[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Proposed Rules]
[Pages 35600-35606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5537]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060606151-6151-01; I.D. 051906A]
RIN 0648-AU33


Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Framework Adjustment 43

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

ACTION:  Proposed rule; request for comments.

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SUMMARY:  NMFS proposes regulations to implement Framework Adjustment 
43 (Framework 43) to the NE Multispecies Fishery Management Plan (FMP), 
which was developed by the New England Fishery Management Council 
(Council). Framework 43 proposes measures to address the incidental 
catch of NE multispecies by vessels fishing for Atlantic herring. The 
proposed measures would establish a Herring Exempted Fishery. Vessels 
issued a Category 1 Atlantic herring fishing permit (Category 1 
vessels) would be authorized to possess incidentally caught haddock 
until the catch of haddock reached the level specified as an incidental 
haddock catch cap; upon attainment of the haddock catch cap, all 
herring vessels would be limited to 2,000 lb (907 kg) of herring per 
trip, if any of the herring on board was caught within the Gulf of 
Maine/Georges Bank (GOM/GB) Herring Exemption Area defined in Framework 
43. Herring Category 1 vessels would also be authorized to possess up 
to 100 pounds (45 kg) of other regulated multispecies (cod, witch 
flounder, plaice, yellowtail flounder, pollock, winter flounder, 
windowpane flounder, redfish, and white hake), and would be required to 
provide advance notification of their intent to land for purposes of 
enforcement. Atlantic herring processors and dealers that sort herring 
catches as part of their operations would be required to cull and 
report all haddock.

DATES:  Comments must be received by July 6, 2006.

ADDRESSES: Copies of supporting documents, including the Environmental 
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility 
Analysis (RIR/IRFA), and Essential Fish Habitat Assessment are 
available from Paul J. Howard, Executive Director, New England Fishery 
Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The 
EA/RIR/IRFA is also accessible via the Internet at http://www.nero.gov.
    Written comments on the proposed rule may be sent by any of the 
following methods:  Mail to Patricia A. Kurkul, Regional 
Administrator, NMFS, Northeast Regional Office, One Blackburn Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on 
Herring Framework 43'';
     Fax to Patricia A. Kurkul , 978-281-9135;

[[Page 35601]]

     E-mail to the following address: 
[email protected]. Include in the subject line of the e-mail 
comment the following document identifier: ``Comments on Herring 
Framework 43;'' or
     Electronically through the Federal e-Rulemaking portal: 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:  Eric Jay Dolin, Fishery Policy 
Analyst, 978-281-9259, e-mail at [email protected], fax at 978-281-
9135.

SUPPLEMENTARY INFORMATION:

Background

    Currently, regulations established under the FMP for the Northeast 
(NE) multispecies (groundfish) fishery prohibit vessels fishing for 
Atlantic herring from possessing or landing any groundfish species, 
including haddock. In July 2004, NMFS's Office of Law Enforcement (OLE) 
observed prohibited juvenile haddock in catches being landed by 
midwater trawl vessels fishing for herring on GB. Representatives from 
the herring industry reported that they were encountering haddock 
unusually high in the water column and were unable to avoid catching 
them, even with midwater trawl gear. Many midwater trawl vessels ceased 
fishing for herring on GB in the summer of 2004 due to concerns about 
haddock bycatch and the fact that possession of haddock was prohibited, 
and the herring landings from the GB area decreased. As a result, NMFS, 
at the Council's request, implemented an emergency rule that 
established an incidental catch allowance for haddock to allow the 
herring fishery to operate on GB during 2005 while the Council 
developed a long-term solution. The emergency rule was published by 
NMFS in the Federal Register on June 13, 2005 (70 FR 34055), and 
extended for 180 days on December 8, 2005 (70 FR 72934). The emergency 
rule expires on June 6, 2006, and the Council developed Framework 43 to 
address this issue on a permanent basis.
    The Council requested emergency action on March 30, 2005. The 
Council discussed the issue further at subsequent meetings and voted on 
November 17, 2005, to establish the Council meeting that day as the 
initial meeting to develop permanent measures to address the issue in 
Framework 43. The measures contained in Framework 43 were included in 
the Draft Environmental Impact Statement and public hearing document 
for Amendment 1 to the Atlantic Herring FMP (Amendment 1). The Council 
voted on February 2, 2006, to adopt the measures in Amendment 1 and 
Framework 43, but to submit Framework 43 in advance of Amendment 1 in 
order to establish measures for the fishery as soon as possible during 
the 2006 summer season.
    The proposed measures would apply to all Category 1 vessels on all 
trips that do not use NE multispecies days-at-sea (DAS). The Atlantic 
herring regulations establish two vessel permits: Category 1 permits 
are issued to vessels that have landed, or intend to land, 500 metric 
tons (mt) or more of herring in the upcoming year; Category 2 permits 
are issued to vessels that do not intend to land 500 mt or more of 
herring. However, the public should be aware that the Council is 
proposing to revise the Atlantic herring vessel permit requirements in 
Amendment 1. Amendment, which has been submitted to NMFS for review, 
would revise the vessel permitting requirements for the herring fishery 
by establishing limited access permits for vessels that fish for large 
amounts of herring, and maintain an open access permit for vessels that 
catch herring incidentally. If the limited access permit measures 
proposed in Amendment 1 are approved and implemented by NMFS, the 
measures proposed in this rule would, in the future, be applicable to 
all vessels issued limited access permits
    The proposed measures in Framework 43 would: (1) Authorize the 
possession of haddock by Category 1 vessels up to the amount 
established as a cap on total haddock catch by such vessels; (2) 
establish a cap on the amount of haddock that could be caught by 
Category 1 vessels that is equal to 0.2 percent of the total combined 
target total allowable catch (TAC) for GOM and GB haddock; and (3) 
establish a Herring Exempted Fishery and define a GOM/GB Herring 
Exemption Area in which any herring permitted vessel that catches any 
herring from this area would be limited to 2,000 lb (907 kg) per trip 
when the haddock catch cap is attained; (4) authorize Category 1 
vessels to possess an incidental catch of up to 100 lb (45 kg) of 
regulated NE multispecies other than haddock (cod, witch flounder, 
plaice, yellowtail flounder, pollock, winter flounder, windowpane 
flounder, redfish, and white hake); (5) suspend the minimum fish size 
for NE multispecies possessed by Category 1 vessels; (6) prohibit 
Category 1 vessels from selling haddock for human consumption and 
prohibit dealers from purchasing haddock from such vessels for human 
consumption; (7) prohibit Category 1 vessels from discarding haddock at 
sea; (8) require herring processors that cull landings to report all 
culled haddock, and retain such haddock for 12 hr for inspection by 
enforcement officials; and (9) require Category 1 vessels to provide 
advance notification of landing via the Vessel Monitoring System (VMS).
    The haddock catch cap specified would be applicable to the NE 
multispecies fishing year (May 1 April 30), which differs from the 
herring fishing year (January 1 December 31). If the haddock catch cap 
is attained by the herring fishery, the 2,000-lb (907-kg) limit on 
herring in the GOM/GB Herring Exemption Area would be in effect until 
the end of the NE multispecies fishing year. For example, the 2006 
haddock catch cap would be specified for the period May 1, 2006 April 
30, 2007, and the 2007 haddock catch cap for the period May 1, 2007 
April 30, 2008. If the catch of haddock by Category 1 vessels reached 
the 2006 catch cap at any time prior to the end of the NE multispecies 
2006 fishing year (April 30, 2007), the catch of herring by Category 1 
vessels would be limited to 2,000 lb (907 kg) per trip in the GOM/GB 
Herring Exemption Area through April 30, 2007 (which is 4 months after 
the end of the 2006 herring fishing year), at which time the 2007 catch 
cap would go into effect. The final rule to establish the NE 
multispecies haddock TACs was published on April 28, 2006 (71 FR 
25095). Based on the haddock TACs in that rule, the proposed haddock 
catch cap would be 161,377 lb (73.2 mt) for the period May 1, 2006 - 
April 30, 2007 [GB + GOM haddock TAC = 35,309 + 1,279 = 36,588 mt; 0.2 
percent x 36,588 mt = 73.2 mt]. Upon implementation of Herring 
Amendment 1, if approved, the haddock landings from May 1, 2006 forward 
would be applied to the catch cap for the NE multispecies 2006 fishing 
year.
    Prior to Framework 43, herring midwater trawl gear (single trawls 
and pair trawls) and purse seine gear were each defined by the NE 
Multispecies FMP as exempted gear, that is, gear that is not capable of 
catching NE multispecies. The Council determined that this 
classification was not consistent with the available information 
documenting catches of NE multispecies. Framework 43 would instead 
establish the Herring Exempted Fishery to enable the fishery to be 
prosecuted as an exempted fishery, and authorize an incidental catch of 
small amounts of NE multispecies. The total amount of haddock set-aside 
for the herring fishery is not expected to cause either the GB or GOM 
haddock TACs to be exceeded or impact the availability of

[[Page 35602]]

haddock for groundfish vessels, because the haddock set-aside is set in 
consideration of the fact that haddock bycatch has previously occurred 
in the herring fishery.

Management Measures

(1) Authorize the Possession of Haddock by Category 1 Vessels

    While temporarily authorized under the emergency regulations, the 
NE multispecies regulations prohibit vessels using midwater trawl or 
purse seine gear from possessing or landing NE multispecies. This 
action would allow Category 1 vessels to possess and land haddock of 
unlimited amounts until the haddock bycatch cap is attained, and to 
possess and land up to 100 lb (45 kg) of other regulated multispecies 
(cod, witch flounder, plaice, yellowtail flounder, pollock, winter 
flounder, windowpane flounder, redfish, and white hake) on all trips 
that do not use a NE multispecies DAS. This provision is intended to 
reflect the incidental catch of NE multispecies by Category 1 vessels.

(2) Establish Cap on Amount of Haddock Caught by Category 1 Vessels

    This action would establish a catch cap for Category 1 vessels 
equal to 0.2 percent of the total combined target TAC for GOM and GB 
haddock specified for each NE multispecies fishing year. The haddock 
catch cap specified for the period May 1, 2006 - April 30, 2007, would 
be 161,377 lb (73.2 mt). The haddock catch cap is intended to limit the 
total amount of haddock caught by the directed herring fishery while 
allowing the fishery to operate with a small amount of incidental 
catch. The information that would be used to monitor the haddock catch 
cap includes: at-sea observer reports, Federal dealer/processor 
reports, and haddock landings reported by law enforcement agents as a 
result of catch inspections. These measures are supported by the 
provisions that would require specified dealers/processors to report 
and retain culled haddock (see measure 8) and require vessels to 
provide advance notification of landing (see measure 9). Once the 
haddock cap has been caught, all vessels issued a herring permit or 
fishing in the Federal portion of the GOM/GB Herring Exemption Area 
(see 3) would be prohibited from fishing for, possessing, or landing 
herring in excess of 2,000 lb (907 kg) of herring per trip in or from 
the GOM/GB Herring Exemption Area, except that such vessels may possess 
more than 2,000 lb (907 kg) of herring that was caught outside of the 
area and may transit the area, with gear properly stowed.

(3) Define the GOM/GB Herring Exemption Area

    The herring fishery is prosecuted at various times of the year 
throughout the GOM and GB. Herring vessels would be authorized to fish 
for amounts of herring allowed under their applicable permits until the 
haddock catch cap applicable to the fishery is projected to be 
attained. Framework 43 identifies the area where 90 percent of the 
haddock catch historically has occurred and defines the area as the 
GOM/GB Herring Exemption Area. Once the cap is determined to be 
attained, the Regional Administrator would announce that all herring 
vessels would be limited to the 2,000-lb (907-kg) catch limit for 
herring if any of the herring is caught in the GOM/GB Herring Exemption 
Area. In the event that the haddock catch cap is reached, the measures 
that would require processors/dealers to retain and report culled 
haddock, and the requirement for Category 1 vessels to provide advance 
notification of landing, would remain in effect to enhance the 
enforceability of the closure. Category 1 vessels and other herring 
vessels would not be subject to the 2,000-lb (907-kg) herring limit if 
all herring caught, possessed, or landed by the vessel is from outside 
the GOM/GB Herring Exemption Area, and provided the vessel complies 
with the gear stowage requirements in the Exemption Area as specified 
in the regulations.

(4) Establish a Regulated NE Multispecies Possession Allowance for 
Category 1 Vessels

    This action would establish a possession allowance for Category 1 
vessels to authorize them to possess and land up 100 lb (45 kg) of 
regulated multispecies other than haddock (cod, witch flounder, plaice, 
yellowtail flounder, pollock, winter flounder, windowpane flounder, 
redfish, and white hake) on all trips that do not use a NE multispecies 
DAS. Vessels fishing under a NE multispecies DAS would be subject to 
the possession limits specified for such fishing activity.

 (5) Suspend the Minimum Fish Size for NE Multispecies Possessed by 
Category 1 Vessels

    This action would exempt Category 1 vessels from the minimum size 
requirements for haddock and the other regulated multispecies (cod, 
witch flounder, plaice, yellowtail flounder, pollock, winter flounder, 
windowpane flounder, redfish, and white hake). The suspension of the 
minimum size is necessary because, in a high-volume fishery such as the 
herring fishery, it is difficult, if not impossible, to cull fish that 
resemble herring in size and shape. Herring are often pumped directly 
from the nets into the holds, with no sorting of the catch. Thus, it is 
impracticable to sort out haddock and other regulated multispecies that 
are smaller than the current minimum fish size.

(6) Prohibit the Purchase or Sale for Human Consumption of NE 
Multispecies Landed by Category 1 Vessels

    To eliminate any incentive for Category 1 vessels to target haddock 
or other regulated multispecies, this action would prohibit the sale of 
haddock and those other species caught by Category 1 vessels for human 
consumption. It also prohibits Atlantic herring dealers and processors 
from purchasing such fish to be sold for human consumption. It is not 
feasible to establish a similar prohibition on the sale of haddock or 
the other regulated multispecies for use as bait because herring 
catches landed for use as bait are generally offloaded by pumping the 
fish from the vessel hold into tanker trucks. As a result, some haddock 
and other regulated multispecies could remain mixed in with the herring 
catch. The Council concluded that it would be impossible to require all 
such landings to be culled or sorted, and would be inequitable to make 
downstream purchasers of such bait legally liable for the presence of 
haddock or other regulated multispecies.

(7) Prohibit Discarding of Haddock at Sea by Category 1 Vessels

    In order to more fully account for all the haddock caught by 
Category 1 vessels, this action would prohibit the discarding of 
haddock at sea.

(8) Require Specified Herring Dealers/Processors to Retain Haddock 
Landed by Category 1 Vessels

    This action would require herring dealers and processors that sort 
herring as part of their operations to separate out, report, and retain 
for 12 hr all haddock landed by a Category 1 vessel in order to 
facilitate monitoring and enforcement of the haddock catch cap. The 
haddock would have to be set aside and retained for 12 hr to facilitate 
inspection by enforcement officials, and the vessel that landed the 
haddock must be clearly identified. The sale of these culled haddock, 
for any purpose, would be prohibited. All herring dealers and 
processors would have to continue to comply with the current reporting 
requirements that require federally

[[Page 35603]]

permitted dealers and processors to report all fish purchased or 
received with a vessel trip identifier via the weekly electronic dealer 
reporting system as specified under Sec.  648.7(a).

(9) Require Category 1 Vessels to Provide VMS Notification Prior to 
Landing

    This action would require Category 1 vessels to provide 
notification to NMFS of their intent to land at least 6 hr prior to 
landing. This provision is intended to facilitate the enforcement and 
monitoring of the haddock catch cap by giving enforcement agents 
sufficient notice of landing to enable them to meet a fishing vessel at 
the dock to observe offloading or sample the catch.

Classification

    This action is authorized by 50 CFR part 648 and has been 
determined to be not significant for purposes of Executive Order 12866.
    The Council prepared an IRFA, as required by section 603 of the 
Regulatory Flexibility Act, which describes the economic impacts this 
proposed rule, if adopted, would have on small entities. A copy of the 
IRFA can be obtained from the Council or NMFS (see ADDRESSES) or via 
the Internet at http://www.nero.noaa.gov. A summary of the analysis 
follows:

Statement of Objective and Need

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

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

    During the 2005 fishing year, 115 vessels had Category 1 permits 
(the class to which this rule applies), with 38 of these vessels 
averaging more than 2,000 lb (907 kg) of herring per trip. There are no 
large entities, as defined in section 601 of the RFA, participating in 
this fishery. Therefore, there are no disproportionate economic impacts 
between large and small entities.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    The collection-of-information requirement in this proposed rule 
(requiring Category 1 vessels to provide notification to NMFS of their 
intent to land at least 6 hr prior to landing) has already been 
approved by OMB as follows: Haddock Bycatch Notification of Landing, 
Office of Management and Budget (OMB) control number 0648 0525, (5 min/
response).

Minimizing Significant Economic Impacts on Small Entities

    Three alternatives were considered in the development of this 
action. The first would have continued the program put into place by 
the emergency action. Specifically, this would have established a 1,000 
lb (453 kg) incidental catch possession limit on haddock, and a 100 lb 
(45.3 kg) incidental catch possession limit on other regulated 
multispecies, with no limit on the total amount of haddock or other 
regulated multispecies that could be caught. The second alternative is 
the one proposed in this action. The third alternative is no action, 
under which the herring vessels would not be allowed to possess any 
multispecies.
    Compared to the no-action alternative, the other alternatives 
significantly minimize the economic impacts on herring vessels. Both 
the proposed action and the non-selected alternative prevent direct 
economic loss resulting from herring harvest that would be foregone by 
vessel owners concerned about haddock bycatch and the potential for 
resulting regulatory violations under the no-action alternative. By 
allowing for the incidental catch of groundfish, both the proposed 
action and the other alternative would enable herring vessels to 
continue fishing even if they encounter groundfish. This is 
particularly important in herring Management Area 3 (GB), where herring 
vessels are most likely to encounter groundfish. The herring fishery 
has not fully harvested the allowed catch from Area 3 and the resource 
in that area can support increased fishing effort. Estimate foregone 
revenues from not fishing in Area 3 would be $2,123,727 based on 
preliminary reported herring landings during 2005 (13,029 mt) and an 
average price for herring of $163 per mt. Foregone revenues could be as 
high as $8,150,000 based on utilization of the entire available TAC 
from Area 3 (50,000 mt). This assumes that the herring fleet would not 
fish in Area 3 at all for fear of being in violation of the prohibition 
on the possession of haddock and other regulated groundfish on every 
trip and therefore represents an upper bound to the range of expected 
impacts. Also, the proposed action would have the least impact on small 
entities because it would not impose a 1,000 lb (453 kg) possession 
limit, thereby allowing vessels that unintentionally run into a large 
amount of haddock to continue fishing, while still imposing an upper 
limit on haddock catches by shutting down 90 percent of the area where 
haddock is caught if the herring fleet reaches the haddock TAC .

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 14, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator For Regulatory Programs, National 
Marine Fisheries Service.

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.2, the definition of ``Exempted gear'' is revised 
to read as follows:


Sec.  648.2  Definitions.

    Exempted gear, with respect to the NE multispecies fishery, means 
gear that is deemed to be not capable of catching NE multispecies, and 
includes: Pelagic hook and line, pelagic longline, spears, rakes, 
diving gear, cast nets, tongs, harpoons, weirs, dipnets, stop nets, 
pound nets, pelagic gillnets, pots and traps, shrimp trawls (with a 
properly configured grate as defined under this part), and surfclam and 
ocean quahog dredges.
    3. In Sec.  648.14, paragraph (bb)(20) is revised, and paragraphs 
(a)(166), (a)(167), (a)(168), and (bb)(21) through (24) are added to 
read as follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (166) Sell, purchase, receive, trade, barter, or transfer haddock 
or other regulated multispecies, or attempt to sell, purchase, receive, 
trade, barter, or transfer haddock or other regulated multispecies 
(cod, witch flounder, plaice, yellowtail flounder, pollock, winter 
flounder, windowpane flounder, redfish, and white hake) for, or 
intended for, human consumption landed by a Category 1 herring vessel 
as defined in Sec.  648.2.
    (167) Fail to comply with requirements for herring processors/
dealers that handle individual fish to separate out and retain all 
haddock offloaded from a Category 1 herring vessel, and to retain such 
catch for at least 12 hr with the vessel that landed the haddock 
clearly identified by name.
    (168) Sell, purchase, receive, trade, barter, or transfer, or 
attempt to sell, purchase, receive, trade, barter, or transfer to 
another person any haddock or other regulated multispecies (cod,

[[Page 35604]]

witch flounder, plaice, yellowtail flounder, pollock, winter flounder, 
windowpane flounder, redfish, and white hake) separated out from a 
herring catch offloaded from a Category 1 herring vessel as defined in 
Sec.  648.2.
    (bb) * * *
    (20) If the vessel has been issued a Category 1 herring permit and 
is fishing for herring, fail to notify the NMFS Office of Law 
Enforcement of the time and date of landing via VMS at least 6 hr prior 
to landing or crossing the VMS demarcation line on its return trip to 
port.
    (21) Possess, land, transfer, receive, sell, purchase, trade, or 
barter, or attempt to transfer, receive, purchase, trade, or barter, or 
sell more than 2,000 lb (907 kg) of Atlantic herring per trip taken 
from the GOM/GB Herring Exemption Area defined in Sec.  
648.86(a)(3)(ii)(A)(1) following the effective date of the 
determination that the haddock cap has been reached pursuant to Sec.  
648.86(a)(3), unless all of the herring possessed or landed by a vessel 
was caught outside of that area.
    (22) If fishing with midwater trawl or a purse seine gear, fail to 
comply with the requirements of Sec.  648.80(d) and (e).
    (23) Discard haddock at sea if a Category 1 herring vessel.
    (24) Transit the GOM/GB Herring Exemption Area when that area is 
limited to the 2,000-lb (907-kg) limit specified in Sec.  
648.86(a)(3)(ii)(A)(1) with more than 2,000 lb (907 kg) of herring, 
unless all the herring on board was caught outside of that area and all 
fishing gear is stowed and not available for immediate use as required 
by Sec.  648.23(b).
* * * * *
    4. In Sec.  648.15, paragraphs (d) and (e) are added to read as 
follows:


Sec.  648.15  Facilitation of enforcement.

* * * * *
    (d) Retention of haddock by herring dealers and processors. (1) 
Federally permitted herring dealers and processors, including at-sea 
processors, that receive herring from Category 1 herring vessels, and 
that cull or separate out from the herring catch all fish other than 
herring in the course of normal operations, must separate out and 
retain all haddock offloaded from a Category 1 herring vessel. Such 
haddock may not be sold, purchased, received, traded, bartered, or 
transferred, and must be retained for at least 12 hours with the vessel 
that landed the haddock clearly identified, and law enforcement 
officials must be given access to inspect the haddock.
    (2) All haddock separated out and retained is subject to reporting 
requirements specified at Sec.  648.7.
    (e) Retention of haddock by Category 1 herring vessels. All 
Category 1 herring vessels must retain all the haddock that they catch.
    5. In Sec.  648.80, paragraphs (d), (e), and (g)(3) are revised to 
read as follows:


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

    (d) Midwater trawl gear exempted fishery. Fishing may take place 
throughout the fishing year with midwater trawl gear of mesh size less 
than the applicable minimum size specified in this section, provided 
that:
    (1) Midwater trawl gear is used exclusively;
    (2) When fishing under this exemption in the GOM/GB Exemption Area, 
as defined in paragraph (a)(17) of this section, and in the area 
described in Sec.  648.81(c)(1), the vessel has on board a letter of 
authorization issued by the Regional Administrator, and complies with 
the following restrictions:
    (i) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, or mackerel in areas north of 42[deg]20' N. 
lat. and in the areas described in Sec.  648.81(a)(1), (b)(1), and 
(c)(1); and Atlantic herring, blueback herring, mackerel, or squid in 
all other areas south of 42[deg]20' N. lat.; and
    (ii) The vessel is issued a letter of authorization for a minimum 
of 7 days.
    (3) The vessel must carry a NMFS-approved sea sampler/observer, if 
requested by the Regional Administrator;
    (4) The vessel does not fish for, possess or land NE multispecies, 
except that Category 1 herring vessels may possess and land haddock or 
other regulated NE multispecies (cod, witch flounder, plaice, 
yellowtail flounder, pollock, winter flounder, windowpane flounder, 
redfish, and white hake) consistent with the incidental catch allowance 
and bycatch caps specified in Sec.  648.86(a)(3). Such haddock or other 
regulated NE multispecies may not be sold, purchased, received, traded, 
bartered, or transferred, or attempted to be sold, purchased, received, 
traded, bartered, or transferred for, or intended for, human 
consumption. Haddock or other regulated NE multispecies that is 
separated out from the herring catch pursuant to Sec.  648.15(d) may 
not be sold, purchased, received, traded, bartered, or transferred, or 
attempted to be sold, purchased, received, traded, bartered, or 
transferred for any purpose. Category 1 vessels must retain all haddock 
they catch;
    (5) To fish for herring under this exemption, vessels issued a 
Category 1 herring permit defined in Sec.  648.2 must provide notice to 
NMFS of the vessel name; contact name for coordination of observer 
deployment; telephone number for contact; and the date, time, and port 
of departure, at least 72 hr prior to beginning any trip into these 
areas for the purposes of observer deployment; and
    (6) All Category 1 herring vessels on a declared herring trip must 
notify NMFS Office of Law Enforcement through VMS of the time and place 
of offloading at least 6 hr prior to crossing the VMS demarcation line 
on their return trip to port, or, for vessels that have not fished 
seaward of the VMS demarcation line, at least 6 hr prior to landing. 
The Regional Administrator may adjust the prior notification minimum 
time through publication of a notice in the Federal Register consistent 
with the Administrative Procedure Act.
    (e) Purse seine gear exempted fishery. Fishing may take place 
throughout the fishing year with purse seine gear of mesh size smaller 
than the applicable minimum size specified in this section, provided 
that:
    (1) The vessel uses purse seine gear exclusively;
    (2) When fishing under this exemption in the GOM/GB Exemption Area, 
as defined in paragraph (a)(17) of this section, the vessel has on 
board a letter of authorization issued by the Regional Administrator 
and complies with the following:
    (i) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or menhaden; and
    (ii) The vessel must carry a NMFS-approved sea sampler/observer, if 
requested to do so by the Regional Administrator;
    (3) The vessel is issued a letter of authorization for a minimum of 
7 days, and cancels it only as instructed by the Regional 
Administrator; and
    (4) The vessel does not fish for, possess or land NE multispecies, 
except that Category 1 herring vessels may possess and land haddock or 
other regulated multispecies (cod, witch flounder, plaice, yellowtail 
flounder, pollock, winter flounder, windowpane flounder, redfish, and 
white hake) consistent with the incidental catch allowance and bycatch 
caps specified in Sec.  648.86(a)(3). Such haddock or other regulated 
multispecies may not be sold, purchased, received, traded, bartered, or 
transferred, or attempted to be sold, purchased, received, traded, 
bartered, or transferred for, or intended for, human consumption. 
Haddock or other

[[Page 35605]]

regulated multispecies that is separated out from the herring catch 
pursuant to Sec.  648.15(d) may not be sold, purchased, received, 
traded, bartered, or transferred, or attempted to be sold, purchased, 
received, traded, bartered, or transferred for any purpose. Category 1 
vessels must retain all haddock they catch;
    (5) To fish for herring under this exemption, vessels issued a 
Category 1 herring permit as defined in Sec.  648.2 must provide notice 
to NMFS of the vessel name; contact name for coordination of observer 
deployment; telephone number for contact; and the date, time, and port 
of departure, at least 72 hr prior to beginning any trip into these 
areas for the purposes of observer deployment; and
    (6) All Category 1 herring vessels must notify NMFS Office of Law 
Enforcement through VMS of the time and place of offloading at least 6 
hr prior to crossing the VMS demarcation line on their return trip to 
port, or, for vessels that have not fished seaward of the VMS 
demarcation line, at least 6 hr prior to landing. The Regional 
Administrator may adjust the prior notification minimum time through 
publication of a notice in the Federal Register consistent with the 
Administrative Procedure Act.
* * * * *
    (g) * * *
    (3) Pair trawl prohibition. No vessel may fish for NE multispecies 
while pair trawling, or possess or land NE multispecies that have been 
harvested by means of pair trawling, except as authorized under 
paragraph (d) of this section.
* * * * *
    6. In Sec.  648.83, paragraph (b)(4) is added to read as follows:


Sec.  648.83  Multispecies minimum fish sizes.

* * * * *
    (b) * * *
    (4) Category 1 herring vessels may possess and land haddock and 
other regulated multispecies (cod, witch flounder, plaice, yellowtail 
flounder, pollock, winter flounder, windowpane flounder, redfish, and 
white hake) that are smaller than the minimum size specified under 
Sec.  648.83, consistent with the bycatch caps specified in Sec. Sec.  
648.86(a)(3) and 648.86 (j). Such fish may not be sold for human 
consumption.
* * * * *
    7. In Sec.  648.85, paragraph (d) is added to read as follows:


Sec.  648.85  Special management programs.

* * * * *
    (d) Incidental catch allowance for Category 1 herring vessels. The 
incidental catch allowance for Category 1 herring vessels is defined as 
0.2 percent of the combined target TAC for Gulf of Maine haddock and 
Georges Bank haddock (U.S. landings only) specified according to Sec.  
648.90(a) for a particular multispecies fishing year.
    8. In Sec.  648.86, paragraph (i) is moved and reserved and 
paragraphs (a)(3) and (k) are added to read as follows:


Sec.  648.86  Multispecies possession restrictions.

* * * * *
    (a) * * *
    (3)(i) Incidental catch allowance for herring Category 1 vessels. 
Category 1 herring vessels defined in Sec.  648.2 may possess and land 
haddock on all trips that do not use a NE multispecies DAS, subject to 
the requirements specified in Sec.  648.80(d) and (e).
    (ii) Haddock Incidental Catch Cap. (A)(1) When the Regional 
Administrator has determined that the incidental catch allowance in 
Sec.  648.85 (d) has been caught, all vessels issued a herring permit 
or fishing in the Federal portion of the GOM/GB Herring Exemption Area, 
defined below, are prohibited from fishing for, possessing, or landing 
herring in excess of 2,000 lb (907 kg) per trip in or from the GOM/GB 
Herring Exemption Area, unless all herring possessed and landed by the 
vessel were caught outside the GOM/GB Herring Exemption Area and the 
vessel complies with the gear stowage provisions specified in paragraph 
(a)(3)(ii)(A)(3) of this section while transiting the Exemption Area. 
Upon this determination, the haddock possession limit is reduced to 0 
lb (0 kg) for all Category 1 herring vessels regardless of where they 
were fishing. In making this determination, the Regional Administrator 
shall use haddock landings observed by NMFS-approved observers and law 
enforcement officials, and reports of haddock catch submitted by 
vessels and dealers pursuant to the reporting requirements of this 
part. The GOM/GB Herring Exemption Area is defined by the straight 
lines connecting the following points in the order stated (copies of a 
map depicting the area are available from the Regional Administrator 
upon request):

                      GB/GOM Herring Exemption Area
------------------------------------------------------------------------
                  Point                         N. lat.        W. long.
------------------------------------------------------------------------
                  1                          41[deg] 33.05'  70[deg] 00'
                  2                             41[deg] 20'  70[deg] 00'
                  3                             41[deg] 20'  69[deg] 50'
                  4                             41[deg] 10'  69[deg] 50'
                  5                             41[deg] 10'  69[deg] 30'
                  6                             41[deg] 00'  69[deg] 30'
                  7                             41[deg] 00'  68[deg] 50'
                  8                             39[deg] 50'  68[deg] 50'
                  9                             39[deg] 50'  66[deg] 40'
                  10                            40[deg] 30'  66[deg] 40'
                  11                            40[deg] 30'      64[deg]
                                                                  44.34'
                  12                            41[deg] 50'      66[deg]
                                                                  51.94'
                  13                            41[deg] 50'  67[deg] 40'
                  14                            44[deg] 00'  67[deg] 40'
                  15                            44[deg] 00'  67[deg] 50'
                  16                            44[deg] 10'  67[deg] 50'
                  17                            44[deg] 27'      67[deg]
                                                                  59.18'
                  18                       ME, NH, MA Coast  ...........
                                                      lines
                  19                         41[deg] 33.05'  70[deg] 00'
------------------------------------------------------------------------

    (2) The haddock incidental catch cap specified is for the NE 
multispecies fishing year (May 1 April 30), which differs from the 
herring fishing year (January 1 December 31). If the haddock catch cap 
is attained by the Category 1 herring fishery, the 2,000-lb (907-kg) 
limit on herring possession and landings in the GOM/GB Herring 
Exemption Area will be in effect until the end of the NE multispecies 
fishing year. For example, the 2006 haddock catch cap would be 
specified for the period May 1, 2006 April 30, 2007, and the 2007 
haddock catch cap would be specified for the period May 1, 2007 April 
30, 2008. If the catch of haddock by Category 1 vessels reached the 
2006 catch cap at any time prior to the end of the NE multispecies 
fishing year (April 30, 2007), the 2,000-lb (907-kg) limit on 
possession or landing herring in the GOM/GB Herring Exemption Area 
would extend through April 30, 2007, at which time the 2007 catch cap 
would go into effect.
    (3) A vessel may transit the GOM/GB Herring Exemption Area with 
more than 2,000 lb (907 kg) of herring when the haddock catch cap in 
Sec.  648.86 (a)(3)(ii)(A)(1) has been caught, providing that all of 
the herring possessed or landed by the vessel was caught outside of the 
GOM/GB Herring Exemption Area and all fishing gear is stowed and not 
available for immediate use as required by Sec.  648.23(b).
* * * * *
    (i) [Reserved.]
    (k) Other regulated NE multispecies possession restrictions for 
herring vessels. Incidental catch allowance for herring Category 1 
vessels. Category 1 herring vessels defined in Sec.  648.2 may possess 
and land up to 100 lb (45 kg) of other regulated NE multispecies (cod,

[[Page 35606]]

witch flounder, plaice, yellowtail flounder, pollock, winter flounder, 
windowpane flounder, redfish, and white hake) on all trips that do not 
use a multispecies DAS, subject to the requirements specified in Sec.  
648.80(d) and (e). Such fish may not be sold for human consumption.
[FR Doc. 06-5537 Filed 6-16-06; 11:43 am]
BILLING CODE 3510-22-S