the vessel's annual 
allocation prior to August 1, 2002. A qualifying year is one in which a 
vessel landed 5,000 lb (2,268 kg) or more of regulated multispecies, 
based upon landings reported through dealer reports (based on live 
weights of landings submitted to NMFS prior to April 30, 2003). If a 
vessel that was originally issued a limited access NE multispecies 
permit was lawfully replaced in accordance with the replacement 
restrictions specified in Sec.  648.4(a), then the used DAS baseline 
shall be defined based upon the DAS used by the original vessel and by 
subsequent vessel(s) associated with the permit during the 
qualification period specified in this paragraph (c)(3). The used DAS 
baseline shall be used to calculate the number and category of DAS that 
are allocated for use in a given fishing year, as specified in 
paragraph (v) of this section.
    (i) Except as provided in paragraphs (c)(3)(ii) through (iv) of 
this section, the vessel's used DAS baseline shall be determined by 
calculating DAS use reported under the DAS notification requirements in 
Sec.  648.10.
    (ii) For a vessel exempt from, or not subject to, the DAS 
notification system specified in Sec.  648.10 during the period May 
1996 through June 1996, the vessel's used DAS baseline for that period 
will be determined by calculating DAS use from vessel trip reports 
submitted to NMFS prior to April 9, 2003.
    (iii) For a vessel enrolled in a Large Mesh DAS category, as 
specified in paragraph (u)(4) of this section, the calculation of the 
vessel's used DAS baseline may not include any DAS allocated or used by 
the vessel pursuant

[[Page 11076]]

to the provisions of the Large Mesh DAS category.
    (iv) Used DAS will be counted as described under paragraph (n) of 
this section.
    (4) Correction of used DAS baseline. (i) A vessel's used DAS 
baseline, as determined under paragraph (c)(3) of this section, may be 
corrected by submitting a written request to correct the DAS baseline. 
The request to correct must be received by the Regional Administrator 
no later than August 31, 2004. The request to correct must be in 
writing and provide credible evidence that the information used by the 
Regional Administrator in making the determination of the vessel's DAS 
baseline was based on incorrect data. The decision on whether to 
correct the DAS baseline shall be determined solely on the basis of 
written information submitted, unless the Regional Administrator 
specifies otherwise. The Regional Administrator's decision on whether 
to correct the DAS baseline is the final decision of the Department of 
Commerce.
    (ii) Status of vessel's pending request for a correction of used 
DAS baseline. While a vessel's request for a correction is under 
consideration by the Regional Administrator, the vessel is limited to 
fishing the number of DAS allocated in accordance with paragraph (v) of 
this section.
* * * * *
    (l) * * *
    (2) * * *
    (viii) NE multispecies Category A and Category B DAS, as defined 
under paragraphs (v)(1) and (2) of this section, shall be reduced by 20 
percent upon transfer.
    (ix) Category C DAS, as defined under paragraph (v)(3) of this 
section, will be reduced by 90 percent upon transfer.
* * * * *
    (n) Accrual of DAS.
    (1) Actual time. Unless otherwise specified under this paragraph 
(n) and paragraph (s)(1)(iii) of this section, DAS shall accrue to the 
nearest minute and will be counted as actual time called, or logged 
into the DAS program.
    (2) Differential Category A DAS counting. For all NE multispecies 
vessels fishing under a Category A DAS, unless otherwise specified in 
paragraph (s)(1)(iii) of this section, each Category A DAS, or part 
thereof, shall be counted at the ratio of 1.4 to 1.0. For example, if a 
vessel fishes for 24 hours (1 DAS), 33.6 hours (1.4 DAS) will be 
deducted from that vessel's DAS allocation.
    (3) Regular B DAS Program 24-hr clock. For vessels electing to fish 
in the Regular B DAS Program, as specified at Sec.  648.85(b)(10), 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 at 11 p.m. on the first calendar day and returned at 10 p.m. 
on the second calendar day would be charged 48 hours of Regular B DAS 
instead of 23 hours, because the fishing trip would have spanned 2 
calendar days. For the purpose of calculating trip limits specified 
under Sec.  648.86, the amount of DAS deducted from a vessel's DAS 
allocation will determine the amount of fish the vessel could legally 
land.
    (o) Good Samaritan credit. See Sec.  648.53(f).
    (p) Spawning season restrictions. A vessel issued a valid Small 
Vessel or Handgear A category permit specified under paragraphs (u)(5) 
or (6), respectively, of this section may not fish for, possess, or 
land regulated species from March 1 through March 20 of each year. Any 
other vessel issued a limited access NE multispecies permit must 
declare out and be out of the NE multispecies DAS program for a 20-day 
period between March 1 and May 31 of each calendar year, using the 
notification requirements specified in Sec.  648.10. A vessel fishing 
under a Day gillnet category designation is prohibited from fishing 
with gillnet gear capable of catching NE multispecies during its 
declared 20-day spawning block, unless the vessel is fishing in an 
exempted fishery, as described in Sec.  648.80. If a vessel owner has 
not declared and been out of the fishery for a 20-day period between 
March 1 and May 31 of each calendar year on or before May 12 of each 
year, the vessel is prohibited from fishing for, possessing or landing 
any regulated species or non-exempt species during the period May 12 
through May 31, inclusive.
    (q) Declaring DAS and blocks of time out. A vessel's owner or 
authorized representative shall notify the Regional Administrator of a 
vessel's participation in the DAS program, declaration of its 120 days 
out of the non-exempt gillnet fishery, if designated as a Day gillnet 
category vessel, as specified in paragraph (s)(1)(iii) of this section, 
and declaration of its 20-day period out of the NE multispecies DAS 
program, using the notification requirements specified in Sec.  648.10.
    (r) [Reserved]
    (s) Gillnet restrictions. Vessels issued a limited access NE 
multispecies permit may fish under a NE multispecies DAS with gillnet 
gear, provided the owner of the vessel obtains an annual designation as 
either a Day or Trip gillnet vessel, as described in Sec.  
648.4(c)(2)(iii), and provided the vessel complies with the gillnet 
vessel gear requirements and restrictions specified in Sec.  648.80.
    (1) Day gillnet vessels. A Day gillnet vessel fishing with gillnet 
gear under a NE multispecies DAS is not required to remove gear from 
the water upon returning to the dock and calling out of the DAS 
program, provided the vessel complies with the restrictions specified 
in paragraphs (s)(1)(i) through (iii) of this section. Vessels electing 
to fish under the Day gillnet designation must have on board written 
confirmation, issued by the Regional Administrator, that the vessel is 
a Day gillnet vessel.
    (i) Removal of gear. All gillnet gear must be brought to port prior 
to the vessel fishing in an exempted fishery.
    (ii) Declaration of time out of the gillnet fishery.--(A) During 
each fishing year, vessels must declare, and take, a total of 120 days 
out of the non-exempt gillnet fishery. Each period of time declared and 
taken must be a minimum of 7 consecutive days. At least 21 days of this 
time must be taken between June 1 and September 30 of each fishing 
year. The spawning season time out period required by paragraph (p) of 
this section will be credited toward the 120 days time out of the non-
exempt gillnet fishery. If a vessel owner has not declared and taken 
any or all of the remaining periods of time required to be out of the 
fishery by the last possible date to meet these requirements, the 
vessel is prohibited from fishing for, possessing, or landing regulated 
multispecies or non-exempt species harvested with gillnet gear, and 
from having gillnet gear on board the vessel that is not stowed in 
accordance with Sec.  648.23(b), while fishing under a NE multispecies 
DAS, from that date through the end of the period between June 1 and 
September 30, or through the end of the fishing year, as applicable.
    (B) Vessels shall declare their periods of required time through 
the notification procedures specified in Sec.  648.10(f)(3).
    (C) During each period of time declared out, a vessel is prohibited 
from fishing with non-exempted gillnet gear and must remove such gear 
from the water. However, the vessel may fish in an exempted fishery, as 
described in Sec.  648.80, or it may fish under a NE multispecies DAS, 
provided it fishes with gear other than non-exempted gillnet gear.

[[Page 11077]]

    (iii) Method of counting DAS. Unless electing to fish in the 
Regular B DAS Program specified in Sec.  648.85(a)(6), and therefore 
subject to the DAS accrual provisions of paragraph (n)(3) of this 
section, Day gillnet vessels fishing with gillnet gear under a NE 
multispecies Category A DAS, or under a NE multispecies Category B DAS 
in an approved SAP specified at Sec.  648.85(b), will accrue 15 hours 
of DAS for each trip of more than 3 hours, but less than or equal to 11 
hours. For trips less than or equal to 3 hours, or more than 11 hours, 
the ratio of Category A DAS used to time called into the DAS program 
will be 1.4 to 1.0.
    (2) Trip gillnet vessels. When fishing under a NE multispecies DAS, 
a Trip gillnet vessel is required to remove all gillnet gear from the 
water before calling out of a NE multispecies DAS under Sec.  
648.10(c)(7). When not fishing under a NE multispecies DAS, Trip 
gillnet vessels may fish in an exempted fishery with gillnet gear, as 
authorized under the exemptions in Sec.  648.80. Vessels electing to 
fish under the Trip gillnet designation must have on board written 
confirmation issued by the Regional Administrator that the vessel is a 
Trip gillnet vessel.
    (t) NE Multispecies DAS Leasing Program--(1) Program description. 
Eligible vessels, as specified in paragraph (t)(2) of this section, may 
lease Category A DAS to and from other eligible vessels, in accordance 
with the restrictions and conditions of this section. The Regional 
Administrator has final approval authority for all NE multispecies DAS 
leasing requests.
    (2) Eligible vessels.--(i) A vessel issued a valid limited access 
NE multispecies permit is eligible to lease Category A DAS to or from 
another such vessel, subject to the conditions and requirements of this 
part, unless the vessel was issued a valid Small Vessel or Handgear A 
permit specified under paragraphs (u)(5) and (6) of this section, 
respectively, or is a valid participant in an approved Sector, as 
described in Sec.  648.87(a). Any NE multispecies vessel that does not 
require use of DAS to fish for regulated multispecies may not lease any 
NE multispecies DAS.
    (ii) DAS associated with a Confirmation of Permit History may not 
be leased.
    (3) Application to lease NE multispecies DAS. To lease Category A 
DAS, the eligible Lessor and Regional Office at least 45 days before 
the date on which the applicants desire to have the leased DAS 
effective. The Regional Administrator will notify the applicants of any 
deficiency in the application pursuant to this section. Applications 
may be submitted at any time prior to the start of the fishing year or 
throughout the fishing year in question, up until March 1. Eligible 
vessel owners may submit any number of lease applications throughout 
the application period, but any DAS may only be leased once during a 
fishing year.
    (i) Application information requirements. An application to lease 
Category A DAS must contain the following information: Lessor's owner 
name, vessel name, permit number and official number or state 
registration number; Lessee's owner name, vessel name, permit number 
and official number or state registration number; number of NE 
multispecies DAS to be leased; total priced paid for leased DAS; 
signatures of Lessor and Lessee; and date form was completed. 
Information obtained from the lease application will be held 
confidential, according to applicable Federal law. Aggregate data may 
be used in the analysis of the DAS Leasing Program.
    (ii) Approval of lease application. Unless an application to lease 
Category A DAS is denied according to paragraph (t)(3)(iii) of this 
section, the Regional Administrator shall issue confirmation of 
application approval to both Lessor and Lessee within 45 days of 
receipt of an application.
    (iii) Denial of lease application. The Regional Administrator may 
deny an application to lease Category A DAS for any of the following 
reasons, including, but not limited to: The application is incomplete 
or submitted past the March 1 deadline; the Lessor or Lessee has not 
been issued a valid limited access NE multispecies permit or is 
otherwise not eligible; the Lessor's or Lessee's DAS are under sanction 
pursuant to an enforcement proceeding; the Lessor's or Lessee's vessel 
is prohibited from fishing; the Lessor's or Lessee's limited access NE 
multispecies permit is sanctioned pursuant to an enforcement 
proceeding; the Lessor or Lessee vessel is determined not in compliance 
with the conditions and restrictions of this part; or the Lessor has an 
insufficient number of allocated or unused DAS available to lease. Upon 
denial of an application to lease NE multispecies DAS, the Regional 
Administrator shall send a letter to the applicants describing the 
reason(s) for application rejection. The decision by the Regional 
Administrator is the final agency decision.
    (4) Conditions and restrictions on leased DAS--(i) Confirmation of 
Permit History. DAS associated with a confirmation of permit history 
may not be leased.
    (ii) Sub-leasing. In a fishing year, a Lessor or Lessee vessel may 
not sub-lease DAS that have already been leased to another vessel. Any 
portion of a vessel's DAS may not be leased more than one time during a 
fishing year.
    (iii) Carry-over of leased DAS. Leased DAS that remain unused at 
the end of the fishing year may not be carried over to the subsequent 
fishing year by the Lessor or Lessee vessel.
    (iv) Maximum number of DAS that can be leased. A Lessee may lease 
Category A DAS in an amount up to such vessel's 2001 fishing year 
allocation (excluding carry-over DAS from the previous year, or 
additional DAS associated with obtaining a Large Mesh permit). For 
example, if a vessel was allocated 88 DAS in the 2001 fishing year, 
that vessel may lease up to 88 Category A DAS. The total number of 
Category A DAS that the vessel could fish would be the sum of the 88 
leased DAS and the vessel's 2004 allocation of Category A DAS. Any 
leased DAS used are subject to differential DAS accounting as described 
under paragraphs (n) and (t) of this section.
    (v) History of leased DAS use and landings. Unless otherwise 
specified in this paragraph (t)(4)(v), history of leased DAS use will 
be presumed to remain with the Lessor vessel. Landings resulting from a 
leased DAS will be presumed to remain with the Lessee vessel. For the 
purpose of accounting for leased DAS use, leased DAS will be accounted 
for (subtracted from available DAS) prior to allocated DAS. In the case 
of multiple leases to one vessel, history of leased DAS use will be 
presumed to remain with the Lessor in the order in which such leases 
were approved by NMFS.
    (vi) Monkfish Category C, D, F, G and H vessels. A vessel that 
possesses a valid limited access NE multispecies DAS permit and a valid 
limited access monkfish Category C, D, F, G or H permit and leases NE 
multispecies DAS to or from another vessel is subject to the 
restrictions specified in Sec.  648.92(b)(2).
    (vii) DAS Category restriction. A vessel may lease only Category A 
DAS, as described under paragraph (v)(1) of this section.
    (viii) Duration of lease. A vessel leasing DAS may only fish those 
leased DAS during the fishing year in which they were leased.
    (ix) Size restriction of Lessee vessel. A Lessor vessel only may 
lease DAS to a Lessee vessel with a baseline main engine horsepower 
rating that is no more than 20 percent greater than the baseline engine 
horsepower of the Lessor vessel. A Lessor vessel may only

[[Page 11078]]

lease DAS to a Lessee vessel with a baseline length overall that is no 
more than 10 percent greater than the baseline length overall of the 
Lessor vessel. For the purposes of this program, the baseline 
horsepower and length overall specifications of vessels are those 
associated with the permit as of January 29, 2004, unless otherwise 
modified according to paragraph (t)(4)(xi) of this section.
    (x) Leasing by vessels fishing under a Sector allocation. A vessel 
fishing under the restrictions and conditions of an approved Sector 
allocation, as specified in Sec.  648.87(b), may not lease DAS to or 
from vessels that are not participating in such Sector during the 
fishing year in which the vessel is a member of that Sector.
    (xi) One-time downgrade of DAS Leasing Program baseline. For the 
purposes of determining eligibility for leasing DAS only, a vessel 
owner may elect to make a one-time downgrade to the vessel's DAS 
Leasing Program baseline length and horsepower as specified in 
paragraph (t)(4)(ix) of this section to match the length overall and 
horsepower specifications of the vessel that is currently issued the 
permit.
    (A) Application for a one-time DAS Leasing Program baseline 
downgrade. To downgrade the DAS Leasing Program baseline, eligible NE 
multispecies vessels must submit a completed application form obtained 
from the Regional Administrator. An application to downgrade a vessel's 
DAS Leasing Program baseline must contain at least the following 
information: Vessel owner's name, vessel name, permit number, official 
number or state registration number, current vessel length overall and 
horsepower specifications, an indication whether additional information 
is included to document the vessel's current specifications, and the 
signature of the vessel owner.
    (B) Duration and applicability of one-time DAS Leasing Program 
baseline downgrade. The downgraded DAS Leasing Program baseline remains 
in effect until the DAS Leasing Program expires or the permit is 
transferred to another vessel via a vessel replacement. Once the permit 
is transferred to another vessel, the DAS Leasing Program baseline 
reverts to the baseline horsepower and length overall specifications 
associated with the permit prior to the one-time downgrade. Once the 
DAS Leasing Program baseline is downgraded for a particular permit, no 
further downgrades may be authorized for that permit. The downgraded 
DAS Leasing Program baseline may only be used to determine eligibility 
for the DAS Leasing Program and does not affect or change the baseline 
associated with the DAS Transfer Program specified in paragraph 
(l)(1)(ii) of this section, or the vessel replacement or upgrade 
restrictions specified at Sec.  648.4(a)(1)(i)(P) and (F), or any other 
provision, respectively.
    (u) Permit categories. All limited access NE multispecies permit 
holders shall be assigned to one of the following permit categories, 
according to the criteria specified. Permit holders may request a 
change in permit category, as specified in Sec.  648.4(a)(1)(i)(I)(2). 
Each fishing year shall begin on May 1 and extend through April 30 of 
the following year. Beginning May 1, 2004, with the exception of the 
limited access Small Vessel and Handgear A vessel categories described 
in paragraphs (u)(5) and (6) of this section, respectively, NE 
multispecies DAS available for use will be calculated pursuant to 
paragraphs (c) and (v) of this section.
    (1) Individual DAS category. This category is for vessels allocated 
individual DAS that are not fishing under the Hook Gear, Combination, 
or Large-mesh individual categories. Beginning May 1, 2004, for a 
vessel fishing under the Individual DAS category, the baseline for 
determining the number of NE multispecies DAS available for use shall 
be calculated based upon the fishing history associated with the 
vessel's permit, as specified in paragraph (c)(3) of this section. The 
number and categories of DAS that are allocated for use in a given 
fishing year are specified in paragraph (v) of this section.
    (2) Hook Gear category. To be eligible for a Hook Gear category 
permit, the vessel must have been issued a limited access multispecies 
permit for the preceding year, be replacing a vessel that was issued a 
Hook Gear category permit for the preceding year, or be replacing a 
vessel that was issued a Hook Gear category permit that was issued a 
Confirmation of Permit History. Beginning May 1, 2004, for a vessel 
fishing under the Hook Gear category, the baseline for determining the 
number of NE multispecies DAS available for use shall be calculated 
based upon the fishing history associated with the vessel's permit, as 
specified in paragraph (c)(3) of this section. The number and 
categories of DAS that are allocated for use in a given fishing year 
are specified in paragraph (v) of this section. A vessel fishing under 
this category in the DAS program must meet or comply with the gear 
restrictions specified under Sec.  648.80(a)(3)(v), (a)(4)(v), 
(b)(2)(v) and (c)(2)(iv) when fishing in the respective regulated mesh 
areas.
    (3) Combination vessel category. To be eligible for a Combination 
vessel category permit, a vessel must have been issued a Combination 
vessel category permit for the preceding year, be replacing a vessel 
that was issued a Combination vessel category permit for the preceding 
year, or be replacing a vessel that was issued a Combination vessel 
category permit that was also issued a Confirmation of Permit History. 
Beginning May 1, 2004, for a vessel fishing under the Combination 
vessel category, the baseline for determining the number of NE 
multispecies DAS available for use shall be calculated based upon the 
fishing history associated with the vessel's permit, as specified in 
paragraph (c)(3) of this section. The number and categories of DAS that 
are allocated for use in a given fishing year are specified in 
paragraph (v) of this section.
    (4) Large Mesh Individual DAS category. This category is for 
vessels allocated individual DAS that area not fishing under the Hook 
Gear, Combination, or Individual DAS categories. Beginning May 1, 2004, 
for a vessel fishing under the Large Mesh Individual DAS category, the 
baseline for determining the number of NE multispecies DAS available 
for use shall be calculated based upon the fishing history associated 
with the vessel's permit, as specified in paragraph (c)(3) of this 
section. The number and categories of DAS that are allocated for use in 
a given fishing year are specified in paragraph (v) of this section. 
The number of Category A DAS shall be increased by 36 percent. To be 
eligible to fish under the Large Mesh Individual DAS category, a 
vessel, while fishing under this category, must fish under the specific 
regulated mesh area minimum mesh size restrictions, as specified in 
paragraphs (a)(3)(iii), (a)(4)(iii), (u)(2)(iii), and (c)(4)(ii) of 
Sec.  648.80.
    (5) Small Vessel category--(i) DAS allocation. A vessel qualified 
and electing to fish under the Small Vessel category may retain up to 
300 lb (136.1 kg) of cod, haddock, and yellowtail flounder, combined, 
and one Atlantic halibut per trip, without being subject to DAS 
restrictions, provided the vessel does not exceed the yellowtail 
flounder possession restrictions specified under Sec.  648.86(g). Such 
vessel is not subject to a possession limit for other NE multispecies. 
Any vessel may elect to switch into this category, as provided in Sec.  
648.4(a)(1)(i)(I)(2), if the vessel meets or complies with the 
following:
    (A) The vessel is 30 ft (9.1 m) or less in length overall, as 
determined by

[[Page 11079]]

measuring along a horizontal line drawn from a perpendicular raised 
from the outside of the most forward portion of the stem of the vessel 
to a perpendicular raised from the after most portion of the stern.
    (B) If construction of the vessel was begun after May 1, 1994, the 
vessel must be constructed such that the quotient of the length overall 
divided by the beam is not less than 2.5.
    (C) Acceptable verification for vessels 20 ft (6.1 m) or less in 
length shall be USCG documentation or state registration papers. For 
vessels over 20 ft (6.1 m) in length overall, the measurement of length 
must be verified in writing by a qualified marine surveyor, or the 
builder, based on the vessel's construction plans, or by other means 
determined acceptable by the Regional Administrator. A copy of the 
verification must accompany an application for a NE multispecies 
permit.
    (D) Adjustments to the Small Vessel category requirements, 
including changes to the length requirement, if required to meet 
fishing mortality goals, may be made by the Regional Administrator 
following framework procedures of Sec.  648.90.
    (ii) [Reserved]
    (6) Handgear A category. A vessel qualified and electing to fish 
under the Handgear A category, as described in Sec.  648.4(a)(1)(i)(N), 
may retain, per trip, up to 250 lb (113.4 kg) of cod, one Atlantic 
halibut, and the daily limit for other regulated species as specified 
under Sec.  648.86. The cod trip limit will be adjusted proportionally 
to the trip limit for GOM cod (rounded up to the nearest 50 lb (22.7 
kg)), as specified in Sec.  648.86(i)). For example if the GOM cod trip 
limit specified at Sec.  648.86(i) doubled, then the cod trip limit for 
the Handgear A category would double. Qualified vessels electing to 
fish under the Handgear A category are subject to the following 
restrictions:
    (i) The vessel must not use or possess on board gear other than 
handgear while in possession of, fishing for, or landing NE 
multispecies, and must have at least one standard tote on board.
    (ii) A vessel may not fish for, possess, or land regulated species 
from March 1 through March 20 of each year.
    (iii) Tub-trawls must be hand-hauled only, with a maximum of 250 
hooks.
    (v) DAS categories and allocations. For all valid limited access NE 
multispecies DAS permits, and NE multispecies Confirmation of Permit 
Histories, beginning with the 2004 fishing year, DAS shall be allocated 
and available for use for a given fishing year according to the 
following DAS Categories (unless otherwise specified, ``NE multispecies 
DAS'' refers to any authorized category of DAS):
    (1) Category A DAS. Unless determined otherwise, as specified under 
paragraph (v)(4) of this section, calculation of Category A DAS for 
each fishing year is specified in paragraphs (v)(1)(i) through (iii) of 
this section. An additional 36 percent of Category A DAS will be added 
and available for use for participants in the Large Mesh Individual DAS 
permit category, as described in paragraph (u)(4) of this section, 
provided the participants comply with the applicable gear restrictions. 
Category A DAS may be used in the NE multispecies fishery to harvest 
and land regulated multispecies stocks, in accordance with all of the 
conditions and restrictions of this part.
    (i) For the 2004 and 2005 fishing years, Category A DAS are defined 
as 60 percent of the vessel's used DAS baseline specified under 
paragraph (c)(3) of this section.
    (ii) For the 2006 through 2008 fishing years, Category A DAS are 
defined as 55 percent of the vessel's used DAS baseline specified under 
paragraph (c)(3) of this section.
    (iii) Starting in fishing year 2009, Category A DAS are defined as 
45 percent of the vessel's used DAS baseline specified under paragraph 
(c)(3) of this section.
    (2) Category B DAS. Category B DAS are divided into Regular B DAS 
and Reserve B DAS. Calculation of Category B DAS for each fishing year, 
and restrictions on use of Category B DAS, are specified in paragraphs 
(v)(2)(i) and (ii) of this section.
    (i) Regular B DAS--(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 Program as specified in Sec.  648.85(b)(10). Unless otherwise 
restricted under the Regular B DAS Program as described in Sec.  
648.85(b)(10)(i), vessels may fish under both a Regular B DAS and a 
Reserve B DAS on the same trip (i.e., when fishing in an approved SAP 
as described in Sec.  648.85(b).
    (B) Calculation. Unless determined otherwise, as specified under 
paragraph (v)(4) of this section, Regular B DAS are calculated as 
follows:
    (1) For the 2004 and 2005 fishing years, Regular B DAS are defined 
as 20 percent of the vessel's DAS baseline specified under paragraph 
(c)(3) of this section.
    (2) For the 2006 through 2008 fishing years, Regular B DAS are 
defined as 22.5 percent of the vessel's DAS baseline specified under 
paragraph (c)(3) of this section.
    (3) Starting in fishing year 2009, and thereafter, Regular B DAS 
are defined as 27.5 percent of the vessel's DAS baseline specified 
under paragraph (c)(3) of this section.
    (ii) Reserve B DAS--(A) Restrictions on use. Reserve B DAS can only 
be used in an approved SAP, as specified in Sec.  648.85.
    (B) Calculation. Unless determined otherwise, as specified under 
paragraph (v)(4) of this section, Reserve B DAS are calculated as 
follows:
    (1) For the 2004 and 2005 fishing years, Reserve B DAS are defined 
as 20 percent of the vessel's DAS baseline specified under paragraph 
(c)(3) of this section.
    (2) For the 2006 through 2008 fishing years, Reserve B DAS are 
defined as 22.5 percent of the vessel's DAS baseline specified under 
paragraph (c)(3) of this section.
    (3) Starting in fishing year 2009, and thereafter, Reserve B DAS 
are defined as 27.5 percent of the vessel's DAS baseline specified 
under paragraph (c)(3) of this section.
    (3) Category C DAS--(i) Restriction on use. Category C DAS are 
reserved and may not be fished.
    (ii) Calculation. Category C DAS are defined as the difference 
between a vessel's used DAS baseline, as described in paragraph (c)(3) 
of this section, and the number of DAS allocated to the vessel as of 
May 1, 2001.
    (4) Criteria and procedure for not reducing DAS allocations and 
modifying DAS accrual. The schedule of reductions in NE multispecies 
DAS, and the modification of DAS accrual specified under paragraph 
(n)(2) of this section, shall not occur if the Regional Administrator:
    (i) Determines that one of the following criteria has been met:
    (A) That the Amendment 13 projected target biomass levels for 
stocks targeted by the default measures, based on the 2005 and 2008 
stock assessments, have been or are projected to be attained with at 
least a 50-percent probability in the 2006 and 2009 fishing years, 
respectively, and overfishing is not occurring on those stocks (i.e., 
current information indicates that the stocks are rebuilt and 
overfishing is not occurring); or
    (B) That biomass projections, based on the 2005 and 2008 stock 
assessments, show that rebuilding will occur by the end of the 
rebuilding period with at least a 50-percent probability, and the best 
available estimate of the fishing mortality rate for the stocks 
targeted by the default measures indicates that overfishing is not 
occurring (i.e., current information indicates that rebuilding

[[Page 11080]]

will occur by the end of the rebuilding period and the fishing 
mortality rate is at or below Fmsy).
    (ii) Determines that all other stocks meet the fishing mortality 
rates specified in Amendment 13; and
    (iii) Publishes such determination in the Federal Register, 
consistent with Administrative Procedure Act requirements for proposed 
and final rulemaking.
    (w) DAS credit for standing by entangled whales. Limited access 
vessels fishing under the DAS program that report and stand by an 
entangled whale may request a DAS credit for the time spent standing by 
the whale. The following conditions and requirements must be met to 
receive this credit:
    (1) At the time the vessel begins standing by the entangled whale, 
the vessel operator must notify the USCG and the Center for Coastal 
Studies, or another organization authorized by the Regional 
Administrator, of the location of the entangled whale and that the 
vessel is going to stand by the entangled whale until the arrival of an 
authorized response team;
    (2) Only one vessel at a time may receive credit for standing by an 
entangled whale. A vessel standing by an entangled whale may transfer 
its stand-by status to another vessel while waiting for an authorized 
response team to arrive, provided it notifies the USCG and the Center 
for Coastal Studies, or another organization authorized by the Regional 
Administrator, of the transfer. The vessel to which stand-by status is 
transferred must also notify the USCG and the Center for Coastal 
Studies or another organization authorized by the Regional 
Administrator of this transfer and comply with the conditions and 
restrictions of this part;
    (3) The stand-by vessel must be available to answer questions on 
the condition of the animal, possible species identification, severity 
of entanglement, etc., and take photographs of the whale, if possible, 
regardless of the species of whale or whether the whale is alive or 
dead, during its stand-by status and after terminating its stand-by 
status. The stand-by vessel must remain on scene until the USCG or an 
authorized response team arrives, or the vessel is informed that an 
authorized response team will not arrive. If the vessel receives notice 
that a response team is not available, the vessel may discontinue 
standing-by the entangled whale and continue fishing operations; and
    (4) To receive credit for standing by an entangled whale, a vessel 
must submit a written request to the Regional Administrator. This 
request must include at least the following information: Date and time 
when the vessel began its stand-by status, date of first communication 
with the USCG, and date and time when the vessel terminated its stand-
by status. DAS credit shall not be granted for the time a vessel fishes 
when standing by an entangled whale. Upon a review of the request, NMFS 
shall consider granting the DAS credit based on information available 
at the time of the request, regardless of whether an authorized 
response team arrives on scene or a rescue is attempted. NMFS shall 
notify the permit holder of any DAS adjustment that is made or explain 
the reasons why an adjustment will not be made.
    8. In Sec.  648.85, paragraphs (a)(3)(ii); (a)(3)(iv)(C)(1), (2) 
and (4); (a)(3)(v); (b)(5) and (6); (b)(7)(iv)(A); (b)(7)(v)(A); 
(b)(7)(vi)(A); and (b)(8)(i), (iv), and (v) are suspended; the 
introductory text of paragraph (a)(3)(iii) is revised; and paragraphs 
(a)(3)(iv)(C)(5) through (7), (a)(3)(viii) and (ix), (b)(7)(iv)(J), 
(b)(7)(v)(F), (b)(7)(vi)(G), (b)(8)(vi), (vii) and (viii), and (b)(9) 
and (10) are added to read as follows:


Sec.  648.85  Special management programs.

    (a) * * *
    (3) * * *
    (iii) NE multispecies vessels fishing with trawl gear in the 
Eastern U.S./Canada Area defined in paragraph (a)(1)(ii) of this 
section must fish with a haddock separator trawl or a flounder trawl 
net, as described in paragraphs (a)(3)(iii)(A) and (B) of this section 
(both nets may be onboard the fishing vessel simultaneously). Other 
types of fishing gear may be on the vessel during a trip to the Eastern 
U.S./Canada Area, provided they are stowed according to the regulations 
at Sec.  648.23(b). The description of the haddock separator trawl and 
flounder trawl net in paragraph (a)(3)(iii) of this section may be 
further specified by the Regional Administrator through publication of 
such specifications in the Federal Register, consistent with the 
requirements of the Administrative Procedure Act.
* * * * *
    (iv) * * *
    (C) * * *
    (5) Initial yellowtail flounder landing limit. The initial 
yellowtail flounder possession limit for the U.S./Canada Area is 10,000 
lb (4,536 kg) per trip. A separate yellowtail flounder trip limit for 
the Closed Area II Yellowtail Flounder SAP is specified under paragraph 
(b)(3)(viii) of this section. The trip limits specified under this 
paragraph, or paragraph (b)(3)(viii) of this section, may be adjusted 
by the Regional Administrator pursuant to paragraphs (a)(3)(iv)(C)(3) 
and (6) of this section.
    (6) Authority to further restrict yellowtail flounder landing 
limits. Unless further restricted by the initial yellowtail flounder 
landing limit as specified by paragraph (a)(3)(iv)(C)(5) of this 
section, when the Regional Administrator projects that 70 percent of 
the TAC allocation for yellowtail flounder specified under paragraph 
(a)(2) of this section will be harvested, NMFS shall implement and/or 
adjust, through rulemaking consistent with the Administrative Procedure 
Act, the yellowtail flounder trip limit for vessels fishing in both the 
Western and Eastern U.S./Canada Area to 1,500 lb (680.4 kg) per day, 
and 15,000 lb (6,804.1 kg) per trip.
    (7) 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)(viii)(B) of this 
section, must comply with the most restrictive landing limits that 
apply to any of the areas fished, for the entire trip.
* * * * *
    (viii) Declaration. To fish in the U.S./Canada Management Area 
under a groundfish DAS, a NE multispecies DAS vessel, prior to leaving 
the dock, must declare through the VMS, in accordance with instructions 
to be provided by the Regional Administrator, which specific U.S./
Canada Management Area described in paragraphs (a)(1)(i) or (ii) of 
this section, or which specific SAP, described in paragraph (b) of this 
section, within the U.S./Canada Management Area the vessel will fish 
in, and comply with the restrictions and conditions in paragraphs 
(a)(3)(viii)(A) through (C) of this section. Vessels other than NE 
multispecies DAS vessels are not required to declare into the U.S./
Canada Management Areas.
    (A) A vessel fishing under a NE multispecies DAS in the Eastern 
U.S./Canada Area may fish both inside and outside the Eastern U.S./
Canada Area on the same trip, provided it complies with the most 
restrictive regulations applicable to the area fished for the entire 
trip and the restrictions of paragraphs (a)(3)(viii)(A)(1) and (2) of 
this section and does not discard legal-sized yellowtail flounder. If a 
vessel is fishing inside the Eastern U.S./Canada Area, and possesses 
yellowtail flounder in excess of what is allowed in either

[[Page 11081]]

the CC/GOM Yellowtail Flounder Area or the SNE/MA Yellowtail Flounder 
Area, as defined Sec.  648.86(g), it may not fish outside of the 
Eastern U.S./Canada Area on the same trip. On trips when the vessel 
operator elects to fish both inside and outside of the Eastern U.S./
Canada Area all cod, haddock, and yellowtail flounder caught on the 
trip will count toward the applicable hard TAC specified for the U.S./
Canada Management Area.
    (1) The vessel operator must notify NMFS via VMS that it is 
electing to fish outside the Eastern U.S./Canada Area either prior to 
leaving the dock, or prior to leaving the Eastern U.S./Canada Area. 
Category A DAS will accrue in accordance with paragraph Sec.  
648.10(b)(2)(v), regardless whether the vessel began its trip under a 
Category A or Category B DAS.
    (2) The vessel must comply with the reporting requirements of the 
U.S./Canada Management Area specified under Sec.  648.85(a)(3)(ix) for 
the duration of the 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 complies with the most restrictive 
regulations applicable to the area fished for the entire trip (e.g., 
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)(ix).
    (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 hours prior to the beginning of any trip that 
it declares into the U.S./Canada Management Area as required under this 
paragraph (a)(3)(viii).
    (ix) 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)(ix)(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)(viii) 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)(viii) of 
this section, the reports must include at least the following 
information: Total pounds of yellowtail flounder kept and total 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)(viii) 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.
* * * * *
    (b) * * *
    (7) * * *
    (iv) * * *
    (J) DAS use restrictions. A vessel fishing in the CA I Hook Gear 
Haddock SAP may not initiate a DAS flip. A vessel is prohibited from 
fishing in the CA I Hook Gear Haddock SAP while making a trip under the 
Regular B DAS Program described under paragraph (b)(10) of this 
section.
    (v) * * *
    (F) DAS use restrictions. Sector 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(v).
    (vi) * * *
    (G) DAS use restrictions. Non-Sector vessels fishing in the CA I 
Hook Gear Haddock SAP may use Regular B or Reserve B DAS, in accordance 
with Sec.  648.82(v)(2)(i)(C) and (v)(2)(ii)(A). A non-Sector vessel is 
prohibited from using A DAS when declared into the SAP.
    (H) GB cod incidental catch TAC. The maximum amount of GB cod 
(landings and discards) that may be cumulatively caught by non-Sector 
vessels from the CA I Hook Gear Haddock Access Area in a fishing year 
is the amount specified under paragraph (b)(9)(ii) of this section.
    (I) Mandatory closure of CA I Hook Gear Haddock Access Area due to 
catch of GB cod incidental catch TAC. When the Regional Administrator 
determines that the GB cod incidental catch TAC specified in paragraph 
(b)(7)(vi)(H) of this section has been caught, NMFS shall close, 
through rulemaking consistent with the Administrative Procedure Act, 
the CA I Hook Gear Haddock Access Area to all non-Sector fishing 
vessels.
    (8) * * *
    (vi) Eligibility. Vessels issued a valid limited access NE 
multispecies DAS permit, and fishing with trawl gear as specified in 
paragraph (b)(8)(viii)(E) of this section, 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 (vii) 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)(viii)(K) or (L) of this section. Copies of a chart 
depicting this area are available from the Regional Administrator upon 
request.
    (vii) Season. Eligible vessels may fish in the Eastern U.S./Canada 
Haddock SAP Pilot Program only from August 1 through December 31.
    (viii) 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(v)(2)(i)(A) and the restrictions of this paragraph 
(b)(8)(viii)(A).
    (1) If fishing under a Category B DAS, a vessel is required to 
comply with the no discarding and DAS flip requirements specified in 
paragraph (b)(8)(viii)(I) of this section, and the minimum Category A 
DAS requirements of paragraph (b)(8)(viii)(J) of this section.
    (2) A vessel that is declared into the Eastern U.S./Canada Haddock 
SAP Pilot Program, described in paragraph (b)(8)(vi) 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 Program 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

[[Page 11082]]

DAS and abides by the VMS restrictions of paragraph (b)(8)(viii)(D) of 
this section.
    (4) Vessels that elect to fish in multiple areas, as described in 
this paragraph (b)(8)(viii)(A), must fish under the most restrictive 
trip provisions of any of the areas fished for the entire trip.
    (B) VMS requirement. A NE multispecies DAS vessel fishing in the 
Eastern U.S./Canada Haddock SAP Program specified under paragraph 
(b)(8)(vi) 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 purpose 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 hours prior to the beginning of any trip 
that it declares into the Eastern U.S./Canada Haddock SAP Program 
specified in paragraph (b)(8)(vi) of this section, as required under 
paragraph (b)(8)(viii)(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)(viii)(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 authorized for the Eastern U.S./Canada 
Area, as specified in paragraph (a)(3)(iii)(A) of this section. Other 
types of fishing gear may be on the vessel when participating on a trip 
in the Eastern U.S./Canada Haddock SAP Program, provided the other gear 
is stowed in accordance with Sec.  648.23(b).
    (F) Landing limits. Unless otherwise restricted, NE multispecies 
vessels 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), unless further restricted under paragraph (a)(3)(iv) 
of this section. A NE multispecies vessel fishing in the Eastern U.S./
Canada Haddock SAP Pilot Program, and fishing under a Category B DAS, 
may not land more than 100 lb (45.5 kg) per DAS, or any part of a DAS, 
of GB yellowtail flounder or GB winter flounder, and no more than 500 
lb (227 kg) of all flounder species, combined. Possession of monkfish 
(whole weight), and skates is limited to 500 lb (227 kg) each and 
possession of lobsters is prohibited.
    (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)(ix) of 
this section.
    (H) Incidental TACs. The maximum amount of GB cod, GB yellowtail 
flounder, and GB winter flounder (landings and discards) that may be 
caught when fishing in the Eastern U.S./Canada Haddock SAP Program in a 
fishing year, by vessels fishing under a Category B DAS, as authorized 
in paragraph (b)(8)(viii)(A) is the amount specified in paragraph 
(b)(9)(ii) and (iii), respectively.
    (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, yellowtail flounder, or winter 
flounder. If a vessel fishing under a Category B DAS harvests and 
brings on board more legal-sized cod, yellowtail flounder, winter 
flounder, or monkfish than the landing limits specified under paragraph 
(b)(8)(viii)(F) of this section, the vessel operator must notify NMFS 
immediately via VMS to initiate a DAS flip to Category A DAS. For a 
vessel that notifies 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 into 
the Eastern U.S./Canada Area 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, according to the regulations at Sec.  648.82(n)(2). 
Once such vessel has initiated the DAS flip and is fishing under a 
Category A DAS, the prohibition on discarding legal-sized cod, 
yellowtail flounder, and winter flounder no longer applies.
    (J) Minimum Category A DAS. To fish 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 that the vessel has at the start of 
the trip divided by 1.4.
    (K) Mandatory closure of Eastern U.S./Canada Haddock SAP Pilot 
Program. When the Regional Administrator projects that one or more of 
the TAC allocations specified in paragraph (b)(8)(viii)(H) of this 
section has been caught by vessels fishing under Category B DAS, NMFS 
shall prohibit the use of Category B DAS in the Eastern U.S./Canada 
Haddock SAP Pilot Program, through notice in the Federal Register, 
consistent with the Administrative Procedure Act. 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.  
648.7, 648.9, 648.10, or 648.85, and any other relevant information 
may, through rulemaking consistent with the Administrative Procedure 
Act, close the Eastern U.S./Canada Haddock SAP Pilot Program for the 
duration of the season, if it is determined 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.
    (9) Incidental TACs. Unless otherwise specified in this paragraph 
(b)(9), incidental TACs shall be specified through the periodic 
adjustment process described in Sec.  648.90, and allocated as 
described in paragraph (b)(9) of this section, for each of the 
following stocks: GOM cod, GB cod, GB yellowtail flounder, GB winter 
flounder, CC/GOM yellowtail flounder, American plaice, white hake, SNE/
MA yellowtail flounder, SNE/MA winter flounder, and witch flounder. 
NMFS shall send letters to limited access NE multispecies permit 
holders notifying them of such TACs.
    (i) Stocks other than GB cod, GB yellowtail flounder and GB winter 
flounder. With the exception of GB cod, GB yellowtail flounder and GB 
winter flounder, the incidental TACs specified under this paragraph 
(b)(9) shall be allocated to the Regular B DAS Program described in 
paragraph (b)(10) of this section.
    (ii) GB cod. The incidental TAC for GB cod specified in this 
paragraph (b)(9), shall be subdivided as follows: 50 percent to the 
Regular B DAS Program, described in paragraph (b)(10) of this section; 
16 percent to the CA I Hook Gear Haddock SAP, described in paragraph 
(b)(7) of this section; and 34

[[Page 11083]]

percent to the Eastern U.S./Canada Haddock SAP Pilot Program, described 
in paragraph (b)(8) of this section.
    (iii) GB yellowtail flounder and GB winter flounder. The incidental 
TACs for GB yellowtail flounder and GB winter flounder specified under 
this paragraph (b)(9) shall be subdivided as follows: 50 percent to the 
Regular B DAS Program, described in paragraph (b)(10) of this section; 
and 50 percent to the Eastern U.S./Canada Haddock SAP Pilot Program, 
described in paragraph (b)(8) of this section.
    (10) Regular B DAS 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 Program in the area 
specified in paragraph (b)(10)(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)(10), and provided the use of 
Regular B DAS is not restricted according to paragraphs (b)(10)(iv)(G) 
or (H), or paragraph (b)(10)(vi) of this section. Vessels are required 
to comply with the no discarding and DAS flip requirements specified in 
paragraph (b)(10)(iv)(E) of this section, and the DAS balance and 
accrual requirements specified in paragraph (b)(10)(iv)(F) of this 
section. Vessels may fish under the Regular B DAS Program and in the 
U.S./Canada Management Area on the same trip, but may not fish under 
the Regular B DAS Program and in a SAP on the same trip. Category C, D, 
or F monkfish vessels may only participate in this program if fishing 
under a NE multispecies DAS only (i.e., Category C, D, or F monkfish 
vessels may not use a Regular B DAS and a monkfish DAS on the same trip 
under the Regular B DAS Program).
    (ii) Scope of the program. Fishing under this program may occur 
only in the geographic area defined for the U.S./Canada Management 
Areas, described under paragraph (a)(1), of this section.
    (iii) Quarterly incidental catch TACs. The incidental catch TACs 
specified in accordance with paragraph (b)(9) of this section shall be 
divided into quarterly catch TACs, as follows: The first quarter shall 
receive 13 percent of the incidental TACs and the remaining quarters 
shall receive 29 percent of the quarterly TACs each. NMFS shall send 
letters to limited access NE multispecies permit holders notifying them 
of such TACs.
    (iv) Program requirements--(A) VMS requirement. A NE multispecies 
DAS vessel fishing in the Regular B DAS Program described in paragraph 
(b)(10)(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; at 
least 72 hr prior to the beginning of any trip that it declares into 
the Regular B DAS Program as required under paragraph (b)(10)(iv)(C) of 
this section, and in accordance with instructions provided by the 
Regional Administrator.
    (C) VMS declaration. To participate in the Regular B DAS Program 
under a Regular B DAS, a vessel must declare into the Program via the 
VMS prior to departure from port, in accordance with instructions 
provided by the Regional Administrator. A vessel declared into the 
Regular B DAS 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 Program described in this paragraph (b)(10), 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, yellowtail flounder and 
windowpane flounder, with a maximum limit of 500 lb (227 kg) of all 
flatfish species (American plaice, witch flounder, winter flounder, 
windowpane flounder and yellowtail flounder), combined. Possession of 
monkfish (whole weight), and skates is limited to 500 lb (227 kg) per 
trip each and possession of lobsters is prohibited, unless otherwise 
restricted by Sec.  648.94(b)(7).
    (E) No-discard provision and DAS flips. A vessel fishing in the 
Regular B DAS Program under a Regular B DAS may not discard legal-sized 
regulated groundfish or monkfish. This prohibition on discarding does 
not apply in areas or times where the possession or landing of such 
groundfish or monkfish is prohibited. If such a vessel harvests and 
brings on board more legal-sized regulated groundfish or monkfish than 
the applicable maximum landing limit per trip specified under paragraph 
(b)(10)(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 notifies NMFS 
of a DAS flip, the Category 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 it 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 and 
monkfish no longer applies. A vessel that has declared a DAS flip will 
be subject to the most restrictive landing restrictions specified under 
paragraph (a)(3)(iv) of this section and paragraph Sec.  648.86. 
Category C, D, or F monkfish vessels that have declared a DAS flip will 
be subject to the monkfish possession limits at Sec.  648.94(b)(3).
    (F) Minimum Category A DAS and B DAS accrual. For a vessel fishing 
under the Regular B DAS Program, the number of Regular B DAS that can 
be used on a trip cannot exceed the number of Category A DAS divided by 
1.4 that the vessel has available at the start of the trip. The vessel 
will accrue DAS in accordance with Sec.  648.82(n)(3).
    (G) Restrictions when 100 percent of the incidental catch TAC is 
harvested. When the Regional Administrator determines, and provides 
notification through rulemaking consistent with the Administrative 
Procedure Act, that 100 percent of one or more of the quarterly 
incidental TACs specified under paragraph (b)(10)(iii) of this section 
is projected to have been harvested, Regular B DAS may not be used in 
the Regular B DAS Program for the duration of the calendar quarter. The 
closure of a the Regular B DAS Program will occur even if the quarterly 
incidental TACs for other stocks have not been completely harvested.
    (H) Closure of Regular B DAS program and quarterly DAS limits. 
Unless otherwise closed as a result of the harvest of an incidental TAC 
as described in paragraph (b)(10)(iv)(G) of this section, or as a 
result of an action by the Regional Administrator under paragraph 
(b)(10)(v) of this section, when the Regional Administrator determines, 
and provides notification through rulemaking consistent with the 
Administrative Procedure Act, that 500 Regular B DAS have been used 
during the May-July quarter, or when1,000 Regular B DAS have been used 
during any other calendar quarter of the fishing year, in accordance 
with Sec.  648.82(n)(3),

[[Page 11084]]

Regular B DAS may not be used for the duration of the calendar quarter.
    (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 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 
Program in accordance with paragraph (b)(10)(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. All NE multispecies permit holders will be sent a letter 
informing them of the statistical areas.
    (J) Trawl Gear Requirement. Vessels fishing with trawl gear in the 
Regular B DAS Program must use a haddock separator trawl as described 
under paragraph (a)(3)(iii)(A) of this section.
    (v) Closure of the Regular B DAS 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, 
through rulemaking consistent with the Administrative Procedure Act, 
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 
Program would undermine the achievement of the objectives of the FMP or 
Regular B DAS Program.
* * * * *
    9. In Sec.  648.86, paragraphs (b) and (g)(1) and (2) are 
suspended, and paragraphs (g)(4) and (5), and (i) are added to read as 
follows:


Sec.  648.86  Multispecies possession restrictions.

* * * * *
    (g) * * *
    (4) Cape Cod/GOM yellowtail flounder possession limit restrictions. 
Except when fishing under the recreational and charter/party 
restrictions specified under Sec.  648.89, or unless otherwise 
restricted as specified in Sec. Sec.  648.82(u)(5), and 648.88(c), a 
qualified vessel issued a NE multispecies permit and fishing with a 
limited access Handgear A permit, under a NE multispecies DAS, or under 
a monkfish DAS when fishing under the limited access monkfish Category 
C or D permit provisions, may fish for, possess and land yellowtail 
flounder in or from the Cape Cod/GOM Yellowtail Flounder Area described 
in paragraph (g)(4)(i) of this section, subject to the requirements and 
trip limits specified in paragraph (g)(4)(ii) of this section.
    (i) Cape Cod/GOM Yellowtail Flounder Area. The Cape Cod/GOM 
Yellowtail Flounder Area (copies of a chart depicting the area is 
available from the Regional Administrator upon request), is the area 
defined by straight lines connecting the following points in the order 
stated:

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

    (ii) Requirements. Vessels fishing in the Cape Cod/GOM Yellowtail 
Flounder Area are bound by the following requirements:
    (A) The vessel must possess on board a yellowtail flounder 
possession/landing authorization letter issued by the Regional 
Administrator. To obtain this exemption letter the vessel owner must 
make a request in writing to the Regional Administrator.
    (B) The vessel may not fish inside the SNE/MA Yellowtail Flounder 
Area, for a minimum of 7 consecutive days (when fishing with a limited 
access Handgear A permit, under the NE multispecies DAS program, or 
under the monkfish DAS program if the vessels is fishing under the 
limited access monkfish Category C or D permit provisions), unless 
otherwise specified in paragraph (g)(3) of this section. Vessels 
subject to these restrictions may fish any portion of a trip in the 
portion of the GB, SNE, and MA Regulated Mesh Areas outside of the SNE/
MA Yellowtail Flounder Area, provided the vessel complies with the 
possession restrictions specified under this paragraph (g). Vessels 
subject to these restrictions may transit the SNE/MA Yellowtail 
Flounder Area, provided the gear is stowed in accordance with Sec.  
648.23(b).
    (C) During the periods May through June, and October through 
November, the vessel may land or possess on board only up to 250 lb 
(113.6 kg) of yellowtail flounder per trip.
    (D) During the periods July through September, and December through 
April, the vessel may land or possess on board only up to 500 lb (226.8 
kg) of yellowtail flounder per DAS, or any part of a DAS, up to a 
maximum possession limit of 2,000 lb (907.2 kg) per trip.
    (5) SNE/MA yellowtail flounder possession limit restrictions. 
Except when fishing under the recreational and charter/party 
restrictions specified in Sec.  648.89, or unless otherwise restricted 
as specified in Sec.  648.82(u)(3) and (u)(5), and Sec.  648.88(c), a 
vessel issued a NE multispecies permit and fishing with a limited 
access Handgear A permit, under a NE multispecies DAS, or under a 
monkfish DAS when fishing under the limited access monkfish Category C 
or D permit provisions, in the SNE/MA Yellowtail Flounder Area, 
described in paragraph (g)(5)(i) of this section, is subject to the 
requirements and trip limits specified in paragraph (g)(5)(ii) of this 
section, in order to fish for, possess, or land yellowtail flounder.
    (i) SNE/MA Yellowtail Flounder Area. The SNE/MA Yellowtail Flounder 
Area (copies of a chart depicting the area is available from the 
Regional Administrator upon request), is the area defined by straight 
lines connecting the following points in the order stated:

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

    (ii) Requirements. Vessels fishing in the SNE/MA Yellowtail 
Flounder Area are bound by the following requirements:
    (A) The vessel must possess on board a yellowtail flounder 
possession/landing authorization letter issued by the Regional 
Administrator. To obtain

[[Page 11085]]

this exemption letter the vessel owner must make a request in writing 
to the Regional Administrator.
    (B) The vessel may not fish in the Cape Cod/GOM Yellowtail Flounder 
Area for a minimum of 7 consecutive days (when fishing with a limited 
access Handgear A permit, under the NE multispecies DAS program, or 
under the monkfish DAS program if the vessels are fishing under the 
limited access monkfish Category C or D permit provisions), unless 
otherwise specified in paragraph (g)(3) of this section. Vessels 
subject to these restrictions may fish any portion of the GB, SNE, and 
MA Regulated Mesh Areas outside of the Cape Cod/GOM Yellowtail Flounder 
Area, provided the vessel complies with the possession restrictions 
specified under this paragraph (g). Vessels subject to these 
restrictions may transit the Cape Cod/GOM Yellowtail Flounder Area, 
provided gear is stowed in accordance with Sec.  648.23(b).
    (C) During the periods May through June, and October through 
November, the vessel may land or possess on board only up to 250 lb 
(113.6 kg) of yellowtail flounder per trip.
    (D) During the periods July through September, and December through 
April, the vessel may land or possess on board only up to 500 lb (226.8 
kg) of yellowtail flounder per DAS, or any part of a DAS, up to a 
maximum possession limit of 2,000 lb (907.2 kg) per trip.
* * * * *
    (i) Cod--(1) GOM cod landing limit. (i) Except as provided in 
paragraphs (i)(1)(ii) and (i)(4) of this section, or unless otherwise 
restricted under Sec.  648.85, a vessel fishing under a NE multispecies 
DAS may land only up to 600 lb (272.2 kg) of cod during the first 24-hr 
period after the vessel has started a trip on which cod were landed 
(e.g., a vessel that starts a trip at 6 a.m. may call out of the DAS 
program at 11 a.m. and land up to 600 lb (272.2 kg), but the vessel 
cannot land any more cod on a subsequent trip until at least 6 a.m. on 
the following day). For each trip longer than 24-hr, a vessel may land 
up to an additional 600 lb (272.2 kg) for each additional 24-hr block 
of DAS fished, or part of an additional 24-hr block of DAS fished, up 
to a maximum of 4,000 lb (1,818.2 kg) per trip (e.g., a vessel that has 
been called into the DAS program for more than 24 hr, but less than 48 
hr, may land up to, but no more than 1,200 lb (544.4 kg) of cod). A 
vessel that has been called into only part of an additional 24-hr block 
of a DAS (e.g., a vessel that has been called into the DAS program for 
more than 24 hr, but less than 48 hr) may land up to an additional 600 
lb (272.2 kg) of cod for that trip, provided the vessel complies with 
the provisions of paragraph (i)(1)(ii) of this section. Cod on board a 
vessel subject to this landing limit must be separated from other 
species of fish and stored so as to be readily available for 
inspection.
    (ii) A vessel that has been called into only part of an additional 
24-hr block may come into port with and offload cod up to an additional 
600 lb (272.2 kg), provided that the vessel operator does not call out 
of the DAS program as described under Sec.  648.10(c)(7) and does not 
depart from a dock or mooring in port, unless transiting, as allowed in 
paragraph (i)(3) of this section, until the rest of the additional 24-
hr block of the DAS has elapsed, regardless of whether all of the cod 
on board is offloaded (e.g., a vessel that has been called into the DAS 
program for 25 hr, at the time of landing, may land only up to 1,200 lb 
(544.4 kg) of cod, provided the vessel does not call out of the DAS 
program or leave port until 48 hours have elapsed from the beginning of 
the trip).
    (2) GB cod landing and maximum possession limits. (i) Unless as 
provided under Sec.  648.85, or under the provisions of paragraph 
(i)(2)(iii) of this section for vessels fishing with hook gear, for 
each fishing year, a vessel that is exempt from the landing limit 
described in paragraph (i)(1) of this section, and fishing under a NE 
multispecies DAS may land up to 1,000 lb (453.6 kg) of cod during the 
first 24-hr period after the vessel has started a trip on which cod 
were landed (e.g., a vessel that starts a trip at 6 a.m. may call out 
of the DAS program at 11 a.m. and land up to 1,000 lb (453.6 kg)), but 
the vessel cannot land any more cod on a subsequent trip until at least 
6 a.m. on the following day). For each trip longer than 24 hr, a vessel 
may land up to an additional 1,000 lb (453.6 kg) for each additional 
24-hr block of DAS fished, or part of an additional 24-hr block of DAS 
fished, up to a maximum of 10,000 lb (4536 kg) per trip (e.g., a vessel 
that has been called into the DAS program for 48 hr or less, but more 
than 24 hr, may land up to, but no more than 2,000 lb (907.2 kg) of 
cod). A vessel that has called into only part of an additional 24-hr 
block of a DAS (e.g., a vessel that has called into the DAS program for 
more than 24 hr, but less than 48 hr) may land up to an additional 
1,000 lb (453.6 kg) of cod for that trip of cod provided the vessel 
complies with paragraph (i)(2)(ii) of this section. Cod on board a 
vessel subject to this landing limit must be separated from other 
species of fish and stored so as to be readily available for 
inspection.
    (ii) A vessel that has been called into only part of an additional 
24 hr block, may come into port with and offload cod up to an 
additional 1,000 lb (453.6 kg), provided that the vessel operator does 
not call-out of the DAS program as described under Sec.  648.10(c)(7) 
and does not depart from a dock or mooring in port, unless transiting 
as allowed in paragraph (i)(3) of this section, until the rest of the 
additional 24-hr block of the DAS has elapsed regardless of whether all 
of the cod on board is offloaded (e.g., a vessel that has been called 
into the DAS program for 25 hr, at the time of landing, may land only 
up to 2,000 lb (907.2 kg) of cod, provided the vessel does not call out 
of the DAS program or leave port until 48 hr have elapsed from the 
beginning of the trip).
    (iii) [Reserved]
    (3) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraphs (i)(1) and (2) of this section, and that is, 
therefore, subject to the requirement to remain in port for the period 
of time described in paragraphs (i)(1)(ii)(A) and (i)(2)(ii)(A) of this 
section, may transit to another port during this time, provided that 
the vessel operator notifies the Regional Administrator, either at the 
time the vessel reports its hailed weight of cod, or at a later time 
prior to transiting, and provides the following information: Vessel 
name and permit number, destination port, time of departure, and 
estimated time of arrival. A vessel transiting under this provision 
must stow its gear in accordance with one of the methods specified in 
Sec.  648.23(b) and may not have any fish on board the vessel.
    (4) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (i)(1) of this 
section when fishing south of a line beginning at the Cape Cod, MA, 
coastline at 42[deg]00[min] N. lat. and running eastward along 
42[deg]00[min] N. lat. until it intersects with 69[deg]30[min] W. 
long., then northward along 69[deg]30[min] W. long. until it intersects 
with 42[deg]0[min] N. lat., then eastward along 42[deg]20[min] N. lat. 
until it intersects with 67[deg]20[min] W. long., then northward along 
67[deg]20[min] W. long. until it intersects with the U.S.-Canada 
maritime boundary, provided that it does not fish north of this 
exemption area for a minimum of 7 consecutive days (when fishing under 
the NE multispecies DAS program), and has on board an authorization 
letter issued by the Regional Administrator. Vessels exempt from the 
landing limit requirement may transit the GOM/GB Regulated Mesh Area 
north of this exemption area, provided that their gear

[[Page 11086]]

is stowed in accordance with one of the provisions of Sec.  648.23(b).
* * * * *
    10. In Sec.  648.89, paragraphs (b)(1), (c)(1)(i) and (c)(2)(i) are 
suspended and paragraphs (b)(3) and (4), (c)(1)(v) and (vi), and 
(c)(2)(v) and (vi) are added to read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

* * * * *
    (b) * * *
    (3) Minimum fish sizes. Unless further restricted under paragraph 
(b)(4) of this section, persons aboard charter or party vessels 
permitted under this part and not fishing under the NE multispecies DAS 
program, and recreational fishing vessels in or possessing fish from 
the EEZ, may not posses fish smaller than the minimum fish sizes, 
measured in total length (TL) as follows:

  Minimum Fish Sizes (TL) for Charter, Party, and Private Recreational
                                 Vessels
------------------------------------------------------------------------
                  Species                               Sizes
------------------------------------------------------------------------
Cod.......................................  22 (58.4 cm).
Haddock...................................  19 (48.3 cm).
Pollock...................................  19 (48.3 cm).
Witch flounder (gray sole)................  14 (35.6 cm).
Yellowtail flounder.......................  13 (33.0 cm).
Atlantic halibut..........................  36 (91.4 cm).
American plaice (dab).....................  14 (35.6 cm).
Winter flounder (blackback)...............  12 (30.5 cm).
Redfish...................................   9 (22.9 cm).
------------------------------------------------------------------------

    (4) GOM cod. Private recreational vessels and charter party vessels 
described in paragraph (b)(3) of this section, may not possess cod 
smaller than 24 inches (63.7 cm) in total length when fishing in the 
GOM Regulated Mesh Area specified under Sec.  648.80(a)(1).
    (c) * * *
    (1) * * *
    (v) Unless further restricted by the Seasonal GOM Cod Possession 
Prohibition specified under paragraph (c)(1)(vi) of this section, each 
person on a private recreational vessel may possess up to 10 cod per 
day, in, or harvested from the EEZ.
    (vi) Seasonal GOM Cod Possession Prohibition. Persons on board 
private recreational fishing vessels may not fish for or possess any 
cod in or from the GOM Regulated Mesh Area from November 1 through 
March 31. Private recreational vessels in possession of cod caught 
outside the GOM Regulated Mesh Area may transit this area, provided all 
bait and hooks are removed from fishing rods and the cod has been 
gutted and stored.
    (2) * * *
    (v) Unless further restricted under paragraph (c)(2)(vi) of this 
section, each person on the vessel may possess up to 10 cod per day.
    (vi) Seasonal GOM Cod Possession Prohibition. Persons on board 
charter/party fishing vessels may not fish for or possess any cod in 
the GOM Regulated Mesh Area from November 1 through March 31. Charter/
party vessels in or from possession of cod caught outside the GOM 
Regulated Mesh Area may transit this area, provided all bait and hooks 
are removed from fishing rods and the cod has been gutted and stored.
* * * * *
    11. In Sec.  648.91, paragraphs (c)(1)(i), (ii), and (iv) are 
suspended, and paragraphs (c)(1)(v) through (vii) are added to read as 
follows:


Sec.  648.91  Monkfish regulated mesh areas and restrictions on gear 
and methods of fishing.

* * * * *
    (c) * * *
    (1) * * *
    (v) Trawl nets while on a monkfish DAS. Except as provided in 
paragraph (c)(1)(vi) of this section, the minimum mesh size for any 
trawl net, including beam trawl nets, used by a vessel fishing under a 
monkfish DAS is 10-inch (25.4-cm) square or 12-inch (30.5-cm) diamond 
mesh throughout the codend for at least 45 continuous meshes forward of 
the terminus of the net. The minimum mesh size for the remainder of the 
trawl net is the regulated mesh size specified under Sec.  
648.80(a)(3), (a)(4), (b)(2)(vii), or (c)(2)(I) of the Northeast 
multispecies regulations, depending upon, and consistent with, the NE 
multispecies regulated mesh area being fished.
    (vi) Trawl nets while on a monkfish and NE Multispecies DAS. 
Vessels issued a Category C, D, F, G, or H limited access monkfish 
permit and fishing with trawl gear under both a monkfish and NE 
multispecies DAS are subject to the minimum mesh size allowed under 
regulations governing mesh size at Sec.  648.80(a)(3), (a)(4), 
(b)(2)(vii), or (c)(2)(I) of the Northeast multispecies regulations, 
depending upon, and consistent with, the NE multispecies regulated mesh 
area being fished, unless otherwise specified in this paragraph 
(c)(1)(vi). Trawl vessels participating in the Offshore Fishery 
Program, as described in Sec.  648.95, and that have been issued a 
Category F monkfish limited access permit, are subject to the minimum 
mesh size specified in paragraph (c)(1)(v) of this section.
    (vii) Authorized gear while on a monkfish and scallop DAS. Vessels 
issued a Category C, D, F, G, or H limited access monkfish permit and 
fishing under a monkfish and scallop DAS may only fish with and use a 
trawl net with a mesh size no smaller than that specified in paragraph 
(c)(1)(v) of this section.
* * * * *
    12. In Sec.  648.92, paragraphs (a)(1), (b)(2)(i) through (iii) are 
suspended, and paragraphs (a)(3), (b)(2)(iv) and (v) are added to read 
as follows:


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

    (a) * * *
    (3) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History as described in Sec.  
648.4(a)(1)(i)(R) for the entire fishing year preceding the carry-over 
year, limited access vessels that have unused DAS on the last day of 
April of any year may carry over a maximum of 10 unused DAS into the 
next fishing year. Any DAS that have been forfeited due to an 
enforcement proceeding will be deducted from all other unused DAS in 
determining how many DAS may be carried over.
* * * * *
    (b) * * *
    (2) * * *
    (iv) Unless otherwise specified in paragraph (b)(2)(ii) of this 
section, each monkfish DAS used by a limited access NE multispecies or 
scallop DAS vessel holding a Category C, D, F, G, or H limited access 
monkfish permit shall also be counted as a NE multispecies or scallop 
DAS, as applicable, except when a Category C, D, F, G, or H vessel with 
a limited access NE multispecies DAS permit has a net allocation of NE 
Category A multispecies DAS, after accounting for differential DAS 
counting as specified at Sec.  648.82(n)(2), that is less than the 
number of monkfish DAS allocated for a fishing year. Under this 
circumstance, a Category C, D, F, G, or H monkfish vessel could fish 
under a monkfish-only DAS when groundfish DAS are no longer available, 
provided the vessel fishes under the provisions of the monkfish 
Category A or B permit. Such vessels would be limited to monkfish-only 
DAS equal to their net monkfish DAS allocations (including carry-over 
DAS) minus their net NE multispecies Category A DAS allocation 
(including carry-over DAS) divided by 1.4. For example, if a Category C 
monkfish vessel had a net NE multispecies DAS allocation of 20 DAS, the 
maximum number of monkfish-only DAS that the vessel would be able to 
fish would be 25.7 DAS (40 monkfish DAS--(20 NE multispecies DAS 
allocated / 1.4)).

[[Page 11087]]

    (v) Category C, D, F, G, or H vessels that lease NE multispecies 
DAS. (A) A monkfish Category C, D, F, G, or H vessel that has 
``monkfish-only'' DAS, as specified in paragraph (b)(2)(iv) of this 
section, and that leases NE multispecies DAS from another vessel 
pursuant to Sec.  648.82(t), is required to fish its available 
``monkfish-only'' DAS in conjunction with its leased NE multispecies 
DAS, to the extent that the vessel has NE multispecies DAS available.
    (B) A monkfish Category C, D, F, G, or H vessel that leases DAS to 
another vessel(s), pursuant to Sec.  648.82(t), is required to forfeit 
a monkfish DAS for each NE multispecies DAS that the vessel leases, 
equal in number to the difference between the number of remaining NE 
multispecies DAS and the number of unused monkfish DAS at the time of 
the lease. For example, if a lessor vessel, which had 40 unused 
monkfish DAS and 47 allocated NE multispecies DAS, lease 10 of its NE 
multispecies DAS, the lessor would forfeit 3 of its monkfish DAS (40 
monkfish DAS - 37 NE multispecies DAS = 3) because it would have 3 
fewer multispecies DAS than monkfish DAS after the lease.
* * * * *
    13. In Sec.  648.94, paragraphs (b)(3) and (c)(3)(i) are suspended, 
and paragraphs (b)(7) and (c)(3)(iii) are added to read as follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *
    (7) Category C, D, F, G, and H vessels fishing under the 
multispecies DAS program--(i) NFMA--(A) Category C and D vessels. There 
is no monkfish trip limit for a Category C or D vessel that is fishing 
under a NE multispecies DAS exclusively in the NFMA, except for vessels 
participating in the Regular B DAS Program, as specified in Sec.  
648.85(b)(10)(iv)(D). Category C and D vessels participating in the 
Regular B DAS Program are subject to the incidental catch limit 
specified in paragraph (c)(1)(i) of this section.
    (B) Category F, G, and H vessels. Vessels issued a Category F, G, 
or H permit that are fishing under a NE multispecies DAS in the NFMA 
are subject to the incidental catch limit specified in paragraph 
(c)(1)(i) of this section.
    (ii) SFMA--(A) Category C, D, and F vessels. If any portion of a 
trip is fished only under a NE multispecies DAS, and not under a 
monkfish DAS, in the SFMA, a Category C, D, or F vessel may land up to 
300 lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish 
per DAS if trawl gear is used exclusively during the trip, or 50 lb (23 
kg) tail weight or 166 lb (75 kg) whole weight per DAS if gear other 
than trawl gear is used at any time during the trip, except for vessels 
participating in the Regular B DAS Program, as specified in Sec.  
648.85(b)(10)(iv)(D). Category C and D vessels participating in the 
Regular B DAS Program are subject to the incidental catch limit 
specified in paragraph (c)(1)(ii) of this section.
    (B) Category G and H vessels. Vessels issued a Category G or H 
permit that are fishing under a NE multispecies DAS in the SFMA are 
subject to the incidental catch limit specified in paragraph (c)(1)(ii) 
of this section. Category G and H vessels participating in the Regular 
B DAS Program are subject to the incidental catch limit specified in 
paragraph (c)(1)(ii) of this section.
    (iii) Transiting. A vessel that harvested monkfish in the NFMA may 
transit the SFMA and possess monkfish in excess of the SFMA landing 
limit provided such vessel complies with the provisions of Sec.  
648.94(e).
* * * * *
    (c) * * *
    (3) * * *
    (iii) A vessel issued a valid monkfish incidental catch (Category 
E) permit or a limited access monkfish permit (Category A, B, C, D, F, 
G, or H) fishing in the GOM or GB RMAs, or the SNE RMA east of the MA 
Exemption Area boundary with mesh no smaller than specified at 
Sec. Sec.  648.80(a)(3)(i), (a)(4)(vi), and (b)(2)(vii), respectively, 
while not on a monkfish, NE multispecies, or scallop DAS, may possess, 
retain, and land monkfish (whole or tails) only up to 5 percent (where 
the weight of all monkfish is converted to tail weight) of the total 
weight of fish on board. For the purpose of converting whole weight to 
tail weight, the amount of whole weight possessed or landed is divided 
by 3.32.
* * * * *
    14. In Sec.  648.95, paragraph (e)(3) is suspended, and paragraph 
(e)(5) is added to read as follows:


Sec.  648.95  Offshore Fishery Program in the SFMA.

* * * * *
    (e) * * *
    (5) A vessel issued a Category F permit that is fishing on a 
monkfish DAS is subject to the minimum mesh size requirements 
applicable to limited access monkfish Category A and B vessels, as 
specified under Sec.  648.91(c)(1)(v) and (c)(1)(iii), as well as the 
other gear requirements specified in paragraphs (c)(2) and (c)(3).
* * * * *
[FR Doc. 06-1911 Filed 2-24-06; 2:23 pm]
BILLING CODE 3510-22-P