[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Rules and Regulations]
[Pages 43188-43192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15135]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0612243158-7219-02 ; I.D. 031307C]
RIN 0648-AU51


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Fisheries; Regulatory Amendment to Reconcile 
State and Federal Commercial Fishing Vessel Permit Programs

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

ACTION: Final rule.

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SUMMARY: NMFS is implementing regulations to modify the permitting and 
vessel replacement provisions for Federal limited access permit 
programs of the Northeastern United States, excluding American lobster. 
This action is intended to prevent fishing effort beyond what is 
accounted for in the fishery management plans (FMPs) for each fishery 
and to reinforce efforts undertaken by state fishery management 
agencies at targeting regulations specifically for vessels that 
participate wholly in state water fisheries. These measures are 
necessary to meet the conservation and management requirements of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

DATES: Effective September 4, 2007, except for 648.4(a)(1)(i)(E) and 
648.14(a)(179), which will be effective January 1, 2008.

ADDRESSES: Copies of this regulatory amendment, its Regulatory Impact 
Review (RIR), the Final Regulatory Flexibility Analysis (FRFA), and the 
Environmental Assessment (EA) are available from Patricia A. Kurkul, 
Regional Administrator, National Marine Fisheries Service, 1 Blackburn 
Drive, Gloucester, MA 01930. A copy of the RIR/FRFA and the small 
entity compliance guide is also accessible via the Internet at http://www.nero.noaa.gov/.

FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Policy Analyst, 
phone: (978) 281-9220, fax: (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    State and Federal FMPs governing fisheries for the same species may 
differ

[[Page 43189]]

in reporting requirements, participation restrictions, and overall 
strategies to control fishing mortality. These programs may be 
successful in achieving their objectives only when a vessel fishes in 
one program, either state or Federal, for an entire permit year, 
because the management measures are typically based on analyses of 
fishing effort, and where that effort is expected to take place. 
Federal regulations are rarely the exclusive authority governing 
federally permitted commercial fishing vessels. Vessels that have both 
Federal and state permits are bound by the more restrictive of the 
regulations in effect. In contrast, vessels without a valid Federal 
permit can be permitted by a state to fish exclusively in state 
territorial waters, and such vessels do not have to comply with Federal 
fishing regulations.
    Current regulations require that a federally permitted fishing 
vessel must abide by Federal fishing regulations, regardless of whether 
the vessel is fishing in state or Federal waters. However, vessels that 
delay getting their Federal permit may be authorized to participate 
exclusively in state water fisheries under state rules and regulations. 
Although splitting fishing effort between state and Federal waters may 
have repercussions across all federally managed fisheries, the impact 
of vessels splitting fishing effort between state and Federal programs 
is thought to be greatest in Federal fisheries utilizing a fishing 
effort control program referred to as a days-at-sea (DAS) program, 
which is common in Federal fisheries management in New England. This 
type of program limits the amount of days that a federally permitted 
commercial fishing vessel can fish each year. Under current Federal 
regulations, a DAS vessel could increase its overall effort by fishing 
in state waters outside of the DAS program prior to renewal of its 
Federal DAS permit. Although it is estimated that less than 10 percent 
of federally permitted vessels currently exploit this inadvertent 
exception to Federal regulations, there is concern that this practice 
could expand, especially should further reductions in DAS be necessary. 
Thus, the purpose of this action is to remove an unintended consequence 
of having a Federal permit renewal system that effectively allows for a 
temporary relinquishment, or suspension, of a Federal limited access 
permit. It was never the intention of the regulations to allow a vessel 
to participate wholly in a state fishing program, in which it would not 
otherwise be allowed to participate under the conditions of the Federal 
limited access permit program for which it was eligible, while the 
vessel's Federal limited access permits were suspended.
    This action applies only to Federal limited access and moratorium 
commercial fishing vessel permit holders. The terms ``limited access'' 
and ``moratorium'' in regards to Federal permit programs are 
synonymous. A limited access permit is a permit that an individual has 
applied for and received based on qualification criteria set forth in 
the FMP. By applying for and receiving a limited access permit, a 
vessel owner has agreed to abide by a fishing program that, in turn, 
grants exclusive fishing privileges. Under current regulations, a 
Federal limited access permit must be renewed on an annual basis. If 
the permit is not issued within 1 year of the last day of the permit 
year for which it was valid, the permit is cancelled and rendered 
ineligible for renewal. Open access permits, which are not affected by 
this action, can be applied for with minimum qualification criteria, 
and received on an annual basis without any deadlines.
    Public comment regarding this action was solicited in the proposed 
rule (72 FR 17085, April 6, 2007). The comment period closed on May 7, 
2007.

Management Measures

    This action remedies the situation described in the preceding 
paragraphs by making it a condition, upon issuance of a limited access 
permit, that the permit holder agrees that the vessel may not fish for 
or land, in or from Federal or state waters, any species of fish 
authorized by the permit, unless and until the permit has been issued 
or renewed in any subsequent permit year, or the permit either has been 
voluntarily relinquished or otherwise forfeited, revoked, or 
transferred from the vessel. This condition of the limited access 
permit is in effect for the entire duration of the permit's renewal 
eligibility period. For example, if an issued permit expired on April 
30, 2006, a vessel owner would have until April 30, 2007, to be 
reissued the permit. Thus, the vessel owner would be subject to the 
permit condition through April 30, 2007. By participating in a Federal 
limited access fishing program, a vessel owner is agreeing to 
participate wholly in that program and be subject to all of its 
accompanying regulations until such time that the vessel owner is no 
longer eligible to renew his/her vessel's limited access permit. This 
measure impacts the Federal limited access commercial fishing vessel 
permits issued by the NMFS Northeast Regional Office that are listed in 
Table 1. Any future limited access permits implemented by the NMFS, 
Northeast Regional Office, unless otherwise explicitly exempted, are 
subject to this rule. The second measure included in this action limits 
the number of vessel replacements allowed during a permit year. This 
measure is also applicable to all future and current limited access 
vessels, which are listed in Table 1. These measures are discussed 
separately below.

   Table 1.--List of Northeast Region Limited Access Permit Categories
                         Affected by Final Rule
------------------------------------------------------------------------
               Fishery                 Limited access  permit categories
------------------------------------------------------------------------
Atlantic Sea Scallop................  2, 3, 4, 5, 6, 7, 8, 9.
NE Multispecies.....................  A, C, D, E, F, HA.
Monkfish............................  A, B, C, D, F, G, H.
Maine Ocean Quahog..................  7.
Summer Flounder.....................  1.
Scup................................  1.
Black Sea Bass......................  1.
Atlantic Herring....................  A, B, C.
Squid, Mackerel, Butterfish.........  1, 5.
Golden Tilefish.....................  A, B, C.
Atlantic Deep-Sea Red Crab..........  B, C.
------------------------------------------------------------------------

Limited Access Permit Fishing Prohibition After Expiration and Prior To 
Renewal

    Under this action, a commercial fishing vessel that was issued, or 
is in possession of, a valid Federal limited access fishing permit at 
the end of the permit year immediately preceding the current permit 
year, is prohibited from landing any fish managed under 50 CFR part 648 
for which the vessel would be authorized under the conditions of the 
limited access permit(s), unless at least one of the following 
conditions is met:
     The vessel owner has renewed the Federal limited access 
permit(s) for the current permit year;
     The vessel owner has voluntarily permanently relinquished 
the vessel's Federal limited access permit(s); or
     The vessel has been replaced by another vessel and the 
permit eligibility has moved to the new vessel or was placed into 
Confirmation of Permit History (CPH).
    In other words, a vessel owner who is eligible to renew his/her 
vessel's Federal limited access permit is prohibited from fishing for 
and/or possessing any fish for which the vessel would be authorized 
under the respective limited access permit, from any waters, unless the 
limited access permit(s) has been renewed or removed from the vessel. 
All vessel reporting

[[Page 43190]]

requirements for the limited access permits the vessel is eligible to 
renew remain in effect unless the limited access permit(s) have been 
relinquished or transferred to another vessel or CPH. This includes 
completed fishing vessel trip reports (VTRs) for the entire period that 
the vessel was issued or eligible to be issued a limited access permit. 
Since these restrictions are a condition of the issuance of a limited 
access permit, this rule does not apply to an individual until after an 
individual has applied for or been issued a limited access permit on or 
after the effective date of this final rule.
    The vessel owner must take an action, as outlined below, regarding 
the limited access permit for which he/she is eligible at the time the 
first permit application is submitted for a subsequent permit year. 
Actions that could be taken are the renewal, relinquishment, or 
transfer of the limited access permit(s). All limited access permits 
for which a vessel is eligible must be renewed at the same time. In 
addition, a vessel that is eligible for a Federal limited access permit 
may be issued a Federal open access fishing permit only at the same 
time, or after, the limited access permits have been either renewed, 
relinquished, or transferred for the given permit year. For example, if 
a vessel owner eligible for a limited access NE multispecies permit 
would like to be issued the limited access NE multispecies permit, an 
open access skate permit, and an open access spiny dogfish permit 
during a given year he/she must apply for all three permits at the same 
time, or renew the limited access NE multispecies permit prior to 
adding the open access skate and dogfish permits. The open access skate 
and dogfish permits could be applied for together or separately after 
the limited access NE multispecies permit was renewed. Failure to renew 
a limited access permit by the end of the permit year will result in 
the loss of eligibility to renew the permit in subsequent permit years.
    Thus, this action commits a limited access vessel to a specific 
fishery program (state or Federal) prior to engaging in any fishing 
activities. This measure eliminates an inadvertent exception to Federal 
regulations that is currently exploited by a minority of vessel owners 
and/or operators and potentially prevents more vessel owners and/or 
operators from taking advantage of this situation in the future.

One-Time Vessel Replacement Per Permit Year

    This action allows only one transfer of limited access permits per 
permit year, unless the vessel being replaced has been rendered 
inoperable and not repairable, due to unforeseen circumstances. The 
intent of this measure is to deter vessel owners from moving limited 
access permits off their primary vessel prior to the start of a permit 
year and then moving them back onto their primary vessel after the 
primary vessel has fished part of the permit year in a state waters 
fishery program. Under this scenario, a vessel owner is prohibited from 
transferring the permits back onto the secondary vessel prior to the 
start of the following permit year. The previous vessel replacement 
measures were implemented in order to give flexibility to vessel owners 
to purchase and replace a vessel in a timely manner. The action 
maintains this flexibility while ensuring that the vessel replacement 
program is not utilized to avoid Federal regulations for a period of 
time.

Comments and Responses

    NMFS did not receive any public comment on the proposed rule during 
the comment period.

Changes From the Proposed Rule

    The regulatory text from the proposed rule has been modified to 
clarify that the vessel reporting requirements, specifically fishing 
vessel trip reports, for vessels eligible to renew a limited access 
permit remain in effect unless the limited access permit(s) have been 
relinquished, transferred to another vessel, or placed into CPH. This 
requirement was explicitly stated in the preamble of the proposed rule 
and repeated again in the preamble of this final rule. This 
clarification revises the regulatory text in paragraph Sec.  
648.7(b)(1)(i).

Classification

    This action is taken under the authority of the Magnuson-Stevens 
Act and regulations at 50 CFR part 648. The Regional Administrator 
determined that management measures contained in this final rule are 
necessary for the conservation and management of fisheries of the 
Northeastern United States and that it is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. A description of the reasons why 
this action is being taken by the Agency and the objectives of this 
final rule are contained in the preambles of the proposed and final 
rules. This action does not duplicate, overlap, or conflict with any 
other Federal rules.

Final Regulatory Flexibility Analysis

    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), prepared this entire FRFA in support of the management measures 
contained in this permitting action. The FRFA incorporates the economic 
impacts summarized in the IRFA and the corresponding RIR that were 
prepared for this action. A summary of the IRFA was published in the 
Classification section of the proposed rule and is not repeated here. 
Copies of the IRFA, FRFA and RIR prepared for this action are available 
from the Northeast Regional Office (see ADDRESSES). A description of 
why this action was taken, the objectives of, and the legal basis for 
this rule, are contained in the preamble to the proposed rule and this 
final rule and are not repeated here.

Summary of Issues Raised by the Public Comments in Response to the IRFA

    No public comments on the proposed rule were received.

Description and Estimate of Number of Small Entities To Which This Rule 
Will Apply

    Approximately 3,700 vessels could be affected by this action. In 
all, these participants generate close to $1 billion annually from the 
sale of fish and shellfish. The Small Business Administration (SBA) 
size standard for small commercial fishing entities is $4.0 million in 
gross receipts and would apply to all limited access permit holders 
affected by this action.
    Data compiled by NMFS from the 2004 fishing year (FY) indicate that 
64 vessels delayed their permit renewal and landed fish during the time 
their Federal permit was invalid. In the same year, eight vessels were 
replaced that reported landings later in the same fishing year. Thus, 
this final rule will potentially impact 72 vessels out of over 3,700 
federally permitted limited access vessels in the NE Region. An average 
of 94 percent of vessel owners here renewed their permits by May 1, the 
start of the permit year for the majority of the fisheries affected, 
over the last few years. With this level of compliance, only about 370 
entities, including the aforementioned vessels that reported landings 
during this time period, will likely be affected by the permit renewal 
portion of this action.
    In addition to vessels delaying their permit renewal, some vessels 
are replaced by another fishing vessel during the permit year. Under 
this circumstance, the former vessel, which now no longer has Federal 
permits associated with it, may then continue to

[[Page 43191]]

fish outside of Federal regulations in state waters. Across all limited 
access fisheries, approximately eight vessels landed fish as a result 
of replacing a vessel and then continuing to fish with the old vessel 
in 2004.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This final rule will not alter the current reporting and 
recordkeeping requirements for commercial fishing vessels in the 
Northeast Region. The permit regulations promulgated under this rule 
modifies the timing and reduces the frequency of permit renewal and 
vessel replacement applications, respectively.

Description of Minimization of Economic Impacts on Small Entities

    As mentioned previously, all entities to which this final rule 
applies are considered small entities by SBA size standards. Data show 
that only a small number of vessels currently exploit the inadvertent 
exception to Federal regulations that this action rectifies. In 
developing this rule, NMFS closely examined previous vessel permit 
renewal and vessel replacement practices to identify a way to achieve 
the goals of this final rule without disrupting the practices of the 
majority of Federal commercial fishing vessel permit holders. The other 
alternative analyzed to achieve the goals of this rule would have 
introduced a deadline for permit renewal applications and a new 
``Reserve Permit'' if that deadline was missed. Thus, this rule 
minimizes economic impacts on small entities to the greatest extent 
practicable.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the action a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide was prepared. 
Copies of the guide will be sent to all holders of commercial Federal 
limited access permits. The guide will also be available on the 
internet at http://www.nero.noaa.gov. Copies of the guide can also be 
obtained from the Regional Administrator (see ADDRESSES).

Reporting and Recordkeeping Requirements

    This action does not contain an additional collection-of-
information requirement subject to review by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act (PRA). NMFS 
Northeast Region commercial fishing vessel permit applications and 
vessel replacement applications are part of the collection of 
information under OMB Control Number 0648-0202. The current expiration 
date for OMB Control Number 0648-0202 is November 30, 2009.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 25, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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


0
2. In Sec.  648.2, a definition for ``Permit year'' is added, in 
alphabetical order, to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Permit year means:
    (1) For the Atlantic sea scallop and Atlantic deep-sea red crab 
fisheries, from March 1 through the last day of February of the 
following year;
    (2) For all other fisheries in this part, from May 1 through April 
30 of the following year.
* * * * *

0
3. In Sec.  648.4, paragraphs (a)(1)(i)(B), (a)(1)(i)(E), (a)(1)(i)(K), 
and (b) are revised to read as follows:


Sec.  648.4  Vessel permits.

* * * * *
    (a) * * *
    (1) * * *
    (i) * * *
    (B) Application/renewal restrictions. All limited access or 
moratorium permits established under this section must be issued on an 
annual basis by the last day of the permit year for which the permit is 
required, unless a confirmation of permit history (CPH) has been issued 
as specified in paragraph (a)(1)(i)(J) of this section. If a vessel is 
issued more than one limited access or moratorium permit under this 
section, these permits will be regarded as a permit suite. Permit 
renewal or relinquishment must be made at the time the first permit 
application is submitted for a new permit year. Application for limited 
access or moratorium permits must be received no later than 30 days 
before the last day of the permit year of the earliest expiration date 
for any permit in the suite of such permits issued to the vessel. 
Failure to renew a limited access or moratorium permit in any permit 
year bars the renewal of the permit in subsequent years. Open access 
permits may not be issued to a vessel eligible to renew a limited 
access or moratorium permit until such time that the vessel's limited 
access or moratorium permit(s) are renewed or voluntarily relinquished 
pursuant to paragraph (a)(1)(i)(K) of this section, or otherwise 
transferred from the vessel.
* * * * *
    (E) Replacement vessels. With the exception of vessels that have 
obtained a limited access Handgear A permit described in Sec.  
648.82(b)(6), an owner of a vessel that has been issued any limited 
access or moratorium permit under this section is limited to one vessel 
replacement per permit year, using the earliest permit year start date 
of the limited access or moratorium permits for which the vessel is 
eligible, unless the vessel has been rendered inoperable and non-
repairable. To be eligible for a limited access or moratorium permit 
under this section, the replacement vessel must meet the following 
criteria and any other applicable criteria under paragraph (a)(1)(i)(F) 
of this section:
* * * * *
    (K) Abandonment or voluntary relinquishment of a limited access or 
moratorium permit. If a vessel's limited access or moratorium permit 
for a particular fishery is voluntarily relinquished to the Regional 
Administrator or abandoned through failure to renew or otherwise, no 
limited access or moratorium permit for that fishery may be reissued or 
renewed based on that vessel's limited access or moratorium permit 
history or to any other vessel relying on that vessel's limited access 
or moratorium permit history.
* * * * *
    (b) Permit conditions. (1)(i) Any person who applies for and is 
issued or renews a fishing permit under this section agrees, as a 
condition of the permit, that the vessel and the vessel's fishing 
activity, catch, and pertinent gear (without regard to whether such 
fishing occurs in the EEZ or landward

[[Page 43192]]

of the EEZ; and without regard to where such fish or gear are 
possessed, taken, or landed); are subject to all requirements of this 
part, unless exempted from such requirements under this part. All such 
fishing activities, catch, and gear will remain subject to all 
applicable state requirements. Except as otherwise provided in this 
part, if a requirement of this part and a management measure required 
by a state or local law differ, any vessel owner permitted to fish in 
the EEZ for any species managed under this part, except tilefish, must 
comply with the more restrictive requirement. Except as otherwise 
provided in this part, if a requirement of this part and a management 
measure required by a state or local law differ, any vessel owner 
permitted to fish in the tilefish management unit for tilefish managed 
under this part must comply with the more restrictive requirement. 
Owners and operators of vessels fishing under the terms of a summer 
flounder moratorium, scup moratorium, or black sea bass moratorium; or 
a spiny dogfish or bluefish commercial vessel permit, must also agree 
not to land summer flounder, scup, black sea bass, spiny dogfish, or 
bluefish, respectively, in any state after NMFS has published a 
notification in the Federal Register stating that the commercial quota 
for that state or period has been harvested and that no commercial 
quota is available for the respective species. A state not receiving an 
allocation of summer flounder, scup, black sea bass, or bluefish, 
either directly or through a coast-wide allocation, is deemed to have 
no commercial quota available. Owners and operators of vessels fishing 
under the terms of the tilefish limited access permit must agree not to 
land tilefish after NMFS has published a notification in the Federal 
Register stating that the quota for the tilefish limited access 
category under which a vessel is fishing has been harvested. Owners or 
operators fishing for surfclams and ocean quahogs within waters under 
the jurisdiction of any state that requires cage tags are not subject 
to any conflicting Federal minimum size or tagging requirements. If a 
surfclam and ocean quahog requirement of this part differs from a 
surfclam and ocean quahog management measure required by a state that 
does not require cage tagging, any vessel owners or operators permitted 
to fish in the EEZ for surfclams and ocean quahogs must comply with the 
more restrictive requirement while fishing in state waters. However, 
surrender of a surfclam and ocean quahog vessel permit by the owner by 
certified mail addressed to the Regional Administrator allows an 
individual to comply with the less restrictive state minimum size 
requirement, as long as fishing is conducted exclusively within state 
waters.
    (ii) Any person who applies for or has been issued a limited access 
or moratorium permit on or after September 4, 2007 agrees, as a 
condition of the permit, that the vessel may not fish for, catch, 
possess, or land, in or from Federal or state waters, any species of 
fish authorized by the permit, unless and until the permit has been 
issued or renewed in any subsequent permit year, or the permit either 
has been voluntarily relinquished pursuant to paragraph (a)(1)(i)(K) of 
this section or otherwise forfeited, revoked, or transferred from the 
vessel.
    (2) A vessel that is issued or renewed a limited access or 
moratorium permit on or after September 4, 2007 for any fishery 
governed under this section is prohibited from fishing for, catching, 
possessing, and/or landing any fish for which the vessel would be 
authorized under the respective limited access or moratorium permit in 
or from state and/or Federal waters in any subsequent permit year, 
unless and until the limited access or moratorium permit has been 
issued or renewed pursuant to paragraph (a)(1)(i)(B) of this section 
and the valid permit is on board the vessel. This prohibition does not 
apply to a vessel for which the limited access or moratorium permit has 
been voluntarily relinquished pursuant to paragraph (a)(1)(i)(K) of 
this section or otherwise forfeited, revoked, or transferred from the 
vessel.
* * * * *

0
4. In Sec.  648.7, paragraph (b)(1)(i) is revised to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

    (b) * * *
    (1) * * *
    (i) The owner or operator of any vessel issued a valid permit or 
eligible to renew a limited access permit under this part must maintain 
on board the vessel, and submit, an accurate fishing log report for 
each fishing trip, regardless of species fished for or taken, on forms 
supplied by or approved by the Regional Administrator. As stated in 
paragraph (f)(2)(i) of this section, if no fishing trip is made during 
a month, a report stating so must be submitted for each month. If 
authorized in writing by the Regional Administrator, a vessel owner or 
operator may submit reports electronically, for example by using a VMS 
or other media. With the exception of those vessel owners or operators 
fishing under a surfclam or ocean quahog permit, at least the following 
information and any other information required by the Regional 
Administrator must be provided: Vessel name; USCG documentation number 
(or state registration number, if undocumented); permit number; date/
time sailed; date/time landed; trip type; number of crew; number of 
anglers (if a charter or party boat); gear fished; quantity and size of 
gear; mesh/ring size; chart area fished; average depth; latitude/
longitude (or loran station and bearings); total hauls per area fished; 
average tow time duration; hail weight, in pounds (or count of 
individual fish, if a party or charter vessel), by species, of all 
species, or parts of species, such as monkfish livers, landed or 
discarded; and, in the case of skate discards, ``small'' (i.e., less 
than 23 inches (58.42 cm), total length) or ``large'' (i.e., 23 inches 
(58.42 cm) or greater, total length) skates; dealer permit number; 
dealer name; date sold, port and state landed; and vessel operator's 
name, signature, and operator's permit number (if applicable).
* * * * *

0
5. In Sec.  648.14, paragraph (a)(31)(ii) is revised, and paragraphs 
(a)(178) and (a)(179) are added to read as follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (31) * * *
    (ii) The NE multispecies were harvested by a vessel not issued a NE 
multispecies permit, nor eligible to renew or be reissued a limited 
access NE multispecies permit as specified in Sec.  648.4 (b)(2), that 
fishes for NE multispecies exclusively in state waters;
* * * * *
    (178) If eligible for re-issuance or renewal of a limited access or 
moratorium permit:
    (i) Fish for, take, catch, harvest or land any species of fish 
regulated by this part for which the vessel is eligible to possess 
under a limited access or moratorium permit until the vessel has been 
reissued the applicable limited access or moratorium permit by NMFS.
    (ii) [Reserved]
    (179) Attempt to replace a limited access or moratorium fishing 
vessel, as specified at Sec.  648.4(a)(1)(i)(E), more than one time 
during a permit year, unless the vessel has been rendered inoperable 
and non-repairable.
* * * * *
 [FR Doc. E7-15135 Filed 8-2-07; 8:45 am]
BILLING CODE 3510-22-P