[Federal Register Volume 72, Number 247 (Thursday, December 27, 2007)]
[Rules and Regulations]
[Pages 73274-73281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25073]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070809451-7644-02]
RIN 0648-AV79


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 42

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

ACTION: Final rule.

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SUMMARY: This rule corrects and clarifies a number of inadvertent 
errors, omissions, and ambiguities in the regulations implemented by 
recent actions taken under the Northeast (NE) Multispecies Fisheries 
Management Plan (FMP), including Amendment 5, Framework Adjustment (FW) 
38, Amendment 13, FW 40-A, FW 41, and FW 42. The measures corrected or 
clarified by this rule ensure that the current regulations maintain 
consistency with, and accurately reflect, the intent of measures 
adopted by the New England Fishery Management Council (Council) and 
approved and implemented by the Secretary of Commerce (Secretary).

[[Page 73275]]


DATES: Effective January 28, 2008.

ADDRESSES: Copies of the Regulatory Impact Review (RIR) prepared for 
this action are available upon request from the Regional Administrator 
at the above address. Copies of the environmental assessments (EAs) 
prepared for FW 38, 40-A, FW 41, FW 40-A, and FW 42; and the 
supplemental environmental impact statements (SEIS) prepared for 
Amendments 5 and 13 may be obtained from Paul J. Howard, Executive 
Director, New England Fishery Management Council, 50 Water Street, Mill 
2, Newburyport, MA 01950. The FSEIS/RIR for Amendment 13 and the EA/
RIRs for FW 42, FW 41, and FW 40-A are also accessible via the Internet 
at http://www.nefmc.org.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted to David Rostker, Office of Management and Budget 
(OMB), by e-mail to [email protected], or fax to (202) 395-
7285.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy 
Analyst, phone (978) 281-9141, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    Upon review of regulations implemented by the FW 42 final rule 
(October 23, 2006; 71 FR 62156), NMFS found that the current 
regulations contained several inadvertent errors, omissions, and 
ambiguities that appear to be inconsistent with the measures adopted by 
the Council and approved by the Secretary. Errors were found not only 
in the regulations implemented by the FW 42 final rule, but also in 
regulations implemented by other recent management actions under the 
FMP, including final rules implementing Amendments 5 (March 1, 1994; 59 
FR 9872) and 13 (April 27, 2004; 69 FR 22906), FW 38 (July 9, 2003; 68 
FR 40808), FW 40-A (November 19, 2004; 69 FR 67780), and FW 41 
(September 14, 2005; 70 FR 54302).
    Pursuant to section 305(d) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), NMFS proposed 
measures intended to correct errors identified in the current 
regulations, revise specific measures to facilitate administration of 
such measures, and clarify or modify the current regulations to 
maintain consistency with FW 42 and other previous actions under the 
FMP. Accordingly, NMFS published a proposed rule in the Federal 
Register on October 16, 2007 (72 FR 58622) with public comments 
accepted through October 31, 2007.

Measures Revised by this Rule

    The details of the rationale behind the need for the corrections/
clarifications to the measures revised by this action were included in 
the preamble to the proposed rule for this action and are not repeated 
here. A description of these revisions follows.

1. Definitions for Lessee, Lessor, Transferee, and Tranferor

    This rule inserts definitions for the terms ``lessee,'' ``lessor,'' 
``transferee,'' and ``transferor,'' into the current regulations at 50 
CFR 648.2 to clarify the applicability of the Days-at-Sea (DAS) Leasing 
and Transfer Program provisions.

2. Vessel Monitoring System (VMS) Notification Requirements

    This rule modifies the VMS notification requirements at Sec.  
648.10(b)(2) to specify that NMFS will send letters specifying the 
procedures pertaining to VMS purchase, installation, and use to all 
affected permit holders, as necessary. For example, NMFS would send 
letters specifying VMS procedures if declaration menus or reporting 
requirements change as a result of a regulatory action, or as a 
reminder of current requirements to clarify observed operator errors 
and increase compliance with VMS requirements. In addition, this rule 
specifies that vessels required, or electing, to use VMS are subject to 
the VMS usage requirements outlined in any previous and future permit 
holder letter. Finally, this action inserts a new provision at Sec.  
648.10(b)(5) to clarify that vessels using VMS must declare the 
vessel's intended fishing activity via VMS prior to leaving port before 
each fishing trip. These revisions are made to help eliminate any 
ambiguity in the current regulations regarding the applicability of the 
VMS notification requirements.

3. Gulf of Maine (GOM) Grate Raised Footrope Trawl Exempted Whiting 
Fishery Prohibitions

    This action inserts a reference to the GOM Grate Raised Footrope 
Trawl Exempted Whiting Fishery at Sec.  648.80(a)(16) to the 
prohibitions at Sec.  648.14(a)(35) and (a)(43).

4. In-season Action Prohibition

    This action implements a provision at Sec.  648.14(a)(78) 
prohibiting vessels from violating the requirements of an in-season 
action to increase the ability to enforce measures implemented by an 
in-season action.

5. Georges Bank (GB) Seasonal Closure Area Applicability

    The exemption from the GB Seasonal Closure Area for vessels 
participating in the Eastern U.S./Canada Haddock Special Access Program 
(SAP) specified at Sec.  648.81(g)(2)(iv) is removed, as it is no 
longer necessary now that the Eastern U.S./Canada Haddock SAP opens 
after the GB Seasonal Closure Area expires on May 31.

6. DAS Leasing Program Application Requirements

    This action reinserts the DAS Leasing Program application 
requirements and the authority of the Regional Administrator to approve 
or disapprove DAS leasing applications specified at Sec.  
648.82(k)(3)(i) through (iii) that were inadvertently removed by the FW 
42 final rule.

7. VMS Positional Polling Rates for U.S./Canada Management Area

    This action removes references to an increased VMS positional 
polling rate for vessels participating in the U.S./Canada Management 
Area at Sec. Sec.  648.9(c)(1)(ii), 648.10(b)(2)(iii), and 
648.85(a)(3)(i) because NMFS does not have the technical capacity to 
automatically change a vessel's VMS positional polling rate based on 
its intended fishing activity, and the Council did not specifically 
recommend that NE multispecies vessels must pay for a higher VMS 
polling rate while fishing in the U.S./Canada Management Area.

8. Haddock Total Allowable Catch (TAC) in the Closed Area (CA) I Hook 
Gear Haddock SAP

    To accurately reflect the provisions adopted by the Council and 
implemented under the FW 41 final rule and to effectively administer 
the Closed Area I Hook Gear Haddock SAP, this action reinserts the FW 
41 provisions at Sec.  648.85(b)(7)(iv)(F) that were inadvertently 
removed by the FW 42 final rule. These provisions distribute the 
haddock TAC between the two seasons of the SAP and allow the Regional 
Administrator to adjust the quota to each season to account for under- 
or over-harvest of the haddock TAC during the first season of the SAP.

9. White Hake Trip Limits

    This action corrects the white hake trip limit found at Sec.  
648.86(e) to accurately reflect the 1,000-lb (453.6-kg)/DAS, up to 
10,000-lb (4,536-kg)/

[[Page 73276]]

trip white hake trip limit adopted by the Council in FW 42.

10. Approval of Sector Applications

    This action revises the existing sector approval regulations at 
Sec.  648.87(c)(1) and (2) by removing the absolute requirement to 
develop a proposed rule, but indicates that sectors would be approved 
``consistent with applicable law.'' This would allow NMFS to waive 
opportunity for public comment in very limited circumstances, 
consistent with the requirements of the Administrative Procedure Act.

11. Recreational Fish Size Restrictions

    This action applies the skin-on provision outlined for commercial 
vessels at Sec.  648.83(a)(2) to both party/charter and recreational 
vessels by inserting a similar provision at Sec.  648.89(b)(4). This 
clarifies the minimum fish size restrictions applicable to party/
charter and private recreational vessels, as intended in Amendment 5.

12. Additional Corrections

    In addition to the changes specified above, the following changes 
to the regulations, as amended by the final rule implementing FW 42, 
are implemented to correct inaccurate references and to further clarify 
the intent of FW 42 and previous actions. The changes listed below are 
in the order in which they appear in the regulations.
    In Sec.  648.4(c)(2)(iii)(A), the reference to the annual 
designation as either a Day or Trip gillnet vessel at ``Sec.  
648.82(k)'' is corrected to read ``Sec.  648.82(j).''
    In Sec.  648.14, the reference to ``Sec.  648.81(d)'' in paragraph 
(a)(38) is corrected to reference the transiting provision at Sec.  
648.81(i); the reference to ``Sec.  648.81(b)(2)(i)'' in paragraph 
(a)(39) is corrected to reference the transiting provision at Sec.  
648.81(i); the reference to ``Sec.  648.51(a)(2)(ii) and (e)(2)'' in 
paragraph (a)(53) is corrected to reference the gear stowage provisions 
at Sec.  648.23(b); the reference to ``Sec.  648.85(b)(6)'' in 
paragraph (a)(153) is corrected to read ``Sec.  648.85(b)(4);'' the 
reference to ``Sec.  648.86(g)(1)(i) or (g)(2)(i)'' in paragraph (b)(3) 
is revised to read ``Sec.  648.86(g)(1);'' the reference to ``Sec.  
648.86(g)(1)(i) or (g)(2)(i)'' and ``Sec.  648.81(g)(1)(ii) and 
(g)(2)(ii)'' in paragraph (b)(4) is corrected to read ``Sec.  
648.86(g)(1);'' the reference to ``Sec.  648.86(b)(1)(i)'' in paragraph 
(c)(24) is corrected to read ``Sec.  648.86(b)(1);'' and the reference 
to ``Sec.  648.86(b)(2)(ii) or (iii)'' in paragraph (c)(26) is 
corrected to read ``Sec.  648.86(b)(2).''
    In Sec.  648.80(b)(2)(vi), the reference to ``(a)(11)(i)(A) and 
(B)'' in the introductory text is corrected to read ``(b)(11)(i)(A) and 
(B).''
    In Sec.  648.82(e)(1), the reference to ``Sec.  648.10(c)(5)'' is 
corrected to read ``Sec.  648.10.''
    In Sec.  648.85, the reference to ``Sec.  648.94(b)(7)'' in 
paragraph (b)(6)(iv)(D) is revised to read ``Sec.  648.94(b)(3);'' and 
the references to ``Sec.  648.85(b)(7)(iv)(G)'' in paragraphs 
(b)(7)(iii), (b)(7)(v)(D), and (b)(7)(vi)(D) are corrected to read 
``Sec.  648.85(b)(7)(iv)(F).'' In addition, reference to specific stock 
areas at Sec.  648.85(b)(6)(v) is added to Sec.  648.85(b)(6)(iv)(D) to 
clarify that the landing limits specified in this paragraph apply to 
particular stock areas. Further, reference to Sec.  648.10 is inserted 
at Sec.  648.85(b)(7)(iv)(A) to clarify how DAS would be counted in the 
Closed Area I Hook Gear Haddock SAP. Finally, Sec.  648.85(b)(7)(vi)(G) 
through (I) are removed.
    In Sec.  648.86(i), the references to ``Sec.  648.85(a)(3)(iv)'' 
and ``Sec.  648.85(a)(6)(iv)(D)'' are corrected to read ``Sec.  
648.85.''
    In Sec.  648.92, paragraph (b)(2)(iii) is deleted, as this repeats 
the regulations at Sec.  648.92(b)(2)(ii) and is not necessary.

Comments and Responses

    One comment with three issues regarding the proposed action was 
received from one industry group during the comment period. A summary 
of the issues raised by the commenter and the associated NMFS response 
follows.

GB seasonal Closure Area Applicability

    Comment 1: The commenter supported removal of the exemption to the 
GB Seasonal Closure Area, provided access to the Eastern U.S./Canada 
Haddock SAP Area is allowed prior to August 1 for approved gears, 
including hook gear.
    Response: As explained in the preamble to the proposed rule for 
this action, the exemption from the seasonal closure is no longer 
necessary, as the SAP currently opens after the seasonal closure 
expires. No vessels are allowed into the Eastern U.S./Canada Haddock 
SAP Area prior to the opening date of the SAP on August 1. Therefore, 
because Council action is required to further revise the opening date 
of the SAP, NMFS cannot allow any vessels, including those using gear 
approved for use in the SAP, into the SAP Area before August 1. 
Further, hook gear is not considered an approved gear for this SAP at 
this time and cannot be used in the SAP Area under the SAP provisions. 
However, a vessel may fish with hook gear in the Eastern U.S./Canada 
Area, an area that includes all of the SAP Area except a portion of the 
Area contained within Closed Area II, beginning May 1 of each fishing 
year under the provisions of the Regular B DAS Program (if fishing 
under a Regular B DAS) and/or the U.S./Canada Resource Sharing 
Understanding, unless otherwise notified. As a result, this action 
removes the exemption to the GB Seasonal Closure Area, but does not 
allow vessels fishing with hook gear or any other gear into the SAP 
Area prior to August 1.

Haddock TAC in the Closed Area I Hook Gear Haddock SAP

    Comment 2: The commenter supported reinserting the Closed Area I 
Hook Gear Haddock SAP provisions that were inadvertently removed.
    Response: This action reinserts the SAP measures that were 
inadvertently removed.

Approval of Sector Applications

    Comment 3: The commenter noted the impacts of delays in the 
approval of sector operations during previous fishing years and 
supports efforts to streamline the process, including the pursuit of 
notice action rather than proposed rulemaking, especially if sector 
measures do not change between fishing years. However, this group 
suggested that public comment is warranted for new sectors or 
substantive exemptions.
    Response: As specified in the preamble to the proposed rule for 
this action, the Administrative Procedure Act allows public comment to 
be waived in very limited circumstances. Regulations at Sec.  
648.87(c)(1) require NMFS to solicit public comment on a sector 
operations plan. To increase the likelihood that sector operations 
plans will be approved in a timely manner under unforeseen 
circumstances precluding opportunity for comment, this action 
eliminates the absolute requirement publish a proposed rule.

Changes from the Proposed Rule

    One change to the proposed rule has been made to further clarify a 
measure originally implemented by a December 27, 2005, final rule (70 
FR 76422). That rule implemented a provision clarifing that NE 
multispecies vessels must offload species regulated by a daily landing 
limit (i.e., lbs per DAS) prior to leaving port to begin a subsequent 
fishing trip. That provision was necessary to effectively enforce such 
landing limits by prohibiting a vessel from beginning a trip while 
possessing

[[Page 73277]]

more than 1-day's worth of a species regulated by a daily landing limit 
at the start of a subsequent fishing trip. Although this intent was 
clearly reflected in the January 17, 2006, permit holder letter 
describing the measures corrected by that correction rule, the 
corresponding regulation failed to specify that a vessel may retain up 
to 1-day's worth of a species regulated by a daily landing limit. 
Accordingly, this final rule revises the regulations at Sec.  648.86(i) 
to indicate that a vessel must offload species in excess of the daily 
landing limit prior to leaving port and beginning a subsequent fishing 
trip and may retain on board up to 1-day's worth of a species regulated 
by a daily landing limit, provided the vessel abides by the overall 
trip limit for such species during the subsequent trip.

Classification

    Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the Assistant Administrator for Fisheries, NOAA, has 
determined that this final rule is consistent with the NE Multispecies 
FMP, other provisions of the Magnuson-Stevens Act, and other applicable 
law.
    This final 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 the measures outlined in the proposed rule for this 
action would not have a significant economic impact on a substantial 
number of small entities. The factual basis for this determination is 
as follows:
    The proposed action would correct/clarify the existing 
regulations to ensure that the current regulations accurately 
reflect measures adopted by the New England Fishery Management 
Council and approved by the Secretary of Commerce. This action would 
ensure that the economic impacts analyzed in previous actions would 
be realized, but would not impose any additional economic impacts on 
affected entities. The proposed action would not significantly 
reduce profit for affected vessels, as the proposed measures are 
either administrative in nature and would not affect vessel 
operations, or would have no economic impact beyond that previously 
analyzed. For example, FW 42 indicated that declarations of a 
vessel's intended activity via VMS prior to each trip would cost 
groundfish vessels approximately $0.50 per declaration, or about 
$15,000 per year. In addition, Amendment 13 indicated that the U.S./
Canada Management Area gear requirements would cost participating 
vessels $7,500 for a modified flounder net, or $747 to comply with 
the haddock separator trawl requirement. This action would simply 
clarify or reinstate such requirements, respectively, but would not 
increase costs associated with these measures. Other measures 
corrected or clarified by this action would ensure that unnecessary 
costs, such as the costs for higher VMS positional polling rates, 
are eliminated or that vessels would be able to fully realize the 
economic benefits of special management programs by correctly 
distributing the available haddock resources in the Closed Area I 
Hook Gear Haddock SAP.
    As a result, neither an initial, nor a final, regulatory 
flexibility analysis was required and none have been prepared.
    This final rule contains a number of collection-of-information 
requirements subject to the Paperwork Reduction Act (PRA) which have 
been approved by OMB as follows:
    1. VMS purchase and installation, OMB 0648-0202, (1 hr/
response);
    2. VMS proof of installation, OMB 0648-0202, (1 hr/
response);
    3. Automated VMS polling of vessel position, OMB 0648-
0202, (5 sec/response);
    4. Area and DAS declarations via VMS, OMB 0648-0549 (5 
min/response);
    5. Standardized catch reporting requirements, OMB 0648-
0212 (15 min/response);
    6. Sector manager daily reports for CA I Hook Gear Haddock SAP, OMB 
0648-0212, (2 hr/response);
    7. DAS Leasing Program application, OMB 0648-0202, (5 min/
response);
    8. Annual declaration to participate in the CA I Hook Gear Haddock 
SAP, OMB 0648-0202, (2 min/response);
    9. Sector allocation proposal, OMB 0648-0202, (50 hr/
response); and
    10. Sector operations plan submission, OMB 0648-0202, (50 
hr/response).
    These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
This action does not create new information collections or modify the 
response time associated with any of the information collection 
referenced above. Instead, this action revises the regulations 
underlying these information collections to correct inadvertent errors, 
omissions, and ambiguities in the current regulations, as described in 
the preamble of this rule.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting.

    Dated: December 19, 2007
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs,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

    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, definitions for ``lessee,'' ``lessor,'' 
``transferee,'' and ``transferor'' are added, in alphabetical order, to 
read as follows:


Sec.  648.2  Definitions.

* * * * *
    Lessee means a vessel owner who receives temporarily transferred NE 
multispecies DAS from another vessel through the DAS Leasing Program 
specified at Sec.  648.82(k).
    Lessor means a vessel owner who temporarily transfers NE 
multispecies DAS to another vessel through the DAS Leasing Program 
specified at Sec.  648.82(k).
* * * * *
    Transferee means a vessel owner who receives permanently 
transferred NE multispecies DAS and potentially other permits from 
another vessel through the DAS Transfer Program specified at Sec.  
648.82(l).
    Transferor means a vessel owner who permanently transfers NE 
multispecies DAS and potentially other permits to another vessel 
through the DAS Transfer Program specified at Sec.  648.82(l).
* * * * *

0
3. In Sec.  648.4, paragraph (c)(2)(iii)(A) is revised to read as 
follows:


Sec.  648.4  Vessel permits.

* * * * *
    (c) * * *
    (2) * * *
    (iii) * * *
    (A) For vessels fishing for NE multispecies with gillnet gear, with 
the exception of vessels fishing under the Small Vessel permit 
category, an annual declaration as either a Day or Trip gillnet vessel 
designation as described in Sec.  648.82(j). A vessel owner electing a 
Day or Trip gillnet designation must indicate the number of gillnet 
tags that he/she is requesting, and must include a check for the cost 
of the tags. A permit holder letter will be sent to the owner of each 
eligible gillnet vessel, informing

[[Page 73278]]

him/her of the costs associated with this tagging requirement and 
providing directions for obtaining tags. Once a vessel owner has 
elected this designation, he/she may not change the designation or fish 
under the other gillnet category for the remainder of the fishing year. 
Incomplete applications, as described in paragraph (e) of this section, 
will be considered incomplete for the purpose of obtaining 
authorization to fish in the NE multispecies gillnet fishery and will 
be processed without a gillnet authorization.
* * * * *


Sec.  648.9  [Amended]

0
4. In Sec.  648.9, remove and reserve paragraph (c)(1)(ii).

0
5. In Sec.  648.10, the introductory text of paragraph (b)(2), and 
paragraph (b)(2)(iii) are revised; and paragraph (b)(5) is added to 
read as follows:


Sec.  648.10  DAS and VMS notification requirements.

* * * * *
    (b) * * *
    (2) The owner of such a vessel specified in paragraph (b)(1) of 
this section, with the exception of a vessel issued a limited access NE 
multispecies permit as specified in paragraph (b)(1)(vi) of this 
section, must provide documentation to the Regional Administrator at 
the time of application for a limited access permit that the vessel has 
an operational VMS unit installed on board that meets the minimum 
performance criteria, unless otherwise allowed under this paragraph 
(b). If a vessel has already been issued a limited access permit 
without the owner providing such documentation, the Regional 
Administrator shall allow at least 30 days for the vessel to install an 
operational VMS unit that meets the criteria and for the owner to 
provide documentation of such installation to the Regional 
Administrator. The owner of a vessel issued a limited access NE 
multispecies permit that fishes or intends to fish under a Category A 
or B DAS as specified in paragraph (b)(1)(vi) of this section must 
provide documentation to the Regional Administrator that the vessel has 
an operational VMS unit installed on board that meets those criteria 
prior to fishing under a groundfish DAS. NMFS shall send letters to all 
affected permit holders providing detailed information on the 
procedures pertaining to VMS purchase, installation, and use.
* * * * *
    (iii) DAS counting for a vessel that is under the VMS notification 
requirements of this paragraph (b), with the exception of vessels that 
have elected to fish exclusively in the Eastern U.S./Canada Area on a 
particular trip, as described in this paragraph (b), begins with the 
first location signal received showing that the vessel crossed the VMS 
Demarcation Line after leaving port. DAS counting ends with the first 
location signal received showing that the vessel crossed the VMS 
Demarcation Line upon its return to port. For those vessels that have 
elected to fish exclusively in the Eastern U.S./Canada Area pursuant to 
Sec.  648.85(a)(3)(ii), the requirements of this paragraph (b) begin 
with the first location signal received showing that the vessel crossed 
into the Eastern U.S./Canada Area and end with the first location 
signal received showing that the vessel crossed out of the Eastern 
U.S./Canada Area upon beginning its return trip to port, unless the 
vessel elects to also fish outside the Eastern U.S./Canada Area on the 
same trip, in accordance with Sec.  648.85(a)(3)(ii)(A).
* * * * *
    (5) VMS notification requirements for other fisheries. Unless 
otherwise specified in this part, or via letters sent to affected 
permit holders under paragraph (b)(2) of this section, the owner or 
authorized representative of a vessel that is required to use VMS, as 
specified in paragraph (b)(1) of this section, must notify the Regional 
Administrator of the vessel's intended fishing activity by entering the 
appropriate VMS code prior to leaving port at the start of each fishing 
trip. Notification of a vessel's intended fishing activity includes, 
but is not limited to, gear and DAS type to be used; area to be fished; 
and whether the vessel will be declared out of the DAS fishery, or will 
participate in the NE multispecies and monkfish DAS fisheries, 
including approved special management programs. A vessel cannot change 
any aspect of its VMS activity code outside of port, except that NE 
multispecies vessels are authorized to change the category of DAS used 
(i.e., flip its DAS), as provided at Sec.  648.85(b), or change the 
area declared to be fished so that the vessel may fish both inside and 
outside of the Eastern U.S./Canada Area on the same trip, as provided 
at Sec.  648.85(a)(3)(ii)(A). VMS activity codes and declaration 
instructions are available from the Regional Administrator upon 
request.
* * * * *

0
6. In Sec.  648.14, paragraphs (a)(35), (a)(38), (a)(39), (a)(43), 
(a)(53), (a)(153), (b)(3), (b)(4), (c)(24), and (c)(26) are revised and 
paragraph (a)(78) is added to read as follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (35) Fish with, use, or have on board, within the areas described 
in Sec.  648.80(a)(1) and (2), nets with mesh size smaller than the 
minimum mesh size specified in Sec.  648.80(a)(3) and (4), except as 
provided in Sec.  648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), 
(a)(16), (d), (e), and (i), unless the vessel has not been issued a NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters, or unless otherwise specified in Sec.  648.17.
* * * * *
    (38) Enter or be in the area described in Sec.  648.81(a)(1) on a 
fishing vessel, except as provided in Sec.  648.81(a)(2) and (i).
    (39) Enter or be in the area described in Sec.  648.81(b)(1) on a 
fishing vessel, except as provided in Sec.  648.81(b)(2) and (i).
* * * * *
    (43) Violate any of the provisions of Sec.  648.80, including 
paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption 
Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area; 
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket 
Shoals Dogfish Fishery Exemption Area; (a)(11), the GOM Scallop Dredge 
Exemption Area; (a)(12), the Nantucket Shoals Mussel and Sea Urchin 
Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet Exemption 
Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; (a)(15), the 
Raised Footrope Trawl Exempted Whiting Fishery; (a)(16) the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery; (a)(18), the Great 
South Channel Scallop Dredge Exemption Area; (b)(3), exemptions (small 
mesh); (b)(5); the SNE Monkfish and Skate Trawl Exemption Area; (b)(6), 
the SNE Monkfish and Skate Gillnet Exemption Area; (b)(8), the SNE 
Mussel and Sea Urchin Dredge Exemption Area; (b)(9), the SNE Little 
Tunny Gillnet Exemption Area; and (b)(11), the SNE Scallop Dredge 
Exemption Area. Each violation of any provision in Sec.  648.80 
constitutes a separate violation.
* * * * *
    (53) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with Sec.  648.80(i) from or 
within the areas described in Sec.  648.80(i), while in possession of 
scallop dredge gear on a vessel not fishing under the scallop DAS 
program as described in Sec.  648.53, or fishing under a general 
scallop permit, unless the vessel and the dredge gear conform with the 
stowage requirements of Sec.  648.23(b), or unless the vessel has

[[Page 73279]]

not been issued a multispecies permit and fishes for NE multispecies 
exclusively in state waters.
* * * * *
    (78) Violate any provision of an in-season action to adjust trip 
limits, gear usage, season, area access and/or closure, or any other 
measure authorized by this part.
* * * * *
    (153) If fishing under the SNE/MA Winter Flounder SAP described in 
Sec.  648.85(b)(4), fail to comply with the restrictions and conditions 
under Sec.  648.85(b)(4)(i) through (iv).
* * * * *
    (b) * * *
    (3) While fishing in the areas specified in Sec.  648.86(g)(1) with 
a NE multispecies Handgear A permit, or under the NE multispecies DAS 
program, or under the limited access monkfish Category C or D permit 
provisions, possess yellowtail flounder in excess of the limits 
specified under Sec.  648.86(g)(1), unless fishing under the 
recreational or charter/party regulations, or transiting in accordance 
with Sec.  648.23(b).
    (4) If fishing in the areas specified in Sec.  648.86(g)(1) with a 
NE multispecies Handgear A permit, or under the NE multispecies DAS 
program, or under the limited access monkfish Category C or D permit 
provisions, fail to comply with the requirements specified in Sec.  
648.81(g)(1).
    (c) * * *
    (24) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(b)(1), unless the vessel is fishing under the cod exemption 
specified in Sec.  648.86(b)(4).
* * * * *
    (26) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(b)(2).
* * * * *

0
7. In Sec.  648.80, paragraph (b)(2)(vi) is revised to read as follows:


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

* * * * *
    (b) * * *
    (2) * * *
    (vi) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the SNE Exemption Area, as defined in paragraph (b)(10) of 
this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (b)(3), 
(b)(5) through (9), (b)(11), (c), (e), (h), and (i) of this section; or 
if fishing under a NE multispecies DAS, if fishing under the Small 
Vessel or Handgear A exemptions specified in Sec.  648.82(b)(5) and 
(b)(6), respectively; or if fishing under a scallop state waters 
exemption specified in Sec.  648.54; or if fishing under a scallop DAS 
in accordance with paragraph (h) of this section; or if fishing under a 
General Category scallop permit in accordance with paragraphs 
(b)(11)(i)(A) and (B) of this section; or if fishing pursuant to a NE 
multispecies open access Charter/Party or Handgear permit; or if 
fishing as a charter/party or private recreational vessel in compliance 
with the regulations specified in Sec.  648.89. Any gear on a vessel, 
or used by a vessel, in this area must be authorized under one of these 
exemptions or must be stowed as specified in Sec.  648.23(b).
* * * * *


Sec.  648.81  [Amended]

0
8. In Sec.  648.81, remove paragraph (g)(2)(iv).

0
9. In Sec.  648.82, paragraph (e)(1) is revised and paragraphs 
(k)(3)(i) through (iii) are added to read as follows:


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

* * * * *
    (e) * * *
    (1) When a vessel is participating in the DAS program, as required 
by the regulations, DAS shall accrue to the nearest minute and, with 
the exceptions described under this paragraph (e) and paragraph 
(j)(1)(iii) of this section, shall be counted as actual time called, or 
logged into the DAS program, consistent with the DAS notification 
requirements specified at Sec.  648.10.
* * * * *
    (k) * * *
    (3) * * *
    (i) Application information requirements. An application to lease 
Category A DAS must contain the following information: Lessor's owner 
name, vessel name, permit number and official number or state 
registration number; Lessee's owner name, vessel name, permit number 
and official number or state registration number; number of NE 
multispecies DAS to be leased; total priced paid for leased DAS; 
signatures of Lessor and Lessee; and date form was completed. 
Information obtained from the lease application will be held 
confidential, according to applicable Federal law. Aggregate data may 
be used in the analysis of the DAS Leasing Program.
    (ii) Approval of lease application. Unless an application to lease 
Category A DAS is denied according to paragraph (k)(3)(iii) of this 
section, the Regional Administrator shall issue confirmation of 
application approval to both Lessor and Lessee within 45 days of 
receipt of an application.
    (iii) Denial of lease application. The Regional Administrator may 
deny an application to lease Category A DAS for any of the following 
reasons, including, but not limited to: The application is incomplete 
or submitted past the March 1 deadline; the Lessor or Lessee has not 
been issued a valid limited access NE multispecies permit or is 
otherwise not eligible; the Lessor's or Lessee's DAS are under sanction 
pursuant to an enforcement proceeding; the Lessor's or Lessee's vessel 
is prohibited from fishing; the Lessor's or Lessee's limited access NE 
multispecies permit is sanctioned pursuant to an enforcement 
proceeding; the Lessor or Lessee vessel is determined not in compliance 
with the conditions, restrictions, and requirements of this part; or 
the Lessor has an insufficient number of allocated or unused DAS 
available to lease. Upon denial of an application to lease NE 
multispecies DAS, the Regional Administrator shall send a letter to the 
applicants describing the reason(s) for application rejection. The 
decision by the Regional Administrator is the final agency decision.
* * * * *

0
10. In Sec.  648.85, paragraphs (b)(7)(vi)(G) through (I) are removed, 
and paragraphs (a)(3)(i), (b)(6)(iv)(D), (b)(7)(iii), (b)(7)(iv)(A) and 
(F), (b)(7)(v)(D), and (b)(7)(vi)(D) are revised to read as follows:


Sec.  648.85  Special management programs.

    (a) * * *
    (3) * * *
    (i) VMS requirement. A NE multispecies DAS vessel in the U.S./
Canada Management Areas described in paragraph (a)(1) of this section 
must have installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec. Sec.  648.9 and 648.10.
* * * * *
    (b) * * *
    (6) * * *
    (iv) * * *
    (D) Landing limits. Unless otherwise specified in this paragraph 
(b)(6)(iv)(D), a NE multispecies vessel fishing in the Regular B DAS 
Program described in this paragraph (b)(6), and fishing under a Regular 
B DAS, may not land more than 100 lb (45.5 kg) per DAS, or any part of 
a DAS, up to a maximum of 1,000 lb (454 kg) per trip, of any of the 
following species/stocks from the areas specified in paragraph 
(b)(6)(v) of this section: Cod, American plaice, white

[[Page 73280]]

hake, witch flounder, SNE/MA winter flounder, GB winter flounder, GB 
yellowtail flounder, southern windowpane flounder, and ocean pout; and 
may not land more than 25 lb (11.3 kg) per DAS, or any part of a DAS, 
up to a maximum of 250 lb (113 kg) per trip of CC/GOM or SNE/MA 
yellowtail flounder. In addition, trawl vessels, which are required to 
fish with a haddock separator trawl as specified under paragraph 
(b)(6)(iv)(J) of this section, and other gear that may be required in 
order to reduce catches of stocks of concern as described under 
paragraph (b)(6)(iv)(J) of this section, are restricted to the 
following trip limits: 500 lb (227 kg) of all flatfish species 
(American plaice, witch flounder, winter flounder, windowpane flounder, 
and GB yellowtail flounder), combined; 500 lb (227 kg) of monkfish 
(whole weight); 500 lb (227 kg) of skates (whole weight); and zero 
possession of lobsters, unless otherwise restricted by Sec.  
648.94(b)(3).
* * * * *
    (7) * * *
    (iii) Season. The overall season for the CA I Hook Gear Haddock SAP 
is October 1 through December 31, which is divided into two 
participation periods, one for Sector and one for non-Sector vessels. 
For the 2006 fishing year and beyond, the participation periods shall 
alternate between Sector and non-Sector vessels such that, in fishing 
year 2006, the participation period for non-Sector vessels is October 1 
through November 15, and the participation period for Sector vessels is 
November 16 through December 31. The Regional Administrator may adjust 
the start date of the second participation period prior to November 16 
if the haddock TAC for the first participation period specified in 
paragraph (b)(7)(iv)(F) of this section is harvested prior to November 
15.
    (iv) * * *
    (A) DAS use restrictions. A vessel fishing in the CA I Hook Gear 
Haddock SAP may not initiate a DAS flip. A vessel is prohibited from 
fishing in the CA I Hook Gear Haddock SAP while making a trip under the 
Regular B DAS Pilot Program described under paragraph (b)(6) of this 
section. DAS will be charged as described in Sec.  648.10.
* * * * *
    (F) Haddock TAC--(1) Allocation and Distribution. The maximum total 
amount of haddock that may be caught (landings and discards) in the 
Closed Area I Hook Gear SAP Area in any fishing year is based upon the 
size of the TAC allocated for the 2004 fishing year (1,130 mt live 
weight), adjusted according to the growth or decline of the western GB 
(WGB) haddock exploitable biomass (in relationship to its size in 
2004), according to the following formula: BiomassYEAR!X= 
(1,130 mt live weight) x (Projected WGB Haddock Exploitable 
BiomassYEAR!X/WGB Haddock Exploitable 
Biomass2004). The size of the western component of the stock 
is considered to be 35 percent of the total stock size, unless modified 
by a stock assessment. The maximum amount of haddock that may be caught 
in this SAP during each fishing year is divided evenly between the two 
participation periods of October 1 - November 15 and November 16 - 
December 31, as specified in paragraph (b)(7)(iii) of this section. The 
Regional Administrator shall specify the haddock TAC for the SAP, in a 
manner consistent with applicable law.
    (2) Adjustments to the haddock TAC. The Regional Administrator may 
adjust the portion of the haddock TAC specified for the second 
participation period to account for under- or over-harvest of the 
portion of the haddock TAC (landings and discards) that was harvested 
during the first participation period, not to exceed the overall 
haddock TAC specified in this paragraph (b)(7)(iv)(F).
* * * * *
    (v) * * *
    (D) Reporting requirements. The owner or operator of a Sector 
vessel declared into the Closed Area I Hook Gear Haddock SAP must 
submit reports to the Sector Manager, with instructions to be provided 
by the Sector Manager, for each day fished in the Closed Area I Hook 
Gear Haddock SAP Area. The Sector Manager shall provide daily reports 
to NMFS, including at least the following information: Total pounds of 
haddock, cod, yellowtail flounder, winter flounder, witch flounder, 
American plaice, and white hake kept; total pounds of haddock, cod, 
yellowtail flounder, winter flounder, witch flounder, American plaice, 
and white hake discarded; date fish were caught; and VTR serial number, 
as instructed by the Regional Administrator. Daily reporting must 
continue even if the vessel operator is required to exit the SAP as 
required under paragraph (b)(7)(iv)(F) of this section.
* * * * *
    (vi) * * *
    (D) Reporting requirements. The owner or operator of a non-Sector 
vessel declared into the Closed Area I Hook Gear Haddock SAP must 
submit reports via VMS, in accordance with instructions to be provided 
by the Regional Administrator, for each day fished in the Closed Area I 
Hook Gear Haddock SAP Area. The reports must be submitted in 24-hr 
intervals for each day fished, beginning at 0000 hr local time and 
ending at 2400 hr local time. The reports must be submitted by 0900 hr 
local time of the day following fishing. The reports must include at 
least the following information: Total pounds of haddock, cod, 
yellowtail flounder, winter flounder, witch flounder, American plaice, 
and white hake kept; total pounds of haddock, cod, yellowtail flounder, 
winter flounder, witch flounder, American plaice, and white hake 
discarded; date fish were caught; and VTR serial number, as instructed 
by the Regional Administrator. Daily reporting must continue even if 
the vessel operator is required to exit the SAP as required under 
paragraph (b)(7)(iv)(F) of this section.
* * * * *

0
11. In Sec.  648.86, paragraphs (e) and (i) are revised to read as 
follows:


Sec.  648.86  NE Multispecies possession restrictions.

* * * * *
    (e) White hake. Unless otherwise restricted under this part, a 
vessel issued a NE multispecies DAS permit, a limited access Handgear A 
permit, an open access Handgear B permit, or a monkfish limited access 
permit and fishing under the monkfish Category C or D permit provisions 
may land up to 1,000 lb (453.6 kg) of white hake per DAS, or any part 
of a DAS, up to 10,000 lb (4,536 kg) per trip.
* * * * *
    (i) Offloading requirement for vessels possessing species regulated 
by a daily possession limit. A vessel that has ended a trip as 
specified in Sec.  648.10(b)(2)(iii) or (c)(3) that possesses on board 
species regulated by a daily possession limit (i.e., pounds per DAS), 
as specified at Sec.  648.85 or Sec.  648.86, must offload species in 
excess of the daily landing limit prior to leaving port on a subsequent 
trip. A vessel may retain on board up to one day's worth of such 
species prior to the start of a subsequent trip. Other species 
regulated by an overall trip limit may be retained on board for a 
subsequent trip. For example, a vessel that possesses cod and winter 
flounder harvested from Georges Bank is subject to a daily possession 
limit for cod of 1,000 lb (453 kg)/DAS and an overall trip limit of 
5,000 lb (2,267 kg)/trip for winter flounder. In this example, the 
vessel would be required to offload any cod harvested in excess of 
1,000 lb (453 kg) (i.e., the vessel may retain up to 1,000 lb (453 kg) 
of Georges Bank cod, but must offload any additional cod), but may 
retain on

[[Page 73281]]

board winter flounder up to the maximum trip limit prior to leaving 
port and crossing the VMS demarcation line to begin a subsequent trip.
* * * * *

0
12. In Sec.  648.87, paragraphs (b)(1)(ix), (b)(1)(xv) and (xvi), 
(b)(2)(x), and (c) are revised to read as follows:


Sec.  648.87  Sector allocation.

* * * * *
    (b) * * *
    (1) * * *
    (ix) Unless exempted through a Letter of Authorization specified in 
paragraph (c)(2) of this section, each vessel operator and/or vessel 
owner fishing under an approved Sector must comply with all NE 
multispecies management measures of this part and other applicable law. 
Each vessel and vessel operator and/or vessel owner participating in a 
Sector must also comply with all applicable requirements and conditions 
of the Operating Plan specified in paragraph (b)(2) of this section and 
the Letter of Authorization issued pursuant to paragraph (c)(2) of this 
section. It shall be unlawful to violate any such conditions and 
requirements and each Sector, vessel, and vessel operator and/or vessel 
owner participating in the Sector may be charged jointly and severally 
for violations of such conditions and requirements and any other 
applicable Federal regulations, resulting in an assessment of civil 
penalties and permit sanctions pursuant 15 CFR part 904.
* * * * *
    (xv) All vessel operators and/or vessel owners fishing in an 
approved Sector must be issued and have on board the vessel, a Letter 
of Authorization (LOA) issued by NMFS pursuant to paragraph (c)(2) of 
this section.
    (xvi) The Regional Administrator may exempt participants in the 
Sector, pursuant to paragraph (c)(2) of this section, from any Federal 
fishing regulations necessary to allow such participants to fish in 
accordance with the Operations Plan, with the exception of regulations 
addressing the following measures for Sectors based on a hard TAC: 
Year-round closure areas, permitting restrictions (e.g., vessel 
upgrades, etc.), gear restrictions designed to minimize habitat impacts 
(e.g., roller gear restrictions, etc.), and reporting requirements (not 
including DAS reporting requirements). A framework adjustment, as 
specified in Sec.  648.90, may be submitted to exempt Sector 
participants from regulations not authorized to be exempted pursuant to 
paragraph (c)(2) of this section.
* * * * *
    (2) * * *
    (x) Each vessel and vessel operator and/or vessel owner 
participating in a Sector must comply with all applicable requirements 
and conditions of the Operations Plan specified in this paragraph 
(b)(2) and the Letter of Authorization issued pursuant to paragraph 
(c)(2) of this section. It shall be unlawful to violate any such 
conditions and requirements unless such conditions or restrictions are 
identified as administrative only in an approved Operations Plan. Each 
Sector, vessel, and vessel operator and/or vessel owner participating 
in the Sector may be charged jointly and severally for violations of 
Sector Operations Plan requirements as well as any other applicable 
Federal regulations, resulting in an assessment of civil penalties and 
permit sanctions pursuant to 15 CFR part 904.
    (c) Approval of a Sector and granting of exemptions by the Regional 
Administrator. (1) Once the submission documents specified under 
paragraphs (a)(1) and (b)(2) of this section have been determined to 
comply with the requirements of this section, NMFS may consult with the 
Council and shall approve or disapprove Sector operations consistent 
with applicable law.
    (2) If a Sector is approved, the Regional Administrator shall issue 
a Letter of Authorization to each vessel operator and/or vessel owner 
belonging to the Sector. The Letter of Authorization shall authorize 
participation in the Sector operations and may exempt participating 
vessels from any Federal fishing regulation, except those specified in 
paragraph (b)(1)(xvi) of this section, in order to allow vessels to 
fish in accordance with an approved Operations Plan, provided such 
exemptions are consistent with the goals and objectives of the NE 
Multispecies FMP. The Letter of Authorization may also include 
requirements and conditions deemed necessary to ensure effective 
administration of, and compliance with, the Operations Plan and the 
Sector allocation. Solicitation of public comment on, and NMFS final 
determination on such exemptions shall be consistent with paragraphs 
(c)(1) and (2) of this section.
    (3) The Regional Administrator may withdraw approval of a Sector, 
after consultation with the Council, at any time if it is determined 
that Sector participants are not complying with the requirements of an 
approved Operations Plan or that the continuation of the Operations 
Plan will undermine achievement of fishing mortality objectives of the 
NE Multispecies FMP. Withdrawal of approval of a Sector may only be 
done after notice and comment rulemaking consistent with applicable 
law.
* * * * *

0
13. In Sec.  648.89, paragraph (b)(4) is added to read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

* * * * *
    (b) * * *
    (4) The minimum fish size applies to whole fish or to any part of a 
fish while possessed on board either a charter/party or a private 
recreational vessel, or at the time of landing. Fish fillets, or parts 
of fish, must have skin on while possessed on board a vessel and at the 
time of landing in order to meet minimum size requirements. ``Skin on'' 
means the entire portion of the skin normally attached to the portion 
of the fish or to fish parts possessed is still attached.
* * * * *


Sec.  648.92  [Amended]

0
14. In Sec.  648.92, remove paragraph (b)(2)(iii).
[FR Doc. E7-25073 Filed 12-26-07; 8:45 am]
BILLING CODE 3510-22-S