[Federal Register Volume 71, Number 143 (Wednesday, July 26, 2006)]
[Proposed Rules]
[Pages 42522-42554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6444]



[[Page 42521]]

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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



Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) Provisions; Fisheries of the Northeastern United States; 
Northeast (NE) Multispecies Fishery, Framework Adjustment (FW) 42; 
Monkfish Fishery, FW 3; Proposed Rule

  Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / 
Proposed Rules  

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060606150-6150-01; I.D. 053106A]
RIN 0648-AT24


Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) Provisions; Fisheries of the Northeastern United 
States; Northeast (NE) Multispecies Fishery, Framework Adjustment (FW) 
42; Monkfish Fishery, FW 3

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement measures in FW 42 to 
the NE Multispecies Fishery Management Plan (FMP) and FW 3 to the 
Monkfish FMP (Joint Framework). FW 42, which was developed by the New 
England Fishery Management Council (Council), is a biennial adjustment 
to the NE Multispecies FMP that would implement a rebuilding program 
for Georges Bank (GB) yellowtail flounder and modify NE multispecies 
fishery management measures to reduce fishing mortality rates (F) on 
six other groundfish stocks in order to maintain compliance with the 
rebuilding program of the FMP. FW 42 also proposes to modify and 
continue specific measures to mitigate the economic and social impacts 
of Amendment 13 to the NE Multispecies FMP and allow harvest levels to 
approach optimum yield (OY).

DATES: Comments must be received on or before August 25, 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 Framework 42/3.''
     Fax: (978) 281-9135.
    Copies of FW 42/FW3, its Regulatory Impact Review (RIR), Initial 
Regulatory Flexibility Analysis (IRFA), and the Environmental 
Assessment (EA) are available from Paul J. Howard, Executive Director, 
New England Fishery Management Council, 50 Water Street, The Tannery B 
Mill 2, Newburyport, MA 01950. A summary of the IRFA is provided in the 
Classification section of this proposed rule. The EA/RIR/IRFA is also 
accessible via the Internet at http://www.nefmc.org/nemulti/index.html.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule should be submitted to the Regional Administrator at the address 
above and to David Rostker, Office of Management and Budget (OMB), by 
e-mail at [email protected], or fax to (202) 395-7285.

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

SUPPLEMENTARY INFORMATION:

Background

    The Council developed Amendment 13 to the NE Multispecies FMP in 
order to bring the FMP into conformance with Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) requirements, 
including ending overfishing and implementing rebuilding plans for all 
overfished groundfish stocks. Amendment 13 was partially approved by 
the Secretary of Commerce on March 18, 2004. A final rule implementing 
the approved measures in the amendment was published on April 27, 2004 
(69 FR 22906), and became effective May 1, 2004.
    Amendment 13 also established a biennial FMP adjustment process 
that requires the Council to review the fishery periodically using the 
most current scientific information available, recommend target TACs, 
and recommend to the Regional Administrator any changes to management 
measures necessary to achieve the goals and objectives of the FMP. As 
part of the biennial adjustment process, a regional peer-review of 
stock assessment updates (GARM II; Northeast Fisheries Science Center 
Reference Document 05-13) was completed for the 19 stocks managed under 
the NE Multispecies FMP during August 2005. Stock assessments were 
conducted using data through calendar year 2004, including evaluation 
of stock status relative to applicable Amendment 13 biological 
reference points (Fmsy and Bmsy). This resulted 
in estimates of F's and stock biomasses for calendar year 2004. The 
Council's Plan Development Team (PDT) performed an evaluation of the 
fishery based upon the results of GARM II and other available 
information. The primary goal of the PDT review was to determine the 
stocks for which an adjustment in management measures is required in 
order to ensure that the current F's levels are consistent with the F's 
required under the rebuilding plan.
    Based on the information from GARM II and catch data, the PDT 
estimated F's for those stocks in need of reductions for calendar year 
2005 (F2005), a time period during which the fishery 
operated under one suite of regulations (Amendment 13). Specifically, 
the PDT utilized available information for a portion of 2005, projected 
landings for the remainder of the year (based on current and historic 
information), and then estimated the F for the entire calendar year 
(F2005).
    To determine which of the 19 groundfish stocks were not in 
compliance with the Amendment 13 rebuilding plans, for each stock the 
required F for 2006 was compared to F2005. The PDT 
determined that, with one exception (GB yellowtail flounder), if 
F2005 exceeded the Amendment 13 target F for 2006, 
adjustment of management measures was necessary. These comparisons 
indicated that F2005 for some groundfish stocks was less 
than that estimated for 2004 (F2004), but still higher than 
the 2006 target F (F2006) specified in the rebuilding 
program established under Amendment 13. Table 1 includes the fishing 
mortality information discussed above, for stocks targeted by the 
proposed management measures in FW 42.

[[Page 42523]]



   Table 1: Mortality reduction necessary to achieve fishing year 2006 Amendment 13 fishing mortality targets
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                                                                             Amendment 13    Mortality Reduction
                Stock                       F2004       Estimated F2005         F2006             Necessary
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GOM Cod                                0.58            0.37               0.23                              32%
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Cape Cod (CC)/GOM Yellowtail Flounder  0.75            0.48               0.26                              46%
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SNE/Mid-Atlantic (MA) Yellowtail       0.99            0.58               0.26                              55%
 Flounder
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SNE/MA Winter Flounder                 0.38            0.35               0.32                               9%
----------------------------------------------------------------------------------------------------------------
GB Winter Flounder                     1.86            NA                 1.0 *                             46%
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White Hake                             1.18            NA                 1.03                              13%
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* Amendment 13 did not establish a 2006 F target for GB winter flounder. Rather, Amendment 13 established the
  value of Fmsy as 0.32. However, because model estimates of relative F rate are more precise than estimates of
  actual F rates, GARM II presented the estimate of F rate for 2004 in relative terms. The threshold value for
  the relative F rate (F2004/Fmsy) for GB winter flounder is 1.0.
NA: An estimate of F2005 for the stocks of GB winter flounder and white hake could not be developed because the
  assessments are index based. The necessary F reductions are based upon F2004.

Timing of FW 42 and Relationship to NMFS Secretarial Emergency Action 
for May 1, 2006

    The Council originally developed FW 42 with the intention of 
implementing the management measures on May 1, 2006, as specified by 
Amendment 13 and as required by the regulations. However, at its 
November 15-17, 2005, meeting, the Council announced that it would not 
be able to complete FW 42 in time for NMFS to implement the measures by 
the beginning of the fishing year. NMFS determined that the unforeseen 
delay of FW 42 implementation beyond May 1, 2006, and the need to 
reduce F on specific groundfish stocks as a stop-gap measure, by the 
start of the 2006 fishing year, constituted an emergency, as the delay 
could cause serious conservation and management problems. Therefore, 
NMFS implemented emergency management measures (71 FR 19348; April 13, 
2006) for the 2006 fishing year that went into effect on May 1, 2006, 
and will remain in effect, at least, until such time that FW 42, if 
approved, is implemented. At the time of FW 42 implementation, the 
emergency measures would be replaced by the approved FW 42 measures. 
The regulatory text in this proposed rule is written to amend the 
regulations in 50 CFR part 648 as they appeared prior to implementation 
of the emergency rule. The Secretarial emergency action is expected to 
have substantially reduced F on most groundfish stocks, but possibly 
not to the full extent necessary for all stocks. An analysis of the 
combined effects of the Secretarial emergency management measures and 
the proposed FW 42 measures (alternative 1) indicates that the combined 
measures will be more effective in reducing F in 2006 if FW 42 is 
implemented soon after the Secretarial measures went into effect.

Proposed FW 42 Management Measures

    The following measures are proposed to be implemented as soon as 
possible during the 2006 fishing year. The measures are intended to 
continue and modify the management regime implemented by Amendment 13 
and subsequent framework adjustments (FW 40-A, FW 40-B, and FW 41), and 
to replace measures implemented under Secretarial emergency authority 
at the beginning of the 2006 fishing year.
    Specifically, the Joint Frameworks would maintain the Amendment 13 
default days-at-sea (DAS) reductions for the 2006 fishing year; specify 
target Total Allowable Catches (TACs) and Incidental Catch TACs for the 
2006, 2007, and 2008 fishing years; implement a Vessel Monitoring 
System (VMS) requirement for NE multispecies DAS vessels; implement 
differential DAS counting in specific areas of the Gulf of Maine (GOM) 
and Southern New England (SNE); implement new commercial trip limits 
for several NE multispecies; renew and modify the Regular B DAS 
Program, including the rules pertaining to monkfish vessels; renew and 
modify the Eastern U.S./Canada Haddock Special Access Program (SAP); 
renew the DAS Leasing Program; modify the Closed Area (CA) I Hook Gear 
Haddock SAP; implement the GB Cod Fixed Gear Sector; provide 
flexibility for vessels to fish inside and outside of the Eastern U.S./
Canada Management Area on the same trip; modify reporting requirements 
for Special Management Programs (The U.S./Canada Management Area; the 
Regular B DAS Pilot Program; CA I Hook Gear Haddock SAP; CA II 
Yellowtail Flounder SAP, and the Eastern U.S./Canada Haddock SAP Pilot 
Program); modify the DAS Transfer Program; modify the trawl codend mesh 
size requirement in the SNE Regulated Mesh Area (RMA); modify the 
Regional Administrator's authority to adjust certain possession limits; 
and modify the recreational possession restrictions and size limits for 
GOM cod.

1. Recreational Restrictions

    Under this proposed action, private recreational vessels and 
vessels fishing under the charter/party regulations of the NE 
Multispecies FMP would be prohibited from possessing or retaining any 
cod from the GOM RMA from November 1 - March 31. Also, the minimum size 
of cod for private recreational vessels and charter/party vessels 
fishing in the GOM would be increased from 22 inches (56 cm) to 24 
inches (61 cm). Private recreational and charter/party vessels would be 
allowed to transit the GOM RMA with cod caught from outside this area, 
provided all bait and hooks are removed from fishing rods and all cod 
are stored in coolers or ice chests.
    These measures are intended to achieve a reduction in GOM cod F for 
fish caught by the recreational sector that is equivalent to the GOM 
cod F reduction required of the commercial sector. The gear and cod 
stowage requirements are necessary to properly enforce these measures. 
These measures are consistent with the Secretarial measures implemented 
on May 1, 2006.

2. GB yellowtail flounder rebuilding plan

    Although F2004 for GB yellowtail flounder was above 
Fmsy, adjustment of management measures for this stock is 
not necessary because F is limited by a

[[Page 42524]]

hard TAC (i.e., fishing on the stock is prohibited when such a TAC is 
reached). This TAC is specified on an annual basis through a process 
described at Sec.  648.85(a)(2), in accordance with the U.S./Canada 
Resource Sharing Understanding. Two assessment approaches were used to 
evaluate the GB yellowtail flounder stock status. Both indicated that 
biomass increased since the mid 1990s and recent recruitment has 
improved, but that F has fishing mortality remained substantially above 
Fmsy. Based on this review and the recommendation of the 
Transboundary Management Guidance Committee, the Council recommended a 
GB yellowtail flounder hard TAC of 2,070 mt for fishing year 2006; the 
U.S. portion of the shared TAC of 3,000 mt. The shared TAC of 3,000 mt 
represents a neutral risk, i.e., it has approximately a 50-percent 
chance of exceeding the Fmsy of 0.25. NMFS implemented 
specification of the 2006 yellowtail flounder TAC on May 1, 2006 (71 FR 
25095, April 28, 2006). The hard TAC of 2,070 mt for GB yellowtail 
flounder represents a 51-percent reduction from the 2005 TAC, and would 
constrain fishing effort to the appropriate level to achieve the 
required F reduction.
    Based upon the scientific information from GARM II, GB yellowtail 
flounder is in an overfished condition (i.e., the stock biomass is less 
than 50 percent of the stock size associated with maximum sustainable 
yield (Bmsy ). To address this, FW 42 proposes a rebuilding 
plan for GB yellowtail flounder, whereby GB yellowtail flounder would 
be rebuilt from its current stock size to Bmsy using an adaptive 
strategy that rebuilds the stock by 2014 with approximately a 75-
percent probability of success. Under the adaptive strategy, the 
maximum F on the stock through 2008 would be set at Fmsy 
(0.25), and subsequent changes to F required to complete rebuilding by 
2014 (Frebuild) would be developed in the 2009 biennial 
adjustment required be the NE Multispecies FMP. This rebuilding 
strategy and 2014 timeline was selected by the Council to be consistent 
with the rebuilding timelines for most of the stocks in the FMP, and to 
take into account uncertainty regarding the assessment of the stock. 
The proposed rebuilding strategy is consistent with the management 
strategy agreed to under the U.S. cooperative management agreement with 
Canada.

3. Target TACs

    Target TACs are proposed in this rule pursuant toSec.  
648.90(a)(2), which requires the Council to develop new target TACs 
based upon the most recent scientific information, as part of the 
biennial adjustment process. Thus, this rule proposes necessary target 
TACs for all groundfish stocks for fishing years (FY) 2006, 2007, and 
2008. The following proposed target TACs were developed by the 
Council's PDT and were calculated from projections of future catches, 
using recent assessment data, and the Amendment 13 target F's.

                     Table 2. Proposed Target TACs for 2006 through 2008 (mt, live weight).
----------------------------------------------------------------------------------------------------------------
              Species                  Stock       2006        2007             2008             Composition
----------------------------------------------------------------------------------------------------------------
Cod                                 GB          7,458       9,822                   11,855                  E *
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                                    GOM         5,146       10,020                  10,491                     C *
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Haddock                             GB          49,829      103,329                121,681                    E
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                                    GOM         1,279       1,254                    1,229                    A
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Yellowtail flounder                 GB          2,070                 see footnote                          D *
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                                    SNE/Mid-    146         213                        312                  B *
                                     Atlantic
                                     (MA)
----------------------------------------------------------------------------------------------------------------
                                    Cape Cod    650         1,078                    1,406                  B *
                                     (CC)/GOM
----------------------------------------------------------------------------------------------------------------
American plaice                     -           3,666       4,104                    5,121                  B *
----------------------------------------------------------------------------------------------------------------
Witch flounder                      -           5,511       5,075                    4,331                  A *
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Winter flounder                     GB          1,424       1,604                    1,782                  A *
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                                    GOM                         see footnote                                   C
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                                    SNE/MA      2,481       3,016                    3,577                     C *
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Redfish                             -           1,946       2,075                    2,167                    A
----------------------------------------------------------------------------------------------------------------
White hake                          -           2,056       1,676                    1,367                  E *
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Pollock                             -           12,005      12,005                  12,005                    E
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Windowpane flounder                 North       389         389                        389                    A
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                                    South       173         166                        159                    A
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Ocean pout                          -           38          38                          38                    A
----------------------------------------------------------------------------------------------------------------
Atlantic halibut                    -           NA          NA                          NA                   NA
----------------------------------------------------------------------------------------------------------------
A - Commercial Landings
B - Commercial Landings and Discards
C - Commercial Landings, Discards, and RecreationalHarvest
D - Commercial Landings and Discards (U.S. portion of U.S./Canada TAC)
E - Commercial Landings (U.S. and Canada)

[[Page 42525]]

 
* For Stocks of Concern: Incidental TAC is a subset of Target TAC.
GARM II did not develop a TAC for GOM winter flounder because of uncertainties in the assessment.
Note, proposed TACs for GB cod and GB haddock include Canadian landings.
GB yellowtail flounder TACs are hard TACs, which are determined annually and cannot be specified in advance.
2006 GB yellowtail flounder TAC was implemented on April 28, 2006 (71 FR 25095).

4. Incidental Catch TACs

    The values of Incidental Catch TACs for fishing years 2006 through 
2008 are proposed in this rule pursuant to the regulations at Sec.  
648.85(b)(5), which require the Council to develop new Incidental Catch 
TACs based upon the most recent scientific information, as part of the 
biennial FMP adjustment process. FW 40-A (69 FR 67780; November 14, 
2004) initially implemented Incidental Catch TACs to limit the 
potential for the use of Category B DAS to cause excessive fishing 
mortality on stocks of concern that would likely be caught in the 
program. For the NE multispecies fishery, a stock of concern is defined 
as ``a stock that is in an overfished condition, or that is subject to 
overfishing''. FW 40-A implemented Incidental Catch TACs for the 
following eight stocks, based upon the same stock status information 
that was used in the development of Amendment 13: GOM cod, GB cod, CC/
GOM yellowtail flounder, American plaice, white hake, SNE/MA yellowtail 
flounder, SNE/MA winter flounder, and witch flounder. FW 40-A also 
implemented percentage allocations of the Incidental Catch TACs among 
the Special Management Programs (with the exception of the U.S./Canada 
Management Area) and specified values for those Incidental Catch TACs 
for portions of the 2004 fishing year. FW 40-B (70 FR 31323; June 1, 
2005) modified the percentage allocations of the Incidental Catch TACs 
among Special Management Programs (including allocations for the two 
Special Management Programs that were proposed but not approved by NMFS 
(i.e., the Western GOM Haddock SAP and Research Set-Aside Program) and 
specified values for Incidental Catch TACs for fishing years 2005 and 
2006. FW 41 (70 FR 54302; September 14, 2005), modified the percentage 
allocation of the Incidental Catch TACs among Special Management 
Programs to include the CA I Hook Gear Haddock SAP, and specified 
values for the Incidental Catch TACs through the 2006 fishing year. 
Although Incidental Catch TACs for 2006 were specified in FW 41, this 
action proposes to modify definitions of the Incidental Catch TACs with 
respect to the target TACs, modify the allocation of Incidental Catch 
TACs among Special Management Programs, and specify values of all 
Incidental Catch TACs, based upon the most recent scientific 
information (GARM II).
    In addition to the actions described above that relate to the 
Incidental Catch TACs for the eight stocks of concern noted above, this 
action proposes to define GB yellowtail flounder and GB winter flounder 
as additional stocks of concern, define the size of the Incidental 
Catch TACs (with respect to the target TACs) that are likely to be 
caught in the Special Management Programs, specify values for the 2006 
through 2008 fishing years, and allocate the Incidental Catch TACs 
among Special Management Programs.
    This action would further clarify the relationship between target 
TACs and Incidental Catch TACs; that is, Incidental Catch TACs are 
considered as a subset of the pertinent target TACs (rather than as 
amounts in excess of the target TACs). This clarification would 
increase the utility of target TACs as a tool used to evaluate the 
effectiveness of the management measure.

 Table 3. Proposed Definition of Incidental Catch TACs (percent) and Specification of TACs for 2006 through 2008
                                                      (mt).
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                                        Percentage of Total
           Stock of Concern                  Target TAC           2006            2007               2008
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GB Cod                                  Two                  122.6           *                                *
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GOM cod                                 One                  49.9            99.0                         103.9
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GB yellowtail flounder                  Two                  41.4            *                                *
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CC/GOM yellowtail flounder              One                  6.5             10.8                          14.1
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SNE/MA yellowtail flounder              One                  1.5             2.1                            3.1
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American plaice                         Five                 183.3           205.2                        256.1
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Witch flounder                          Five                 275.6           253.8                        216.6
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SNE/MA winter flounder                  One                  24.8            30.2                          35.6
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GB winter flounder                      Two                  28.5            32.1                          35.6
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White hake                              Two                  41.1            33.5                          27.3
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* Note: GB cod and GB yellowtail flounder, TACs are determined annually and cannot be estimated in advance.


    Table 4. Allocation of Incidental Catch TACs among Category B DAS
      Programs (shown as a percentage of the Incidental Catch TAC).
------------------------------------------------------------------------
                                        Closed
                                        Area I
                              Regular    Hook      Eastern U.S./Canada
      Stock of Concern         B DAS     Gear          Haddock SAP
                              Program  Haddock
                                         SAP
------------------------------------------------------------------------
GOM cod                       100%     NA                            NA
------------------------------------------------------------------------

[[Page 42526]]

 
GB cod                        50%      16%                          34%
------------------------------------------------------------------------
CC/GOM yellowtail flounder    100%     NA                            NA
------------------------------------------------------------------------
American plaice               100%     NA                            NA
------------------------------------------------------------------------
White hake                    100%     NA                            NA
------------------------------------------------------------------------
SNE/MA yellowtail flounder    100%     NA                            NA
------------------------------------------------------------------------
SNE/MA winter flounder        100%     NA                            NA
------------------------------------------------------------------------
Witch flounder                100%     NA                            NA
------------------------------------------------------------------------
GB yellowtail flounder        50%      NA                           50%
------------------------------------------------------------------------
GB winter flounder            50%      NA                           50%
 
------------------------------------------------------------------------

5. Default Modifications to DAS Allocations

    The Amendment 13 rebuilding strategy established two ``default'' 
measures that would automatically reduce F on multiple groundfish 
species, particularly for American plaice and SNE/MA yellowtail 
flounder, beginning in fishing year 2006, unless certain criteria are 
met. The criteria defined various conditions, indicating improvements 
to the fishery (i.e., fishing mortality and biomass status) that would 
have to be met in order for the default measures to be automatically 
voided. These default measures for FY 2006 include a revision of the 
DAS allocation ratio of Category A:B DAS from 60:40 to 55:45, and 
differential DAS counting in the SNE/MA RMA at a rate of 1.5:1. Based 
on the results of GARM II, the default criteria have not been met and 
further reductions in F are, therefore, required (as described above). 
This action does not change the Amendment 13 default measure DAS 
allocations (Category A and B DAS) for FY 2006-2008, but it would 
replace the default differential DAS counting measure in the SNE RMA. 
FW 42 proposes a FY 2006-2008 DAS ratio of 55:45 (Category A: B DAS), 
which represents an 8.3-percent reduction in the number of Category A 
DAS allocated by Amendment 13. This action would revise the Amendment 
13 default differential DAS counting measure in the SNE/MA RMA, as 
described in section 8 of this preamble.

6. VMS Requirement

    This proposed rule would implement a requirement that all limited 
access NE multispecies DAS vessels using a groundfish DAS must be 
equipped with an approved VMS that meets the requirements of 50 CFR 
648.9. Under FW 42, it would be illegal for a limited access NE 
multispecies DAS vessel to fish under a groundfish DAS without an 
approved VMS. A vessel owner with a limited access NE multispecies DAS 
permit who does not intend to and does not fish any of his/her 
groundfish DAS during the fishing year would be permitted to renew the 
vessel's limited access permit without having an approved VMS, but 
would not be able to fish any of the vessel's groundfish DAS for that 
fishing year. This VMS requirement would be implemented at the same 
time as the rest of the proposed FW 42 management measures, unless 
vessels are otherwise notified by NMFS. As required under current VMS 
regulations, a vessel owner would be required to provide pertinent 
information (e.g., type of VMS unit, installation date, dealer, etc.) 
to NMFS prior to being eligible to use VMS. NMFS would send letters to 
all limited access NE multispecies DAS permit holders and provide 
detailed information on the procedures pertaining to VMS purchase, 
installation, and use. This rule would clarify that when a vessel is 
subject to multiple, conflicting VMS regulations of different programs 
(within the NE Multispecies FMP, or by other FMPs), the most 
restrictive requirement would apply. For example, a vessel fishing in 
both the Eastern U.S./Canada Area and in one of the Differential DAS 
Areas (described in sections 7 and 8 of this preamble) on the same trip 
would be subject to the VMS restrictions that pertain to both programs.
    Although this rule proposes a mandatory VMS requirement, NE 
multispecies DAS vessels would still be required to declare periods out 
of the fishery (spawning block out and Day Gillnet vessel blocks out) 
through the Interactive Voice Response (IVR) call-in system. As under 
current regulations, the Regional Administrator would retain the 
authority to require limited access NE multispecies vessels to utilize 
the IVR system in lieu of the VMS system for the administration of DAS 
requirements. In addition, the Regional Administrator would be 
authorized to require vessels to obtain a Letter of Authorization (LOA) 
as an alternate method of enforcing a possession limit, if the proposed 
VMS requirement is delayed or not operational.

7. Differential DAS Counting in GOM

    Under this proposed rule, all NE multispecies Category A DAS used 
by a vessel that has declared (through VMS, or other means approved by 
the Regional Administrator), prior to leaving the dock, that it will be 
fishing, i.e., harvesting fish any portion of its trip in the GOM 
Differential DAS Area, with the exception noted below, (for a Day 
gillnet vessel), would be charged at a rate of 2:1, regardless of area 
fished. The proposed GOM Differential DAS Area (defined in the 
regulatory text portion of this document), includes most of the area 
west of 69[deg] 30' W. long. and between 41[deg] 30' and 43[deg] 30' N. 
lat (between approximately Monomoy Island, MA and Portland, ME). Day 
gillnet vessels would be charged DAS at a rate of 2:1 for the actual 
hours used for any trip of less than 3 hr in duration, and for any trip 
of greater than 7.5 hr. For Day gillnet trips between 3 and 7.5

[[Page 42527]]

hr duration, vessels would be charged a full 15 hr. For example, a 
trawl vessel that has declared into the GOM Differential DAS Area and 
accrued 2.5 hr to and from the VMS demarcation line would be charged 5 
hr (2.5 hr x 2) of DAS use. Conversely, a Day gillnet vessel that has 
declared into the GOM Differential DAS Area and accrued 5 hr would be 
charged for 15 hr of DAS use (between 3 and 7.5 hr = 15 hr); a Day 
gillnet vessel fishing in the GOM Differential DAS Area for 8 hr would 
be charged for 16 hr of DAS use (8 hr x 2). On any trip in which a 
vessel declares, prior to leaving the dock, that it will be fishing, 
i.e., harvesting fish, in the GOM Differential DAS Area under a 
Category A DAS, the vessel would be charged at the differential DAS 
rate for the entire fishing trip, even if only a portion of the trip is 
spent fishing in the GOM Differential DAS Area. At no time may a vessel 
fish under a Category A DAS in the GOM Differential DAS Area, unless it 
has declared into this area prior to the start of the trip, or unless 
circumstances beyond a vessel's control exit, as described below. A 
vessel that did not declare its intent to fish in the GOM Differential 
DAS Area would be permitted to transit the area, provided its fishing 
gear is properly stowed according to the regulations. In addition, a 
vessel that has not declared its intent to fish in the GOM Differential 
DAS Area may also be in the area when not transiting due to bad 
weather, or other circumstances beyond its control, provided its 
fishing gear is properly stowed and provided the vessel immediately 
notifies NMFS through it's VMS.
    No changes to the Monkfish FMP are proposed to accomodate to the 
multispecies Differential DAS rules, but the following is an 
explanation of how the proposed groundfish regulations would work with 
the current Monkfish FMP. A vessel issued a limited access monkfish 
Category C, D, permit and that has declared into the GOM Differential 
DAS Area under a monkfish DAS (thereby using both a monkfish and NE 
multispecies DAS) would have its NE multispecies DAS charged at a rate 
of 2:1, but its monkfish DAS would continue to be charged at a rate of 
1:1. The current regulations allow a monkfish Category C and D vessel 
to fish under a monkfish-only DAS, when groundfish DAS are no longer 
available, to ensure that it could fish its full allocation of monkfish 
DAS. Under this proposed rule, vessels fishing under a monkfish-only 
DAS would continue to be required to fish under the provisions of the 
monkfish Category A or B permit. Such a vessel would be limited to 
monkfish-only DAS equal to its net monkfish DAS allocations (including 
carry-over DAS) minus its net NE multispecies Category A DAS allocation 
(including carry-over DAS). This proposed rule would continue to 
provide a monkfish vessel with an amount of ``monkfish only'' DAS based 
upon its current allocations of monkfish and NE multispecies DAS, but 
would not expand this number to account for the effects on monkfish DAS 
due to the differential DAS measures proposed under this rule. For 
example, if a Category C monkfish vessel allocated 40 monkfish DAS has 
a current NE multispecies DAS allocation of 15 DAS, the maximum number 
of monkfish-only DAS that the vessel would be able to fish would be 25 
DAS (40 monkfish DAS - 15 NE multispecies DAS). However, for a vessel 
fishing under differential DAS, the overall amount of monkfish DAS that 
could be used is effectively reduced because the NE multispecies DAS 
are used at the differential rate. For instance, in the example above, 
if the vessel fished all 15 NE multispecies DAS at the differential DAS 
rate, the vessel would use up its allocation of NE multispecies DAS 
after 7.5 days of actual time fished (7.5 days x 2.0 = 15 DAS). 
Therefore, after the vessel fished all of its NE multispecies DAS at 
the differential rate, it would have a balance of 32.5 monkfish DAS (40 
- 7.5 = 32.5), but the vessel would be able to fish only up to 25 of 
its monkfish DAS as ``monkfish-only'' DAS.
    For a vessel that has declared that it is fishing in the GOM 
Differential DAS Area, trip limits would apply based on the actual days 
spent fishing (time from Demarcation line to Demarcation line), and not 
on the basis of the differential DAS that would be charged for the 
trip. The cod possession limit rule that requires vessels to ``run the 
clock'' to fully account for each daily limit of cod caught would not 
apply to trips charged at the differential DAS rate (for both GOM and 
GB cod). For example, if the trip of a vessel declared into the GOM 
Differential DAS Area lasts for 25 hr actual time, the vessel would be 
allowed to catch twice the daily limit of GOM cod (800 lb (362.9 kg) 
per DAS), and would be charged 50 hr of DAS. Because differential DAS 
would apply only to Category A DAS, a vessel that fishes in the GOM 
Differential DAS Area under the Regular B DAS Program (and ends its 
trip under a Regular B DAS) would not be subject to the differential 
DAS counting and would be subject to the DAS counting rules of the 
Regular B DAS Program.
    A vessel that fishes inside and outside of the Eastern U.S./Canada 
Area on the same trip (as described in section 15 of this preamble) may 
also fish in the GOM Differential DAS Area, provided the vessel 
declares its intent to fish in the area via VMS prior to leaving the 
Eastern U.S./Canada Area.
    The GOM Differential DAS restrictions are designed to reduce F on 
three stocks of fish: GOM/CC yellowtail flounder, GOM cod, and white 
hake.

8. Differential DAS Counting in SNE

    Under this proposed rule, all NE multispecies Category A DAS used 
by a vessel that has declared (through VMS, or other means approved by 
the Regional Administrator), prior to leaving the dock, that it will be 
fishing, i.e., harvesting fish, in any portion of its trip in the SNE 
Differential DAS Area, with the exception noted below, would be charged 
at a rate of 2:1, when fishing in a specific portion of the SNE RMA. At 
no time may a vessel fish, except for transiting purposes only, under a 
Category A DAS in the SNE Differential DAS Area, unless it has declared 
into the area prior to the start of the trip. The proposed SNE 
Differential DAS Area (defined in the regulatory text portion of this 
document) is an irregular shaped, offshore area extending from 73[deg] 
40' W. long., east to 69[deg] 30' W. long. (from south of western Long 
Island to north of the Nantucket Lightship Closed Area). On any trip in 
which a vessel declares, prior to leaving the dock, via its VMS unit, 
that it will be fishing, i.e., harvesting fish, in the SNE Differential 
DAS Area under a Category A DAS, the vessel would be charged at the 
differential DAS rate for that portion of the trip spent in the SNE 
Differential Area (as determined from VMS positional data). The time 
spent outside this area would be charged at the rate of 1:1. For 
example, a trawl vessel that declared into the SNE Differential DAS 
Area through its VMS unit and for which 12 hr of actual time had 
elapsed from the time the vessel crossed the demarcation line at the 
beginning of its trip to the time the vessel crossed the demarcation 
line on its return home to port, 4 hr of which was spent fishing in the 
SNE Differential DAS Area, the total DAS for that trip would equal 16 
hr (8 hr of actual time and 8 hr (4 x 2) of differential DAS time). A 
Day gillnet vessel that declared into the a SNE Differential DAS Area 
through VMS would be charged according to the following formula for the 
time fished in this area: For hours accrued in the area less than 3 
hours or greater than 7.5

[[Page 42528]]

hours, vessels would be charged at a rate of 2:1; for hours accrued in 
the area between 3 and 7.5 hr, vessels would be charged a full 15 hr. 
For example, under this proposed rule, a Day gillnet vessel fishing in 
the SNE Differential DAS Area for 5 hr would be charged 15 hr of DAS 
(plus actual time for any time that the vessel fished outside the 
area). For trips where a Day gillnet vessel declares into the SNE 
Differential DAS Area, the application of the DAS accrual formula 
described above would not supersede the DAS accounting formula that 
applies to all NE multispecies Day gillnet vessels. In other words, the 
net DAS charge for a Day gillnet vessel for a trip declared into the 
SNE Differential DAS Area may not be less than the DAS that would 
accrue on the same length trip by a Day gillnet vessel not declared 
into the SNE Differential DAS Area.
    If the Regional Administrator requires the use of the IVR or other 
non-VMS reporting system, a vessel fishing for any portion of its trip 
in the SNE Differential DAS Area would be charged at the rate of 2:1 
for the entire trip, in a manner similar to that described for 
differential DAS counting in the GOM Differential DAS Area (see section 
7 of this preamble). Using IVR or IVR technology, it is not possible to 
determine the amount of time a vessel fishes inside the SNE 
Differential DAS Area, and therefore the vessel must be charged at the 
differential rate for the entire trip. Further, if a vessel fishes in 
both the GOM and SNE Differential DAS Area on the same trip, the vessel 
would be charged at the rate of 2:1 for the entire trip.
    Similar to fishing in the GOM Differential DAS Area, a vessel 
issued a limited access monkfish Category C, D permit that has declared 
into the SNE Differential DAS Area under a monkfish DAS (and therefore 
accruing both monkfish and NE multispecies DAS) would have its NE 
multispecies DAS charged at a rate of 2:1, as described above, and its 
monkfish DAS charged at a rate of 1:1.
    A vessel that does not declare its intent to fish, i.e., harvest 
fish, in the SNE Differential DAS Area under a Category A DAS would be 
permitted to transit the area, provided its fishing gear is properly 
stowed while transiting the Area according to the regulations.
    The SNE Differential DAS restrictions are designed to reduce F on 
three stocks of fish: SNE/MA yellowtail flounder, SNE winter flounder, 
and white hake.
    Similar to how trip limits would be counted when fishing in the GOM 
Differential DAS Area, for trips declared into the SNE Differential DAS 
Area, all trip limits would apply based on the actual days spent 
fishing, and not on the basis of the number of DAS charged. A vessel 
fishing under the Regular B DAS Program (that ends its trip under a 
Regular B DAS) would not be subject to differential DAS counting, 
regardless of where it fishes.
    A vessel that fishes inside and outside of the U.S./Canada Area on 
the same trip (as described in section 15 of this preamble) could also 
fish in the SNE Differential DAS Area, provided the vessel declares its 
intent to fish in the area via VMS prior to leaving the Eastern U.S./
Canada Area.

9. Commercial Trip Limits

    This proposed rule does not change the Amendment 13 GOM cod trip 
limit (800 lb (362.9 kg) per DAS, up to 4,000 lb (1,818.2 kg) per 
trip). This proposed rule would implement new trip limits for white 
hake and GB winter flounder, modify the existing trip limits for the 
three yellowtail flounder stocks (CC/GOM, GB, and SNE/MA), and modify 
the haddock trip limit and the GOM cod trip limit exemption and cod 
overage regulations.
    Under this action, a NE multispecies DAS vessel fishing under 
Category A DAS (and a vessel in another fishery that is subject to the 
NE multispecies possession and trip limit regulations) may land up 
1,000 lb (453.6 kg) of white hake per DAS, or any part of a DAS, up to 
10,000 lb (4,536.2 kg) per trip. A NE multispecies DAS vessel fishing 
under a Category A DAS (and a vessel in another fishery that may 
possess regulated NE multispecies) that has declared into the U.S./
Canada Management Area may land up to 5,000 lb (2,268.1 kg) of GB 
winter flounder per trip. The U.S./Canada Management Area is defined as 
the same geographic area as the GB winter flounder stock area.
    The Amendment 13 final rule implemented the following seasonal trip 
limits for the CC/GOM stock of yellowtail flounder: 250 lb (113.6 kg) 
per trip during April, May, October, and November, and 750 lb (340.2 
kg) per DAS, up to 3,000 lb (1,364.0 kg) per trip, during June - 
September, and December - March. In addition, the Amendment 13 final 
rule implemented the following seasonal trip limit for the SNE/MA stock 
of yellowtail flounder: 250 lb (113.6 kg) per trip during March - June, 
and 750 lb (340.2 kg) per DAS, up to 3,000 lb (1,364.0 kg) per trip, 
during July - February. This proposed rule would modify these trip 
limits implemented through Amendment 13 for CC/GOM and SNE/MA stocks of 
yellowtail flounder by implementing the same trip limits for the entire 
year. Under this proposed rule, NE multispecies DAS vessels fishing 
under Category A DAS (and vessels in other fisheries that are subject 
to the NE multispecies possession and trip limit regulations) could 
land only up to 250 lb (113.6 kg) per DAS, or any part of a DAS, up to 
1,000 lb (453.6 kg) per trip of CC/GOM or SNE/MA yellowtail flounder 
for the entire fishing year. NMFS proposes to eliminate the current 
rule requiring vessels to obtain and possess on board a yellowtail 
flounder LOA issued by the Regional Administrator in order to land 
yellowtail flounder from either of these two stocks because 
enforceability of these proposed trip limits would be improved (because 
they would be the same under this proposed rule). The requirement for a 
LOA was implemented under Amendment 13 in order to enable enforcement 
of the yellowtail flounder trip limits.
    This proposed rule would expand the Regional Administrator's 
authority to change the GB yellowtail flounder trip limit. In addition, 
guidance was developed in FW 42 to assist the Regional Administrator 
regarding potential in-season modifications to the trip limit (see 
Table 5 for suggested guidance offered by the Council). Under Amendment 
13 regulations, there is no initial trip limit for GB yellowtail 
flounder. When it is projected that 70 percent of the yellowtail 
flounder will be harvested, current regulations require a trip limit of 
1,500 lb (680.4 kg) per day, up to 15,000 lb (6,804.1 kg) per trip. 
However, the Regional Administrator may modify various management 
measures, including trip limits when it is projected that 30 and 60-
percent of the GB yellowtail flounder TAC will be harvested.
    This proposed rule would remove the required trip limit imposed at 
70 percent of the TAC, and the threshold harvest levels of 30 percent 
and 60 percent before other management measures can be adjusted. In 
place of the current measures, this proposed rule would implement an 
initial GB yellowtail flounder possession limit of 10,000 lb (4,536.2 
kg) per trip and allow the Regional Administrator to make adjustments 
to the GB yellowtail flounder trip limit at any time during the fishing 
year, including eliminating or adjusting the initial 10,000-lb 
(4,536.2-) trip limit before the start of the fishing year, in order to 
prevent exceeding the TAC or to facilitate harvesting the GB yellowtail 
flounder TAC, in a manner consistent with the Administrative Procedure 
Act (this is more fully described under section 22 of this preamble). 
If no trip limit were specified for the beginning of a fishing year, 
the 10,000 lb yellowtail flounder

[[Page 42529]]

trip limit would remain in effect. The Regional Administrator may 
specify yellowtail flounder trip limits for the whole U.S./Canada 
Management Area or for either of the sub-areas (Western Area or Eastern 
Area). Following are catch thresholds and associated trip limits 
offered as guidance by the Council for the Regional Administrator's 
consideration.

                         Table 5. GB Yellowtail Flounder Trip Limit Adjustment Guidance.
----------------------------------------------------------------------------------------------------------------
                                                  If catch is projected to
                                                reach 30% of the TAC during   If catch is projected to reach 60%
             Fishing Year Quarter                the specified quarter, the    of the TAC during the specified
                                                    suggested trip is as      quarter, the suggested trip is as
                                                          follows:                         follows:
----------------------------------------------------------------------------------------------------------------
Quarter 1                                       7,500 lb (3,402.1 kg)                     3,000 lb (1,360.9 kg)
----------------------------------------------------------------------------------------------------------------
Quarter 2                                       10,000 lb (4,536.2 kg)                    5,000 lb (2,268.1 kg)
----------------------------------------------------------------------------------------------------------------
Quarter 3                                       25,000 lb (11,340.4 kg)                  10,000 lb (4,536.2 kg)
----------------------------------------------------------------------------------------------------------------
Quarter 4                                       remove trip limit                       25,000 lb (11,340.4 kg)
 
----------------------------------------------------------------------------------------------------------------

    This proposed rule would eliminate the current initial haddock trip 
limit provision (May-Sept 3,000 lb (1,360.8 kg) per DAS up to 30,000 lb 
(13,608 kg) per trip; Oct-Apr 5,000 lb (2,268 kg) per DAS up to 50,000 
lb (22,680 kg) per trip) and as more fully described under section 22, 
of this preamble, the automatic trip limit reduction for Eastern GB 
haddock (1,500 lb (680.4 kg) per DAS or up to 15,000 lb (6,804.1 kg) 
per trip) when 70 percent of the TAC is projected by the Regional 
Administrator.
    With respect to monitoring and enforcing trip limits, NMFS is 
proposing changes that would eliminate administrative requirements that 
NMFS believes are no longer necessary in the context of FW 42. If VMS 
is approved and implemented as proposed in this rule (see section 6 of 
this preamble), NMFS would eliminate the requirement for NE 
multispecies DAS vessels to obtain a GB Cod Trip Limit Exemption Letter 
(LOA) from the Regional Administrator when fishing outside of the GOM 
RMA, if the vessel operator desires to be exempt from the more 
restrictive cod trip limit in the GOM, because this law enforcement 
tool would no longer be necessary. Instead, with the exception of 
vessels declared into the U.S./Canada Management Area, a NE 
multispecies DAS vessel fishing south of the GOM RMA must declare 
through the VMS, prior to leaving the dock in accordance with 
instructions to be provided by the Regional Administrator, its intent 
to fish south of the GOM RMA in order to be subject to the less 
restrictive GB cod trip limits. Such a vessel would be exempt from the 
GOM cod landing limit, but could not fish in the GOM RMA for the 
duration of the trip. Such a vessel could transit the GOM RMA, provided 
that its gear is properly stowed while in the GOM RMA. A vessel that 
has not declared through VMS that it would be fishing south of the GOM 
RMA, would be subject to the most restrictive applicable cod trip 
limit, regardless of area fished.
    The Regional Administrator would retain the authority to require a 
vessel to obtain a GOM Cod Trip Limit Exemption LOA (as under current 
regulations), should implementation of the VMS requirement be delayed 
or if NMFS's administration of the VMS program is not operational. If 
an LOA is required, such a vessel may not fish north of the exemption 
area for a minimum of 7 consecutive days (when fishing under the 
multispecies DAS program), and must carry the LOA on board.
    For a vessel that is not fishing in either of the two differential 
DAS areas and that catches cod in excess of the GOM or GB cod trip 
limits (i.e., the vessel possesses up to 1 extra day's worth of cod in 
relation to the amount of DAS that have elapsed), the current 
requirement for vessels to ``run'' their clocks upon entering port (to 
account for the amount of cod on board) would be replaced by a 
requirement to make a declaration via VMS prior to crossing the VMS 
demarcation line. For a vessel making this VMS declaration, NMFS would 
make the appropriate increase to the DAS accrued (up to 23 hours and 59 
minutes) to round up the next 24 hr increment of DAS.

10. Regular B DAS Program

    The Regular B DAS Pilot Program was originally implemented by the 
FW 40-A final rule (69 FR 67780; November 19, 2004), and was intended 
to provide opportunities to use Regular B DAS outside of a SAP to catch 
stocks that can withstand additional fishing effort. This program 
included a variety of management measures designed to reduce the 
potential impacts of the use of Regular B DAS on stocks of concern 
(e.g., DAS limits, low trip limits and Incidental Catch TACs for stocks 
of concern). Because of the uncertainties regarding the impacts of the 
Regular B DAS Program, this specialized fishery was characterized as a 
``Pilot'' Program and a program expiration date of October 31, 2005, 
was specified. This proposed rule would renew the Regular B DAS 
Program, but modify certain aspects in order to further reduce the 
potential risks associated with the use a Regular B DAS and to minimize 
impacts to the monkfish fishery. The program would no longer be 
characterized as a APilot,'' and would remain in effect indefinitely. 
The full program is described below, with the changes from the previous 
Pilot Program noted.
    The proposed action would allow limited access NE multispecies DAS 
vessels with an allocation of Regular B DAS to fish under the Regular B 
DAS Program to catch relatively healthy groundfish stocks (GB haddock, 
pollock, redfish, GOM winter flounder and GOM haddock). GB winter 
flounder and GB yellowtail flounder could no longer be considered 
healthy stocks under the Regular B DAS Program because they would be 
considered ``stocks of concern'' for which fishing mortality reductions 
are required under this proposed rule. Vessels eligible to fish in the 
Regular B DAS Program would not be allowed to fish in this program and 
in a SAP (e.g., the Eastern U.S./Canada Haddock SAP, CA I Hook Gear 
Haddock SAP, or CA II yellowtail flounder SAP) on the same trip. In 
order to limit the potential biological impacts of the program, only 
500 Regular B DAS could be used during the first quarter of the 
calendar year (May through July), while 1,000 Regular B DAS could be 
used in subsequent quarters (August through October, November through 
January, and February through April). DAS that are not used in one 
quarter would not

[[Page 42530]]

be available for use in subsequent quarters. The limitation of 500 DAS 
during the first quarter would represent a modification from the Pilot 
Program, which allowed the use of 1,000 DAS during the first quarter, 
and would provide further protection for stocks of concern, especially 
GB winter flounder, which was caught in relatively large numbers during 
the first quarter of the 2005 fishing year. As implemented previously 
under FW 40-A, Regular B DAS would accrue at the rate of 1 DAS for each 
calendar day, or part of a calendar day, fished.
    A vessel participating in this program would be required to be 
equipped with an approved VMS (this requirement would be separate from 
the general VMS requirement proposed for all groundfish DAS vessels). 
The vessel owner or operator would be required to notify the NMFS 
Observer Program at least 72 hr in advance of a trip in order to 
facilitate observer coverage. This notice would require reporting of 
the following information: The general area or areas that will be 
fished (GOM, GB, or SNE), vessel name, contact name for coordination of 
observer deployment, telephone number of contact, date, time, and port 
of departure. Providing notice of the area that the vessel intends to 
fish would not restrict the vessel's activity to fish only in that area 
on that trip, but would be used to plan observer coverage. Prior to 
departing on the trip, the vessel owner or operator would be required 
to notify NMFS via VMS that the vessel intends to participate in the 
Regular B DAS Program. Vessels fishing in the Regular B DAS Program 
would be required to report their catches of certain groundfish stocks 
of concern (cod, yellowtail flounder, winter flounder, witch flounder, 
American plaice, and white hake) and haddock, daily through VMS, 
including the amount of fish kept and discarded. The reporting 
requirements would be slightly different from those required in the 
Pilot Program and would be consistent with the standardized reporting 
requirements that would apply to all Special Management Programs of the 
FMP, as explained in Section 17 of this preamble.
    A vessel fishing under a Category B DAS while in this program would 
be prohibited from discarding legal-sized regulated NE multispecies, 
Atlantic halibut, ocean pout, and monkfish, and would be limited to 
landing 100 lb (45.4 kg) per DAS, or any part of a DAS, of each of the 
following groundfish stocks: GOM cod, GB cod, GB yellowtail flounder, 
American plaice, witch flounder, white hake, SNE/MA winter flounder, GB 
winter flounder, southern windowpane flounder, and ocean pout, unless 
further restricted (see below). In addition, a vessel fishing in this 
program would be limited to landing no more than one Atlantic halibut, 
and 25 lb (11.3 kg) per DAS, or any part of a DAS, up to a maximum of 
250 lb (113 kg) per trip, of CC/GOM or SNE/MA yellowtail flounder. A 
limited access monkfish DAS vessel fishing with gear other than trawl 
gear that is participating in this program under a NE multispecies DAS 
would be subject to the monkfish Incidental Catch limit applicable to 
the monkfish Incidental Catch permit (Category E) (i.e., 400 lb (181.4 
kg) tail weight/DAS, or 50 percent of the total weight of fish on 
board, whichever is less, when fishing in the monkfish Northern Fishery 
Management Area (NFMA); and 50 lb (22.7 kg) tail weight/DAS when 
fishing in the monkfish Southern Fishery Management Area (SFMA)). A 
limited access monkfish DAS vessels fishing with trawl gear that is 
participating in this program under a NE multispecies DAS would be 
subject to the monkfish Incidental Catch limit applicable to the 
monkfish Incidental Catch permit (Category E), as well as the monkfish 
restrictions associated with the required use of the haddock separator 
trawl (as described below). That is, vessels would be subject to 500 lb 
(226.8 kg) whole weight of monkfish per trip when fishing in the 
monkfish NFMA; and 500 lb (226.8 kg) whole weight per trip or 50 lb 
(22.7 kg) tail weight per DAS, whichever is less, when fishing in the 
monkfish SFMA.
    In contrast to the Pilot Program, in which a trawl vessel was not 
required to utilize any particular gear type, under this proposed rule, 
a trawl vessel would be required to use an approved haddock separator 
trawl when participating in the Regular B DAS Program. Other trawl net 
configurations may be on board the vessel, provided they are properly 
stowed when the vessel is fishing under the Regular B DAS Program 
rules. The intent of this restriction is to further reduce the 
potential for vessels to catch stocks of concern, notably cod, 
yellowtail flounder, and winter flounder. Furthermore, for a trawl 
vessel fishing with the proposed haddock separator trawl, possession of 
flounders (all species, combined); monkfish (whole weight), unless 
otherwise specified below; and skates would be limited to 500 lb (227 
kg) each, and possession of lobsters would be prohibited, to help 
ensure the proper utilization of the haddock separator trawl; a 
properly configured haddock separator trawl should not catch large 
quantities of these species.
    If a vessel fishing under the Category B DAS Program harvests and 
brings on board a stock with an Incidental Catch TAC (cod, yellowtail, 
American plaice, witch flounder, white hake, SNE winter flounder, GB 
winter flounder), or southern windowpane flounder, ocean pout, Atlantic 
halibut, or monkfish, in excess of the landing limits, the vessel 
operator would be required to retain on board the excess catch of these 
species, and immediately notify NMFS, via VMS, that it is changing its 
DAS category from a Regular B DAS to a Category A DAS (i.e., ``DAS 
flip''). If a vessel flips from a Regular B DAS to a Category A DAS, it 
would be charged Category A DAS, which would accrue to the nearest 
minute, for the entire trip (i.e., not to the nearest day). In contrast 
to the Pilot Program rules, the proposed requirement to flip must be 
executed immediately upon exceeding the landing limit of any of the 
pertinent species, instead of at any time prior to crossing the VMS 
demarcation line. This restriction is being proposed to enhance the 
effectiveness and enforceability of the flipping provision. Once the 
vessel flips, it would be subject to the Category A trip limit 
restrictions. A vessel fishing in the Category B DAS Program must abide 
by all the reporting requirements described above for the duration of 
the trip, even if the vessel ``flips'' to a Category A DAS.
    In order to ensure that a vessel would always have the ability to 
flip to a Category A DAS while fishing under a Regular B DAS (should it 
catch a groundfish species of concern in an amount that exceeded the 
trip limit), with the exception of a vessel fishing in one of the two 
Differential DAS Areas, the number of Regular B DAS that would be 
allowed to be used on a trip would be limited to the number of Category 
A DAS that the vessel has at the start of the trip. For example, if a 
vessel plans a trip under the Regular B DAS 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. If 
a vessel is fishing in either the GOM Differential DAS Area or the SNE 
Differential DAS Area, the number of Regular B DAS that would be 
allowed to be used on a trip would be limited to the number of Category 
A DAS that the vessel has at the start of the trip divided by 2. For 
example, if a vessel plans a trip under the Regular B DAS Program and 
has 10 Category A DAS available, the maximum number of Regular B DAS

[[Page 42531]]

that the vessel could fish on that trip under the Regular B DAS Program 
would be 5.
    This action would provide the Regional Administrator authority to 
approve the use of additional gear specifically for this program based 
on approved gear standards recommended by the Council. After 
consideration of the Groundfish Committee's recommendation on the 
standards that must be met by potential gears, the Council could 
determine what standards, if any, would be recommended to the Regional 
Administrator, to facilitate the determination of whether a proposed 
gear type is acceptable based on whether the proposed gear has been 
demonstrated to reduce catch of groundfish stocks of concern. Upon 
receipt of the Council's recommendation on gear standards, NMFS may 
implement these standards in a manner consistent with the 
Administrative Procedure Act. If NMFS decides not to implement the 
Council's recommendation on gear standards, it must provide a written 
rationale to the Council regarding its decision not to do so.
    The Pilot Program implemented by FW 40-A allowed a vessel issued a 
limited access monkfish Category C or D permit to use a NE multispecies 
Regular B DAS to fulfill the requirements of the Monkfish FMP, which 
requires such a vessel to use a NE multispecies DAS every time a 
monkfish DAS is used. To reduce fishing mortality on monkfish resulting 
from the use of Regular B DAS, FW 3 would prohibit a limited access 
monkfish DAS vessel that also possesses a limited access NE 
multispecies DAS permit from using a monkfish DAS (in conjunction with 
a NE multispecies Regular B DAS) when participating in the Regular B 
DAS Program. This vessel would still be able to participate in this 
program and use a NE multispecies Regular B DAS, but it would be 
required to fish under a NE multispecies DAS only and would be subject 
to the monkfish trip limits specified above under this section. 
Discarding of legal-sized monkfish would be prohibited when fishing 
under this program.
    NMFS would administer the Regular B DAS Program quarterly DAS cap 
by monitoring the total number of Regular B DAS accrued on trips that 
begin and end under a Regular B DAS. Declaration of a Regular B DAS 
Program trip through VMS would not serve to reserve a vessel's right to 
fish under this program, because the vessel must also cross the 
demarcation line to begin a trip in this program. Once the maximum 
number of Regular B DAS are projected to be used in a quarter, the 
Regional Administrator would end the Regular B DAS Program for that 
quarter.
    In order to limit the potential impact of the Regular B DAS Program 
on the fishing mortality of groundfish stocks of concern, a quarterly 
Incidental Catch TAC would be set for certain groundfish stocks of 
concern for this program. Based upon the definition of Incidental Catch 
TACs and the allocation of Incidental Catch TACs among special programs 
(Table 3 and 4, respectively), the proposed Incidental Catch TACs 
allocated to the Regular B DAS Program are calculated and divided into 
quarterly Incidental Catch TACs as shown below in Table 6. The 
quarterly Incidental Catch TACs would be divided among quarters in 
order to correspond to the allocation of DAS among quarters. The 1st 
quarter (May-July) would receive 13 percent of the Incidental Catch 
TACs, and the remaining quarters (August-October, November-January, and 
February-April) would each receive 29 percent of the Incidental Catch 
TACs.

             Table 6. Proposed Incidental Catch TACs for the Regular B DAS Program (mt, live weight)
----------------------------------------------------------------------------------------------------------------
                                       FY 2006            FY 2007                        FY 2008
----------------------------------------------------------------------------------------------------------------
                                   Qtr 1    Qtr 2-4    Qtr 1   Qtr 2-4         Qtr 1               Qtr 2-4
----------------------------------------------------------------------------------------------------------------
GB cod                           8.0       17.8                                See NOTE
----------------------------------------------------------------------------------------------------------------
GOM cod                          6.5       14.5      12.9      28.7                   13.5                 30.1
----------------------------------------------------------------------------------------------------------------
GB yellowtail flounder           2.7       6.0                                 See NOTE
----------------------------------------------------------------------------------------------------------------
SNE/MA yellowtail                0.2       0.4       0.3       0.6                     0.4                  0.9
----------------------------------------------------------------------------------------------------------------
CC/GOM yellowtail                0.8       1.9       1.4       3.1                     1.8                  4.1
----------------------------------------------------------------------------------------------------------------
American plaice                  23.8      53.2      26.7      59.5                   33.3                 74.3
----------------------------------------------------------------------------------------------------------------
Witch flounder                   35.8      79.9      33.0      73.6                   28.2                 62.8
----------------------------------------------------------------------------------------------------------------
White hake                       5.3       11.9      4.4       9.7                     3.6                  7.9
----------------------------------------------------------------------------------------------------------------
SNE/MA winter flounder           3.2       7.2       3.9       8.7                     4.7                 10.4
----------------------------------------------------------------------------------------------------------------
GB winter flounder               1.9       4.1       2.1       4.6                     2.2                  5.2
----------------------------------------------------------------------------------------------------------------
NOTE: TACs for this stock depend on annual specification of TACs in the U.S./Canada Management Area. TACs would
  be calculated using the definition of Incidental Catch TACs and the allocation of Incidental Catch TACs among
  Special Programs (Table 3 and 4, respectively), as well as the quarterly division of the TAC described above.
  Separate specification of these TACs would not be necessary, because it is calculated based upon an explicit
  formula.

    With the exception of white hake, CC/GOM yellowtail flounder, and 
SNE/MA yellowtail flounder, if the Incidental Catch TAC for any one of 
these species were caught during a quarter (landings plus discards), 
use of Regular B DAS in

[[Page 42532]]

the pertinent stock area would be prohibited for the remainder of that 
quarter. Vessels would be able to once again use Regular B DAS under 
this program at the beginning of the subsequent quarter. When the white 
hake Incidental Catch TAC is caught, the possession of white hake when 
fishing under the Regular B DAS Program would be prohibited. For the 
CC/GOM and SNE/MA stocks of yellowtail flounder, when the respective 
Incidental Catch TACs are caught, only a portion of the stock area 
where the species is predominantly caught would be closed to Regular B 
DAS Program participants. Upon attainment of the CC/GOM yellowtail 
flounder incidental Catch TAC, the following 30-minute square blocks 
would close: Blocks 98, 114, 123, 124, 125, 132, and 133. Upon 
attainment of the SNE/MA yellowtail flounder Incidental Catch TAC, the 
following 30-minute square blocks would close: Blocks 70 to 73, 82 to 
88, 98, 99, and 101 to 103. Closure of only a portion of the two 
yellowtail stock areas is a change from the original Pilot Program 
(which closed the whole stock areas). Given the very small Incidental 
Catch TACs for these two stocks, the intent of these smaller closures 
is to prevent closure of the whole stock area and allow continued 
fishing under the Regular B DAS Program in areas where little or no 
yellowtail flounder is likely to be caught.
    Under the Pilot Program, the Regional Adminstrator had the 
authority to prohibit the use of Regular B DAS for the duration of a 
quarter or fishing year, if it was 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. This proposed rule would 
continue this authority, but would provide additional reasons for 
terminating the program. Additional reasons for terminating the program 
would include, but would not be limited to, the following: Inability to 
restrict catches to the Incidental Catch TACs; evidence of excessive 
discarding; evidence of a significant difference in flipping rates 
between observed and unobserved trips; and insufficient observer 
coverage to adequately monitor the program, particularly if coverage 
declines below the Council's recommendation of 36 percent (the same 
level of observer coverage as occurred during the original Pilot 
Program).

11. Renewal of DAS Leasing Program

    The DAS Leasing Program was first implemented by Amendment 13 to 
help mitigate the economic and social impacts of effort reductions in 
the fishery, and expired on April 30, 2006. The Secretarial emergency 
rule, which will expire on October 10, 2006, without further action, 
continued this program from May 1, 2006, through October 10, 2006. This 
proposed rule would continue 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.

12. Renewal and Modification of the Eastern U.S./Canada Haddock SAP

    The Eastern U.S./Canada Haddock SAP Pilot Program was promulgated 
by regulations implementing FW 40-A in order to enable haddock harvest 
to approach OY and to mitigate the economic and social impacts of 
effort reductions in the fishery. The Eastern U.S./Canada Haddock SAP 
Pilot Program was implemented for a duration of 2 years, and will 
expire on November 20, 2006. This action would renew and modify the 
Eastern U.S./Canada Haddock SAP for fishing years 2006 through 2008. 
The SAP was originally characterized as a ``Pilot'' Program due to the 
uncertainties regarding the impacts of the SAP. Because the best 
available information indicates that the SAP did not undermine the 
fishing mortality objectives of the FMP during the Pilot phase, under 
this proposed rule, the program would no longer be characterized as a 
``Pilot'' Program. This proposed rule would continue the Eastern U.S./
Canada Haddock SAP as originally implemented, with the proposed 
modifications to the SAP described below.
    The Eastern U.S./Canada Haddock SAP Program would allow limited 
access NE multispecies DAS vessels fishing with an authorized haddock 
separator trawl to catch haddock using a Category B DAS, in a portion 
of the Eastern U.S./Canada Area, including the northern-most tip of CA 
II. The proposed time period for the SAP would be August 1 - December 
31. This time period represents a modification from the previous start 
date of May 1, in order to reduce the likelihood of high cod catch 
rates (that typically occur in the late spring and summer), reduce 
potential impacts on GB yellowtail flounder, and reduce likelihood of 
early closure of the SAP triggered by the catch of the GB cod 
Incidental Catch TAC (described below). Delaying the start date to 
August 1, is intended to help prevent an early closure of this area and 
thereby prolong the period of time during which vessels have access to 
the haddock fishery in the area under a Category B DAS.
    In a manner similar to the provision proposed under the Regular B 
DAS Program, this action would provide the Regional Administrator 
authority to approve the use of additional gear specifically for this 
SAP based on approved gear standards recommended by the Council. After 
consideration of the Groundfish Committee's recommendation on the 
standards that must be met by potential gears to be used in this SAP, 
the Council could determine what standards, if any, would be 
recommended to the Regional Administrator, to facilitate the 
determination of whether a proposed gear type is acceptable, based on 
whether the proposed gear has been demonstrated to reduce catch of 
groundfish stocks of concern. Upon receipt of the Council's 
recommendation on gear standards, NMFS may implement these standards 
through a regulatory action consistent with the Administrative 
Procedure Act. If NMFS decides not to implement the Council's 
recommendation on gear standards, it must provide a written rationale 
to the Council regarding its decision not to do so.
    New restrictions are proposed for trips on which use of the haddock 
separator trawl is required (including this SAP). For trawl trips, 
possession of flounders (all species, combined); monkfish (whole 
weight), unless otherwise specified below; and skates would be limited 
to 500 lb (227 kg) each per trip; and possession of lobsters would be 
prohibited to help ensure the proper utilization of the haddock 
separator trawl.
    In order to limit the potential impact on fishing mortality that 
the use of Category B DAS may have on GB cod, an annual GB cod 
Incidental Catch TAC would be specified for this SAP that represents 34 
percent of the overall Incidental Catch TAC for GB cod (19.6 mt for FY 
2006). In addition to an Incidental Catch TAC for GB cod, this action 
would also establish two new Incidental Catch TACs for GB yellowtail 
flounder and GB winter flounder for this SAP. The Incidental Catch TACs 
for these two species in this SAP each represent 50 percent of the 
respective overall Incidental Catch TACs for these stocks allocated to 
Special Programs. The proposed 2006 GB yellowtail flounder Incidental 
Catch TAC would be 20.7 mt, and the proposed GB winter flounder 
Incidental Catch TACs for 2006-2008 would be 14.3, 16.1, and 17.8 mt, 
respectively. The GB yellowtail flounder Incidental Catch TAC is 
dependent upon the annual

[[Page 42533]]

specification of the U.S./Canada TACs, and therefore would be 
calculated on an annual basis for the 2007 and 2008 fishing years. 
Separate specification of this TAC would not be necessary, because it 
is calculated based upon an explicit formula. Participation in the SAP 
by vessels using a Category B DAS would be prohibited when any one of 
the three Incidental Catch TACs are projected to have been caught.
    Many of the associated requirements proposed for this SAP would be 
the same as the proposed reporting requirement that would be applicable 
to all Special Programs, as explained under Section 17 in this 
preamble. The last aspect of this SAP that represents a change from the 
Pilot Program is the proposed restriction on discarding while under a 
Category B DAS, which would apply to all regulated NE multispecies, 
Atlantic halibut, and ocean pout under this proposed rule, rather than 
applying only to cod. All other proposed measures for this SAP are 
consistent with the measures previously implemented.

13. Modification to CA I Hook Gear SAP

    FW 42 proposes to specify a haddock TAC for this SAP for fishing 
years 2006 through 2008, and provide the Regional Administrator the 
authority to adjust these TACs based on future stock assessments using 
a specified formula. The formula would be based upon the size of the 
haddock TAC allocated for the 2004 fishing year (1,130 mt live weight) 
and, based on new information, would be adjusted according to the 
growth/decline of the western GB (WGB) haddock exploitable biomass in 
relationship to its size in 2004. The size of the WGB component of the 
stock is currently considered to be 35 percent of the total stock size 
(unless modified by a new stock assessment). The formula is as follows: 
TACyear x = (1,130 mt live weight) x (Projected WGB Haddock 
Exploitable Biomassyear!x / WGB Haddock Exploitable 
Biomass2004).

    Table 7. Proposed CA I Haddock SAP TACs for Fishing Years 2006-2009, and pertinent historic information.
----------------------------------------------------------------------------------------------------------------
                                      Total GB Haddock      WGB Haddock      Ratio of Total
                                      Stock Exploitable     Exploitable        GB Haddock        TAC (mt live
            Fishing Year                Biomass (mt x      Biomass (mt x      Stock to WGB         weight)
                                           1,000)              1,000)          Component
----------------------------------------------------------------------------------------------------------------
2004                                 100.907             35.317             N/A                           1,130
----------------------------------------------------------------------------------------------------------------
2005                                 137.341             48.069             1.361                         1,538
----------------------------------------------------------------------------------------------------------------
2006                                 202.261             70.791             2.004                         2,265
----------------------------------------------------------------------------------------------------------------
2007                                 442.427             154.849            4.385                         4,955
----------------------------------------------------------------------------------------------------------------
2008                                 560.303             196.106            5.553                         6,275
----------------------------------------------------------------------------------------------------------------
For example for 2006, based on the information in the table and the formula: (202.261) x (35%) = 70.791; 70.791/
  35.317=2.004; and (1,130) x (2.004) = 2,265 mt.

    When the haddock TAC is harvested, the SAP would close. The 
standardized reporting requirements as discussed in section 17 of this 
preamble would apply to this SAP.

14. GB Cod Fixed Gear Sector

    This action would authorize the formation of a second sector in the 
FMP, the GB Cod Fixed Gear Sector (Fixed Gear Sector), in accordance 
with the procedures and requirements implemented by Amendment 13 (Sec.  
648.87). Requirements underSec.  648.87(b) that apply to all sectors 
would apply to the proposed Fixed Gear Sector, including, but not 
limited to the following: Voluntary membership; an allocation based on 
a hard TAC or DAS usage; a maximum allocation of 20 percent of a 
stock's TAC; an allocation based upon landings histories for fishing 
years 1996 through 2001 (for sectors formed during the period 2004 
through 2007 to harvest GB cod); a requirement that sector members must 
remain in the sector for the entire fishing year and must abide by the 
rules that apply to the sector for the entire fishing year; termination 
of sector operations for the remainder of the fishing year once a hard 
TAC allocated to a sector is projected to be exceeded, and, if a hard 
TAC allocated to a sector is exceeded in a given fishing year, a 
required reduction (in the amount of the overage) from the sector's 
allocation the following fishing year.
    The primary purpose of the proposed Fixed Gear Sector is to fish in 
an efficient manner, under customized managed measures, for the primary 
purpose of harvesting GB cod. A vessel fishing in the Fixed Gear Sector 
would be restricted to fishing with either jigs, non-automated demersal 
longline, hand gear, or sink gillnets. The Fixed Gear Sector, as 
required under Sec.  648.87(b)(2), must submit an Operations Plan and 
Fixed Gear Sector Contract to the Regional Administrator at least 3 
months prior to the beginning of each fishing year. This proposed rule 
would authorize the formation of the Fixed Gear Sector, but would not 
constitute approval of the operation of the Fixed Gear Sector during 
the 2006 fishing year. The proposed Sector would be authorized to 
operate during the 2006 fishing year only if the Sector is approved in 
FW 42, and if the Regional Administrator approves an initial Operations 
Plan and Sector Contract for fishing year 2006. The Fixed Gear Sector 
submitted an Operations Plan and Sector Contract to the Regional 
Administrator on February 1, 2006. If the essential criteria for an 
Operations Plan and Sector Contract are met, the proposed Operations 
Plan, containing the rules under which the Fixed Gear Sector would 
operate, would be published in a separate Federal Register document and 
public comment solicited prior to making a final decision to authorize 
operation of the Sector in the 2006 fishing year. Because the Fixed 
Gear Sector could not be approved prior to the start of the May 1, 2006 
fishing year, the Fixed Gear Sector's Operations Plan would need to 
provide an acceptable method for accounting for any groundfish DAS used 
or any GB cod caught in the 2006 fishing year prior to Regional 
Administrator approval.
    As described above, a vessel fishing in the Fixed Gear Sector would 
be restricted to fishing with various gear, including jigs; however 
jigs are not defined in the regulations. This proposed rule includes a 
definition of jigging and jig as follows: Jigging, with respect to the 
NE multispecies fishery,

[[Page 42534]]

means fishing for groundfish with hook and line gear (hand line or rod 
and reel) using a jig, which is a weighted object attached to the 
bottom of the line used to sink the line and/or imitate a baitfish, 
which is moved (``jigged'') with an up and down motion.

15. Eastern U.S./Canada Area Flexibility

    This action proposes to allow a vessel that fishes in the Eastern 
U.S./Canada Area to choose to fish in other areas outside of the 
Eastern U.S./Canada Area on the same trip, with an exception noted 
below. If a vessel chooses to fish both inside and outside of the 
Eastern U.S./Canada Area on the same trip, the operator must notify 
NMFS via VMS prior to leaving the dock or at any time during the trip 
prior to leaving the Eastern U.S./Canada Area, and must comply with the 
most restrictive regulations for the areas fished, regardless of area 
fished for the entire trip. For example, a vessel electing to fish 
inside and outside of the Eastern U.S./Canada Area on the same trip 
would not receive any steaming time credit, and all cod, haddock, and 
yellowtail flounder caught on the entire trip would be applied against 
the pertinent U.S./Canada Management Area TACs for these species. In 
addition, the vessel must comply with reporting requirements for the 
Eastern U.S./Canada Area for the entire trip.
    A vessel would be prohibited from fishing in the CC/GOM or SNE/MA 
yellowtail flounder stock areas if, when fishing in the Eastern U.S./
Canada Area, it exceeded the yellowtail flounder trip limit specified 
for these areas (i.e., 250 lb (113.4 kg)/day to 1,000 lb (453.6 kg)/
trip). Prohibiting a vessel from fishing outside of the Eastern U.S./
Canada Area on the same trip if it has exceeded the CC/GOM or SNE/MA 
trip limit for yellowtail flounder is necessary to preclude the 
possibility of a vessel discarding its yellowtail flounder in order to 
fish outside of the area. A vessel that fishes inside and outside of 
the Eastern U.S./Canada Area on the same trip may also fish in one of 
the Differential DAS Areas (and accrue DAS at the higher rate), 
described in sections 7 and 8 of this preamble, provided the vessel 
declares its intent to fish in such areas via VMS prior to leaving the 
Eastern U.S./Canada Area.
    This proposed measure would address a potential safety concern that 
has resulted from the Amendment 13 restriction that vessels fishing in 
the Eastern U.S./Canada Area cannot fish in any other area on the same 
trip. If bad weather is forecast, a vessel operator fishing in the 
Eastern U.S./Canada Area under current rules has only two choices: End 
the trip early, or continue to fish in the Eastern U.S./Canada Area. 
The concern is that fishermen, during inclement weather, would keep 
fishing in the Eastern U.S./Canada Area until it is too late to evade a 
rapidly advancing storm. This proposed measure would provide fishermen 
that have declared their intent to fish in the Eastern U.S./Canada Area 
the option of also fishing outside of the Eastern U.S./Canada Area on 
that same trip. This would reduce the chances of an economic loss for 
the trip and, therefore, reduce the economic incentive for a vessel 
operator to fish under unsafe weather conditions.

16. Modification of the DAS Transfer Program

    The proposed action would modify several aspects of the DAS 
Transfer Program. The intent of these changes are to increase the 
utility of the program, provide clarification of program details that 
were not previously considered, and support effective administration of 
the program by NMFS.
    The DAS Transfer Program was implemented by Amendment 13 in order 
to provide vessel owners an opportunity to mitigate the negative 
economic impacts of the regulations, enhance flexibility within the 
groundfish fleet, and provide opportunities for fleet rationalization. 
However, some industry members have commented that the DAS Transfer 
Program has not been used by vessel operators because the restrictions 
associated with the program are too severe. Therefore, this action 
would modify two fundamental aspects of the program in order to make 
the program rules less restrictive. Under this proposed rule, the 
vessel transferring its NE multispecies DAS permit (transferor) would 
no longer be required to exit all state and Federal fisheries, and 
would be allowed to acquire other fishing permits (i.e., other Federal 
limited access permits, Federal open access permits, and/or state 
permits) after the transfer. Secondly, other non-groundfish permits 
that the transferor vessel has would no longer automatically expire, 
but could be transferred as a bundle to the vessel receiving the NE 
multispecies DAS permit (subject to pertinent regulations regarding 
vessel replacement). Duplicate permits would expire, and a vessel would 
not be able to consolidate DAS or other allocations from non-groundfish 
permits. Non-groundfish permits would still be subject to all 
applicable regulations such as vessel replacement size restrictions. 
The program would maintain the conservation tax of 20 percent on 
Category A and Category B DAS, as well as the conservation tax of 90 
percent on Category C DAS, in order to support the program's goal of 
long-term reduction in fishing effort.
    Because the execution of a DAS transfer is a process whereby two 
limited access NE multispecies permits (with two baselines, DAS 
allocations, and histories) become a single permit (with a single 
baseline, DAS allocation, and history), this action would also specifiy 
the rules that pertain to the resultant single permit. All history 
associated with the transferred NE multispecies DAS permit would be 
acquired by the recipient (transferee), and would subsequently be 
associated with the permit rights of the transferee. The pertinent 
history would include catch history, DAS use history, and permit rights 
history. Neither the individual elements of the history associated with 
the transferor vessel, nor the total history may be separated from the 
NE multispecies DAS being transferred. With respect to vessel baseline 
characteristics, the baseline of the transferee vessel would be the 
smaller baseline of the two vessels or, if the transferee vessel had 
not previously upgraded under the vessel replacement rules, it could 
choose to adopt the larger baseline of the two vessels, which would 
constitute the vessel's one-time upgrade, if such upgrade is consistent 
with the vessel replacement rules.
    Because limited access Hook Gear vessels (Category D) are not 
allowed to change permit categories under current permit rules, this 
proposed action would clarify that vessels with a limited access NE 
multispecies Category D permit would only be allowed to transfer their 
NE multispecies DAS (acting as a transferor) to another Category D 
vessel. However, such vessels could participate in a DAS transfer as a 
transferee vessel and acquire DAS from any limited access NE 
multispecies DAS permit category. That is, a Category D Hook Gear 
vessel would be allowed to transfer DAS only to another Category D Hook 
Gear vessel, but could receive transferred DAS from any limited access 
NE multispecies DAS permitted vessel.
    In order to simplify the DAS Transfer Program, the proposed action 
would clarify that, for the purposes of calculating the DAS 
conservation tax, the transferee would be required to specify which 
vessel's DAS are being acquired and are, therefore, subject to the 
conservation tax. If a conservation tax were to apply strictly to the 
DAS acquired from the transferor vessel, buyers would have a strong 
incentive to arrange the DAS Transfer Program transaction such that it 
would result in

[[Page 42535]]

the permit with the least number of DAS being designated as the 
transferor (seller) permit.
    Lastly, for administrative purposes, the proposed action would 
prohibit a vessel from participating in the DAS Leasing Program as a 
lessee or lessor during a particular fishing year and then subsequently 
participating in the DAS Transfer Program as a transferor during the 
same fishing year. A vessel would be allowed to participate in the DAS 
Leasing Program as a lessor or as a lessee and then submit an 
application for a DAS transfer as a transferor, but the transfer, if 
approved, would not be effective until the beginning of the following 
fishing year. Vessels would not be prohibited from participating in the 
DAS Leasing Program after a DAS transaction has occurred.

17. Standardized Requirements for Special Management Programs

    Under current regulations, the Special Management Programs under 
Sec.  648.85 (U.S./Canada Resource Sharing Understanding, Regular B DAS 
Pilot Program, CA I Hook Gear Haddock SAP, CA II Yellowtail Flounder 
SAP, and Eastern U.S./Canada Haddock SAP Pilot Program) have many 
similar requirements. The proposed action would modify and standardize 
the requirements that apply to the Special Management Programs in order 
to improve the reporting of directed catch and bycatch, reduce 
discarding, enhance enforcement, simplify the administration of these 
programs, and reduce industry confusion regarding such rules. In some 
of these Programs, additional requirements apply that were previously 
implemented. The standardized requirements are described below, and any 
new requirement, or new application of an existing requirement is 
noted.
    The current requirement for the use of VMS and the advance notice 
to the observer program prior to each trip would continue. For all 
Special Management Programs, the catch location, which is required in 
order to accurately attribute catch to the appropriate stock area, 
would be determined by NMFS through the use of VMS positional data and 
other available data. For all Special Management Programs, the species 
that must be reported daily (catch and discards) would be haddock and 
all species for which a stock of concern has been identified as likely 
to be caught in a Special Management Program (currently, the species 
with stocks of concern identified as such are: Cod, yellowtail 
flounder, winter flounder, witch flounder, white hake, and American 
plaice).
    For all Special Management Programs, there would be a new 
requirement to report the date of the catch. Currently NMFS must infer 
which date the fish were caught on, based upon the time NMFS receives 
the VMS report (and in consideration of the requirement that states 
when a vessel must report). The proposed measure to require the vessel 
operator to explicitly state on which date the fish were caught would 
provide assurance of the collection of pertinent information and would 
help to improve the accuracy of the data. As under current regulations, 
the vessel may report catch for a particular day of fishing at any time 
of the day on which it was caught, up until 0900 hr the following day.
    For all Special Management Programs, there would be a new 
requirement to report the serial number of the Vessel Trip Report 
(VTR). A vessel operator would be required to report the serial number 
from the first page of the logbook on the daily VMS catch report. 
Because the serial numbers are associated with individual vessels, a 
vessel operator would be prohibited from sharing logbooks with other 
vessel operators. The VTR serial number would serve as an important 
tool that would enable fishery managers to make better use of available 
data by linking VTR data with dealer and DAS data. The improved linkage 
of various data sources would allow a more integrated use of available 
data.
    While participating in SAPs and the Regular B DAS Program, a vessel 
would be prohibited from discarding legal-sized regulated NE 
multispecies, Atlantic halibut, and ocean pout while fishing under a 
Category B DAS. The proposed action would also require a vessel that is 
participating in either the Regular B DAS Program or a SAP that exceeds 
any of the NE multispecies trip limits, to exit these respective 
programs. With the exception of the CA I Hook Gear Haddock SAP, a 
vessel would be required to exit the Special Management Program and 
``flip'' to a Category A DAS as soon as the maximum trip limit is 
exceeded. Current regulations require flipping to occur prior to 
crossing the VMS demarcation line on a vessel's return to port. 
Requiring a vessel to flip immediately would make the flipping 
provision more enforceable and reduce the likelihood that vessels may 
be tempted to delay flipping to Category A DAS in order to save more 
valuable Category A DAS. The requirement that vessels participating in 
the Special Management Programs report daily via VMS would continue, 
even after a vessel is required to exit the program.

18. Gear Performance Incentives for Special Management Programs

    The proposed action would require that, in times and areas when a 
Special Management Program requires a vessel to use a haddock separator 
trawl or other gear authorized by the program to reduce catches of 
stocks of concern, possession of flounders (all species combined), 
monkfish (live/whole weight), and skates (live/whole weight) would be 
limited to 500 lb (226.8 kg) each, per trip. Possession of lobsters 
would be prohibited. If a specific program includes a possession limit 
that conflicts with the Gear Performance Incentives, the most 
restrictive limit would apply. For example, a vessel fishing under a NE 
multispecies Category B DAS in the proposed Regular B DAS Program in 
the monkfish SFMA, that has a limited access monkfish Category C or D 
permit (and would not be able to fish under a monkfish DAS) would be 
limited to 50 lb (22.7 kg) of monkfish per trip. The intent of the 
proposed measure is to increase the incentive for vessels to configure 
the gear properly because only relatively small amounts of these 
species may be landed when using the gear. The proposed gear 
performance incentive requirement would apply to the Regular B DAS 
Program, NE multispecies SAPs, and the Eastern U.S./Canada Management 
Area (if/when the haddock separator trawl is the only allowable trawl 
net).

19. Modification of Cod Landing Limit in Eastern U.S./Canada Area

    Currently, a vessel fishing in the Eastern U.S./Canada Area under a 
Category A DAS may not land more than 500 lb (226.8 kg) of cod per DAS, 
or any part of a DAS, up to 5,000 lb (2,268 kg) per trip, not to exceed 
5-percent of the total catch on board, whichever is less. This proposed 
rule would remove the restriction pertaining to cod not exceeding 5-
percent of the total weight of fish on board in order to eliminate a 
problem with the proposed regulations for vessels fishing in the 
Regular B DAS Program. A vessel fishing under a Regular B DAS in the 
Eastern U.S./Canada Area may possess no more than 100 lb (45.4 kg) of 
cod per DAS, up to 1,000 lb (453.6 kg) per trip. For such a vessel 
there is no restriction with respect to the percent of total catch, and 
the vessel may not discard regulated NE multispecies. If such a vessel 
is required to flip from a Category B to a Category A DAS, it is then 
subject to the rules that pertain to the Eastern

[[Page 42536]]

U.S./Canada Area and may immediately be in violation of the possession 
limit. Elimination of this 5-percent restriction would prevent a 
situation where a vessel operator would have no ability to avoid being 
in violation of the possession limit upon flipping (prior to flipping, 
the vessel is prohibited from discarding).

20. SNE/MA RMA Trawl Codend Mesh Requirement

    The proposed action would modify the current trawl codend mesh 
requirement applicable to the SNE/MA RMA from 6.5-inch (15.2-cm) square 
or 7.0-inch (17.8-cm) diamond mesh to 6.5-inch (15.2-cm) square or 6.5-
inch (15.2-cm) diamond mesh. The goal of this measure is to encourage 
the use of a 6.5-inch (15.2-cm) diamond mesh while fishing for 
yellowtail flounder in order to reduce yellowtail flounder discards. A 
6.5-inch (15.2-cm) diamond mesh would provide more escapement for small 
yellowtail flounder than does the 6.5-inch (15.2-cm) square mesh, which 
the industry currently prefers to use instead of the 7.0-inch (17.8-cm) 
diamond mesh codend.

21. Regional Administrator Authority to Adjust Trip Limits for Target 
TAC Stocks

    The proposed action would require the Regional Administrator to 
monitor the catch of all the groundfish species with trip limits (and 
target TACs) and adjust trip limits upwards for the purpose of 
facilitating harvest of the target TACs, if it is projected that less 
than 90 percent of the target TAC will be caught during the fishing 
year. Trip limit changes would be allowed at any time during the 
fishing year, or before the start of the fishing year, if information 
is sufficient to make the necessary projections.

22. Regional Administrator Authority to Adjust Measures in the U.S./
Canada Management Area

    The proposed action would expand the Regional Administrator's 
authority to adjust management measures in the U.S./Canada Management 
Area, after consultation with the Council, in order to more effectively 
prevent overharvesting or to facilitate harvesting of the hard TACs 
(and achieving OY). Current regulations limit the Regional 
Administrator authority's to adjusting the U.S./Canada Management Area 
measures when 30 percent and/or 60 percent of the hard TACs (for GB 
yellowtail flounder, Eastern GB haddock, and Eastern GB cod) are 
projected to be harvested. The proposed action would allow the Regional 
Administrator to make adjustments to management measures at any time 
during the fishing year, as well as prior to the start of the fishing 
year for the subsequent fishing year, if information is sufficient to 
make the necessary projections.
    This proposed rule would eliminate the required implementation of a 
trip limit for Eastern GB haddock (i.e., when 70 percent of the TAC is 
projected, the Regional Administrator must implement a possession limit 
of 1,500 lb (680.4 kg) per day, up to 15,000 lb (6,804.1 kg) per trip). 
Although the Council did not propose the elimination of this non-
discretionary trip limit, NMFS is proposing its removal under authority 
of section 305(d) of the Magnuson-Stevens Act, which allows NMFS to 
promulgate regulations as necessary for the general responsibility of 
carrying out an FMP. Specifically, the required trip limit for Eastern 
GB haddock, in the context of the proposed expansion of Regional 
Administrator's authority to modify U.S./Canada Management Area 
regulations would be of little value. For example, if the required trip 
limit trigger remained in place, if the Regional Administrator projects 
that 70 percent of the Eastern GB haddock TAC will be harvested and 
implements the non-discretionary trip limit, the Regional Administrator 
would have the authority to immediately remove the trip limit. Under 
the proposed regulations, the Regional Administrator could implement 
such a trip limit, if appropriate, but would have to implement a 
specific haddock trip limit when 70 percent of the harvest is attained.
    This proposed measure would also clarify that the Regional 
Administrator may implement different management measures for vessels 
using Category A DAS and Category B DAS, and require that the Regional 
Administrator, when determining in season adjustments, consider Council 
intent that opportunities for fishing on Category A DAS should take 
precedence over opportunities to fish under Category B DAS.

24. Other Measures

    For vessels fishing under the proposed Regular B DAS Program, or 
for trips where vessels have declared that they will be fishing inside 
and outside of the Western U.S./Canada Area on the same trip, the 
current daily reporting of the statistical area fished (to determine 
catch location) would no longer be required. Because vessels that fish 
in these programs are required to have an operational VMS, NMFS is able 
to determine location fished using VMS positional data. Further, on 
trips where a vessel fishes inside and outside of the Western U.S./
Canada Area, the vessel operator would no longer be required to report 
catch as the vessel crosses into and out of the area, and would be 
subject only to the daily reporting requirement.

Request for Comments

    The public is invited to comment on any of the measures proposed in 
this rule. NMFS is especially interested in receiving comment on one 
proposed measure over which the agency has concerns, particularly 
regarding whether the measures are consistent with achieving the 
objectives of the NE Multispecies FMP, whether such measures would be 
effective in achieving the objective of the measures, and whether such 
measures would be cost effective. The issue of concern is the 
following:

Regional Administrator Authority to Adjust Trip Limits for Target TAC 
Stocks

    The proposed action would require the Regional Administrator to 
monitor the catch of the groundfish species that have trip limits 
associated with them (and target TACs), and adjust these trip limits 
upwards if it can be projected that less than 90 percent of the target 
TAC for this species will be caught (see item Section 21 above). This 
proposed measure would expand the Regional Administrator's authority to 
increase trip limits for five stocks (the current regulations already 
provide authority for the Regional Administrator to modify the haddock 
trip limit). The stocks with target TACs and trip limits that would be 
affected by this proposed measure are GOM cod, GB cod, white hake, GB 
winter flounder, CC/GOM yellowtail flounder, and SNE/MA yellowtail 
flounder.
    Administratively, this measure would be problematic to implement. 
Data on the catch amount and location of affected stocks are not 
available on a real-time basis and, depending upon the size of the TAC 
and the rate of harvest, there may not be timely enough information to 
make an accurate projection. To monitor these stocks, NMFS would need 
to rely on VTR data and dealer data to make projections and, although 
such data provide some useful information, sufficient information on 
both catch amount and catch location would not be available on a real-
time basis. If NMFS increased trip limits based upon data that 
underestimated the amount of catch, there would be the risk that the 
catch could exceed the target TAC. The proposed measure does

[[Page 42537]]

not include a corresponding mechanism for the Regional Administrator to 
decrease trip limits, therefore allowing no mechanism to lower trip 
limits based on revised or corrected information. In addition, the 
composition of target TACs for three of the affected stocks also 
include discard data or recreational data, which also would not be 
available on a real-time basis. In order to implement a trip limit 
adjustment for stocks with target TACs, additional reporting 
requirements and Regional Administrator authority would be necessary.

Classification

    At this time, NMFS has not made a final determination that the 
measures this proposed rule would implement are consistent with the 
national standards of the Magnuson-Stevens Act and other applicable 
laws. NMFS, in making the final determination, will take into account 
the data, views, and comments received during the comment period.
    This proposed rule has been determined to be significant for the 
purposes of Executive Order (E.O.) 12866.
    This proposed rule does not contain policies with Federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    An IRFA was prepared as required, which has been adopted by NMFS 
for this action, as required by section 603 of the Regulatory 
Flexibility Act (RFA). Below is a summary of the IRFA, which describes 
the economic impact this proposed rule, if adopted, would have on small 
entities. A description of the action, why it is being considered, and 
the legal basis for this action are contained in the preamble to this 
proposed rule and in the Executive Summary and section 3.0 of the EA 
prepared for this action. The Proposed Alternative would implement a 
fishery-wide modification to the DAS allocations (reduction in Category 
A DAS), differential DAS in two areas, recreational measures, and 
commercial trip limits as the principal means of reducing fishing 
effort in the NE multispecies fishery. In addition to the measures 
designed to reduce fishing mortality, FW 42 proposes modification and/
or renewal of three Special Management Programs (Regular B DAS Program, 
Eastern U.S./Canada Haddock SAP, and CA I Hook Gear Haddock SAP), 
renewal of the DAS Leasing Program, approval of the GB Cod Fixed Gear 
Sector, and other relatively minor adjustments to the FMP.
    In addition to the Proposed Alternative, the No Action Alternative 
and six other alternatives were analyzed and considered. The No Action 
Alternative would result in the continuation of the management measures 
implemented by Amendment 13, and subsequent framework actions (FW 40-A, 
FW 40-B, and FW 41). More specifically, the No Action Alternative would 
continue most of the management measures that have been in place since 
May 2004 (as modified by frameworks), but would include changes to the 
regulatory regime as a result of default measures previously scheduled 
to be implemented in fishing year 2006, as well as Special Management 
Programs previously scheduled to expire. The default measures that 
would be implemented under the No Action Alternative would include a 
change to the DAS allocations, which results in an 8-percent reduction 
in Category A DAS (the same modification to the DAS allocations as the 
Proposed Alternative), and counting DAS in the SNE RMA at the rate of 
1.5:1. The programs that would expire under the No Action Alternative 
include the DAS Leasing Program, the Regular B DAS Pilot Program, and 
the Eastern U.S./Canada Haddock SAP Pilot Program.
    The other six alternatives are similar to each other and the 
Proposed Alternative with respect to the inclusion of commercial trip 
limits, recreational measures, renewal of the Special Management 
Programs and DAS Leasing Program, and approval of the Fixed Gear 
Sector. The substantive difference between the six alternatives, and 
the principal reason that the impacts of the alternatives are 
different, is that the reliance on different DAS strategies to control 
fishing effort. The alternatives are limited by the need to meet the 
conservation objectives of the FMP. Alternatives 1 and 2 utilize 
Category A DAS reductions and differential counting of DAS in areas of 
the GOM and SNE. The difference between the two alternatives is the 
size of the differential DAS area and the size of the Category A DAS 
reduction (22 percent and 23 percent, respectively). Alternatives 3 and 
4 utilize Category A DAS reductions and revised DAS counting systems in 
the GOM. Alternative 3 would count DAS as a minimum of 12 hr and reduce 
Category A DAS by 38 percent, and Alternative 4 would count DAS as a 
minimum of 24 hr and reduce Category A DAS by 25 percent. Alternative 5 
would rely on a 40-percent reduction in Category A DAS, and Alternative 
E utilizes the default DAS reduction (8 percent) with differential DAS 
counting in SNE and counting of DAS as a minimum of 24 hr (in all 
areas).

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

    Any vessel that possesses a NE multispecies permit would be 
required to comply with the proposed regulatory action. However, for 
the purposes of determination of impact, only vessels that actually 
participated in an activity during fishing year 2004 that would be 
affected by the proposed action were considered for analysis. Vessels 
that were inactive were not considered because it is not likely that 
the participation level will increase in the future under the proposed 
regulatory regime. During fishing year 2004, 1,002 permit holders had 
an allocation of Category A DAS. Limited access permit holders may 
participate in both commercial and party/charter activity without 
having a party/charter permit. In fishing year 2004, 705 entities 
participated in the commercial groundfish fishery, and 6 participated 
in the party/charter fishery for GOM cod. Four of these entities 
participated in both commercial and party/charter activities, leaving a 
total of 707 unique vessels with an allocation of Category A DAS that 
may be affected by the proposed action. Based on fishing year 2004 
data, the proposed action would have a potential impact on a total of 
3,216 limited or open access groundfish permit holders, of which less 
than one-third (976) actually participated in either a commercial or 
party/charter activity that would be affected by the proposed action. 
Of these, 858 commercial fishing vessels would be affected by this 
proposed action, including 132 limited access monkfish Category C or D 
vessels that fished in the Regular B DAS Pilot Program during fishing 
years 2004-2005.
    The SBA size standard for small commercial fishing entities is $4 
million in gross sales, and the size standard for small party/charter 
operators is $6.5 million. Available data for fishing year 2004 gross 
sales show that the maximum gross sales for any single commercial 
fishing vessel was $1.8 million, and the maximum gross sales for any 
affected party/charter vessel was $1.0 million. While an entity may own 
multiple vessels, available data make it difficult to determine which 
vessels may be controlled by a single entity. For this reason, each 
vessel is treated as a single entity for purposes of size determination 
and impact assessment. This means that all commercial and party/charter 
fishing entities would fall under the SBA size standard for small

[[Page 42538]]

entities and, therefore, there is no differential impact between large 
and small entities.

Economic Impacts of the Proposed Action

    The proposed action would continue the default DAS allocations that 
took effect on May 1, 2006; specify target TACs and Incidental Catch 
TACs for the 2006, 2007, and 2008 fishing years; implement a VMS 
requirement for groundfish DAS vessels; implement differential DAS 
counting in specific areas of the GOM and SNE; modify the recreational 
possession restrictions and size limits for GOM cod; modify current and 
implement new commercial trip limits for several species; renew and 
modify the Regular B DAS Program, including the rules pertaining to 
monkfish vessels; renew and modify the Eastern U.S./Canada Haddock SAP; 
renew the DAS Leasing Program; modify the CA I Hook Gear Haddock SAP; 
authorize the GB Cod Fixed Gear Sector; provide flexibility for vessels 
to fish inside and outside of the Eastern U.S./Canada Area on the same 
trip; modify reporting requirements for Special Management Programs; 
modify the DAS Transfer Program; modify the cod trip limit for the 
Eastern U.S./Canada Area; implement gear performance incentives for the 
haddock separator trawl; modify the trawl codend mesh size requirement 
in the SNE RMA; and modify the Regional Administrator's authority to 
adjust certain possession limits.
    The economic impacts of the proposed DAS allocations, differential 
DAS counting, and trip limits were analyzed using the Closed Area Model 
(CAM). Separate analyses were conducted for the impacts of the 
recreational measures, continuation of the DAS Leasing Program, renewal 
and modification of the Regular B DAS Program, and renewal and 
modification of the Eastern U.S./Canada Haddock SAP.
    The results of the CAM and economic analysis indicate that the 
proposed action would result in a reduction of approximately $21 
million, or 10 percent of total fishing revenue. With respect 
specifically to groundfish revenue, the losses would be $15 million, or 
19 percent of total groundfish revenue. The clearest measure of the 
distribution of impacts may be a given vessel's dependence on 
groundfish for total fishing income. Due primarily to a significant 
difference among vessels in terms of the importance of groundfish in 
total fishing revenue, the proposed action would have different impacts 
across vessels of varying sizes, gear types, and in different ports or 
states. The median impact on vessels that rely on groundfish for less 
than 20 percent of sales would be a 4-percent reduction in sales. By 
contrast, the median impact on vessels that depend on groundfish trip 
income for 80-percent of total sales was estimated to be a 26-percent 
reduction in fishing revenue. The greatest impact on total fishing 
revenue would be for vessels with home ports in New Hampshire and 
Massachusetts. Adverse impact on vessels with a Maine home port would 
be less, but still substantial. The median reduction in revenue would 
be greatest for vessels less than 50 ft (15.2 m) in length overall, 
less for vessels between 50 and 70 feet (15.2 - 21.3 m), and even less 
for vessels greater than 70 feet (15.2 m) in length. The proposed 
action would have a similar impact on gillnet and trawl vessels, and 
less impact on hook vessels. Although the analysis indicated that the 
``Other New Hampshire port group'' (the ports of Rye, Seabrook, 
Hampton, Hampton Beach, Hampton Falls and Newington) would experience 
the highest estimated reduction in groundfish sales, the impact on the 
port as a whole would be a 3.4-percent reduction (compared to 2004 
sales) because the port group had low dependence on groundfish for 
total sales. Impacts on the fleet of vessels operating in the inshore 
GOM would be expected to be higher than those for vessels that fish 
elsewhere in the GOM, on GB, or in SNE.
    This proposed action would implement a seasonal prohibition on 
retention of cod from November through March and would increase the 
minimum size from 22 to 24 inches (55.9 to 61 cm) for party/charter and 
private recreational vessels. A total of 143 different party/charter 
vessels took at least one trip in the GOM and landed cod. The proposed 
action would reduce the economic value of recreational fishing trips 
and reduce demand for party/charter trips if cod is a preferred target 
species, despite that fishing for alternative groundfish species 
(primarily haddock) would still be allowed. The economic impact of the 
seasonal prohibition would have no impact on most party/charter 
operators since only 25 of the 143 affected vessels actually took any 
trips during the proposed season. Of these 25 affected vessels, only 2 
took passengers for hire exclusively during the duration of the 
proposed seasonal prohibition. The proposed action is likely to have a 
larger adverse impact on private boat anglers, because a much larger 
percentage of private boat trips take place during the proposed 
seasonal cod prohibition in the GOM. However, a quantitative estimate 
of the reduced economic value to recreational anglers is not possible 
due to a lack of appropriate data. An upper bound estimate of the loss 
to charter/party businesses due to a loss of passenger sales would be 
$154,000, assuming a complete loss of passenger demand for the duration 
of the closed season for cod.
    Under the Proposed Alternative, limited access groundfish DAS 
vessels would be required to purchase, install, and operate a VMS in 
order to fish under a DAS. Depending upon the vendor selected by an 
individual vessel owner, the cost to purchase a VMS unit would range 
approximately from $ 1,600 to $ 3,000. The unit that sells for about $ 
1,600 requires a personal computer (PC), also, and, therefore, if the 
vessel operator needs to purchase a PC, the cost would be greater than 
$ 1,600. The installation costs are approximately $150 - 200 per unit, 
and the monthly service charges may be between $25 and $100 per vessel, 
depending upon the unit type. Some vessels may also need to make minor 
modifications to their vessel's electrical system components.
    The proposed action includes renewal of several special programs 
designed to provide fishing opportunity and options to mitigate the 
negative impacts of the extensive current and proposed fishing effort 
restrictions. The utility and value of these programs in such 
mitigation has been demonstrated, but because participation in these 
programs is voluntary, it is difficult to estimate the impact on any 
given small entity participating in these programs. Based upon the 
location of the programs and the location of trips taken in the Regular 
B DAS Pilot Program, opportunities for mitigation of impacts through 
these programs may be better for vessels that can fish on GB.
    The proposed action would renew and modified the Regular B DAS 
Program. This program differs from that originally implemented by FW 
40-A in that the proposed program would reduce the number of available 
Regular B DAS in this program between May and July to 500, require 
participating vessels to use a haddock separator trawl, and implement 
incidental catch TACs and restrictive possession limits for GB winter 
flounder and GB yellowtail flounder. Analysis of the impacts of the 
modified Regular B DAS Program in the U.S./Canada Management Area 
suggests that the proposed action changes may diminish the extent to 
which the program will improve economic opportunities for commercial 
fishing vessels compared to the Regular B DAS

[[Page 42539]]

Pilot Program implemented under FW 40-A. The requirement to use the 
separator trawl or gear that meets specified standards means that, in 
order to participate, vessels would be required to bear the added cost 
of acquiring new gear, or incurring the expense of modifying existing 
gear. Vessels operating at the brink of break-even may not be able to 
afford this added expense. However, the implementation of Incidental 
Catch TACs for GB winter flounder and GB yellowtail flounder is 
expected to have the greatest economic impact to participating vessels. 
First, revenue from the sale of these two species will be dramatically 
reduced, as the Incidental Catch TAC would be set at levels that would 
be nearly 10 times lower than observed landings during fishing year 
2004. Second, available data indicate that catch rates of GB winter 
flounder may be sufficient to result in closure of the area to Regular 
B DAS well before the quarterly allocation of Regular B DAS has been 
used. Unless the separator trawl also reduces catches of winter and 
yellowtail flounders in addition to cod (which it may), the estimated 
revenues from the Regular B DAS Program in fishing year 2006 (about $3 
million) may be as much as two-thirds less than what was observed under 
the Regular B DAS Pilot Program during fishing years 2004 and 2005.
    This proposed action would delay the start date of the Eastern 
U.S./Canada Haddock SAP to August 1, 2006. Based on catch rates 
observed between May through July 2005, this delay could result in the 
loss of $1.25 million based on revenue generated from the sale of 
landed catch during this period. However, this loss is expected to be 
offset by the potential for this delayed start date to prolong 
availability of the GB cod and GB yellowtail flounder TACs specified 
for the Eastern U.S./Canada Area and this program. Furthermore, vessels 
may obtain higher prices for these species throughout the year than 
they would if they were allowed to land larger amounts early in the 
fishing year, due to the greater availability of fish during the 
summer. During fishing year 2004, catch rates of cod in the Eastern 
U.S./Canada Area Haddock SAP during May and June were sufficient to 
close the SAP well before the allowable TAC for haddock could be 
harvested. Secondly, delaying the start date for the Eastern U.S./
Canada Area Haddock SAP is expected to reduce the amount of cod taken 
in the SAP, and would allow for more trips to be taken to the SAP, 
resulting in an increase in the amount of harvested haddock. Therefore, 
this measure would likely provide greater economic opportunity to small 
commercial fishing entities than if the regulation were left unchanged.
    The renewal of the DAS Leasing Program through this proposed action 
would continue to offer economic benefits that help offset the impacts 
of the effort reductions of Amendment 13 and those proposed by this 
action. The DAS Leasing Program provided regulatory relief that allowed 
lessee vessels, on average, to fish enough DAS to cover their overhead 
and crew expenses. Assuming that the DAS Leasing Program would operate 
in a similar manner as previous years, the benefits of this program 
would likely accrue primarily to lessee vessels in Maine and 
Massachusetts. It is possible, however, that the differential DAS 
counting in the inshore GOM may negatively affect the ability of 
vessels that fish in the area to compete effectively in the DAS leasing 
market.
    By allowing vessels to fish inside and outside of the Eastern U.S./
Canada Area on the same trip, the proposed action would allow fishermen 
more flexibility to adapt to changing weather conditions and allow an 
additional fishing strategy, if fishing in the Eastern U.S./Canada Area 
is worse than anticipated. In these cases, vessel operators may find it 
to their advantage to leave the Eastern U.S./Canada Area and fish 
elsewhere. In doing so, vessels would be able to maximize the economic 
returns of trips into the Eastern U.S./Canada Area. However, it is 
impossible to predict the behavior of vessels electing to fish inside 
and outside of the Eastern U.S./Canada Area on the same trip. As a 
result, quantitative estimates of economic impact of this measure are 
not possible. It is expected that the economic impacts of this measure 
would be positive.

Economic Impacts of Alternatives to the Proposed Action

    The No Action Alternative would reduce the Category A DAS by 8 
percent and would implement differential DAS counting in the SNE/MA RMA 
at a rate of 1.5:1. At the median, the No Action Alternative would 
result in a 4-6-percent reduction in fishing income. The No Action 
Alternative would result in an estimated reduction of 7.0-percent in 
total groundfish revenue (resulting in an estimate of $ 73 million in 
the landed value of groundfish for 2006). The reduction in value in 
groundfish trips represents about 0.7 percent of the total species 
landed in the Northeast Region. The impacts were similar for vessels 
from Maine, New Hampshire, and Massachusetts-- a 2-9-percent reduction 
in fishing income. Vessels from home ports likely to be affected by the 
differential DAS counting were estimated to have total revenues reduced 
by as much as 18 percent. Overall adverse impacts would be largest for 
Connecticut vessels. The change in total fishing revenue would be 
similar for gillnet and trawl vessels, and lower for hook vessels. 
There would be no substantial differences among vessels based on their 
size. Across ports, the estimated reduction in groundfish trip revenue 
was highest in ports that are likely to be most affected by the 
differential DAS counting in the SNE RMA (Rhode Island, Connecticut, 
Eastern Long Island, New York, and New Jersey). Estimated impacts in 
these ports ranged from a 7- to 10-percent reduction in groundfish trip 
revenues. However, groundfish revenue in these ports represents only a 
small fraction (about 1 percent) of the total value of seafood product 
sales. Because the groundfish revenue in the ports of Boston, MA; 
Gloucester, MA; Portsmouth, NH; and Portland, ME; represents a larger 
portion of their revenue, the total impact on these ports would be 
greater.
    Alternative 1 proposes Category A DAS reductions (22-percent) and 
differential counting of DAS in areas of the GOM and SNE as the primary 
effort reduction tools. The alternative would result in estimated 
losses of 24 percent of groundfish revenue and a reduction of 13 
percent in total fishing income ($26 million). Boston and Portsmouth 
would experience the largest percent reductions in total port revenue 
(16-percent). The median reduction in fishing revenue for New Hampshire 
vessels would be 24 percent. There was not a consistent pattern with 
respect to the impacts on vessels of difference size classes. 
Alternative 1 would have similar impacts on vessels using gillnet gear 
and trawl gear, although impacts on trawl vessels would generally be 
higher. Median impacts for gillnet and hook gear would be the same (a 
12-percent reduction in total fishing revenue). Vessels that fish 
predominantly in the inshore GOM and that are subject to differential 
DAS counting would have a larger loss in revenue than vessels that fish 
in other areas. The median loss in total fishing revenues for these 
vessels is estimated to be 27 percent, compared to 13 percent for 
vessels that fish less than 75 percent of their time in this area.
    Alternative 2, in a manner similar to Alternative 1, proposes 
Category A DAS reductions (23-percent) and differential counting of DAS 
in areas of the GOM

[[Page 42540]]

and SNE as the primary effort reduction tools, but both the 
differential DAS areas would be larger than under alternative 1. 
Alternative 2 would result in estimated losses of $21 million in 
groundfish revenue (approximately 26 percent of groundfish revenue) and 
a reduction in total revenue of 14 percent. The ports of Portsmouth, 
Boston, and Gloucester would experience the greatest percent declines 
in total port revenue (19 percent, 16 percent, and 13 percent, 
respectively). There was not consistent pattern with respect to the 
impacts on vessels of difference size classes. Alternative 2 would have 
consistently larger impacts on vessels using trawl gear, and median 
impacts would be the same for both gillnet gear and hook gear. Vessels 
that depend on groundfish for at least 54-percent of their revenue 
would experience an estimated 21-percent reduction in total fishing 
revenue (median reduction). For vessels that fish predominantly in the 
inshore GOM and that are subject to differential DAS counting, the 
median reduction in total fishing revenues would be 28-percent.
    Alternative 3 proposes Category A DAS reductions (38 percent) and 
counting DAS as a minimum of 12 hr (in the GOM) as the primary effort 
reduction tools. Alternative 3 would result in estimated losses of $ 27 
million in groundfish revenue (approximately 34 percent of groundfish 
revenue) and a reduction in total revenue of 18 percent. The ports of 
Boston, Portsmouth, and Portland would experience the greatest percent 
declines in total port revenue (24 percent, 22 percent, and 18 percent, 
respectively). Adverse impacts by vessel length were consistently 
greater for vessels above 70 ft (21.3 m) and lowest on vessels less 
than 50 ft (15.2 m) length overall. Alternative 3 would have 
consistently larger impacts on vessels using trawl gear, and median 
impacts on gillnet vessels would exceed that of hook gear vessels. 
Vessels that depend on groundfish for at least 54-percent of their 
revenue would experience an estimated 30-percent reduction in total 
fishing revenue (median reduction). For vessels that fish predominantly 
in the inshore GOM, the median reduction in total fishing revenues 
would be 26-percent.
    Alternative 4 proposes Category A DAS reductions (25 percent) and 
counting DAS as a minimum of 24 hr (in the GOM) as the primary effort 
reduction tools. Alternative 4 would result in estimated losses of $ 23 
million in groundfish revenue (approximately 29-percent of groundfish 
revenue) and a reduction in total revenue of 15 percent. The ports of 
Portsmouth, Boston, and Gloucester would experience the greatest 
percent declines in total port revenue (23 percent, 18 percent, and 15 
percent respectively). Adverse impacts by vessel length were generally 
the same. Alternative 4 would generally have larger impacts on vessels 
using trawl gear than on gillnet vessels, and hook gear vessels would 
experience the least impact. Vessels that depend on groundfish for at 
least 54-percent of their revenue would experience an estimated 25-
percent reduction in total fishing revenue (median reduction). For 
vessels that fish predominantly in the inshore GOM, the median 
reduction in total fishing revenues would be 35 percent.
    Alternative 5 proposes Category A DAS reductions (40 percent) as 
the principal effort reduction tool. Alternative 4 would result in 
estimated losses of $ 28 million in groundfish revenue (approximately 
35 percent of groundfish revenue) and a reduction in total revenue of 
18 percent. The ports of Boston, Portsmouth, and Portland would 
experience the greatest percent declines in total port revenue (26 
percent, 23 percent, and 19 percent, respectively). Adverse impacts on 
vessels greater than 70 ft (21.3 m) were consistently greater than on 
smaller vessels. Alternative 5 would have consistently larger impacts 
on vessels using trawl gear than on gillnet vessels, and hook gear 
vessels would experience the least impact. Vessels that depend on 
groundfish for at least 54-percent of their revenue would experience an 
estimated 30-percent reduction in total fishing revenue (median 
reduction). For vessels that fish predominantly in the inshore GOM, the 
median reduction in total fishing revenues would be 24 percent.
    Alternative E proposes the default Category A DAS reductions (8 
percent) and counting DAS as a minimum of 24 hr (in all areas) as the 
primary effort reduction tools. Alternative E would result in estimated 
losses of $ 16 million in groundfish revenue (approximately 20-percent 
of groundfish revenue) and a reduction in total revenue of 10 percent. 
The ports of Chatham, Portsmouth, and Boston, would experience the 
greatest percent declines in total port revenue (11-percent, 10 
percent, and 10 percent, respectively). Adverse impacts on vessels 
greater than 70 feet (21.3 m) were consistently greater than for 
vessels in the size range from 50-70 ft (15.2-21.3 m), but impacts on 
small vessels less than 50 ft (15.2 m) were estimated to be greatest 
(at the median) would. Alternative E would generally have larger 
impacts on vessels using hook gear, and adverse impacts on gillnet 
vessels would be greater than on trawl vessels. Vessels that depend on 
groundfish for at least 54 percent of their revenue would experience an 
estimated 10-percent reduction in total fishing revenue (median 
reduction). For vessels that fish predominantly in the inshore GOM, the 
median reduction in total fishing revenues would be 28 percent.
    The alternatives are limited by the need to meet the conservation 
objectives of the FMP, and the differential impacts of all alternatives 
on ports and vessels is due in part to the geographic proximity to 
where the stocks of concern are located.

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

    This proposed rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) that has been previously 
approved by OMB under control numbers 0648-0202, and 0648-0212. Public 
reporting burdens for these collections of information are estimated as 
follows:
    1. VMS purchase and installation, OMB 0648-0202, (1 hr/
response);
    2. VMS proof of installation, OMB 0648-0202, (5 min/
response);
    3. Spawning block declaration, OMB 0648-0202, (2 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, associated SAPs, 
and CA I SAP, 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 
associated SAPs, and CA I SAP OMB0648-0202, (2 min/response);
    7. Standardized catch reporting requirements while participating in 
the Regular B DAS Program or fishing in the U.S./Canada Management 
Areas, associated SAPs, and CA I SAP, respectively, OMB 0648-
0212, (15 min/response);
    8. Standardized reporting of Universal Data I.D. while 
participating in the Regular B DAS Program or fishing in the U.S./
Canada Management Areas, associated SAPs, and CA I SAP, 
OMB0648-0212, (15 min/response);
    9. Sector Manager daily reports for Closed Area I SAP, 
OMB0648-0212, (2 hr/ response);

[[Page 42541]]

    10. DAS ``flip'' notification via VMS for the Regular B DAS 
Program, OMB 0648-0202 (5 min/response);
    11. DAS Leasing Program application, OMB 0648-0475 (10 
min/response);
    12. 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);
    13. Vessel baseline downgrade request for the DAS Leasing Program, 
OMB0648-0202, (1 hr/response);
    14. Annual declaration of participation in the CA I Hook Gear 
Haddock SAP, OMB control number 0648-0202 (2 min/response);
    15. Declaration of area and gear via VMS when fishing under a NE 
multispecies DAS, OMB0648-0202 (5 min/response); and
    16. Declaration of entry into the GOM Differential DAS Area for 
circumstances beyond its control via VMS, OMB0648-0202 (5 min/
response).
    These estimates include the time required for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Send comments regarding this burden estimate, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS (see ADDRESSES) and by e-mail to [email protected],or 
fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 18, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.2, a new definition for ``Jigging'' is added and 
the definition for ``Regulated species'' is revised to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Jigging, with respect to the NE multispecies fishery, means fishing 
for groundfish with handgear, handline, or rod and reel using a jig, 
which is a weighted object attached to the bottom of the line used to 
sink the line and/or imitate a baitfish, which is moved (``jigged'') 
with an up and down motion.
* * * * *
    Regulated species, means the subset of NE multispecies that 
includes Atlantic cod, witch flounder, American plaice, yellowtail 
flounder, haddock, pollock, winter flounder, windowpane flounder, 
redfish, and white hake, also referred to as regulated NE multispecies.
* * * * *
    3. In Sec.  648.10, paragraphs (b)(1)(vii) and (viii) are removed 
and reserved; paragraphs (b)(1)(v), (b)(1)(vi), (b)(2) and (3), the 
introductory text to paragraph (c), and paragraphs (c)(5), (d), and (f) 
are revised to read as follows:


Sec.  648.10  DAS and VMS notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (v) A vessel issued a limited access monkfish, Occasional scallop, 
or Combination permit, whose owner elects to provide the notifications 
required by this paragraph (b), unless otherwise authorized or required 
by the Regional Administrator under paragraph (d) of this section;
    (vi) A vessel issued a limited access NE multispecies permit that 
fishes under a NE multispecies Category A or B DAS; and
* * * * *
    (2) The owner of such a vessel specified in paragraph (b)(1) of 
this section, with the exception of a vessel issued a limited access NE 
multispecies permit, as specified in paragraph (b)(1)(vi) of this 
section, must provide documentation to the Regional Administrator at 
the time of application for a limited access permit that the vessel has 
an operational VMS unit installed on board that meets the minimum 
performance criteria, unless otherwise allowed under this paragraph 
(b). If a vessel has already been issued a limited access permit 
without the owner providing such documentation, the Regional 
Administrator shall allow at least 30 days for the vessel to install an 
operational VMS unit that meets the criteria and for the owner to 
provide documentation of such installation to the Regional 
Administrator. The owner of a vessel issued a limited access NE 
multispecies permit that fishes or intends to fish under a Category A 
or B DAS, as specified in paragraph (b)(1)(vi) of this section, must 
provide documentation to the Regional Administrator that the vessel has 
an operational VMS unit installed on board that meets those criteria 
prior to fishing under a groundfish DAS. NMFS shall send letters to all 
limited access NE multispecies DAS permit holders and provide detailed 
information on the procedures pertaining to VMS purchase, installation, 
and use.
    (i) A vessel that has crossed the VMS Demarcation Line specified 
under paragraph (a) of this section is deemed to be fishing under the 
DAS program, unless the vessel's owner or authorized representative 
declares the vessel out (i.e., not fishing under the applicable DAS 
program) 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 exclusively in the Eastern U.S./Canada Area, as 
described in Sec.  648.85(a)(3)(ii), under the provisions of that 
program.
    (ii) Notification that the vessel is not under the DAS program must 
be received prior to the vessel leaving port. A vessel may not change 
its status after the vessel leaves port or before it returns to port on 
any fishing trip.
    (iii) 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, as described in this paragraph (b), begins with the 
first location signal received showing that the vessel crossed the VMS 
Demarcation Line after leaving port. DAS counting ends 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 exclusively in the Eastern U.S./Canada Area pursuant to 
Sec.  648.85(a)(3)(ii), the requirements of this paragraph (b) begin 
with the first 30-minute location signal received showing that the 
vessel crossed into the Eastern U.S./Canada Area and end with the first 
location signal received showing that the vessel crossed out of the 
Eastern U.S./Canada Area upon beginning its return trip to port, unless 
the vessel elects to also fish outside the Eastern U.S./Canada Area on 
the same trip, in accordance with Sec.  648.85 (a)(3)(ii)(A).
    (iv) The Regional Administrator may authorize or require the use of 
the call-in system instead of using the use of

[[Page 42542]]

VMS, as described under paragraph (d) of this section. Furthermore, the 
Regional Administrator may authorize or require the use of letters of 
authorization as an alternative means of enforcing possession limits, 
if VMS cannot be used for such purposes.
    (3)(i) A vessel issued a limited access monkfish, occasional 
scallop, or Combination permit must use the call-in system specified in 
paragraph (c) of this section, unless the owner of such vessel has 
elected to provide the notifications required by this paragraph (b), 
through VMS as specified under paragraph (b)(3)(iii) of this section.
    (ii) [Reserved]
    (iii) A vessel issued a limited access monkfish or Occasional 
scallop 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). For the vessel to become authorized, 
the vessel owner must provide documentation to the Regional 
Administrator at the time of application for a limited access permit 
that the vessel has installed on board an operational VMS as provided 
under Sec.  648.9(a). A vessel that is authorized to use the VMS in 
lieu of the call-in requirement for DAS notification shall be subject 
to the requirements and presumptions described under paragraphs 
(b)(2)(i) through (v) of this section. Vessels electing to use the VMS 
do not need to call in DAS as specified in paragraph (c) of this 
section. A vessel that calls in is exempt from the prohibition 
specified in Sec.  648.14(c)(2).
* * * * *
    (c) Call-in notification. The owner of a vessel issued limited 
access monkfish or red crab permit-holders who is participating in a 
DAS program and who is not required to provide notification using a 
VMS, and a scallop vessel qualifying for a DAS allocation under the 
Occasional category and who has not elected to fish under the VMS 
notification requirements of paragraph (b) of this section, and any 
vessel that may be required by the Regional Administrator to use the 
call-in program under paragraph (d) of this section, are subject to the 
following requirements:
* * * * *
    (5) Any vessel that possesses or lands per trip more than 400 lb 
(181 kg) of scallops; any vessel issued a limited access NE 
multispecies permit subject to the NE multispecies DAS program 
requirements that possesses or lands regulated NE multispecies, except 
as provided in Sec. Sec.  648.10(b)(2)(iii), 648.17, and 648.89, any 
vessel issued a limited access monkfish permit subject to the monkfish 
DAS program and call-in requirement that possess or lands monkfish 
above the incidental catch trip limits specified in Sec.  648.94(c); 
and any vessel issued a limited access red crab permit subject to the 
red crab DAS program and call-in requirement that possesses or lands 
red crab above the incidental catch trip limits specified in Sec.  
648.263(b)(1); shall be deemed to be in its respective DAS program for 
purposes of counting DAS, regardless of whether the vessel's owner or 
authorized representative provides adequate notification as required by 
paragraphs (b) or (c) of this section.
* * * * *
    (d) Temporary authorization for use of the call-in system. The 
Regional Administrator may authorize or require, on a temporary basis, 
the use of the call-in system of notification specified in paragraph 
(c) of this section, instead of the use of the VMS. If use of the call-
in system is authorized or required, the Regional Administrator shall 
notify affected permit holders through a letter, notification in the 
Federal Register, e-mail, or other appropriate means.
* * * * *
    (f) Additional NE multispecies call-in requirements--(1) Spawning 
season call-in. With the exception of a vessel issued a valid Small 
Vessel category permit, or the Handgear A permit category, vessels 
subject to the spawning season restriction described in Sec.  648.82 
must notify the Regional Administrator of the commencement date of 
their 20-day period out of the NE multispecies fishery through the IVR 
system (or through VMS, if deemed feasible by the Regional 
Administrator) and provide the following information: Vessel name and 
permit number, owner and caller name and phone number, and the 
commencement date of the 20-day period.
    (2) Gillnet call-in. A vessel subject to the gillnet restriction 
described in Sec.  648.82 must notify the Regional Administrator of the 
commencement of its time out of the NE multispecies gillnet fishery 
using the procedure described in paragraph (f)(1) of this section.
    4. In Sec.  648.14, paragraphs (a)(130), (145), (146), (148), 
(151), (152), and (156); the introductory text of paragraph (c); and 
paragraphs (c)(7), (23), (25), (33), (49) through (53), (55) through 
(65) and (78) are revised; paragraphs (c)(48), (c)(54), and (c)(79) are 
removed and reserved; and paragraphs (a)(173) through (177), (c)(81) 
through (89), and paragraphs (g)(4) and (5) are added to read as 
follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (130) If declared into one of the areas specified in Sec.  
648.85(a)(1), fish during that same trip outside of the declared area, 
unless in compliance with the applicable restrictions specified under 
Sec.  648.85(a)(3)(ii)(A) or (B).
* * * * *
    (145) If fishing under a NE multispecies DAS in the Eastern U.S./
Canada Haddock SAP, exceed the possession limits specified in Sec.  
648.85(b)(8)(v)(F).
    (146) If fishing under the Eastern U.S./Canada Haddock SAP, fish 
for, harvest, possess or land any regulated NE multispecies from the 
area specified in Sec.  648.85(b)(8)(ii), unless in compliance with the 
restrictions and conditions specified in Sec.  648.85(b)(8)(v)(A) 
through (I).
* * * * *
    (148) If fishing under a NE multispecies DAS in the Eastern U.S./
Canada Haddock SAP specified in Sec.  648.85(b)(8), in the area 
specified in Sec.  648.85(b)(8)(ii), and during the season specified in 
Sec.  648.85(b)(8)(iv), fail to comply with the restrictions specified 
in Sec.  648.85(b)(8)(v).
* * * * *
    (151) If fishing in the Eastern U.S./Canada Haddock SAP specified 
in Sec.  648.85(b)(8), fail to comply with the reporting requirements 
specified in Sec.  648.85(b)(8)(v)(G).
    (152) If fishing under the Eastern U.S./Canada Haddock SAP 
specified in Sec.  648.85(b)(8), fail to comply with the observer 
notification requirements specified in Sec.  648.85(b)(8)(v)(C).
* * * * *
    (156) If fishing under an approved Sector, as authorized under 
Sec.  648.87, fish in the NE multispecies DAS program in a given 
fishing year or, if fishing under a NE multispecies DAS, fish in an 
approved Sector in a given fishing year, unless otherwise provided 
under Sec.  648.87(b)(1)(xii).
* * * * *
    (173) 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)(ii)(A)(1).
    (174) When fishing inside and outside of the Eastern U.S./Canada 
Area on the same trip, fail to abide by the most restrictive 
regulations that apply as described in Sec.  648.85(a)(3)(ii)(A).
    (175) 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 
outside of the Eastern U.S./Canada

[[Page 42543]]

Area on the same trip, as prohibited under Sec.  648.85(a)(3)(ii)(A).
    (176) If fishing under the GB Fixed Gear Sector specified under 
Sec.  648.87(d)(2), fish with gear other than jigs, non-automated 
demersal longline, handgear, or sink gillnets.
    (177) Fail to comply with the reporting requirements under Sec.  
648.85(a)(3)(ii)(A)(2) when fishing inside and outside of the Eastern 
U.S./Canada Area on a trip.
* * * * *
    (c) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraphs (a) and (b) of this section, 
it is unlawful for any owner or operator of a vessel issued a valid 
limited access multispecies permit or letter under Sec.  
648.4(a)(1)(i), unless otherwise specified in Sec.  648.17, to do any 
of the following:
* * * * *
    (7) Possess or land per trip more than the possession or landing 
limits specified under Sec.  648.86(a), (e), (g), (h), and (j), and 
under Sec.  648.82(b)(5) or (6), if the vessel has been issued a 
limited access NE multispecies permit or open access NE multispecies 
permit, as applicable.
* * * * *
    (23) Fail to declare through VMS, its intent to be exempt from the 
GOM cod trip limit under Sec.  648.86(b)(1), as required under Sec.  
648.86(b)(4), or fish north of the exemption line if in possession of 
more than the GOM cod trip limit specified under Sec.  648.86(b)(1).
* * * * *
    (25) For vessels fishing in the NE multispecies DAS program under 
the provisions of Sec.  648.10(c), the call-in system, fail to remain 
in port for the appropriate time specified in Sec.  
648.86(b)(1)(ii)(A), except for transiting purposes, provided the 
vessel complies with Sec.  648.86(b)(3). For vessels fishing in the NE 
multispecies DAS program under the provisions of Sec.  648.10(b), the 
VMS system, fail to declare through VMS that insufficient DAS have 
elapsed in order to account for the amount of cod on board the vessel 
as required under Sec.  648.86(b)(1)(ii)(B).
* * * * *
    (33) For vessels fishing in the NE multispecies DAS program under 
the provisions of Sec.  648.10(c), the call-in system, fail to remain 
in port for the appropriate time specified in Sec.  
648.86(b)(2)(ii)(A), except for transiting purposes, provided the 
vessel complies with Sec.  648.86(b)(3). For vessels fishing in the NE 
multispecies DAS program under the provisions of Sec.  648.10(b), the 
VMS system, fail to declare through VMS that insufficient DAS have 
elapsed in order to account for the amount of cod on board the vessel 
as required under Sec.  648.86(b)(2)(ii)(B).
* * * * *
    (48) [Reserved]
    (49) Discard legal-sized NE regulated multispecies, ocean pout, or 
Atlantic halibut while fishing under a Special Access Program, as 
described in Sec.  648.85(b)(3)(xi), Sec.  648.85(b)(7)(iv)(H) or Sec.  
648.85(b)(8)(v)(I).
    (50) Discard legal-sized NE regulated multispecies, ocean pout, 
Atlantic halibut, or monkfish while fishing under a Regular B DAS in 
the Regular B DAS Program, as described inSec.  648.85(b)(6)(iv)(E).
    (51) If fishing under a Regular B DAS in the Regular B DAS Program, 
fail to comply with the DAS flip requirements of Sec.  
648.85(b)(6)(iv)(E) if the vessel harvests and brings on board more 
than the landing limit for a groundfish stock of concern specified in 
Sec.  648.85(b)(6)(iv)(D), other groundfish specified under Sec.  
648.86, or monkfish under Sec.  648.94.
    (52) If fishing in the Regular B DAS Program, fail to comply with 
the restriction on DAS use specified inSec.  648.82(d)(2)(i)(A).
    (53) If fishing in the Eastern U.S./Canada Haddock SAP Area, and 
other portions of the Eastern U.S./Canada Haddock SAP Area on the same 
trip, fail to comply with the restrictions inSec.  648.85(b)(8)(v)(A).
    (54) [Reserved]
    (55) If fishing in the Eastern U.S./Canada Haddock SAP Area under a 
Category B DAS, fail to comply with the DAS flip requirements of Sec.  
648.85(b)(8)(v)(I), if the vessel possesses more than the applicable 
landing limit specified in Sec.  648.85(b)(8)(v)(F) or under Sec.  
648.86 .
    (56) If fishing in the Eastern U.S./Canada Haddock SAP Area under a 
Category B DAS, fail to have the minimum number of Category A DAS 
available as required under Sec.  648.85(b)(8)(v)(J).
    (57) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the requirements and restrictions 
specified in Sec.  648.85(b)(6)(iv)(A) through (F), (I), and (J).
    (58) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the VMS requirement specified in 
Sec.  648.85(b)(6)(iv)(A).
    (59) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the observer notification requirement 
specified in Sec.  648.85(b)(6)(iv)(B).
    (60) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the VMS declaration requirement 
specified in Sec.  648.85(b)(6)(iv)(C).
    (61) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the landing limits specified in Sec.  
648.85(b)(6)(iv)(D).
    (62) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the no discard and DAS flip 
requirements specified in Sec.  648.85(b)(6)(iv)(E).
    (63) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the minimum Category A DAS and 
Category B DAS accrual requirements specified in Sec.  
648.85(b)(6)(iv)(F).
    (64) Use a Regular B DAS in the Regular B DAS Program specified in 
Sec.  648.85(b)(6), if the program has been closed as specified in 
Sec.  648.85(b)(6)(iv)(H) or (b)(6)(vi).
    (65) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), use a Regular B DAS after the program has closed, as 
required under Sec.  648.85(b)(6)(iv)(G) or (H).
* * * * *
    (78) Fish in the Eastern U.S./Canada Haddock SAP specified in Sec.  
648.85(b)(8), if the SAP is closed as specified in Sec.  
648.85(b)(8)(v)(K) or (L).
    (79) [Reserved]
* * * * *
    (81) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to use a haddock separator trawl as described under 
Sec.  648.85(a)(3)(iii)(A).
    (82) If fishing under a NE multispecies Category A DAS in either 
the GOM Differential DAS Area, or the SNE Differential DAS Area defined 
under Sec.  648.82(e)(2)(i), fail to declare into the area through VMS 
as required underSec.  648.82(e)(2)(ii).
    (83) If fishing under a NE multispecies Category A DAS in one of 
the Differential DAS Areas defined in Sec.  648.82(e)(2)(i), and under 
the restrictions of one or more of the Special Management Programs 
under Sec.  648.85, fail to comply with the most restrictive 
regulations.
    (84) Fail to comply with the GB yellowtail flounder trip limit 
specified under Sec.  648.85(a)(3)(iv)(C).
    (85) For vessels fishing inside and outside the Eastern U.S./Canada 
Area on the same trip, fail to comply with the most restrictive 
regulations that apply on the trip as required under Sec.  
648.85(a)(3)(ii)(A).
    (86) For vessels fishing inside and outside the Eastern U.S./Canada 
Area on the same trip, fail to notify NMFS via

[[Page 42544]]

VMS that it is electing to fish in this manner, as required by Sec.  
648.85(a)(3)(ii)(A)(1).
    (87) For vessels fishing with trawl gear in the NE multispecies 
Regular B DAS Program, fail to use a haddock separator trawl as 
required under Sec.  648.85(b)(6)(iv)(J).
    (88) Possess or land more white hake than allowed underSec.  
648.86(e).
    (89) Possess or land more GB winter flounder than allowed under 
Sec.  648.86(j).
* * * * *
    (g) * * *
    (4) If the vessel is a private recreational fishing vessel, fail to 
comply with the seasonal GOM cod possession prohibition described in 
Sec.  648.89(c)(1)(v) or, if the vessel has been issued a charter/party 
permit or is fishing under charter/party regulations, fail to comply 
with the prohibition on fishing under Sec.  648.89(c)(2)(v).
    (5) If fishing under the recreational or party/charter regulations, 
fish for or possess cod caught in the GOM Regulated Mesh Area during 
the seasonal GOM cod possession prohibition under Sec.  648.89(c)(1)(v) 
or (c)(2)(v) or, fail to abide by the appropriate restrictions if 
transiting with cod on board.
* * * * *
    5. In Sec.  648.80, paragraph (b)(2)(i) is revised to read as 
follows:


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

* * * * *
    (b) * * *
    (2) * * *
    (i) Vessels using trawls. Except as provided in paragraphs 
(b)(2)(i) and (vi) of this section, and unless otherwise restricted 
under paragraph (b)(2)(iii) of this section, the minimum mesh size for 
any trawl net, not stowed and not available for immediate use in 
accordance withSec.  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 
or 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.
* * * * *
    6. In Sec.  648.82, paragraph (c)(1)(iv) is removed; paragraphs 
(d)(2)(i)(A), the introductory text to paragraph (d)(4), paragraphs 
(e), (j)(1)(iii), (k)(1), (k)(3), (k)(4)(iv), (l) introductory text, 
and (l)(1)(i) through (v) are revised; and paragraphs (l)(1)(viii), and 
(l)(1)(ix) are added to read as follows:


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

* * * * *
    (d) * * *
    (2) * * *
    (i) * * *
    (A) Restrictions on use. Regular B DAS can only be used by NE 
multispecies vessels in an approved SAP or in the Regular B DAS Program 
as specified in Sec.  648.85(b)(6). Unless otherwise restricted under 
the Regular B DAS Program as described in Sec.  648.85(b)(6)(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)). Vessels that are required by the Monkfish Fishery 
Management Plan to utilize a NE multispecies DAS, as specified under 
Sec.  648.92(b)(2), may not elect to use a NE multispecies Category B 
DAS to satisfy that requirement.
* * * * *
    (4) Criteria and procedure for not reducing DAS allocations. The 
schedule of reductions in NE multispecies DAS shall not occur if the 
Regional Administrator:
* * * * *
    (e) Accrual of DAS. (1) DAS shall accrue to the nearest minute, and 
with the exceptions described under this paragraph (e) and paragraph 
(j)(1)(iii) of this section, shall be counted as actual time called, or 
logged into the DAS program.
    (2) Differential DAS. For a NE multispecies DAS vessel that 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 in the GOM 
Differential DAS Area, as defined in paragraph (e)(2)(i)(A) of this 
section, or in the SNE Differential DAS Area, as defined in paragraph 
(e)(2)(i)(B) of this section, with the exception of Day gillnet 
vessels, which accrue DAS in accordance with paragraph (j)(1)(iii) of 
this section, each Category A DAS, or part thereof, shall be counted at 
the differential DAS rate described in paragraph (e)(2)(iii) of this 
section, and be subject to the restrictions defined in this paragraph 
(e).
    (i) GOM Differential DAS Areas. (A) The GOM Differential DAS Area 
is defined by straight lines connecting the following points in the 
order stated:

                                            GOM Differential DAS Area
----------------------------------------------------------------------------------------------------------------
                 Point                     N. lat.                              W. long.
----------------------------------------------------------------------------------------------------------------
GMD1                                    43 [deg] 30'                          Intersection with Maine Coastline
GMD2                                    43 [deg] 30'                                               69 [deg] 30'
GMD3                                    43 [deg] 00'                                               69 [deg] 30'
GMD4                                    43 [deg] 00'            69 [deg] 55' eastern boundary, WGOM Closed Area
GMD5                                    42 [deg] 30'                                               69 [deg] 55'
GMD6                                    42 [deg] 30'                                               69 [deg] 30'
GMD7                                    41 [deg] 30'                                               69 [deg] 30'
GMD8                                    41 [deg] 30'                                               70 [deg] 00'
GMD9                                     North to intersection with Cape Cod, Massachusetts, coast and 70 [deg]
                                                                          00' W.
----------------------------------------------------------------------------------------------------------------

    (B) SNE Differential DAS Area. The SNE Differential DAS Area is 
defined by straight lines connecting the following points in the order 
stated:

                        SNE Differential DAS Area
------------------------------------------------------------------------
                  Point                        N. lat.        W. long.
------------------------------------------------------------------------
SNED1                                     41 [deg] 05'      71 [deg] 45'
SNED2                                     41 [deg] 05'      70 [deg] 00'
SNED3                                     41 [deg] 00'      70 [deg] 00'
SNED4                                     41 [deg] 00'      69 [deg] 30'
SNED5                                     40 [deg] 50'      69 [deg] 30'

[[Page 42545]]

 
SNED6                                     40 [deg] 50'      70 [deg] 20'
SNED7                                     40 [deg] 40'      70 [deg] 20'
SNED8                                     40 [deg] 40'      70 [deg] 30'
SNED9                                     40 [deg] 30'      72 [deg] 30'
SNED10                                    40 [deg] 10'      73 [deg] 00'
SNED11                                    40 [deg] 00'      73 [deg] 15'
SNED12                                    40 [deg] 00'      73 [deg] 40'
SNED13                                    40 [deg] 15'      73 [deg] 40'
SNED14                                    40 [deg] 30'      73 [deg] 00'
SNED15                                    40 [deg] 55'      71 [deg] 45'
SNED16                                    41 [deg] 05'      71 [deg] 45'
------------------------------------------------------------------------

    (ii) Declaration. With the exception of vessels fishing in the 
Eastern U.S./Canada Area, as described inSec.  648.85(a)(3)(ii)(A), a 
NE multispecies DAS vessel that intends to fish, or fishes under a 
Category A DAS in the GOM Differential DAS Area or the SNE Differential 
DAS Area, as described in paragraph (e)(2)(i) of this section, must, 
prior to leaving the dock, declare through the VMS, in accordance with 
instructions to be provided by the Regional Administrator, which 
specific differential DAS area the vessel will fish in on that trip. A 
DAS vessel that fishes in the Eastern U.S./Canada Area and intends to 
fish subsequently in the GOM Differential DAS Area or the SNE 
Differential DAS Area under Category A DAS Area must declare its 
intention to do so through its VMS prior to leaving the Eastern U.S./
Canada Area, as specified in Sec.  648.85(a)(3)(ii)(A)(3).
    (iii) Differential DAS counting--(A) Differential DAS counting when 
fishing in the GOM Differential DAS Area. For a NE multispecies vessel 
that intend to fish, or fishes for some or all of its trip other than 
for transiting purposes under a Category A DAS in the GOM Differential 
DAS Area, each Category A DAS, or part thereof, shall be counted at the 
ratio of 2 to1 for the entire trip, even if only a portion of the trip 
is spent fishing in the GOM Differential DAS Area. A vessel that has 
not declared its intent to fish in the GOM Differential DAS Area and 
that is not transiting, as specified in paragraph (e)(2)(v) of this 
section, may be in the GOM Differential DAS Area due to bad weather or 
other circumstances beyond its control, provided the vessel's fishing 
gear is stowed in accordance with the provisions of Sec.  648.23(b) and 
the vessel declares immediately upon entering the GOM Differential DAS 
Area, via VMS, that it is neither fishing nor transiting. A vessel that 
fishes in both the GOM Differential Area and the SNE Differential DAS 
Area on the same trip will be charged DAS at the rate of 2 to 1 for the 
entire trip.
    (B) Differential DAS counting when fishing in the SNE Differential 
DAS Area. For a NE multispecies DAS vessel that intends to fish or 
fishes some or all of its trip other than for transiting purposes under 
a Category A DAS in the SNE Differential DAS Area, each Category A DAS, 
or part thereof, shall be counted at the ratio of 2 to 1 for the 
duration of the time spent in the SNE Differential DAS Area, as 
determined from VMS positional data. A vessel that fishes in both the 
GOM Differential Area and the SNE Differential DAS Area on the same 
trip will be charged DAS at the rate of 2:1 for the entire trip. If the 
Regional Administrator requires the use of the DAS call-in, as 
described under Sec.  648.10(b)(2)(iv), a vessel that fishes any 
portion of its trip in the SNE Differential DAS Area will be charged 
DAS at the rate of 2 to1 for the entire trip.
    (iv) Restrictions. A NE multispecies vessel fishing under a 
Category A DAS in one of the Differential DAS Areas defined in 
paragraph (e)(2)(i) of this section, under the restrictions of 
paragraph (e)(2) of this section and under the restrictions of one or 
more of the Special Management Programs under Sec.  648.85 is required 
to comply with the most restrictive regulations, as described in Sec.  
648.85 under the pertinent Special Management Program.
    (v) Transiting. A vessel may transit the GOM Differential DAS Area 
and the SNE Differential DAS Area, as defined in paragraph (e)(2)(i) of 
this section, provided the gear is stowed in accordance with the 
provisions of Sec.  648.23(b).
    (3) Regular B DAS Program 24-hr clock. For a vessel electing to 
fish in the Regular B DAS Program, as specified at Sec.  648.85(b)(6), 
and that remains fishing under a Regular B DAS for the entire fishing 
trip (without a DAS flip), DAS used shall accrue at the rate of 1 full 
DAS for each calendar day, or part of a calendar day fished. For 
example, a vessel that fished on one calendar day from 6 a.m. to 10 
p.m. would be charged 24 hr of Regular B DAS, not 16 hr; a vessel that 
left on a trip at 11 p.m. on the first calendar day and returned at 10 
p.m. on the second calendar day would be charged 48 hr of Regular B DAS 
instead of 23 hr, 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 shall determine the amount of fish the vessel can legally 
land. For a vessel electing to fish in the Regular B DAS Program, as 
specified at Sec.  648.85(b)(6), while also fishing in one of the 
Differential DAS Areas, defined in (e)(2)(i) of this section, Category 
B DAS shall accrue at the rate described in this paragraph (e)(3), 
unless the vessel flips to a Category A DAS, in which case the vessel 
is subject to the pertinent DAS accrual restrictions of paragraph 
(e)(2)(iii) of this section for the entire trip.
* * * * *
    (j) * * *
    (1) * * *
    (iii) Method of counting DAS. A Day gillnet vessel fishing with 
gillnet gear under a NE multispecies DAS shall accrue DAS as follows:
    (A) A Day gillnet vessel fishing with gillnet gear that has elected 
to fish in the Regular B DAS Program, as specified in Sec.  
648.85(b)(6), under a Category B DAS, is subject to the DAS accrual 
provisions of paragraph (e)(3) of this section.
    (B) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS, when not subject to differential DAS 
counting as specified under paragraph (e)(2) of this section, shall 
accrue 15 hr of DAS for each trip of more than 3 hr, but less than or 
equal to 15 hr. Such vessel shall accrue actual DAS time at sea for 
trips less than or equal to 3 hr, or more than 15 hr.
    (C) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS that is fishing in the GOM Differential DAS 
Area and, therefore, subject to differential DAS counting as specified 
under paragraph (e)(2)(iii)(A) of this section, shall accrue DAS at a 
differential DAS rate of 2 to 1 for the actual hours used for any trip 
of 0-3 hr in duration, and for any trip of greater than 7.5 hr. For 
such vessels fishing from 3 to 7.5 hr duration, vessels will be charged 
a full 15 hr. For example, a Day gillnet vessel fishing in the GOM 
Differential Area for 8 hr would be charged 16 hours of DAS, or if 
fishing for 5 hr would be charged 15 hr of DAS.
    (D) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS that is fishing in the SNE Differential DAS 
Area and, therefore, subject to differential DAS counting as specified 
under paragraph (e)(2)(iii)(B) of this section, shall accrue DAS at a 
differential DAS rate of 2 to 1 for the actual hours that are in the 
SNE Differential DAS Area that are from 0-3 hr in duration and greater 
than 7.5 hr. For hours in the SNE Differential DAS Area that are over 3 
and less than or equal to 7.5 hr duration, a vessel shall be charged a 
full 15 hr. For a Day gillnet vessel that fishes both inside and 
outside of the SNE Differential DAS Area on the same trip, time fished 
outside the area shall accrue on the

[[Page 42546]]

basis of actual time, unless otherwise specified in this paragraph 
(j)(1)(iii). A Day gillnet vessel fishing inside and outside of the SNE 
Differential DAS Area on the same trip, shall not accrue less DAS for 
the entire trip than would a Day gillnet vessel fishing the same amount 
of time outside of the SNE Differential DAS Area for the entire trip 
(accruing DAS as specified under paragraph (j)(1)(iii)(B) of this 
section).
* * * * *
    (k) * * *
    (1) Program description. Eligible vessels, as specified in 
paragraph (k)(2) of this section, may lease Category A DAS to and from 
other eligible vessels, in accordance with the restrictions and 
conditions of this section. The Regional Administrator has final 
approval authority for all NE multispecies DAS leasing requests.
* * * * *
    (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 the close of business on 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.
    (4) * * *
    (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 current allocation of Category A DAS.
* * * * *
    (l) DAS Transfer Program. Except for vessels fishing under a sector 
allocation as specified in Sec.  648.87, or a vessel that acted as a 
lessee or lessor in the DAS Leasing Program transaction, a vessel 
issued a valid limited access NE multispecies permit may transfer all 
or its NE multispecies DAS for an indefinite time to another vessel 
with a valid NE multispecies permit, in accordance with the conditions 
and restrictions described under this section. The Regional 
Administrator has final approval authority for all NE multispecies DAS 
transfer requests.
    (1) DAS transfer conditions and restrictions. (i) The transferor 
vessel must transfer all of its DAS. Upon approval of the DAS transfer, 
all history associated with the transferred NE multispecies DAS 
(moratorium right history, DAS use history, and catch history) shall be 
associated with the permit rights of the transferee. Neither the 
individual permit history elements, nor total history associated with 
the transferred DAS may be retained by the transferor.
    (ii) NE multispecies DAS may be transferred only to a vessel with a 
baseline main engine horsepower rating that is no more than 20 percent 
greater than the baseline engine horsepower of the transferor vessel. 
NE multispecies DAS may be transferred only to a vessel with a baseline 
length overall that is no more than 10 percent greater than the 
baseline length overall of the transferor vessel. For the purposes of 
this program, the baseline horsepower and length overall are those 
associated with the permit as of January 29, 2004. Upon approval of the 
transfer, the baseline of the transferee vessel would be the smaller 
baseline of the two vessels or, if the transferee vessel had not 
previously upgraded under the vessel replacement rules, the vessel 
owner could choose to adopt the larger baseline of the two vessels, 
which would constitute the vessel's one-time upgrade, if such upgrade 
is consistent with the vessel replacement rules.
    (iii) The transferor vessel must transfer all of its Federal 
limited access permits for which it is eligible to the transferee 
vessel in accordance with the vessel replacement restrictions under 
Sec.  648.4, or permanently cancel such permits. When duplicate permits 
exist, i.e, those permits for which both the transferor and transferee 
vessel are eligible, one of the duplicate permits must be permanently 
cancelled.
    (iv) For the purpose of calculating the DAS conservation tax as 
described in this paragraph (l), the applicants must specify which DAS 
(the transferor's DAS or the transferee's DAS) are subject to the DAS 
reduction. NE multispecies Category A and Category B DAS, as defined 
under paragraphs (d)(1) and (2) of this section, shall be reduced by 20 
percent upon transfer. Category C DAS, as defined under paragraph 
(d)(3) of this section, will be reduced by 90 percent upon transfer.
    (v) In a particular fishing year, a vessel may not execute a DAS 
transfer as a transferor if it previously participated in the DAS 
Leasing Program as either a lessee or a lessor, as described under 
paragraph (k) of this section. A vessel may participate in DAS lease 
transaction (as a lessee or a lessor) and submit an application for a 
DAS transfer (as a transferor) during the same fishing year, but the 
transfer, if approved, would not be effective until the beginning of 
the following fishing year. Other combinations of activities under the 
DAS Leasing and DAS Transfer programs are permissible during the same 
fishing year (i.e., act as a transferee, or act as transferor and 
subsequently conduct a DAS lease).
* * * * *
    (viii) A vessel with a NE multispecies limited access Category D 
permit may transfer DAS only to a vessel with a NE multispecies limited 
access Category D permit, but may receive transferred DAS from any 
eligible NE multispecies vessel.
    (ix) A vessel with a DAS allocation resulting from a DAS Transfer 
in accordance with this paragraph (l) may acquire, through leasing, up 
to the sum of the DAS allocations for the 2001 fishing year, associated 
with the transferred and original DAS (excluding carry-over DAS from 
the previous year, or additional DAS associated with obtaining a Large 
Mesh permit), in accordance with the restrictions of paragraph (k) of 
this section.
* * * * *
    7. In Sec.  648.85, paragraphs (a)(3)(ii)(A); (a)(3)(iv)(A); 
(a)(3)(iv)(C)(1) and (2); (a)(3)(iv)(D); (a)(3)(v); (b)(3)(xi); (b)(5); 
(b)(6)(iii); (b)(6)(iv)(C) through (F), (H), and (I), (b)(6)(v)(C) and 
(E); (b)(6)(vi); (b)(7)(iv)(F) through (H); (b)(7)(v)(D); 
(b)(7)(vi)(D); the introductory text of paragraph (b)(8); and 
paragraphs (b)(8)(i) and (b)(8)(iv); (b)(8)(v)(A) introductory text; 
(b)(8)(v)(A)(2) through (4); (b)(8)(v)(E), (F), (H), (I) and (K) are 
revised; and paragraphs (b)(6)(ii) and (b)(8)(iii) are removed and 
reserved; and paragraph (b)(6)(iv)(J) is added to read as follows:


Sec.  648.85  Special Management Programs.

* * * * *
    (a) * * *
    (3) * * *
    (ii) * * *
    (A) A vessel fishing under a NE multispecies DAS in the Eastern 
U.S./Canada Area may fish both inside and outside of the Eastern U.S./
Canada Area

[[Page 42547]]

on the same trip, provided it complies with the more restrictive 
regulations, including possession limits, for the areas fished for the 
entire trip, and provided it complies with the restrictions specified 
in paragraphs (a)(3)(ii)(A)(1) through (4) of this section. On a trip 
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 any time prior to 
leaving the Eastern U.S./Canada Area (including at the time of initial 
declaration into the Eastern U.S./Canada Area) that it is also electing 
to fish, i.e., harvest fish, outside the Eastern U.S./Canada Area. With 
the exception of vessels participating in the Regular B DAS Program and 
fishing under a Regular B DAS, once a vessel that has elected to fish 
outside of the Eastern U.S./Canada Area leaves the Eastern U.S./Canada 
Area, Category A DAS will accrue from the time the vessel crosses the 
VMS demarcation line at the start of its fishing trip until the time 
the vessel crosses the demarcation line on its return to port, in 
accordance with Sec.  648.10 (b)(2)(iii).
    (2) The vessel must comply with the reporting requirements of the 
U.S./Canada Management Area specified under Sec.  648.85(a)(3)(v) for 
the duration of the trip.
    (3) If the vessel fishes or intend to fish in one of the 
Differential DAS Areas defined under Sec.  648.82(e)(2)(i) it must 
declare its intent to fish, i.e., harvest fish, in the specific 
Differential DAS Area prior to leaving the Eastern U.S./Canada Area, 
and must not have exceeded the CC/GOM or SNE/MA yellowtail flounder 
trip limits, specified in Sec.  648.86(g) for the respective areas.
    (4) If a vessel possesses yellowtail flounder in excess of the trip 
limits for CC/GOM yellowtail flounder or SNE/MA yellowtail flounder, as 
specified in Sec.  648.86(g), the vessel may not fish in either the CC/
GOM or SNE/MA yellowtail flounder stock area during that trip (i.e., 
may not fish outside of the U.S./Canada Management Area).
* * * * *
    (iv) * * *
    (A) Cod landing limit restrictions. Notwithstanding other 
applicable possession and landing restrictions under this part, a NE 
multispecies vessel fishing in the Eastern U.S./Canada Area described 
in paragraph (a)(1)(ii) of this section may not land more than 500 lb 
(226.8 kg) of cod per DAS, or any part of a DAS, up to 5,000 lb (2,268 
kg) per trip. A vessel fishing in the Eastern U.S./Canada Area may be 
further restricted by participation in other Special Management 
Programs as required under this section.
* * * * *
    (C) * * *
    (1) Initial yellowtail flounder landing limit. Unless further 
restricted under paragraph (a)(3)(iv)(D) of this section (gear 
performance incentives), or, modified pursuant to paragraph 
(a)(3)(iv)(D), the initial yellowtail flounder landing limit for each 
fishing year is 10,000 lb (4,536.2 kg) per trip.
    (2) Regional Administrator authority to adjust the yellowtail 
flounder landing limit mid-season. If, based upon available 
information, the Regional Administrator projects that the yellowtail 
flounder catch may exceed the yellowtail flounder TAC for a fishing 
year, the Regional Administrator may implement, adjust, or remove the 
yellowtail flounder landing limit at any time during that fishing year 
in order to prevent yellowtail flounder catch from exceeding the TAC, 
in a manner consistent with the Administrative Procedure Act. If, based 
upon available information, the Regional Administrator projects that 
the yellowtail flounder catch is less than 90 percent of the TAC, the 
Regional Administrator may adjust, or remove the yellowtail flounder 
landing limit at any time during the fishing year in order to 
facilitate the harvest of the TAC (in a manner consistent with the 
Administrative Procedure Act). The Regional Administrator may specify 
yellowtail flounder trip limits that apply to the whole U.S./Canada 
Management Area or to either the Western or Eastern Area.
* * * * *
    (D) Other restrictions or in-season adjustments. In addition to the 
possession restrictions specified in paragraph (a)(3)(iv) of this 
section, the Regional Administrator, in a manner consistent with the 
Administrative Procedure Act, may modify the gear requirements, modify 
or close access to the U.S./Canada Management Areas, modify the trip 
limits specified under paragraphs (a)(3)(iv)(A) through (C) of this 
section, or modify the total number of trips into the U.S./Canada 
Management Area, to prevent over-harvesting or under-harvesting the 
TAC. Such adjustments may be made at any time during the fishing year, 
or prior to the start of the fishing year. If necessary to give 
priority to using Category A DAS versus using Category B DAS, the 
Regional Administrator may implement different management measures for 
vessels using Category A DAS than for vessels using Category B DAS. If 
the Regional Administrator, under this authority, requires use of a 
particular gear type in order to reduce catches of stocks of concern, 
unless further restricted elsewhere in this part, the following gear 
performance incentives will apply: Possession of flounders (all species 
combined), monkfish, and skates is limited to 500 lb (226.8 kg)(whole 
weight) each (i.e., no more than 500 lb (226.8 kg) of all flounders, no 
more than 500 lb (226.8 kg) of monkfish, and no more than 500 lb (226.8 
kg) of skates), and possession of lobsters is prohibited.
* * * * *
    (v) Reporting. The owner or operator of a NE multispecies DAS 
vessel must submit reports via VMS, in accordance with instructions 
provided by the Regional Administrator, for each day of the fishing 
trip when declared into either of the U.S./Canada Management Areas. The 
vessel must continue to report daily even after exiting the U.S./Canada 
Management Area. 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, or as instructed by the 
Regional Administrator. The reports must include at least the following 
information:
    (A) Total pounds of cod, haddock, yellowtail flounder, winter 
flounder, witch flounder, American plaice, and white hake kept; and 
total pounds of cod, haddock, yellowtail flounder, winter flounder, 
witch flounder, American plaice, and white hake discarded;
    (B) Date fish were caught; and
    (C) Vessel Trip Report (VTR) serial number, as instructed by the 
Regional Administrator.
* * * * *
    (b) * * *
    (3) * * *
    (xi) No-discard provision and DAS flips. A vessel fishing in the CA 
II Yellowtail Flounder SAP, may not discard legal-sized regulated NE 
multispecies, Atlantic halibut, or ocean pout. If a vessel fishing in 
the CA II Yellowtail Flounder SAP exceeds an applicable trip limit, the 
vessel must exit the SAP. If a vessel operator fishing in the CA II 
Yellowtail Flounder SAP under a Category B DAS harvests and brings on 
board more legal-sized regulated NE multispecies, ocean pout, or 
Atlantic halibut than the maximum landing limits allowed per trip, 
specified under paragraph (b)(3)(iv) or (viii) of this section, or 
under Sec.  648.86,

[[Page 42548]]

the vessel operator must immediately notify NMFS via VMS to initiate a 
DAS flip (from a Category B DAS to a Category A DAS). Once this 
notification has been received by NMFS, the vessel's entire trip will 
accrue as a Category A DAS trip. 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 (i.e., either at the beginning 
of the trip, or at the time the vessel crossed into the Eastern U.S./
Canada Area) and the time the vessel declared its DAS flip will be 
accrued as Category A DAS, and not Category B DAS.
* * * * *
    (5) Incidental Catch TACs. Unless otherwise specified in this 
paragraph (b)(5), Incidental Catch TACs will be specified through the 
periodic adjustment process described in Sec.  648.90, and allocated as 
described in this paragraph (b)(5), 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 will 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 Catch TACs specified under this 
paragraph (b)(5) shall be allocated to the Regular B DAS Program 
described in paragraph (b)(6) of this section.
    (ii) GB cod. The Incidental Catch TAC for GB cod specified under 
this paragraph (b)(5) shall be subdivided as follows: 50 percent to the 
Regular B DAS Program, described in paragraph (b)(6) of this section; 
16 percent to the CA I Hook Gear Haddock SAP described in paragraph 
(b)(7) of this section; and 34 percent to the Eastern U.S./Canada 
Haddock SAP, described in paragraph (b)(8) of this section.
    (iii) GB yellowtail flounder and GB winter flounder. Each of the 
Incidental Catch TACs for GB yellowtail flounder and GB winter flounder 
specified under this paragraph (b)(5) shall be subdivided as follows: 
50 percent to the Regular B DAS Program, described in paragraph (b)(6) 
of this section; and 50 percent to the Eastern U.S./Canada Haddock SAP, 
described in paragraph (b)(8) of this section.
* * * * *
    (6) * * *
    (ii) [Reserved]
    (iii) Quarterly Incidental Catch TACs. The Incidental Catch TACs 
specified in accordance with paragraph (b)(5) of this section will be 
divided into quarterly catch TACs as follows: The first quarter will 
receive 13 percent of the Incidental Catch TACs and the remaining 
quarters will each receive 29 percent of the Incidental Catch TACs. 
NMFS will send letters to all limited access NE multispecies permit 
holders notifying them of such TACs.
    (iv) * * *
    (C) VMS declaration. To participate in the Regular B DAS Program 
under a Regular B DAS, a vessel must declare into the Program via 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. Declaration of a Regular B DAS Program trip does not 
reserve a vessel's right to fish under the Program.
    (D) Landing limits. Unless otherwise specified in this paragraph 
(b)(6)(iv)(D), a NE multispecies vessel fishing in the Regular B DAS 
Program described in this paragraph (b)(6), and fishing under a Regular 
B DAS, may not land more than 100 lb (45.5 kg) per DAS, or any part of 
a DAS, up to a maximum of 1,000 lb (454 kg) per trip, of any of the 
following species/stocks: Cod, American plaice, white hake, witch 
flounder, SNE/MA winter flounder, GB winter flounder, GB yellowtail 
flounder, southern windowpane flounder, and ocean pout, and may not 
land more than 25 lb (11.3 kg) per DAS, or any part of a DAS, up to a 
maximum of 250 lb (113 kg) per trip of CC/GOM or SNE/MA yellowtail 
flounder. In addition, trawl vessels, which are required to fish with a 
haddock separator trawl, as specified under paragraph (b)(6)(iv)(J) of 
this section, and other gear that may be required in order to reduce 
catches of stocks of concern as described under paragraph (b)(6)(iv)(J) 
of this section, are restricted to the following trip limits: 500 lb 
(227 kg) of all flatfish species (American plaice, witch flounder, 
winter flounder, windowpane flounder, and GB yellowtail flounder), 
combined, 500 lb (227 kg) of monkfish (whole weight), 500 lb (227 kg) 
of skates (whole weight), and zero possession of lobsters, 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, ocean pout, Atlantic halibut, or monkfish. This 
prohibition on discarding does not apply in areas or times where the 
possession or landing of groundfish is prohibited. If such a vessel 
harvests and brings on board legal-sized regulated NE multispecies, or 
Atlantic halibut in excess of the allowable landing limits specified in 
paragraph (b)(6)(iv)(D) of this section or Sec.  648.86, the vessel 
operator must notify NMFS immediately via VMS to initiate a DAS flip 
from a B DAS to A DAS. Once this notification has been received by 
NMFS, the vessel will automatically be switched by NMFS to fishing 
under a Category A DAS for its entire fishing trip. Thus, any Category 
B DAS that accrued between the time the vessel declared into the 
Regular B DAS Program 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. After flipping to a Category A 
DAS, the vessel is subject to the trip limits specified under Sec.  
648.86.
    (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 that the 
vessel has at the start of the trip. If a vessel is fishing in the GOM 
Differential DAS Area or the SNE Differential DAS Area, as described in 
Sec.  648.82(e)(2)(i), the number of Regular B DAS that can be used on 
a trip cannot exceed the number of Category A DAS that the vessel has 
at the start of the trip divided by 2. For example, if a vessel plans a 
trip under the Regular B DAS Program into the GOM Differential DAS Area 
and has 10 Category A DAS available at the start of the trip, the 
maximum number of Regular B DAS that the vessel may fish under the 
Regular B Program is 5. A vessel fishing in the Regular B DAS Program 
for its entire trip will accrue DAS in accordance with Sec.  
648.82(e)(3).
* * * * *
    (H) Closure of Regular B DAS Program and quarterly DAS limits. 
Unless otherwise closed as a result of the harvest of an Incidental 
Catch TAC as described in paragraph (b)(6)(iv)(G) of this section, or 
as a result of an action by the Regional Administrator under paragraph 
(b)(6)(vi) of this section, the use of Regular B DAS shall, in a manner 
consistent with the Administrative Procedure Act, be prohibited when 
500 Regular B DAS have been used during the first quarter of the 
fishing year (May-July), or when 1,000 Regular B DAS have been used 
during any of the remaining quarters of the fishing year, in accordance 
with Sec.  648.82(e)(3).

[[Page 42549]]

    (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)(6)(iv)(C) of this section, the 
reports must include at least the following information: Total pounds 
of haddock, yellowtail flounder, winter flounder, witch flounder, 
American plaice, and white hake kept; total pounds of haddock, 
yellowtail flounder, winter flounder, witch flounder, American plaice, 
and white hake discarded; date fish were caught; and VTR serial number, 
as instructed by the Regional Administrator. Daily reporting must 
continue even if the vessel operator is required to flip, as described 
under paragraph (b)(6)(iv)(E) of this section.
    (J) Gear requirement--(1) 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, or other type of gear 
if approved as described under this paragraph (b)(6)(iv)(J). Other gear 
may be on board the vessel, provided it is stowed when the vessel is 
fishing under the Regular B DAS Program.
    (2) The Regional Administrator may authorize the use of additional 
gear for this program if it has been demonstrated to reduce the catch 
of groundfish stocks of concern based on approved gear standards 
implemented pursuant to paragraph (b)(6)(iv)(J)(3) of this section.
    (3) The Regional Administrator may not authorize additional gear 
unless the Council first recommends to the Regional Administrator, and 
the Regional Administrator approves, gear standards in a manner 
consistent with the Administrative Procedure Act. If the Regional 
Administrator does not approve any gear standards recommended by the 
Council for use in the Regular B DAS Program, NMFS must provide a 
written rationale to the Council regarding its decision not to do so.
    (v) * * *
    (C) CC/GOM yellowtail flounder stock area. The CC/GOM yellowtail 
flounder stock area for the purposes of the Regular B DAS Program is 
the area defined by straight lines connecting the following points in 
the order stated:

                                      CC/GOM Yellowtail Flounder Stock Area
----------------------------------------------------------------------------------------------------------------
                 Point                     N. lat.                              W. long.
----------------------------------------------------------------------------------------------------------------
CCGOM1                                  43 [deg] 00'                  Intersection with New Hampshire Coastline
CCGOM2                                  43 [deg] 00'                                               70 [deg] 00'
CCGOM3                                  42 [deg] 30'                                               70 [deg] 00'
CCGOM4                                  42 [deg] 30'                                               69 [deg] 30'
CCGOM5                                  41 [deg] 30'                                               69 [deg] 30'
CCGOM6                                  41 [deg] 30'                                               69 [deg] 00'
CCGOM7                                  41 [deg] 00'                                               69 [deg] 00'
CCGOM8                                  41 [deg] 00'                                               69 [deg] 30'
CCGOM5                                  41 [deg] 30'                                               69 [deg] 30'
CCGOM9                                  41 [deg] 30'                                               70 [deg] 00'
CCGOM10                                 1                                                          70 [deg] 00'
CCGOM11                                 42 [deg] 00'       Intersection with east facing shoreline of Cape Cod,
                                                                                                  Massachusetts
CCGOM12                                 42 [deg] 00'   Intersection with west facing shoreline of Massachusetts
CCGOM13                                 2                                                          70 [deg] 00'
----------------------------------------------------------------------------------------------------------------
1 Intersection with south facing shoreline of Cape Cod, Massachusetts
2 Intersection with east facing shoreline of Cape Cod, Massachusetts

* * * * *
    (E) SNE/MA yellowtail flounder stock area. The SNE/MA yellowtail 
flounder stock area for the purposes of the Regular B DAS Program is 
the area bounded on the north, east, and south by straight lines 
connecting the following points in the order stated:

                                      SNE/MA Yellowtail Flounder Stock Area
----------------------------------------------------------------------------------------------------------------
                 Point                     N. lat.                              W. long.
----------------------------------------------------------------------------------------------------------------
SNEMA1                                  40 [deg] 00'                                               74 [deg] 00'
SNEMA2                                  40 [deg] 00'                                               72 [deg] 00'
SNEMA3                                  40 [deg] 30'                                               72 [deg] 00'
SNEMA4                                  40 [deg] 30'                                               69 [deg] 30'
SNEMA5                                  41 [deg] 00'                                               69 [deg] 30'
SNEMA6                                  41 [deg] 00'                                               69 [deg] 00'
SNEMA7                                  41 [deg] 30'                                               69 [deg] 00'
SNEMA8                                  41 [deg] 30'                                               70 [deg] 00'
SNEMA9                                  41 [deg] 00'                                               70 [deg] 00'
SNEMA10                                 41 [deg] 00'                                               70 [deg] 30'
SNEMA11                                 41 [deg] 30'                                               70 [deg] 30'
SNEMA12                                 1                                                          72 [deg] 00'
SNEMA13                                 2                                                          72 [deg] 00'
SNEMA14                                 3                                                          73 [deg] 00'
SNEMA15                                 40 [deg] 30'                                               73 [deg] 00'
SNEMA16                                 40 [deg] 30'                                               74 [deg] 00'

[[Page 42550]]

 
SNEMA17                                 40 [deg] 00'                                               74 [deg] 00'
----------------------------------------------------------------------------------------------------------------
1 South facing shoreline of Connecticut
2 North facing shoreline of Long Island, New York
3 South facing shoreline of Long Island, New York

* * * * *
    (vi) 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, in a 
manner 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. Reasons for terminating the program include, but are not 
limited to the following: Inability to constrain catches to the 
Incidental Catch TACs; evidence of excessive discarding; a significant 
difference in flipping rates between observed and unobserved trips; or 
insufficient observer coverage to adequately monitor the program.
    (7) * * *
    (iv) * * *
    (F) Haddock TAC. The maximum total amount of haddock that may be 
caught (landings and discards) in the Closed Area I Hook Gear SAP Area 
in any fishing year is based upon the size of the TAC allocated for the 
2004 fishing year (1,130 mt live weight), adjusted according to the 
growth or decline of the western GB (WGB) haddock exploitable biomass 
(in relationship to its size in 2004), according the following formula: 
Biomass YEAR X = (1,130 mt live weight) x (Projected WGB Haddock 
Exploitable BiomassYEAR!X / WGB Haddock Exploitable 
Biomass2004). The size of the western component of the stock 
is considered to be 35 percent of the total stock size, unless modified 
by a stock assessment. The Regional Administrator is authorized to 
specify the haddock TAC for the SAP, in a manner consistent with the 
Administrative Procedure Act, based on the best available scientific 
information.
    (G) Trip restrictions. A vessel is prohibited from deploying 
fishing gear outside of the Closed Area I Hook Gear Haddock SAP Area on 
the same fishing trip on which it is declared into the Closed Area I 
Hook Gear Haddock SAP, and must exit the SAP if the vessel exceeds the 
applicable landing limits described in paragraph (b)(7)(iv)(H) of this 
section.
    (H) Landing limits. For all eligible vessels declared into the 
Closed Area I Hook Gear Haddock SAP described in paragraph (b)(7)(i) of 
this section, landing limits for NE multispecies other than cod, which 
are specified at paragraphs (b)(7)(v)(C) and (b)(7)(vi)(C) of this 
section, are as specified at Sec.  648.86. Such vessels are prohibited 
from discarding legal-sized regulated NE multispecies, Atlantic 
halibut, and ocean pout, and must exit the SAP and cease fishing if any 
trip limit is achieved or exceeded.
* * * * *
    (v) * * *
    (D) Reporting requirements. The owner or operator of a Sector 
vessel declared into the Closed Area I Hook Gear Haddock SAP must 
submit reports to the Sector Manager, with instructions to be provided 
by the Sector Manager, for each day fished in the Closed Area I Hook 
Gear Haddock SAP Area. The Sector Manager will provide daily reports to 
NMFS, including at least the following information: Total pounds of 
haddock, cod, yellowtail flounder, winter flounder, witch flounder, 
American plaice, and white hake kept; total pounds of haddock, cod, 
yellowtail flounder, winter flounder, witch flounder, American plaice, 
and white hake discarded; date fish were caught; and VTR serial number, 
as instructed by the Regional Administrator. Daily reporting must 
continue even if the vessel operator is required to exit the SAP as 
required under paragraph (b)(7)(iv)(G) of this section.
* * * * *
    (vi) * * *
    (D) Reporting requirements. The owner or operator of a non-Sector 
vessel declared into the Closed Area I Hook Gear Haddock SAP must 
submit reports via VMS, in accordance with instructions to be provided 
by the Regional Administrator, for each day fished in the Closed Area I 
Hook Gear Haddock SAP Area. The reports must be submitted in 24-hr 
intervals for each day fished, beginning at 0000 hr and ending at 2400 
hr. The reports must be submitted by 0900 hr of the day following 
fishing. The reports must include at least the following information: 
Total pounds of haddock, cod, yellowtail flounder, winter flounder, 
witch flounder, American plaice, and white hake kept; total pounds of 
haddock, cod, yellowtail flounder, winter flounder, witch flounder, 
American plaice, and white hake discarded; date fish were caught; and 
VTR serial number, as instructed by the Regional Administrator. Daily 
reporting must continue even if the vessel operator is required to exit 
the SAP as required under paragraph (b)(7)(iv)(G) of this section.
* * * * *
    (8) Eastern U.S./Canada Haddock SAP--(i) Eligibility. Vessels 
issued a valid limited access NE multispecies DAS permit, and fishing 
with trawl gear as specified in paragraph (b)(8)(v)(E) of this section, 
are eligible to participate in the Eastern U.S./Canada Haddock SAP, and 
may fish in the Eastern U.S./Canada Haddock SAP Area, as described in 
paragraph (b)(8)(ii) of this section, during the season specified in 
paragraph (b)(8)(iv) of this section, provided such vessels comply with 
the requirements of this section, and provided the SAP is not closed 
according to the provisions specified in paragraphs (b)(8)(v)(K) or (L) 
of this section, or the Eastern U.S./Canada Area is not closed as 
described under paragraph (a)(3)(iv)(E) of this section.
* * * * *
    (iii) [Reserved]
    (iv) Season. Eligible vessels may fish in the Eastern U.S./Canada 
Haddock SAP from August 1 through December 31.
    (v) * * *
    (A) DAS use restrictions. A vessel fishing in the Eastern U.S./
Canada Haddock SAP may elect to fish under a Category A or Category B 
DAS, in accordance with Sec.  648.82(d)(2)(i)(A) and the restrictions 
of this paragraph (b)(8)(v)(A).
* * * * *
    (2) A vessel that is declared into the Eastern U.S./Canada Haddock 
SAP described in paragraph (b)(8)(i) of this section may fish, on the 
same trip, in the Eastern U.S./Canada Haddock SAP Area and in the 
Closed Area 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.

[[Page 42551]]

    (3) A vessel may choose, on the same trip, to fish in either/both 
the Eastern U.S./Canada Haddock SAP Program and the Closed Area II 
Yellowtail Flounder Access Area, and in the portion of the Eastern 
U.S./Canada Area described in paragraph (a)(1)(ii) of this section that 
lies outsides of these two SAPs, provided the vessel fishes under a 
Category A DAS and abides by the VMS restrictions of paragraph 
(b)(8)(v)(D) of this section. Such a vessel may also elect to fish 
outside of the Eastern U.S./Canada Area on the same trip, in accordance 
with the restrictions of paragraph (a)(3)(ii)(A) of this section.
    (4) Vessels that elect to fish in multiple areas, as described in 
this paragraph (b)(8)(v)(A), must fish under the most restrictive trip 
provisions of the areas fished for the entire trip, including those in 
paragraph (a)(3)(ii)(A)(3) of this section.
* * * * *
    (E) Gear restrictions--(1) A NE multispecies vessel fishing in the 
Eastern U.S./Canada Haddock SAP 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, or other type of gear if 
approved as described under this paragraph (b)(8)(v)(E). No other type 
of fishing gear may be on the vessel when on a trip in the Eastern 
U.S./Canada Haddock SAP, with the exception of a flounder net, as 
described in paragraph (a)(3)(iii) of this section, provided that the 
flounder net is stowed in accordance with Sec.  648.23 (b).
    (2) The Regional Administrator may authorize the use of additional 
gear for this program if it has been demonstrated to reduce the catch 
of groundfish stocks of concern based on approved gear standards 
implemented pursuant to paragraph (b)(8)(v)(E)(3) of this section.
    (3) The Regional Administrator may not authorize additional gear 
unless the Council first recommends to the Regional Administrator, and 
the Regional Administrator approves, gear standards in a manner 
consistent with the Administrative Procedure Act. If the Regional 
Administrator does not approve any gear standards recommended by the 
Council for use in the Eastern U.S./Canada Haddock SAP, NMFS must 
provide a written rationale to the Council regarding its decision not 
to do so.
    (F) Landing limits. Unless otherwise restricted, NE multispecies 
vessels fishing any portion of a trip in the Eastern U.S./Canada 
Haddock SAP 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 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 
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 and 100 lb (45.5 kg) of 
GB winter flounder, up to a maximum of 500 lb (227 kg) of all flatfish 
species, combined. Possession of monkfish (whole weight), and skates 
(whole weight) is limited to 500 lb (227 kg) each, and possession of 
lobsters is prohibited.
* * * * *
    (H) Incidental TACs. The maximum amount of GB cod, and the amount 
of GB yellowtail flounder and GB winter flounder, both landings and 
discards, that may be caught when fishing in the Eastern U.S./Canada 
Haddock SAP Program in a fishing year by vessels fishing under a 
Category B DAS, as authorized in paragraph (b)(8)(v)(A), is the amount 
specified in paragraphs (b)(5)(ii) and (iii), respectively.
    (I) No discard provision and DAS flips. A vessel fishing in the 
Eastern U.S./Canada Haddock SAP Program may not discard legal-sized 
regulated NE multispecies, Atlantic halibut, and ocean pout. If a 
vessel fishing in the Eastern U.S./Canada Haddock SAP under a Category 
B DAS exceeds the applicable maximum landing limit per trip specified 
under paragraph (b)(8)(v)(F) of this section, or under Sec.  648.86, 
the vessel operator must retain the fish and immediately notify NMFS 
via VMS to initiate a DAS flip (from a Category B DAS to a Category A 
DAS). After flipping to a Category A DAS the vessel is subject to all 
landing limits specified underSec.  648.86. If a NE multispecies vessel 
fishing in this SAP, while under a Category B DAS or a Category A DAS 
exceeds a trip limit specified under paragraph (b)(8)(v)(F) of this 
section or Sec.  648.86, or other applicable trip limit, the vessel 
must immediately exit the SAP area defined under paragraph (b)(8)(ii) 
of this section, for the remainder of the trip. 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 and the 
time the vessel declared its DAS flip will be accrued as Category A 
DAS, and not Category B DAS.
* * * * *
    (K) Mandatory closure of Eastern U.S./Canada Haddock SAP. When the 
Regional Administrator projects that one or more of the TAC allocations 
specified in paragraph (b)(8)(v)(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, through 
publication 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 Program.
* * * * *
    8. In Sec.  648.86, the section heading, paragraphs (a)(1), (b)(1), 
(b)(2), (b)(4), (e), and (g) are revised, and paragraph (j) is added, 
to read as follows:


Sec.  648.86  NE Multispecies possession restrictions.

* * * * *
    (a) * * *
    (1) NE multispecies DAS vessels--(i) Implementation and adjustments 
to the haddock trip limit to prevent exceeding the target TAC. At any 
time prior to or during the fishing year, if the Regional Administrator 
projects that the target TAC for haddock will be exceeded in that 
fishing year, NMFS may implement or adjust, in a manner consistent with 
the Administrative Procedure Act, a per DAS possession limit and/or a 
maximum trip limit in order to prevent exceeding the target TAC in that 
fishing year.
    (ii) Implementation and adjustments to the haddock trip limit to 
facilitate harvest of the target TAC. At any time prior to or during 
the fishing year, if the Regional Administrator projects that less than 
90 percent of the target TAC for that fishing year will be harvested, 
NMFS may remove or adjust, in a manner consistent with the 
Administrative Procedure Act, a per DAS possession limit and/or a 
maximum trip limit in order facilitate haddock harvest and enable the 
total catch to approach the target TAC for that fishing year.
* * * * *
    (b) * * *
    (1) GOM cod landing limit. (i) Except as provided in paragraphs 
(b)(1)(ii) and (b)(4) of this section, or unless otherwise restricted 
under Sec.  648.85, a vessel fishing under a NE multispecies DAS may 
land only up to 800 lb (362.9 kg) of cod during the first 24-hr period 
after the vessel has started a trip on which cod were landed (e.g., a 
vessel that starts a trip at 6 a.m. may call out of the DAS program at 
11 a.m. and land up to 800 lb (362.9 kg), but the vessel cannot land 
any more cod on a subsequent trip until at least 6 a.m. on the 
following day). For

[[Page 42552]]

each trip longer than 24 hr, a vessel may land up to an additional 800 
lb (362.9 kg) for each additional 24-hr block of DAS fished, or part of 
an additional 24-hr block of DAS fished, up to a maximum of 4,000 lb 
(1,818.2 kg) per trip (e.g., a vessel that has been called into the DAS 
program for more than 24 hr, but less than 48 hr, may land up to, but 
no more than,1,600 lb (725.7 kg) of cod). A vessel that has been called 
into only part of an additional 24-hr block of a DAS (e.g., a vessel 
that has been called into the DAS program for more than 24 hr, but less 
than 48 hr) may land up to an additional 800 lb (362.9 kg) of cod for 
that trip, provided the vessel complies with the provisions of 
paragraph (b)(1)(ii) of this section. Cod on board a vessel subject to 
this landing limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
    (ii) A vessel that has been called into or declared into only part 
of an additional 24-hr block may come into port with and offload cod up 
to an additional 800 lb (362.9 kg), provided that the vessel operator, 
with the exception of vessels fishing in one of the two Differential 
DAS Areas under the restrictions of Sec.  648.82(e)(2)(i), complies 
with the following:
    (A) For a vessel that is subject to the VMS provisions specified 
under Sec.  648.10(b), the vessel declares through VMS that 
insufficient DAS have elapsed in order to account for the amount of cod 
onboard and, after returning to port, does not depart from a dock or 
mooring in port, unless transiting as allowed under paragraph (b)(3) of 
this section, until the rest of the additional 24-hr block of the DAS 
has elapsed, regardless of whether all of the cod on board is offloaded 
(e.g., a vessel that has been in the DAS program for 25 hr prior to 
crossing the VMS demarcation line on the return to port) may land only 
up to 1,600 lb (725.6 kg) of cod, provided the vessel does not declare 
another trip or leave port until 48 hr have elapsed from the beginning 
of the trip).
    (B) For a vessel that has been authorized by the Regional 
Administrator to utilize the DAS call-in system, as specified under 
Sec.  648.10(c), in lieu of VMS, the vessel does not call out of the 
DAS program as described under Sec.  648.10(c)(3) and does not depart 
from a dock or mooring in port, unless transiting as allowed in 
paragraph (b)(3) of this section, until the rest of the additional 24-
hr block of DAS has elapsed, regardless of whether all of the cod on 
board is offloaded (e.g., a vessel that has been called into the DAS 
program for 25 hr at the time of landing may land only up to 1,600 lb 
(725.6 kg) of cod, provided the vessel does not call out of the DAS 
program or leave port until 48 hr have elapsed from the beginning of 
the trip.
    (2) GB cod landing and maximum possession limits. (i) Unless 
otherwise restricted under Sec.  648.85, or under the provisions of 
paragraph (b)(2)(ii) of this section, or unless exempt from the landing 
limit under paragraph (b)(1) as authorized under the Sector provisions 
of Sec.  648.87, a NE multispecies DAS vessel may land up to 1,000 
pounds of cod per DAS, or part of a DAS, provided it complies with the 
requirements specified at paragraph (b)(4) of this section and this 
paragraph (b)(2). A NE multispecies DAS vessel may land up to 1,000 lb 
(453.6 kg) of cod during the first 24-hr period after such 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) of cod, 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 (4,536 kg) per trip (e.g., a vessel that has been called into 
the DAS program for more than 24 hr, but less than 48 hr, may land up 
to, but no more than, 2,000 lb (907.2 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 1,000 lb (453.6 kg) 
of cod for that trip, provided the vessel complies with the provisions 
of paragraph (b)(2)(ii) of this section. Cod on board a vessel subject 
to this landing limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
    (ii) A vessel that has been called into or declared into only part 
of an additional 24-hr block may come into port with and offload cod up 
to an additional 1,000 lb (453.6 kg), provided that the vessel 
operator, with the exception of vessels fishing in one of the two 
Differential DAS Areas under the restrictions of Sec.  648.82(e)(2)(i), 
complies with the following:
    (A) For a vessel that has been authorized by the Regional 
Administrator to utilize the DAS call-in system as specified under 
Sec.  648.10(c), in lieu of VMS, the vessel does not call out of the 
DAS program as described under Sec.  648.10(c)(3) and does not depart 
from a dock or mooring in port, unless transiting, as allowed in 
paragraph (b)(3) of this section, until the rest of the additional 24-
hr block of DAS has elapsed, regardless of whether all of the cod on 
board is offloaded (e.g., a vessel that has been called into the DAS 
program for 25 hr at the time of landing may land only up to 2,000 lb 
(907.2 kg) of cod, provided the vessel does not call out of the DAS 
program or leave port until 48 hr have elapsed from the beginning of 
the trip.)
    (B) For a vessel that is subject to the VMS provisions specified 
under ' 648.10(b), the vessel declares through VMS that insufficient 
DAS have elapsed in order to account for the amount of cod onboard, and 
after returning to port does not depart from a dock or mooring in port, 
unless transiting, as allowed under paragraph (b)(3) of this section, 
until the rest of the additional 24-hr block of the DAS has elapsed, 
regardless of whether all of the cod on board is offloaded (e.g., a 
vessel that has been in the DAS program for 25 hr prior to crossing the 
VMS demarcation line on the return to port may land only up to 2,000 lb 
(907.2 kg) of cod, provided the vessel does not declare another trip or 
leave port until 48 hr have elapsed from the beginning of the trip.)
* * * * *
    (4) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (b)(1) of this 
section when fishing south of the Gulf of Maine Regulated Mesh Area, 
defined in Sec.  648.80(a)(1), provided that it complies with the 
requirement of this paragraph (b)(4).
    (i) Declaration. With the exception of vessels declared into the 
U.S./Canada Management Area, as described under Sec.  648.85(a)(3)(ii), 
a NE multispecies DAS vessel that fishes or intends to fish south of 
the line described in paragraph (b)(4) of this section, under the cod 
trip limits described under paragraph (b)(2) of this section, must, 
prior to leaving the dock, declare its intention to do so through the 
VMS, in accordance with instructions to be provided by the Regional 
Administrator. In lieu of a VMS declaration, the Regional Administrator 
may authorize such vessels to obtain a letter of authorization. If a 
letter of authorization is required, such vessel may not fish north of 
the exemption area for a minimum of 7 consecutive days (when fishing 
under the multispecies DAS program), and must carry the authorization 
letter on board.
    (ii) A vessel exempt from the GOM cod landing limit may not fish 
north of the line specified in paragraph (b)(4) of this section for the 
duration of the trip, but may transit the GOM Regulated

[[Page 42553]]

Mesh Area, provided that its gear is stowed in accordance with the 
provisions of Sec.  648.23(b). A vessel fishing north and south of the 
line on the same trip is subject to the most restrictive applicable cod 
trip limit.
* * * * *
    (e) White hake. Unless otherwise restricted under this part, a 
vessel issued a NE multispecies DAS permit, a limited access Handgear A 
permit, an open access Handgear B permit, or a monkfish limited access 
permit and fishing under the monkfish Category C or D permit provisions 
may land up to 500 lb (226.8 kg) of white hake per DAS, or any part of 
a DAS, up to 5,000 lb (2,268.1 kg) per trip.
* * * * *
    (g) Yellowtail flounder--(1) CC/GOM and SNE/MA yellowtail flounder 
landing limit. Unless otherwise restricted under this part, a vessel 
issued a NE multispecies DAS permit, a limited access Handgear A 
permit, an open access Handgear B permit, or a monkfish limited access 
permit and fishing under the monkfish Category C or D permit 
provisions, and fishing exclusively outside of the U.S./Canada 
Management Area, as defined under Sec.  648.85(a)(1), may land or 
possess on board only up to 250 lb (113.6 kg) of yellowtail flounder 
per DAS, or any part of a DAS, up to a maximum possession limit of 
1,000 lb (453.6 kg) per trip. A vessel fishing outside and inside of 
the U.S./Canada Management Area on the same trip is subject to the more 
restrictive yellowtail flounder trip limit (i.e., that specified by 
this paragraph (g) or Sec.  648.85(a)(3)(iv)(C)).
    (2) GB Yellowtail Flounder Landing Limit. Unless otherwise 
restricted under this part, a vessel issued a NE multispecies DAS 
permit, a limited access Handgear A permit, an open access Handgear B 
permit, or a monkfish limited access permit and fishing under the 
monkfish Category C or D permit provisions, and fishing in the U.S./
Canada Management Area defined under Sec.  648.85(a)(1) is subject to 
the GB yellowtail flounder limit described under Sec.  
648.85(a)(3)(iv)(C).
* * * * *
    (j) GB winter flounder. Unless otherwise restricted under this 
part, a vessel issued a NE multispecies DAS permit, a limited access 
Handgear A permit, an open access Handgear B permit, or a monkfish 
limited access permit and fishing under the monkfish Category C or D 
permit provisions, and fishing in the U.S./Canada Management Area 
defined under Sec.  648.85(a)(1), may not possess or land more than 
5,000 lb (2,268.1 kg) of GB winter flounder per trip.
    9. In Sec.  648.87, paragraph (d)(2) is added to read as follows:


Sec.  648.87  Sector allocation.

* * * * *
    (d) * * *
    (2) GB Cod Fixed Gear Sector. Eligible NE multispecies DAS vessels, 
as specified in paragraph (d)(2)(i) of this section, may participate in 
the GB Cod Fixed Gear Sector within the area defined as the GB Cod Hook 
Sector Area, as specified under paragraph (d)(1)(i) of this section, 
under the GB Cod Fixed Gear Sector's Operations Plan, provided the 
Operations Plan is approved by the Regional Administrator in accordance 
with paragraph (c) of this section, and provided that each 
participating vessel and vessel operator and/or vessel owner complies 
with the requirements of the Operations Plan, the requirements and 
conditions specified in the Letter of Authorization issued pursuant to 
paragraph (c) of this section, and all other requirements specified in 
this section.
    (i) Eligibility. All vessels issued a limited access NE 
multispecies DAS permit are eligible to participate in the GB Cod Fixed 
Gear Sector, provided they have documented landings through valid 
dealer reports submitted to NMFS of GB cod during the fishing years 
1996 to 2001, regardless of gear fished.
    (ii) TAC allocation. For each fishing year, the Sector's allocation 
of that fishing year's GB cod TAC, up to a maximum of 20 percent of the 
GB cod TAC, will be determined as follows:
    (A) Sum of the total accumulated landings of GB cod by vessels 
identified in the Sector's Operations Plan specified under paragraph 
(b)(2) of this section, for the fishing years 1996 through 2001, 
regardless of gear used, as reported in the NMFS dealer database.
    (B) Sum of total accumulated landings of GB cod made by all NE 
multispecies vessels for the fishing years 1996 through 2001, as 
reported in the NMFS dealer database.
    (C) Divide the sum of total landings of Sector participants 
calculated in paragraph (d)(2)(ii)(A) of this section by the sum of 
total landings by all vessels calculated in paragraph (d)(2)(ii)(B) of 
this section. The resulting number represents the percentage of the 
total GB cod TAC allocated to the GB Cod Hook Sector for the fishing 
year in question.
    (iii) Requirements. A vessel fishing under the GB Cod Fixed Gear 
Sector may not fish with gear other than jigs, non-automated demersal 
longline, hand gear, or sink gillnets.
    10. In Sec.  648.88, paragraph (c) is revised to read as follows:


Sec.  648.88  Multispecies open access permit restrictions.

* * * * *
    (c) Scallop NE multispecies possession limit permit. With the 
exception of vessels fishing in the Sea Scallop Access Areas as 
specified in Sec.  648.59(b) through (d), a vessel that has been issued 
a valid open access scallop NE multispecies possession limit permit may 
possess and land up to 300 lb (136.1 kg) of regulated NE multispecies 
when fishing under a scallop DAS allocated under Sec.  648.53, provided 
the vessel does not fish for, possess, or land haddock from January 1 
through June 30, as specified under Sec.  648.86(a)(2)(i), and provided 
that the amount of regulated NE multispecies on board the vessel does 
not exceed any of the pertinent trip limits specified under Sec.  
648.86, and provided the vessel has at least one standard tote on 
board. A vessel fishing in the Sea Scallop Access Areas as specified in 
Sec.  648.59(b) through (d) is subject to the possession limits 
specified in Sec.  648.60(a)(5)(ii).
* * * * *
    11. In Sec.  648.89, paragraphs (b)(1), (c)(1)(i), and (c)(2)(i) 
are revised, and paragraphs (b)(3), (c)(1)(v), and (c)(2)(v) are added 
to read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

* * * * *
    (b) * * *
    (1) Minimum fish sizes. Unless further restricted under paragraph 
(b)(3) of this section, persons aboard charter or party vessels 
permitted under this part and not fishing under the NE multispecies DAS 
program, and recreational fishing vessels in or possessing fish from 
the EEZ, may not possess fish smaller than the minimum fish sizes, 
measured in total length (TL), as follows:
    GPO, insert Table Minimum Fish Sizes (TL) for Charter, Party, and 
Private Recreational Vessels here.

                  Minimum Fish Sizes (TL) for Charter, Party, and Private Recreational Vessels
----------------------------------------------------------------------------------------------------------------
                             Species                                                   Sizes
----------------------------------------------------------------------------------------------------------------
Cod..............................................................                                   22 (58.4 cm)

[[Page 42554]]

 
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)
----------------------------------------------------------------------------------------------------------------

* * * * *
    (3) GOM cod. Private recreational vessels and charter party vessels 
described in paragraph (b)(1) 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) * * *
    (i) Unless further restricted by the Seasonal GOM Cod Possession 
Prohibition, specified under paragraph (c)(1)(v) of this section, each 
person on a private recreational vessel may possess no more than 10 cod 
per day in, or harvested from, the EEZ.
* * * * *
    (v) Seasonal GOM cod possession prohibition. Persons aboard private 
recreational fishing vessels fishing in the GOM Regulated Mesh Area 
specified under Sec.  648.80(a)(1), may not fish for or possess any cod 
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 any cod on board has been gutted and stored.
    (2) * * *
    (i) Unless further restricted by the Seasonal GOM Cod Possession 
Prohibition, specified under paragraph (c)(2)(v) of this section, each 
person on a private recreational vessel may possess no more than 10 cod 
per day.
* * * * *
    (v) Seasonal GOM cod possession prohibition. Persons aboard 
charter/party fishing vessels fishing in the GOM Regulated Mesh Area 
specified under ' 648.80(a)(1) may not fish for or possess any cod from 
November 1 through March 31. Charter/party 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 any cod 
on board has been gutted and stored.
* * * * *
    12. In Sec.  648.92, paragraph (b)(2)(i) is revised to read as 
follows:


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

* * * * *
    (b) * * *
    (2) * * *
    (i) Unless otherwise specified in paragraph (b)(2)(ii) of this 
section, each monkfish DAS used by a limited access NE multispecies or 
scallop DAS vessel holding a Category C, D, F, G, or H limited access 
monkfish permit shall also be counted as a NE multispecies or scallop 
DAS, as applicable, except when a Category C, D, F, G, or H vessel with 
a limited access NE multispecies DAS permit has an allocation of NE 
multispecies Category A DAS, specified under Sec.  648.82(d)(1), that 
is less than the number of monkfish DAS allocated for the fishing year 
May 1 through April 30. Under this circumstance, the vessel may fish 
under the monkfish limited access Category A or B provisions, as 
applicable, for the number of DAS that equal the difference between the 
number of its allocated monkfish DAS and the number of its allocated NE 
multispecies Category A DAS. For such vessels, when the total 
allocation of NE multispecies Category A DAS has been used, a monkfish 
DAS may be used without concurrent use of a NE multispecies DAS. For 
example, if a monkfish Category D vessel's NE multispecies Category A 
DAS allocation is 30, and the vessel fished 30 monkfish DAS, 30 NE 
multispecies Category A DAS would also be used. However, after all 30 
NE multispecies Category A DAS are used, the vessel may utilize its 
remaining 10 monkfish DAS to fish on monkfish, without a NE 
multispecies DAS being used, provided that the vessel fishes under the 
regulations pertaining to a Category B vessel and does not retain any 
regulated NE multispecies. A vessel holding a Category C, D, F, G, or H 
limited access monkfish permit may not use a NE multispecies Category B 
DAS in order to satisfy the requirement of this paragraph (b)(2)(i) to 
use a NE multispecies DAS concurrently with a monkfish DAS.
* * * * *
[FR Doc. 06-6444 Filed 7-21-06; 3:36 pm]
BILLING CODE 3510-22-S