[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Rules and Regulations]
[Pages 19348-19390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3504]



[[Page 19347]]

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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; Emergency Interim Final Rule

  Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules 
and Regulations  

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060209031-6092-02; 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: Temporary rule; emergency interim final rule and request for 
comments.

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SUMMARY: NMFS implements this interim final rule pursuant to its 
authority to issue emergency measures under the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). This 
emergency action implements measures intended to reduce immediately the 
fishing mortality rate (F) on certain groundfish species to prevent 
overfishing and maintain the rebuilding programs of the Northeast (NE) 
Multispecies Fishery Management Plan (FMP). Specifically, this 
emergency action implements differential days-at-sea (DAS) counting for 
all groundfish vessels not participating in the U.S./Canada Management 
Area on Georges Bank (GB), reduced trip limits for certain species, and 
recreational possession restrictions, among other provisions. In 
addition, this action continues two programs that would otherwise 
expire by the end of the 2005 fishing year (FY) on April 30, 2006: The 
DAS Leasing Program and a modified Regular B DAS Program on GB. Due to 
the impact of these proposed measures on the monkfish fishery, this 
emergency action also limits participation of monkfish Category C, D, 
or F permits in the Regular B DAS Program and revises the method of 
calculating available monkfish-only DAS for Category C, D, F, G, or H 
monkfish vessels. Further, this action eliminates the daily and maximum 
trip limits for haddock for FY 2006. Also, because of the substantive 
nature of this emergency rule and the necessary shortened comment 
period on the proposed rule for this action, this rule is being 
implemented as an emergency interim action and seeks additional public 
comment. 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: Effective May 1, 2006, through October 10, 2006, or until 
superceded by another final rule, whichever occurs first. Additional 
comments on this emergency interim action must be received by May 15, 
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 Patricia A. Kurkul, Regional 
Administrator, National Marine Fisheries Service, One Blackburn Drive, 
Gloucester, MA 01930. The Final Regulatory Flexibility Analysis (FRFA) 
consists of the IRFA, public comments and responses, and the summary of 
impacts and alternatives contained in the Classification section of the 
preamble of this emergency interim final rule. Copies of the small 
entity compliance guide are available from the Regional Administrator 
at the above address. The EA/RIR/IRFA prepared for this action are also 
accessible via the Internet at http://www.nero.nmfs.gov.
    Comments regarding the burden-hour estimates or other aspects of 
the collection-of-information requirements contained in this emergency 
interim final 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

    This interim final rule implements emergency measures, authorized 
by section 305(c) of the Magnuson-Stevens Act, intended to immediately 
reduce F on specific groundfish stocks beginning May 1, 2006, in order 
to maintain the rebuilding program established under Amendment 13 to 
the FMP. A proposed rule requesting public comment on this emergency 
action filed with the Federal Register on February 24, 2006, and 
published on March 3, 2006 (71 FR 11060). Public comments were accepted 
through March 9, 2006, as clarified through a correction to the 
proposed rule (71 FR 12669; March 13, 2006). A full discussion of the 
background of this emergency action was presented in the preamble to 
the proposed rule for this emergency action and is not repeated here. 
In summary, Amendment 13 established a biennial adjustment process to 
review the fishery and implement any changes necessary to ensure that 
the fishery continues to meet the Amendment 13 rebuilding objectives, 
including meeting the F targets for each year of the rebuilding 
program. The Groundfish Plan Development Team (PDT) of the New England 
Fishery Management Council (Council) utilized the results of the latest 
stock assessment, the August 2005 Groundfish Assessment Review Meeting 
(GARM II), to calculate estimates of the 2005 calendar year F for all 
groundfish stocks. This analysis indicated that F2005 for 
particular groundfish stocks, (i.e., Gulf of Maine (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 Amendment 13 rebuilding program. As 
a result, F for these stocks must be reduced at the start of FY 2006 on 
May 1, 2006. The Council began the development of measures in FW 42 to 
the FMP that would achieve the necessary F reductions for FY 2006. 
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 May 1, 2006. Although at its January 31-February 2, 
2006, meeting the Council voted to adopt a suite of management measures 
under FW 42, it is not possible to implement these measures by May 1, 
2006.
    Therefore, pursuant to section 305(c) of the Magnuson-Stevens Act, 
this interim final rule implements measures

[[Page 19349]]

to immediately reduce F for specific groundfish stocks and prevent 
overfishing in the groundfish fishery for the start of FY 2006 on May 
1, 2006, until long-term management measures adopted by the Council in 
FW 42, if approved by NMFS, can be implemented. Justification of this 
emergency action for ecological, economic, and social reasons is 
contained in the preamble of the proposed rule for this action and is 
not repeated here.
    Although the management measures implemented by this emergency 
action do not, by themselves, achieve the full Amendment 13 F 
reductions for all groundfish stocks that require F reductions for FY 
2006, this action, in combination with measures adopted by the Council 
in FW 42, are intended to achieve the necessary Amendment 13 F 
objectives. To ensure that the groundfish fishery meets the Amendment 
13 rebuilding objectives, additional management measures through 
Secretarial action may be necessary during FY 2006, especially if FW 42 
is implemented later than anticipated.
    The primary objective of this emergency action is to put into place 
a suite of simple, interim management measures by the start of FY 2006 
that would immediately and substantially reduce F on several groundfish 
stocks most in need of F reductions to maintain the Amendment 13 
rebuilding program. Other objectives include: (1) Implementing 
management measures that are as fair and equitable to all vessels as 
possible, as well as easy to understand, implement, administer and 
enforce; (2) implementing measures that are similar to those adopted by 
the Council in FW 42, to the extent practicable, in order to minimize 
confusion and adjustment to those measures, if FW 42 is approved and 
implemented; and (3) minimizing the social and economic impacts of the 
emergency measures as much as practicable while still meeting the F 
reduction objectives.
    Because of the intense interest in this action and because the 
comment period for the proposed action was necessarily short, NMFS is 
implementing this as an emergency interim final rule and will accept 
public comment on the measures implemented by this action through May 
15, 2006.

Management Measures Implemented by This Emergency Interim Final Rule

    All measures in effect prior to May 1, 2006, and not amended by 
this emergency action, remain in effect. The current management 
measures include two default measures in Amendment 13 that were 
designed to go into place on May 1, 2006, unless certain conditions 
were met. One default measure for the revision of the allocation ratio 
of Category A:B DAS from 60:40 to 55:45, is not revised by this 
emergency action and will go into place on May 1, 2006. This measure, 
therefore, is not discussed specifically in the description of the 
measures implemented by this emergency action. However, the second 
default measure implemented by Amendment 13 (i.e., differential DAS 
counting at a rate of 1.5:1 throughout the SNE/MA Regulated Mesh Area 
(RMA)) is revised by this emergency action, as described further below, 
and the revised measures, not the Amendment 13 default measure, will go 
into place on May 1, 2006.
    A description of the management measures implemented by this 
emergency action follows.

1. Differential DAS Counting

    Measures adopted by the Council in FW 42 rely upon reduced trip 
limits for GB winter flounder, GB yellowtail flounder, and white hake, 
rather than differential DAS counting, to achieve the necessary F 
reductions for these species during FY 2006. In response to public 
comment/concerns and further analysis, in order to more closely mirror 
the measures adopted by the Council in FW 42 and to more effectively 
achieve OY in the fishery, the differential DAS counting measure 
specified in the proposed rule for this action is revised to remove 
differential DAS counting for vessels participating in the U.S./Canada 
Management Area on GB and replace that proposed measure with trip 
limits for GB winter flounder and white hake adopted by the Council in 
FW 42 (see measures 5 and 6 below). This revision will allow vessels to 
more readily target healthy groundfish stocks on GB without 
compromising the rebuilding efforts of overfished stocks, particularly 
CC/GOM and SNE/MA yellowtail flounder stocks just outside the U.S./
Canada Management Area along the South Channel. In addition to 
replacing the differential DAS counting measure on GB with trip limits 
for specific stocks needing F reductions for FY 2006, the Regional 
Administrator is able to exert additional controls that limit the F 
effects from potential redirected effort onto GB through the authority 
provided in the current regulations at Sec.  648.85(a)(3)(iv) to modify 
access to the U.S./Canada Management Area, as well as trip limits for 
GB cod, GB haddock, and GB yellowtail flounder. This management 
strategy is consistent with the approach taken to restrict 
participation in the Regular B DAS Program to the U.S./Canada 
Management Area, as described in the proposed rule for this action.
    Therefore, under this 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, will be charged at a rate 
of 1.4:1, unless the vessel is participating in the U.S./Canada 
Management Area. Any Category A DAS used by a groundfish vessel that 
declares its intent to fish, and fishes, exclusively within in the 
U.S./Canada Management Area will be charged at a rate of 1:1. A vessel 
fishing both inside and outside of the U.S./Canada Management Area on 
the same trip must abide by the more restrictive regulations in either 
area. With respect to DAS, this means that any vessel that declares its 
intent to fish some or all of its trip, or fishes some or all of its 
trip other than for transiting purposes, inside and outside of either 
the Eastern or the Western U.S./Canada Area on the same trip will be 
charged Category A DAS at the rate of 1.4:1 for the entire trip, 
whether or not the vessel actually harvests fish from outside of the 
U.S./Canada Management Area. A vessel intending to fish, or fishing, 
within the Eastern U.S./Canada Area that also elects to fish within the 
Western U.S./Canada Area on the same trip must declare its intent to do 
so via VMS and will be charged Category A DAS at a rate of 1:1 for the 
entire trip (see measure 11 for further details). A vessel intending to 
fish, or fishing both inside and outside of the Western or Eastern 
U.S./Canada Areas must declare its intent to do so via VMS prior to 
leaving the dock and/or prior to leaving the Eastern U.S./Canada Area, 
respectively, and will be charged NE multispecies Category A DAS at a 
rate of 1.4:1 for the entire trip. For example, a groundfish trawl 
vessel fishing exclusively in the GOM on a 5-day (120-hr) trip would be 
charged for 7 DAS (168 hr) (120 hr x 1.4) of DAS use. A groundfish 
trawl vessel fishing exclusively in the Western U.S./Canada Area on a 
5-day (120-hr) trip would be charged for 5 days (120 hr) of DAS use. A 
groundfish trawl vessel that steams to and fishes both inside and 
outside of the Western U.S./Canada Area on a 5-day (120-hr) trip would 
be charged for 7 days (168 hr) (120 hr x 1.4) of DAS use. A groundfish 
trawl vessel fishing in the Eastern U.S./Canada Area that elects to 
fish in the Western U.S./Canada Area on the same trip of 5 days (120 
hr) would be charged for 5 days (120 hr) of DAS use. For further 
examples of the impact of fishing inside and outside of the

[[Page 19350]]

Eastern U.S./Canada Area, refer to the description of measure 11, 
Eastern U.S./Canada Area Flexibility.
    Day gillnet vessels not participating in the U.S./Canada Management 
Area will 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 outside of the U.S./Canada Management Area 
of between 3 and 11 hours duration, vessels will be charged 15 hours. A 
Day gillnet vessel fishing inside of the U.S./Canada Management Area 
will be charged DAS at a rate of 1:1 for the actual hours used for any 
trip of 0-3 hours in duration, and for any trip of greater than 15 
hours. For Day gillnet trips inside the U.S./Canada Management Area of 
between 3 and 15 hours duration, vessels will be charged 15 hours. A 
Day gillnet vessel fishing in the GOM or the Western U.S./Canada Area 
for 10 hours would be charged for 15 hours of DAS use; a Day gillnet 
vessel fishing in the GOM for 10 hours would be charged for 14 hours of 
DAS use (10 hours x 1.4). A Day gillnet vessel fishing exclusively 
within the Western U.S./Canada Area for 20 hours would be charged for 
20 hours of DAS use.
    A vessel issued a limited access monkfish Category C, D, F, G, or H 
permit and fishing under a monkfish DAS will have its NE multispecies 
DAS charged at a rate of 1.4:1 when fishing outside of the U.S./Canada 
Management Area on any trip or portion of a trip, but its monkfish DAS 
will continue to be charged at a rate of 1:1, regardless of area 
fished. Because differential DAS counting of NE multispecies DAS could 
result in a net allocation of NE multispecies Category A DAS that is 
less than the number of monkfish DAS allocated, a Category C, D, F, G, 
or H monkfish vessel may 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. The number of 
monkfish-only DAS that may be used by a vessel is equal to the 
difference between the number of its net monkfish DAS allocation and 
the number of its net NE multispecies Category A DAS allocation. See 
Sec.  648.92(b)(2)(iv) for definitions of net monkfish DAS and net NE 
multispecies Category A DAS. For any vessel that fishes any of its 
allocated NE multispecies Category A DAS outside of the U.S./Canada 
Management Area and is, therefore, subject to differential counting of 
NE multispecies DAS at a rate of 1.4:1, the number of monkfish-only DAS 
that may be used by that vessel is increased by 0.286 DAS for every NE 
multispecies DAS charged when fishing in the differential DAS area to 
adjust for differential DAS counting of NE multispecies DAS. This 
adjustment factor is equal to the rate at which monkfish-only DAS 
increase for each additional NE multispecies Category A DAS charged 
when fishing outside of the U.S./Canada Management Area at a rate of 
1.4:1, using the formula: Monkfish-only DAS = Net Monkfish DAS 
Allocation-(Net Groundfish DAS Allocation / 1.4). This adjustment is 
necessary to ensure that a monkfish Category C and D vessel is able to 
use its full allocation of monkfish DAS despite differential DAS 
counting of NE multispecies DAS. For example, if a vessel has an annual 
allocation of 40 monkfish DAS and 30 NE multispecies DAS, the vessel 
has an annual allocation of 10 monkfish-only DAS. If this vessel uses 2 
NE multispecies DAS outside of the U.S./Canada Management Area, the 
vessel is actually charged 2.8 NE multispecies DAS (2 DAS x 1.4), and 
its monkfish-only DAS are adjusted upwards by 0.57 DAS (2 DAS x 0.286). 
If this same vessel fishes exclusively within the U.S./Canada 
Management Area, the vessel would not be allocated any additional 
monkfish-only DAS and would be allowed to use only 10 monkfish-only 
DAS. All groundfish DAS must be used before a vessel can use any 
available monkfish-only DAS.
    The proposed rule for this emergency action inadvertently failed to 
specify how differential DAS counting would affect the current cod 
running-clock requirement. The current cod running-clock requirements 
at Sec.  648.86(b)(1)(ii) and (b)(2)(ii) mandate that any vessel that 
has been called into only part of an additional 24-hour DAS block, and 
possesses an additional day's worth of cod on board must keep its DAS 
clock running until the appropriate amount of time has elapsed. This 
measure was intended to ensure that the proper number of DAS were 
charged for the amount of cod landed. For example, a vessel that fishes 
in the GOM for 25 hours and lands 1,200 lb (544 kg) of cod (2 DAS of 
cod), would have been required to keep its DAS clock running until 48 
hours had elapsed to cover the amount of cod landed. Under this 
emergency action, the cod running-clock provision is revised to account 
for differential DAS counting. Vessels fishing any part of a NE 
multispecies DAS trip in an area requiring differential DAS counting 
and that are using a vessel monitoring system (VMS) must declare that 
they have caught an additional day's worth of cod via VMS. Vessels 
fishing any part of a NE multispecies DAS trip in an area requiring 
differential DAS counting and that are not required to use VMS must 
call out of the DAS program upon landing and declare that they have 
caught an additional day's worth of cod via the Interactive Voice 
Response (IVR), or call-in system. Any trip of between 24-34 hours in 
duration will be charged 48 hours of DAS use because any trip of 
between 24-34 actual hours in duration, when charged at a rate of 
1.4:1, calculates to less than the minimum of 48 hours of DAS use 
required to fully account for the amount of cod caught. For example, a 
trip that fished for 25 hours in the GOM could land up to 1,200 lb (544 
kg) of GOM cod (2 day's worth), but would be charged 48 hours. This 
same trip, if charged at a rate of 1.4:1, would only be charged for 35 
hours. Any trip greater than 34 hours would be charged at a rate of 
1.4:1 for the entire trip. For example, a vessel that fished for 35 
hours in the GOM could land up to 1,200 lb (544 kg) of GOM cod, but 
would be charged 49 hours (35 hours x 1.4 = 49 hours). Similarly, 
vessels fishing exclusively in the U.S./Canada Management Area under a 
Category A DAS for the entire trip will be required to declare that 
they have caught an additional day's worth of cod via VMS and will be 
charged additional DAS, rounded to the next whole DAS, at a rate of 
1:1. For example, a vessel that fishes for 25 hours in the Western 
U.S./Canada Area could land up to 2,000 lb (907 kg) of GB cod (2 days' 
worth), but would be charged 48 hours. This strategy ensures that the 
original intent of the cod running-clock provision (i.e., that vessels 
could land an additional day's worth of cod, provided they are charged 
up to an additional 24 hours of DAS use) is maintained, without 
compromising the conservation objectives of the differential DAS 
counting measure.

2. GOM Cod Trip Limit

    For vessels operating under a NE multispecies DAS, the possession 
limit of GOM cod is reduced 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 is reduced to 250 lb (113 kg) per trip. The GOM cod trip limit 
for vessels operating under the open access Handgear B provisions is 
maintained at 75 lb (34 kg) per trip.

3. GB Yellowtail Flounder Trip Limit

    The GB yellowtail flounder trip limit is reduced to 10,000 lb 
(4,536 kg) per trip. The Regional Administrator may increase or 
decrease the GB yellowtail

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flounder trip limit to ensure that the GB yellowtail flounder total 
allowable catch (TAC) in the U.S./Canada Management Area is not under- 
or overharvested during FY 2006, pursuant to the authority provided in 
the existing regulations.

4. CC/GOM and SNE/MA Yellowtail Flounder Trip Limit

    The CC/GOM and SNE/MA yellowtail flounder trip limits are revised 
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.

5. GB Winter Flounder Trip Limit

    Partially in response to public comment/concerns, the proposed 
emergency action was revised to include a trip limit for GB winter 
flounder of 5,000 lb (2,268 kg) per trip. This trip limit will serve as 
the primary means to achieve the necessary F reduction for this stock 
for FY 2006, rather than the differential DAS counting measure on GB in 
the proposed rule for this action.

6. White Hake Trip Limit

    Similar to the trip limit for GB winter flounder, partially in 
response to public comment/concerns, the proposed emergency action was 
revised to include a trip limit for white hake of 1,000 lb (454 kg) per 
DAS, up to 10,000 lb (4,536 kg) per trip. This trip limit would serve 
as the primary means to achieve the necessary F reduction for this 
stock for FY 2006, rather than the differential DAS counting measure on 
GB in the proposed rule for this action.

7. Modified Regular B DAS Program

    The Regular B DAS Pilot Program was originally implemented by the 
FW 40A final rule (69 FR 67780; November 19, 2004), and was intended to 
provide opportunities to use Regular B DAS outside of a special access 
program (SAP) (and outside of closed areas) to target stocks that can 
withstand additional fishing effort. This emergency action continues a 
modified Regular B DAS Program that allows eligible vessels to target 
healthy groundfish stocks (primarily GB haddock) under a NE 
multispecies Regular B DAS without compromising the objectives of this 
emergency action. Because stocks in the GOM and SNE RMAs require 
substantial F reductions for FY 2006, participation in the Regular B 
DAS Program is restricted to the U.S./Canada Management Area on GB. A 
vessel participating in the Regular B DAS Program trip may fish under a 
NE multispecies Regular B DAS in the Eastern U.S./Canada Area and/or 
the Western U.S./Canada Area on the same trip, but may not fish in an 
approved SAP, in a closed area, or outside of the U.S./Canada 
Management Areas on the same trip.
    All vessels issued a limited access NE multispecies permit and 
allocated Regular B DAS are eligible to participate in this program. To 
reduce F on monkfish resulting from the use of Regular B DAS, 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 may still participate in the Regular B DAS Program, but 
they are required to fish under a NE multispecies DAS only and are 
subject to the incidental catch limits for monkfish when fishing under 
a NE multispecies Regular B DAS.
    In order to limit the potential biological 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). Only trips that were completed 
under a NE multispecies Regular B DAS (i.e., trips that were not 
flipped to a Category A DAS) are counted towards the quarterly Regular 
B DAS limit. NMFS will 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 does not 
serve to reserve a vessel's right to fish under a Regular B DAS. Once 
the maximum number of Regular B DAS are used in a quarter, the Regular 
B DAS Program will end for that quarter. These DAS are not allocated to 
individual vessels, but are used by participating vessels on a first-
come, first-served basis. Regular B DAS used under this program 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 must be equipped with an 
approved and operational VMS. The vessel owner or operator must notify 
the NMFS Observer Program at least 72 hours in advance of a trip in 
order to facilitate observer coverage. This notice must provide 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 must notify NMFS via VMS that the vessel intends to 
participate in the Regular B DAS Program. Vessels fishing in the 
Regular B DAS Program are required to report their catches of 
groundfish stocks of concern (i.e., cod, yellowtail flounder, winter 
flounder, American plaice, white hake, witch flounder) 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, are not subject to this 
reporting requirement.
    Vessels fishing in this program are prohibited from discarding 
legal-sized regulated groundfish, and will be limited to landing no 
more than 100 lb (45.4 kg) of each groundfish species of concern (cod, 
American plaice, white hake, winter flounder, witch flounder, and 
yellowtail flounder) per DAS, unless further restricted (see below). 
Vessels fishing with trawl gear must use a haddock separator trawl when 
participating in this program. For vessels fishing with trawl gear, 
possession of flounders (all species, combined); monkfish (whole 
weight), unless otherwise specified below; and skates is limited to 500 
lb (227 kg) each, and possession of lobsters is 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, G and H monkfish vessels participating in this 
program are restricted by the monkfish incidental catch limits. In the 
Northern Fishery Management Area specified under the monkfish FMP, the 
limit is 400 lb (181 kg) tail weight per NE multispecies DAS, or 50 
percent of the total weight of fish on board, whichever is less. In the 
Southern Fishery Management Area specified under the monkfish FMP, the 
incidental catch limit is 50 lb (23 kg) tail weight per NE multispecies 
DAS. Discarding of legal-sized monkfish is 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 must retain the excess catch, and 
notify NMFS via VMS in order to change its DAS category from a Regular 
B DAS to a Category A DAS (``DAS flip'') prior to crossing the VMS 
demarcation line on its return trip to port. If a vessel flips from a 
Regular B DAS to a Category A

[[Page 19352]]

DAS, it will be charged Category A DAS at a rate of 1.4:1 for the 
entire trip if fishing any part of its trip outside of the U.S./Canada 
Management Area, or 1:1 if fishing exclusively within the U.S./Canada 
Management Area for the entire trip; will 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); and may discard species to 
maintain compliance with possession and landing restrictions outside of 
the Regular B DAS Program.
    In order to ensure that a vessel always has 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), in the case of a vessel that fishes all of its DAS outside of 
the U.S./Canada Management Area, the number of Regular B DAS that may 
be used on a trip is 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. 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 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 is set for groundfish stocks 
of concern for each program allowing the use of Category B DAS (Regular 
or Reserve). This action adds GB winter flounder and GB yellowtail 
flounder to the list of groundfish stocks of concern, based on the 
results of GARM II, and allocates a portion of the incidental TAC to 
the Regular B DAS Program, as specified in further detail below. The 
Regular B DAS Program quarterly incidental catch TACs are divided to 
correspond to the allocation of Regular B DAS among quarters, such that 
the 1st quarter (May-July) receives 13 percent of the incidental TACs, 
and the remaining quarters (August-October, November-January, and 
February-April) will each receive 29 percent of the incidental TACs. 
The specific TACs specified for this program has been proposed by a 
concurrent agency action, which published in the Federal Register on 
March 13, 2006 (71 FR 12665). 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 U.S./Canada Management Area are 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 Regional Administrator has 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.

8. 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 proposes to modify the number of incidental catch TACs, as well 
as the size and allocation of such incidental catch TACs. FW 42 
proposes the creation of two new stocks of concern (GB yellowtail 
flounder and GB winter flounder) and the specification of incidental 
catch TACs for these two species, as well as the modification of the 
size of the incidental catch TACs with respect to the target TACs from 
which they are calculated (see Table 1). These incidental catch TACs 
limit the impact of the use of Category B DAS on stocks of concern.
    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 is 
implemented through this action (see Table 2) on an interim basis. 
Although this action does not impact many stocks of concern, in order 
to simplify the process of TAC specification for FY 2006, 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. This action does not specify values 
for TACs for FY 2006. A separate action will specify all TACs for the 
FMP for FY 2006 (Incidental Catch TACs, Target TACs, and U.S./Canada 
Management Area TACs for GB), as proposed in the Federal Register on 
March 13, 2006 (71 FR 12665).

              Table 1.--Definition of Incidental Catch TACs
------------------------------------------------------------------------
                                                              Percentage
                           Stock                               of total
                                                              target TAC
------------------------------------------------------------------------
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 will 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 2:

   Table 2.--Distribution of Incidental Catch TACs for Category B DAS
                                Programs
------------------------------------------------------------------------
                                    Regular B   Closed area    Eastern
                                       DAS      I hook gear  U.S./Canada
        Stocks of concern            program    haddock SAP  haddock SAP
                                    (percent)     (percent)    (percent)
------------------------------------------------------------------------
GB cod...........................           50           16           34
GB yellowtail flounder...........          100           NA           NA
GB winter flounder...............          100           NA           NA
Witch flounder...................          100           NA           NA
American plaice..................           50           NA           50
White hake.......................           50           NA           50
------------------------------------------------------------------------


[[Page 19353]]

9. DAS Leasing Program

    The DAS Leasing Program was implemented by Amendment 13 to help 
mitigate the economic and social impacts of effort reductions in the 
fishery, and will expire on April 30, 2006. This action continues the 
DAS Leasing Program, without change, to help mitigate the economic and 
social impacts resulting from the current FMP regulations that strictly 
limit fishing effort.

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

    This emergency action delays the opening of the Eastern U.S./Canada 
Haddock SAP Pilot Program from May 1 until August 1 and allocates a 
portion of the GB yellowtail flounder and GB winter flounder incidental 
catch TAC to the Eastern U.S./Canada Haddock SAP Pilot Program (see 
Table 2). Once any of these incidental catch TACs is caught, the use of 
Category B (Regular or Reserve) DAS in this SAP are prohibited. As 
explained above, the value of these new incidental catch TACs are being 
proposed through a concurrent agency action for implementation by May 
1, 2006. Finally, possession of flounders (all species, combined); 
monkfish (whole weight); and skates is limited to 500 lb (227 kg) each, 
and possession of lobsters is prohibited to ensure the proper 
utilization of the haddock separator trawl in this SAP.

11. Eastern U.S./Canada Area Flexibility

    This emergency action allows 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 either 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 and DAS charge for the areas 
fished. A vessel electing to fish inside and outside of the Eastern 
U.S./Canada Area is charged Category A DAS at a rate of 1:1 for the 
entire trip, if fishing only within the Eastern and Western U.S./Canada 
Area; or at a rate of 1.4:1 for the entire trip, if the vessel fishes 
outside of the U.S./Canada Management Area at any time during the trip; 
and the vessel will not receive any steaming time credit. In addition, 
all cod and haddock caught on the entire trip is applied against the 
Eastern U.S./Canada Area TACs for these species; all yellowtail 
flounder caught is applied to the overall U.S./Canada Management Area 
TAC for this species. For example, if a vessel elects to fish inside of 
the Eastern U.S./Canada Area and in the GOM on the same trip, the 
vessel would be charged Category A DAS at a rate of 1.4:1 for the 
entire trip (i.e., dock to dock) and would have to abide by the more 
restrictive trip limits for CC/GOM yellowtail flounder (i.e., 500 lb 
(227 kg) per DAS, up to 2,000 lb (907 kg) per trip) and GB cod in the 
Eastern U.S./Canada Area (i.e., 500 lb (227 kg) per DAS, up to 5,000 lb 
(2,268 kg) per trip). Conversely, if a vessel elects to fish inside of 
the Eastern and Western U.S./Canada Area for the entire trip, the 
vessel would be charged Category A DAS at a rate of 1:1 for the entire 
trip (i.e., dock to dock) and would have to abide by the more 
restrictive trip limits for GB cod in the Eastern U.S./Canada Area 
(i.e., 500 lb (227 kg) per DAS, up to 5,000 lb (2,268 kg) per trip). 
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 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.

12. Recreational Restrictions

    Private recreational vessels and vessels fishing under the charter/
party regulations of the FMP are 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 is increased from 22 inches (56 cm) to 24 
inches (61 cm) for the duration of this emergency action. Private 
recreational and charter/party vessels are 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.

13. Removal of the Haddock Trip Limits

    FW 33 to the FMP, which became effective May 1, 2000 (65 FR 21658), 
implemented the current haddock trip limit regulations at Sec.  
648.86(a). To ensure that haddock landings do not exceed the target 
TAC, FW 33 established a haddock trip limit of 3,000 lb (1,360.8 kg) 
per NE multispecies DAS and a maximum trip limit of 30,000 lb (13,608 
kg) of haddock for the period May 1 through September 30; and 5,000 lb 
(2,268 kg) of haddock per DAS and 50,000 lb (22,680 kg) per trip from 
October 1 through April 30. To prevent the underharvest of the haddock 
TACs, the regulations at Sec.  648.86(a)(1)(iii)(B) specify that, if 
the Regional Administrator projects that less than 75 percent of the 
haddock target TAC will be harvested in the fishing year, the trip 
limit may be adjusted or eliminated through publication of a notice in 
the Federal Register.
    For FY 2006, the proposed U.S. portion of the target TAC for 
haddock (GB and GOM combined) is 36,588 metric tons (mt) (March 13, 
2006; 71 FR 12665). Based on recent historical fishing practices and 
preliminary landings data, it is projected that less than 75 percent of 
the haddock target TAC for FY 2006 (27,441 mt) will be harvested by 
April 30, 2007, under the restrictive daily possession and trip limits. 
Furthermore, this projection indicates that eliminating the daily and 
maximum trip limits for haddock would not likely precipitate haddock 
landings reaching the U.S. portion of the Eastern U.S./Canada Area 
haddock TAC of 7,480 mt. Therefore, the Regional Administrator has 
determined that eliminating the 3,000-lb (1,360.8-kg) and 5,000-lb 
(2,268-kg) daily haddock possession limits, as well as the maximum trip 
limits of 30,000-lb (13,608-kg) and 50,000-lb (22,680-kg) for May 1 
through September 30, 2005, and October 1, 2005, through April 30, 
2006, respectively, will increase the likelihood that at least 75 
percent of the target TAC will be harvested for FY 2006. The removal of 
the daily and maximum trip limits for haddock for FY 2006 through this 
emergency interim rule would provide additional sources of fishing 
revenue and regulatory relief to help mitigate some of the adverse 
economic impacts of continued effort reductions necessary in this 
emergency action. In order to prevent the TAC from being exceeded, the 
Regional Administrator will continue to monitor haddock landings and 
adjust the trip limit through publication of a notification in the 
Federal Register, pursuant to Sec.  648.86(a)(1)(iii), if necessary.

[[Page 19354]]

Comments and Responses

    Forty-five comments were received during the comment period for the 
proposed rule for this action, including three from groups representing 
the fishing industry, two from groups representing conservation 
interests, five from elected officials, and one from the State of Maine 
Division of Marine Fisheries (State of Maine). Three comments were 
received after the comment period had closed (i.e., after March 3, 
2006) and were not considered. In addition, several commenters 
expressed concerns that were not relevant to the proposed action. Since 
these concerns were not directed at the proposed measures or other 
aspects of this emergency action, NMFS is not responding to these 
particular concerns in this preamble.

Differential DAS Counting

    Comment 1: Twenty commenters indicated that the proposed action's 
broad approach to reducing F on all groundfish stocks through the use 
of differential DAS counting in all areas is inappropriate, especially 
considering that the catches of healthy stocks would also be reduced. 
These commenters stated that a targeted regional approach to reduce F 
would better address excessive F on some stocks without unnecessarily 
reducing F on healthy stocks.
    Response: NMFS agrees that differential DAS counting on GB may 
unnecessarily reduce the ability to achieve OY from healthy groundfish 
stocks on GB. After further consideration, NMFS concludes that a more 
targeted approach is likely to reduce F on specific GB stocks without 
reducing the catch of healthy groundfish stocks. As discussed in 
further detail in the response to Comment 7, NMFS has decided to 
implement the proposed FW 42 trip limits for GB winter flounder and 
white hake (i.e., 5,000 lb (2,268 kg) per trip and 1,000 lb (454 kg) 
per DAS, up to 10,000 lb (4,536 kg) per trip, respectively) and 
eliminate the differential DAS counting measure for vessels fishing 
under a NE multispecies DAS in the U.S./Canada Management Area under 
this emergency action. The management measures currently specified for 
the U.S./Canada Management Areas provide additional assurance that any 
potential redirected effort onto GB would not increase F on other 
overfished stocks such as GB cod and GB yellowtail flounder. 
Specifically, the current regulations require all vessels participating 
in the U.S./Canada Management Area to use VMS and submit daily catch 
reports for GB cod, GB haddock, and GB yellowtail flounder. These 
stocks are managed by hard TACs (i.e., the fishery is closed if the TAC 
is reached) on all or portions of these stocks within the U.S./Canada 
Management Area. Through VMS and daily catch reports, vessel activity 
and groundfish catch within the U.S./Canada Management Area can be 
effectively monitored. In addition, the U.S./Canada Management Area 
regulations provide the Regional Administrator with the authority to 
modify trip limits and access to the U.S./Canada Management Area to 
control effort in this area and to ensure that the TACs for cod, 
haddock, and yellowtail are not exceeded during the fishing year. Thus, 
this revision would allow vessels to achieve OY from healthy groundfish 
stocks from this area, while providing assurances that redirected 
effort onto GB would not result in excessive F for other groundfish 
stocks. In combination with the subsequent management measures proposed 
in FW 42, this emergency action will likely achieve all of the 
necessary F reductions for FY 2006, resulting in F rates that are 
consistent with the requirements of the Amendment 13 rebuilding 
schedule, without unnecessarily sacrificing yield from healthy 
groundfish stocks.
    However, differential DAS counting is appropriate in the GOM and 
SNE/MA RMAs. As specified above, results of the most recent biennial 
adjustment process indicated that F on two groundfish stocks in both 
the GOM (cod and yellowtail flounder) and SNE/MA (yellowtail flounder 
and winter flounder) RMAs exceed the 2006 F targets specified in 
Amendment 13 and require substantial F reductions. Because the 
groundfish fishery is characterized as a commingled fishery, with many 
species concentrated in mixed assemblages, it is difficult to target 
management measures that affect one stock without also affecting other 
stocks. Therefore, the proposed emergency measures were developed over 
a broad geographic scale in order to ensure that stocks that need F 
reduction are adequately protected. Although these stocks are found in 
higher concentrations in somewhat localized areas, due to concerns over 
bycatch and discards, it is important that management measures protect 
these stocks throughout their entire range. In addition, the stocks in 
the GOM and SNE/MA RMAs, particularly the yellowtail flounder stocks, 
are severely overfished and require the greatest F reductions to 
maintain consistency with the Amendment 13 rebuilding programs. 
Spawning stock biomass for both stocks continue to decline and F for 
SNE/MA yellowtail flounder continues to increase. Protecting these 
stocks throughout their entire range would be consistent with the 
National Standard 1 guidelines at Sec.  600.310(f)(5), and would 
decrease the likelihood that these stocks would meet the Amendment 13 F 
objectives. Therefore, differential DAS counting for vessels fishing 
outside of the U.S./Canada Management Area, including throughout the 
entire GOM and SNE/MA RMAs, is implemented by this emergency interim 
rule.
    Comment 2: Several commenters suggested that NMFS should implement 
management measures that specifically target those vessels that 
contributed the most to the high F's observed by the most recent stock 
assessment, and contend it would be unfair for all vessels, even those 
who did not target the overfished stocks, to bear the burden of 
additional restrictions. Ten commenters, including three industry 
groups and the State of Maine, asserted that the proposed differential 
DAS counting does not address the underlying problems causing the 
excessive F on some stocks, as an inshore fishery directing on GOM cod 
is maintained.
    Response: All vessels that caught groundfish species, particularly 
GOM cod or CC/GOM and SNE/MA yellowtail flounder, contributed to the 
excessive F's observed in the recent stock assessment. The measures 
implemented by this emergency action treat the fishery as a whole and 
apply the necessary effort reductions in a fair and equitable manner to 
all fishery participants, consistent with National Standard 4 
guidelines. This is consistent with the approach taken by NMFS in 
previous groundfish actions. The proposed measures are intended as a 
temporary stop-gap measure necessary only to immediately reduce F until 
long-term measures proposed in FW 42 can be implemented. During the 
development of FW 42, the Council considered several mechanisms to more 
specifically target the causes of excessive F in the groundfish 
fishery, including a 24-hour minimum DAS charge (Alternative 4) and an 
individual quota system (i.e., ``the industry proposal''). The Council 
ultimately chose not to pursue such targeted management strategies, 
electing to adopt a broader strategy through differential DAS counting 
instead. FW 42 relies upon a mandatory VMS requirement for all vessels 
fishing on a NE multispecies DAS and other measures to more directly 
address F on specific

[[Page 19355]]

groundfish stocks by implementing area-specific differential DAS 
counting measures. Given the limited time available to develop, review, 
and implement the management measures under this emergency action, it 
was not possible to implement area-specific differential DAS counting 
measures identical to those in FW 42 in time for the required May 1, 
2006, implementation date. The FW 42 measures were not adopted by the 
Council until after the analysis for this emergency action was 
completed and because other regulatory requirements necessary to 
implement the area-specific measures in FW 42 would delay 
implementation of this action beyond May 1, 2006. Both the differential 
DAS counting strategies in this emergency action and those adopted by 
the Council in FW 42 maintain an inshore fishery for GOM cod to some 
degree. However, both actions attempt to minimize incentives to 
specifically target GOM cod. This emergency action utilizes 
differential DAS counting at a rate of 1.4:1 in the GOM, in combination 
with low trip limits for GOM cod, to minimize incentives to target GOM 
cod, while FW 42 relies upon a higher trip limit and differential DAS 
counting rate of 2:1 in a more confined area of the GOM. This emergency 
action takes the same basic approach toward achieving the necessary F 
reductions as FW 42, but applies the measures in a slightly different 
manner throughout the entire range of the GOM and SNE/MA groundfish 
stocks. Differential DAS counting for all Category A DAS used outside 
of the U.S./Canada Management Area, along with the trip limits 
implemented by this action, are designed to achieve the necessary F 
reductions for GOM cod, GB winter flounder, SNE/MA winter flounder, 
SNE/MA yellowtail flounder, and white hake, and will substantially 
reduce F on CC/GOM yellowtail flounder in FY 2006. This action, as 
implemented through this emergency interim rule, more closely resembles 
measures adopted under FW 42 than did the proposed measures, in that 
differential DAS counting will not apply to any Category A DAS used in 
the U.S./Canada Management Area on GB. This will provide the fishery 
more opportunity to achieve OY from healthy groundfish stocks while 
providing assurances that any redirected effort onto GB will not 
jeopardize the rebuilding of overfished stocks such as GB cod and GB 
yellowtail flounder, consistent with the requirements of National 
Standard 1.
    Comment 3: One industry group suggested that the differential DAS 
counting measure, as proposed (i.e., differential DAS counting in all 
areas) would encourage effort to shift to other areas. One 
environmental group disagreed, stating that the proposed management 
measures would prevent the redirection of effort.
    Response: NMFS asserts that the management measures contained in 
the proposed rule for this action (i.e., differential DAS counting in 
all areas) would have prevented the redirection of effort into other 
areas. While the measures originally proposed would have prevented 
overfishing and eliminated incentives to redirect effort into other 
areas, based on more recent analyses, NMFS has concluded that those 
measures would have unnecessarily reduced the catch of healthy 
groundfish stocks which may have hampered achieving OY from the 
fishery. Consistent with National Standard 1, NMFS has revised the 
proposed differential DAS counting measures to more effectively prevent 
overfishing and achieve OY in the fishery, while limiting the impacts 
of potential redirected effort. As described in further detail in the 
response to Comment 7, NMFS has eliminated differential DAS counting 
for vessels fishing in the U.S./Canada Management Areas on GB. Analysis 
of the impacts of this revision indicate that this action would achieve 
the necessary F reductions for several groundfish stocks. While more GB 
cod would be caught under this interim action than under the original 
proposed measures, F on GB cod is still reduced. GB cod mortality is 
consistent with the Amendment 13 F targets for FY 2006; thus, the 
Amendment 13 rebuilding trajectory is maintained. In addition, the 
potential of redirected effort onto GB due to this revision of the 
proposed action is mitigated by the current management restrictions of 
the U.S./Canada Management Area. These restrictions facilitate the 
effective monitoring of any additional effort by requiring vessels to 
use a VMS and submit daily catch reports. In addition, the Regional 
Administrator is authorized to modify trip limits and access to the 
U.S./Canada Management Area in order to ensure that the U.S./Canada 
Management Area TACs for GB cod, GB haddock, and GB yellowtail flounder 
are not exceeded during the fishing year. These provisions help ensure 
that the impacts of any redirected effort onto GB are accounted for and 
are limited. Any impacts resulting from the redirection of effort into 
other programs such as the approved SAPs or the Regular B DAS Program 
is also limited by the regulations governing those individual programs 
and does not compromise the rebuilding objectives of this action or the 
fishery.
    Comment 4: Nineteen commenters were concerned that counting DAS 
used at a rate of 1.4:1 in the entire GOM rather than for just a 
portion of the GOM will increase incentives to fish inshore on GOM cod, 
suggesting that the proposed action increases F on GOM cod, rather than 
reducing it. These commenters assert that vessels will fish closer to 
shore because of the high DAS cost to fish offshore. Further, they 
contend that vessels will take advantage of the reduced differential 
DAS counting rate in the inshore GOM during the emergency action, 
compared to the higher rate proposed under FW 42 (i.e., 2:1), to 
maximize earnings during the summer months when fish are available and 
prices are high. Finally, one commenter claimed that the proposed 
differential DAS counting throughout the GOM violates National Standard 
1 of the Magnuson-Stevens Act.
    Response: The proposed differential DAS counting measure, in 
conjunction with the reduced trip limit for GOM cod (i.e., 600 lb (272 
kg) per DAS, up to 4,000 lb (1,814 kg) per trip), is intended to 
minimize incentives to target GOM cod without subsequently increasing 
discards or discard F. As explained further in Comment 16 below, some 
commenters, including the State of Maine, supported reducing the GOM 
cod trip limit to 400 lb/DAS if it would further reduce incentives to 
target GOM cod. While NMFS agrees that a reduced trip limit, in 
conjunction with differential DAS counting, will reduce incentives to 
target GOM cod, a lower trip limit than that proposed would likely 
result in excessive discards and discard F. As described in the 
Amendment 13 discussion of bycatch (Section 5.2.8 of the Amendment 13 
Environmental Impact Statement), it is projected that fishermen with 
limited DAS available to fish, whether from reductions in allocations 
or differential DAS counting, would attempt to maximize their return on 
every trip and would attempt to convert any discards into landings. 
Effort reductions such as differential DAS counting proposed in this 
emergency action, in conjunction with the proposed trip limits, should 
decrease incentives to target GOM cod, as decreasing the available 
Category A DAS and reducing the GOM cod trip limit under this action 
will make trips less profitable and will decrease incentives for 
targeting cod.

[[Page 19356]]

    NMFS acknowledges that the reduced differential DAS counting rate 
applied throughout the entire GOM as proposed may seem to provide 
incentives for offshore vessels to target inshore GOM cod. However, for 
the reasons stated above, NMFS contends that such incentives are 
minimized due to the reduced GOM cod trip limit. In addition, over the 
past 5 years, prices for cod in Boston during the months this action is 
likely to be in effect (i.e., May through July) are the lowest of the 
year. Further, it is likely that inshore vessels will fish more of 
their allocated DAS under this emergency action due to the reduced 
differential DAS counting rate. In doing so, prices for GOM cod could 
possibly decrease further during the summer months than previously 
observed, further decreasing the profitability of targeting inshore GOM 
cod. Also, fishing a majority of allocated DAS at the beginning of the 
fishing year would minimize the potential to earn a steady income from 
groundfish throughout the year, as a vessel would have fewer DAS to 
fish for the remainder of the year. This would also limit a vessel's 
ability to capitalize on the historically higher prices offered for cod 
during the late fall through early spring months. As a result, there 
are fewer incentives for vessels to fish inshore on GOM cod under this 
emergency action. Furthermore, based on historical fishing practices, 
few trips were taken in the offshore GOM between May and July. During 
FY 2005, trips taken outside of the inshore GOM area proposed in FW 42 
between May and July accounted for less than 5 percent of the trips 
taken in the GOM during FY 2005 to date. Because vessels that 
historically fish in the offshore portion of the GOM do not take many 
trips in this area between May and July, and because they would be 
charged DAS at a higher rate during this time, there are few incentives 
to increase fishing trips in the GOM during these months. Waiting to 
fish under the measures proposed in FW 42 (i.e., no differential DAS 
counting in the offshore portion of the GOM) would allow these vessels 
to maximize the value of their DAS allocation. Finally, because this 
emergency action charges vessels participating in the U.S./Canada 
Management Area at a rate of 1:1 instead of the differential DAS 
counting rate of 1.4:1, there are actually incentives to fish outside 
of the GOM and within the U.S./Canada Management Area. Therefore, based 
on past fishing practices, historical market conditions, 1:1 DAS 
counting within the U.S./Canada Management Area, and the potential 
incentives to wait until FW 42 is implemented, it is unlikely that 
offshore vessels would have sufficient incentive to change their 
previous fishing behavior to target inshore GOM cod under this 
emergency action.
    Some commenters have suggested that vessels will wait to fish under 
the proposed FW 42 measures, while others contend that vessels will 
increase effort under the proposed emergency action. Because incentives 
to fish on GOM cod during this emergency action will vary among 
individual fishermen based on their DAS allocations, previous fishing 
practices, gear fished, target species, and market conditions, it is 
difficult to predict the behavior of individual fishermen operating 
under these emergency measures.
    The Closed Area Model (CAM) attempts to incorporate profit 
maximization behavior into its assessment of F impacts of proposed 
measures. This model assumes that every vessel will attempt to fish in 
a manner that maximizes the profit of fishing operations, thereby 
modeling potential changes in fishing behavior to adapt to changing 
regulations. In doing so, the CAM attempts to estimate F effects base 
on anticipated behavior in response to the proposed measures. Although 
competing incentives may exist under this emergency action, the results 
of the CAM analysis indicate that the emergency measures are successful 
at achieving the necessary F reductions for GOM cod. Because the CAM 
already incorporated profit maximization behavior, the results of the 
CAM indicate that, should offshore effort shift to targeting inshore 
GOM cod under this emergency action in order to maximize returns from 
allocated DAS, the emergency measures would likely still be able to 
achieve the F reductions necessary to maintain the Amendment 13 
rebuilding programs. Combined with the measures proposed in FW 42, this 
emergency action will continue to rebuild GOM cod, despite potential 
changes in vessel behavior.
    Finally, the commenter who suggested that applying differential DAS 
counting throughout the GOM is not consistent with National Standard 1 
did not offer a reason. Presumably, this commenter was concerned that 
the proposed measure would not allow for the achievement of OY. This 
emergency action is a emergency action intended to immediately reduce F 
on the necessary stocks for the start of FY 2006. This action is not 
required, by itself, to completely end overfishing and rebuild 
overfished stocks. However, this action does immediately and 
substantially reduce F on GOM cod, GB winter flounder, SNE/MA winter 
flounder, SNE/MA yellowtail flounder, and white hake enough to achieve 
the rebuilding objectives of the FMP, which complies with National 
Standard 1 and other applicable law in that it ends overfishing and 
rebuilds overfished groundfish stocks within the required timeframe. 
The rebuilding strategy was designed to achieve OY, as reduced by 
social, economic, and ecological factors, and is consistent with the 
national standard guidelines at Sec.  600.310. Because these emergency 
measures ensure that several grounfish stocks remain on the Amendment 
13 rebuilding trajectory, they are consistent with National Standard 1.
    Comment 5: Eight commenters, including two elected officials, 
suggested that the proposed differential DAS counting approach will 
reduce haddock landings by forcing offshore vessels to stop fishing 
until differential DAS counting in the offshore portion of the GOM is 
eliminated upon the implementation of FW 42. These commenters indicated 
that this would impact shoreside infrastructure and compromise domestic 
fish markets by reducing the domestic supply of fish.
    Response: As described in the response to Comment 4, it is nearly 
impossible to accurately predict expected vessel behavior in relation 
to the measures in either this emergency action or FW 42. Further, 
there are conflicting incentives that make fishing during the emergency 
action more beneficial than waiting for the implementation of the 
proposed FW 42 measures for some vessels, but less beneficial for other 
vessels. It is unclear how fishermen will react to these measures, 
increasing the difficulty of projecting the impact to shoreside 
infrastructure. There is the possibility that some vessels would elect 
not to fish during the emergency action. This could reduce the supply 
of haddock and other groundfish species to domestic markets, 
encouraging fish processors to seek fish supply from other markets, 
both foreign and domestic.
    While the differential DAS counting measure in this emergency 
action could reduce the amount of fish landed from the offshore GOM, 
the action is intended to maintain additional opportunities to fish in 
a manner that would result in a smaller DAS charge than if the vessel 
fished an equivalent length trip in the GOM under differential DAS 
counting. For instance, this action continues a modified Regular B DAS 
Program that would have otherwise expired. This allows vessels to 
target GB haddock and other healthy GB groundfish stocks while fishing

[[Page 19357]]

under a Regular B DAS. Category B DAS are not charged at the 
differential rate of 1.4:1, but are charged on a calendar day basis. 
Charging Category B DAS in this manner results in less of a DAS charge 
than differential DAS counting, particularly for longer trips. In 
addition, this action, as revised, does not implement differential DAS 
counting for vessels fishing in the U.S./Canada Management Area. 
Therefore, a vessel could fish in the U.S./Canada Management Area 
during this emergency action and avoid differential DAS counting. In 
addition, a vessel fishing in the Eastern U.S./Canada Area is not be 
charged for steaming time to and from this area. As a result, this 
action maintains several opportunities for vessels to continue to land 
groundfish species with less of a DAS charge than if the vessel fished 
exclusively in the offshore GOM. By providing these additional 
opportunities, it is intended that any disruption to the supply of fish 
would be minimized. Moreover, this emergency action is temporary in 
nature. Measures under FW 42 will likely become effective a few months 
after the start of the fishing year, if approved. Any disruptions to 
shoreside infrastructure thus would be temporary.
    Comment 6: Four commenters recommended that NMFS allow VMS vessels, 
or vessels issued a letter of authorization (LOA), to fish under the 
proposed FW 42 measures. These commenters suggested that VMS and/or the 
LOA would facilitate the enforcement of area-specific differential DAS 
counting measures proposed in FW 42.
    Response: NMFS has revised this emergency action to remove the 
differential DAS counting requirement for vessels participating in the 
U.S./Canada Management Area and implements the proposed FW 42 trip 
limits for GB winter flounder and white hake instead. This revision 
partially addresses the concerns expressed by these commenters in that 
it allows vessels already using VMS to fish under the proposed FW 42 
measures when fishing in the U.S./Canada Management Area. Because the 
existing regulations for the U.S./Canada Management Area require 
vessels to use a VMS, vessels that do not already have a VMS unit must 
purchase and install one to take advantage of 1:1 DAS counting within 
the U.S./Canada Management Area.
    It would not be appropriate to allow vessels using a VMS in the GOM 
or SNE/MA RMAs, or allow vessels that have been issued a LOA to fish 
under the proposed FW 42 measures. First, the measures adopted by the 
Council in FW 42 have not been formally determined to be consistent 
with the national standards of the Magnuson-Stevens Act or other 
applicable law. These measures are currently under review. Further, to 
date, NMFS has not solicited public input regarding the FW 42 measures 
through a proposed rule. Although several individuals have expressed 
support for the proposed FW 42 measures through comments on this 
emergency action (see Comment 9 below), there are others who do not 
agree with this management strategy. Because of the substantive and 
controversial nature of the proposed FW 42 measures, it is important to 
consider additional public comment on the proposed FW 42 measures prior 
to implementing such measures through this emergency action. While the 
use of VMS or a LOA may facilitate the enforcement and administration 
of the FW 42 area-specific measures, it is still very difficult to 
effectively enforce area-specific DAS requirements via an LOA. 
Enforcement of such a measure requires increased at-sea enforcement 
beyond that used to enforce the LOA for possession limits, because DAS 
are used as the primary effort control for the groundfish fishery. If 
DAS are not properly charged, the F objectives of the FMP may be 
exceeded. There are significant incentives to violate the conditions of 
the LOA due to difficulty enforcing such a provision, especially after 
Category A DAS are further reduced by the Amendment 13 default DAS 
reduction on May 1, 2006. Because of limited at-sea enforcement 
capability and incentives to avoid differential DAS counting, 
enforcement of the differential DAS counting areas proposed by FW 42 is 
problematic under a LOA.
    Comment 7: One commenter indicated that the Amendment 13 default 
DAS reduction scheduled for implementation on May 1, 2006, should be 
able to sufficiently reduce F for GB winter flounder, while another 
individual claimed a trip limit would suffice. One commenter 
recommended that NMFS implement the trip limits for GB winter flounder 
and white hake adopted by the Council in FW 42. Four commenters 
contested that differential DAS counting on GB is unnecessary and 
compromises the ability of the fishery to maximize benefits of 
resources on GB, as required by National Standards 1 and 8. These 
individuals assert that there is no need for emergency action on many 
of the stocks on GB, especially GB winter flounder, as this stock is 
only marginally overfished. Eight individuals contend that differential 
DAS counting will significantly reduce catches of healthy stocks, 
sacrificing yield from these stocks and failing to achieve OY for these 
stocks in violation of National Standard 1. Finally, one commenter 
supported the proposed differential DAS counting on GB, indicating that 
it will achieve F reductions for the stocks in need of F reductions and 
offers further protection and benefits for GB cod.
    Response: The Amendment 13 default DAS reduction will reduce F on 
GB winter flounder by approximately 7 percent, GB yellowtail flounder 
by 5 percent, and white hake by just over 2 percent. Based on the 
results of GARM II, F on these stocks must be reduced by 46 percent, 40 
percent, and 13 percent, respectively. As a result, the default 
measures are insufficient to achieve the necessary F reductions for 
these stocks. Therefore, additional measures need to be implemented in 
order to maintain the Amendment 13 rebuilding programs for specific 
stocks.
    In a mixed-stock fishery, it is virtually impossible to reduce F, 
and therefore yield, from one stock without affecting the yield from 
another stock. Therefore, necessary F reductions on one stock will also 
result in F reductions on other stocks. NMFS first proposed 
differential DAS counting on GB because, at the time that the proposed 
emergency measures were developed and analyzed, the Council had not 
considered measures to achieve the necessary F reductions for GB winter 
flounder or white hake. The trip limits ultimately adopted by the 
Council in FW 42 were first proposed by the PDT in late January 2006 
and were only considered by the Council at its February 1-2, 2006, 
meeting. Differential DAS counting on GB achieved the necessary F 
reductions for white hake and substantially reduced F on GB winter 
flounder, but at the expense of reduced yield from other healthy 
groundfish stocks. Final analysis on the proposed FW 42 measures was 
not completed until early March 2006. This analysis indicates that the 
proposed FW 42 measures, including the trip limits for GB winter 
flounder and white hake, achieve the necessary F reductions for GB 
winter flounder and white hake, while minimizing reductions in yield of 
healthy groundfish stocks on GB such as haddock, pollock, American 
plaice, and witch flounder.
    NMFS acknowledges that applying differential DAS counting on GB may 
reduce the yield of some healthy groundfish stocks, reducing the 
likelihood of achieving OY for those stocks. However, NMFS remains 
concerned about the potential for redirected effort onto GB. Although

[[Page 19358]]

many of the groundfish stocks on GB do not need immediate F reductions 
to comply with the Amendment 13 rebuilding programs, there are several 
stocks on GB that are seriously overfished with overfishing occurring, 
especially GB cod and GB yellowtail flounder. These stocks require 
careful management to ensure that they remain on the rebuilding 
schedules adopted in Amendment 13. If effort were to shift onto GB, 
there is the potential that this effort would increase F on GB cod, 
especially considering that only part of the GB cod stock within the 
Eastern U.S./Canada Area is managed by a hard TAC. In addition, 
considering that the proposed TAC for GB yellowtail flounder is 51 
percent less than the 2005 TAC, increasing F on this stock would only 
cause additional future reductions in available catch. As a result, 
increasing F on either GB cod or GB yellowtail flounder could 
potentially undermine rebuilding efforts for these stocks. Therefore, 
it is important to ensure that redirected effort onto GB does not 
jeopardize efforts to protect these other overfished stocks on GB.
    NMFS explored the feasibility of removing differential DAS counting 
on GB and implementing the proposed FW 42 trip limits for GB winter 
flounder and white hake instead. Without differential DAS counting in 
all areas, NMFS was concerned that redirected effort may substantially 
increase F on other overfished groundfish stocks, particularly on GB. 
Therefore, any option to remove differential DAS counting on GB would 
need to achieve the necessary F reductions for groundfish stocks on GB 
without leading to increased F on other overfished stocks. Because the 
GB RMA includes portions of the CC/GOM and SNE/MA yellowtail flounder 
stock areas, stocks that are severely overfished and require 
substantial F reductions in FY 2006, NMFS did not consider any options 
that could potentially increase effort and, therefore, F on these 
stocks. Because the U.S./Canada Management Area encompass the vast 
majority of the waters within the GB RMA, but does not include any 
portion of the CC/GOM and SNE/MA yellowtail flounder stock areas, NMFS 
focused on analyzing options that would remove the differential DAS 
counting requirement for vessels fishing in the U.S./Canada Management 
Area. In addition, the current regulations governing the U.S./Canada 
Management Area provide greater assurance that any redirected effort 
would not increase the F on other overfished groundfish stocks, because 
a portion of the GB cod stock and the entire GB yellowtail flounder 
stock is managed by a hard TAC within the U.S./Canada Management Area. 
Further, any vessel fishing in the U.S./Canada Management Area is 
required to use a VMS and submit daily catch reports. NMFS can more 
easily monitor groundfish catch from the U.S./Canada Management Area in 
an effort to more accurately project catch rates and more effectively 
assess the scale of potential redirected effort onto GB. In addition, 
pursuant to the regulations at Sec.  648.85(a)(3)(iv)(D), the Regional 
Administrator has the authority to modify trip limits and access to the 
U.S./Canada Management Areas to ensure that TACs specified for these 
areas is not exceeded. This provides sufficient authority for the 
Regional Administrator to ensure that redirected effort does not 
compromise the rebuilding objectives of the FMP. As a result, NMFS 
analyzed two options to eliminate differential DAS counting on GB: (1) 
Eliminate differential DAS counting for the entire U.S./Canada 
Management Area; and (2) eliminate differential DAS counting from just 
the Eastern U.S./Canada Area. The results of preliminary analysis for 
these options indicated that either option would result in comparable 
ecological impacts to those from the original proposal to implement 
differential DAS counting throughout the entire GB RMA. Under each 
option, F, and, therefore, yield, would increase for some stocks, but 
decrease for others. For example, under the original proposal (i.e., 
differential DAS counting in all areas), F of GB haddock would decrease 
by 17 percent. Under revised Option 1, F on GB haddock would decrease 
by only 5.6 percent, while F on GB haddock would decrease by nearly 24 
percent under Option 2. Overall, revised Option 1 achieves greater 
ecological benefits than the original proposal. Option 1 would achieve 
the necessary F reductions for five stocks (GOM cod, GB winter 
flounder, SNE/MA winter flounder, SNE/MA yellowtail flounder, and white 
hake), while the original proposal would only achieve the necessary F 
reductions for three stocks (GOM cod, SNE/MA winter flounder, and white 
hake). Option 2 would not meet the necessary F reductions for GOM cod, 
CC/GOM yellowtail flounder, or GB winter flounder and would result in 
additional reductions in F for healthy stocks beyond the original 
proposal. In addition, revised Option 1 would not excessively reduce 
the potential yield from healthy groundfish stocks compared to the 
other two options. Economic analysis of these options indicates that 
revised Option 1 would offer substantially fewer adverse economic 
impacts than the original proposal. For example, Option 1 would result 
in an estimated $16.8 million in reduced groundfish sales, while the 
original proposal and Option 2 would result in an estimated $22.6 
million and $21.6 million reduction in groundfish sales, respectively. 
Adverse economic impacts to most ports would be less under Option 1, as 
well. Because Option 1 would achieve the necessary F reductions for 
nearly all of the stocks requiring F reductions for FY 2006 and 
attempts to minimize reductions in the potential yield from heathy 
groundfish stocks, Option 1 more closely achieves OY, as required by 
National Standard 1, than either the original proposal or Option 2. 
Because Option 2 would not achieve the necessary F reductions, would 
further reduce yield from healthy groundfish stocks compared to the 
original proposal, and would result in greater economic impacts than 
Option 1 or the original proposal, full analysis of Option 2 was not 
developed. Option 1 has been fully analyzed and is summarized in an 
addendum to the EA prepared for this action. The original EA and the 
addendum to the EA are available from the Regional Administrator (see 
ADDRESSES).
    The National Standard 8 guidelines indicate that, if two 
alternatives offer comparable conservation benefits, the one with the 
less adverse economic impacts would be the preferred alternative. As 
one industry group correctly points out, the measures adopted in FW 42 
offer comparable conservation benefits and would result in less severe 
economic impacts than the proposed emergency measures. However, the 
measures in FW 42 were not adopted by the Council under FW 42 until its 
February 1, 2006, meeting, after the analysis for the proposed 
emergency action had been completed. Therefore, the FW 42 measures were 
not considered as an alternative for the proposed emergency action. As 
explained above, the ecological impacts of revised Option 1 are 
comparable to the impacts of the original emergency proposal while the 
adverse economic impacts of revised Option 1 are substantially less. As 
a result, NMFS is implementing revised Option 1 under this emergency 
action.
    National Standard 8 requires that management actions, consistent 
with the conservation requirements, consider the importance of fishery 
resources to fishing communities to provide for their sustained 
participation in the fishery and, to the extent practicable, minimize 
the adverse economic impacts on these

[[Page 19359]]

communities. The EA prepared for this action, including the addendum 
prepared to describe the impacts to the fishery resulting from the 
options to remove differential DAS counting for vessels fishing in the 
U.S./Canada Management Area, contains a consideration of the importance 
of fishery resources to fishing communities, along with an estimate of 
the economic impacts to these communities. This emergency action 
minimizes the adverse economic impacts to such communities by 
eliminating differential DAS counting in the U.S./Canada Management 
Area and through the continuation of the DAS Leasing Program and a 
modified Regular B DAS Program on GB. The revised emergency action 
being implemented by this interim rule is consistent with National 
Standards 1 and 8 because it implements differential DAS counting in a 
manner that achieves the ecological objectives of this action and the 
FMP, while attempting to achieve OY on a continuing basis and 
minimizing the adverse economic impacts to fishing communities.
    Comment 8: One individual claimed that the proposed differential 
DAS counting measure in the GOM that would charge DAS used at a rate of 
1.4:1 is better than the proposed FW 42 differential DAS counting 
measure that would charge DAS used at a rate of 2:1. The commenter 
states that this measure would save the inshore fleet and would avoid 
safety concerns associated with the FW 42 measure because inshore 
vessels would not be forced to fish offshore under 1.4:1 DAS counting. 
He contends that, under FW 42, smaller inshore vessels would fish 
farther offshore to avoid differential DAS counting at a rate of 2:1. 
Two other commenters disagreed, indicating that the proposed emergency 
action would decrease safety relative to the proposed FW 42 measures 
because vessels would take undue risks, such as fishing in rougher 
weather to capitalize on higher fish prices.
    Response: The emergency action does not present incentives for 
smaller vessels to take undue risks because the differential DAS 
counting rate is applied throughout the GOM RMA. A vessel would be 
charged exactly the same DAS rate, regardless of where it fishes. The 
expected duration of this emergency action, May through July or August, 
represents some of the best weather conditions of the year, including 
the months in which the lowest wind speeds are recorded on a yearly 
basis in the GOM, according to the analysis prepared for FW 40B to the 
FMP. Therefore, it is unlikely that vessels would take undue risks by 
fishing in rougher weather under this emergency action because, with 
the exception of the potential for a tropical storm or hurricane, 
weather conditions over the expected duration of this action are 
typically the best conditions of the year. In addition, prices for GOM 
cod during May through July are, on average, the lowest prices of the 
year. Therefore, it is also unlikely that vessels would be more 
inclined to fish under adverse weather conditions during this emergency 
action due to expected higher prices. Therefore, NMFS concludes there 
are minimal safety concerns associated with the differential DAS 
counting measure in this interim rule.
    Comment 9: Fifteen commenters suggested that NMFS should implement 
the preferred alternative adopted by the Council in FW 42. One 
commenter explicitly requested that NMFS implement the FW 42 measures 
instead of the proposed emergency measures to ensure a seamless 
transition to the FW 42 measures once FW 42 is implemented.
    Response: One of the objectives of this emergency action is to 
implement management measures that mirror those adopted by the Council 
in FW 42 as much as practicable without compromising the conservation 
objectives of this action or the FMP. Some commenters indicated that 
the proposed measures closely resembled the measures adopted in FW 42, 
while others claimed that the proposed measures are dramatically 
different than the FW 42 measures. NMFS began to develop the proposed 
emergency measures immediately after the Council announced that it 
would not be able to complete FW 42 in time for a May 1, 2006, 
implementation date, which occurred at the Council's November 15, 2005, 
meeting. At that time, the Council had not fully developed many of the 
measures that were finally adopted by the Council, and the Council was 
just starting to explore the potential that discrete differential DAS 
counting areas would achieve the necessary F reductions for FY 2006. At 
the time, there was uncertainty whether the Council would even adopt 
differential DAS counting as the primary means of reducing F under FW 
42. In order to implement emergency management measures by the start of 
FY 2006, NMFS could not wait until the Council voted to adopt measures 
in FW 42 at its February 1, 2006, meeting. NMFS attempted to anticipate 
and mirror many of the provisions proposed in FW 42 at the time work 
began on the development of the emergency measures, including 
differential DAS counting, in order to minimize transition to the FW 42 
measures, once implemented. However, given the uncertainty of which 
measures would be proposed by the Council in FW 42, and the limited 
time available to prepare and review the proposed emergency action in 
time for a May 1, 2006, implementation date, it was not possible to 
predict with certainty what measures the Council would ultimately adopt 
in FW 42.
    Because of the potentially substantial effort reductions necessary 
under this emergency action, and the controversial nature of this 
action, NMFS attempted to provide for as much advanced notice and 
opportunity for public input as possible, without compromising the need 
to implement emergency measures by May 1, 2006. Although NMFS attempted 
every means possible to minimize the time it would take to develop the 
proposed emergency action, due to the time necessary to develop the 
proposed management measures, prepare the required analytical 
documents, and publish both a proposed and a final rule consistent with 
the Administrative Procedure Act, NMFS had to complete the development 
of the proposed action before the Council voted on FW 42.
    Based on public comment, NMFS is removing the differential DAS 
counting requirement for vessels participating in the U.S./Canada 
Management Areas (see also Response to Comment 6). While not identical 
to the measures proposed under FW 42, this revision more closely 
mirrors them, without compromising the objectives of this action.
    Comment 10: Ten commenters opposed the proposed differential DAS 
counting measures, advocating for counting DAS as a minimum of 24 hours 
instead. In addition, three commenters recommended extending the 
duration of the GOM Rolling Closures by two weeks.
    Response: One of the objectives of this emergency action is to 
implement management measures that mirror those adopted by the Council 
in FW 42 as much as practicable without compromising the conservation 
objectives of this action or the FMP. One of the alternatives 
considered during the development of FW 42 (i.e., Alternative 4) was a 
minimum 24-hour DAS charge. However, while some expressed support for 
this measure, claiming that it more accurately addressed the underlying 
problem in the fishery, the Council ultimately did not adopt this 
alternative because of concerns that this alternative would provide 
incentives for vessels to fish longer hours and with less crew to

[[Page 19360]]

maximize the benefits of each allocated DAS. In doing so, some felt 
that this alternative would cause safety problems. Because of these 
concerns and the fact that the Council did not adopt the minimum 24-
hour DAS charge under FW 42, this emergency action did not consider 
that alternative. Regarding extending the GOM Rolling Closures by 2 
weeks, there is no analysis to conclude that such a measure would help 
to achieve the conservation or management objectives of this emergency 
action. In addition, there may be safety concerns attached to this type 
of measure, as members of the fishing industry expressed safety 
concerns about the existing GOM Rolling Closures during the Council-
sponsored safety meetings conducted in 2005. Moreover, the Council did 
not consider extending these closures under FW 42.
    Comment 11: One commenter stated that the proposed measures would 
treat all fishermen equally.
    Response: NMFS has determined that the emergency action is 
consistent with National Standard 4 guidelines to the extent 
practicable, taking into account conservation requirements and 
differences in impacts because of geographic location and stocks that 
need protection.
    Comment 12: One industry group claimed that the proposed 
differential DAS counting strategy would reduce access to the monkfish 
resource in the monkfish Northern Fishery Management Area (NFMA), 
resulting in a linear loss of monkfish DAS.
    Response: While the differential DAS counting measure implemented 
by this interim rule would result in some decreased opportunities to 
target monkfish in the NFMA over the No Action alternative, the 
emergency action attempts to mitigate such decreased opportunities by 
revising the manner in which monkfish-only DAS are counted to 
accommodate differential DAS counting. A linear loss of monkfish DAS 
would only occur if monkfish DAS were also charged at a rate of 1.4:1. 
The proposed action would only charge NE multispecies at a rate of 
1.4:1, while monkfish DAS would still be charged at a rate of 1:1. 
Because NE multispecies DAS are charged at a higher rate when fishing 
outside of the U.S./Canada Management Area, there is the possibility 
that monkfish Category C, D, F, G, or H vessels (i.e., those monkfish 
vessels that are also issued a limited access NE multispecies permit) 
would not have sufficient groundfish DAS to ensure that they could fish 
their full allocation of monkfish DAS. To accommodate this, this rule 
will allow a Category C, D, F, G, or H monkfish vessel to fish under a 
monkfish-only DAS when groundfish DAS are no longer available, provided 
the vessel fishes under the provisions of the monkfish Category A or B 
permit. Assuming that such vessels fish all of their NE multispecies 
DAS outside of the U.S./Canada Management Area, the maximum number of 
monkfish-only DAS that a vessel would be allowed to fish is equal to 
its net monkfish DAS allocations (including carry-over DAS) minus its 
net NE multispecies Category A DAS allocation (including carry-over 
DAS), divided by 1.4. If such vessels fish some or all of their NE 
multispecies DAS in the U.S./Canada Management Area, the number of 
monkfish-only DAS would be less than this amount. For example, a vessel 
allocated 40 monkfish DAS and 20 NE multispecies DAS would be able to 
fish 20 monkfish-only DAS (i.e., 40-20) under the current regulations, 
or 25.7 monkfish-only DAS ((40-(20 / 1.4)). Without such a provision, 
these vessels would have even less of an opportunity to fish for 
monkfish in the NFMA because they would only be allowed to fish under 
monkfish-only DAS equal to the difference between their monkfish and NE 
multispecies DAS allocations. Accordingly, this emergency action offers 
greater opportunity to target monkfish in the NFMA than if differential 
DAS counting were implemented without the corresponding revision to the 
monkfish-only DAS calculation. NMFS acknowledges that some vessels, 
particularly trawl vessels that operate exclusively in the NFMA, would 
have less of an opportunity to fish for monkfish in the NFMA under this 
emergency action, as monkfish-only DAS can only be used in an exempted 
fishery in the NFMA. Currently, the only exempted fisheries in the NFMA 
require the use of gillnets. Trawl vessels would be able to fish with 
trawl gear in the Southern Fishery Management Area, but would be 
subject to the more restrictive monkfish regulations in this area, 
including a reduced monkfish DAS allocation.
    Comment 13: One industry group asserts that the proposed 
differential DAS counting measure exceeds the scope of the ecological, 
social, and economic analyses prepared for Amendment 13 because the 
fishery is meeting the Amendment 13 F targets for the GB cod stock.
    Response: GB cod is currently rebuilding along the Amendment 13 
rebuilding trajectory. However, GB cod is still severely overfished and 
overfishing is still occurring. Because of this, NMFS is concerned that 
any potential redirection of effort on GB cod could negatively affect 
the rebuilding progress of this stock. NMFS has revised this emergency 
action to remove the differential DAS counting requirement from vessels 
participating in the U.S./Canada Management Areas on GB. This revision 
allows greater access to the GB cod stock, but does so in a manner that 
minimizes the potential for redirected effort onto GB to adversely 
affect GB cod. Although the effects of this emergency action are beyond 
the scope of the ecological, economic, and social analyses prepared for 
Amendment 13, the additional impacts of this measure on GB cod have 
been evaluated in the EA prepared for this action. The impacts of the 
revision to eliminate differential DAS counting for vessels 
participating in the U.S./Canada Management Area are analyzed in an 
addendum to the EA that is also available from the Regional 
Administrator (see ADDRESSES).

Trip Limits

    Comment 14: Four commenters supported the proposed trip limits for 
GOM cod, while two commenters opposed them. Supporters claim that the 
proposed trip limit of 600 lb (272 kg) per DAS will reduce incentives 
to target GOM cod under this action, especially when implemented with 
differential DAS counting in the GOM. Two proponents of this trip limit 
indicated support for a 400 lb (181 kg) per DAS trip limit on GOM cod, 
if it would further reduce incentives to target GOM cod. Those opposed 
to the proposed GOM cod trip limit did not offer specific rationale for 
their opposition, but expressed general support for the 800 lb (363 kg) 
per DAS GOM cod trip limit in conjunction with alternative management 
options considered during the development of FW 42, particularly the 
24-hour minimum DAS alternative.
    Response: Analysis prepared for this action indicates that a 600 lb 
(272 kg) per DAS GOM cod trip limit, along with differential DAS 
counting, will reduce incentives to target GOM cod and will provide the 
necessary F reductions for this stock during FY 2006. Although no 
explicit analysis was prepared regarding the 400 lb (181 kg) per DAS 
trip limit for GOM cod, analysis prepared for Amendment 13 indicates 
that such a trip limit would offer additional F reduction for this 
stock, but may also substantially increase the discard rate.
    Comment 15: One commenter asserts that trip limits have resulted in 
increased bycatch F in the groundfish fishery. This commenter further 
states that the emergency action does not provide adequate rationale or 
justification for the use of trip limits,

[[Page 19361]]

measures the commenter claims have a history of failure, without 
sufficient back-up measures (see Comment 16 below) in violation of 
National Standards 1 and 9. However, this comment focused mainly on 
National Standard 9 issues, and did not explain why the commenter felt 
the proposed trip limits violated National Standard 1. Another 
commenter supported setting reasonable catch limits that take into 
consideration discards.
    Response: There is sufficient rationale and justification provided 
in both the proposed/interim rule and the supporting EA that the 
proposed trip limit for GOM cod does not violate either National 
Standard 1 or 9. The rationale for the proposed GOM cod trip limit 
builds upon information in Amendment 13 to the FMP. The Amendment 13 
discussion of bycatch (Section 5.2.8 of the Amendment 13 Environmental 
Impact Statement) projects that fishermen with limited DAS available to 
fish, whether from reductions in allocations or differential DAS 
counting, will attempt to maximize their return on every trip, and will 
attempt to convert any potential discards into landings. In doing so, 
effort reductions such as differential DAS counting proposed in this 
emergency action, in conjunction with the proposed trip limits, should 
contribute to reduced bycatch. Differential DAS counting and the 
reduced trip limit for GOM cod decrease the profitability of targeting 
GOM cod, thereby reducing discards. However, it is impossible to 
predict the behavior of fishermen given the varying and competing 
incentives that affect behavior under this emergency action and under 
FW 42. The national standard guidelines for National Standard 9 (Sec.  
600.350) require an assessment of the amount and type of bycatch and 
bycatch F for proposed measures and that proposed measures should 
minimize bycatch and bycatch F to the extent practicable. The EA 
prepared for this action provides the required assessment of the amount 
and type of bycatch expected from the proposed trip limits. The 
proposed trip limits were incorporated into the CAM used to analyze 
changes in F for most of the proposed management measures. This 
analysis attempts to estimate F resulting from the expected behavior of 
vessels attempting to maximize profits in response to the proposed 
measures. This analysis indicated that the cumulative affect of the 
majority of proposed emergency measures would result in a 33.8-percent 
reduction in F for GOM cod, including discard F. In addition, the EA 
includes a discussion concerning the trip limit analysis prepared for 
Amendment 13. Based on extrapolations from the Amendment 13 trip limit 
analysis, a proposed GOM cod trip limit of 600 lb (272 kg) per DAS is 
likely to offer a reduction in F of about 5 percent compared to the 
current 800 lb (363 kg) per DAS trip limit for GOM cod. Compared to the 
current trip limit, the proposed GOM cod trip limit is likely to 
increase the discard rate by approximately 10 percent. The proposed 
trip limit represents a balance between the conservation benefits of 
reducing incentives to target GOM cod and minimizing discards and 
allowing vessels to harvest and land GOM cod without compromising 
rebuilding efforts for this stock. Therefore, NMFS has determined that 
the trip limit for GOM cod, which is implemented through this emergency 
action, is reasonable and takes into account bycatch and discard 
concerns.
    Comment 16: Three commenters recommended that NMFS implement 
additional provisions that would ensure the efficacy of the proposed 
trip limits for GOM cod and CC/GOM and SNE/MA yellowtail flounder. Two 
of these commenters recommended implementing a discard prohibition for 
GOM cod and CC/GOM and SNE/MA yellowtail flounder, along with requiring 
a vessel to immediately end its trip once it has reached its trip limit 
of cod or yellowtail flounder. The third commenter suggested that NMFS 
should adopt hard-TAC backstops for GOM cod and CC/GOM and SNE/MA 
yellowtail flounder stocks and promote selective gears to target 
healthy stocks without substantial bycatch of stocks of concern.
    Response: Specific provisions such as those offered by the 
commenters potentially may increase the efficacy of trip limits under 
specific circumstances, particularly for vessels participating in a 
special management program (i.e., approved SAPs or the Regular B DAS 
Program). Such provisions have been adopted by the Council for 
implementation under FW 42 for all groundfish vessels participating in 
any special management program. These programs are designed to allow 
vessels to target healthy groundfish stocks without catching 
substantial amounts of stocks of concern. The objective of these 
programs is to avoid overfished stocks, not target them. These programs 
are highly regulated and include hard TAC backstops, gear requirements, 
VMS, and other provisions that enhance the effectiveness of these 
programs and increase the likelihood that effort under these programs 
would not compromise the rebuilding efforts of overfished stocks. In 
contrast, GOM cod, and CC/GOM and SNE/MA yellowtail flounder are 
managed under an overall target TAC for each species. While hard TACs 
might prove an effective means of ensuring that F targets for each 
stock are not exceeded during a fishing year, it would be impracticable 
to implement such hard TACs through an emergency action, because the 
hard TAC backstops would expire when the emergency action expires. In 
this case, the hard-TAC backstops would expire once FW 42 is 
implemented, sometime during the summer of 2006, which would provide 
very little benefit to these stocks if implemented under this emergency 
action. In addition, because conversion to a hard-TAC management regime 
would represent a substantial change from the effort-based (i.e., DAS) 
strategies employed in the groundfish fishery to date, particularly for 
the GOM and SNE/MA stocks, hard TACs should be vetted through the 
Council process. Further, due to the discrete nature of special 
management programs, it is relatively easy to identify participants 
within these programs and enforce the discard prohibitions and trip 
termination requirements recommended by the commenters. However, it is 
much more difficult to identify vessels catching GOM cod or CC/GOM or 
SNE/MA yellowtail flounder, much less enforce such provisions, when 
applied to such vessels fishing outside of a special management program 
within broad geographic areas.

Modified Regular B DAS Program

    Comment 17: One commenter indicated that the Regular B DAS Program 
requires near 100-percent observer coverage to work. This commenter 
stated that all DAS flips occurred on trips with observers, suggesting 
that this is an indicator of the failure of this program to encourage 
the selective harvesting of healthy groundfish stocks unless adequately 
monitored and controlled.
    Response: Since the Regular B DAS Pilot Program was first 
implemented by FW 40A in November 2004, approximately 33 percent of 
groundfish trips into this program have been observed. The measures 
currently in place are sufficient to effectively monitor vessel 
operations in this fishery. The methodologies employed to monitor this 
program meet accepted standards of precision and accuracy. The 
assertion by the commenter that all DAS flips under the Regular B DAS 
Pilot Program occurred on trips with observers is incorrect. In fact, 
over the duration of the Regular B DAS Pilot Program, DAS flips during 
observed

[[Page 19362]]

trips accounted for only 41 percent of recorded DAS flips; over 59 
percent of the DAS flips occurred during trips without an observer 
present. A better indicator of the success of this program is whether 
the incidental catch TACs for particular species were exceeded compared 
to the amount of healthy groundfish stocks landed. Substantial amounts 
of haddock (over 2 million lb, or 907,000 kg), pollock (over 730,000 
lb, or 331,000 kg), and redfish (over 130,000 lb, or nearly 59,000 kg) 
were landed, and the incidental catch TAC for only one groundfish stock 
of concern (GB cod) was exceeded during only one quarter (May-July of 
2005, Quarter 1 of FY 2005), by approximately 21,000 lb (9,532 kg), due 
to increased participation in this program during that quarter, 
unexpectedly high catch rates for GB cod, and trips with excessive 
discards. This suggests that the program is quite successful at 
facilitating the targeting of healthy groundfish stocks without 
compromising rebuilding efforts of overfished stocks. Because this 
program offers additional opportunities to target healthy stocks such 
as haddock, pollock, and redfish without substantially affecting 
groundfish stocks of concern, offering additional opportunities to use 
Regular B DAS in the fishery and necessary sources of fishing revenue, 
the proposed revised Regular B DAS Program is implemented through this 
emergency action.
    Comment 18: Two commenters opposed the proposed modifications to 
the Regular B DAS Program, indicating that the regulations governing 
the Regular B DAS Pilot Program, as originally implemented under FW 
40A, are sufficient to control F from this program. One of these 
individuals argued that restricting this program to the U.S./Canada 
Management Area and requiring all vessels to use a haddock separator 
trawl is in violation of National Standard 4 because such measures are 
not fair and equitable to all vessels, as some vessels would be 
required to purchase the haddock separator trawl and safety 
considerations prevent smaller vessels from traveling far offshore to 
use their Regular B DAS under this program. Two other individuals and 
the Maine Department of Marine Resources objected to the restriction of 
this program to the U.S./Canada Management Area on the grounds that 
vessels should be allowed to target healthy groundfish stocks in the 
GOM.
    Response: The original intent of the Regular B DAS Pilot Program 
was to allow vessels to target healthy groundfish stocks in all areas. 
However, as highlighted above, stocks in particular areas require 
additional reductions in F during FY 2006. Stocks such as GOM cod and 
CC/GOM and SNE/MA yellowtail flounder require substantial F reductions 
for FY 2006. Therefore, the objective of this action is to reduce F on 
these stocks through effort reductions in the GOM and SNE/MA RMAs. 
Because the use of Category B DAS represents additional effort in the 
fishery, it would be inappropriate to increase effort in these areas, 
especially during the early summer months when particularly vulnerable 
stocks are spawning, by allowing vessels to participate in the Regular 
B DAS Program in the GOM or SNE/MA RMA. In addition, the very small 
incidental catch TACs proposed for CC/GOM and SNE/MA yellowtail 
flounder for the first quarter of the fishing year (May-July) are 
extremely difficult to monitor and are likely to be exceeded after only 
a few trips into the program. For example, the proposed incidental 
catch TACs for these species is only 441 lb (200 kg) for CC/GOM 
yellowtail flounder and 1,746 lb (792 kg) for SNE/MA yellowtail 
flounder during the first quarter of FY 2006. It is likely that the 
quarterly incidental catch TAC for CC/GOM and SNE/MA yellowtail 
flounder would be caught in only a few trips, especially if 
participating vessels catch up to the maximum possession limit on a 
daily basis. At this rate, it would be very difficult for NMFS to 
administer this program in these stock areas during the first quarter 
of the fishing year and would likely result in the program exceeding 
these quarterly TACs before NMFS could close these stock areas. Once 
these incidental catch TACs are harvested, NMFS is required to close 
the relevant stock areas under the Regular B DAS Program for the 
remainder of the quarter. Therefore, exceeding these TACs would not 
only result in increased and unaccounted F on these stocks, but it 
would also close this program outside of GB within days of the start of 
the first quarter on May 1. As a result, the existing measures are not 
sufficient to control F on these stocks under this program, especially 
during the first quarter, requiring the additional protection offered 
by these emergency measures. Prior to the expiration of the Regular B 
DAS Pilot Program on October 31, 2005, very few groundfish vessels 
fished under this program to target healthy groundfish stocks outside 
of the GB. Between November 2004 and October 2005, only 82 trips were 
completed under the Regular B DAS Pilot Program in the GOM RMA, and 
only 8 were completed under this program in the SNE/MA RMA, out of over 
436 trips completed throughout all areas under this program. As a 
result, the vast majority of participants in this program have been 
fishing on GB.
    Restricting the Regular B DAS Program to the U.S./Canada Management 
Area does not allocate fishing privileges among fishermen and, 
therefore, does not violate National Standard 4. All vessels have the 
ability to fish in this program, provided the vessel has installed an 
operational VMS and complies with the other requirements of the Regular 
B DAS Program. The fact that there may be differential impacts on 
fishers because of geographic or other practical matters is consistent 
with National Standard 4 guidelines, provided the measures in question 
are reasonably calculated to achieve conservation objectives. The U.S./
Canada Management Area was adopted by the Council in Amendment 13, 
based on an informal agreement between the United States and Canada. 
The location of this area was based on the definition of stock areas 
under the Resource Sharing Agreement. As specified in further detail in 
the response to Comment 27, although the preamble of the proposed rule 
for this action inadvertently specified that all vessels must use a 
haddock separator trawl when participating in the Regular B DAS 
Program, the regulatory text indicated that only trawl vessels would be 
required to use a haddock separator trawl when participating in the 
Regular B DAS Program. Despite this inadvertent error in the preamble 
to the proposed rule, the requirement that trawl vessels utilize a 
haddock separator trawl is still consistent with National Standard 4 
because it is reasonably calculated to promote conservation and would 
not constitute an allocation of fishing privileges to particular 
fishermen.
    Comment 19: Two commenters supported the haddock separator trawl 
requirement for trawl vessels participating in this program, indicating 
that it would offer sufficient protection to groundfish stocks of 
concern. However, one commenter suggested that NMFS remove the haddock 
separator trawl requirement for this program, asserting that the 
haddock separator trawl has not been shown to work, that the Pilot 
Program implemented under FW 40A did not exceed any of the incidental 
catch TACs for stocks of concern, and that such a requirement 
eliminates opportunities to experiment with more effective gear, such 
as the rope trawl, under this program.
    Response: The required use of a haddock separator trawl by trawl 
vessels participating in the Regular B DAS

[[Page 19363]]

Program offers further protection to groundfish stocks of concern under 
this emergency action. While data from the Eastern U.S./Canada Haddock 
SAP Pilot Program (the only program in which participants were required 
to use a haddock separator trawl) indicated that the haddock separator 
trawl did not perform consistently as well as the original experimental 
fishery used to justify this gear, it was still effective at reducing 
the catch of cod compared to the catch of haddock in this SAP. The 
haddock separator trawl is the only trawl gear shown through 
experimental research to reduce the catch of cod when targeting 
haddock. Hook gear has been demonstrated to allow vessels to 
effectively target haddock without catching substantial amounts of cod 
or other stocks of concern. As a result, hook gear may be used to 
target haddock under the revised Regular B DAS Program in this 
emergency action. While other gears are currently being tested, the 
results of these gear experiments have not yet been provided to NMFS or 
the Council. As a result, there is incomplete information to suggest 
that other gear, including the rope trawl suggested by one commenter, 
is capable of reducing the catch of cod or other stocks of concern as 
effectively as the haddock separator trawl. Contrary to what was 
suggested by the commenter, under the Regular B DAS Pilot Program, the 
incidental catch TAC for GB cod was exceeded during the first quarter 
of FY 2005. The haddock separator trawl, should reduce catch of GB cod, 
reducing the possibility that the quarterly incidental catch TAC will 
be exceeded under this program. In addition, by reducing the catch of 
GB cod, the haddock separator trawl requirement should extend the 
availability of the hard TAC for GB cod in the Eastern U.S./Canada 
Area, thereby increasing the opportunity to achieve OY for haddock 
during FY 2006. Both NMFS and the Council have expressed interest in 
facilitating research into selective fishing gears in order to more 
fully integrate the use of these gears into the management program. 
However, before approving the use of such gear, the Council has 
suggested that it would like to review the performance of such 
selective gears to determine their effectiveness at reducing bycatch of 
stocks of concern. While the original intent of the Regular B DAS Pilot 
Program was to facilitate the use of more selective gears and ways of 
fishing, the requirement that trawl vessels use a haddock separator 
trawl in the revised Regular B DAS Pilot Program implemented in this 
emergency action should ensure that the Regular B DAS Program achieves 
the primary objective of this program, which is to facilitate the 
targeting of healthy groundfish stocks without catching substantial 
amounts of groundfish stocks of concern. Therefore, this emergency 
interim rule retains the haddock separator trawl requirement for trawl 
vessels participating in the Regular B DAS Program.
    Comment 20: One commenter supported and one commenter opposed the 
trip limits on flatfish, skates, monkfish, and lobsters for vessels 
fishing with a haddock separator trawl in the proposed Regular B DAS 
Program because it would increase discards.
    Response: The Regular B DAS Program is intended to allow vessels to 
target healthy groundfish stocks such as haddock without catching 
substantial amounts of groundfish stocks of concern, particularly cod 
and certain flatfish. The proposed restrictive trip limits on flatfish, 
skates, monkfish, and lobsters are the same as those proposed in FW 42, 
and are meant to encourage the proper use of the haddock separator 
trawl in the Regular B DAS Program. When properly used, the haddock 
separator trawl has proven effective at reducing the catch of cod, 
flounders, and other species while having little impact on the catch of 
haddock. However, when improperly configured, this net is capable of 
catching large amounts of bottom-dwelling species such as flatfish and 
skates. This measure increases the incentive for fishermen to configure 
the net properly, since only small amounts of flounders, monkfish, and 
skates can be landed when haddock separator trawls are required. In 
doing so, this requirement should reduce discards, as an improperly-
configured net would require vessel operators to spend time sorting the 
catch and discard any fish in excess of the proposed trip limits.

DAS Leasing Program

    Comment 21: Two commenters opposed continuing the DAS Leasing 
Program through this emergency action, indicating that leasing DAS 
undermines efforts to reduce F on overfished stocks. Four commenters 
expressed support for the DAS Leasing Program, offering that it 
provides necessary benefits to the fishing industry.
    Response: The DAS Leasing Program provides benefits to fishermen 
that offset some of the economic and social impacts resulting from 
continued effort reductions in the groundfish fishery. Analysis 
prepared for this action indicates that the DAS Leasing Program may 
have resulted in a small increase in landings when compared to a regime 
without DAS leasing. However, this was anticipated by Amendment 13 
analysis and was within the projected results. The stocks for which the 
DAS Leasing Program contributed to the highest increase in landings 
(GOM haddock, GB haddock, pollock, redfish, witch flounder, and 
American plaice) are all considered healthy groundfish stocks that do 
not need F reductions as part of 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, resulting in 
economic benefits to the fishery. National Standards 5 and 8 require 
that management measures consider efficiency in the utilization of 
fishery resources and provide for the sustained participation of 
fishing communities, respectively. Consistent with these national 
standards, this emergency action continues the DAS Leasing Program in 
order to increase the efficient utilization of fishery resources and 
help provide a means of mitigating some of the economic impacts of 
effort reductions in the fishery to promote continued participation, 
without jeopardizing conservation objectives of this action or the FMP.

Eastern U.S./Canada Haddock SAP Pilot Program

    Comment 22: One commenter supported the proposed revisions to the 
Eastern U.S./Canada Haddock SAP, while another opposed the delayed 
opening of this SAP, suggesting that it would reduce the chances of 
catching haddock in this SAP and create additional gear conflicts with 
offshore lobster vessels due to an expected increase in participants.
    Response: The delayed start date of August 1 for this SAP was 
proposed by the Council's Groundfish Advisory Panel, a group of 
industry representatives that provide input into Council decisions. The 
intention of this provision is to avoid concentrations of GB cod in the 
SAP area during the early summer, thereby lowering the catch rates of 
GB cod in this SAP. High catch rates of GB cod in this SAP contributed 
to the early closing of the Eastern U.S./Canada Area on in FY 2005, 
and, therefore, access to the Eastern U.S./Canada Haddock SAP. A 
delayed opening would reduce the catch rate of GB cod, allowing vessels 
greater access to the available haddock resource throughout the season 
specified for this SAP. An informal agreement between offshore lobster 
vessels and groundfish vessels fishing on GB was reached during 2005 to 
minimize potential gear

[[Page 19364]]

conflicts between these two groups during the season specified for this 
SAP. NMFS encourages such cooperation among fishing sectors and hopes 
that the agreement between the offshore lobster fleet and the 
groundfish fleet can continue during FY 2006 and that similar informal 
agreements can be worked out to mitigate any potential gear conflicts 
that may arise in the future.

Eastern U.S./Canada Area Flexibility

    Comment 23: Two commenters supported allowing vessels to fish 
inside and outside of the Eastern U.S./Canada Area on the same trip. 
However, one commenter opposed attributing any cod caught on such trips 
towards the Eastern U.S./Canada Area GB cod hard TAC, indicating that 
this would likely cause the premature closure of the Eastern U.S./
Canada Area because of the attainment of the GB cod TAC.
    Response: This measure was first developed to address a safety 
concern identified by the Council's safety meetings held in 2005 to 
allow vessels to fish closer to shore under worsening weather 
conditions. To prevent the misreporting of cod, haddock, and yellowtail 
flounder caught on trips inside and outside of the Eastern U.S./Canada 
Area, all cod, haddock, and yellowtail flounder will count toward the 
Eastern U.S./Canada Area TACs for each species. This provision is 
necessary to reduce incentives to utilize this flexibility in 
situations other than adverse weather conditions. This is a 
conservative approach that will help ensure the TACs are not exceeded.

Recreational Restrictions

    Comment 24: One commenter indicated that the recreational fishery 
is not responsible for the excessive F observed on GOM cod. This 
individual suggested that the commercial sector caused such F and 
should, therefore, bear the responsibility for reducing F on GOM cod. 
Two other commenters supported the recreational measures.
    Response: Both the recreational and commercial fishing sectors 
catch GOM cod and contribute to the mortality on GOM cod stocks. During 
the development of FW 42, the Council decided that both the 
recreational and commercial fishing sectors should take an equivalent 
proportionate reduction in F. According to GARM II, F on GOM cod needs 
to be reduced by 32 percent to maintain the Amendment 13 rebuilding 
program during FY 2006. The recreational measures in this emergency 
action were proposed by the Recreational Advisory Panel during the 
development of FW 42, and are designed to achieve at least a 32-percent 
reduction in F on GOM cod from the recreational fishing sector.
    Comment 25: One individual expressed concern over the potential 
administrative conflict between the existing regulations at Sec.  
648.82(f)(2) that require charter/party vessels intending to fish in 
any of the GOM closed areas (including the GOM rolling closure areas) 
to obtain a LOA and participate in the charter/party fishery for a 
minimum period of 3 months and the proposed seasonal GOM cod possession 
prohibition. This commenter indicated that the proposed seasonal GOM 
cod possession prohibition, in conjunction with the 3-month minimum 
participation period requirement of the LOA, would force vessels to 
obtain another LOA for the start of the next fishing year, as the 
beginning of the new charter boat season (presumably April 1) would 
only allow for 60 days of participation before the end of the fishing 
year. The commenter suggested that NMFS revise the minimum 
participation period under this emergency action.
    Response: The proposed seasonal GOM cod possession prohibition for 
charter/party vessels would neither affect the minimum participation 
period for the charter/party LOA, nor affect the ability for charter/
party vessels to obtain such a LOA at any time during the fishing year. 
The proposed measures allow charter/party vessels to obtain a LOA to 
fish within the GOM closed areas throughout the fishing year, provided 
such vessels do not possess GOM cod between November through March. The 
minimum participation period requirement was developed by the Council 
in FW 33 to the FMP to minimize the monitoring and enforcement 
difficulties associated with charter/party vessels fishing in the GOM 
closed areas on one trip and then fishing under the commercial fishing 
regulations on a subsequent trip. The concern at the time was that such 
vessels would retain any cod caught in the closed areas under the 
charter/party regulations to sell upon landing on a subsequent 
commercial fishing trip. The Council has not proposed any changes to 
this minimum participation period, as the original problem that such a 
minimum participation period addresses still exists. As a result, it 
would be inappropriate to revise the minimum participation period under 
this action. Further, current policy requires charter/party vessels to 
obtain a new LOA for the start of the next fishing year on May 1, to 
accurately document the number of LOAs that were issued in a particular 
fishing year. Allowing vessels to continue the participation period of 
a LOA between fishing years would undermine this effort. As a result, 
no changes to the minimum participation period or the current LOA 
issuance policy were made in this emergency action.

General Comments

    Comment 26: Three commenters opposed this emergency action, stating 
that NMFS cannot use emergency authority to implement management 
measures that would affect stocks that are not overfished and that do 
not need additional F reductions. Further, one commenter indicated that 
NMFS does not have the authority to address monkfish through an 
emergency action under the NE Multispecies FMP. However, one commenter 
felt that the proposed emergency action is necessary and appropriate, 
as it is important to maintain progress in the Amendment 13 rebuilding 
programs.
    Response: Section 305(c) of the Magnuson-Stevens Act specifies 
that, if the Secretary ``finds that an emergency or overfishing exists 
or that interim measures are needed to reduce overfishing for any 
fishery, he may promulgate emergency regulations or interim measures to 
address the emergency or overfishing, without regard to whether a 
fishery management plan exists for such fishery.'' As a result, NMFS, 
acting on behalf of the Secretary, does have the authority to implement 
measures to address an emergency in the groundfish fishery, including 
implementing regulations that would affect participants in the monkfish 
fishery. The need for emergency action is well specified in the 
preamble to the proposed rule for this action and in the EA prepared 
for this action. Stocks in need of F reductions for FY 2006 are located 
in all areas. In addition, while there are some stocks that do not need 
immediate F reductions to comply with the Amendment 13 rebuilding 
programs, several of these stocks, in particular, GB cod and GB 
yellowtail flounder, are severely overfished and overfishing is still 
occurring. Due to the commingled nature of the groundfish fishery, it 
is very difficult to design management measures that would reduce F on 
some groundfish stocks, but not others. As a result, regardless of the 
measures implemented, F on all stocks is likely to decline. Because of 
the identified need to reduce F on several groundfish stocks located in 
all areas managed by the NE Multispecies FMP, and because other stocks 
are still overfished with overfishing still occurring, it is entirely 
appropriate to promulgate emergency regulations

[[Page 19365]]

under the authority of section 305(c) of the Magnuson-Stevens Act. In 
addition, the preamble of the proposed rule indicated that overfishing 
continues in the monkfish fishery and that the pace of rebuilding has 
slowed. The EA prepared for this action demonstrates that the Regular B 
DAS Pilot Program implemented by FW 40A to the FMP was a substantial 
source of F for the monkfish fishery. Therefore, this emergency action 
eliminates the possibility that this program would be used to target 
monkfish, providing the necessary means to reduce overfishing for this 
fishery, as provided by the authority in section 305(c) of the 
Magnuson-Stevens Act.
    Comment 27: One commenter offered that the haddock separator trawl 
should be required by all vessels fishing on GB.
    Response: As noted in the response to Comment 18, the preamble of 
the proposed rule for this action inadvertently specified that all 
vessels must use a haddock separator trawl when participating in the 
Regular B DAS Program, but should have stated that only trawl vessels 
must use a haddock separator trawl in this program.
    Comment 28: Two commenters felt that the proposed action would 
reward larger offshore vessels at the expense of smaller, inshore 
vessels.
    Response: The proposed action does not specifically favor any one 
group over another. The agency's policy guidelines for implementing 
emergency rules indicates that such rules demonstrate compliance with 
all of the national standards. National Standard 4 guidelines require 
that management measures shall be fair and equitable to all fishermen 
to the extent possible in meeting FMP objectives. The approach to this 
emergency action is consistent with these guidelines.
    Comment 29: One commenter expressed concern that the proposed 
measures are inconsistent with the measures considered by the Council.
    Response: A majority of the measures in this emergency action are 
intended to be consistent with those adopted by the Council in FW 42. 
While specific aspects of the measures proposed by this emergency 
action differ with what the Council ultimately adopted in FW 42, the 
emergency measures follow the same principles as the Council did in 
adopting FW 42. For instance, in FW 42, the Council chose to adopt 
differential DAS counting as the main measure to reduce F in the GOM 
and SNE/MA RMAs. This emergency action also relies upon differential 
DAS counting in these areas, although applied throughout the GOM, and 
SNE/MA RMAs, as opposed to discrete areas in the GOM and SNE/MA RMAs 
adopted in FW 42. In addition, this emergency action implements the GB 
winter flounder and white hake trip limits proposed in FW 42 in lieu of 
differential DAS counting for vessels operating in the U.S./Canada 
Management Area.
    Comment 30: Four commenters did not support the approach taken by 
the proposed emergency action and instead proposed alternative 
management regimes, including the Northeast Seafood Coalition's recent 
``Industry Proposal'' or the GOM Inshore Fisheries Conservation and 
Stewardship Plan that was previously considered during the development 
of Amendment 13.
    Response: It would be inappropriate to implement either of these 
alternatives outside of the Council process. Such comprehensive 
alternative management regimes should be afforded careful consideration 
and extensive public debate concerning the possible implications of 
such shifts in management strategy that is provided by the Council 
process. The ``industry proposal'' was analyzed by the Groundfish PDT 
in late March 2006. This analysis concluded that this program would not 
meet the conservation objectives of the FMP. Although Amendment 13 
contained a description of the GOM Inshore Fisheries Conservation and 
Stewardship Plan, no analysis regarding the impacts of this plan has 
been conducted to date.
    Comment 31: One commenter contested that the EA prepared for this 
action did not consider a reasonable set of alternatives, asserting 
that the National Environmental Policy Act (NEPA) requires that at 
least one reasonable alternative in addition to the proposed action 
needs to be considered.
    Response: NOAA Administrative Order 216-6 provides guidance on the 
environmental review procedures for complying with NEPA and the 
implementing regulations issued by the Council on Environmental 
Quality. This guidance requires that any EA prepared in the support of 
a management action must consider all reasonable alternatives, 
including the preferred action and the no action alternative. The EA 
prepared for this emergency action does consider a range of reasonable 
alternatives, including the preferred action and the no action 
alternative. The appropriate range of reasonable alternatives is 
generally those that meet the purpose and need for the action. The 
purpose of this action is to implement simple, short-term emergency 
management measures by the start of FY 2006 in order to immediately 
reduce F on several groundfish stocks to maintain the Amendment 13 
rebuilding programs and compliance with the Magnuson-Stevens Act. 
Further, the current regulations require that any management measures 
necessary to maintain the Amendment 13 rebuilding programs must be 
implemented by May 1, 2006. Because the measures adopted by the Council 
were not developed in time to meet the May 1, 2006, implementation 
date, emergency measures needed to be developed and analyzed prior to 
the Council's final vote on FW 42. Because any emergency measures would 
likely have differed with those finally adopted under FW 42, there is 
also a need to ensure that any proposed emergency management measures 
are consistent with those adopted under FW 42 to minimize confusion by 
the industry and facilitate adaptation to the FW 42 measures, if 
approved and implemented. Because of the rather narrow set of 
objectives for this emergency action, the range of reasonable 
alternatives was limited to those alternatives that would meet the 
purpose and need of this action. Other alternatives were considered for 
this emergency action but were not fully analyzed in the EA because 
they did not adequately address the purpose and need for this action. 
These other alternatives included area closures and a hard-TAC 
management regime. Based upon public comment, NMFS considered two 
additional management options for the elimination of differential DAS 
counting on GB. As discussed above in the response for Comment 7, NMFS 
prepared a preliminary analysis for these options. Based on this 
preliminary analysis, it was clear that only one option should be more 
thoroughly considered. A full analysis of this option was developed and 
included as an addendum to the original EA prepared for this action. 
Based upon this analysis, NMFS has revised the proposed emergency 
action to remove the differential DAS counting measure for those 
vessels participating in the U.S./Canada Management Area and implement 
the proposed FW 42 trip limits for GB winter flounder and white hake, 
instead. As a result, a reasonable range of alternatives considered for 
this action includes the revised proposed action, the original proposed 
action, and the no action alternative.
    Comment 32: One elected official contested that welfare and 
economic issues have not been thought out properly.
    Response: The analysis and consideration of the economic impacts of 
the emergency action are consistent with current agency guidance and 
applicable statutes regarding the

[[Page 19366]]

economic analysis of fishery management actions. The economic impact 
analysis contained in the EA prepared for this action presents a 
comprehensive evaluation of the expected economic impacts of the 
proposed measures. Although this economic analysis does not 
specifically address welfare issues, the economic impacts to fishing 
communities are detailed in the EA. Therefore, the economic analysis 
prepared for this action sufficiently addresses the economic issues 
associated with the proposed emergency action, as required by current 
analytical guidance and the Magnuson-Stevens Act.
    Comment 33: One environmental group specified that the EA prepared 
for this action needs to state the probability that measures will 
achieve projected results.
    Response: The biological analysis prepared for this action does 
specify the probability that measures will achieve the estimated 
reductions in F. Section 8.1.1.1 of the EA prepared for this action 
specifies that the estimated F reductions represent the median outcome 
that can be expected from the proposed measures. This means that the 
proposed measures have at least a 50-percent probability of achieving 
the specified results.
    Comment 34: One individual requested that NMFS eliminate the 
haddock trip limit for the 2006 fishing year.
    Response: The regulations at Sec.  648.86(a)(1)(iii)(B) allow the 
Regional Administrator to adjust or eliminate the haddock trip limit 
per DAS or the maximum trip limit if it is projected that such 
revisions to the haddock trip limit are sufficient to allow the harvest 
of at least 75 percent of the target TAC, but not allow the target TAC 
to be exceeded during the fishing year. For FY 2006, the U.S. portion 
of the proposed target TAC for haddock (GB and GOM combined) for is 
36,588 mt. A projection of haddock landings for FY 2006 indicated that 
less than 75 percent of the proposed target TAC for the 2006 fishing 
year would be harvested by the end of the fishing year on April 30, 
2007, under the restrictive daily and maximum trip limits. This 
projection also concluded that elimination of the daily and maximum 
trip limits for haddock would not result in the 2006 target TAC for 
haddock being exceeded. Because eliminating the daily and maximum trip 
limits for haddock would facilitate the achievement of OY for the 
groundfish fishery, the daily and maximum trip limits for haddock are 
eliminated for the duration of this emergency action.

Changes From the Proposed Rule

    NMFS has made several changes to the proposed rule as a result of 
public comment, to correct inadvertent errors, and to further clarify 
specific measures. These changes are listed below in the order that 
they appear in the regulations.
    In 648.14, additional paragraphs are suspended and others added to 
correct reference errors. Paragraphs (a)(179) and (180) are inserted to 
specify that vessels must submit an additional catch report for 
yellowtail flounder via VMS within 2 hours of crossing the border into 
or out of the Western U.S./Canada Area and are prohibited from fishing 
both inside and outside of this area unless this additional catch 
report is submitted.
    In Sec.  648.82, paragraphs (n)(2) and (s)(1)(iii) are revised to 
account for revisions to the way DAS are charged under this emergency 
interim rule. These revisions include specifying that Category A DAS 
will be charged at a rate of 1.4:1 for all vessels fishing outside of 
the U.S./Canada Management Area and not under the U.S./Canada Resource 
Sharing Understanding. Vessels fishing within the U.S./Canada 
Management Area and under the U.S./Canada Resource Sharing 
Understanding will be charged Category A DAS used at a rate of 1:1. 
Finally, language clarifying how DAS will be charged for vessels 
fishing within the Western U.S./Canada Area is inserted.
    In Sec.  648.85, paragraph (a)(3)(viii) is modified to clarify that 
a vessel intending to fish outside of either the Western or Eastern 
U.S./Canada Area must declare its intent to do so via VMS prior to 
leaving the dock and/or leaving the Eastern U.S./Canada Area, 
respectively.
    In Sec.  648.86, paragraphs (b)(1)(ii) and (b)(2)(ii) are revised 
to account for revisions to the cod running clock provision due to 
differential DAS counting under this action. In addition, paragraph (e) 
is revised, and paragraph (j) is added to implement trip limits for 
white hake and GB winter flounder, respectively.
    In Sec.  648.92, paragraph (b)(2)(iv) is revised to correct an 
inaccurate reference to Sec.  648.92(b)(2)(ii) that should read Sec.  
648.92(b)(2)(v). In addition, language referring to the requirement 
that monkfish Category C or D vessels utilize their monkfish DAS, in 
conjunction with a NE multispecies DAS, before it can use any monkfish-
only DAS is reinserted after being inadvertently omitted from the 
proposed rule. Finally, language clarifying how the calculation of 
monkfish-only DAS is affected by differential DAS counting is inserted.

Classification

    The Regional Administrator has determined that the management 
measures implemented by this interim final rule are necessary for the 
conservation and management of the NE multispecies fishery, and are 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This emergency interim final rule has been determined not to be 
significant for the purposes of Executive Order (E.O.) 12866.
    This emergency interim final rule does not contain policies with 
Federalism or ``takings'' implications as defined in E.O. 13132 and 
E.O. 12630, respectively.
    An EA was prepared for this action that analyzed the environmental 
impacts of the measures being implemented, as well as alternatives to 
such measures. An addendum to this EA was prepared which includes 
additional analysis describing the impacts of one other option 
considered by NMFS in order to implement the proposed FW 42 trip limits 
for GB winter flounder and white hake, and to eliminate differential 
DAS counting from the U.S./Canada Management Area on GB. The EA and the 
addendum to the EA considered the extent to which the impacts could be 
mitigated, and considered the objectives of the action in light of 
statutory mandates, including the Magnuson-Stevens Act. NMFS also 
considered public comments received during the comment period of the 
proposed rule. A copy of the Finding of No Significant Impact for the 
EA prepared for this action is available from the Regional 
Administrator (see ADDRESSES).
    Pursuant to 5. U.S.C. 553(d)(3), the Assistant Administrator finds 
good cause to waive the 30-day delayed effectiveness for the measures 
implemented by this emergency interim final rule. As detailed above, 
due to the delayed development of FW 42, this emergency Secretarial 
action is necessary to implement measures that would immediately reduce 
F on certain stocks by the start of the fishing year on May 1. NMFS 
only became aware that FW 42 would be delayed at the November 2005 
Council meeting. This delay limited the ability of NMFS to develop 
emergency management measures and prepare the relevant analyses to 
implement such measures, after consideration of public comment, in time 
to allow delayed effectiveness before the beginning of FY 2006. In 
addition, because the measures

[[Page 19367]]

included in FW 42 were not formally adopted by the Council until its 
meeting in late January 2006, it was not possible to develop management 
measures that exactly mirrored those adopted by the Council until the 
preparation of this interim final rule. This caused further delay in 
the preparation of this interim final rule. The current regulations 
require that any management measures necessary to reduce F for stocks 
that do not achieve the Amendment 13 F objectives for FY 2006 must be 
implemented by the start of FY 2006. Failure to waive the 30-day delay 
in effectiveness would prevent such measures from being implemented on 
May 1, 2006, allowing existing regulations to continue. According to 
the analysis prepared for this action, the existing regulations are not 
sufficient to reduce F on several groundfish stocks to meet the F 
objectives of the Amendment 13 rebuilding programs for FY 2006. The 
existing management measures would, therefore, allow for the 
continuation of overfishing on specific groundfish stocks such as GOM 
cod, CC/GOM and SNE/MA yellowtail flounder, GB winter flounder, and 
white hake, stocks in need of F reductions for the start of FY 2006.

Public Reporting Burden

    This emergency action contains collection-of-information 
requirements subject to the Paperwork Reduction Act (PRA) that have 
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, OMB0648-0202 (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 
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 information.
    The information collection for the declaration of the intent to 
fish inside and outside of the Eastern U.S./Canada Area is 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 type of 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 reduces the burden 
associated with that measure and adds 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 more accurately reflect vessel practices. To 
document this revision, the information collection previously approved 
by OMB under OMB 0648-0202 is being revised by means of a 
worksheet, as authorized by consultation with OMB.

Final Regulatory Flexibility Analysis (FRFA)

    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), prepared this FRFA in support of the measures for implementation 
through this emergency action. The FRFA describes the economic impacts 
that this emergency action will have on small entities. The FRFA 
incorporates the economic impacts summarized in the Initial Regulatory 
Flexibility Analysis (IRFA) for the proposed rule, based upon the 
corresponding economic analysis of the EA and the addendum to the EA 
prepared for this action to reflect changes from the proposed rule to 
the final interim rule; the comment and response section of this 
interim rule; and the other analyses contained in the EA for this 
action. For the most part, those impacts are not repeated here. A copy 
of the IRFA, the FRFA, the RIR, the EA, and the addendum to the EA 
prepared for this action are available from NMFS, Northeast Regional 
Office and are available on the Northeast Regional Office Web site (see 
ADDRESSES). A description of why this action was considered, the 
objectives of, and the legal basis for this final rule are contained in 
the preamble to this rule, the preamble of the proposed rule for this 
action, and in the EA prepared for this action and are not repeated 
here. In summary, this rule implements measures to immediately reduce F 
on particular groundfish stocks for the start of FY 2006 on May 1, 
2006. This action is necessary to maintain efforts to continue the 
rebuilding programs established under Amendment 13 and maintain 
compliance with the requirements of the Magnuson-Stevens Act. The DAS 
Leasing Program and a modified Regular B DAS Program are 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 in this action. The measures implemented by this action are 
necessarily limited in scope because they are intended only to provide 
sufficient temporary reduction in F for several groundfish stocks so as 
not to jeopardize the rebuilding programs of several groundfish stocks 
while NMFS and the Council implement more permanent management measures 
through FW 42.

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

    NMFS received 45 comments on the proposed rule. Of these, only one 
related to the IRFA. A summary of the economic issues raised, and 
NMFS's responses, follow:

[[Page 19368]]

    Comment A: One industry group claims that the EA prepared for this 
action ignores the biological and economic impacts of differential DAS 
counting on monkfish Category C and D vessels.
    Response: NMFS acknowledges that the EA, including the IRFA, 
prepared for this action inadvertently failed to fully assess the 
biological and economic impacts of differential DAS counting on 
monkfish Category C, D, F, G, or H vessels. This was an oversight and 
has been addressed through updates to the EA included in an addendum to 
the original EA. However, the economic impacts analysis prepared for 
this action did include the affects of the proposed measures on total 
fishing revenue. Total fishing revenue includes impacts on revenue 
generated from the catch and subsequent sale of monkfish. As a result, 
the EA did include some assessment of the economic impacts of 
differential DAS counting on the monkfish fishery.

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

    This interim final rule implements measures that have the potential 
to affect any vessel currently issued a limited access NE multispecies 
permit or an open access NE multispecies charter/party permit. However, 
for the purposes of determining impacts, only vessels that actually 
participated in an activity during FY 2004 that would be affected by 
the proposed action were considered for analysis. During FY 2004, a 
total of 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 FY 
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 this action. Based on FY 2004 
data, measures implemented by this rule 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 this 
action. Of these, 858 commercial fishing vessels are estimated to be 
affected, including 132 limited access monkfish Category C or D vessels 
that fished in the Regular B DAS Pilot Program during FYs 2004-2005.
    The Small Business Association (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 FY 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 fall under the SBA size standard for 
small entities and, therefore, there is no differential impact between 
large and small entities.

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

    The measures implemented by this emergency action include 
collection-of-information requirements subject to the PRA that have 
been previously approved by OMB under control numbers 0648-0202, 0648-
0212, and 0648-0475. Measures implemented by this emergency action 
include the following provisions requiring either new or revised 
reporting and recordkeeping requirements: (1) VMS purchase and 
installation; (2) VMS proof of installation; (3) automated VMS polling 
of vessel position; (4) declaration of intent to participate in the 
Regular B DAS Program or fish in the U.S./Canada Management Area and 
associated SAPs and DAS to be used via VMS prior to each trip into the 
Regular B DAS Program or a particular SAP; (5) notice requirements for 
observer deployment prior to every trip into the Regular B DAS Program 
or the U.S./Canada Management Area and associated SAPs; (6) 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 
Area and associated SAPs, respectively; (7) daily electronic catch and 
discard reports of GB yellowtail flounder when fishing on a combined 
trip into the Western U.S./Canada Area; (8) DAS ``flip'' notification 
via VMS for the Regular B DAS Program; (9) DAS Leasing Program 
application; and (10) declaration of intent to fish inside and outside 
of the Eastern U.S./Canada Area on the same trip.
    It is difficult to estimate accurately the total reporting and 
recordkeeping burden associated with this action since the frequency of 
participation in the Regular B DAS Program, the Eastern U.S./Canada SAP 
Pilot Program, the DAS Leasing Program, and fishing both inside and 
outside of the Eastern U.S./Canada Area on the same trip will be 
determined entirely by each vessel owner.
    All participants in the Regular B DAS Program or the U.S./Canada 
Management Area and its SAPs must use VMS. All vessels that do not 
currently possess VMS must obtain one in order to participate in the 
programs implemented in this interim final rule. The cost of purchasing 
and installing VMS, along with the associated basic operational costs, 
have already been considered in previous analyses submitted in 
accordance with the PRA. Accordingly, the costs associated with the 
purchase, installation, and operation of VMS units are not summarized 
here. The new information-collection provisions associated with this 
emergency action involve the declaration of the intent to participate 
in these programs and the daily electronic reporting of catch and 
discards of fish by vessels electing to fish in the Regular B DAS 
Program, the Eastern U.S./Canada SAP Pilot Program, and vessels fishing 
both inside and outside of the Eastern U.S./Canada Area on the same 
trip. This information is required to be submitted via VMS. 
Participating vessels will pay the costs associated with such 
declarations. Since the costs for these submissions have previously 
been approved by the OMB, as specified above, there are no additional 
costs to the public associated with measures implemented by this 
emergency action. Only the minimum data to meet the requirements of the 
above data needs are requested from all participants. Since all of the 
respondents are small businesses, separate requirements based on the 
size of the business have not been developed.

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    Because this action largely builds on and amends Amendment 13 and 
subsequent framework actions, measures for which numerous alternatives 
were considered, and because of the focused objectives of this action, 
NMFS only fully considered two main alternatives for analysis: The 
proposed emergency action and the No Action alternative. Two other main

[[Page 19369]]

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 to reduce F on GOM cod 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, resulting in significant economic impacts to the fishing 
industry operating in the GOM; and could have caused unnecessary 
impacts on healthy groundfish stocks, thereby reducing opportunities 
for vessels to target and generate revenue from these stocks and 
achieve OY. The hard-TAC alternative included hard TACs for species 
requiring F reductions for FY 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 
because such an alternative would be inconsistent with measures adopted 
in FW 42. In response to public comment and other concerns, two 
additional options to the preferred alternative were considered to 
remove the differential DAS counting measure on GB. These two options 
to revise the preferred alternative consist of all of the measures 
included within the original preferred alternative, with the exception 
that the differential DAS counting measure was eliminated from the 
U.S./Canada Management Area on GB and replaced with the proposed FW 42 
trip limits for GB winter flounder and white hake. The two additional 
options to modify the differential DAS counting measure include: (1) 
Eliminate differential DAS counting for the entire U.S./Canada 
Management Area, and (2) eliminate differential DAS counting from just 
the Eastern U.S./Canada Area. Preliminary analysis of these two options 
indicated that Option 1 would provide comparable and slightly better 
ecological benefits as the original preferred alternative or Option 2, 
with substantially fewer adverse economic impacts. For example, the 
original preferred alternative and Option 2 would achieve the necessary 
F reductions for three stocks (GOM cod, SNE/MA winter flounder, and 
white hake) while substantially reducing F, and, therefore, yield, from 
other healthy groundfish stocks. In contrast, the measures in Option 1 
will achieve the necessary F reductions for four stocks (GOM cod, SNE/
MA winter flounder, SNE/MA yellowtail flounder, and white hake), with 
fewer reductions in yield from healthy groundfish stocks. The original 
preferred alternative and Option 2 would have resulted in a total 
reduction in groundfish sales of approximately $22.6 million and $21.6 
million, respectively. However, the measures in Option 1 will result in 
a total reduction in groundfish sales of only $16.8 million. As a 
result, NMFS is implementing measures in Option 1 as the revised 
preferred alternative, as they would achieve similar, if not better, 
ecological benefits than the original preferred alternative, but with 
far fewer adverse economic impacts, consistent with the objectives of 
this action, national standards, and other applicable law. The 
remainder of this discussion will focus on the ways in which this final 
rule, in implementing the revised preferred alternative, will minimize 
the adverse economic impacts on small entities. An addendum to the 
original EA prepared for this action was prepared that includes the 
full analysis of the impacts of Option 1 as the revised preferred 
alternative and is available from the Regional Administrator (see 
ADDRESSES).
    Analysis prepared for this 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 implemented by this emergency 
action and described in the SUMMARY section of the preamble. This 
analysis assumed that the measures implemented by this emergency action 
would remain in effect for the duration of FY 2006 (i.e., through April 
30, 2007). 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 on April 30, 2006, and 
the Eastern U.S./Canada Haddock SAP would expire on November 18, 2006.
    The No Action alternative would result in fewer negative economic 
impacts than the measures implemented by this emergency action. 
However, the No Action alternative would not meet the ecological 
objectives of this emergency action. In addition, specific measures 
included in this emergency action provide additional benefits beyond 
the No Action alternative. This emergency action implements programs 
that will provide small entities with additional fishing opportunities 
that are intended to mitigate some of the negative economic impacts 
resulting from the effort reductions implemented under Amendment 13 and 
this emergency action. This emergency action provides these additional 
fishing opportunities, including delaying the start date of the Eastern 
U.S./Canada Haddock SAP Pilot Program and continuing the DAS Leasing 
Program and a modified Regular B DAS Program, without compromising the 
Amendment 13 rebuilding programs. In addition, this emergency action 
also increases opportunities for vessels to more efficiently conduct 
fishing operations by allowing vessels to fish inside and outside of 
the Eastern U.S./Canada Area on the same trip.
    The Eastern U.S./Canada Haddock SAP Pilot Program allows limited 
access NE multispecies vessels the opportunity to use Category A or 
Category B (Regular and Reserve) DAS to target haddock in a designated 
portion of the Eastern U.S./Canada Area. Most of the benefits will be 
limited to relatively large vessels, due to the offshore location of 
the SAP Pilot Program. Participating vessels will be subject to the 
existing requirements of the Eastern U.S./Canada Area, including use of 
a VMS, and a requirement to use a haddock separator trawl. Delaying the 
start date of this SAP beyond the spawning period for species caught 
under this SAP is intended to provide further protection for GB cod and 
GB yellowtail flounder by eliminating bycatch of these species under 
this SAP from May through July and to increase ex-vessel prices for 
fish landed, as lower prices are often observed during that period due 
to the poor condition of the fish as a result of recent spawning. The 
implementation of additional incidental catch TACs for GB winter 
flounder and GB yellowtail flounder may result in these TACs being 
caught early in the program, resulting in the prohibition on the use of 
Category B (Regular and Reserve) DAS in this SAP for the duration of 
the season. However, these TACs provide incentives to properly 
configure the haddock separator trawl and avoid catching such stocks, 
resulting in prolonging access to this program under a Category B DAS 
and increasing the probability that more of the available haddock TAC 
will be caught. Therefore,

[[Page 19370]]

these incidental catch TACs, in addition to delaying the start date for 
this SAP, may prolong access to this SAP, resulting in potentially 
higher ex-vessel prices, as landings of higher quality fish are spread 
out throughout the season, and a higher probability that the available 
haddock TAC can be harvested.
    Total revenues from the use of Regular B DAS over the duration of 
the Pilot Program were conservatively estimated at $10.4 million. This 
emergency action reduces the number of allowable Regular B DAS during 
quarter 1 to 500 DAS, while leaving the allowable Regular B DAS for 
quarters 2-4 at 1,000 DAS. In addition, this action restricts the use 
of Regular B DAS to the U.S./Canada Management Area, requires the use 
of a separator trawl, and designates both GB winter flounder and GB 
yellowtail flounder as stocks of concern with 100 lb (45 kg) per DAS 
trip limits. Although it could limit participation in the program, 
neither restricting the area for Regular B DAS, nor the separator trawl 
requirement is expected to necessarily change the potential earnings 
from the Regular B DAS Program. However, both GB yellowtail and winter 
flounders were important contributors to total Regular B DAS trips. 
Analysis of catch data on trips taken in the Pilot Program indicate 
that catch rates of stocks of concern may be too high, resulting in a 
closure of the area for Regular B DAS before even half of the allotted 
B DAS are used. This analysis suggests that potential revenues from the 
Regular B DAS Program may be reduced by more than two-thirds, to about 
$3 million. Despite this reduction in potential revenues, the modified 
Regular B DAS Program implemented by this emergency action will result 
in some additional sources of fishing revenue for FY 2006. Since the 
Regular B DAS Pilot Program expired on October 31, 2005, the No Action 
alternative would yield no economic benefits from this program. 
Therefore, the modified Regular B DAS Program implemented by this 
emergency action is favorable when compared to the No Action 
alternative.
    This emergency action allows vessels to fish inside and outside of 
the Eastern U.S./Canada Area on the same trip, which increases 
flexibility of vessel operations and reduces the risk of an 
unprofitable trip into the Eastern U.S./Canada Area. Without such 
flexibility, if a vessel does not locate a profitable amount of fish in 
the Eastern U.S./Canada Area, it would not have the option of fishing 
outside the area on the same trip. The No Action alternative would 
prohibit vessels from fishing inside and outside of this area on the 
same trip, and would not reduce the risk of an unprofitable trip. 
Therefore, the measure implemented by this emergency action is 
favorable when compared to the No Action alternative, as it would 
increase the flexibility, and therefore profitability, of trips into 
the Eastern U.S./Canada Area.
    Under this emergency interim rule, the DAS Leasing Program will be 
continued unchanged, although the differential DAS counting measure 
implemented by this rule will likely have an impact on the price of a 
leased DAS. Differential DAS counting means that a vessel that may want 
to lease DAS may need to lease a larger number of DAS to get in the 
desired actual fishing time. Despite this, the continuation of the DAS 
Leasing Program provides additional opportunities for vessels to fish 
compared to the No Action alternative, as the DAS Leasing Program would 
otherwise expire on April 30, 2006.
    Finally, this action relieves a restriction by eliminating 
unnecessary daily and maximum trip limits for haddock for FY 2006. 
These limits were implemented to prevent the target TAC for haddock 
from being exceeded. The target TAC for haddock has not been exceeded 
since 1996. Eliminating these restrictions will allow the fishing 
industry to harvest at least 75 percent of the target TAC for haddock 
during FY 2006. Further, eliminating these restrictions will allow 
vessels to possess and land haddock in excess of the daily and maximum 
trip limits, thereby preventing biological waste and providing an 
opportunity to offset some of the adverse economic impacts resulting 
from the implementation of Amendment 13 and this emergency action.
    Despite the fewer negative economic impacts likely to result from 
the No Action alternative, this alternative would not result in 
sufficient reductions in F for specific groundfish stocks necessary to 
maintain the rebuilding programs established under Amendment 13. As a 
result, the No Action alternative would not prevent overfishing, as 
required by the Magnuson-Stevens Act. While the measures implemented by 
this emergency action do not, by themselves, prevent overfishing, in 
conjunction with the measures adopted by the Council for implementation 
under FW 42, these measures will prevent overfishing and assist the 
fishery to meet the Amendment 13 rebuilding objectives during FY 2006, 
as required by the Magnuson-Stevens Act. The measures implemented by 
this emergency action were selected because they meet statutory 
requirements, as well as the objectives of this action, and attempt to 
minimize the expected economic impacts as much as possible.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA) states that for each rule or group of related 
rules for which an agency is required to prepare a FRFA, the agency 
shall publish one or more guides to assist small entities in complying 
with the rule, and shall designate such publications as ``small entity 
compliance guides.'' The agency shall explain the actions a small 
entity is required to take to comply with a rule or group of rules. In 
conjunction with this rulemaking process, a small entity complaince 
guide was prepared. Copies of the guide will be sent to all holders of 
limited access NE multispecies permits permits. Copies of the guide can 
also be obtained from the Regional Administrator (see ADDRESSES) and is 
available on the Internet at http://www.nero.noaa.gov.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 7, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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


0
2. In Sec.  648.4, 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) * * *

[[Page 19371]]

    (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). 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.
    (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 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.

[[Page 19372]]

    (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) * * *
    (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.
* * * * *

0
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 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

[[Page 19373]]

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 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.

0
4. In Sec.  648.14, paragraphs (a)(172), (c)(19), (c)(21) through (23), 
(c)(33) through (35), (c)(37), (c)(39), (c)(43), (c)(49) through (52), 
(c)(54) through (66), (c)(70), (c)(78), (c)(80), (y)(15), and (bb)(22) 
are suspended; and paragraphs (a)(173) through (178), (c)(81) through 
(116), (g)(4), (y)(22), and (bb)(23) 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) Fail to comply with the exemption specifications as described 
in Sec.  648.86(i)(4).
    (82) Fail to declare, and be, out of the non-exempt gillnet fishery 
as required by Sec.  648.82(s)(1)(ii), using the procedure specified in 
Sec.  648.82(q).
    (83) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(i)(1)(i), unless the vessel is fishing under the cod exemption 
specified in Sec.  648.86(i)(4).
    (84) Fail to remain in port for the appropriate time specified in 
Sec.  648.86(i)(1)(ii)(A), except for transiting purposes, provided the 
vessel complies with Sec.  648.86(i)(3).
    (85) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(i)(2)(ii) or (iii).
    (86) Fail to remain in port for the appropriate time specified in 
Sec.  648.86(i)(2)(iii)(A), except for transiting purposes, provided 
the vessel complies with Sec.  648.86(i)(3).
    (87) Lease NE multispecies DAS or use leased DAS that have not been 
approved for leasing by the Regional Administrator as specified in 
Sec.  648.82(t).
    (88) Provide false information on the application for NE 
multispecies DAS leasing, as required under Sec.  648.82(t)(3).
    (89) Act as lessor or lessee of NE multispecies DAS, if the vessels 
are not in accordance with the size restrictions specified in Sec.  
648.82(t)(4)(ix).
    (90) Lease more than the maximum number of DAS allowable under 
Sec.  648.82(t)(4)(iv).
    (91) Lease NE multispecies DAS in excess of the duration specified 
in Sec.  648.82(t)(4)(viii).
    (92) If fishing under the cod trip limit specified in Sec.  
648.86(i)(2)(ii), fail to

[[Page 19374]]

obtain an annual declaration, or fish north of the exemption line 
specified in Sec.  648.86(i)(4).
    (93) Discard legal-sized regulated multispecies while fishing under 
a Regular B DAS in the Regular B DAS Pilot Program, as described in 
Sec.  648.85(b)(10).
    (94) If fishing under a Regular B DAS in the Regular B DAS Pilot 
Program, fail to comply with the DAS flip requirements of Sec.  
648.85(b)(10)(iv)(E) if the vessel harvests and brings on board more 
than the landing limit for a groundfish stock of concern specified in 
Sec.  648.85(b)(10)(iv)(D).
    (95) If fishing in the Regular B DAS Pilot Program, fail to comply 
with the restriction on DAS use as specified in Sec.  
648.82(v)(2)(i)(A).
    (96) 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).
    (97) 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).
    (98) 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).
    (99) 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).
    (100) 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).
    (101) 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).
    (102) 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).
    (103) 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).
    (104) 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).
    (105) 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).
    (106) 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).
    (107) 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).
    (108) 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).
    (109) 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).
    (110) 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).
    (111) 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).
    (112) 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).
    (113) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), discard legal-sized monkfish.
    (114) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the DAS use restrictions 
specified in Sec.  648.85(b)(7)(iv)(J), and (b)(7)(v)(F) or 
(b)(7)(vi)(G), whichever is applicable.
    (115) Fish in the U.S./Canada Haddock SAP Pilot Program specified 
in Sec.  648.85(b)(8), if the SAP Pilot Program is closed as specified 
in Sec.  648.85(b)(8)(viii)(K) or (L).
    (116) Provide false information on the application to downgrade the 
DAS Leasing Program baseline, as required under Sec.  648.82(t)(4)(xi).
* * * * *
    (g) * * *
    (4) If the vessel is a private recreational fishing vessel, fail to 
comply with the seasonal cod closure 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 prohibition on 
fishing described under Sec.  648.89(c)(2)(vi).
* * * * *
    (y) * * *
    (22) Fish for, possess, or land monkfish with or from a vessel that 
has had the length, GRT, or NT of such vessel or its replacement 
upgraded or increased in excess of the limitations specified in Sec.  
648.4(a)(9)(i)(O) and (F).
* * * * *
    (bb) * * *
    (23) Possess, transfer, receive, sell, purchase, trade, or barter, 
or attempt to transfer, receive, purchase, trade, or barter, or sell 
more than 2,000 lb (907.2 kg) of Atlantic herring per trip from the GB 
haddock stock area defined in Sec.  648.86(i)(6)(v)(B) following the 
effective date of any closure enacted pursuant to Sec.  648.86(a)(3).
* * * * *

0
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 area 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 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.

0
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

[[Page 19375]]

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 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)

[[Page 19376]]

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) 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) 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) 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.
* * * * *

0
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 vessels with a balance 
of both unused Category A DAS and unused Category B DAS at the end of 
the previous fishing year (e.g., for the 2005 fishing year, carry-over 
DAS from the 2004 fishing year), Category A DAS will be carried over 
first, than Regular B DAS, than 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, 
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 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

[[Page 19377]]

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. (i) Vessels fishing 
outside of the U.S./Canada Management Area. For any fishing trip, or 
part of a fishing trip, in which a NE multispecies declares vessel 
declares, pursuant to Sec.  648.85(a)(3)(viii), that it intends to fish 
some or all of its trip, or fishes, some or all of its trip other than 
for transiting purposes, under a Category A DAS outside of the U.S./
Canada Management Area defined at Sec.  648.85(a), 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 on a Category A DAS for 24 hr (1 DAS) 
outside of the U.S./Canada Management Area, 33.6 hr (24 hr x 1.4) will 
be deducted from that vessel's NE multispecies Category A DAS 
allocation. If a fishing trip in which a vessel fishes Category A DAS 
in the GOM and inside the Western U.S./Canada Area on the same trip 
lasts 120 hr (5 DAS), 168 hr (7 DAS) (120 hr x 1.4) will be deducted 
from that vessel's NE multispecies Category A DAS allocation.
    (ii) Vessels fishing in the U.S./Canada Management Area. For any 
fishing trip in which a NE multispecies vessel declares, pursuant to 
Sec.  648.85(a)(3)(viii), that it intends to fish, and fishes, under a 
Category A DAS exclusively within, other than for transiting to and 
from, the U.S./Canada Management Area defined at Sec.  648.85(a), 
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 
1:1. For example, if a vessel declares its intent to fish exclusively 
within the Western U.S./Canada Area and the trip lasts for 120 hr (5 
DAS) including transiting time, 120 hr (5 DAS), will be deducted from 
that vessel's NE multispecies Category A DAS allocation. A fishing 
vessel that declares its intent to fish exclusively in the Eastern 
U.S./Canada Area and fishes a total of 24 hr exclusively in the Eastern 
U.S./Canada Area and, therefore, is not subject to differential DAS 
counting for the part of the trip used to a transit to and from the 
Eastern U.S./Canada Area, shall be charged NE multispecies Category A 
DAS at a 1:1 ratio only for that part of the trip in the Eastern U.S./
Canada Area (i.e., 24 hours, or 1 DAS).
    (3) Regular B DAS Program 24-hr clock. For any fishing trip which a 
NE multispecies vessel elects to fish in the Regular B DAS Program, as 
specified at Sec.  648.85(b)(10), and remains 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 fishes 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 leaves on a trip at 11 p.m. on the first 
calendar day and returns at 10 p.m. on the next 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 may 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. A vessel 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. A vessel 
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, a vessel 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

[[Page 19378]]

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) A vessel shall declare its 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.
    (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; or fishing exclusively within the U.S./Canada Management Area 
specified at Sec.  648.85(a)(1), and therefore subject to the DAS 
accrual provisions of paragraph (n)(2)(ii) of this section, a Day 
gillnet vessel 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), shall accrue 15 hours of DAS 
for each trip of more than 3 hours, but less than or equal to 11 hours. 
For a trip 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, a Trip 
gillnet vessel may fish in an exempted fishery with gillnet gear, as 
authorized under the exemptions in Sec.  648.80. A vessel 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 Lessee vessel must submit a completed 
application form obtained from the Regional Administrator. The 
application must be signed by both Lessor and Lessee and be submitted 
to the Regional Office at least 45 days before the date on which the 
applicants desire to have the leased DAS effective. The Regional 
Administrator will notify the applicants of any deficiency in the 
application pursuant to this section. Applications may be submitted at 
any time prior to the start of the fishing year or throughout the 
fishing year in question, up until March 1. Eligible vessel owners may 
submit any number of lease applications throughout the application 
period, but any DAS may only be leased once during a fishing year.
    (i) Application information requirements. An application to lease 
Category A DAS must contain the following information: Lessor's owner 
name, vessel name, permit number and official number or state 
registration number; Lessee's owner name, vessel name, permit number 
and official number or state registration number; number of NE 
multispecies DAS to be leased; total priced paid for leased DAS; 
signatures of Lessor and Lessee; and date form was completed. 
Information obtained from the lease application will be held 
confidential, according to applicable Federal law. Aggregate data may 
be used in the analysis of the DAS Leasing Program.
    (ii) Approval of lease application. Unless an application to lease 
Category A DAS is denied according to paragraph (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

[[Page 19379]]

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 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

[[Page 19380]]

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 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

[[Page 19381]]

section, shall not occur if the Regional Administrator:
    (i) Determines that one of the following criteria has been met:
    (A) That the Amendment 13 projected target biomass levels for 
stocks targeted by the default measures, based on the 2005 and 2008 
stock assessments, have been or are projected to be attained with at 
least a 50-percent probability in the 2006 and 2009 fishing years, 
respectively, and overfishing is not occurring on those stocks (i.e., 
current information indicates that the stocks are rebuilt and 
overfishing is not occurring); or
    (B) That biomass projections, based on the 2005 and 2008 stock 
assessments, show that rebuilding will occur by the end of the 
rebuilding period with at least a 50-percent probability, and the best 
available estimate of the fishing mortality rate for the stocks 
targeted by the default measures indicates that overfishing is not 
occurring (i.e., current information indicates that rebuilding will 
occur by the end of the rebuilding period and the fishing mortality 
rate is at or below Fmsy).
    (ii) Determines that all other stocks meet the fishing mortality 
rates specified in Amendment 13; and
    (iii) Publishes such determination in the Federal Register, 
consistent with Administrative Procedure Act requirements for proposed 
and final rulemaking.
    (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.
* * * * *

0
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 the gear is 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

[[Page 19382]]

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 Area.
    (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 requirements 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 the CC/GOM 
Yellowtail Flounder Area or the SNE/MA Yellowtail Flounder Area, as 
defined in 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 shall accrue for the entire duration of the trip, 
regardless of whether the vessel began its trip under a Category A or 
Category B DAS. If a vessel fishing within the Eastern U.S./Canada Area 
declares its intent to fish exclusively within the Eastern and Western 
U.S./Canada Areas on the same trip, pursuant to paragraph (a)(3)(viii) 
of this section, Category A DAS shall accrue in accordance with 
Sec. Sec.  648.10(b)(2)(v) and 648.82(n)(2)(ii). If a vessel fishing 
within the Eastern U.S./Canada Area declares its intent to fish within 
the Eastern U.S./Canada Area and outside of the U.S./Canada Management 
Area on the same trip, Category A DAS shall accrue in accordance with 
Sec. Sec.  648.10(b)(2)(v) and 648.82(n)(2)(i).
    (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 declares its intent to do so via VMS 
prior to leaving the dock in accordance with instructions to be 
provided by the Regional Administrator, and 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). Category A DAS shall accrue in 
accordance with the regulations at Sec.  648.82(n)(2)(ii) if the vessel 
fishes outside of the U.S./Canada Management Area on the same trip.
    (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. A Sector vessel 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. A non-Sector vessel 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 a non-Sector 
vessel 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. A vessel 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, is 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 vessel complies 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.

[[Page 19383]]

    (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 DAS and abides by the VMS restrictions of paragraph (b)(8)(viii)(D) 
of this section.
    (4) A vessel that elects 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, a NE multispecies 
vessel fishing any portion of a trip in the Eastern U.S./Canada Haddock 
SAP Pilot Program may not fish for, possess, or land more than 1,000 lb 
(453.6 kg) of cod, per trip, regardless of trip length. A NE 
multispecies vessel fishing in the Eastern U.S./Canada Haddock SAP 
Pilot Program is subject to the haddock requirements described under 
Sec.  648.86(a), 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 a vessel 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, or winter 
flounder 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

[[Page 19384]]

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 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. A vessel issued a 
valid limited access NE multispecies DAS permit and allocated Regular B 
DAS is 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 it complies 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. An eligible vessel is 
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. An eligible vessel 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. A Category C, D, or F monkfish vessel may only participate in 
this program if fishing under a NE multispecies DAS only (i.e., a 
Category C, D, or F monkfish vessel 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 a vessel 
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

[[Page 19385]]

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 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 when 1,000 Regular B DAS have been used 
during any other calendar quarter of the fishing year, in accordance 
with Sec.  648.82(n)(3), 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.
* * * * *

0
9. In Sec.  648.86, paragraphs (b) and (g)(1) and (2) are suspended; 
paragraph (e) is revised; and paragraphs (g)(4) and (5), (i), and (j) 
are added to read as follows:


Sec.  648.86  Multispecies possession restrictions.

* * * * *
    (e) White hake. 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 an open access Handgear B permit, or a limited access 
Handgear A permit, or a vessel fishing under a NE multispecies DAS, or 
a vessel fishing under a monkfish DAS when fishing under the limited 
access monkfish Category C or D permit provisions may land or possess 
on board only up to 500 lb (226.8 kg) per DAS, or any part of a DAS, up 
to a maximum possession limit of 5,000 lb (2,268.1 kg) per trip of 
white hake.
* * * * *
    (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 an 
open access Handgear B permit, or a vessel fishing under a limited 
access Handgear A permit, or a vessel fishing under a NE multispecies 
DAS, or a vessel fishing 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, only as provided for and allowed under 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. Latitude    W. Longitude
--------------------------------------------------------------------------------------------------
SYT13.............................................................           (\1\)     70[deg] 00'
SYT12.............................................................     41[deg] 20'     70[deg] 00'
SYT11.............................................................     41[deg] 20'     69[deg] 50'
SYT10.............................................................     41[deg] 10'     69[deg] 50'
SYT9..............................................................     41[deg] 10'     69[deg] 30'
SYT8..............................................................     41[deg] 00'     69[deg] 30'
SYT7..............................................................     41[deg] 00'     68[deg] 50'
USCA1.............................................................     42[deg] 20'     68[deg] 50'
USCA12............................................................     42[deg] 20'     67[deg] 40'
NYT1..............................................................     43[deg] 50'     67[deg] 40'
NYT2..............................................................     43[deg] 50'     66[deg] 50'
NYT3..............................................................     44[deg] 20'     66[deg] 50'
NYT4..............................................................     44[deg] 20'     67[deg] 00'
NYT5..............................................................           (\2\)    67[deg] 00'
----------------------------------------------------------------------------------------------------------------
\1\ South facing shoreline of Cape Cod, MA.
\2\ East facing shoreline of Maine.


[[Page 19386]]

    (ii) Requirements. A vessel fishing in the Cape Cod/GOM Yellowtail 
Flounder Area must comply with 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. A vessel 
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). A vessel 
subject to these restrictions may transit the SNE/MA Yellowtail 
Flounder Area, provided its fishing 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 under Sec.  648.89, or unless otherwise 
restricted as specified in Sec. Sec.  648.82(u)(3) and (u)(5), and 
648.88(c), a qualified vessel issued a NE multispecies permit and 
fishing with an open access Handgear B permit, or a vessel fishing 
under a limited access Handgear A permit, or a vessel fishing under a 
NE multispecies DAS, or a vessel fishing 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 SNE/MA Yellowtail Flounder Area described in paragraph 
(g)(5)(i) of this section, only as provided for and allowed under the 
requirements and trip limits specified in paragraph (g)(5)(ii) of this 
section.
    (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. Latitude    W. Longitude
------------------------------------------------------------------------
SYT1....................................     38[deg] 00'           (\1\)
SY2.....................................     38[deg] 00'     72[deg] 00'
SY3.....................................     39[deg] 00'     72[deg] 00'
SY4.....................................     39[deg] 00'     71[deg] 40'
SY5.....................................     39[deg] 50'     71[deg] 40'
USCA2...................................     39[deg] 50'     68[deg] 50'
SYT7....................................     41[deg] 00'     68[deg] 50'
SYT8....................................     41[deg] 00'     69[deg] 30'
SYT9....................................     41[deg] 10'     69[deg] 30'
SYT10...................................     41[deg] 10'     69[deg] 50'
SYT11...................................     41[deg] 20'     69[deg] 50'
SYT12...................................     41[deg] 20'     70[deg] 00'
SYT13...................................           (\2\)    70[deg] 00'
------------------------------------------------------------------------
\1\ East facing shoreline of Virginia.
\2\ South facing shoreline of Cape Cod, MA.

    (ii) Requirements. A vessel fishing in the SNE/MA Yellowtail 
Flounder Area must comply with the following requirements:
    (A) The vessel must possess on board a yellowtail flounder 
possession/landing authorization letter issued by the Regional 
Administrator. To obtain this exemption letter the vessel owner must 
make a request in writing to the Regional Administrator.
    (B) The vessel may not fish in the Cape Cod/GOM Yellowtail Flounder 
Area for a minimum of 7 consecutive days (when fishing with a limited 
access Handgear A permit, under the NE multispecies DAS program, or 
under the monkfish DAS program if the vessel is fishing under the 
limited access monkfish Category C or D permit provisions), unless 
otherwise specified in paragraph (g)(3) of this section. A vessel 
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). A vessel subject to these 
restrictions may transit the Cape Cod/GOM Yellowtail Flounder Area, 
provided its fishing 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,

[[Page 19387]]

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 accrued only part of an additional 24 hr 
block on a fishing trip, may come into port with and offload cod up to 
an additional 600 lb (272.2 kg), provided that the vessel notifies NMFS 
that it has an additional day's worth of cod on board as instructed by 
the Regional Administrator, and, if the vessel is not using a VMS, 
calls out of the DAS program as described under Sec.  648.10(c)(7). Any 
such vessel shall be charged DAS rounded up to the next whole DAS, 
based upon the beginning of the trip. Any vessel subject to 
differential DAS counting and returning to port on a trip greater than 
34 hours in duration with an additional day's worth of cod on board 
shall be charged DAS pursuant to the differential DAS counting 
provisions specified at Sec.  648.82(n)(2). For example, a vessel that 
has been called into the DAS program for 25 hr, at the time of landing, 
may land up to 1,200 lb (544.4 kg) of cod and would be charged 48 hours 
of DAS use. A vessel subject to differential DAS counting due to 
fishing outside of the U.S./Canada Management Area that has been called 
into the DAS program for 35 hr, at the time of landing, may land only 
up to 1,200 lb (544.4 kg) of cod and would be charged 49 hr of DAS use 
(35 hours x 1.4).
    (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, pursuant to paragraph 
(i)(4) of this section, 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 for that trip 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 accrued only part of an additional 24 hr 
block on a fishing trip, may come into port with and offload cod up to 
an additional 1,000 lb (453.6 kg), provided that the vessel notifies 
NMFS that it has an additional day's worth of cod on board as 
instructed by the Regional Administrator, and, if the vessel is not 
using a VMS, calls out of the DAS program as described under Sec.  
648.10(c)(7). Any such vessel shall be charged DAS rounded up to the 
next whole DAS, based upon the beginning of the trip. Any vessel 
subject to differential DAS counting and returning to port on a trip 
greater than 34 hours in duration with an additional day's worth of cod 
on board shall be charged DAS pursuant to the differential DAS counting 
provisions specified at Sec.  648.82(n)(2). For example, a vessel that 
has been called into the DAS program for 25 hr, at the time of landing, 
may land up to 2,000 lb (907.2 kg) of cod and would be charged 48 hours 
of DAS use. A vessel subject to differential DAS counting due to 
fishing outside of the U.S./Canada Management Area that has been called 
into the DAS program for 35 hr, at the time of landing, may land only 
up to 2,000 lb (907.2 kg) of cod and would be charged 49 hr of DAS use 
(35 hours x 1.4).
    (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' N. lat. and running eastward along 42[deg]00' 
N. lat. until it intersects with 69[deg]30' W. long., then northward 
along 69[deg]30' W. long. until it intersects with 42[deg]0' N. lat., 
then eastward along 42[deg]20' N. lat. until it intersects with 
67[deg]20' W. long., then northward along 67[deg]20' W. long. until it 
intersects with the U.S.-Canada maritime boundary, provided that it 
does not fish north of this exemption area for a minimum of 7 
consecutive days (when fishing under the 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 is stowed in accordance with one of the 
provisions of Sec.  648.23(b).
    (j) GB winter flounder. 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 an open access Handgear B permit, a vessel fishing under a 
limited access Handgear A permit, a vessel fishing under a NE 
multispecies DAS, or a vessel fishing under a monkfish DAS when fishing 
under the limited access monkfish Category C or D permit provisions may 
not possess or land more than 5,000 lb (2,268.1 kg) per trip of GB 
winter flounder.
* * * * *
    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

[[Page 19388]]

DAS program, and recreational fishing vessels in or possessing fish 
from the EEZ, may not possess fish smaller than the minimum fish sizes, 
measured in total length (TL) as follows:

  Minimum Fish Sizes (TL) for Charter, Party, and Private Recreational
                                 Vessels
------------------------------------------------------------------------
                  Species                               Sizes
------------------------------------------------------------------------
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.
* * * * *

0
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.
* * * * *

0
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)(v) 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 monkfish 
vessel with a limited access NE multispecies DAS permit has a net 
annual allocation of NE multispecies Category A DAS, specified under 
Sec.  648.82(d)(1), that is less than its net annual allocation of 
monkfish DAS. Under this circumstance, the number of monkfish-only DAS 
is equal to the difference between its net allocated monkfish DAS and 
its net allocated NE multispecies Category A DAS, unless modified by 
paragraphs (b)(2)(iv)(A), (B), and (C) of this section to account for 
differential DAS counting of NE multispecies DAS. When the total number 
of NE multispecies Category A DAS has been used, the vessel may utilize 
its monkfish-only DAS without concurrent use of a NE multispecies DAS, 
provided the vessel fishes under the provisions applicable to limited 
access monkfish Category A and B vessels. For the purposes of paragraph 
(b)(2)(iv) of this section, net allocated monkfish DAS is defined as 
the sum of the vessel's allocated monkfish DAS, plus its monkfish 
carry-over DAS, minus any monkfish DAS deducted from that vessel due to 
a DAS sanction, minus any forfeited monkfish DAS due to leasing of NE 
multispecies Category A DAS, pursuant to paragraph (b)(2)(v) of this 
section. For the purposes of paragraph (b)(2)(iv) of this section, net 
allocated NE multispecies Category A DAS is defined as the sum of the 
vessel's NE multispecies DAS allocated, pursuant to Sec.  648.82, plus 
NE multispecies carry-over DAS, minus any NE multispecies DAS deducted 
from that vessel due to a DAS sanction, minus DAS leased to another 
vessel,

[[Page 19389]]

pursuant to Sec.  648.82(t), plus any NE multispecies DAS leased from 
another vessel, pursuant to Sec.  648.82(t).
    (A) Monkfish Category C, D, F, G, or H vessels fishing exclusively 
outside the U.S./Canada Management Area. To adjust for differential DAS 
counting of NE multispecies DAS charged when fishing outside of the 
U.S./Canada Management Area, as specified at Sec.  648.82(n)(2)(i), the 
number of monkfish-only DAS that may be used by a monkfish Category C, 
D, F, G, or H vessel that fishes all of its allocated NE multispecies 
DAS exclusively outside of the U.S./Canada Management Area, as defined 
at Sec.  648.85(a), is calculated using the following formula: 
Monkfish-only DAS = Net Allocated Monkfish DAS Allocation - (Net 
Allocated NE Multispecies Category A DAS / 1.4). For example, if a 
limited access monkfish Category D vessel has net allocations of 40 
monkfish DAS and 30 NE multispecies Category A DAS and fishes all of 
its allocated NE multispecies Category A DAS exclusively outside of the 
U.S./Canada Management Area, the number of monkfish-only DAS that may 
be used by this vessel is equal to 18.57 DAS (40 monkfish DAS-(30 NE 
multispecies Category A DAS / 1.4)).
    (B) Monkfish Category C, D, F, G, or H vessels fishing both inside 
and outside of the U.S./Canada Management Area. To adjust for 
differential DAS counting of NE multispecies DAS on a trip in which a 
vessel fishes inside and outside of the U.S./Canada Management Area on 
the same trip, for each NE multispecies DAS charged when fishing 
outside of the U.S./Canada Management Area, as specified at Sec.  
648.82(n)(2)(i), limited access monkfish Category C, D, F, G, or H 
vessels shall be allocated an additional 0.286 monkfish-only DAS for 
every NE multispecies Category A DAS that vessel used outside of the 
U.S./Canada Management Area. For example, if a vessel has an annual 
allocation of 40 monkfish DAS and 30 NE multispecies Category A DAS, 
the vessel has an annual allocation of 10 monkfish-only DAS. If this 
vessel uses 2 NE multispecies Category A DAS outside of the U.S./Canada 
Management Area, the vessel would actually be charged 2.8 NE 
multispecies Category A DAS (2 x 1.4 = 2.8 DAS), and its monkfish-only 
DAS would be adjusted upward by 0.57 DAS (2 x 0.286 = 0.57 DAS). If 
this same vessel fishes the remainder of its NE multispecies Category A 
DAS (i.e., 28 DAS) exclusively within the U.S./Canada Management Area, 
the vessel would not accrue any additional monkfish-only DAS. 
Therefore, this vessel's total allocation of monkfish-only DAS for the 
fishing year would be 10.57 DAS (10 DAS + 0.57 DAS). This adjustment 
factor is equal to the rate at which monkfish-only DAS increase for 
each additional NE multispecies Category A DAS used outside of the 
U.S./Canada Management Area at a rate of 1.4:1, using the formula: 
Monkfish-only DAS = Net Monkfish DAS Allocation-(Net Groundfish DAS 
Allocation / 1.4).
    (C) Monkfish Category C, D, F, G, or H vessels fishing exclusively 
within the U.S./Canada Management Area. No adjustment of monkfish-only 
DAS is required for a vessel fishing exclusively within the U.S./Canada 
Management Area throughout the fishing year because such a vessel is 
not charged at a differential rate for any NE multispecies Category A 
DAS used. For example, if a limited access monkfish Category D vessel 
has net allocations of 40 monkfish DAS and 30 NE multispecies Category 
A DAS and fishes all of its allocated NE multispecies Category A DAS 
exclusively within the U.S./Canada Management Area, the number of 
monkfish-only DAS that could be used by this vessel is equal to 10 DAS 
(40 Allocated Monkfish DAS--30 Allocated NE Multispecies Category A 
DAS).
    (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.
* * * * *

0
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

[[Page 19390]]

(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.
* * * * *

0
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).
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[FR Doc. 06-3504 Filed 4-7-06; 3:50 pm]
BILLING CODE 3510-22-P