[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Proposed Rules]
[Pages 2959-2984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-846]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 080521698-8699-01]
RIN 0648-AW87


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Secretarial Interim Action

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

ACTION: Proposed rule; request for comment.

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SUMMARY: NMFS proposes a temporary Secretarial interim action under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) to implement measures intended to immediately reduce 
overfishing in the Northeast (NE) multispecies fishery, while 
addressing the need to help sustain fishing communities, without 
compromising rebuilding objectives. Measures proposed for the 
commercial fishery include the following: A differential days-at-sea 
(DAS) area north of 41[deg]30' N. lat., whereby a vessel would be 
charged 2 days for every day fished; a large Southern New England (SNE) 
Closure Area; and modified groundfish trip limits. This action does not 
change the scheduled DAS reduction in the NE Multispecies Fishery 
Management Plan (FMP), which would result in an approximate 18-percent 
reduction in DAS. For private recreational vessels fishing in the 
Exclusive Economic Zone (EEZ) and for federally permitted charter/party 
vessels, this action would extend in time a seasonal prohibition on the 
possession of Gulf of Maine (GOM) cod, and prohibit the possession of 
SNE winter flounder. For federally permitted charter/party vessels, 
this action would implement a trip limit for Georges Bank (GB) cod. In 
addition, this action proposes to mitigate some of the negative short-
term economic impacts of the FMP by making modifications to the DAS 
Leasing Program, the Regular B DAS Program, and the DAS Transfer 
Program; continuing the Eastern U.S./Canada Haddock Special Access 
Program (SAP); and implementing a reduction in the haddock minimum size 
to 18 inches (45 cm). Finally, this action would specify management 
measures for the U.S./Canada Management Area for fishing year (FY) 
2009.

[[Page 2960]]


DATES: Comments must be received by February 17, 2009.

ADDRESSES: You may submit comments, identified by 0648-AW87, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-rulemaking portal: http://www.regulations.gov.
     Mail: Paper, disk, or CD-ROM comments should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, 55 Great Republic Drive, Gloucester, MA 01930-2276. Mark the 
outside of the envelope:``Comments on NE Multispecies Interim Rule.''
     Fax: (978) 281-9135.
    Instructions: All comments received are part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter ``N/A'' in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF formats only.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA), 
which is contained in the Classification section of this proposed rule. 
Copies of the Environmental Assessment (EA) prepared for this rule may 
be found at the following internet address:
http://www.nero.noaa.gov/nero/regs/frdoc/08/08MultiInterimEA.pdf.

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

SUPPLEMENTARY INFORMATION: The FMP specifies the management measures 
for 12 species in Federal waters off the New England and Mid-Atlantic 
coasts, which are Atlantic cod, haddock, yellowtail flounder, pollock, 
American plaice, witch flounder, white hake, windowpane flounder, 
Atlantic halibut, winter flounder, ocean pout, and redfish, comprising 
a total of 19 individual stocks (groundfish). A major overhaul of the 
FMP occurred in 2004 with implementation of Amendment 13 and the 
establishment of rebuilding programs for all stocks managed by the FMP, 
including specification of status determination criteria for each 
stock.
    Amendment 13 established two different strategies for rebuilding 
(an adaptive and a phased rebuilding strategy), and a rebuilding plan 
for each overfished stock was developed in accordance with one of the 
two strategies. Under the ``adaptive'' rebuilding strategy, fishing 
mortality is held at Fmsy from 2004 through 2008, and then subsequently 
reduced to the level required to rebuild by the selected end-date of 
the rebuilding period. In 2008, the effectiveness of the management 
measures and the validity of the status determination criteria 
(biological reference points) were fully evaluated. Eight stocks (GOM 
cod, GB haddock, GOM haddock, SNE/Mid Atlantic (MA) winter flounder, GB 
yellowtail flounder, redfish, windowpane flounder (southern stock), and 
ocean pout) are managed under the adaptive rebuilding strategy. In 
contrast, under the ``phased'' rebuilding strategy, fishing mortality 
is allowed to remain above Fmsy at the start of the rebuilding period 
in 2004, and then reduced sequentially in 2006 and 2009. Five stocks 
(GB cod, Cape Cod (CC)/GOM yellowtail flounder, SNE/MA yellowtail 
flounder, American plaice, and white hake) are managed under the phased 
rebuilding strategy. The end of the rebuilding period for all stocks is 
2014, with the exception of GB cod (2026), CC/GOM yellowtail flounder 
(2023), and redfish (2051).
    Amendment 13 also implemented a process whereby the NE multispecies 
complex is routinely evaluated through a biennial adjustment. This 
adjustment process provides an update of the scientific information 
regarding the status of the stocks, and an evaluation of the 
effectiveness of the regulations. The biennial adjustment provides the 
New England Fishery Management Council (Council) with information to 
make adjustments to management measures necessary to modify fishing 
mortality to comply with the rebuilding schedules and approach optimum 
yield. The FMP further specified a benchmark stock assessment and 
review of the biological reference points (stock status determination 
criteria) in 2008. This planned assessment of the biological reference 
points (Groundfish Assessment Review Meeting, (GARM III) in 2008) was 
part of the biennial adjustment process, but was also part of the 
adaptive rebuilding strategy described above, which sought to evaluate 
the more fundamental scientific information mid-way through the 
rebuilding period for most stocks. Although, strictly speaking, the 
adaptive rebuilding strategy applies to only five stocks, the intent of 
the Council in scheduling a benchmark assessment in 2008 was an 
evaluation of the biological reference points for all stocks.
    In order to implement these rebuilding strategies, Amendment 13 
included default management measures for implementation in FY 2006 and 
FY 2009, which were designed to reduce fishing mortality on certain 
stocks, and established criteria to determine conditions under which 
the default measures would not be triggered. The default measure 
developed for FY 2009 is a modification to the Category A DAS and 
Category B DAS ratio from 55:45 to 45:55 (respectively). This decrease 
in the amount of A DAS represents an 18.2-percent decrease in the 
number of A DAS a vessel may fish. Amendment 13 noted the challenge of 
implementing the rebuilding program due to the difficulty of designing 
effort controls that would precisely achieve the desired fishing 
mortality reductions for all stocks.
    The Council began development of Amendment 16 in 2006 to meet a 
required May 1, 2009, implementation date because it anticipated that 
new scientific information from the scheduled 2008 biennial review and 
benchmark assessment (GARM III) would indicate that additional fishing 
mortality reductions may be necessary for FY 2009 in order to continue 
rebuilding at the required rate. At the Council meeting on June 3, 
2008, the Northeast Fisheries Science Center (NEFSC) presented 
preliminary estimates of stock size and fishing mortality in 2006, 
which indicated that draft effort control measures under development 
for Amendment 16 were not targeting the correct stocks. Based on this 
information, the Council decided to wait until receipt of the final 
GARM III assessment results in September 2008 to design appropriate 
management measures and hold public hearings.
    The Council subsequently developed a revised schedule of 
development for Amendment 16, which, if approved, would be implemented 
on May 1, 2010. The Council voted on September 4, 2008, to request that 
NMFS implement an interim action for the duration of FY 2009 (May 1, 
2009-April 30, 2010), and recommended a specific suite of management 
measures for the interim action. As explained fully under section 12 
below, NMFS did not adopt the Council's recommendations for this 
proposed interim action because it was determined that the Council's 
recommended alternative was insufficient to end overfishing.
    GARM III, completed in August 2008, was an extensive benchmark 
assessment. GARM III evaluated the

[[Page 2961]]

underlying data and models utilized for assessment of the groundfish 
stocks, evaluated the biological reference points, established new 
reference points, assessed the biomass and fishing mortality status of 
the groundfish stocks in 2007, and provided examples of fishing 
mortality rates that would be expected to rebuild overfished stocks.
    Incorporation of new scientific information and revisions to 
management measures in the FMP, effective May 1, 2009, are necessary to 
continue rebuilding to comply the intent of the FMP. However, due to 
the Council's revised Amendment 16 schedule, such revisions to the FMP 
would not be implemented, without this interim action.
    Section 305(c) of the Magnuson-Stevens Act authorizes the Secretary 
of Commerce (Secretary) to amend an FMP if the appropriate Council 
fails to develop and submit to the Secretary any necessary amendment to 
an FMP if the fishery requires conservation and management. NMFS 
promulgated guidelines to further clarify how this authority to amend 
an FMP should be interpreted (63 FR 24212; May 1, 1998). The Secretary, 
on his/her own initiative, or in response to a Council request, may 
implement interim measures to reduce overfishing under section 305(c), 
until such measures can be replaced by an FMP amendment or regulations 
taking remedial action. The measures may remain in place for 180 days, 
but may be extended for an additional 186 days if the public has had an 
opportunity to comment on the measures.
    Because of the need to eliminate and reduce overfishing, as well as 
to reduce fishing mortality to more closely comply with the FMP 
rebuilding schedules, NMFS is proposing this interim action. To that 
end, this action would implement management measures that, as much as 
practicable, build upon the Amendment 13 default measures and include 
major elements of the Council's Amendment 16 alternatives, such as 
differential DAS. Measures that are similar to Amendment 16 would 
facilitate industry understanding, enable NMFS to administer such 
short-term measures, and allow vessels to adapt any measures 
implemented by Amendment 16 if they are adopted. Further, it is 
important that NMFS can enforce and administer the interim measures, 
and that such measures are fair and simple. The proposed interim action 
management measures are more narrowly focused than what is currently 
under consideration in the Council's Amendment 16 draft document, which 
contains measures beyond those designed to reduce fishing mortality, 
such as inclusion of many new sectors and measures to address new 
Magnuson-Stevens Act requirements (e.g., annual catch limits and 
accountability measures). Failure to reduce or prevent overfishing by 
May 1, 2009, while the Council completes Amendment 16, would likely 
lead to continued overfishing of several groundfish stocks, resulting 
in slower rebuilding that would likely require more stringent future 
measures, with additional economic and social consequences.
    A summary of the GARM III results that form the basis for this 
proposed interim rule is in Table 1 below. Overfishing is occurring on 
stocks when the fishing mortality to Fmsy ratio (F/Fmsy) is greater 
than 1.0, and a stock is overfished if the biomass level to Bmsy ratio 
(B/Bmsy) is equal to or less than 0.5.

                                          Table 1. GARM III Stock Status Determination Criteria and 2007 Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        2007 Fishing Mortality     2007 Biomass (2007 B/
             Species                       Stock                 Fmsy                  Bmsy                 (2007 F/ Fmsy)                 Bmsy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cod                                GB                    0.2466                148,084               1.2                          0.12
                                  ----------------------------------------------------------------------------------------------------------------------
                                   GOM                   0.237                 58,248                1.9                          0.58
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haddock                            GB                    0.350                 158,873               0.49                         2.05
                                  ----------------------------------------------------------------------------------------------------------------------
                                   GOM                   0.430                 5,900                 0.8.                         0.99
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yellowtail flounder                GB                    0.254                 43,200                1.1                          0.22
                                  ----------------------------------------------------------------------------------------------------------------------
                                   SNE/MA                0.254                 27,400                1.6                          0.13
                                  ----------------------------------------------------------------------------------------------------------------------
                                   CC/GOM                0.239                 7,790                 1.7                          0.25
--------------------------------------------------------------------------------------------------------------------------------------------------------
American plaice                    ....................  0.190                 21,940                0.5                          0.51
--------------------------------------------------------------------------------------------------------------------------------------------------------
Witch flounder                     ....................  0.200                 11,447                1.5                          0.30
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter flounder                    GB                    0.260                 16,000                1.1                          0.31
                                  ----------------------------------------------------------------------------------------------------------------------
                                   GOM                   0.283                 3,792                 1.5                          0.29
                                  ----------------------------------------------------------------------------------------------------------------------
                                   SNE/MA                0.248                 38,761                2.6                          0.09
--------------------------------------------------------------------------------------------------------------------------------------------------------
Redfish                            ....................  0.038                 271,000               0.1                          0.64
--------------------------------------------------------------------------------------------------------------------------------------------------------
White hake                         ....................  0.125                 56,254                1.2                          0.35
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock                            ....................  5.660                 2.0                   * 1.2                        * 0.71
--------------------------------------------------------------------------------------------------------------------------------------------------------
Windowpane                         North                 0.500                 1.4                   * 3.9                        * 0.38
                                  ----------------------------------------------------------------------------------------------------------------------
                                   South                 1.470                 0.34                  * 1.3                        * 0.62
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ocean pout                         ....................  0.760                 4.94                  0.5                          0.10
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 2962]]

 
Atlantic halibut                   ....................  0.073                 49,000                0.9                          0.03
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Pollock and windowpane flounder information was revised subsequent to GARM III in order to utilize 3 yr averages. Pollock is approaching an overfished
  condition.

    Because GARM III revised the biological reference points and the 
2007 stock status determination, and the current status of stocks is 
different from the understanding of stock status based on GARM I and 
II, it is necessary to utilize new fishing mortality targets that are 
appropriate to the revised stock status. Therefore, this interim action 
would utilize the GARM III revised stock status determination as the 
basis for developing fishing mortality targets in order to be 
consistent with National Standard 2, which requires that conservation 
and management measures shall be based upon the best scientific 
information available.
    New rebuilding plans for those stocks recently determined to be 
overfished or approaching an overfished condition, based on results 
from GARM III (windowpane flounder (northern stock), GOM and GB winter 
flounder, witch flounder, and pollock), are not proposed in this 
interim action, but rather are being considered by the Council in 
Amendment 16. For these five stocks, the fishing mortality target of 
the interim action is proposed to be Fmsy, although, as explained later 
in this preamble, the proposed measures would not achieve this 
objective for windowpane north.
    For those stocks that are either rebuilt (GB haddock) or for stocks 
where Fmsy would rebuild the stock (GOM haddock, GOM cod, American 
plaice, redfish), the fishing mortality target for the interim action 
would be Fmsy. For these stocks, which are currently in rebuilding 
programs, Fmsy is the appropriate target fishing mortality rate because 
Fmsy is lower than Frebuild, and the stocks are projected to rebuild to 
Bmsy within their rebuilding periods.
    For stocks currently under rebuilding programs and for which the 
fishing mortality rate required to rebuild the stock (Frebuild) is less 
than Fmsy (GB cod, GB yellowtail, SNE yellowtail, CC yellowtail, SNE 
winter flounder, white hake), the fishing mortality target under this 
interim action would be Frebuild, with one exception (noted below).
    For GB cod, fishing mortality under this interim action would be 
reduced to a level less than Fmsy, but would not achieve Frebuild. The 
two recent stock assessments that pertain to GB cod (GARM III for the 
entire stock; Transboundary Resource Assessment Committee 2008 for the 
eastern portion of the stock) were unable to be reconciled with each 
other, with the assessment of the size of the overall stock relatively 
low and the assessment of the size of the eastern portion of the stock 
relatively high. Given the scientific uncertainty, the fact that the 
fishing mortality of the eastern portion of the stock is strictly 
controlled through a hard total allowable catch (TAC), and the limited 
scope of this action, Fmsy is being proposed as the fishing mortality 
rate target for this stock. However, the fishing mortality rate that 
would be achieved by the proposed interim action is estimated to be 
between Fsmy and Frebuild.
    GARM III provided example estimates of Frebuild for overfished 
stocks, making assumptions about the rebuild period end-dates and the 
starting conditions at the beginning of the rebuilding periods. In 
doing so, GARM III assumed that the catch in FY 2008 will equal the 
catch in FY 2007. In contrast, for this interim action, an estimated 
catch in FY 2008 was used to recalculate the starting conditions in FY 
2008, and the Frebuilds. For Amendment 16, the Plan Development Team 
(PDT) estimated catch for the entire FY 2008 year based upon an 
extrapolation of landings data for calendar year 2008 through June 
2008. This interim action relies on the PDT's estimated landings for FY 
2008 and a derived estimate of fishing mortality for Calendar Year (CY) 
2008 and the recalculated Frebuilds. The probabilities associated with 
the Frebuilds and rebuilding end dates are consistent with the current 
FMP. Stocks would rebuild with a 50-percent probability, with the 
exception of GB yellowtail flounder, which has a 75-percent probability 
of rebuilding by the end of the rebuilding period. The end of the 
rebuilding period for all stocks with rebuilding plans is 2014, with 
the exception of GB cod (2026), CC/GOM yellowtail flounder (2023), and 
redfish (2051). Because the measures to be implemented by this action 
would begin in FY 2009, an estimate of fishing mortality in CY 2008 
more closely represents the starting conditions of the remainder of the 
rebuilding periods. For GB yellowtail flounder, Frebuild was calculated 
utilizing an assumed catch in CY 2008 of 2,500 mt.
    In a similar manner, in order to calculate the amount of reduction 
in fishing mortality required for pertinent stocks, the estimated 
fishing mortality in CY 2008 was considered as the starting condition. 
For example, in order to calculate the required fishing mortality 
reduction for the CC/GOM stock of yellowtail flounder, Frebuild (0.238) 
was compared to F 2008 (0.289). An 18-percent reduction in fishing 
mortality is required to reduce F from 0.289 in CY 2008 to achieve an 
Frebuild of 0.238 in CY 2009. Table 2 below summarizes information on 
the CY 2008 fishing mortality, the fishing mortality goal of the 
interim action, and the percentage fishing reduction objective to 
reduce fishing mortality from the starting conditions (F 2008) to the 
fishing mortality rate goal.

                                     Table 2. Fishing Mortality Reduction Objectives for the Proposed Interim Action
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Value Associated with
             Species                     Stock                2008 F        Fishing Mortality Rate    Fishing Mortality Rate     Fishing Mortality Rate
                                                                                     Goal                      Goal               Reduction Objective
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cod                               GB                   0.410                Fmsy                    0.2466                     - 40 %
                                 -----------------------------------------------------------------------------------------------------------------------
                                  GOM                  0.300                Fmsy                    0.237                      - 21 %
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 2963]]

 
Haddock                           GB                   0.083                Fmsy                    0.350                      322 %
                                 -----------------------------------------------------------------------------------------------------------------------
                                  GOM                  0.250                Fmsy                    0.430                      72 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yellowtail flounder               GB                   0.130                Frebuild                0.109                      - 16 %
                                 -----------------------------------------------------------------------------------------------------------------------
                                  SNE/MA               0.120                Frebuild                0.075                      -386%
                                 -----------------------------------------------------------------------------------------------------------------------
                                  CC/GOM               0.289                Frebuild                0.238                      - 18 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
American plaice                   ...................  0.099                Fmsy                    0.190                      92 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Witch flounder                    ...................  0.296                Fmsy                    0.200                      - 32 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter flounder                   GB                   0.131                Fmsy                    0.260                      98 %
                                 -----------------------------------------------------------------------------------------------------------------------
                                  GOM                  0.317                Fmsy                    0.283                      - 11 %
                                 -----------------------------------------------------------------------------------------------------------------------
                                  SNE/MA               0.265                Frebuild                0.000                      - 100 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Redfish                           ...................  0.008                Fmsy                    0.038                      375 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
White hake                        ...................  0.065                Frebuild                0.084                      29 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock                           ...................  NA                   Fmsy                    5.66                       - 48 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Windowpane                        ...................  NA                   Fmsy                    0.50                       - 74 %
                                 -----------------------------------------------------------------------------------------------------------------------
                                  ...................  NA                   Fmsy                    1.47                       - 21 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ocean pout                        ...................  NA                   Fmsy                    0.760                      NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic halibut                  ...................  0.060                Frebuild                0.044                      - 27 %
--------------------------------------------------------------------------------------------------------------------------------------------------------
NA - not available

Proposed Management Measures

    All measures in effect prior to May 1, 2009, including the default 
measures relating to DAS reductions scheduled to go into place and not 
amended by this proposed interim rule, would remain in effect on and 
after May 1, 2009. This proposed interim action would implement 
management measures to reduce fishing mortality on the commercial and 
recreational fisheries, without compromising rebuilding objectives, as 
well as revise various management programs in order to mitigate the 
negative economic and social impacts of the FMP to ensure consistency 
with National Standards and required provisions of the Magnuson-Stevens 
Act and to enhance the likelihood of compliance with the measures. 
Routine specification of TAC and annual specifications for the U.S./
Canada Management Area are also proposed. As is more fully discussed 
later in this document, these measures would result in both 
quantifiable and non-quantifiable reductions in fishing mortality for 
virtually all of the NE multispecies stocks managed under the FMP.
    The proposed interim measures are designed to work in conjunction 
with the current FMP to achieve the fishing mortality requirements of 
the FMP. The analysis of this action presumes that the proposed 
measures would be in effect throughout FY 2009, and that a subsequent 
management action (Amendment 16) will be implemented on May 1, 2010. 
The current FMP management measures include a FY 2009 default measure 
that will change the allocation ratio of Category A:B DAS from 60:40 to 
55:45. This measure, therefore, is not discussed specifically in the 
description of the proposed interim measures that follows. NMFS 
anticipates that, if approved and implemented, this interim action may 
be renewed upon expiration for an additional 185 days, given that the 
Council does not anticipate the implementation of Amendment 16 until 
May 2010. The Council also recommended to NMFS that any interim action 
should be in effect for all of FY 2009. The following measures are 
proposed to be implemented on May 1, 2009, to reduce overfishing.

Commercial Measures

1. Differential DAS Counting
    Under this proposed interim action, the existing differential DAS 
areas in the GOM and SNE would no longer apply, and a single, larger 
differential DAS area would be implemented in the entire GOM and in the 
northern portion of GB, north of 41o 30'N. lat. For the revised Interim 
Differential DAS Area, the DAS accrual rate would be 2:1. In other 
words, under this action, if a vessel declares into the Interim 
Differential DAS Area for 10 hr, the vessel's DAS balance would be 
debited 20 hr. A vessel would not be charged at the differential DAS 
rate if it declared and transited to another area outside of the 
Interim Differential DAS Area. For example, if a vessel steams through 
the Interim Differential DAS Area on its way to and from the fishing 
grounds in the southern portion of the U.S./Canada Management Area, 
where DAS are not counted differentially, it would not be charged at 
the 2:1 rate for part of the trip spend steaming through the Interim 
Differential DAS Area. If a vessel declared and fished both inside the 
Interim Differential DAS Area and

[[Page 2964]]

outside that area on the same trip, it would be charged differential 
DAS (2:1) for all the DAS accrued on that trip.
    The interaction of current groundfish and non-groundfish regulatory 
programs and the different DAS counting rules would remain unchanged 
under this action (e.g., the cod running clock, Day Gillnet Category 
rules, the application of per DAS possession limits, the Eastern U.S./
Canada Area rules, use of Regular B DAS, and monkfish/groundfish 
permitted vessels fishing under a NE multispecies DAS). For example, 
vessels fishing in the Interim Differential DAS Area and the Eastern 
U.S./Canada Management Area (exclusively) would be charged at the 
differential DAS rate of 2:1, but would not be charged steaming time to 
or from the area. For vessels fishing in multiple geographic areas 
where different rules apply to each area (such as differential DAS and 
trip limits), the most restrictive rule would apply for the entire 
trip. The current regulations that allow monkfish Category C and D 
vessels to fish as a monkfish Category A or B vessel, and land monkfish 
under certain conditions, would still apply.
    As under the current regulations, vessels would be required to 
declare, prior to leaving port, their intent to fish in the Interim 
Differential DAS Area, via Vessel Monitoring System (VMS). The VMS 
declaration screens would be modified slightly to accommodate the fact 
that the southern border of the Interim Differential DAS Area divides 
the U.S./Canada Management Area into two portions. For example, a 
vessel intending to fish in the Eastern U.S./Canada Area would also 
have to specify whether it would also fish in the Interim Differential 
DAS Area.
    The Interim Differential DAS Area is proposed as a means to reduce 
fishing mortality on multiple stocks instead of further reductions in 
DAS allocations in order to provide flexibility for vessel owners.
2. SNE Closure Area
    The area in SNE between 40[deg] 30' and 41[deg] 30' N. lat., and 
west of 68[deg] 30' W. long. to the shore, including Nantucket Sound 
(30-minute square blocks of 97-107 and 80-90) would be closed to 
federally permitted groundfish vessels (both open access and limited 
access) when fishing on groundfish, with the exception of NE 
multispecies vessels using hook gear, provided such vessels do not 
retain winter flounder, and provided the vessels have only hook gear on 
board. This interim rule proposes that groundfish vessels using only 
hook gear on a particular trip may fish in the SNE Closure Area because 
the catch rate of winter flounder is likely to be very low. Non-
groundfish commercial trips fishing in exempted fisheries (e.g., summer 
flounder, scallop, and skate exemptions), or using exempted gear, could 
also fish in the SNE Closure Area. NE multispecies vessels not fishing 
in the SNE Closure Area would be allowed to transit through the area, 
provided all fishing gear is properly stowed. The SNE Closure Area is 
proposed as a means to reduce fishing mortality on SNE winter flounder 
primarily, but would also reduce fishing mortality on other stocks such 
as SNE/MA yellowtail flounder.
3. Modified Trip Limits
    Under this interim rule, the current white hake possession limit of 
1,000 lb (454 kg) per DAS would be increased to 2,000 lb (907 kg) per 
DAS, with the same maximum of 10,000 lb (4,536 kg) per trip, and the 
trip limit for GB winter flounder, currently 5,000 lb (2.268 kg) per 
trip, would be removed. No retention of any fish would be allowed for 
SNE winter flounder, northern windowpane flounder, or ocean pout. 
Vessels fishing for winter flounder or windowpane flounder in multiple 
stock areas would be subject to the most restrictive possession limit 
for the pertinent species. In other words, if a vessel fishes in the 
SNE winter flounder stock area and the GB winter flounder stock area on 
the same trip, the vessel would be subject to the prohibition on 
retention for that trip. Lastly, as explained further under item 7 
(``Annual Specifications for U.S./Canada Management Area''), a limit of 
5,000 lb (2,268 kg) of GB yellowtail flounder per trip would be 
specified. Modifications to trip limits are proposed as a means to 
reduce fishing mortality or increase yield because they are a 
management tool that can effectively target particular stocks and are 
an important component of the current FMP.
4. Specification of Target TACs
    Target TACs are utilized in the FMP as one method of evaluating the 
success of management measures and providing a way to make simple 
comparisons between different fishing years. Secondly, target TACs form 
the basis of calculating allocations of GB cod to sectors, and the 
basis of calculating the incidental catch TACs for the Special 
Management Programs. Table 3 lists the target TACs for FY 2009, based 
upon GARM III data and estimated CY 2008 fishing mortalities.

                  Table 3. Target TACs (mt) for FY 2009
------------------------------------------------------------------------
             Species                     Stock            Target TAC
------------------------------------------------------------------------
Cod                                GB                3,506
------------------------------------------------------------------------
Cod                                GOM               10,327
------------------------------------------------------------------------
Haddock                            GB                86,520
------------------------------------------------------------------------
Haddock                            GOM               1,564
------------------------------------------------------------------------
Yellowtail flounder                GB                1,617
------------------------------------------------------------------------
Yellowtail flounder                SNE/MA            389
------------------------------------------------------------------------
Yellowtail flounder                CC/GOM            860
------------------------------------------------------------------------
Plaice                             ................  3,214
------------------------------------------------------------------------
Witch flounder                     ................  928
------------------------------------------------------------------------
Winter flounder                    GB                2,004
------------------------------------------------------------------------
Winter flounder                    GOM               379
------------------------------------------------------------------------
Redfish                            ................  8,614
------------------------------------------------------------------------
White hake                         ................  2,376
------------------------------------------------------------------------
Pollock                            ................  6,486
------------------------------------------------------------------------
Windowpane flounder N.             ................  299
------------------------------------------------------------------------
Windowpane flounder S.             ................  338
------------------------------------------------------------------------
Halibut                            ................  68
------------------------------------------------------------------------
* A hard TAC, set through a separate process described in item 6.

5. Revisions to Incidental Catch TACs and Allocations to Special 
Management Programs
    This proposed interim action would revise the specification of 
incidental catch TACs applicable to the Special Management Programs of 
the FMP based upon the most recent scientific information. Incidental 
catch TACs are specified for certain stocks of concern for Special 
Management Programs in order to limit the amount of catch of stocks of 
concern that can be caught under such programs, and to fully account 
for fishing mortality. The incidental catch TACs apply to catch 
(landings and discards) caught under Category B DAS (either Regular or 
Reserve B DAS) on trips that end on a Category B DAS. The catch of 
stocks for which incidental catch TACs are specified on trips that 
start under a Category B DAS and then flip to a Category A DAS do not 
accrue toward such TACs.

[[Page 2965]]

    A stock of concern is defined as a stock that is in an overfished 
condition or subject to overfishing. Due to the revised status of 
stocks (GARM III) that would be adopted under this action, an 
incidental catch TAC would no longer be appropriate for American 
plaice, because it would no longer be considered a stock of concern. 
Further, new incidental catch TACs would be required for GOM winter 
flounder and pollock, because they would now be considered stocks of 
concern. The percentages that the TACs are currently based on would 
remain unchanged, with the exception of witch flounder, which would be 
reduced from 5-percent to 2-percent, due to its new proposed status and 
the fact that the fishing mortality rate and total catch need to be 
reduced. The incidental catch TACs for GOM winter flounder would be set 
at 5-percent, based on the rationale described in Framework (FW) 40A to 
the FMP: If the recent catch levels are less than the expected future 
catch levels, and proposed management measures are likely to achieve 
more than the required reduction in fishing mortality, then the size of 
an incidental catch TAC relative to the size of the overall TAC is 
larger (set as a larger percent). The incidental catch TAC for pollock 
would be set at 5-percent because of the prevalence of pollock catch in 
the Special Management Programs, and based upon the rationale cited 
above. The utility of the Special Management Programs would be severely 
constrained if the incidental catch TAC is set too low. The number of 
total incidental catch TACs would increase from the current number (8), 
to 10. Due to the severe fishing mortality reduction necessary for the 
SNE/MA stock of winter flounder, no retention of this stock would be 
allowed under this alternative, and there would be no incidental catch 
TAC specified (see additional discussion under item 10, Mitigating 
Measures). The calculation of incidental catch TACs by stock based on 
the target TACs is shown in Table 4.

                                   Table 4. Incidental Catch TACs for FY 2009
----------------------------------------------------------------------------------------------------------------
               Stock                 Percentage of Total TAC         Initial TAC             Incidental TAC
----------------------------------------------------------------------------------------------------------------
GB cod                              2                         3,506                     70.1
----------------------------------------------------------------------------------------------------------------
GOM cod                             1                         10,327                    103.3
----------------------------------------------------------------------------------------------------------------
GB yellowtail                       2                         1,617                     32.3
----------------------------------------------------------------------------------------------------------------
CC/GOM yellowtail                   1                         860                       8.6
----------------------------------------------------------------------------------------------------------------
SNE/MA yellowtail                   1                         389                       3.9
----------------------------------------------------------------------------------------------------------------
Pollock                             5                         6,486                     324.3
----------------------------------------------------------------------------------------------------------------
Witch flounder                      2                         928                       18.6
----------------------------------------------------------------------------------------------------------------
GB winter flounder                  2                         2,004                     40.1
----------------------------------------------------------------------------------------------------------------
White hake                          2                         2,376                     47.5
----------------------------------------------------------------------------------------------------------------
GOM winter                          5                         379                       19.0
----------------------------------------------------------------------------------------------------------------

    This proposed rule would also modify the allocation of the 
incidental catch TACs to the various Special Management Programs due to 
the change in status of stocks, as well as to optimize the design of 
the programs based on the operation of the programs since their 
inception. For example, the Eastern U.S./Canada Haddock SAP was not 
used at all in FY 2007, and only two trips were taken in the area in FY 
2006. Therefore, the percent allocations to this SAP would be reduced 
for GB cod, GB yellowtail, and GB winter flounder, and the percent 
allocation to the Regular B DAS Program would be increased due to 
higher participation in that program historically. Secondly, this rule 
would provide the Administrator, Northeast Region, NMFS (Regional 
Administrator) the authority to modify the allocations among programs 
in-season, or prior to the beginning of the season, because it is 
difficult to estimate the appropriate TAC since the level of 
participation and rate of catch of stocks of concern in the various 
programs is highly variable. The proposed changes to the allocations 
are summarized in Table 5. Table 6, contains the incidental catch TACs 
that result from applying the percentages in Table 5 to the incidental 
TACs in Table 4.

                                       Table 5. Modifications to the Incidental Catch TAC Allocations for FY 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Regular B DAS Program               Eastern U.S./Canada Haddock SAP        Closed Area I Hook Gear Haddock SAP
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Stock                    Current                New                Current                New               Current               New
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod                         50 %                 70 %                 34 %                 14 %                16 %                no change
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Yellowtail flounder         50 %                 80 %                 50 %                 20 %                ..................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Winter flounder             50 %                 80 %                 50 %                 20 %                ..................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock                        none                 90 %                 none                 5 %                 none                5 %
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 2966]]

 
GOM Winter flounder            none                 100 %                ...................  ..................  ..................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
GOM Cod                        100 %                100 %                ...................  ..................  ..................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
White hake                     100 %                100 %                ...................  ..................  ..................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
CC/GOM Yellowtail flounder     100 %                100 %                ...................  ..................  ..................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
SNE/MA Yellowtail flounder     100 %                100 %                ...................  ..................  ..................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Witch flounder                 100 %                100 %                ...................  ..................  ..................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Plaice                         100 %                none                 ...................  ..................  ..................  ..................
--------------------------------------------------------------------------------------------------------------------------------------------------------


        Table 6. Specification of Incidental Catch TACs for Special Management Programs (mt) for FY 2009
----------------------------------------------------------------------------------------------------------------
                                                                 Eastern U.S./Canada     Closed Area I Hook Gear
               Stock                  Regular B DAS Program          Haddock SAP               Haddock SAP
----------------------------------------------------------------------------------------------------------------
GB Cod                              49.1                      9.8                       11.2
----------------------------------------------------------------------------------------------------------------
GOM Cod                             103.3                     na                        na
----------------------------------------------------------------------------------------------------------------
GB Yellowtail flounder              25.9                      6.5                       na
----------------------------------------------------------------------------------------------------------------
CC/GOM Yellowtail flounder          8.6                       na                        na
----------------------------------------------------------------------------------------------------------------
SNE/MA Yellowtail flounder          3.9                       na                        na
----------------------------------------------------------------------------------------------------------------
Pollock                             291.9                     16.2                      16.2
----------------------------------------------------------------------------------------------------------------
Witch flounder                      18.6                      na                        na
----------------------------------------------------------------------------------------------------------------
GB Winter flounder                  32.1                      8.0                       na
----------------------------------------------------------------------------------------------------------------
White hake                          47.5                      na                        na
----------------------------------------------------------------------------------------------------------------
GOM Winter flounder                 19.0                      na                        na
----------------------------------------------------------------------------------------------------------------

6. Annual Specifications for U.S./Canada Management Area
    In consultation with the Council, NMFS annually implements 
management measures for the U.S./Canada Management Area through 
proposed and final rules. For FY 2009, because NMFS will also be 
proposing management measures for the entire fishery to reduce fishing 
mortality as described above and expects to implement measures for the 
entire FY 2009, NMFS is including the specification of the TACs and 
other measures for the U.S./Canada Management Area in this proposed 
rule in order to streamline the regulatory process.
    The FMP specifies a procedure for setting annual hard TAC levels 
(i.e., the fishery or area closes when a TAC is reached) for Eastern GB 
cod, Eastern GB haddock, and GB yellowtail flounder in the U.S./Canada 
Management Area. The regulations governing the annual development of 
TACs were implemented by Amendment 13 to the FMP in order to be 
consistent with the U.S./Canada Resource Sharing Understanding 
(Understanding), which is an informal (i.e., non-binding) understanding 
between the Northeast Region of NMFS and the Maritimes Region of the 
Department of Fisheries and Ocean of Canada (DFO) that outlines a 
process for the management of the shared GB groundfish resources. The 
Understanding specifies an allocation of TAC for these three stocks for 
each country, based on a formula that considers historical catch 
percentages and current resource distribution.
    Annual TACs are determined through a process involving the Council, 
the Transboundary Management Guidance Committee (TMGC), and the U.S./
Canada Transboundary Resources Steering Committee. In September 2008, 
the TMGC approved the 2008 Guidance Document for Eastern GB cod, 
Eastern GB haddock, and GB yellowtail flounder, which included 
recommended U.S. TACs for these stocks. The recommended FY 2008 TACs 
were based upon the most recent stock assessments TRAC Status Reports 
for 2008), and the fishing mortality strategy shared by both NMFS and 
DFO. The strategy is to maintain a low to neutral (less than 50-
percent) risk of exceeding the fishing mortality limit reference (Fref 
= 0.18, 0.26, and 0.25 for cod, haddock, and yellowtail flounder, 
respectively). When stock conditions are poor, fishing mortality rates 
should be further reduced to promote rebuilding.

[[Page 2967]]

    The TMGC concluded that the most appropriate combined U.S./Canada 
TAC for Eastern GB cod for FY 2009 is 1,700 mt. This corresponds to a 
low risk (less than 25- percent) of exceeding the Fref of 0.18 (i.e., 
Fmsy) in 2009. However, due to poor recruitment, there is a high risk 
(greater than 75-percent) that stock biomass will not increase from CY 
2009 to CY 2010. The annual allocation shares between countries for FY 
2009 are based on a combination of historical catches (15-percent 
weighting) and resource distribution based on trawl surveys (85-percent 
weighting). Combining these factors entitles the United States to 31-
percent of the shared TAC and Canada to 69- percent, resulting in a 
national quota of 527 mt for the United States and 1,173 mt for Canada.
    For Eastern GB haddock, the TMGC concluded that the most 
appropriate combined U.S./Canada TAC for FY 2009 fishing year is 30,000 
mt. This represents a low to neutral risk (greater than 25-percent but 
less than 50-percent) of exceeding the Fref of 0.26. Adult biomass is 
projected to peak at 158,000 mt in CY 2008 (reflecting the recruitment 
and growth of the exceptional 2003 year class), and decline to 131,000 
mt in 2010. The annual allocation shares between countries for FY 2009 
are based on a combination of historical catches (15-percent weighting) 
and resource distribution based on trawl surveys (85-percent 
weighting). Combining these factors entitles the United States to 37-
percent of the shared TAC and Canada to 63-percent, resulting in a 
national quota of 11,100 mt for the United States and 18,900 mt for 
Canada.
    For GB yellowtail flounder, the TMGC concluded that the most 
appropriate combined U.S./Canada TAC for the 2009 fishing year is 2,100 
mt. This corresponds to an F of 0.11, lower than the Fref of 0.25, and 
is consistent with the fishing mortality required to rebuild GB 
yellowtail flounder by 2014. With a catch of 2,100 mt in 2009, the age 
3+ biomass is expected to increase by about 21-percent. The annual 
allocation shares between countries for 2008 are based on a combination 
of historical catches (15-percent weighting) and resource distribution 
based on trawl surveys (85-percent weighting). Combining these factors 
entitles the U.S. to 77-percent of the shared TAC and Canada to 23-
percent, resulting in a national quota of 1,617 mt for the U.S. and 483 
mt for Canada.
    On October 8, 2009, the Council approved, consistent with the 2008 
Guidance Document, the following U.S./TACs recommended by the TMGC: 527 
mt of Eastern GB cod; 11,100 mt of Eastern GB haddock; and 1,617 mt of 
GB yellowtail flounder. The proposed 2009 fishing year TACs for the 
U.S./Canada Management Area represent a decrease for cod and yellowtail 
flounder, and an increase for haddock compared with those specified for 
the 2008 fishing year (Tables 7 and 8).

                   Table 7. 2009 U.S./Canada TACs (mt) and Percentage Shares (in parentheses)
----------------------------------------------------------------------------------------------------------------
                                             GB Cod                  GB Haddock          GB Yellowtail Flounder
----------------------------------------------------------------------------------------------------------------
Total Shared TAC                    1,700                     30,000                    2,100
U.S. TAC                            527 (31%)                 11,100 (37%)              1,617 (77%)
Canada TAC                          1,173 (69%)               18,900 (63%)              483 (23%)
----------------------------------------------------------------------------------------------------------------


                   Table 8. 2008 U.S./Canada TACs (mt) and Percentage Shares (in parentheses)
----------------------------------------------------------------------------------------------------------------
                                             GB Cod                  GB Haddock          GB Yellowtail Flounder
----------------------------------------------------------------------------------------------------------------
Total Shared TAC                    2,300                     23,000                    2,500
U.S. TAC                            667 (29%)                 8,050 (35%)               * 1,950 (78%)
Canada TAC                          1,633 (71%)               14,950 (65%)              550 (22%)
----------------------------------------------------------------------------------------------------------------
* Adjusted downward to 1,868.7 mt due to overharvest of 2007 TAC

    The 2009 TACs are based upon stock assessments conducted in June 
2008 by the TRAC. The proposed TACs are consistent with the results of 
the TRAC and the TMGC's harvest strategy, as well as the GB yellowtail 
flounder rebuilding plan implemented by FW 42. The regulations for the 
Understanding, promulgated by the final rule implementing Amendment 13, 
state that ``Any overages of the GB cod, haddock, or yellowtail 
flounder TACs that occur in a given fishing year will be subtracted 
from the respective TAC in the following fishing year.''
    Therefore, should an analysis of the catch of the shared stocks by 
U.S. vessels indicate that an over-harvest occurred during FY 2008, the 
pertinent TAC would be adjusted downward in order to be consistent with 
the FMP and Understanding. Although it is very unlikely, it is possible 
that a very large over-harvest could result in an adjusted TAC of zero. 
If an adjustment to one of the FY 2008 TACs of cod, haddock, or 
yellowtail flounder is necessary, the public will be notified through 
publication in the Federal Register and through a letter to permit 
holders.
    NMFS is also proposing, through the authority granted to the 
Regional Administrator by the FMP, measures to optimize the harvest of 
the shared resources. The regulations under Sec.  648.85(a)(3)(iv)(D) 
provide the Regional Administrator the authority to implement in-season 
adjustments to various measures in order to prevent over-harvesting, or 
to facilitate achieving the TAC.
    Based on the Council's vote to postpone the opening of the Eastern 
U.S./Canada Area for vessels fishing with trawl gear in FY 2008 from 
May 1, 2008, to August 1, 2008, and the success of this management 
measure in slowing the annual catch rate of cod during the early part 
of the year, NMFS is proposing this same measure for FY 2009. Thus, the 
FY 2009 opening of the Eastern U.S./Canada Area for trawl vessels would 
be postponed from May 1, 2009, until August 1, 2009, while allowing 
more selective longline gear access during May through July. Such 
vessels would be limited to a cod catch of 5-percent of the cod TAC, or 
26.4 mt of cod. The objective of the proposed action is to prevent 
trawl fishing in the Eastern U.S./Canada Area during the time period 
when cod bycatch is likely to be very high. The goal of this measure is 
to prolong access to this area in order to maximize the catch of 
available cod, haddock, and yellowtail flounder.
    Secondly, the Regional Administrator is proposing implementation of 
a possession limit of 5,000 lb (2,268 kg) per trip for GB yellowtail 
flounder. Although the regulations under Sec.  648.86(a)(3)(iv)(C) 
indicate an initial

[[Page 2968]]

trip limit of 10,000-lb (4,536 kg) at the beginning of a fishing year 
for GB yellowtail flounder, based on the yellowtail flounder catch rate 
from the U.S./Canada Management Area under a 5,000-lb (2,268-kg) trip 
limit during FY 2008, and analyses conducted by NMFS during FY 2007, a 
5,000-lb (2,268-kg) trip limit would be an appropriate trip limit to 
allow harvesting of the TAC and increase the likelihood that further 
restrictions will not be necessary during the fishing year to slow the 
catch rate.
    Third, the Regional Administrator is proposing to allow the use of 
the Ruhle Trawl in the Eastern U.S./Canada Area. Under current 
regulations, only a flounder net and the haddock separator trawl are 
permanently authorized for such use. The trawl, which is a modified 
trawl that substantially reduces the catch rate of most stocks of 
concern, was approved for use in the Regular B DAS Program and the 
Eastern U.S/Canada Haddock SAP (73 FR 40186, July 14, 2008). Approval 
of the use of the Ruhle trawl in the Eastern U.S./Canada Area would 
provide another alternative for trawl vessel operators and, therefore, 
provide additional flexibility. As detailed in the July 14, 2008 rule, 
the Ruhle trawl has been demonstrated to substantially reduce catch of 
many species of groundfish, and therefore its use would be consistent 
with the management objectives for the Eastern U.S./Canada Area.
    Lastly, the Regional Administrator is proposing zero trips into the 
Closed Area (CA) II Yellowtail Flounder SAP during FY 2009, based on a 
determination that the available TAC of GB yellowtail flounder is 
insufficient to support a minimum level of fishing activity within the 
CA II SAP. The Regional Administrator has the authority to determine 
the allocation of the total number of trips into the CA II SAP based 
upon several criteria, including: GB yellowtail flounder TAC level and 
the amount of GB yellowtail flounder caught outside of the SAP. As 
implemented by FW 40B, zero trips to this SAP should be allocated if 
the available GB yellowtail flounder catch is not sufficient to support 
150 trips with a 15,000-lb (6,804-kg) trip limit (i.e., if the 
available GB yellowtail flounder catch is less than 1,021 mt). This 
calculation takes into account the projected catch from the area 
outside of the SAP. Based on the estimate for catch outside of the SAP 
utilized for FY 2008 (1,376 mt), and the proposed GB yellowtail 
flounder TAC for FY 2009 (1,617 mt), there is insufficient available 
catch to allow the SAP to proceed (i.e., 1,617--1,376 = 241; 241 < 
1,021 mt).
7. Haddock TAC for CA I Hook Gear Haddock SAP
    Under this action, a haddock TAC for the CA I Hook Gear Haddock SAP 
would be specified based upon the GARM III stock assessment and a 
formula implemented in FW 42. The haddock TAC in a particular year is 
based upon the TAC that was specified for the SAP in 2004 (1,130 mt), 
and scaled according to the size of the exploitable biomass of western 
GB haddock compared to the biomass size in 2004 (35,317 mt). The size 
of the western component of the GB haddock stock is estimated as 35-
percent of the size of the total GB haddock stock. Therefore, if the 
2007 exploitable biomass of haddock is 321,870 mt, the formula and 
resultant TAC would be as follows: ((.35)(321,870)/35,317) x 1,130 = 
3,604.5 mt.
8. Elimination of the SNE/MA Winter Flounder SAP
    The SNE/MA Winter Flounder SAP currently allows a limited access NE 
multispecies vessel fishing for summer flounder west of 72[deg] 30' W. 
long. to retain up to 200 lb (91 kg) of winter flounder while not under 
a NE multispecies DAS, provided the vessel complies with various 
restrictions. Due to the severely depleted status of SNE/MA winter 
flounder, and the goal of reducing fishing mortality to as close to 
zero as practicable, this SAP would be eliminated. Because the SAP 
could enable limited targeting of winter flounder, elimination of the 
SAP may prevent some catch of winter flounder from occurring.
9. Elimination of the State Waters Winter Flounder Exemption
    The State Waters Winter Flounder Exemption currently allows vessels 
issued a NE multispecies permit to fish in state waters for winter 
flounder using gear with mesh smaller than required for other vessels 
in the fishery (provided various requirements and criteria are met). 
Due to the severely depleted status of the SNE/MA winter flounder 
stock, and the goal of reducing fishing mortality to as close to zero 
as practicable, this SAP would be eliminated. Because the SAP could 
enable limited targeting of winter flounder, elimination of the SAP may 
prevent some catch of winter flounder from occurring.
10. Mitigating Measures
    Reduction of Haddock Minimum Size. Under this interim action, the 
haddock minimum size would be reduced to 18 inches (45 cm) for both the 
commercial and recreational fisheries in order to increase yield and 
decrease bycatch (as defined by the Magnuson-Stevens Act). Information 
from GARM III indicates that the GB stock is very large and is rebuilt, 
while the GOM stock is 99-percent rebuilt. Furthermore, a portion of 
the large 2003 year class of haddock is still below the current 19-inch 
(47.5- cm) minimum size. A reduced minimum size for haddock would allow 
vessels to retain additional haddock, thereby increasing yield for this 
species. Other recreational measures are described under item 11.
    Extension of the Eastern U.S./Canada Haddock SAP. The Eastern U.S./
Canada Haddock SAP, which is set to expire at the end of FY 2008 on 
April 30, 2009, would be extended through this proposed interim action, 
in order to continue to facilitate access to GB haddock. This SAP 
allows vessels fishing with trawl gear to fish in a portion of the 
Eastern U.S./Canada Area, including a section of the northern portion 
of CA II (the ``triangle''), under a Regular B DAS or a Reserve B DAS. 
This SAP allows a vessel to utilize a Category B DAS and fish in the 
``triangle'' that is not otherwise accessible. The geographic area 
would remain unchanged, and the rules that apply would remain 
unchanged, with the exception of the reallocation of the incidental 
catch TACs (see Table 5).
    When fishing in this SAP, vessels must currently fish with either a 
haddock separator trawl or a Ruhle Trawl, and are subject to 
restrictive possession limits in order to provide an incentive to 
correctly use the specialized trawl gear to help minimize bycatch of 
stocks of concern. Catch of stocks of concern on trips that end under a 
B DAS count toward the incidental catch TACs specified for pollock, GB 
cod, GB winter flounder, and GB yellowtail flounder (see Table 6). The 
total amount of these stocks of concern caught is limited by these 
incidental catch TACs and the program is typically subject to a higher 
level of observer coverage than the NE multispecies fishery at large. 
Furthermore, there are specialized rules that are required when fishing 
in this SAP, including those regarding observer notification, VMS 
declaration, reporting requirements, and a no discard provision.
    Modifications to the Regular B DAS Program. The Regular B DAS 
Program was designed to provide opportunities to target healthy stocks 
without threatening stocks for which a mortality reduction is required. 
The program allows the use of Regular B DAS, provided the Program 
requirements designed to minimize impacts of stocks

[[Page 2969]]

of concern are met. Under this proposed rule, in addition to the 
modifications proposed under item 5 (Revisions to Incidental Catch TACs 
and Allocations to Special Management Programs), several revisions 
would be made to the Regular B DAS Program in order to address the 
current status of stocks and necessary reductions to fishing mortality, 
as well as to maintain the usefulness of the Regular B DAS Program. 
Under current regulations, the Regional Administrator has the authority 
to close the Regular B DAS Program if it is projected that continuation 
of the Regular B DAS Program would undermine the achievement of the 
objectives of the FMP. In addition to monitoring the incidental TACs 
proposed under item 5, NMFS would closely monitor the level of 
discarding of stocks that are proposed to have zero retention, but for 
which there is no incidental TAC proposed (i.e., SNE/MA winter 
flounder, northern windowpane flounder, and ocean pout) to ensure that 
fishing mortality objectives for all stocks are not jeopardized.
    In order to prevent the quarterly incidental catch TACs from 
limiting the usefulness of the program, any quarterly incidental catch 
TAC that remains uncaught from quarters one, two, and three would roll 
over into the subsequent quarter.
    Due to the number of flatfish stocks that need reductions in 
fishing mortality, the use of low profile (tie-down) gillnets under 
this interim action would be prohibited on trips fishing under the 
Regular B DAS Program. Within the NE multispecies fishery, flatfish are 
traditionally targeted by reducing the vertical height of bottom-set 
gillnets by tying the floatline of a gillnet to the leadline, or 
modifying the construction of the floatline to reduce or eliminate its 
buoyancy. Thus, because most stocks of concern are flatfish and 
targeting stocks of concern is not consistent with the goals of the 
Regular B DAS Program, the use of low profile gillnet gear would be 
prohibited under this Program. The use of gillnet gear to catch haddock 
would still be allowed.
    Under current regulations, when 100 percent of the Incidental Catch 
TAC for white hake has been harvested, vessels fishing under a Regular 
B DAS are prohibited from retaining white hake. This is in contrast to 
the rules pertaining to the other Incidental Catch TACs in the Regular 
B DAS Program, whereby when the TAC is projected to be harvested, the 
use of Regular B DAS are prohibited in the pertinent stock area for the 
duration of the quarter. This proposed interim rule would treat pollock 
and witch flounder in the same manner as white hake. Therefore, when 
100 percent of the Incidental Catch TAC for white hake, pollock, or 
witch flounder has been harvested, vessels fishing under a Regular B 
DAS would be prohibited from retaining white hake, pollock, or witch 
flounder, respectively. Because white hake, pollock, and witch flounder 
have stock areas that cover the GOM, GB, and SNE/MA areas, if the 
harvest of the TAC were to trigger a shutdown of the pertinent stock 
area, the entire Regular B DAS Program would be shut down. The Regional 
Administrator would be provided the authority to modify the pertinent 
possession restriction, or implement other measures, including a 
partial closure for the Regular B DAS Program, in order to prevent 
excessive discarding of the stock.
    DAS Leasing Program Modifications. Under this proposed rule, the 
current prohibition on leasing DAS between sector and common pool 
vessels would be eliminated in order to increase flexibility and 
efficiency in the DAS leasing market. Secondly, the limit on the 
maximum number of DAS that a vessel sector and common-pool vessels may 
lease would be eliminated. Amendment 13 implemented a restriction that 
a lessee may lease Category A DAS in an amount up to the vessel's FY 
2001 allocation (excluding carry-over DAS from the previous year, or 
additional DAS associated with obtaining a Large Mesh permit). This 
restriction would be removed in order to increase flexibility and 
efficiency in the DAS leasing market. These mitigation measures, 
including the DAS Transfer Program modifications described below, would 
also enhance the likelihood of compliance with the measures by 
providing additional fishing opportunities.
    DAS Transfer Program Modifications. Under this proposed rule, the 
DAS conservation tax would be removed from the DAS Transfer Program. 
Specifically, the mandatory reduction of Category A and B DAS (20 
percent), and Category C DAS (90 percent), would no longer apply when 
vessels participate in the DAS Transfer Program. The Council, is 
expected to propose modifications to the DAS Transfer Program in 
Amendment 16 in order to provide an additional incentive to permanently 
transfer groundfish DAS, provide for parity of the DAS Transfer Program 
with the DAS Leasing Program, facilitate consolidation of permits, and 
provide flexibility for vessels to mitigate the negative impacts of DAS 
reductions and other management measures. NMFS is proposing this 
temporary modification to the program for the same reasons the Council 
is expected to propose such changes. The limited duration of the tax-
free period (due to the limited duration of the proposed interim 
action) would limit the amount of any effect the change may have on 
increasing the overall DAS use rate. NMFS is not proposing a DAS tax 
refund, because it would be counter to the regulations that have been 
in place.
11. Recreational Measures
    This action proposes to reduce fishing mortality on the GOM cod, GB 
cod, and SNE winter flounder fisheries for private recreational vessels 
fishing in the EEZ and for federally permitted charter/party vessels, 
commensurate with the reduction proposed for the commercial fishery. 
Following are the recreational measures proposed under this action: The 
current seasonal prohibition on the possession of GOM cod for both 
private recreational and charter/party vessels would be extended from 
its current duration of November through March, to November through 
April 15. Secondly, this action would implement a GB cod trip limit of 
10 cod per person per day for charter/party vessels, consistent with 
the GB cod trip limit for private recreational vessels. Retention of 
winter flounder caught in the SNE/MA stock area would be prohibited for 
both private recreational and charter/party vessels. Recreational 
vessels in possession of winter flounder caught outside of the SNE/MA 
winter flounder stock area could transit this area, provided all bait 
and hooks are removed from fishing rods, and any winter flounder on 
board has been gutted and stored. Lastly, as a mitigation measure as 
further described above, the minimum size for haddock caught by 
recreational vessels fishing in the EEZ and federally permitted 
charter/party vessels would be reduced to 18-inches (45.7-cm).
12. Council's Recommended Measures for Interim Action Considered, but 
Rejected
    At it's September 4, 2008, meeting, the Council recommended that 
NMFS implement an interim action for the duration of FY 2009 and 
proposed specific management measures. The Council's alternative 
proposed an 18-percent default DAS reduction; and target TACs for GB 
yellowtail flounder, SNE/MA yellowtail flounder, CC/GOM yellowtail 
flounder, American plaice, witch flounder, GB winter flounder, GOM 
winter flounder, redfish, white hake, pollock, GB cod, and GOM cod. The 
Council's proposed TACs were those associated with Frebuild for all

[[Page 2970]]

stocks except for the two cod stocks, which would be the TACs 
associated with Fmsy, and the TAC for SNE/MA winter flounder, which 
would be lower than that associated with Fmsy. The Council's proposal 
also included a 5,000-lb (2,268-kg) trip limit for SNE/MA winter 
flounder, and a 1,000-lb (454-kg)/DAS and 5,000-lb (2,268-kg)/trip 
limit for witch flounder. TAC overharvests in FY 2009 would be deducted 
from the FY 2010 TACs, and sectors would not be held responsible for FY 
2009 over-harvests that they were not responsible for. Amendment 16 was 
proposed as the means by which the FY 2009 TAC overharvests would be 
reconciled in FY 2010.
    In addition, the Council recommended mitigation measures, as 
follows: An 18-inch (45-cm) haddock minimum fish size; extension of the 
Eastern U.S./Canada Haddock SAP; expansion of the CA I Hook Gear 
Haddock SAP; removal of the DAS Transfer Program's conservation tax; 
and removal of the restriction that prohibits sector members from 
leasing to and from common pool vessels.
    Although, for some stocks, the appropriate amount of catches in FY 
2009 (i.e., the projected TACs associated with Fmsy or F rebuild) would 
be similar to or larger than recent catch levels, because of the large 
fishing mortality reductions necessary to end overfishing NMFS has 
determined that the Council's recommended measures to reduce fishing 
mortality are insufficient to meet NMFS' objectives.
    To estimate the amount of fishing mortality that can be expected 
from a given allocation of DAS, NMFS utilizes the Closed Area Model 
(CAM), which incorporates multiple factors, and provides indications of 
relative changes in fishing exploitation. NMFS could not adopt the 
Council's alternative because CAM analyses of a similar alternative 
(i.e., the no action alternative), indicated that fishing mortality 
reductions would be insufficient for a number of stocks (7 of 11 
requiring fishing mortality reductions). Even if the trip limits 
associated with the Council's alternative achieved the witch flounder 
objective, the fishing mortality associated with six stocks would have 
been excessive. Further, deductions of TAC overharvests in the 
subsequent fishing year would compound the challenge of rebuilding 
stocks (depending upon the biomass trend, stock structure, and 
recruitment) in the time required by the Magnuson-Stevens Act and the 
FMP. Finally, an interim action cannot implement measures that would go 
into place in a subsequent fishing year, such as a TAC deduction for 
over-harvest that could occur in 2009, because of the statutory 
limitations on its duration.
    NMFS explored whether the Council's recommended measures could be 
modified to meet the objectives of the interim action, and developed a 
hard TAC alternative in order to reduce the risk that appropriate catch 
levels would be exceeded. As detailed in the EA developed for this 
proposed action, NMFS ultimately rejected the hard TAC alternative for 
two principal reasons: 1) It is likely that the TACs for at least two 
stocks (GB cod and pollock) would have resulted in fishery closures 
relatively early in each trimester, thereby causing severe economic 
costs to the industry; and 2) the complexity of a hard TAC management 
system and the associated cost and difficulties in its implementation 
to both the fishing industry and NMFS would make it impractical to 
successfully implement in the short period of an interim action and 
possibly inconsistent with Magnuson-Stevens Act National Standards and 
required provisions.
    This proposed interim action would adopt the following mitigation 
measures proposed by the Council: Extension of the Eastern U.S./Canada 
Haddock SAP; revision of the DAS Leasing Program; revision of the DAS 
Transfer Program; and reduction of the haddock minimum size limit.
    NMFS considered but rejected the Council's Amendment 16 proposed 
mitigating measures that would modify the CA I Hook Gear Haddock SAP, 
and the extension of the CA II Yellowtail Flounder SAP to include 
haddock. The Amendment 16 proposal to modify the CA I Hook Gear Haddock 
SAP would expand the geographic and temporal scope of the SAP. The 
expansion of the CA I Hook Gear Haddock SAP is not supported by 
relevant research. The data relied upon for the approval of the CA I 
Hook Gear Haddock SAP in FW 40A were from the months of October through 
December. These data supported the determination that the SAP would 
have minimal impacts on stocks of concern (notably cod). In contrast, 
the SAP, as expected to be proposed in Amendment 16, would be open for 
a 9-month period from May through January. NMFS is unaware of pertinent 
research that would support the conclusion that the expansion would 
have minimal impacts on stocks of concern. Although the expansion of 
the SAP may provide some mitigating effect for some members of the 
fishery, only one gear type would be affected and the measures would 
represent an expansion of effort into a closed area. Such an expansion 
may not be fully consistent with the intent of this action.
    Similarly, the Council's proposal for the CA II Yellowtail Flounder 
SAP, which would allow targeting of either haddock or yellowtail 
flounder in this area, would represent a major modification to this 
SAP. NMFS is unaware of pertinent research that would support the 
conclusion that the expansion would have minimal impacts on stocks of 
concern. Therefore, the Council's proposed SAP modification may have 
potential adverse impacts on stocks of concern, and could undermine the 
utility of CA II.

Classification

    Because this action is a proposed rule, at this time, NMFS has not 
made a final determination that the interim measures that this proposed 
rule would implement are consistent with the national standards of the 
Magnuson-Stevens Act and other applicable laws. NMFS, in making this 
final determination, will take into account the data, views, and 
comments received during the comment period.
    This proposed rule has been determined to be significant for the 
purposes of Executive Order (E.O.) 12866.
    This proposed rule does not contain policies with Federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively. This proposed rule does not contain any new 
recordkeeping or reporting requirements.
    NMFS prepared an IRFA as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action are contained in the preamble to this proposed rule and in the 
Executive Summary and Background (Section 3.0) of the EA prepared for 
this action.
    As described above, this action is necessary to comply with the 
fish stock rebuilding requirements of the FMP and the Magnuson-Stevens 
Act. In response to new scientific information, this action would 
reduce fishing mortality on all groundfish stocks and provide 
flexibility to the fishing industry to adapt to the new regulations and 
help mitigate negative economic impacts. The principal goal of this 
interim action is to eliminate or reduce overfishing and achieve the 
rebuilding fishing mortality rates to the extent practicable for an 
interim period, while the Council develops more comprehensive, 
permanent measures. The Preferred Alternative would achieve an 
appropriate balance of short-term costs

[[Page 2971]]

and benefits that would strictly maintain adherence to rebuilding plans 
for most stocks, and reduce fishing mortality to Fmsy or below for all 
stocks except northern windowpane flounder.
    NMFS fully analyzed and considered three principal alternatives 
(plus the No Action Alternative), and considered, but did not fully 
analyze, several additional alternatives characterized as considered 
but rejected. Alternative 1 relies upon an 18-percent DAS reduction 
combined with two different configurations of differential DAS areas; 
Alternative 2 is based upon a 40-percent DAS reduction; and Alternative 
3, the Preferred Alternative relies on an 18-percent DAS reduction and 
one large differential DAS area. Fishing mortality reductions for all 
three alternatives include management measures for the commercial and 
recreational portions of the fishery. The No Action Alternative 
consists of the management measures currently in effect for the FMP, as 
well as the May 1, 2009, default measures specified under Amendment 13. 
Under the default measures, Category A DAS would be reduced by 
approximately 18-percent, and all other management measures would 
remain the same. Under all alternatives (except the No Action 
Alternative) the trip limit for white hake would be modified from 
1,000-lb (454- kg) per DAS, to 2,000-lb (907-kg) per DAS (with the 
maximum per trip remaining at 10,000-lb (4,536-kg)); the current trip 
limit of 5,000-lb (2,268-kg)/trip for GB winter flounder would be 
removed; and the retention of ocean pout, SNE winter flounder, and the 
northern stock of windowpane flounder would be prohibited. Also, under 
all alternatives, a SNE Closure Area is being proposed to protect SNE 
winter flounder. Furthermore, the two current regulatory programs that 
allow vessels to retain winter flounder (that would otherwise be 
prohibited from retaining winter flounder) would be eliminated, i.e., 
the SNE Winter Flounder SAP and the State Waters Winter Flounder 
Exemption.
    The following measures for the recreational sector would be 
implemented under the Preferred Alternative, as well as the other two 
principal alternatives considered: The current seasonal prohibition on 
the retention of GOM cod (for both private recreational vessels fishing 
in the EEZ and federally permitted party/charter vessels) would be 
lengthened by 2 weeks, with the resulting seasonal closure of November 
through April 15; persons fishing on federally permitted party/charter 
vessels would be prohibited from possessing more than 10 cod per day 
(caught anywhere), a more restrictive limit than the current limit of 
10 cod per day when fishing only in the GOM; and private recreational 
vessels fishing in the EEZ and federally permitted party/charter 
vessels would not be allowed to retain SNE winter flounder.
    In addition, the following mitigation measures would be implemented 
under the proposed rule and other alternatives considered: The DAS 
Transfer Program would be modified to remove the DAS tax on transferred 
DAS; the Eastern U.S./Canada Haddock SAP, which is scheduled to expire, 
would be renewed; the DAS Leasing Program rules would be modified to 
remove the cap on the number of DAS that can be leased and to allow 
leasing between sector and common pool vessels; the minimum size for 
haddock would be reduced from 19 inches (47.5 cm) to 18 inches (45 cm) 
for both the recreational and commercial fisheries; and modifications 
would be made to the Regular B DAS Program, including roll-over of 
quarterly incidental catch TACs. A more detailed description of the 
proposed and other two principal alternatives analyzed and considered 
may be found in the preamble of this proposed rule and in the EA, 
respectively.

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

    The Preferred Alternative would affect regulated entities engaged 
in commercial fishing for groundfish and entities that provide 
recreational fishing services to anglers. These entities include any 
vessel that has been issued either an open access or a limited access 
Federal permit under the FMP. The size standard for commercial fishing 
entities is $4 million in sales, while the size standard for party/
charter operators is $7 million in sales. Available data indicate that, 
based on 2005-2007 average conditions, median gross sales by commercial 
fishing vessels were just over $200,000 and no single fishing entity 
earned more than $2 million. Available data are not adequate to 
identify affiliated vessels, so each operating unit is considered a 
small entity for purposes of the RFA. For regulated party/charter 
operators, the median value of gross receipts from passengers was just 
over $9,000 and did not exceed $500,000 in any year during 2001 to 
2007. Therefore, all regulated commercial fishing and all regulated 
party/charter operators are determined to be small entities under the 
RFA, and , accordingly, there are no differential impacts between large 
and small entities under his proposed rule. The remaining discussion 
describes the number of regulated entities, the number of participating 
regulated entities, and the potential economic impacts on participating 
regulated entities for party/charter operators and for commercial 
fishing vessels.

Economic Impacts of the Proposed Action

    The Preferred Alternative contains several different measures that 
may affect regulated vessels holding either an open access or limited 
access NE multispecies permit. During FY 2007, there were a total of 
1,292 commercial open access permits (Handgear B) and a total of 1,530 
limited access permits issued. Of these permits, 664 limited access 
permit holders and 123 open access permit holders participated in the 
groundfish fishery during FY 2007. The principal proposed management 
measures include a reduction in DAS; specification of differential DAS 
in the entire GOM, as well as a portion of GB; a SNE Closure Area; and 
modifications to trip limits. Because of statutory and regulatory 
requirements to meet certain conservation objectives, the overall short 
term economic impact of the proposed action and any alternative 
considered would be negative.
    Region-wide, the impact on revenue received on trips where 
groundfish were landed was estimated to fall by 31 percent, while sales 
of all species was estimated to be reduced by 20 percent (from $156 
million to $126 million). Among individual vessels, a small number of 
regulated entities, primarily from NJ, may be able to increase sales 
due to the location of the SNE Closure Area relative to taking no 
action (i.e., the SNE Differential DAS Area would remain in place under 
the No Action Alternative). That is, fishing opportunities in the area 
that would now be opened to these vessels would more than offset the 
changes in trip limits and DAS reduction. However, for the overwhelming 
majority of regulated small entities, the economic impacts would be 
negative. The impact on total revenue would vary depending on a port's 
dependence on groundfish, with the greatest reductions for ME and MA 
(34 percent and 27 percent, respectively). For vessels that fish 
exclusively in the GOM, the 2:1 differential DAS counting, coupled with 
the default 18-percent reduction in DAS, is equivalent to a 36-percent 
reduction in DAS. For vessels with a low dependence on groundfish, even 
this reduction in DAS may not result in a large reduction in total 
catch. The combination of where vessels fish, and higher dependence on 
groundfish trip

[[Page 2972]]

income, results in the highest impacts on fishing revenue.
    The estimated reduction in total revenue to NH and CT home port 
vessels was 16 percent, and 17 percent, respectively. For the other 
states, the expected reduction ranged from 6 percent in NY to 8 percent 
in RI.
    In relative terms, the proposed measures would have similar impacts 
among vessels of different sizes. Among the most affected vessels (the 
20 percent that would experience the greatest impacts), the adverse 
impact on small vessels was less (39 percent) than for either medium or 
large vessels. For those vessels least affected by the Preferred 
Alternative, with respect to impacts by primary fishing gear, the 
reduction in total revenue was similar for vessels using gillnet or 
trawl gear. However, for those vessels more highly impacted by the 
Preferred Alternative, trawl gear impacts were higher than for either 
gillnet or hook gear vessels. For trawl vessels, an average to above 
average level of severity of impacts would mean a 30 percent reduction 
in total revenue, whereas gillnet and hook gear vessels would 
experience a 19 percent and 12 percent reduction, respectively.
    Although analyses of the anticipated impacts of past management 
actions and subsequent comparison with the realized impacts of such 
actions suggests that realized revenue losses have been lower than 
estimated, the proposed restrictions would make it more difficult for 
vessels to cover fixed costs on available groundfish trips and would 
place greater pressure on vessels to earn additional income from non-
groundfish fishing opportunities. The proposed action would implement 
some mitigating measures, but not all vessels would be able to take 
advantage of these opportunities; some would still require financial 
outlays that may not be supportable, given the reduced fishing 
opportunities that would be available.
    The proposed measures would affect not only regulated entities 
engaged in commercial fishing for groundfish, but also entities that 
provide recreational fishing services to anglers. Available data 
indicate that, of the 92 federally permitted charter/party vessels that 
reported keeping cod, haddock, or winter flounder, approximately one-
third would be adversely affected by one or more of the proposed 
measures, and about two-thirds of participating party/charter operators 
would not be adversely affected. Party/charter receipts may be expected 
to be reduced by approximately 6 percent. The impact of extending the 
closed season for recreationally caught GOM cod is difficult to predict 
due to the highly variable catch during the month of April. Reducing 
the size limit for haddock would increase the number of opportunities 
to keep haddock on all fishing trips.
    The overall economic impact of the FY 2009 U.S./Canada TACs would 
likely be similar or slightly negative, compared to the economic 
impacts of the TACs specified for FY 2008. The specification of the 
proposed U.S./Canada TACs would result in a similar, or slightly 
reduced level of income from trips into the U.S./Canada Management 
Area. The FY 2009 cod and yellowtail flounder TACs would represent a 
decrease from the FY 2008 TAC levels. The changes in TAC reflect 
changes in stock size and the U.S. percentage share.
    The principal effort reduction measures may reduce monkfish fishing 
effort due to the requirement that limited access monkfish Category C 
and D vessels that also hold a NE multispecies DAS permit use a NE 
multispecies DAS in conjunction with a monkfish DAS. The proposed 
measures would particularly impact those vessels with relatively few 
multispecies DAS. Monkfish vessels with a Category C or D permit may 
experience revenue loss if they previously fished in the proposed SNE 
Closure Area and cannot catch a similar amount of monkfish from outside 
of this area. The current regulations that allow limited access 
monkfish Category C and D vessels with fewer allocated NE multispecies 
DAS than allocated monkfish DAS to fish the difference between these 
two allocations, as monkfish-only DAS would still apply and would help 
mitigate the impact of the proposed measures (in particular, the 
reduction in NE multispecies DAS and the SNE Closure Area) on monkfish 
fishing effort.
    The two primary skate fisheries, a wing fishery and a lobster bait 
fishery, are largely interwoven with the NE multispecies fishery. The 
regulations require that vessels must be fishing on a NE multispecies, 
monkfish, or scallop DAS, or fish in an exempted fishery, in order to 
possess skates. The vast majority of skate landings are landed on NE 
multispecies Category A DAS, and the DAS restrictions and SNE Closure 
Area of the Preferred Alternative would reduce fishing effort on 
skates. Thus, the proposed measures would have a negative economic 
impact on the skate fishery. The SNE Closure Area may have a greater 
negative impact on the skate bait fishery than the skate wing fishery, 
because the SNE Closure Area encompasses the bulk of the area fished in 
the skate bait fishery. If vessels were able to catch skate outside of 
the SNE Closure Area, the impacts would be mitigated.

Economic Impact of Alternatives to the Proposed Action

    Under the No Action Alternative the estimated groundfish trip 
revenue would decline by 12.1 percent to $89 million, and total fishing 
revenue would decline by 7.7 percent to $145 million. The relative 
reduction in groundfish trip revenue varied little by home port state 
ranging from 10.3 percent to 12.8 percent. However, the change in total 
trip revenue varied among home port states primarily based on the 
relative contribution of groundfish trip revenue to total revenue. For 
example, total trip revenue declined by approximately 10 percent in ME, 
NH, and MA, but declined by no more than 6 percent in any other state. 
The change in revenue for individual vessels depends upon DAS use rate, 
as well as dependence upon groundfish. Under No Action, any vessel 
whose current DAS use rate was low would be unaffected, since their 
allocated A DAS under No Action would still be greater than the DAS 
they used. In relative terms, the No Action alternative would have 
similar impacts among vessels of different sizes. Among primary gears, 
the relative distribution of adverse impact on total revenue was nearly 
identical for vessels using gillnet or trawl gear, and less for most 
hook vessels.
    Under Alternative 1 (inshore and offshore GOM differential DAS 
areas, with a relative high rate), the estimated groundfish trip 
revenue would decline by 28 percent to $72 million, and total fishing 
revenue would decline by 18 percent to $129 million. Alternative 1 
would have an adverse impact on 477 of the 509 vessels included in the 
analysis. With a few exceptions, Alternative 1 would have similar 
impacts among vessels of different sizes. Compared to all other states, 
adverse impact on fishing revenue for ME home port vessels was much 
higher for vessels up to the 20th percentile (12 percent), and was 
higher for vessels between the 20th percentile and the median (21 
percent). At intervals above the median, the impacts on ME home port 
vessels were similar to those on MA home port vessels. Vessels with 
high dependence on groundfish trip revenue may be expected to be more 
adversely affected by Alternative 1 than less dependent vessels.
    Alternative 1 reduces fishing effort, and therefore reduces 
opportunities to catch and land skates. Compared to the No Action 
alternative, Alternative 1 would have negative economic impacts

[[Page 2973]]

on skate fishing vessels. The SNE Closure Area may have greater 
negative economic impacts on the skate bait fishery than on the skate 
wing fishery. Skate vessels potentially impacted by the SNE Closure 
Area may be able to mitigate some of their revenue losses by fishing in 
exempted fisheries. In general terms, Alternative 1 could have greater 
negative economic impacts on skate vessels than the other alternatives 
due to the 2.25:1 differential DAS area in the western GOM, where a 
great deal of skate fishing occurs.
    Under Alternative 1, the 18-percent DAS reduction may reduce 
monkfish fishing effort, due to the requirement that limited access 
monkfish Category C and D vessels that also hold a NE multispecies DAS 
permit use a NE multispecies DAS in conjunction with a monkfish DAS. 
However, the existing regulation that allows limited access monkfish 
Category C and D vessels with fewer allocated NE multispecies DAS than 
allocate monkfish DAS to use the difference between these two 
allocations as monkfish-only DAS will help mitigate such impact on 
monkfish fishing effort. The SNE year-round closure, although smaller 
in size than the SNE Differential DAS Area currently in effect, would 
likely impact inshore monkfish gillnet vessels that fish in this 
region, reducing monkfish fishing effort overall in this area with a 
subsequent negative economic impact to the monkfish fishery. The extent 
of this potential negative social and economic impact would depend on 
the number of limited access monkfish Category C and D vessels actively 
fishing in the statistical areas encompassed by the closure, how much 
monkfish is landed from these areas, and whether or not these vessels 
could move their fishing operations into an open area in an effort to 
mitigate the impacts of the closure.
    Under Alternative 2 (40-percent DAS reduction), the estimated 
groundfish trip revenue would decline by 33 percent to $68 million and 
total fishing revenue would decline by 21 percent to $124 million. 
Reflecting the relatively larger share of groundfish trip income in 
total revenue, the expected reduction in total fishing revenue was 
estimated to be at least 25 percent in ME (27 percent), and MA (27 
percent). Across all vessels, gross revenues for only eight of the 
vessels included in the analysis would not change relative to status 
quo conditions, while for the remaining vessels the estimated reduction 
in total revenue ranged from 3 percent to 37 percent. In relative 
terms, Alternative 2 would have somewhat similar impacts among vessels 
of different sizes. Among primary gears the relative distribution of 
adverse impact on total revenue was similar for vessels using gillnet 
or trawl gear. The relative distribution of adverse impacts differed 
between states that border the GOM (ME, NH, and MA) and those that do 
not. Vessels with high dependence on groundfish trip revenue may be 
expected to be more adversely affected by Alternative 2 than less 
dependent vessels.
    Alternative 2 reduces fishing effort, and therefore reduces 
opportunities to catch and land skates. Compared to the No Action 
alternative, Alternative 2 would be expected to have negative economic 
impacts on skate fishing vessels. The SNE Closure Area may have greater 
negative economic impacts on the skate bait fishery than on the skate 
wing fishery. Skate vessels potentially impacted by the SNE closure 
area may be able to mitigate some of their revenue losses by fishing in 
exempted fisheries. Alternatives 2 and 3 are difficult to differentiate 
from an economic impact standpoint.
    Under Alternative 2, the 40-percent DAS reduction may reduce 
monkfish fishing effort due to the requirement that limited access 
monkfish Category C and D vessels that also hold a NE multispecies DAS 
permit use a NE multispecies DAS in conjunction with a monkfish DAS. 
However, the existing regulation that allows limited access monkfish 
Category C and D vessels with fewer allocated NE multispecies DAS than 
allocate monkfish DAS to use the difference between these two 
allocations as monkfish-only DAS will help mitigate such impact on 
monkfish fishing effort. The SNE year-round closure, although smaller 
in size than the SNE Differential DAS Area currently in effect, would 
likely impact inshore monkfish gillnet vessels that fish in this 
region, reducing monkfish fishing effort overall in this area with a 
subsequent negative economic impact to the monkfish fishery. The extent 
of this potential negative social and economic impact would depend on 
the number of limited access monkfish Category C and D vessels actively 
fishing in the statistical areas encompassed by the closure, how much 
monkfish is landed from these areas, and whether or not these vessels 
could move their fishing operations into an open area in an effort to 
mitigate the impacts of the closure.

List of Subjects in 50 CFR part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 9, 2009
Samuel D. Rauch III,
Deputy Assistant Administrator For RegulatoryPrograms, National Marine 
Fisheries Service.
    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.2, a new definition for ``low profile gillnet'' is 
added, in alphabetical order, to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Low profile gillnet, with respect to the NE multispecies fishery, 
means a bottom-set gillnet with reduced vertical height achieved by 
tying the floatline to the leadline or by modifying the construction of 
the floatline, or through other means, to reduce or eliminate its 
buoyancy.
* * * * *
    3. In Sec.  648.10, paragraph (b)(5) is suspended, and paragraph 
(b)(6) is added to read as follows:


Sec.  648.10  DAS and VMS notification requirements.

* * * * *
    (b) * * *
    (6) 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 a NE 
multispecies vessel is 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

[[Page 2974]]

atSec.  648.85(a)(3)(viii)(A). VMS activity codes and declaration 
instructions are available from the Regional Administrator upon 
request.
* * * * *
    4. In Sec.  648.14:
    A. Paragraphs (a)(50), (53), (121), (129), (130), (132),(146), 
(153), (165), (173) through (175), and (177) are suspended.
    B. Paragraphs (c)(7), (23) through (26), (33), (39), (50), (51), 
(57) through (60), (62) through (66), (70), (76), (81) through (83), 
and (85) through (89) are suspended.
    C. Paragraphs (g)(4) and (5) are suspended.
    D. Paragraphs (a)(183) through (192), (c)(90) through (122), and 
(g)(6) and (7) are added.
    The additions read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (a) * * *
    (183) Enter, or be on a fishing vessel with a NE multispecies 
permit in the area described in Sec.  648.81(n), except as provided for 
in Sec.  648.81(n).
    (184) Fish for, harvest, possess, or land regulated species in or 
from the closed area specified in Sec.  648.81(n), unless otherwise 
allowed under Sec.  648.81(n).
    (185) Enter or fish in the Western U.S./Canada Area or Eastern 
U.S./Canada Area specified in Sec.  648.85(a)(1), unless declared into 
the area in accordance withSec.  648.85(a)(3)(viii).
    (186) If declared into one of the areas specified in Sec.  
648.85(a)(1), fish during that same trip outside of the declared area, 
unless in compliance with the applicable restrictions specified under 
Sec.  648.85(a)(3)(viii)(A) or (B).
    (187) Fail to notify NMFS via VMS prior to departing the Eastern 
U.S./Canada Area, when fishing inside and outside of the area on the 
same trip, in accordance with Sec.  648.85(a)(3)(viii)(A)(1).
    (188) When fishing inside and outside of the Eastern U.S./Canada 
Area on the same trip, fail to abide by the most restrictive DAS 
counting, trip limits, and reporting requirements that apply, as 
described in Sec.  648.85(a)(3)(viii)(A).
    (189) If fishing inside the Eastern U.S./Canada Area and in 
possession of fish in excess of what is allowed under most restrictive 
regulations that apply outside of the Eastern U.S./Canada Area, fish 
outside of the Eastern U.S./Canada Area on the same trip, as prohibited 
under Sec.  648.85(a)(3)(viii)(A).
    (190) Fail to comply with the reporting requirements under Sec.  
648.85(a)(3)(viii)(A)(2) when fishing inside and outside of the Eastern 
U.S./Canada Area on a trip.
    (191) If fishing with trawl gear under a NE multispecies DAS in the 
Eastern U.S./Canada Area defined in Sec.  648.85(a)(1)(ii), fail to 
fish with a haddock separator trawl, flounder trawl net, or Ruhle 
trawl, as specified in Sec.  648.85(a)(3)(ix) and (b)(10)(iv)(J)(3), 
unless otherwise allowed under the Eastern U.S./Canada Haddock SAP 
rules in Sec.  648.85(b)(8)(v)(E).
    (192) Possess, land, or fish for regulated species 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 not been issued a multispecies permit and fishes for NE 
multispecies exclusively in state waters.
* * * * *
    (c) * * *
    (90) If fishing under the Eastern U.S./Canada Haddock SAP, fish 
for, harvest, possess, or land any regulated NE multispecies from the 
area specified in Sec.  648.85(b)(8)(ii), unless in compliance with the 
restrictions and conditions specified in Sec.  648.85(b)(8)(v)(A) 
through (M).
    (91) If fishing under a Category B DAS in the Closed Area II 
Yellowtail Flounder SAP specified in Sec.  648.85(b)(3), the Regular B 
DAS Pilot Program specified inSec.  648.85(b)(10), or the Eastern U.S./
Canada Haddock SAP Pilot Program specified in Sec.  648.85(b)(8), 
remove any fish caught with any gear, including dumping the contents of 
a net, except on board the vessel.
    (92) Possess or land per trip more than the possession or landing 
limits specified under Sec.  648.86(a), (g), (h), and (l), if the 
vessel has been issued a limited access NE multispecies permit or open 
access NE multispecies permit, as applicable.
    (93) Fail to declare through VMS the intent to be exempt from the 
GOM cod trip limit under Sec.  648.86(l)(1), as required under Sec.  
648.86(l)(4), or fish north of the exemption line if in possession of 
more than the GOM cod trip limit specified under Sec.  648.86(l)(1).
    (94) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(l)(1), unless the vessel is fishing under the cod exemption 
specified in Sec.  648.86(l)(4).
    (95) For vessels fishing in the NE multispecies DAS program under 
the provisions of Sec.  648.10(c), the call-in system, fail to remain 
in port for the appropriate time specified in Sec.  
648.86(l)(1)(ii)(A), except for transiting purposes, provided the 
vessel complies with Sec.  648.86(l)(3). For vessels fishing in the NE 
multispecies DAS program under the provisions of Sec.  648.10(b), the 
VMS system, fail to declare through VMS that insufficient DAS have 
elapsed in order to account for the amount of cod on board the vessel 
as required under Sec.  648.86(l)(1)(ii)(B).
    (96) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(l)(2).
    (97) For vessels fishing in the NE multispecies DAS program under 
the provisions of Sec.  648.10(c), the call-in system, fail to remain 
in port for the appropriate time specified in Sec.  
648.86(l)(2)(ii)(A), except for transiting purposes, provided the 
vessel complies with Sec.  648.86(l)(3). For vessels fishing in the NE 
multispecies DAS program under the provisions of Sec.  648.10(b), the 
VMS system, fail to declare through VMS that insufficient DAS have 
elapsed in order to account for the amount of cod on board the vessel 
as required under Sec.  648.86(l)(2)(ii)(B).
    (98) If fishing under the party/charter or private recreational 
regulations in the SNE Closure Area defined under Sec.  648.81(n)(1), 
fish for or retain winter flounder.
    (99) Discard legal-sized NE regulated multispecies, ocean pout, 
Atlantic halibut, or monkfish while fishing under a Regular B DAS in 
the Regular B DAS Program, as described in Sec.  648.85(b)(10)(iv)(E).
    (100) If fishing under a Regular B DAS in the Regular B DAS 
Program, fail to comply with the DAS flip requirements of Sec.  
648.85(b)(10)(iv)(E) if the vessel harvests and brings on board more 
than the landing limit for a groundfish stock of concern specified in 
Sec.  648.85(b)(10)(iv)(D), other groundfish specified under Sec.  
648.86, or monkfish under Sec.  648.94.
    (101) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the requirements and restrictions 
specified in Sec.  648.85(b)(10)(iv)(A) through (F), (I), and (J).
    (102) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the VMS requirement specified in 
Sec.  648.85(b)(6)(iv)(A).
    (103) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the observer notification 
requirement specified in Sec.  648.85(b)(10)(iv)(B).
    (104) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail

[[Page 2975]]

to comply with the VMS declaration requirement specified in Sec.  
648.85(b)(10)(iv)(C).
    (105) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the landing limits specified in 
Sec.  648.85(b)(10)(iv)(D).
    (106) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the no discard and DAS flip 
requirements specified in Sec.  648.85(b)(10)(iv)(E).
    (107) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the minimum Category A DAS and 
Category B DAS accrual requirements specified in Sec.  
648.85(b)(10)(iv)(F).
    (108) Use a Regular B DAS in the Regular B DAS Program specified in 
Sec.  648.85(b)(10), if the program has been closed as specified in 
Sec.  648.85(b)(10)(iv)(H) or (b)(10)(vi).
    (109) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), use a Regular B DAS after the program has closed, as 
required under Sec.  648.85(b)(10)(iv)(G) or (H).
    (110) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the reporting requirements specified 
in Sec.  648.85(b)(10)(iv)(I).
    (111) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the DAS use restrictions 
specified in Sec.  648.85(b)(7)(iv)(J), and (b)(7)(v)(A) or 
(b)(7)(vi)(A), whichever is applicable.
    (112) If fishing in the CA I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7), fail to comply with the reporting requirement 
specified in Sec.  648.85(b)(7)(v)(F) or (b)(7)(vi)(D), whichever is 
applicable.
    (113) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to use a haddock separator trawl as described under 
Sec.  648.85(a)(3)(iii)(A), or other approved gear as described under 
Sec.  648.85(b)(10)(iv)(J).
    (114) If fishing under a NE multispecies Category A DAS in the 
Interim Differential DAS Area, defined under Sec.  648.82(e)(4)(i), 
fail to declare into the area through VMS as required under Sec.  
648.82(e)(4)(ii).
    (115) If fishing under a NE multispecies Category A DAS in the 
Interim Differential DAS Area defined in Sec.  648.82(e)(4)(i), and 
under the restrictions of one or more of the Special Management 
Programs under Sec.  648.85, fail to comply with the most restrictive 
regulations.
    (116) Possess or land more white hake than allowed under Sec.  
648.86(m).
    (117) Retain or land zero retention stocks as specified under Sec.  
648.86(n).
    (118) If possessing a Ruhle Trawl, either at sea or elsewhere, as 
allowed under Sec.  648.85(b)(10)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to 
comply with the net specifications under Sec.  648.85(b)(10)(iv)(J)(3).
    (119) If fishing as a private recreational and charter/party vessel 
in the SNE/MA winter flounder stock area defined inSec.  
648.85(b)(10)(v)(E), fish for or retain winter flounder or transit this 
area in possession of winter flounder caught outside this area, unless 
all bait and hooks are removed from fishing rods and any winter 
flounder on board has been gutted and stored.
    (120) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to use a haddock separator trawl as described under 
Sec.  648.85(a)(3)(ix)(A), or other approved gear as described under 
Sec.  648.85(b)(10)(iv)(J).
    (121) For vessels fishing inside and outside the Eastern U.S./
Canada Area on the same trip, fail to comply with the most restrictive 
regulations that apply on the trip as required under Sec.  
648.85(a)(3)(viii)(A).
    (122) For vessels fishing inside and outside the Eastern U.S./
Canada Area on the same trip, fail to notify NMFS via VMS that the 
vessel is electing to fish in this manner, as required by Sec.  
648.85(a)(3)(viii)(A)(1).
    * * * * *
    (g) * * *
    (6) If the vessel is a private recreational fishing vessel, fail to 
comply with the seasonal GOM cod possession prohibition described in 
Sec.  648.89(c)(1)(vi) or, if the vessel has been issued a charter/
party permit or is fishing under charter/party regulations, fail to 
comply with the prohibition on fishing under Sec.  648.89(c)(5)(v).
    (7) If fishing under the recreational or charter/party regulations, 
fish for or possess cod caught in the GOM Regulated Mesh Area during 
the seasonal GOM cod possession prohibition under Sec.  
648.89(c)(1)(vi) or (c)(5)(v) or, fail to abide by the appropriate 
restrictions if transiting with cod on board.
* * * * *


Sec.  648.80  [Amended]

    5. In Sec.  648.80, paragraph (i) is suspended.
    6. In Sec.  648.81, paragraph (b)(2)(iv)(B) is suspended, and 
paragraphs (b)(2)(iv)(C) and (n) are added to read as follows:


Sec.  648.81  NE multispecies closed areas and measures to protect EFH.

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *
    (C) The vessel has declared into the Eastern U.S./Canada Area as 
specified in Sec.  648.85(a)(3)(viii) and is transiting CA II in 
accordance with the provisions of Sec.  648.85(a)(3)(vii).
* * * * *
    (n) Southern New England (SNE) Closure Area. (1) No fishing vessel, 
or person on such vessel, may enter, fish in, or be in; and no fishing 
gear capable of catching NE multispecies, unless otherwise allowed in 
this part, may be in, or on board a vessel, in the area known as the 
SNE Closure Area, as defined by straight lines connecting the following 
points in the order stated, except as specified in paragraphs (n)(2) 
and (3) of this section (a chart depicting this area is available from 
the Regional Administrator upon request).

                            SNE Closure Area
------------------------------------------------------------------------
              Point                     N. lat.            W. long.
------------------------------------------------------------------------
SNECA1                            (\1\)               70[deg]00'
SNECA2                            41[deg]30'          70[deg]00'
SNECA3                            41[deg]30'          68[deg]30'
SNECA4                            40[deg]30'          68[deg]30'
SNECA5                            40[deg]30'          (\2\)
------------------------------------------------------------------------
(\1\) Intersection of the shoreline of Cape Cod, Massachusetts and
  70[deg]00' W. long.
(\2\) Intersection of the shoreline of Staten Island, New York, and
  40[deg]30' N. lat.

    (2) Paragraph (n)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels:
    (i) Fishing with exempted gear, as defined in this part, or under 
the exemptions specified in Sec.  648.80(b)(2)(vi) and (b)(3);
    (ii) Fishing with hook gear, provided that no gear other than hook 
gear is on board, and the vessel abides by the NE multispecies 
possession restrictions under Sec.  648.86; or
    (iii) Fishing under the charter/party or private recreational 
regulations, provided that vessel abides by the recreational 
restrictions under Sec.  648.89, and:
    (A) With the except of tuna, fish harvested or possessed by the 
vessel are not sold or intended for trade, barter or sale, regardless 
of where the regulated species are caught; and
    (B) The vessel has no gear other than rod and reel or handline on 
board.
    (3) NE multispecies permitted vessels possessing NE multispecies on 
board the vessel and transiting through the SNE Closure Area, provided 
gear other than hook gear is stowed in accordance with Sec.  648.23(b).
    7. In Sec.  648.82:
    A. Paragraphs (e)(2) and (3); (j)(1)(iii)(A) through (D); 
(k)(4)(iv) and (x); and (l)(1)(iv) and (ix) are suspended.

[[Page 2976]]

    B. Paragraphs (e)(4) and (5), and (j)(1)(iii)(E), (F), and (G) are 
added.
    The additions read as follows:


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

* * * * *
    (e) * * *
    (4) Differential DAS. For a NE multispecies DAS vessel that intends 
to fish some or all of its trip, or fishes some or all of its trip 
other than for transiting purposes, under a Category A DAS in the 
Interim Differential DAS Area, as defined in paragraph (e)(4)(i) of 
this section, with the exception of Day gillnet vessels, which accrue 
DAS in accordance with paragraph (j)(1)(iii) of this section, each 
Category A DAS, or part thereof, shall be counted at the differential 
DAS rate described in paragraph (e)(4)(iii) of this section, and be 
subject to the restrictions defined in this paragraph (e).
    (i) Interim Differential DAS Area. The Interim Differential DAS 
Area is defined as that area bounded on the west by the coast of 
Massachusetts, New Hampshire, and Maine, on the east by the U.S.-Canada 
maritime boundary, and by straight lines connecting the following 
points in the order stated (a chart depicting this area is available 
from the Regional Administrator upon request):

------------------------------------------------------------------------
              Point                     N. lat.            W. long.
------------------------------------------------------------------------
ID10                              41[deg]30'          66[deg]35'(\1\)
ID8                               41[deg]30'          70[deg]00'
ID9                               (\2\)               70[deg]00'
------------------------------------------------------------------------
(\1\) The U.S.-Canada Maritime Boundary.
(\2\) The intersection of the Cape Cod, Massachusetts, shoreline and
  70[deg]00' W. long.

    (ii) Declaration. A NE multispecies DAS vessel that intends to 
fish, or fishes under a Category A DAS in the Interim Differential DAS 
Area, as described in paragraph (e)(4)(i) of this section, must, prior 
to leaving the dock, declare through the VMS, in accordance with 
instructions to be provided by the Regional Administrator, that the 
vessel will fish in the Interim Differential DAS Area. A DAS vessel 
that fishes in the Eastern U.S./Canada Area and intends to fish, or 
fishes, subsequently in the Interim Differential DAS Area under a 
Category A DAS, must declare its intention to do so through its VMS 
prior to leaving the dock at the start of the trip or prior to leaving 
the Eastern U.S./Canada Area, as specified inSec.  
648.85(a)(3)(viii)(A)(3).
    (iii) Differential DAS counting. For a NE multispecies DAS vessel 
that intends to fish, or fishes for some or all of its trip other than 
for transiting purposes under a Category A DAS in the Interim 
Differential DAS Area, each Category A DAS, or part thereof, shall be 
counted at the ratio of 2 to 1 for the entire trip, even if only a 
portion of the trip is spent fishing in the Interim Differential DAS 
Area. A vessel that has not declared its intent to fish in the Interim 
Differential DAS Area and that is not transiting, as specified in 
paragraph (e)(4)(v) of this section, may be in the Interim Differential 
DAS Area, provided the vessel's fishing gear is stowed in accordance 
with the provisions ofSec.  648.23(b) for the entire time the vessel is 
in the area, and the vessel declares immediately upon entering the 
Interim Differential DAS Area, via VMS, that it is in the area.
    (iv) Restrictions. A NE multispecies vessel fishing under a 
Category A DAS in the Interim Differential DAS Area defined in 
paragraph (e)(4)(i) of this section, under the restrictions of this 
paragraph (e)(4) and under the restrictions of one or more of the 
Special Management Programs underSec.  648.85, must comply with the 
most restrictive DAS counting, trip limits, and reporting requirements, 
specified in this paragraph (e)(4) and in Sec.  648.85, under the 
pertinent Special Management Program.
    (v) Transiting. A vessel may transit the Interim Differential DAS 
Area, as defined in paragraph (e)(4)(i) of this section, provided the 
gear is stowed in accordance with the provisions of Sec.  648.23(b).
    (5) Regular B DAS Program 24-hr clock. For a vessel electing to 
fish in the Regular B DAS Program, as specified at Sec.  648.85(b)(10), 
and that remains fishing under a Regular B DAS for the entire fishing 
trip (without a DAS flip), DAS used shall accrue at the rate of 1 full 
DAS for each calendar day, or part of a calendar day fished. For 
example, a vessel that fished on one calendar day from 6 a.m. to 10 
p.m. would be charged 24 hr of Regular B DAS, not 16 hr; a vessel that 
left on a trip at 11 p.m on the first calendar day and returned at 10 
p.m. on the second calendar day would be charged 48 hr of Regular B DAS 
instead of 23 hr, because the fishing trip would have spanned 2 
calendar days. For the purpose of calculating trip limits specified 
under Sec.  648.86, the amount of DAS deducted from a vessel's DAS 
allocation shall determine the amount of fish the vessel can legally 
land. For a vessel electing to fish in the Regular B DAS Program, as 
specified at Sec.  648.85(b)(10), while also fishing in the Interim 
Differential DAS Area, defined in paragraph (e)(4)(i) of this section, 
Category B DAS shall accrue at the rate described in this paragraph 
(e)(5), unless the vessel flips to a Category A DAS, in which case the 
vessel is subject to the pertinent DAS accrual restrictions of 
paragraph (e)(4)(iii) of this section for the entire trip. For vessels 
electing to fish in both the Regular B DAS Program, as specified in 
Sec.  648.85(b)(10), and in the Eastern U.S./Canada Area, as specified 
inSec.  648.85(a), DAS counting will begin and end according to the DAS 
accounting rules specified in Sec.  648.10(b)(2)(iii).
* * * * *
    (j) * * *
    (1) * * *
    (iii) * * *
    (E) A Day gillnet vessel fishing with gillnet gear that has elected 
to fish in the Regular B DAS Program, as specified in Sec.  
648.85(b)(10), under a Category B DAS, is subject to the DAS accrual 
provisions of paragraph (e)(5) of this section.
    (F) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS, when not subject to differential DAS 
counting as specified under paragraph (e)(4) of this section, shall 
accrue 15 hr of DAS for each trip of more than 3 hr, but less than or 
equal to 15 hr. Such vessel shall accrue actual DAS time at sea for 
trips less than or equal to 3 hr, or more than 15 hr.
    (G) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS that is fishing in the Interim Differential 
DAS Area and, therefore, subject to differential DAS counting as 
specified under paragraph (e)(4)(iii) of this section, shall accrue DAS 
at a differential DAS rate of 2 to 1 for the actual hours used for any 
trip of less than or equal to 3 hr in duration, and for any trip of 
greater than 7.5 hr. For such vessels fishing on any trip of more than 
3 hr, but less than or equal to 7.5 hr duration, vessels will be 
charged a full 15 hr. For example, a Day gillnet vessel fishing in the 
Interim Differential DAS Area for 8 actual hr would be charged 16 hours 
of DAS, or if fishing for 5 actual hr, would be charged 15 hours of 
DAS.
* * * * *
    8. In Sec.  648.83, paragraph (a)(1) is suspended and paragraph 
(a)(3) is revised to read as follows:


Sec.  648.83  Multispecies minimum fish sizes.

    (a) * * *
    (3) Minimum fish sizes for recreational vessels and charter/party 
vessels that are not fishing under a NE multispecis DAS are specified 
in Sec.  648.89. Except as provided in Sec.  648.17, all other vessels 
are subject to the following minimum fish sizes, determined by total 
length (TL):

[[Page 2977]]



             Minimum Fish Sizes (TL) for Commercial Vessels
------------------------------------------------------------------------
                Species                          Sizes (inches)
------------------------------------------------------------------------
Cod                                     22 (55.9 cm)
Haddock                                 18 (45.7 cm)
Pollock                                 19 (48.3 cm)
Witch flounder (gray sole)              14 (35.6 cm)
Yellowtail flounder                     13 (33.0 cm)
American plaice                         14 (35.6 cm)
Atlantic halibut                        36 (91.4 cm)
Winter flounder (blackback)             12 (30.5 cm)
Redfish                                 9 (22.9 cm)
------------------------------------------------------------------------

* * * * *
    9. In Sec.  648.85:
    A. Paragraphs (a)(3)(ii) and (iii); and (a)(3)(v)(A), (B), and (C) 
are suspended.
    B. Paragraphs (b)(4), (5), and (6); (b)(7)(iv)(A); (b)(7)(v)(D); 
(b)(7)(vi)(E); (b)(8)(v)(E)(2); and (b)(8)(v)(H) are suspended.
    C. Paragraphs (a)(3)(v)(D), (E), and (F); (a)(3)(viii) and (ix); 
(b)(7)(iv)(J); (b)(7)(v)(F); and (b)(7)(vi)(G); (b)(8)(v)(E)(3); 
(b)(8)(v)(M); and (b)(9) and (10) are added.
    The additions read as follows:


Sec.  648.85  Special management programs.

* * * * *
    (a) * * *
    (3) * * *
    (v) * * *
    (D) Total pounds of cod, haddock, yellowtail flounder, winter 
flounder, witch flounder, pollock, windowpane flounder, and white hake 
kept;
    (E) Date fish were caught and statistical area in which fish were 
caught; and
    (F) Vessel Trip Report (VTR) serial number, as instructed by the 
Regional Administrator.
* * * * *
    (viii) Declaration. To fish in the U.S./Canada Management Area 
under a groundfish DAS, a NE multispecies DAS vessel, prior to leaving 
the dock, must declare through the VMS, in accordance with instructions 
to be provided by the Regional Administrator, which specific U.S./
Canada Management Area described in paragraphs (a)(1)(i) or (ii) of 
this section, or which specific SAP, described in paragraph (b) of this 
section, within the U.S./Canada Management Area the vessel will fish 
in, and comply with the restrictions and conditions in paragraphs 
(a)(3)(viii)(A) through (C) of this section. Vessels other than NE 
multispecies DAS vessels are not required to declare into the U.S./
Canada Management Areas.
    (A) A vessel fishing under a NE multispecies DAS in the Eastern 
U.S./Canada Area may fish both inside and outside of the Eastern U.S./
Canada Area on the same trip, provided it complies with the most 
restrictive DAS counting, trip limits, and reporting requirements for 
the areas fished for the entire trip, and provided it complies with the 
restrictions specified in paragraphs (a)(3)(viii)(A)(1) through (4) of 
this section. On a trip when the vessel operator elects to fish both 
inside and outside of the Eastern U.S./Canada Area, all cod, haddock, 
and yellowtail flounder caught on the trip shall count toward the 
applicable hard TAC specified for the U.S./Canada Management Area.
    (1) The vessel operator must notify NMFS via VMS any time prior to 
leaving the dock at the start of the trip or prior to leaving the 
Eastern U.S./Canada Area (including at the time of initial declaration 
into the Eastern U.S./Canada Area) that it is also electing to fish 
outside the Eastern U.S./Canada Area. With the exception of vessels 
participating in the Regular B DAS Program and fishing under a Regular 
B DAS, once a vessel that has elected to fish outside of the Eastern 
U.S./Canada Area leaves the Eastern U.S./Canada Area, Category A DAS 
shall accrue from the time the vessel crosses the VMS demarcation line 
at the start of its fishing trip until the time the vessel crosses the 
demarcation line on its return to port, in accordance with Sec.  
648.10(b)(2)(iii).
    (2) The vessel must comply with the reporting requirements of the 
U.S./Canada Management Area specified under paragraph (a)(3)(v) of this 
section for the duration of the trip.
    (3) If the vessel fishes or intends to fish in the Interim 
Differential DAS Area defined under Sec.  648.82(e)(4)(i), it must 
declare its intent to fish in the Interim Differential DAS Area prior 
to leaving the Eastern U.S./Canada Area (including at the time of 
initial declaration into the Eastern U.S./Canada Area) , and must not 
have exceeded the CC/GOM or SNE/MA yellowtail flounder trip limits, 
specified in Sec.  648.86(g), for the respective areas.
    (4) If a vessel possesses yellowtail flounder in excess of the trip 
limits for CC/GOM yellowtail flounder or SNE/MA yellowtail flounder, as 
specified inSec.  648.86(g), the vessel may not fish in either the CC/
GOM or SNE/MA yellowtail flounder stock area during that trip (i.e., 
may not fish outside of the U.S./Canada Management Area).
    (B) A vessel fishing under a NE multispecies DAS in the Western 
U.S./Canada Area may fish inside and outside the Western U.S./Canada 
Area on the same trip, provided it complies with the most restrictive 
regulations applicable to the area fished for the entire trip (e.g., 
the possession restrictions specified in paragraph (a)(3)(iv)(C)(4) of 
this section), and the reporting requirements specified in paragraph 
(a)(3)(v) of this section.
    (C) For the purposes of selecting vessels for observer deployment, 
a vessel fishing in either of the U.S./Canada Management Areas 
specified in paragraph (a)(1) of this section must provide notice to 
NMFS of the vessel name; contact name for coordination of observer 
deployment; telephone number for contact; and the date, time, and port 
of departure, at least 72 hr prior to the beginning of any trip that it 
declares into the U.S./Canada Management Area, as required under this 
paragraph (a)(3)(viii).
    (ix) Gear requirements. NE multispecies vessels fishing with trawl 
gear in the Eastern U.S./Canada Area defined in paragraph (a)(1)(ii) of 
this section, unless otherwise provided in paragraphs (b)(8) and 
(b)(10) of this section, must fish with a Ruhle trawl, as described in 
paragraph (b)(10)(iv)(J)(1) of this section, or a haddock separator 
trawl or a flounder trawl net, as described in paragraphs (a)(3)(ix)(A) 
and (B) of this section (all three nets may be onboard the fishing 
vessel simultaneously). Gear other than the Ruhle trawl, haddock 
separator trawl, or the flounder trawl net as described in paragraph 
(a)(3)(ix) of this section, or gear authorized under paragraphs (b)(8) 
and (b)(10) of this section, may be on board the vessel during a trip 
to the Eastern U.S./Canada Area, provided the gear is stowed according 
to the regulations at Sec.  648.23(b). The description of the Ruhle 
trawl, the haddock separator trawl and flounder trawl net in paragraph 
(b)(10)(iv)(J)(1) of this section and in this paragraph (a)(3)(ix) may 
be further specified by the Regional Administrator through publication 
of such specifications in the Federal Register, consistent with the 
requirements of the Administrative Procedure Act.
    (A) Haddock separator trawl. A haddock separator trawl is defined 
as a groundfish trawl modified to a vertically oriented trouser trawl 
configuration, with two extensions arranged one over the other, where a 
codend shall be attached only to the upper extension, and the bottom 
extension shall be left open and have no codend attached. A horizontal 
large-mesh separating panel constructed with a minimum of 6.0- inch 
(15.2-cm) diamond mesh must be installed between the selvedges joining 
the upper and lower panels, as described in this paragraph 
(a)(3)(ix)(A) and in paragraph (B) of this section,

[[Page 2978]]

extending forward from the front of the trouser junction to the aft 
edge of the first belly behind the fishing circle.
    (1) Two-seam bottom trawl nets. --For two-seam nets, the separator 
panel will be constructed such that the width of the forward edge of 
the panel is 80-85 percent of the width of the after edge of the first 
belly of the net where the panel is attached. For example, if the belly 
is 200 meshes wide (from selvedge to selvedge), the separator panel 
must be no wider than 160-170 meshes.
    (2) Four-seam bottom trawl nets. --For four-seam nets, the 
separator panel will be constructed such that the width of the forward 
edge of the panel is 90-95 percent of the width of the after edge of 
the first belly of the net where the panel is attached. For example, if 
the belly is 200 meshes wide (from selvedge to selvedge), the separator 
panel must be no wider than 180-190 meshes. The separator panel will be 
attached to both of the side panels of the net along the midpoint of 
the side panels. For example, if the side panel is 100 meshes tall, the 
separator panel must be attached at the 50th mesh.
    (B) Flounder trawl net. A flounder trawl net is defined as bottom 
trawl gear meeting one of the following two net descriptions:
    (1) A two-seam, low-rise net constructed with mesh size in 
compliance with Sec.  648.80(a)(4), where the maximum footrope length 
is not greater than 105 ft (32.0 m) and the headrope is at least 30-
percent longer than the footrope. The footrope and headrope lengths 
shall be measured from the forward wing end.
    (2) A two-seam, low-rise net constructed with mesh size in 
compliance with Sec.  648.80(a)(4), with the exception that the top 
panel of the net contains a section of mesh at least 10 ft (3.05 m) 
long and stretching from selvedge to selvedge, composed of at least 12-
inch (30.5-cm) mesh that is inserted no farther than 4.5 meshes behind 
the headrope.
    (b) * * *
    (7) * * *
    (iv) * * *
    (J) 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 Program described under paragraph (b)(10) of this 
section. DAS will be charged as described in Sec.  648.10.
    (v) * * *
    (F) Reporting requirements. The owner or operator of a Sector 
vessel declared into the CA 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 CA I Hook Gear Haddock SAP Area. 
The Sector Manager shall provide daily reports to NMFS, including at 
least the following information: Total pounds of cod, haddock, 
yellowtail flounder, winter flounder, witch flounder, pollock, 
windowpane flounder, and white hake kept; 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) * * *
    (G) GB cod incidental catch TAC. The maximum amount of GB cod 
(landings and discards) that may be cumulatively caught by non-Sector 
vessels from the CA I Hook Gear Haddock Access Area in a fishing year 
is the amount specified under paragraph (b)(9)(ii) of this section.
    (8) * * *
    (v) * * *
    (E) * * *
    (3) Approval of additional gear. The Regional Administrator may 
authorize additional gear for use in the Eastern U.S./Canada Haddock 
SAP in accordance with the standards and requirements specified at 
paragraph (b)(10)(iv)(J)(2) of this section.
* * * * *
    (M) Incidental TACs. The maximum amount of GB cod, and the amount 
of GB yellowtail flounder, GB winter flounder, and pollock, both 
landings and discards, that may be caught when fishing in the Eastern 
U.S./Canada Haddock SAP Program in a fishing year by vessels fishing 
under a Category B DAS, as authorized in paragraph (b)(8)(v)(A) of this 
section, is the amount specified in paragraphs (b)(9)(ii), (iii), and 
(iv) of this section, respectively.
    (9) Incidental Catch TACs. Unless otherwise specified in this 
paragraph (b)(9), Incidental Catch TACs shall be specified through the 
periodic adjustment process described in Sec.  648.90, and allocated as 
described in this paragraph (b)(9), for each of the following stocks: 
GOM cod, GB cod, GB yellowtail flounder, GB winter flounder, GOM 
winter, white hake, CC/GOM yellowtail flounder, SNE/MA yellowtail 
flounder, witch flounder, and pollock. NMFS shall sent letters to 
limited access NE multispecies permit holders notifying them of such 
TACs.
    (i) Stocks other than GB cod, GB yellowtail flounder, GB winter 
flounder, and pollock. With the exception of GB cod, GB yellowtail 
flounder, GB winter flounder, and pollock, the Incidental Catch TACs 
specified under this paragraph (b)(9) shall be allocated to the Regular 
B DAS Program described in paragraph (b)(10) of this section.
    (ii) GB cod. The Incidental TAC for GB cod specified under this 
paragraph (b)(9) shall be subdivided as follows: 70-percent to the 
Regular B DAS Program described in paragraph (b)(10) of this section; 
16-percent to the CA I Hook Gear Haddock SAP described in paragraph 
(b)(7) of this section; and 14-percent to the Eastern U.S./Canada 
Haddock SAP described in paragraph (b)(8) of this section.
    (iii) GB yellowtail flounder and GB winter flounder. Each of the 
Incidental Catch TACs for GB yellowtail flounder and GB winter flounder 
specified under this paragraph (b)(9) shall be subdivided as follows: 
80-percent to the Regular B DAS Program described in paragraph (b)(10) 
of this section; and 20-percent to the Eastern U.S./Canada Haddock SAP 
described in paragraph (b)(8) of this section.
    (iv) Pollock. The Incidental TAC for pollock specified under this 
paragraph (b)(9) shall be subdivided as follows: 90-percent to the 
Regular B DAS Program described in paragraph (b)(10) of this section; 
5-percent to the CA I Hook Gear Haddock SAP described in paragraph 
(b)(7) of this section; and 5-percent to the Eastern U.S./Canada 
Haddock SAP described in paragraph (b)(8) of this section.
    (10) Regular B DAS Program--(i) Eligibility. Vessels issued a valid 
limited access NE multispecies DAS permit and allocated Regular B DAS 
are eligible to participate in the Regular B DAS Program and may elect 
to fish under a Regular B DAS, provided they comply with the 
requirements and restrictions of this paragraph (b)(10), and provided 
the use of Regular B DAS is not restricted according to paragraphs 
(b)(10)(iv)(G) or (H) of this section, or paragraph (b)(10)(vi) of this 
section. Vessels are required to comply with the no discarding and DAS 
flip requirements specified in paragraph (b)(10)(iv)(E) of this section 
and the DAS balance and accrual requirements specified in paragraph 
(b)(10)(iv)(F) of this section. Vessels may fish under the B Regular 
DAS Program and in the U.S./Canada Management Area on the same trip, 
but may not fish under the Regular B DAS Program and in a SAP on the 
same trip.
    (ii) [Reserved]
    (iii) Quarterly Incidental Catch TACs. The Incidental Catch TACs 
specified in accordance with paragraph (b)(9) of this section shall be 
divided into quarterly catch TACs as follows: The first quarter shall 
received 13 percent of the

[[Page 2979]]

Incidental Catch TACs and the remaining three quarters shall each 
receive 29 percent of the Incidental Catch TACs. When the Regional 
Administrator projects that there is uncaught TAC in quarters one, two, 
or three, the uncaught TAC will be added to the TAC allocated for the 
subsequent quarter. Uncaught TAC at the end of the fishing year will 
not be added to allocations in subsequent fishing years. NMFS shall 
send letters to all limited access NE multispecies permit holders 
notifying them of such TACs and any adjustments to such TACs.
    (iv) Program requirements--(A) VMS requirement. A NE multispecies 
DAS vessel fishing in the Regular B DAS Program described in paragraph 
(b)(10)(i) of this section must have installed on board an operational 
VMS unit that meets the minimum performance criteria specified 
inSec. Sec.  648.9 and 648.10.
    (B) Observer notification. For the purposes of selecting vessels 
for observer deployment, a vessel must provide notice to NMFS of the 
vessel name; contact name for coordination of observer deployment; 
telephone number for contact; the date, time, and port of departure; 
and the planned fishing area or areas (GOM, GB, or SNE/MA) at least 72 
hr prior to the beginning of any trip that it declares into the Regular 
B DAS Program, as required under paragraph (b)(10)(iv)(C) of this 
section, and in accordance with instructions provided by the Regional 
Administrator. Providing notice of the area that the vessel intends to 
fish does not restrict the vessel's activity to only that area on that 
trip (i.e., the vessel operator may change his/her plans regarding 
planned fishing area).
    (C) VMS declaration. To participate in the Regular B DAS Program 
under a Regular B DAS, a vessel must declare into the Program via VMS 
prior to departure from port, in accordance with instructions provided 
by the Regional Administrator. A vessel declared into the Regular B DAS 
Program cannot fish in an approved SAP described under this section on 
the same trip. Mere declaration of a Regular B DAS Program trip does 
not reserve a vessel's right to fish under the Program, if the vessel 
has not crossed the VMS demarcation line.
    (D) Landing limits. Unless otherwise specified in this paragraph 
(b)(10)(iv)(D), a NE multipecies vessel fishing in the Regular B DAS 
Program described in this paragraph (b)(10), 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)(10)(v) of this section: Cod, pollock, white hake, witch flounder, 
GB winter flounder, GB yellowtail flounder, and southern windowpane 
flounder; 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 that are 
required to fish with a haddock separator trawl or Ruhle trawl, as 
specified under paragraph (b)(10)(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)(10)(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 (GOM 
or GB), windowpane flounder (south), and yellowtail flounder), 
combined; 500 lb (227 kg) of monkfish (whole weight); 500 lb (227 kg) 
of skates (whole weight); and zero possession of lobsters, ocean pout, 
SNE/MA winter flounder, and windowpane (north), unless otherwise 
restricted by Sec.  648.94(b)(3).
    (E) No-discard provision and DAS flips. A vessel fishing in the 
Regular B DAS Program under a Regular B DAS may not discard legal-sized 
regulated species, Atlantic halibut, or monkfish, unless otherwise 
specified in this paragraph (b)(10)(iv)(E). This prohibition on 
discarding does not apply to ocean pout, windowpane (north), or SNE 
winter flounder, or in areas or times where the possession or landing 
of regulated species is prohibited. If such a vessel harvests and 
brings on board legal-sized regulated NE multispecies, or Atlantic 
halibut (unless exempted above) in excess of the allowable landing 
limits specified in paragraph (b)(10)(iv)(D) of this section, or Sec.  
648.86, the vessel operator must notify NMFS immediately via VMS to 
initiate a DAS flip from a B DAS to an A DAS. Once this notification 
has been received by NMFS, the vessel shall automatically be switched 
by NMFS to fishing under a Category A DAS for its entire fishing trip. 
Thus, any Category B DAS that accrued between the time the vessel 
declared into the Regular B DAS Program at the beginning of the trip 
(i.e., at the time the vessel crossed the demarcation line at the 
beginning of the trip) and the time the vessel declared its DAS flip 
shall be accrued as Category A DAS, and not Regular B DAS. After 
flipping to a Category A DAS, the vessel is subject to the applicable 
trip limits specified under Sec.  648.86 or paragraph (a) of this 
section and may discard fish in excess of the applicable trip limits.
    (F) Minimum Category A DAS and B DAS accrual. For a vessel fishing 
under the Regular B DAS Program, the number of Regular B DAS that may 
be used on a trip cannot exceed the number of Category A DAS that the 
vessel has at the start of the trip. If a vessel is fishing in the 
Interim Differential DAS area, as described in Sec.  648.82(e)(4)(i), 
the number of Regular B DAS that may be used on a trip cannot exceed 
the number of Category A DAS that the vessel has at the start of the 
trip divided by 2. For example, if a vessel plans a trip under the 
Regular B DAS Program into the Interim Differential DAS Area and has 10 
Category A DAS available at the start of the trip, the maximum number 
of Regular B DAS that the vessel may fish under the Regular B DAS 
Program is 5. A vessel fishing in the Regular B DAS Program for its 
entire trip shall accrue DAS in accordance with Sec.  648.82(e)(4).
    (G) Restrictions when 100 percent of the incidental catch TAC is 
harvested. With the exception of white hake, witch flounder, and 
pollock, when the Regional Administrator provides notification through 
methods consistent with the Administrative Procedure Act, that 100 
percent of one or more of quarterly incidental TACs specified under 
paragraph (b)(10)(iii) of this section has projected to have been 
harvested, the use of Regular B DAS shall be prohibited in the 
pertinent stock area(s) as defined under paragraph (b)(10)(v) of this 
section for the duration of the calendar quarter. The closure of a 
stock area to all Regular B DAS use shall occur even if the quarterly 
incidental catch TACs for other stocks in that stock area have not been 
completely harvested. When the Regional Administrator projects that 100 
percent of the quarterly white hake, witch flounder, or pollock 
incidental catch TAC specified under paragraph (b)(10)(iii) of this 
section has been harvested, vessels fishing under a Regular B DAS, or 
that complete a trip under a Regular B DAS, shall be prohibited from 
retaining white hake, witch flounder, or pollock, respectively.
    (H) Closure of Regular B DAS Program and quarterly DAS limits. 
Unless otherwise closed as a result of the harvest of an Incidental 
Catch TAC as described in paragraph (b)(10)(iv)(G) of this section, or 
as a result of an action by the Regional Administrator under paragraph 
(b)(10)(vi) of this section, the use of Regular B DAS shall, in a 
manner consistent with the Administrative Procedure Act, be prohibited 
when 500 Regular B DAS have been used during the first quarter of the 
fishing year (May-July), or when 1,000 Regular B DAS

[[Page 2980]]

have been used during any of the remaining quarters of the fishing 
year, in accordance with Sec.  648.82(e)(5).
    (I) Reporting requirements. The owner or operator of a NE 
multispecies DAS vessel must submit catch reports via VMS in accordance 
with instructions provided by the Regional Administrator, for each day 
fished when declared into the Regular B DAS Program. The reports must 
be submitted in 24-hr intervals for each day, beginning at 0000 hr and 
ending at 2400 hr. The reports must be submitted by 0900 hr of the 
following day. For vessels that have declared into the Regular B DAS 
Program in accordance with paragraph (b)(10)(iv)(C) of this section, 
the reports must include at least the following information: 
Statistical area fished; total pounds of cod, haddock, yellowtail 
flounder, winter flounder, witch flounder, pollock, and white hake 
kept; date fish were caught; and VTR serial number, as instructed by 
the Regional Administrator. Daily reporting must continue even if the 
vessel operator is required to flip, as described under paragraph 
(b)(10)(iv)(E) of this section.
    (J) Gear requirement--(1) Vessels fishing with trawl gear in the 
Regular B DAS Program must use a haddock separator trawl or Ruhle 
trawl, as described under paragraphs (a)(3)(iii)(A) and 
(b)(10)(iv)(J)(3) of this section, respectively, or other type of gear, 
if approved as described under this paragraph (b)(10)(iv)(J). Other 
gear may be on board the vessel, provided it is stowed when the vessel 
is fishing under the Regular B DAS Program. Vessels fishing with 
gillnet gear in the Regular B DAS Program may not use a low profile 
(``tie-down'' type) gillnet.
    (2) Approval of additional gear. At the request of the Council or 
Council's Executive Committee, the Regional Administrator may authorize 
additional gear for use in the Regular B DAS Program, through notice 
consistent with the Administrative Procedure Act. The proposed gear 
must satisfy standards specified in paragraphs (b)(10)(iv)(J)(2)(i) or 
(ii) of this section in a completed experiment that has been reviewed 
according to the standards established by the Council's research policy 
before the gear can be considered and approved by the Regional 
Administrator. Comparisons of the criteria specified in this paragraph 
(b)(10)(iv)(J)(2) will be made to an appropriately selected control 
gear.
    (i) The gear must show a statistically significant reduction in 
catch of at least 50 percent (by weight, on a trip-by-trip basis) of 
each regulated species stock of concern, unless otherwise allowed in 
this paragraph (b)(10)(iv)(J)(2)(i), or other non-groundfish stocks 
that are overfished or subject to overfishing identified by the 
Council. This requirement does not apply to regulated species 
identified by the Council as not being subject to gear performance 
standards; or
    (ii) The catch of each regulated species stock of concern, unless 
otherwise allowed in this paragraph (b)(10)(iv)(J)(2)(ii), or other 
non-groundfish stocks that are overfished or subject to overfishing 
identified by the Council, must be less than 5 percent of the total 
catch of regulated groundfish by weight, on a trip-by-trip basis. This 
requirement does not apply to regulated species identified by the 
Council as not being subject to gear performance standards.
    (3) Ruhle Trawl. The Ruhle Trawl is a four-seam bottom groundfish 
trawl designed to reduce the bycatch of cod while retaining or 
increasing the catch of haddock, when compared to traditional 
groundfish trawls. A Ruhle Trawl must be constructed in accordance with 
the standards described and referenced in this paragraph 
(b)(10)(iv)(J)(3). The mesh size of a particular section of the Ruhle 
Trawl is measured in accordance with Sec.  648.80(f)(2), unless 
insufficient numbers of mesh exist, in which case the maximum total 
number of meshes in the section will be measured (between 2 and 20 
meshes).
    (i) The net must be constructed with four seams (i.e., a net with a 
top and bottom panel and two side panels), and include at least the 
following net sections as depicted in Figure 1 of this part A 
``Nomenclature for 4-seam Ruhle Trawl'' (this figure is also available 
from the Administrator, Northeast Region): Top jib, bottom jib, jib 
side panels (x 2), top wing, bottom wing, wing side panels (x 2), 
square, bunt, square side panels (x 2), first top belly, first bottom 
belly, first belly side panels (x 2), second top belly, second bottom 
belly, second belly side panels (x 2), and third bottom belly.
    (ii) The first bottom belly, bunt, the top and bottom wings, and 
the top and bottom jibs, jib side panels, and wing side panels (the 
first bottom belly and all portions of the net in front of the first 
bottom belly, with the exception of the square and the square side 
panels) must be at least two meshes long in the fore and aft direction. 
For these net sections, the stretched length of any single mesh must be 
at least 7.9 ft (240 cm), measured in a straight line from knot to 
knot.
    (iii) Mesh size in all other sections must be consistent with mesh 
size requirements specified under Sec.  648.80 and meet the following 
minimum specifications: Each mesh in the square, square side panels, 
and second bottom belly must be 31.5 inches (80 cm); each mesh in the 
first and second top belly, the first belly side panels, and the third 
bottom belly must be at least 7.9 inches (20 cm); and 6 inches (15.24 
cm) or larger in sections following the second top belly and third 
bottom belly sections, all the way to the codend. The mesh size 
requirements of the top sections apply to the side panel sections.
    (iv) The trawl must have a fishing circle of at least 398 ft (121.4 
m). This number is calculated by separately counting the number of 
meshes for each section of the net at the wide, fore end of the first 
bottom belly, and then calculating a stretched length as follows: For 
each section of the net (first bottom belly, two belly side panels and 
first top belly) multiply the number of meshes times the length of each 
stretched mesh to get the stretched mesh length for that section, and 
then add the sections together. For example, if the wide, fore end of 
the bottom belly of the Ruhle Trawl is 22 meshes (and the mesh is at 
least 7.9 ft (240 cm)), the stretched mesh length for that section of 
the net is derived by multiplying 22 times 7.9 ft (240 cm) and equals 
173.2 ft (52.8 m). The top and sides (x 2) of the net at this point in 
the trawl are 343 meshes (221 + 61 + 61, respectively) (each 7.9 inches 
(20 cm)), which equals 225.1 ft (68.6 m) stretched length. The 
stretched lengths for the different sections of mesh are added together 
(173.2 ft + 225.1 ft (52.8 + 68.6 m)) and result in the length of the 
fishing circle, in this case 398.3 ft (121.4 m).
    (v) The trawl must have a single or multiple kite panels with a 
total surface area of at least 29.1 sq. ft. (2.7 sq. m) on the forward 
end of the square to help maximize headrope height, for the purpose of 
capturing rising fish. A kite panel is a flat structure, usually semi-
flexible used to modify the shape of trawl and mesh openings by 
providing lift when a trawl is moving through the water.
    (vi) The sweep must include rockhoppers of various sizes, which are 
arranged along the sweep in size order, graduated from 16-inch (40-cm) 
diameter in the sweep center down to 12-inch (30-cm) diameter at the 
wing ends. There must be six or fewer 12- to16-inch (30- to 40-cm) 
rockhopper discs over any 10-ft (3.0-m) length of the sweep. The 12- 
to16- inch (30- to 40-cm) discs (minimum size) must be spaced evenly, 
with one disc placed approximately every 2 ft (60 cm) along the sweep. 
The 12- to 16-inch (30- to 40-cm) discs must be separated by

[[Page 2981]]

smaller discs, no larger than 3.5 inches (8.8 cm) in diameter.
    (vii) Definition of incidental TAC stock areas. For the purposes of 
the Regular B DAS Program, including the stocks that may not be 
retained by vessels as specified under Sec.  648.86, the species stock 
areas are defined below. Copies of a chart depicting these areas are 
available from the Regional Administrator upon request.
    (A) GOM cod stock area. The GOM cod stock area for the purposes of 
the Regular B DAS Program is the area defined by straight lines 
connecting the following points in the order stated:

                      Gulf of Maine Cod Stock Area
------------------------------------------------------------------------
              Point                     N. lat.            W. long.
------------------------------------------------------------------------
GOM1                              (\1\)               70[deg]00'
GOM2                              42[deg]20'          70[deg]00'
GOM3                              42[deg]20'          67[deg]40'
GOM4                              43[deg]50'          67[deg]40'
GOM5                              43[deg]50'          66[deg]50'
GOM6                              44[deg]20'          66[deg]50'
GOM7                              44[deg]20'          67[deg]00'
GOM8                              (\2\)               67[deg]00'
------------------------------------------------------------------------
(\1\) Intersection of the north-facing coastline of Cape Cod, MA, and
  70[deg] 00' W. Long.
(\2\) Intersection of the south-facing Maine coastline and 67[deg] 00'
  W. Long.

    (B) GB cod stock area. The GB cod stock area for the purposes of 
the Regular B DAS Program is the area defined by straight lines 
connecting the following points in the order stated:

                       Georges Bank Cod Stock Area
------------------------------------------------------------------------
              Point                     N. lat.            W. long.
------------------------------------------------------------------------
GB1                               (\1\)               70[deg]00'
GB2                               42[deg]20'          70[deg]00'
GB3                               42[deg]20'          66[deg]00'
GB4                               42[deg]10'          66[deg]00'
GB5                               42[deg]10'          65[deg]50'
GB6                               42[deg]00'          65[deg]50'
GB7                               42[deg]00'          65[deg]40'
GB8                               40[deg]30'          65[deg]40'
GB9                               39[deg]00'          65[deg]40'
GB10                              39[deg]00'          70[deg]00'
GB11                              35[deg]00'          70[deg]00'
GB12                              35[deg]00'          (\2\)
------------------------------------------------------------------------
(\1\) Intersection of the north-facing coastline of Cape Cod, MA, and
  70[deg] 00' W. Long.
(\2\) Intersection of the east-facing coastline of Outer Banks, NC, and
  35[deg] 00' N. Lat.

    (C) CC/GOM yellowtail flounder stock area. The CC/GOM yellowtail 
flounder stock area for the purposes of the Regular B DAS Program is 
the area defined by straight lines connecting the following points in 
the order stated:

                  CC/GOM Yellowtail Flounder Stock Area
------------------------------------------------------------------------
              Point                     N. lat.            W. long.
------------------------------------------------------------------------
CCGOM1                            43[deg]00'          (\1\)
CCGOM2                            42[deg]20'          70[deg]00'
CCGOM3                            42[deg]20'          66[deg]00'
CCGOM4                            42[deg]10'          66[deg]00'
CCGOM5                            42[deg]10'          65[deg]50'
CCGOM6                            42[deg]00'          65[deg]50'
CCGOM7                            42[deg]00'          65[deg]40'
CCGOM8                            40[deg]30'          65[deg]40'
CCGOM9                            39[deg]00'          65[deg]40'
CCGOM10                           (\2\)               ..................
CCGOM11                           35[deg]00')         (\3\)
CCGOM12                           35[deg]00')         (\4\)
CCGOM13                           (\3\)               ..................
------------------------------------------------------------------------
\1\ Intersection with the New Hampshire coastline.
\2\ Intersection of the south-facing shoreline of Cape Cod,
  Massachusetts.
\3\ Intersection with the east-facing shoreline of Cape Cod,
  Massachusetts.
\4\ Intersection with the west-facing shoreline of Massachusetts

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

                  SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
              Point                     N. lat.            W. long.
------------------------------------------------------------------------
SNEMA1                            40[deg]00'          74[deg]00'
SNEMA2                            40[deg]00'          72[deg]00'
SNEMA3                            40[deg]30'          72[deg]00'
SNEMA4                            40[deg]30'          69[deg]30'
SNEMA5                            41[deg]00'          69[deg]30'
SNEMA6                            41[deg]00'          69[deg]00'
SNEMA7                            41[deg]30'          70[deg]00'
SNEMA8                            39[deg]00'          70[deg]00'
SNEMA9                            41[deg]00'          70[deg]00'
SNEMA10                           41[deg]00'          70[deg]30'
SNEMA11                           41[deg]30'          70[deg]30'
SNEMA12                           (\1\)               72[deg]00'
SNEMA13                           (\2\)               72[deg]00'
SNEMA14                           (\3\)               73[deg]00'
SNEMA15                           40[deg]30'          73[deg]00'
SNEMA16                           40[deg]30'          74[deg]00'
SNEMA17                           40[deg]00'          74[deg]00'
------------------------------------------------------------------------
(\1\) South-facing shoreline of Connecticut.
(\2\) North-facing shoreline of Long Island, New York.
(\3\) South-facing shoreline of Long Island, New York.

    (E) SNE/MA winter flounder stock area. The SNE winter flounder 
stock area, for the purposes of the Regular B DAS Program and the 
prohibition on retention of winter flounder specified under Sec.  
648.86, is the area defined by straight lines connecting the following 
points in the order stated:

      Southern New England/Mid-Atlantic Winter Flounder Stock Area
------------------------------------------------------------------------
              Point                     N. lat.            W. long.
------------------------------------------------------------------------
SNEW1                             (\1\)               70[deg]00'
SNEW2                             42[deg]20'          70[deg]00'
SNEW3                             42[deg]20'          68[deg]50'
SNEW4                             39[deg]50'          68[deg]50'
SNEW5                             39[deg]50'          71[deg]40'
SNEW6                             39[deg]00'          71[deg]40'
SNEW7                             39[deg]00'          70[deg]40'
SNEW8                             35[deg]00'          70[deg]00'
SNEW9                             35[deg]00'          (\2\)
------------------------------------------------------------------------
(\1\) Intersection of the north-facing Coastline of Cape Cod, MA, and
  70[deg] 00' W. Long.
(\2\) The intersection of the east-facing coastline of Outer Banks, NC,
  and 35[deg] 00' N. Lat.

    (F) Windowpane flounder northern stock area. The windowpane 
flounder northern stock area, for the purposes of prohibition on 
retention of northern windowpane flounder specified under Sec.  648.86, 
is the area defined by straight lines connecting the following points 
in the order stated:

                Windowpane Flounder Northern Stock Area:
------------------------------------------------------------------------
              Point                     N. lat.            W. long.
------------------------------------------------------------------------
G12                               (\1\)               70[deg]00'
WIN1                              41[deg]20'          70[deg]00'
WIN2                              41[deg]20'          69[deg]50'
WIN3                              41[deg]10'          69[deg]50'
WIN4                              41[deg]10'          69[deg]50'
WIN5                              41[deg]00'          69[deg]30'
WIN6                              41[deg]00'          68[deg]50'
WIN7                              39[deg]50'          68[deg]50'
WIN8                              39[deg]50'          69[deg]00'
WIN9                              39[deg]00'          69[deg]00'
WIN10                             39[deg]00'          (\2\)
------------------------------------------------------------------------
(\1\) South-facing coastline of Cape Cod, MA.
(\2\) Intersection of 39[deg] 00' N. Lat. and the boundary of the EEZ.

    (viii) Closure and in-season modification to the Regular B DAS 
Program. The Regional Administrator, based upon information required 
under Sec. Sec.  648.7, 648.9, 648.10, or this paragraph 648.85, and 
any other relevant information, may, in a manner consistent with the 
Administrative Procedure Act, may prohibit the use of Regular B DAS, 
modify possession restrictions, or implement other measures, including 
a partial closure for the Regular B DAS Program, for the duration of a 
quarter or fishing year, if it is projected that continuation of the 
Regular B DAS Program would undermine the achievement of the objectives 
of the FMP or Regular B DAS Program. Reasons for modification or 
termination of the program include, but are not limited to, the 
following: Inability to constrain catches to the Incidental Catch TACs; 
evidence of excessive discarding; a significant

[[Page 2982]]

difference in flipping rates between observed and unobserved trips; or 
insufficient observer coverage to adequately monitor the program.
* * * * *
    10. In Sec.  648.86, paragraphs (b), (e), and (j) are suspended, 
and paragraphs (l), (m), and (n) are added to read as follows:


Sec.  648.86  NE multispecies possession restrictions.

* * * * *
    (l) Cod--(1) GOM cod landing limit. (i) Except as provided in 
paragraphs (l)(1)(ii) and (l)(4) of this section, or unless otherwise 
restricted under Sec.  648.85, a vessel fishing under a NE multispecies 
DAS may land only up to 800 lb (362.9 kg) of cod during the first 24-hr 
period after the vessel has started a trip on which cod were landed 
(e.g., a vessel that starts a trip at 6 a.m. may call out of the DAS 
program at 11 a.m. and land up to 800 lb (362.9 kg), but the vessel 
cannot land any more cod on a subsequent trip until at least 6 a.m. on 
the following day). For each trip longer than 24 hr, a vessel may land 
up to an additional 800 lb (362.9 kg) for each additional 24-hr block 
of DAS fished, or part of an additional 24-hr block of DAS fished, up 
to a maximum of 4,000 lb (1,814.4 kg) per trip (e.g., a vessel that has 
been called into the DAS program for more than 24 hr, but less than 48 
hr, may land up to, but no more than, 1,600 lb (725.7 kg) of cod). A 
vessel that has been called into only part of an additional 24-hr block 
of a DAS (e.g., a vessel that has been called into the DAS program for 
more than 24 hr, but less than 48 hr) may land up to an additional 800 
lb (362.9 kg) of cod for that trip, provided the vessel complies with 
the provisions of paragraph (l)(1)(ii) of this section. Cod on board a 
vessel subject to this landing limit must be separated from other 
species of fish and stored so as to be readily available for 
inspection.
    (ii) A vessel that has been called into or declared into only part 
of an additional 24-hr block may come into port with and offload cod up 
to an additional 800 lb (362.9 kg), provided that the vessel operator, 
with the exception of vessels fishing in the Interim Differential DAS 
Area under the restrictions of Sec.  648.82(e)(4)(i), complies with the 
following:
    (A) For a vessel that is subject to the VMS provisions specified 
under Sec.  648.10(b), the vessel declares through VMS that 
insufficient DAS have elapsed in order to account for the amount of cod 
onboard and, after returning to port, does not depart from a dock or 
mooring in port, unless transiting as allowed under paragraph (l)(3) of 
this section, until the rest of the additional 24-hr block of the DAS 
has elapsed, regardless of whether all of the cod on board is offloaded 
(e.g., a vessel that has been in the DAS program for 25 hr prior to 
crossing the VMS demarcation line on the return to port may land only 
up to 1,600 lb (725.7 kg) of cod, provided the vessel does not declare 
another trip or leave port until 48 hr have elapsed from the beginning 
of the trip).
    (B) For a vessel that has been authorized by the Regional 
Administrator to utilize the DAS call-in system, as specified under 
Sec.  648.10(c), in lieu of VMS, the vessel does not call out of the 
DAS program as described under Sec.  648.10(c)(3) and does not depart 
from a dock or mooring in port, unless transiting as allowed in 
paragraph (l)(3) of this section, until the rest of the additional 24-
hr block of DAS has elapsed, regardless of whether all of the cod on 
board is offloaded (e.g., a vessel that has been called into the DAS 
program for 25 hr at the time of landing may land only up to 1,600 lb 
(725.6 kg) of cod, provided the vessel does not call out of the DAS 
program or leave port until 48 hr have elapsed from the beginning of 
the trip).
    (2) GB cod landing and maximum possession limits. (i) Unless 
otherwise restricted under Sec.  648.85 or the provisions of paragraph 
(l)(2)(ii) of this section, or unless exempt from the landing limit 
under paragraph (l)(1) of this section as authorized under the Sector 
provisions of Sec.  648.87, a NE multispecies DAS vessel may land up to 
1,000 lb (453.6 kg) of cod per DAS, or part of a DAS, provided it 
complies with the requirements specified at paragraph (l)(4) of this 
section and this paragraph (l)(2). A NE multispecies DAS vessel may 
land up to 1,000 lb (453.6 kg) of cod during the first 24-hr period 
after such vessel has started a trip on which cod were landed (e.g., a 
vessel that starts a trip at 6 a.m. may call out of the DAS program at 
11 a.m. and land up to 1,000 lb (453.6 kg) of cod, but the vessel 
cannot land any more cod on a subsequent trip until at least 6 a.m. on 
the following day). For each trip longer than 24 hr, a vessel may land 
up to an additional 1,000 lb (453.6 kg) of cod for each additional 24-
hr block of DAS fished, or part of an additional 24-hr block of DAS 
fished, up to a maximum of 10,000 lb (4,536 kg) of cod per trip (e.g., 
a vessel that has been called into the DAS program for more than 24 hr, 
but less than 48 hr, may land up to, but no more than, 2,000 lb (907.2 
kg) of cod). A vessel that has been called into only part of an 
additional 24-hr block of a DAS (e.g., a vessel that has been called 
into the DAS program for more than 24 hr, but less than 48 hr) may land 
up to an additional 1,000 lb (453.6 kg) of cod for that trip, provided 
the vessel complies with the provisions of paragraph (l)(2)(ii) of this 
section. Cod on board a vessel subject to this landing limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection.
    (ii) A vessel that has been called into or declared into only part 
of an additional 24-hr block may come into port with and offload cod up 
to an additional 1,000 lb (453.6 kg), provided that the vessel 
operator, with the exception of vessels fishing in the Interim 
Differential DAS Area under the restrictions of Sec.  648.82(e)(4)(i), 
complies with the following:
    (A) For a vessel that has been authorized by the Regional 
Administrator to utilize the DAS call-in system as specified under 
Sec.  648.10(c), in lieu of VMS, the vessel does not call out of the 
DAS program as described under Sec.  648.10(c)(3) and does not depart 
from a dock or mooring in port, unless transiting, as allowed in 
paragraph (l)(3) of this section, until the rest of the additional 24-
hr block of DAS has elapsed, regardless of whether all of the cod on 
board is offloaded (e.g., a vessel that has been called into the DAS 
program for 25 hr at the time of landing may land only up to 2,000 lb 
(907.2 kg) of cod, provided the vessel does not call out of the DAS 
program or leave port until 48 hr have elapsed from the beginning of 
the trip.)
    (B) For a vessel that is subject to the VMS provisions specified 
under Sec.  648.10(b), the vessel declares through VMS that 
insufficient DAS have elapsed in order to account for the amount of cod 
onboard, and after returning to port does not depart from a dock or 
mooring in port, unless transiting, as allowed under paragraph (l)(3) 
of this section, until the rest of the additional 24-hr block of the 
DAS has elapsed, regardless of whether all of the cod on board is 
offloaded (e.g., a vessel that has been in the DAS program for 25 hr 
prior to crossing the VMS demarcation line on the return to port may 
land only up to 2,000 lb (907.2 kg) of cod, provided the vessel does 
not declare another trip or leave port until 48 hr have elapsed from 
the beginning of the trip.)
    (3) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraphs (l)(1) and (2) of this section, and that is, 
therefore, subject to the requirement to remain in port for the period 
of time described in paragraphs (l)(1)(ii)(A) and (l)(2)(ii)(A) of this 
section, may transit to another port during this time, provided that 
the vessel operator notifies the Regional

[[Page 2983]]

Administrator, either at the time the vessel reports its hailed weight 
of cod, or at a later time prior to transiting, and provides the 
following information: Vessel name and permit number, destination port, 
time of departure, and estimated time of arrival. A vessel transiting 
under this provision must stow its gear in accordance with one of the 
methods specified in Sec.  648.23(b) and may not have any fish on board 
the vessel.
    (4) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (l)(1) of this 
section when fishing south of the Gulf of Maine Regulated Mesh Area, 
defined in Sec.  648.80(a)(1), provided that it complies with the 
requirement of this paragraph (l)(4).
    (i) Declaration. With the exception of vessels declared into the 
U.S./Canada Management Area, as described under Sec.  648.85(a)(3)(ii), 
a NE multispecies DAS vessel that fishes or intends to fish south of 
the line described in this paragraph (l)(4), under the cod trip limits 
described under paragraph (l)(2) of this section, must, prior to 
leaving the dock, declare its intention to do so through the VMS, in 
accordance with instructions to be provided by the Regional 
Administrator. In lieu of a VMS declaration, the Regional Administrator 
may authorize such vessels to obtain a letter of authorization. If a 
letter of authorization is required, such vessel may not fish north of 
the exemption area for a minimum of 7 consecutive days (when fishing 
under the NE multispecies DAS program), and must carry the 
authorization letter on board.
    (ii) A vessel exempt from the GOM cod landing limit may not fish 
north of the line specified in this paragraph (l)(4) for the duration 
of the trip, but may transit the GOM Regulated Mesh Area, provided that 
its gear is stowed in accordance with the provisions of Sec.  
648.23(b). A vessel fishing north and south of the line on the same 
trip is subject to the most restrictive applicable cod trip limit.
    (m) 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 2,000 lb (907.2 kg) of white hake per DAS, 
or any part of a DAS, up to 10,000 lb (4,536 kg) per trip.
    (n) Zero retention stocks--(1) SNE winter flounder. Private 
recreational vessels fishing in the EEZ, and vessels issued a NE 
multispecies permit, may not fish for, possess, or land winter flounder 
caught in the SNE/MA winter flounder stock area, defined in Sec.  
648.85(b)(10)(v)(E). Vessels may transit this area with GOM or GB 
winter flounder on board the vessel, provided that gear is stowed in 
accordance with the provisions of Sec.  648.23(b). Vessels fishing for 
winter flounder in multiple stock areas would be subject to the most 
restrictive possession limit.
    (2) Northern windowpane flounder. Vessels issued a NE multispecies 
permit may not fish for, possess, or land windowpane flounder caught in 
the northern windowpane flounder stock area, defined in Sec.  
648.85(b)(10)(v)(F). Vessels may transit this area with southern 
windowpane flounder on board, provided that gear is stowed in 
accordance with the provisions of Sec.  648.23(b) or Sec.  648.89(f), 
as appropriate. Vessels fishing for windowpane flounder in multiple 
stock areas would be subject to the most restrictive possession limit.
    (3) Ocean pout. Vessels issued a NE multispecies permit may not 
fish for, possess or land ocean pout.
    11. In Sec.  648.89, paragraphs (b)(1), (c)(1)(v), and (c)(2) are 
suspended, and paragraphs (b)(5), (c)(1)(vi), (c)(5), and (f) are added 
to read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

* * * * *
    (b) * * *
    (5) Minimum fish sizes. Unless further restricted under paragraph 
(b)(3) of this section, persons aboard charter or party vessels 
permitted under this part and not fishing under the NE multispecies DAS 
program, and recreational fishing vessels in or possessing fish from 
the EEZ, may not possess fish smaller than the minimum fish sizes, 
measured in total length (TL), as follows:

  Minimum Fish Sizes (TL) for Charter, Party, and Private Recreational
                                 Vessels
------------------------------------------------------------------------
                Species                               Sizes
------------------------------------------------------------------------
Cod                                     22in (58.4 cm)
Haddock                                 18in (45.7 cm)
Pollock                                 19in (48.3 cm)
Witch flounder (gray sole)              14in (35.6 cm)
Yellowtail flounder                     13in (33.0 cm)
Atlantic halibut                        36in (91.4 cm)
American plaice                         14in (35.6 cm)
Winter flounder (blackback)             12in (30.5 cm)
Redfish                                 9in (22.9 cm)
------------------------------------------------------------------------

    (c) * * *
    (1) * * *
    (vi) Seasonal GOM cod possession prohibition. Persons aboard 
private recreational fishing vessels fishing in the GOM Regulated Mesh 
Area specified under Sec.  648.80(a)(1) may not fish for, possess, or 
land any cod from November 1 through April 15. Private recreational 
vessels in possession of cod caught outside the GOM Regulated Mesh Area 
may transit this area, provided all bait and hooks are removed from 
fishing rods and any cod on board has been gutted and stored.
* * * * *
    (5) Charter/party vessels. Charter/party vessels fishing any part 
of a trip in the GOM Regulated Mesh Area, as defined in Sec.  
648.80(a)(1), are subject to the following possession limit 
restrictions:
    (i) Unless further restricted by the Seasonal GOM Cod Possession 
Prohibition, specified under paragraph (c)(5)(v) of this section, each 
person on a charter/party vessel may possess no more than 10 cod per 
day in, or harvested from, the EEZ.
    (ii) For purposes of counting fish, fillets shall be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iii) Cod harvested by charter/party vessels with more than one 
person aboard may be pooled in one or more containers. Compliance with 
the possession limits will be determined by dividing the number of fish 
on board by the number of persons on board. If there is a violation of 
the possession limits on board a vessel carrying more than one person, 
the violation shall be deemed to have been committed by the owner or 
operator of the vessel.
    (iv) Cod must be stored so as to be readily available for 
inspection.
    (v) Seasonal GOM cod possession prohibition. Persons aboard 
charter/party fishing vessels fishing in the GOM Regulated Mesh Area 
specified under Sec.  648.80(a)(1) may not fish for or possess any cod 
from November 1 through April 15. Charter/party vessels in possession 
of cod caught outside the GOM Regulated Mesh Area may transit this 
area, provided all bait and hooks are removed from fishing rods and any 
cod on board has been gutted and stored.
* * * * *
    (f) SNE/MA winter flounder retention prohibition. Private 
recreational and charter/party vessels fishing in the SNE/MA winter 
flounder stock area as defined in Sec.  648.85(b)(10)(v)(E), may not 
fish for, posses, or land winter flounder. Recreational vessels in 
possession of winter flounder caught outside of the

[[Page 2984]]

SNE/MA winter flounder may transit this area, provided all bait and 
hooks are removed from fishing rods and any winter flounder on board 
has been stored.
[FR Doc. E9-846 Filed 1-15-09; 8:45 am]
BILLING CODE 3510-22-S