[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Proposed Rules]
[Pages 46588-46598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16238]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070627217-7218-01]
RIN 0648-AV70


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Region Standardized Bycatch Reporting Methodology Omnibus Amendment

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 the Standardized 
Bycatch Reporting Methodology (SBRM) Omnibus Amendment (SBRM Amendment) 
to the Fishery Management Plans (FMPs) of the Northeast Region, 
developed by the Mid-Atlantic and New England Fishery Management 
Councils (Councils). The SBRM Amendment would establish an SBRM for all 
13 Northeast Region FMPs, as required under the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). The 
proposed measures include: Bycatch reporting and monitoring mechanisms; 
analytical techniques and allocation of at-sea fisheries observers; an 
SBRM performance standard; a review and reporting process; framework 
adjustment and annual specifications provisions; a prioritization 
process; and provisions for industry-funded observers and observer set-
aside programs.

DATES: Comments must be received on or before September 20, 2007.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. Include in the subject 
line the following identifier: ``Comments on the Proposed Rule to 
implement the SBRM Omnibus Amendment.''
     Federal e-rulemaking portal: http://www.regulations.gov.
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Mark the outside of the envelope: ``Comments on the Proposed Rule to 
implement the SBRM Omnibus Amendment.''

[[Page 46589]]

     Fax: (978) 281-9135
    Copies of the SBRM Amendment, and of the draft Environmental 
Assessment and preliminary Regulatory Impact Review (EA/RIR), are 
available from Daniel T. Furlong, Executive Director, Mid-Atlantic 
Fishery Management Council, Room 2115, Federal Building, 300 South New 
Street, Dover, DE 19901-6790; and from Paul J. Howard, Executive 
Director, New England Fishery Management Council, 50 Water Street, 
Newburyport, MA 01950. The EA/RIR is also accessible via the Internet 
at http://www.nero.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Michael Pentony, Senior Fishery Policy 
Analyst, 978-281-9283.

SUPPLEMENTARY INFORMATION:

Background

    Section 303(a)(11) of the Magnuson-Stevens Act requires that all 
FMPs ``establish a standardized reporting methodology to assess the 
amount and type of bycatch occurring in the fishery.'' In 2004, several 
conservation organizations challenged the approval of two major 
amendments to Northeast Region FMPs. In ruling on these suits, the U.S. 
District Court for the District of Columbia found that the FMPs did not 
clearly establish an SBRM as required under the relevant section of the 
Magnuson-Stevens Act and remanded the amendments back to the agency to 
fully develop and establish the required SBRM. In particular, the Court 
found that the amendments (1) failed to fully evaluate reporting 
methodologies to assess bycatch, (2) did not mandate an SBRM, and (3) 
failed to respond to potentially important scientific evidence.
    In response, the Councils, working closely with NMFS, undertook 
development of a remedy that would address all Northeast Region FMPs. 
In January 2006, development began on the Northeast Region Omnibus SBRM 
Amendment. This amendment covers 13 FMPs, 39 managed species, and 14 
types of fishing gear. The purpose of the amendment is to: Explain the 
methods and processes by which bycatch is currently monitored and 
assessed for Northeast Region fisheries; determine whether these 
methods and processes need to be modified and/or supplemented; 
establish standards of precision for bycatch estimation for all 
Northeast Region fisheries; and, thereby, document the SBRM established 
for all fisheries managed through the FMPs of the Northeast Region. The 
amendment also responds to the ``potentially important scientific 
evidence'' cited by the Court in the two decisions referenced above.
    The Northeast Region SBRM Amendment would establish an SBRM 
comprised of seven elements: (1) The methods by which data and 
information on discards are collected and obtained; (2) the methods by 
which the data obtained through the mechanisms identified in element 1 
are analyzed and utilized to determine the appropriate allocation of 
at-sea observers; (3) a performance measure by which the effectiveness 
of the Northeast Region SBRM can be measured, tracked, and utilized to 
effectively allocate the appropriate number of observer sea days; (4) a 
process to provide the Councils with periodic reports on discards 
occurring in Northeast Region fisheries and on the effectiveness of the 
SBRM; (5) a measure to enable the Councils to make changes to the SBRM 
through framework adjustments and/or annual specification packages 
rather than full FMP amendments; (6) a process to provide the Councils 
and the public with an opportunity to consider, and provide input into, 
the decisions regarding prioritization of at-sea observer coverage 
allocations; and (7) to implement consistent, cross-cutting observer 
service provider approval and certification procedures and to enable 
the Councils to implement either a requirement for industry-funded 
observers or an observer set-aside program through a framework 
adjustment rather than an FMP amendment.

Bycatch Reporting and Monitoring Mechanisms

    This element addresses the methods by which data and information on 
discards occurring in Northeast Region fisheries would be collected and 
obtained. The amendment proposes to maintain the status quo. The 
Northeast Region SBRM would employ sampling designs developed to 
minimize bias to the maximum extent practicable. The Northeast 
Fisheries Observer Program (NEFOP) would serve as the primary mechanism 
to obtain data on discards in all Northeast Region commercial fisheries 
managed under one or more of the subject FMPs. All subject FMPs would 
continue to require vessels permitted to participate in said fisheries 
to carry an at-sea observer upon request, and all data obtained by the 
NEFOP under this SBRM would be collected according to the techniques 
and protocols established and detailed in the Fisheries Observer 
Program Manual and the Biological Sampling Manual. Data collected by 
the NEFOP would include, but not be limited to, the following items: 
Vessel name; date/time sailed; date/time landed; steam time; crew size; 
home port; port landed; dealer name; fishing vessel trip report (FVTR) 
serial number; gear type(s) used; number/amount of gear; number of 
hauls; weather; location of each haul (beginning and ending latitude 
and longitude); species caught; disposition (kept/discarded); reason 
for discards; and weight of catch. These data would be collected on all 
species of biological organisms caught by the fishing vessel and 
brought on board, including species managed under the subject FMPs, but 
also including species of non-managed fish, invertebrates, and marine 
plants. To obtain information on discards occurring in recreational 
fisheries subject to a Northeast Region FMP, the Northeast Region SBRM 
would fully incorporate, to the extent practicable and appropriate for 
the Region, all surveys and data collection mechanisms implemented by 
NMFS and affected states as a result of the agency-wide redesign of the 
Marine Recreational Fisheries Statistics Survey (MRFSS) Program.

Analytical Techniques and Allocation of At-sea Fisheries Observers

    This element addresses the methods by which the data obtained 
through the mechanisms included above would be analyzed and utilized to 
determine the appropriate allocation of at-sea observers across the 
subject fishing modes. The amendment proposes to substantially expand 
and refine the status quo methods to fully incorporate all managed 
species and all relevant fishing gear types in the Northeast Region. 
At-sea fisheries observers would, to the maximum extent possible and 
subject to available resources, be allocated and assigned to fishing 
vessels according to the procedures established through the amendment. 
All appropriate filters identified in the amendment would be applied to 
the results of the analysis to determine the observer coverage levels 
needed to achieve the objectives of the SBRM.

SBRM Performance Standard

    The amendment proposes to ensure that the data collected under the 
Northeast Region SBRM are sufficient to produce a coefficient of 
variation (CV) of the discard estimate of no more than 30 percent, in 
order to ensure that the effectiveness of the Northeast Region SBRM can 
be measured, tracked, and utilized to effectively allocate the 
appropriate number of observer sea days. Each year, the Regional 
Administrator and the Science and Research Director would, subject to 
any

[[Page 46590]]

external operational constraints, allocate at-sea observer coverage to 
the applicable fisheries of the Northeast Region sufficient to achieve 
a level of precision (measured as the CV) no greater than 30 percent 
for each applicable species and/or species group, subject to the use of 
the filters noted above.

SBRM Review and Reporting Process

    The amendment proposes to require an annual report on discards 
occurring in Northeast Region fisheries to be prepared by NMFS and 
provided to the Councils, and also to require a report every 3 years 
that evaluates the effectiveness of the Northeast Region SBRM. Every 3 
years, the Regional Administrator and the Science and Research Director 
would appoint appropriate staff to work with staff appointed by the 
Executive Directors of the Councils to obtain and review available data 
on discards and to prepare a report assessing the effectiveness of the 
Northeast Region SBRM. This report would include, at a minimum: (1) A 
review of the recent levels of observer coverage in each applicable 
fishery; (2) a review of recent observed encounters with each species 
in each fishery, and a summary of observed discards by weight; a review 
of the CV of the discard information collected for each fishery; (4) an 
estimate of the total discards associated with each fishery; (5) an 
evaluation of the effectiveness of the SBRM at meeting the performance 
standard for each fishery; (6) a description of the methods used to 
calculate the reported CVs and to determine observer coverage levels, 
if those methods are different from those described and evaluated in 
the SBRM Amendment; (7) an updated assessment of potential sources of 
bias in the sampling program and analyses of accuracy; and (8) an 
evaluation of the implications for management of the discard 
information collected under the SBRM, for any cases in which the 
evaluation performed for item 5 indicates that the performance standard 
is not met. Once each year, the Science and Research Director would 
present to the Councils a report on catch and discards occurring in 
Northeast Region fisheries, as reported to the NEFOP by at-sea 
fisheries observers. This annual discard report would include: (1) The 
number of observer sea days scheduled for each fishery, by area and 
gear type, in each quarter; (2) the percent of total trips observed, by 
gear type, in each quarter; (3) the distribution of sea sampling trips 
by gear type and statistical area in each fishery; (4) the observed 
catch and discards of each species, by gear type and fishery, in each 
quarter; and (5) the observed catch and discards of each species, by 
gear type and fishery, in each statistical area.

Framework Adjustment and/or Annual Specification Provisions

    The amendment proposes a measure to enable the Councils to make 
changes to certain elements of the SBRM through framework adjustments 
and/or annual specification packages rather than full FMP amendments. 
All subject FMPs would provide for an efficient process to modify 
aspects of the Northeast Region SBRM, as relates to each specific FMP, 
should the need arise and the appropriate Council determine that a 
change to the SBRM is warranted and needed to address a contemporary 
management or scientific issue. Depending on the provisions of each 
FMP, changes to the SBRM may be effected either through a framework 
adjustment to the FMP or through annual or periodic specifications. 
Such changes to the SBRM may include modifications to the CV-based 
performance standard, the means by which discard data are collected/
obtained in the fishery, reporting on discards or the SBRM, or the 
stratification (modes) used as the basis for SBRM-related analyses. 
Such changes may also include the establishment of a requirement for 
industry-funded observers and/or observer set-aside provisions.

Prioritization Process

    The amendment proposes a process to provide the Councils and the 
public with an opportunity to consider, and provide input into, the 
decisions regarding prioritization of at-sea observer coverage 
allocations, if the expected resources necessary may not be available. 
In any year in which external operational constraints would prevent 
NMFS from fully implementing the required at-sea observer coverage 
levels, the Regional Administrator and Science and Research Director 
would consult with the Councils to determine the most appropriate 
prioritization for how the available resources should be allocated. In 
order to facilitate this consultation, in these years, the Regional 
Administrator and the Science and Research Director would provide the 
Councils, at the earliest practicable opportunity: (1) The at-sea 
observer coverage levels required to attain the SBRM performance 
standard in each applicable fishery; (2) the coverage levels that would 
be available if the resource shortfall were allocated proportionately 
across all applicable fisheries; (3) the coverage levels that 
incorporate the recommended prioritization; and (4) the rationale for 
the recommended prioritization. The recommended prioritization should 
be based on: Meeting the data needs of upcoming stock assessments; 
legal mandates of the agency under other applicable laws, such as the 
Marine Mammal Protection Act (MMPA) and the Endangered Species Act 
(ESA); meeting the data needs of upcoming fishery management actions, 
taking into account the status of each fishery resource; improving the 
quality of discard data across all fishing modes; and/or any other 
criteria identified by NMFS and/or the Councils. The Councils may 
choose to accept the proposed observer coverage allocation or to 
recommend revisions or additional considerations for the prioritized 
observer allocations ultimately adopted and implemented by the Regional 
Administrator and the Science and Research Director.

Industry-funded Observers and Observer Set-aside Program Provisions

    The amendment proposes to implement consistent, cross-cutting 
observer service provider approval and certification procedures and to 
enable the Councils to implement either a requirement for industry-
funded observers and/or an observer set-aside program through a 
framework adjustment, rather than an FMP amendment.

Classification

    At this time, NMFS has not determined that the FMP amendment that 
this proposed rule would implement is consistent with the national 
standards of the Magnuson-Stevens Act and other applicable laws. NMFS, 
in making that determination, will take into account the data, views, 
and comments received during the comment period.
    A notice of availability of the Draft EA/RIR, which analyzed the 
impacts of all the measures under consideration in the SBRM Amendment, 
was published at 72 FR 41047, July 26, 2007.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small 
entities.The proposed rule would modify the regulations at 50 CFR part 
648 to require additional information be prepared by NMFS and provided 
to the

[[Page 46591]]

Mid-Atlantic and New England Fishery Management Councils, and authorize 
said Councils to modify certain elements of the Northeast Region SBRM 
through the use of framework adjustments and/or annual specifications 
rather than full FMP amendments. The Northeast Region Omnibus SBRM 
Amendment establishes a more comprehensive methodology that NMFS must 
follow in determining the appropriate allocations of at-sea fisheries 
observers and in collecting and analyzing bycatch information in the 
subject fisheries. As such, this proposed rule only addresses a limited 
number of administrative aspects of the proposed SBRM. These 
administrative changes are intended to ensure high quality data are 
available for use in stock assessments and in management decisions, 
consistent with section 303(a)(11) and National Standards 1 and 2 of 
the Magnuson-Stevens Act. Therefore, this proposed rule would not 
impose significant new direct or indirect economic impacts on small 
entities, as all affected entities are already subject to the observer 
requirements stipulated at Sec.  648.11. As a result, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 13, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out 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.  648.11, paragraphs (h) and (i) are revised to read as 
follows:


Sec.  648.11  At-sea sea sampler/observer coverage.

* * * * *
    (h) Observer service provider approval and responsibilities--(1) 
General. An entity seeking to provide observer services must apply for 
and obtain approval from NMFS following submission of a complete 
application to The Observer Program Branch Chief, 25 Bernard St Jean 
Drive, East Falmouth, MA 02536. A list of approved observer service 
providers shall be distributed to vessel owners and shall be posted on 
the NMFS/NEFOP website at http://www.nefsc.noaa.gov/femad/fsb/.
    (2) Existing observer service providers. Observer service providers 
that currently deploy certified observers in the Northeast must submit 
an application containing the information specified in paragraph (h)(3) 
of this section, excluding any information specified in paragraph 
(h)(3) of this section that has already been submitted to NMFS.
    (3) Contents of application. An application to become an approved 
observer service provider shall contain the following:
    (i) Identification of the management, organizational structure, and 
ownership structure of the applicant's business, including 
identification by name and general function of all controlling 
management interests in the company, including but not limited to 
owners, board members, officers, authorized agents, and staff. If the 
applicant is a corporation, the articles of incorporation must be 
provided. If the applicant is a partnership, the partnership agreement 
must be provided.
    (ii) The permanent mailing address, phone and fax numbers where the 
owner(s) can be contacted for official correspondence, and the current 
physical location, business mailing address, business telephone and fax 
numbers, and business e-mail address for each office.
    (iii) A statement, signed under penalty of perjury, from each owner 
or owners, board members, and officers, if a corporation, that they are 
free from a conflict of interest as described under paragraph (h)(6) of 
this section.
    (iv) A statement, signed under penalty of perjury, from each owner 
or owners, board members, and officers, if a corporation, describing 
any criminal convictions, Federal contracts they have had, and the 
performance rating they received on the contract, and previous 
decertification action while working as an observer or observer service 
provider.
    (v) A description of any prior experience the applicant may have in 
placing individuals in remote field and/or marine work environments. 
This includes, but is not limited to, recruiting, hiring, deployment, 
and personnel administration.
    (vi) A description of the applicant's ability to carry out the 
responsibilities and duties of a fishery observer services provider as 
set out under paragraph (h)(2) of this section, and the arrangements to 
be used.
    (vii) Evidence of holding adequate insurance to cover injury, 
liability, and accidental death for observers during their period of 
employment (including during training). Workers' Compensation and 
Maritime Employer's Liability insurance must be provided to cover the 
observer, vessel owner, and observer provider. The minimum coverage 
required is $5 million. Observer service providers shall provide copies 
of the insurance policies to observers to display to the vessel owner, 
operator, or vessel manager, when requested.
    (viii) Proof that its observers, either contracted or employed by 
the service provider, are compensated with salaries that meet or exceed 
the U.S. Department of Labor (DOL) guidelines for observers. Observers 
shall be compensated as a Fair Labor Standards Act (FLSA) non-exempt 
employees. Observer providers shall provide any other benefits and 
personnel services in accordance with the terms of each observer's 
contract or employment status.
    (ix) The names of its fully equipped, NMFS/NEFOP certified 
observers on staff or a list of its training candidates (with resumes) 
and a request for an appropriate NMFS/NEFOP Observer Training class. 
The NEFOP training has a minimum class size of eight individuals, which 
may be split among multiple vendors requesting training. Requests for 
training classes with less than eight individuals will be delayed until 
further requests make up the full training class size. Requests for 
training classes must be made 30 days in advance of the requested date 
and must have a complete roster of trainees at that time.
    (x) An Emergency Action Plan (EAP) describing its response to an 
``at sea'' emergency with an observer, including, but not limited to, 
personal injury, death, harassment, or intimidation.
    (4) Application evaluation. (i) NMFS shall review and evaluate each 
application submitted under paragraphs (h)(2) and (h)(3) of this 
section. Issuance of approval as an observer provider shall be based on 
completeness of the application, and a determination of the applicant's 
ability to perform the duties and responsibilities of a fishery 
observer service provider, as demonstrated in the application 
information. A decision to approve or deny an application shall be made 
by NMFS within 15 business days of receipt of the application by NMFS.
    (ii) If NMFS approves the application, the observer service 
provider's name will be added to the list of approved observer service 
providers found on the NMFS/NEFOP website specified in paragraph (h)(1) 
of this section, and in any outreach information to the industry. 
Approved observer service providers shall be notified in writing and 
provided with any information

[[Page 46592]]

pertinent to its participation in the fishery observer program.
    (iii) An application shall be denied if NMFS determines that the 
information provided in the application is not complete or the 
evaluation criteria are not met. NMFS shall notify the applicant in 
writing of any deficiencies in the application or information submitted 
in support of the application. An applicant who receives a denial of 
his or her application may present additional information to rectify 
the deficiencies specified in the written denial, provided such 
information is submitted to NMFS within 30 days of the applicant's 
receipt of the denial notification from NMFS. In the absence of 
additional information, and after 30 days from an applicant's receipt 
of a denial, an observer provider is required to resubmit an 
application containing all of the information required under the 
application process specified in paragraph (h)(3) of this section to be 
re-considered for being added to the list of approved observer service 
providers.
    (5) Responsibilities of observer service providers. (i) An observer 
service provider must provide observers certified by NMFS/NEFOP 
pursuant to paragraph (i) of this section for deployment in a fishery 
when contacted and contracted by the owner, operator, or vessel manager 
of a vessel fishing, unless the observer service provider refuses to 
deploy an observer on a requesting vessel for any of the reasons 
specified at paragraph (h)(5)(viii) of this section. An approved 
observer service provider must maintain a minimum of eight 
appropriately trained NEFOP certified observers in order to remain 
approved; should a service provider cadre drop below eight, the 
provider must submit the appropriate number of candidates for the next 
available training class. Failure to do so shall be cause for 
suspension of their approved status until rectified.
    (ii) An observer service provider must provide to each of its 
observers:
    (A) All necessary transportation, including arrangements and 
logistics, of observers to the initial location of deployment, to all 
subsequent vessel assignments, and to any debriefing locations, if 
necessary;
    (B) Lodging, per diem, and any other services necessary for 
observers assigned to a fishing vessel or to attend an appropriate 
NMFS/NEFOP Observer Training class;
    (C) The required observer equipment, in accordance with equipment 
requirements listed on the NMFS/NEFOP website specified in paragraph 
(h)(1) of this section, prior to any deployment and/or prior to NMFS 
observer certification training; and
    (D) Individually assigned communication equipment, in working 
order, such as a cell phone or pager, for all necessary communication. 
An observer service provider may alternatively compensate observers for 
the use of the observer's personal cell phone or pager for 
communications made in support of, or necessary for, the observer's 
duties.
    (iii) Observer deployment logistics. Each approved observer service 
provider must assign an available certified observer to a vessel upon 
request. Each approved observer service provider must provide for 
access by industry 24 hours per day, 7 days per week, to enable an 
owner, operator, or manager of a vessel to secure observer coverage 
when requested. The telephone system must be monitored a minimum of 
four times daily to ensure rapid response to industry requests. 
Observer service providers approved under paragraph (h) of this section 
are required to report observer deployments to NMFS daily for the 
purpose of determining whether the predetermined coverage levels are 
being achieved in the appropriate fishery.
    (iv) Observer deployment limitations. Unless alternative 
arrangements are approved by NMFS, an observer provider must not deploy 
any observer on the same vessel for two or more consecutive 
deployments, and not more than twice in any given month. A certified 
observer's first deployment and the resulting data shall be immediately 
edited, and approved, by NMFS prior to any further deployments of that 
observer.
    (v) Communications with observers. An observer service provider 
must have an employee responsible for observer activities on call 24 
hours a day to handle emergencies involving observers or problems 
concerning observer logistics, whenever observers are at sea, stationed 
shoreside, in transit, or in port awaiting vessel assignment.
    (vi) Observer training requirements. The following information must 
be submitted to NMFS to request a certified observer training class at 
least 30 days prior to the beginning of the proposed training class: 
Date of requested training; a list of observer candidates, with a 
minimum of eight individuals; observer candidate resumes; and a 
statement signed by the candidate, under penalty of perjury, that 
discloses the candidate's criminal convictions, if any. All observer 
trainees must complete a basic cardiopulmonary resuscitation/first aid 
course prior to the beginning of a NMFS/NEFOP Observer Training class. 
NMFS may reject a candidate for training if the candidate does not meet 
the minimum qualification requirements as outlined by NMFS National 
Minimum Eligibility Standards for observers as described in paragraph 
(i)(1) of this section.
    (vii) Reports--(A) Observer deployment reports. The observer 
service provider must report to NMFS when, where, to whom, and to what 
fishery an observer has been deployed, within 24 hours of their 
departure. The observer service provider must ensure that the observer 
reports back to NMFS its Observer Contract (OBSCON) data, as described 
in the certified observer training, within 12 hours of landing. OBSCON 
data are to be submitted electronically or by other means as specified 
by NMFS. The observer service provider shall provide the raw (unedited) 
data collected by the observer to NMFS within 72 hours of the trip 
landing.
    (B) Safety refusals. The observer service provider must report to 
NMFS any trip that has been refused due to safety issues, e.g., failure 
to hold a valid USCG Commercial Fishing Vessel Safety Examination Decal 
or to meet the safety requirements of the observer's pre-trip vessel 
safety checklist, within 24 hours of the refusal.
    (C) Biological samples. The observer service provider must ensure 
that biological samples, including whole marine mammals, sea turtles, 
and sea birds, are stored/handled properly and transported to NMFS 
within 7 days of landing.
    (D) Observer debriefing. The observer service provider must ensure 
that the observer remains available to NMFS, including NMFS Office for 
Law Enforcement, for debriefing for at least 2 weeks following any 
observed trip. If requested by NMFS, an observer that is at sea during 
the 2-week period must contact NMFS upon his or her return.
    (E) Observer availability report. The observer service provider 
must report to NMFS any occurrence of inability to respond to an 
industry request for observer coverage due to the lack of available 
observers on staff by 5 pm, Eastern Standard Time, of any day on which 
the provider is unable to respond to an industry request for observer 
coverage.
    (F) Other reports. The observer provider must report possible 
observer harassment, discrimination, concerns about vessel safety or 
marine casualty, observer illness or injury, and any information, 
allegations, or reports regarding observer conflict of interest or 
breach of the standards of behavior must be submitted to NMFS within 24 
hours

[[Page 46593]]

of the event or within 24 hours of learning of the event.
    (viii) Refusal to deploy an observer. (A) An observer service 
provider may refuse to deploy an observer on a requesting fishing 
vessel if the observer service provider does not have an available 
observer within 72 hours of receiving a request for an observer from a 
vessel.
    (B) An observer service provider may refuse to deploy an observer 
on a requesting fishing vessel if the observer service provider has 
determined that the requesting vessel is inadequate or unsafe pursuant 
to the reasons described at Sec.  600.746.
    (C) The observer service provider may refuse to deploy an observer 
on a fishing vessel that is otherwise eligible to carry an observer for 
any other reason, including failure to pay for previous observer 
deployments, provided the observer service provider has received prior 
written confirmation from NMFS authorizing such refusal.
    (6) Limitations on conflict of interest. An observer service 
provider:
    (i) Must not have a direct or indirect interest in a fishery 
managed under Federal regulations, including, but not limited to, a 
fishing vessel, fish dealer, fishery advocacy group, and/or fishery 
research;
    (ii) Must assign observers without regard to any preference by 
representatives of vessels other than when an observer will be 
deployed; and
    (iii) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who conducts fishing or fishing related activities 
that are regulated by NMFS, or who has interests that may be 
substantially affected by the performance or nonperformance of the 
official duties of observer providers.
    (7) Removal of observer service provider from the list of approved 
observer service providers. An observer provider that fails to meet the 
requirements, conditions, and responsibilities specified in paragraphs 
(h)(5) and (h)(6) of this section shall be notified by NMFS, in 
writing, that it is subject to removal from the list of approved 
observer service providers. Such notification shall specify the reasons 
for the pending removal. An observer service provider that has received 
notification that it is subject to removal from the list of approved 
observer service providers may submit information to rebut the reasons 
for removal from the list. Such rebuttal must be submitted within 30 
days of notification received by the observer service provider that the 
observer service provider is subject to removal and must be accompanied 
by written evidence that clearly disproves the reasons for removal. 
NMFS shall review information rebutting the pending removal and shall 
notify the observer service provider within 15 days of receipt of the 
rebuttal whether or not the removal is warranted. If no response to a 
pending removal is received by NMFS, the observer service provider 
shall be automatically removed from the list of approved observer 
service providers. The decision to remove the observer service provider 
from the list, either after reviewing a rebuttal, or if no rebuttal is 
submitted, shall be the final decision of NMFS and the Department of 
Commerce. Removal from the list of approved observer service providers 
does not necessarily prevent such observer service provider from 
obtaining an approval in the future if a new application is submitted 
that demonstrates that the reasons for removal are remedied. Certified 
observers under contract with an observer service provider that has 
been removed from the list of approved service providers must complete 
their assigned duties for any fishing trips on which the observers are 
deployed at the time the observer service provider is removed from the 
list of approved observer service providers. An observer service 
provider removed from the list of approved observer service providers 
is responsible for providing NMFS with the information required in 
paragraph (h)(5)(vii) of this section following completion of the trip. 
NMFS may consider, but is not limited to, the following in determining 
if an observer service provider may remain on the list of approved 
observer service providers:
    (i) Failure to meet the requirements, conditions, and 
responsibilities of observer service providers specified in paragraphs 
(h)(5) and (h)(6) of this section;
    (ii) Evidence of conflict of interest as defined under paragraph 
(h)(3) of this section;
    (iii) Evidence of criminal convictions related to:
    (A) Embezzlement, theft, forgery, bribery, falsification or 
destruction of records, making false statements, or receiving stolen 
property; or
    (B) The commission of any other crimes of dishonesty, as defined by 
state law or Federal law that would seriously and directly affect the 
fitness of an applicant in providing observer services under this 
section;
    (iv) Unsatisfactory performance ratings on any Federal contracts 
held by the applicant; and
    (v) Evidence of any history of decertification as either an 
observer or observer provider.
    (i) Observer certification. (1) To be certified, employees or sub-
contractors operating as observers for observer service providers 
approved under paragraph (h) of this section must meet NMFS National 
Minimum Eligibility Standards for observers. NMFS National Minimum 
Eligibility Standards are available at the National Observer Program 
website: http://www.st.nmfs.gov/st4/nop/.
    (2) Observer training. In order to be deployed on any fishing 
vessel, a candidate observer must have passed an appropriate NMFS/NEFOP 
Observer Training course. If a candidate fails training, the candidate 
shall be notified in writing on or before the last day of training. The 
notification will indicate the reasons the candidate failed the 
training. Observer training shall include an observer training trip, as 
part of the observer's training, aboard a fishing vessel with a 
trainer. A certified observer's first deployment and the resulting data 
shall be immediately edited, and approved, by NMFS prior to any further 
deployments of that observer.
    (3) Observer requirements. All observers must:
    (i) Have a valid NMFS/NEFOP fisheries observer certification 
pursuant to paragraph (i)(1) of this section;
    (ii) Be physically and mentally capable of carrying out the 
responsibilities of an observer on board fishing vessels, pursuant to 
standards established by NMFS. Such standards are available from NMFS/
NEFOP website specified in paragraph (h)(1) of this section and shall 
be provided to each approved observer service provider;
    (iii) Have successfully completed all NMFS-required training and 
briefings for observers before deployment, pursuant to paragraph (i)(2) 
of this section; and
    (iv) Hold a current Red Cross (or equivalence) CPR/first aid 
certification.
    (4) Probation and decertification. NMFS has the authority to review 
observer certifications and issue observer certification probation and/
or decertification as described in NMFS policy found on the NMFS/NEFOP 
website specified in paragraph (h)(1) of this section.
    (5) Issuance of decertification. Upon determination that 
decertification is warranted under paragraph (i)(3) of this section, 
NMFS shall issue a written decision to decertify the observer to the 
observer and approved observer service providers via certified mail at 
the

[[Page 46594]]

observer's most current address provided to NMFS. The decision shall 
identify whether a certification is revoked and shall identify the 
specific reasons for the action taken. Decertification is effective 
immediately as of the date of issuance, unless the decertification 
official notes a compelling reason for maintaining certification for a 
specified period and under specified conditions. Decertification is the 
final decision of NMFS and the Department of Commerce and may not be 
appealed.
    3. Add Sec.  648.18 to subpart A to read as follows:


Sec.  648.18  Standardized bycatch reporting methodology.

    NMFS shall comply with the Standardized Bycatch Reporting 
Methodology (SBRM) provisions established in the following fishery 
management plans: Atlantic Bluefish; Atlantic Herring; Atlantic Salmon; 
Deep-Sea Red Crab; Mackerel, Squid, and Butterfish; Monkfish; Northeast 
Multispecies; Northeast Skate Complex; Sea Scallop; Spiny Dogfish; 
Summer Flounder, Scup, and Black Sea Bass; Surfclam and Ocean Quahog; 
and Tilefish.
    4. In Sec.  648.21, paragraph (c)(13) is added to read as follows:


Sec.  648.21  Procedures for determining initial annual amounts.

    (c) * * *
    (13) Changes, as appropriate, to the Northeast Region SBRM, 
including the coefficient of variation (CV) based performance standard, 
fishery stratification, and/or reports.
* * * * *
    5. In Sec.  648.24, paragraph (a)(1) is revised to read as follows:


Sec.  648.24  Framework adjustments to management measures.

    (a) * * *
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of 
the availability of the recommendation(s), appropriate justification(s) 
and economic and biological analyses, and the opportunity to comment on 
the proposed adjustment(s) at the first meeting and prior to and at the 
second Council meeting. The Council's recommendations on adjustments or 
additions to management measures must come from one or more of the 
following categories: Minimum fish size, maximum fish size, gear 
restrictions, gear requirements or prohibitions, permitting 
restrictions, recreational possession limit, recreational seasons, 
closed areas, commercial seasons, commercial trip limits, commercial 
quota system including commercial quota allocation procedure and 
possible quota set asides to mitigate bycatch, recreational harvest 
limit, annual specification quota setting process, FMP Monitoring 
Committee composition and process, description and identification of 
EFH (and fishing gear management measures that impact EFH), description 
and identification of habitat areas of particular concern, overfishing 
definition and related thresholds and targets, regional gear 
restrictions, regional season restrictions (including option to split 
seasons), restrictions on vessel size (LOA and GRT) or shaft 
horsepower, changes to the Northeast Region SBRM (including the CV-
based performance standard, the means by which discard data are 
collected/obtained, fishery stratification, reports, and/or industry-
funded observers or observer set-aside programs), any other management 
measures currently included in the FMP, set aside quota for scientific 
research, regional management, and process for inseason adjustment to 
the annual specification.
* * * * *
    6. In Sec.  648.55, paragraph (e)(32) is revised and paragraph 
(e)(33) is added to read as follows:


Sec.  648.55  Framework adjustments to management measures.

* * * * *
    (e) * * *
    (32) Changes to the Northeast Region SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, reports, and/or industry-funded 
observers or observer set-aside programs.
    (33) Any other management measures currently included in the FMP.
* * * * *
    7. In Sec.  648.77, paragraph (a)(1) is revised to read as follows:


Sec.  648.77  Framework adjustments to management measures.

    (a) * * *
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of 
the availability of the recommendation(s), appropriate justification(s) 
and economic and biological analyses, and the opportunity to comment on 
the proposed adjustment(s) at the first meeting, and prior to and at 
the second Council meeting. The Council's recommendations on 
adjustments or additions to management measures must come from one or 
more of the following categories: The overfishing definition (both the 
threshold and target levels), description and identification of EFH 
(and fishing gear management measures that impact EFH), habitat areas 
of particular concern, set-aside quota for scientific research, VMS, OY 
range, suspension or adjustment of the surfclam minimum size limit, and 
changes to the Northeast Region SBRM (including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, reports, and/or industry-funded 
observers or observer set-aside programs).
* * * * *
    8. In Sec.  648.90, paragraphs (a)(2)(i), (a)(2)(iii), (b)(1)(ii), 
and (c)(1)(i) are revised to read as follows:


Sec.  648.90  NE Multispecies assessment, framework procedures and 
specifications, and flexible area action system.

* * * * *
    (a) * * *
    (2) Biennial review. (i) Beginning in 2005, the NE Multispecies PDT 
shall meet on or before September 30 every other year, unless otherwise 
specified in paragraph (a)(3) of this section, under the conditions 
specified in that paragraph, to perform a review of the fishery, using 
the most current scientific information available provided primarily 
from the NEFSC. Data provided by states, ASMFC, the USCG, and other 
sources may also be considered by the PDT. Based on this review, the 
PDT will develop target TACs for the upcoming fishing year(s) and 
develop options for Council consideration, if necessary, on any 
changes, adjustments, or additions to DAS allocations, closed areas, or 
on other measures necessary to achieve the FMP goals and objectives, 
including changes to the Northeast Region SBRM. For the 2005 biennial 
review, an updated groundfish assessment, peer-reviewed by independent 
scientists, will be conducted to facilitate the PDT review for the 
biennial adjustment, if needed, for the 2006 fishing year. Amendment 13 
biomass and fishing mortality targets may not be modified by the 2006 
biennial adjustment unless review of all valid pertinent scientific 
work during the 2005 review process justifies consideration.
* * * * *
    (iii) Based on this review, the PDT shall recommend target TACs and 
develop options necessary to achieve

[[Page 46595]]

the FMP goals and objectives, which may include a preferred option. The 
PDT must demonstrate through analyses and documentation that the 
options they develop are expected to meet the FMP goals and objectives. 
The PDT may review the performance of different user groups or fleet 
Sectors in developing options. The range of options developed by the 
PDT may include any of the management measures in the FMP, including, 
but not limited to: Target TACs, which must be based on the projected 
fishing mortality levels required to meet the goals and objectives 
outlined in the FMP for the 10 regulated species, Atlantic halibut (if 
able to be determined), and ocean pout; DAS changes; possession limits; 
gear restrictions; closed areas; permitting restrictions; minimum fish 
sizes; recreational fishing measures; description and identification of 
EFH; fishing gear management measures to protect EFH; designation of 
habitat areas of particular concern within EFH; and changes to the 
Northeast Region SBRM, including the CV-based performance standard, the 
means by which discard data are collected/obtained, fishery 
stratification, reports, and/or industry-funded observers or observer 
set-aside programs. In addition, the following conditions and measures 
may be adjusted through future framework adjustments: Revisions to 
status determination criteria, including, but not limited to, changes 
in the target fishing mortality rates, minimum biomass thresholds, 
numerical estimates of parameter values, and the use of a proxy for 
biomass; DAS allocations (such as the category of DAS under the DAS 
reserve program, etc.) and DAS baselines, etc.; modifications to 
capacity measures, such as changes to the DAS transfer or DAS leasing 
measures; calculation of area-specific TACs, area management 
boundaries, and adoption of area-specific management measures; Sector 
allocation requirements and specifications, including establishment of 
a new Sector; measures to implement the U.S./Canada Resource Sharing 
Understanding, including any specified TACs (hard or target); changes 
to administrative measures; additional uses for Regular B DAS; future 
uses for C DAS; reporting requirements; the GOM Inshore Conservation 
and Management Stewardship Plan; GB Cod Gillnet Sector allocation; 
allowable percent of TAC available to a Sector through a Sector 
allocation; categorization of DAS; DAS leasing provisions; adjustments 
for steaming time; adjustments to the Handgear A permit; gear 
requirements to improve selectivity, reduce bycatch, and/or reduce 
impacts of the fishery on EFH; SAP modifications; and any other 
measures currently included in the FMP.
* * * * *
    (b) * * *
    (1) * * *
    (ii) The WMC shall recommend management options necessary to 
achieve FMP goals and objectives pertaining to small-mesh multispecies, 
which may include a preferred option. The WMC must demonstrate through 
analyses and documentation that the options it develops are expected to 
meet the FMP goals and objectives. The WMC may review the performance 
of different user groups or fleet Sectors in developing options. The 
range of options developed by the WMC may include any of the management 
measures in the FMP, including, but not limited to: Annual target TACs, 
which must be based on the projected fishing mortality levels required 
to meet the goals and objectives outlined in the FMP for the small-mesh 
multispecies; possession limits; gear restrictions; closed areas; 
permitting restrictions; minimum fish sizes; recreational fishing 
measures; description and identification of EFH; fishing gear 
management measures to protect EFH; designation of habitat areas of 
particular concern within EFH; changes to the Northeast Region SBRM, 
including the CV-based performance standard, the means by which discard 
data are collected/obtained, fishery stratification, reports, and/or 
industry-funded observers or observer set-aside programs; and any other 
management measures currently included in the FMP.
* * * * *
    (c) * * *
    (1) * * *
    (i) After a management action has been initiated, the Council shall 
develop and analyze appropriate management actions over the span of at 
least two Council meetings. The Council shall provide the public with 
advance notice of the availability of both the proposals and the 
analyses and opportunity to comment on them prior to and at the second 
Council meeting. The Council's recommendation on adjustments or 
additions to management measures, other than to address gear conflicts, 
must come from one or more of the following categories: DAS changes, 
effort monitoring, data reporting, possession limits, gear 
restrictions, closed areas, permitting restrictions, crew limits, 
minimum fish sizes, onboard observers, minimum hook size and hook 
style, the use of crucifer in the hook-gear fishery, fleet Sector 
shares, recreational fishing measures, area closures and other 
appropriate measures to mitigate marine mammal entanglements and 
interactions, description and identification of EFH, fishing gear 
management measures to protect EFH, designation of habitat areas of 
particular concern within EFH, changes to the Northeast Region SBRM, 
and any other management measures currently included in the FMP. In 
addition, the Council's recommendation on adjustments or additions to 
management measures pertaining to small-mesh NE multispecies, other 
than to address gear conflicts, must come from one or more of the 
following categories: Quotas and appropriate seasonal adjustments for 
vessels fishing in experimental or exempted fisheries that use small 
mesh in combination with a separator trawl/grate (if applicable), 
modifications to separator grate (if applicable) and mesh 
configurations for fishing for small-mesh NE multispecies, adjustments 
to whiting stock boundaries for management purposes, adjustments for 
fisheries exempted from minimum mesh requirements to fish for small-
mesh NE multispecies (if applicable), season adjustments, declarations, 
participation requirements for the Cultivator Shoal Whiting Fishery 
Exemption Area, and changes to the Northeast Region SBRM (including the 
CV-based performance standard, the means by which discard data are 
collected/obtained, fishery stratification, reports, and/or industry-
funded observers or observer set-aside programs).
* * * * *
    9. In Sec.  648.96, paragraphs (a), (b)(5), and (c)(1)(i) are 
revised to read as follows:


Sec.  648.96  Monkfish annual adjustment process and framework 
specifications.

    (a) General. The Monkfish Monitoring Committee (MFMC) shall meet on 
or before November 15 of each year to develop target TACs for the 
upcoming fishing year in accordance with paragraph (b)(1) of this 
section, and options for NEFMC and MAFMC consideration on any changes, 
adjustment, or additions to DAS allocations, trip limits, size limits, 
the Northeast Region SBRM (including the CV-based performance standard, 
fishery stratification, and/or reports), or other measures necessary to 
achieve the Monkfish FMP's goals and objectives. The MFMC shall review 
available data pertaining to discards and landings, DAS, and other 
measures of fishing effort; stock status and fishing mortality rates; 
enforcement of and compliance

[[Page 46596]]

with management measures; and any other relevant information.
    (b) * * *
    (5) Annual review process. The Monkfish Monitoring Committee (MFMC) 
shall meet on or before November 15 of each year to develop options for 
the upcoming fishing year, as needed, and options for NEFMC and MAFMC 
consideration on any changes, adjustment, or additions to DAS 
allocations, trip limits, size limits, the Northeast Region SBRM 
(including the CV-based performance standard, fishery stratification, 
and/or reports), or other measures necessary to achieve the Monkfish 
FMP's goals and objectives. The MFMC shall review available data 
pertaining to discards and landings, DAS, and other measures of fishing 
effort; stock status and fishing mortality rates; enforcement of and 
compliance with management measures; and any other relevant 
information.
* * * * *
    (c) * * *
    (1) * * *
    (i) Based on their annual review, the MFMC may develop and 
recommend, in addition to the target TACs and management measures 
established under paragraph (b) of this section, other options 
necessary to achieve the Monkfish FMP's goals and objectives, which may 
include a preferred option. The MFMC must demonstrate through analysis 
and documentation that the options it develops are expected to meet the 
Monkfish FMP goals and objectives. The MFMC may review the performance 
of different user groups or fleet sectors in developing options. The 
range of options developed by the MFMC may include any of the 
management measures in the Monkfish FMP, including, but not limited to: 
Closed seasons or closed areas; minimum size limits; mesh size limits; 
net limits; liver-to-monkfish landings ratios; annual monkfish DAS 
allocations and monitoring; trip or possession limits; blocks of time 
out of the fishery; gear restrictions; transferability of permits and 
permit rights or administration of vessel upgrades, vessel replacement, 
or permit assignment; measures to minimize the impact of the monkfish 
fishery on protected species; gear requirements or restrictions that 
minimize bycatch or bycatch mortality; transferable DAS programs; 
changes to the Northeast Region SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, reports, and/or industry-funded 
observers or observer set-aside programs; and other frameworkable 
measures included in Sec. Sec.  648.55 and 648.90.
* * * * *
    10. In Sec.  648.100, paragraph (a) is revised and paragraph 
(b)(12) is added to read as follows:


Sec.  648.100  Catch quotas and other restrictions.

    (a) Review. The Summer Flounder Monitoring Committee shall review 
each year the following data, subject to availability, unless a TAL has 
already been established for the upcoming calendar year as part of a 
multiple-year specification process, provided that new information does 
not require a modification to the multiple-year quotas, to determine 
the annual allowable levels of fishing and other restrictions necessary 
to achieve, with at least a 50-percent probability of success, a 
fishing mortality rate (F) that produces the maximum yield per recruit 
(Fmax): Commercial, recreational, and research catch data; 
current estimates of fishing mortality; stock status; recent estimates 
of recruitment; virtual population analysis results; levels of 
noncompliance by fishermen or individual states; impact of size/mesh 
regulations; discards; sea sampling and winter trawl survey data or, if 
sea sampling data are unavailable, length frequency information from 
the winter trawl survey and mesh selectivity analyses; impact of gear 
other than otter trawls on the mortality of summer flounder; and any 
other relevant information.
    (b) * * *
    (12) Changes, as appropriate, to the Northeast Region SBRM, 
including the CV-based performance standard, fishery stratification, 
and/or reports.
* * * * *
    11. In Sec.  648.108, paragraph (a)(1) is revised to read as 
follows:


Sec.  648.108  Framework adjustments to management measures.

    (a) * * *
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of 
the availability of the recommendation(s), appropriate justification(s) 
and economic and biological analyses, and the opportunity to comment on 
the proposed adjustment(s) at the first meeting and prior to and at the 
second Council meeting. The Council's recommendations on adjustments or 
additions to management measures must come from one or more of the 
following categories: Minimum fish size, maximum fish size, gear 
restrictions, gear requirements or prohibitions, permitting 
restrictions, recreational possession limit, recreational seasons, 
closed areas, commercial seasons, commercial trip limits, commercial 
quota system including commercial quota allocation procedure and 
possible quota set asides to mitigate bycatch, recreational harvest 
limit, annual specification quota setting process, FMP Monitoring 
Committee composition and process, description and identification of 
essential fish habitat (and fishing gear management measures that 
impact EFH), description and identification of habitat areas of 
particular concern, overfishing definition and related thresholds and 
targets, regional gear restrictions, regional season restrictions 
(including option to split seasons), restrictions on vessel size (LOA 
and GRT) or shaft horsepower, operator permits, changes to the 
Northeast Region SBRM (including the CV-based performance standard, the 
means by which discard data are collected/obtained, fishery 
stratification, reports, and/or industry-funded observers or observer 
set-aside programs), any other commercial or recreational management 
measures, any other management measures currently included in the FMP, 
and set aside quota for scientific research.
* * * * *
    12. In Sec.  648.120, paragraph (a) is revised and paragraph 
(b)(13) is added to read as follows:


Sec.  648.120  Catch quotas and other restrictions.

    (a) Review. The Scup Monitoring Committee shall review each year 
the following data, subject to availability, unless a TAL already has 
been established for the upcoming calendar year as part of a multiple-
year specification process, provided that new information does not 
require a modification to the multiple-year quotas: Commercial, 
recreational, and research data; current estimates of fishing 
mortality; stock status; recent estimates of recruitment; virtual 
population analysis results; levels of noncompliance by fishermen or 
individual states; impact of size/mesh regulations; impact of gear on 
the mortality of scup; discards; and any other relevant information. 
This review will be conducted to determine the allowable levels of 
fishing and other restrictions necessary to achieve the F that produces 
the maximum yield per recruit (Fmax).
    (b) * * *

[[Page 46597]]

    (13) Changes, as appropriate, to the Northeast Region SBRM, 
including the CV-based performance standard, fishery stratification, 
and/or reports.
* * * * *
    13. In Sec.  648.140, paragraph (a) is revised and paragraph 
(b)(12) is added to read as follows:


Sec.  648.140  Catch quotas and other restrictions.

    (a) Review. The Black Sea Bass Monitoring Committee shall review 
each year the following data, subject to availability, unless a TAL 
already has been established for the upcoming calendar year as part of 
a multiple-year specification process, provided that new information 
does not require a modification to the multiple-year quotas, to 
determine the allowable levels of fishing and other restrictions 
necessary to result in a target exploitation rate of 23 percent (based 
on Fmax) in 2003 and subsequent years: Commercial, 
recreational, and research catch data; current estimates of fishing 
mortality; stock status; recent estimates of recruitment; virtual 
population analysis results; levels of noncompliance by fishermen or 
individual states; impact of size/mesh regulations; discards; sea 
sampling and winter trawl survey data, or if sea sampling data are 
unavailable, length frequency information from the winter trawl survey 
and mesh selectivity analyses; impact of gear other than otter trawls, 
pots and traps on the mortality of black sea bass; and any other 
relevant information.
    (b) * * *
    (12) Changes, as appropriate, to the Northeast Region SBRM, 
including the CV-based performance standard, fishery stratification, 
and/or reports.
* * * * *
    14. In Sec.  648.160, paragraph (a) is revised and paragraph (b)(9) 
is added to read as follows:


Sec.  648.160  Catch quotas and other restrictions.

* * * * *
    (a) Annual review. On or before August 15 of each year, the 
Bluefish Monitoring Committee will meet to determine the total 
allowable level of landings (TAL) and other restrictions necessary to 
achieve the target fishing mortality rate (F) specified in the Fishery 
Management Plan for Atlantic Bluefish for the upcoming fishing year or 
the estimated F for the fishing year preceding the Council submission 
of the recommended specifications, whichever F is lower. In determining 
the TAL and other restrictions necessary to achieve the specified F, 
the Bluefish Monitoring Committee will review the following data, 
subject to availability: Commercial, recreational, and research catch 
data; current estimates of fishing mortality; stock status; recent 
estimates of recruitment; virtual population analysis results; levels 
of noncompliance by fishermen or individual states; impact of size/mesh 
regulations; discards; sea sampling data; impact of gear other than 
otter trawls and gill nets on the mortality of bluefish; and any other 
relevant information.
    (b) * * *
    (9) Changes, as appropriate, to the Northeast Region SBRM, 
including the CV-based performance standard, fishery stratification, 
and/or reports.
* * * * *
    15. In Sec.  648.165, paragraph (a)(1) is revised to read as 
follows:


Sec.  648.165  Framework specifications.

    (a) * * *
    (1) Adjustment process. After a management action has been 
initiated, the Council shall develop and analyze appropriate management 
actions over the span of at least two Council meetings. The Council 
shall provide the public with advance notice of the availability of 
both the proposals and the analysis and the opportunity to comment on 
them prior to and at the second Council meeting. The Council's 
recommendation on adjustments or additions to management measures must 
come from one or more of the following categories: Minimum fish size, 
maximum fish size, gear restrictions, gear requirements or 
prohibitions, permitting restrictions, recreational possession limit, 
recreational season, closed areas, commercial season, description and 
identification of essential fish habitat (EFH), fishing gear management 
measures to protect EFH, designation of habitat areas of particular 
concern within EFH, changes to the Northeast Region SBRM (including the 
CV-based performance standard, the means by which discard data are 
collected/obtained, fishery stratification, reports and/or industry-
funded observers or observer set-aside programs), and any other 
management measures currently included in the FMP.
* * * * *
    16. In Sec.  648.200, paragraph (b) introductory text is revised to 
read as follows:


Sec.  648.200  Specifications.

* * * * *
    (b) Guidelines. As the basis for its recommendations under 
paragraph (a) of this section, the PDT shall review available data 
pertaining to: Commercial and recreational catch data; current 
estimates of fishing mortality; discards; stock status; recent 
estimates of recruitment; virtual population analysis results and other 
estimates of stock size; sea sampling and trawl survey data or, if sea 
sampling data are unavailable, length frequency information from trawl 
surveys; impact of other fisheries on herring mortality; and any other 
relevant information. The specifications recommended pursuant to 
paragraph (a) of this section must be consistent with the following:
* * * * *
    17. In Sec.  648.206, paragraphs (b)(28) and (b)(29) are revised 
and paragraph (b)(30) is added to read as follows:


Sec.  648.206  Framework provisions.

* * * * *
    (b) * * *
    (28) TAC set-aside amounts, provisions, adjustments;
    (29) Changes, as appropriate, to the Northeast Region SBRM, 
including the CV-based performance standard, the means by which discard 
data are collected/obtained, fishery stratification, reports, and/or 
industry-funded observers or observer set-aside programs; and
    (30) Any other measure currently included in the FMP.
* * * * *
    18. In Sec.  648.230, paragraphs (a), (b)(4), and (b)(5) are 
revised and paragraph (b)(6) is added to read as follows:


Sec.  648.230  Catch quotas and other restrictions.

    (a) Process for setting specifications. The Spiny Dogfish 
Monitoring Committee will review the following data at least every 5 
years, subject to availability, to determine the total allowable level 
of landings (TAL) and other restrictions necessary to assure that a 
target fishing mortality rate specified in the Spiny Dogfish Fishery 
Management Plan will not be exceeded in each year for which TAL and any 
other measures are recommended: Commercial and recreational catch data; 
discards; current estimates of F; stock status; recent estimates of 
recruitment; virtual population analysis results; levels of 
noncompliance by fishermen or individual states; impact of size/mesh 
regulations; sea sampling data; impact of gear other than otter trawls 
and gill nets on the mortality of spiny dogfish; and any other relevant 
information.
    (b) * * *
    (4) Trip limits;
    (5) Changes to the Northeast Region SBRM, including the CV-based

[[Page 46598]]

performance standard, fishery stratification, and/or reports; or
    (6) Other gear restrictions.
* * * * *
    19. In Sec.  648.237, paragraph (a)(1) is revised to read as 
follows:


Sec.  648.237  Framework provisions.

    (a) * * *
    (1) Adjustment process. After the Councils initiate a management 
action, they shall develop and analyze appropriate management actions 
over the span of at least two Council meetings. The Councils shall 
provide the public with advance notice of the availability of both the 
proposals and the analysis for comment prior to, and at, the second 
Council meeting. The Councils' recommendation on adjustments or 
additions to management measures must come from one or more of the 
following categories: Minimum fish size; maximum fish size; gear 
requirements, restrictions or prohibitions (including, but not limited 
to, mesh size restrictions and net limits); regional gear restrictions; 
permitting restrictions and reporting requirements; recreational 
fishery measures (including possession and size limits and season and 
area restrictions); commercial season and area restrictions; commercial 
trip or possession limits; fin weight to spiny dogfish landing weight 
restrictions; onboard observer requirements; commercial quota system 
(including commercial quota allocation procedures and possible quota 
set-asides to mitigate bycatch, conduct scientific research, or for 
other purposes); recreational harvest limit; annual quota specification 
process; FMP Monitoring Committee composition and process; description 
and identification of essential fish habitat; description and 
identification of habitat areas of particular concern; overfishing 
definition and related thresholds and targets; regional season 
restrictions (including option to split seasons); restrictions on 
vessel size (length and GRT) or shaft horsepower; target quotas; 
measures to mitigate marine mammal entanglements and interactions; 
regional management; changes to the Northeast Region SBRM, including 
the CV-based performance standard, the means by which discard data are 
collected/obtained, fishery stratification, reports, and/or industry-
funded observers or observer set-aside program; any other management 
measures currently included in the Spiny Dogfish FMP; and measures to 
regulate aquaculture projects.
* * * * *
    20. In Sec.  648.260, paragraph (b) introductory text is revised to 
read as follows:


Sec.  648.260  Specifications.

* * * * *
    (b) Development of specifications. In developing the management 
measures and specifications, the PDT shall review at least the 
following data, if available: Commercial catch data; current estimates 
of fishing mortality and catch-per-unit-effort (CPUE); discards; stock 
status; recent estimates of recruitment; virtual population analysis 
results and other estimates of stock size; sea sampling, port sampling, 
and survey data or, if sea sampling data are unavailable, length 
frequency information from port sampling and/or surveys; impact of 
other fisheries on the mortality of red crabs; and any other relevant 
information.
* * * * *
    21. In Sec.  648.293, paragraphs (a)(1)(xiv) and (xv) are revised 
and paragraph (a)(1)(xvi) is added to read as follows:


Sec.  648.293  Framework specifications.

    (a) * * *
    (1) * * *
    (xiv) Habitat areas of particular concern,
    (xv) Set-aside quotas for scientific research, and
    (xvi) Changes to the Northeast Region SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, reports, and/or industry-funded 
observers or observer set-aside programs.
* * * * *
    22. In Sec.  648.321, paragraphs (b)(19) and (b)(20) are revised 
and paragraph (b)(21) is added to read as follows:


Sec.  648.321  Framework adjustment process.

* * * * *
    (b) * * *
    (19) OY and/or MSY specifications;
    (20) Changes to the Northeast Region SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, reports, and/or industry-funded 
observers or observer set-aside programs; and
    (21) Any other measures contained in the FMP.
* * * * *
[FR Doc. E7-16238 Filed 8-20-07; 8:45 am]
BILLING CODE 3510-22-S