[Federal Register Volume 74, Number 84 (Monday, May 4, 2009)]
[Rules and Regulations]
[Pages 20528-20557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10156]



[[Page 20527]]

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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 648



Magnuson-Stevens Fishery Conservation and Management Act Provisions; 
Fisheries of the Northeastern United States; Final Rule

  Federal Register / Vol. 74, No. 84 / Monday, May 4, 2009 / Rules and 
Regulations  

[[Page 20528]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 080410547-9274-02]
RIN 0648-AW70


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States

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

ACTION: Final rule.

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SUMMARY: Several sections of the regulations governing the fisheries of 
the northeastern United States contain minor inadvertent errors, 
omissions, and ambiguities. This rule revises the portions of the 
Northeast (NE) fishery regulations that relate to the Vessel Monitoring 
System (VMS) and prohibitions, standardizes the VMS vendor 
requirements, and adds prohibitions and other regulations to clarify 
existing policies and requirements.

DATES: Effective May 1, 2009, except for amendments 11 and 12 to Sec.  
648.14, amendment 18.c to Sec.  648.82, amendment 19.c to Sec.  648.85, 
and amendment 20.c to Sec.  648.86, which are effective from May 1, 
2009, through October 28, 2009.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to the Regional Administrator, 
Northeast Region, National Marine Fisheries Service, and by e-mail to 
[email protected], or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Moira C. Kelly, Fishery Policy 
Analyst, phone (978) 281-9218, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: This rule revises portions of the NE fishery 
regulations by reorganizing the VMS and prohibitions sections, 
standardizing the VMS vendor requirements, and adding prohibitions and 
other regulations that correct or clarify existing policies and 
requirements. The changes are enacted under the authority given to the 
Secretary of Commerce at section 305(d) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) to promulgate 
regulations to fully carry out the requirements of the Act. A proposed 
rule for this action was published on January 15, 2009 (74 FR 2478). No 
comments were received. The changes are summarized below.

VMS-Related Modifications

    This action standardizes the qualification requirements of VMS 
vendors and VMS units between the NMFS NE Region and the National VMS 
program. The Regional Administrator, NE Region, NMFS (RA), retains the 
authority to approve or disapprove a vendor or unit for use in the NE 
Region; however, the standards against which the vendors are judged 
will be the same as used by the National VMS program. This action 
ensures that the VMS vendors meet industry-accepted criteria while the 
NE Region's specific VMS needs are met.
    For consistency across fishery management plans (FMPs), a measure 
implemented under the Surfclam and Ocean Quahog FMP requiring vessel 
owners to call the NMFS Office of Law Enforcement (OLE) to verify 
connectivity between a new or replacement VMS unit and OLE prior to the 
vessel sailing on its first trip using VMS is expanded to all vessel 
owners. This expansion allows OLE to ensure that the units are 
installed and registered correctly in all of the necessary systems. In 
addition, this action reorganizes the VMS regulations so that the 
requirements that apply to vessel owners/operators are separate and 
distinguishable from the requirements that apply to VMS vendors. 
Further, the VMS Demarcation Line is modified through the addition of a 
new coordinate intended to allow vessels from Monhegan Island, Isle au 
Haut, and Matinicus Isle, Maine, to more easily comply with the VMS 
requirements of the NE Multispecies FMP.

Prohibitions-Related Modifications

    The prohibitions section (Sec.  648.14) is reorganized to assist 
industry in more easily understanding the rules and regulations, and 
serves to improve compliance with those requirements. This rule groups 
together the prohibitions relating to a specific FMP, titles the 
sections and subsections, and provides more guidance on where to find a 
specific prohibition. This action also adds prohibitions to clarify or 
correct existing requirements. The additional prohibitions, which 
relate to regulations that have already been reviewed and approved 
through appropriate rulemaking procedures, clarify that aiding and 
abetting actions prohibited by the Magnuson-Stevens Act, or any other 
statute administered by NOAA, is prohibited; that observers are 
prohibited from providing false information; that miscoding of trips 
through the VMS by vessel owners/operators is not permissible; that 
transferring regulated species at sea, without authorization from the 
RA, or as otherwise permitted, is prohibited; and that any vessel 
possessing or retaining any species regulated by the NE Region must be 
under its own power.

Other Modifications

    Several regulations pertaining to VMS were inadvertently deleted 
when two final rules affecting the same sections of the regulations 
became effective at about the same time in December 2007. The final 
rule implementing Surfclam/Ocean Quahog Framework Adjustment (FW) 1 
inadvertently deleted sections of the VMS regulations that were 
modified or added under the NE Multispecies FW 42 correction rule. This 
rule reinstates those regulations. Other sections that are clarified 
relate to recordkeeping requirements and twine-top measurements of 
scallop dredges. The recordkeeping regulations (Sec.  648.7) are 
modified to specify some of the types of records vessel owners and 
dealers are required to retain, and to clarify that any person acting 
in the capacity of a Federally permitted dealer is subject to the same 
requirements as a Federally permitted dealer. Further, this rule 
clarifies, at Sec.  648.51, how to measure twine-top in scallop dredges 
and assist industry members with complying with the minimum mesh size 
requirements of the Atlantic Sea Scallop FMP. Other minor adjustments 
to the regulations correct the references of the Regular B Days-At-Sea 
(DAS) Program by removing the word ``pilot,'' and make other 
corrections to cross-references.
    A detailed description of the regulatory changes, including their 
justification, is provided in the proposed rule (January 15, 2009, 74 
FR 2478) and is not repeated here. NMFS received no comments during the 
comment period on the proposed rule.

Changes From the Proposed Rule

    Minor errors in the proposed rule are corrected, including 
renumbering incorrect sequences of prohibitions; one prohibition is 
modified, and one prohibition is added for clarity. The prohibition 
barring fishing, possessing, or landing regulated NE multispecies after 
using an entire DAS allocation is clarified by removing the words ``in 
excess of a possession limit'' after ``landing.'' This is to clarify 
that it is not legal to land any regulated NE

[[Page 20529]]

multispecies after fully using a DAS allocation. In addition, a 
prohibition is added to clarify the requirements of vessel owners with 
regard to the Scallop Observer Program, specifying that failure to 
comply with the notification, observer services procurement, and 
observer services payment requirements of the sea scallop observer 
program specified in Sec.  648.11(g) is prohibited. The reorganization 
of this rule also affects portions of the prohibitions and NE 
multispecies regulations that were suspended under the NE multispecies 
interim rule (74 FR 17030, April 13, 2009). This rule revises several 
of the suspended sections (portions of Sec.  648.14, as well as Sec.  
648.82(e)(2)(iii)(B) and (e)(3); Sec.  648.85(a)(3)(ii)(A)(1); 
(b)(6)(i); (b)(6)(iv)(A) and (B); (b)(6)(v); (b)(7)(iv)(A); and Sec.  
648.86(b)(1)(ii)(B)), and renumbers the prohibitions that were added 
under the interim rule. In order to preserve the intent of the interim 
action, it is necessary to reissue all of the regulations that are 
affected by both rules, re-suspend those sections that were suspended 
by the interim rule, and restate the end of effectiveness date for the 
temporary regulations. None of the interim rule regulations are 
modified by this final rule and no new sections have been suspended. 
All of the suspensions and the additional interim regulations will be 
effective through the end of the interim action, including any 
suspensions.

Classification

    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C. 553(d)(3) to make this rule effective immediately, 
thereby waiving the 30-day delayed effective date required by 5 U.S.C. 
553(d) because it is unnecessary and contrary to the public interest. 
The rule is administrative in nature and merely reorganizes sections of 
the regulations and codifies existing policies and procedures for 
clarity. The reorganization of the Prohibitions and VMS sections of the 
regulations is not substantive and has no effect on the public. It is 
intended to improve the public's understanding of the regulations by 
presenting the regulations more clearly. Several prohibitions are added 
to support existing regulations that had been approved through standard 
rulemaking procedures. Other minor additions to the regulations are to 
make the recordkeeping requirements more specific, in order to assist 
permitted dealers in more effectively complying with the regulations, 
as well as specify the process by which twine-top is measured to assist 
vessel owners in complying with minimum mesh size requirements. None of 
the additional regulations impose new requirements on the public and 
are intended to explain existing requirements more clearly.
    Pursuant to section 305(d) of the Magnuson-Stevens Act, the 
Assistant Administrator for Fisheries, NOAA, has determined that this 
rule is consistent with the FMPs of the NE Region, other provisions of 
the Magnuson-Stevens Act, and other applicable law.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This rule contains a non-substantive change to a previously 
approved collection-of-information requirement subject to review and 
approval by OMB under the Paperwork Reduction Act (PRA), which has been 
approved by OMB under control number 0648-0202. Public reporting burden 
for the requirement to confirm VMS connectivity with the NMFS OLE is 
estimated to average 5 minutes per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding these burden 
estimates or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to [email protected], or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 28, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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


0
2. In Sec.  648.2, definitions for ``MCSP,'' ``MTU,'' and ``Records'' 
are added in alphabetical order to read as follows:

Sec.  648.2  Definitions.

* * * * *
    MCSP means a Mobile Communications Service Provider, which is an 
operator of a mobile communications service used to provide wireless 
connectivity between mobile platforms and fixed platforms, and enables 
location transmission and two-way message exchange between the vessel 
and NMFS, when using a compatible MTU.
* * * * *
    MTU means a Mobile Transmitting Unit, which is a transceiver or 
communications device, including antennae, dedicated message terminal 
and display, and an input device such as a keyboard installed on a 
fishing vessel participating in the VMS program.
* * * * *
    Records, with respect to records required to be kept by Sec.  
648.7, means those that include, but are not limited to, any written, 
recorded, graphic, electronic, or digital material; as well as other 
information stored in or accessible through a computer or other 
information retrieval system; worksheets; weighout slips; preliminary, 
interim, and final tally sheets; tags; notes; logbooks; statements; 
receipts; checks; ledgers; notebooks; diaries; spreadsheets; diagrams; 
graphs; charts; tapes; disks; or computer printouts.
* * * * *

0
3. In Sec.  648.4, paragraphs (a)(8)(ii) and (a)(9)(i)(N)(3)(i) are 
revised to read as follows:

Sec.  648.4  Vessel permits.

    (a) * * *
    (8) * * *
    (ii) Party and charter vessels. All party or charter boats must 
have been issued and carry on board a valid party or charter boat 
permit to fish for,

[[Page 20530]]

possess, or land Atlantic bluefish in or from the EEZ if carrying 
passengers for hire. Persons on board such vessels must observe the 
possession limits established pursuant to Sec.  648.164 and the 
prohibitions on sale specified in Sec.  648.14(q).
    (9) * * *
    (i) * * *
    (N) * * *
    (3) * * *
    (i) A vessel denied a limited access monkfish Category G or H 
permit may fish under the monkfish DAS program, provided that the 
denial has been appealed, the appeal is pending, and the vessel has on 
board a letter from the Regional Administrator authorizing the vessel 
to fish under the monkfish DAS program. The letter of authorization 
must be carried on board the vessel. A vessel with such a letter of 
authorization shall not exceed the annual allocation of monkfish DAS as 
specified in Sec.  648.92(b)(1) and must report the use of monkfish DAS 
according to the provisions of Sec.  648.10. If the appeal is finally 
denied, the Regional Administrator shall send a notice of final denial 
to the vessel owner; the letter authorizing temporary participation in 
the monkfish fishery shall become invalid 5 days after receipt of the 
notice of denial, but no later than 10 days from the date of the denial 
letter. If the appeal is approved, any DAS used during pendency of the 
appeal shall be deducted from the vessel's annual allocation of 
monkfish DAS for that fishing year.
* * * * *

0
4. In Sec.  648.7, paragraphs (a)(1) introductory text, (d), and (e) 
are revised to read as follows:

Sec.  648.7  Recordkeeping and reporting requirements.

    (a) * * *
    (1) Detailed report. Federally permitted dealers, and any 
individual acting in the capacity of a dealer, must submit to the 
Regional Administrator or to the official designee a detailed report of 
all fish purchased or received for a commercial purpose, other than 
solely for transport on land, within the time period specified in 
paragraph (f) of this section, by one of the available electronic 
reporting mechanisms approved by NMFS, unless otherwise directed by the 
Regional Administrator. The following information, and any other 
information required by the Regional Administrator, must be provided in 
each report:
* * * * *
    (d) Inspection. Upon the request of an authorized officer or an 
employee of NMFS designated by the Regional Administrator to make such 
inspections, all persons required to submit reports under this part 
must make immediately available for inspection copies of reports, and 
all records upon which those reports are or will be based, that are 
required to be submitted or kept under this part.
    (e) Record retention. Any record, as defined at Sec.  648.2, 
related to fish possessed, received, or purchased by a dealer that is 
required to be reported, must be retained and be available for 
immediate review for a total of 3 years after the date the fish were 
first possessed, received, or purchased. Dealers must retain the 
required records and reports at their principal place of business. 
Copies of fishing log reports must be kept on board the vessel and 
available for review for at least 1 year, and must be retained for a 
total of 3 years after the date the fish were last possessed, landed, 
and sold.
* * * * *

0
5. Section 648.9 is revised to read as follows:

Sec.  648.9  VMS vendor and unit requirements.

    (a) Approval. The type approval requirements for VMS MTUs and MCSPs 
for the Northeast Region are those as published by the NMFS Office of 
Law Enforcement in the Federal Register, and are available upon 
request. Both the minimum national standards and any established 
regional standards must be met in order to receive approval for use in 
the Northeast Region. The Regional Administrator shall approve all MTUs 
and MCSPs operating in the Northeast Region.
    (b) Maintenance. Once approved, VMS units must maintain the minimum 
standards for which they were approved in the type approval 
requirements. Any changes made to the original submission for approval 
of an MTU or MCSP by NMFS must follow the procedures outlined in the 
type approval requirements.
    (c) Notification. A list of approved VMS vendors will be published 
on the Northeast Regional Office Web site and in each proposed and 
final rule for implementing or modifying VMS requirements for specific 
fisheries.
    (d) Revocations. In the event that a VMS vendor is deleted from the 
list of approved vendors, vessel owners that purchased a VMS unit from 
that vendor to meet Northeast requirements will be considered 
authorized to use that unit for the remainder of the unit's service 
life.

0
6. Section 648.10 is revised to read as follows:


Sec.  648.10  VMS and DAS requirements for vessel owners/operators.

    (a) VMS Demarcation Line. The VMS Demarcation Line is defined by 
straight lines connecting the following coordinates in the order stated 
(a copy of a map showing the line is available from the Regional 
Administrator upon request):

                          VMS Demarcation Line
------------------------------------------------------------------------
           Description                  N. lat.            W. long.
------------------------------------------------------------------------
1. Northern terminus point        45[deg]03'          66[deg]47'
 (Canada landmass).
2. A point east of West Quoddy    44[deg]48.9'        66[deg]56.1'
 Head Light.
3. A point east of Little River   44[deg]39.0'        67[deg]10.5'
 Light.
4. Whistle Buoy ``8BI'' (SSE of   44[deg]13.6'        68[deg]10.8'
 Baker Island).
5. Isle au Haut Light...........  44[deg]03.9'        68[deg]39.1'
6. A point south of Monhegan      43[deg]43.3'        69[deg]18.6'
 Island.
7. Pemaquid Point Light.........  43[deg]50.2'        69[deg]30.4'
8. A point west of Halfway Rock.  43[deg]38.0'        70[deg]05.0'
9. A point east of Cape Neddick   43[deg]09.9'        70[deg]34.5'
 Light.
10. Merrimack River Entrance      42[deg]48.6'        70[deg]47.1'
 ``MR'' Whistle Buoy.
11. Halibut Point Gong Buoy       42[deg]42.0'        70[deg]37.5'
 ``1AHP''.
12. Connecting reference point..  42[deg]40'          70[deg]30'
13. Whistle Buoy ``2'' off        42[deg]34.3'        70[deg]39.8'
 Eastern Point.
14. The Graves Light (Boston)...  42[deg]21.9'        70[deg]52.2'
15. Minots Ledge Light..........  42[deg]16.2'        70[deg]45.6'

[[Page 20531]]

 
16. Farnham Rock Lighted Bell     42[deg]05.6'        70[deg]36.5'
 Buoy.
17. Cape Cod Canal Bell Buoy      41[deg]48.9'        70[deg]27.7'
 ``CC''.
18. A point inside Cape Cod Bay.  41[deg]48.9'        70[deg]05'
19. Race Point Lighted Bell Buoy  42[deg]04.9'        70[deg]16.8'
 ``RP''.
20. Peaked Hill Bar Whistle Buoy  42[deg]07.0'        70[deg]06.2'
 ``2PH''.
21. Connecting point, off Nauset  41[deg]50'          69[deg]53'
 Light.
22. A point south of Chatham      41[deg]38'          69[deg]55.2'
 ``C'' Whistle Buoy.
22. A point in eastern Vineyard   41[deg]30'          70[deg]33'
 Sound.
24. A point east of Martha's      41[deg]22.2'        70[deg]24.6'
 Vineyard.
25. A point east of Great Pt.     41[deg]23.4'        69[deg]57'
 Light, Nantucket.
26. A point SE of Sankaty Head,   41[deg]13'          69[deg]57'
 Nantucket.
27. A point west of Nantucket...  41[deg]15.6'        70[deg]25.2'
28. Squibnocket Lighted Bell      41[deg]15.7'        70[deg]46.3'
 Buoy ``1''.
29. Wilbur Point (on Sconticut    41[deg]35.2'        70[deg]51.2'
 Neck).
30. Mishaum Point (on Smith       41[deg]31.0'        70[deg]57.2'
 Neck).
31. Sakonnet Entrance Lighted     41[deg]25.7'        71[deg]13.4'
 Whistle Buoy ``SR''.
32. Point Judith Lighted Whistle  41[deg]19.3'        71[deg]28.6'
 Buoy ``2''.
33. A point off Block Island      41[deg]08.2'        71[deg]32.1'
 Southeast Light.
34. Shinnecock Inlet Lighted      40[deg]49.0'        72[deg]28.6'
 Whistle Buoy ``SH''.
35. Scotland Horn Buoy ``S'',     40[deg]26.5'        73[deg]55.0'
 off Sandy Hook (NJ).
36. Barnegat Lighted Gong Buoy    39[deg]45.5'        73[deg]59.5'
 ``2''.
37. A point east of Atlantic      39[deg]21.9'        74[deg]22.7'
 City Light.
38. A point east of Hereford      39[deg]00.4'        74[deg]46'
 Inlet Light.
39. A point east of Cape          38[deg]47'          75[deg]04'
 Henlopen Light.
40. A point east of Fenwick       38[deg]27.1'        75[deg]02'
 Island Light.
41. A point NE of Assateague      38[deg]00'          75[deg]13'
 Island (VA).
42. Wachapreague Inlet Lighted    37[deg]35.0'        75[deg]33.7'
 Whistle Buoy ``A''.
43. A point NE of Cape Henry....  36[deg]55.6'        75[deg]58.5'
44. A point east of Currituck     36[deg]22.6'        75[deg]48'
 Beach Light.
45. Oregon Inlet (NC) Whistle     35[deg]48.5'        75[deg]30'
 Buoy.
46. Wimble Shoals, east of        35[deg]36'          75[deg]26'
 Chicamacomico.
47. A point SE of Cape Hatteras   35[deg]12.5'        75[deg]30'
 Light.
48. Hatteras Inlet Entrance Buoy  35[deg]10'          75[deg]46'
 ``HI''.
49. Ocracoke Inlet Whistle Buoy   35[deg]01.5'        76[deg]00.5'
 ``OC''.
50. A point east of Cape Lookout  34[deg]36.5'        76[deg]30'
 Light.
51. Southern terminus point.....  34[deg]35'          76[deg]41'
------------------------------------------------------------------------

     (b) Vessels required to use VMS. The following vessels must have 
installed on board an operational VMS unit that meets the minimum 
performance criteria specified in, or as modified pursuant to Sec.  
648.9(a):
    (1) A scallop vessel issued a Full-time or Part-time limited access 
scallop permit, or an LAGC scallop permit;
    (2) A scallop vessel issued an Occasional limited access permit 
when fishing under the Sea Scallop Area Access Program specified under 
Sec.  648.60;
    (3) A vessel issued a limited access monkfish, Occasional scallop, 
or Combination permit, whose owner elects to provide the notifications 
required by this paragraph (b), unless otherwise authorized or required 
by the Regional Administrator under paragraph (d) of this section;
    (4) A vessel issued a limited access NE multispecies permit that 
fishes under a NE multispecies Category A or B DAS;
    (5) A vessel issued a surfclam (SF 1) or an ocean quahog (OQ 6) 
open access permit;
    (6) Effective January 1, 2009, a vessel issued a Maine mahogany 
quahog (OQ 7) limited access permit, unless otherwise exempted under 
paragraph Sec.  648.4(a)(4)(ii)(B)(1);
    (7) A limited access monkfish vessel electing to fish in the 
Offshore Fishery Program in the SFMA, as provided in Sec.  648.95; and
    (8) A vessel issued a limited access herring permit (i.e., All 
Areas Limited Access Permit, Areas 2 and 3 Limited Access Permit, 
Incidental Catch Limited Access Permit).
    (c) Operating requirements for all vessels. (1) Except as provided 
in paragraph (c)(2) of this section, or unless otherwise required by 
paragraph (c)(1)(ii) of this section, all required VMS units must 
transmit a signal indicating the vessel's accurate position, as 
specified under paragraph (c)(1)(i) of this section:
    (i) At least every hour, 24 hr a day, throughout the year; or
    (ii) At least twice per hour, 24 hr a day, throughout the year, for 
vessels issued a scallop permit and subject to the requirements of 
Sec.  648.4(a)(2)(ii)(B).
    (2) Power-down exemption. (i) Any vessel required to transmit the 
vessel's location at all times, as required in paragraph (c)(1) of this 
section, is exempt from this requirement if it meets one or more of the 
following conditions and requirements:
    (A) The vessel will be continuously out of the water for more than 
72 consecutive hours, the vessel signs out of the VMS program by 
obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) 
of this section, and the vessel complies with all conditions and 
requirements of said letter;
    (B) For vessels fishing with a valid NE multispecies limited access 
permit, a valid surfclam and ocean quahog permit specified at Sec.  
648.4(a)(4), or an Atlantic sea scallop limited access permit, the 
vessel owner signs out of the VMS program for a minimum period of 30 
consecutive days by obtaining a valid letter of exemption pursuant to 
paragraph (c)(2)(ii) of this section, the vessel does not engage in any 
fisheries until the VMS unit is turned back on, and the vessel complies 
with all conditions and requirements of said letter;

[[Page 20532]]

    (C) The vessel has been issued a limited access herring permit, and 
is in port, unless required by other permit requirements for other 
fisheries to transmit the vessel's location at all times. Such a vessel 
must re-power the VMS and submit a valid VMS activity declaration prior 
to leaving port; or
    (D) The vessel has been issued an LAGC permit, is not in possession 
of any scallops onboard the vessel, is tied to a permanent dock or 
mooring, the vessel operator has notified NMFS through VMS by 
transmitting the appropriate VMS power-down code that the VMS will be 
powered down, and the vessel is not required by other permit 
requirements for other fisheries to transmit the vessel's location at 
all times. Such a vessel must re-power the VMS and submit a valid VMS 
activity declaration prior to moving from the fixed dock or mooring. 
VMS codes and instructions are available from the Regional 
Administrator.
    (ii) Letter of exemption--(A) Application. A vessel owner may apply 
for a letter of exemption from the VMS transmitting requirements 
specified in paragraph (c)(1) of this section for his/her vessel by 
sending a written request to the Regional Administrator and providing 
the following: The location of the vessel during the time an exemption 
is sought; the exact time period for which an exemption is needed 
(i.e., the time the VMS signal will be turned off and turned on again); 
and, in the case of a vessel meeting the conditions of paragraph 
(c)(2)(i)(A) of this section, sufficient information to determine that 
the vessel will be out of the water for more than 72 consecutive hours. 
The letter of exemption must be on board the vessel at all times, and 
the vessel may not turn off the VMS signal until the letter of 
exemption has been received.
    (B) Issuance. Upon receipt of an application, the Regional 
Administrator may issue a letter of exemption to the vessel if it is 
determined that the vessel owner provided sufficient information as 
required under this paragraph (c)(2), and that the issuance of the 
letter of exemption will not jeopardize accurate monitoring of the 
vessel's DAS. Upon written request, the Regional Administrator may 
change the time period for which the exemption is granted.
    (d) Presumption. If a VMS unit fails to transmit an hourly signal 
of a vessel's position, the vessel shall be deemed to have incurred a 
DAS, or fraction thereof, for as long as the unit fails to transmit a 
signal, unless a preponderance of evidence shows that the failure to 
transmit was due to an unavoidable malfunction or disruption of the 
transmission that occurred while the vessel was properly declared out 
of the scallop fishery, NE multispecies fishery, or monkfish fishery, 
as applicable, or while the vessel was not at sea.
    (e) VMS notifications--(1) VMS installation notification. (i) The 
owner of such a vessel specified in paragraph (b) of this section, with 
the exception of a vessel issued a limited access NE multispecies 
permit as specified in paragraph (b)(4) of this section, must provide 
documentation to the Regional Administrator at the time of application 
for a limited access permit that the vessel has an operational VMS unit 
installed on board that meets the minimum performance criteria, unless 
otherwise allowed under paragraph (b) of this section.
    (ii) Vessel owners must confirm the VMS unit's operation and 
communications service to NMFS by calling the Office of Law Enforcement 
(OLE) to ensure that position reports are automatically sent to and 
received by NMFS OLE.
    (iii) NMFS does not regard the fishing vessel as meeting the VMS 
requirements until automatic position reports and a manual declaration 
are received.
    (iv) If a vessel has already been issued a limited access permit 
without the owner providing such documentation, the Regional 
Administrator shall allow at least 30 days for the vessel to install an 
operational VMS unit that meets the minimum performance criteria, and 
for the owner to provide documentation of such installation to the 
Regional Administrator.
    (v) The owner of a vessel issued a limited access NE multispecies 
permit that fishes or intends to fish under a Category A or B DAS as 
specified in paragraph (b)(1)(vi) of this section must provide 
documentation to the Regional Administrator that the vessel has an 
operational VMS unit installed on board, meeting all requirements of 
this part, prior to fishing under a groundfish DAS.
    (vi) NMFS shall provide notification to all affected permit holders 
providing detailed information on procedures pertaining to VMS 
purchase, installation, and use.
    (2) Replacement VMS installations. Should a VMS unit require 
replacement, a vessel owner must submit documentation to the Regional 
Administrator, within 3 days of installation and prior to the vessel's 
next trip, verifying, as described in this paragraph (e), that the new 
VMS unit is an operational approved system as described under Sec.  
648.9(a).
    (3) Access. As a condition to obtaining a limited access scallop, 
multispecies, an Atlantic herring, a surfclam, ocean quahog, or Maine 
mahogany quahog permit; or as a condition of using a VMS unit; all 
vessel owners must allow NMFS, the USCG, and their authorized officers 
or designees access to the vessel's DAS data, if applicable, and to 
location data obtained from its VMS unit, if required, at the time of 
or after its transmission to the vendor or receiver, as the case may 
be.
    (4) Tampering. Tampering with a VMS, a VMS unit, or a VMS signal, 
is prohibited. Tampering includes any activity that may affect the 
unit's ability to operate or signal properly, or to accurately compute 
or report the vessel's position.
    (5) Fishery participation notification. (i) A vessel subject to the 
VMS requirements of Sec.  648.9 and paragraphs (b)-(d) of this section 
that has crossed the VMS Demarcation Line under paragraph (a) of this 
section is deemed to be fishing under the DAS program, the General 
Category scallop fishery, or other fishery requiring the operation of 
VMS as applicable, unless prior to leaving port, the vessel's owner or 
authorized representative declares the vessel out of the scallop, NE 
multispecies, or monkfish fishery, as applicable, for a specific time 
period. NMFS must be notified by transmitting the appropriate VMS code 
through the VMS, or unless the vessel's owner or authorized 
representative declares the vessel will be fishing in the Eastern U.S./
Canada Area, as described in Sec.  648.85(a)(3)(ii), under the 
provisions of that program.
    (ii) Notification that the vessel is not under the DAS program, the 
General Category scallop fishery, or any other fishery requiring the 
operation of VMS, must be received by NMFS prior to the vessel leaving 
port. A vessel may not change its status after the vessel leaves port 
or before it returns to port on any fishing trip.
    (iii) DAS counting for a vessel that is under the VMS notification 
requirements of paragraph (b) of this section, with the exception of 
vessels that have elected to fish exclusively in the Eastern U.S./
Canada Area on a particular trip, as described in paragraph (e)(5) of 
this section, begins with the first location signal received showing 
that the vessel crossed the VMS Demarcation Line after leaving port. 
DAS counting ends with the first location signal received showing that 
the vessel crossed the VMS Demarcation Line upon its return to port.
    (iv) For those vessels that have elected to fish exclusively in the 
Eastern U.S./Canada Area pursuant to Sec.  648.85(a)(3)(ii), the 
requirements of

[[Page 20533]]

this paragraph (b) begin with the first location signal received 
showing that the vessel crossed into the Eastern U.S./Canada Area and 
end with the first location signal received showing that the vessel 
crossed out of the Eastern U.S./Canada Area upon beginning its return 
trip to port, unless the vessel elects to also fish outside the Eastern 
U.S./Canada Area on the same trip, in accordance with Sec.  
648.85(a)(3)(ii)(A).
    (v) The Regional Administrator may authorize or require the use of 
the call-in system instead of the use of VMS, as described under 
paragraph (h) of this section. Furthermore, the Regional Administrator 
may authorize or require the use of letters of authorization as an 
alternative means of enforcing possession limits, if VMS cannot be used 
for such purposes.
    (f) Atlantic sea scallop vessel VMS notification requirements. Less 
than 1 hr prior to leaving port, the owner or authorized representative 
of a scallop vessel that is required to use VMS as specified in 
paragraph (b)(1) of this section must notify the Regional Administrator 
by entering the appropriate VMS code that the vessel will be 
participating in the scallop DAS program, Area Access Program, or 
general category scallop fishery. VMS codes and instructions are 
available from the Regional Administrator upon request.
    (1) IFQ scallop vessels. An IFQ scallop vessel that has crossed the 
VMS Demarcation Line specified under paragraph (a) of this section is 
deemed to be fishing under the IFQ program, unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery (i.e., agrees that the vessel 
will not possess, retain, or land scallops) for a specific time period 
by notifying the Regional Administrator through the VMS. An IFQ scallop 
vessel that is fishing north of 42[deg]20' N. lat. is deemed to be 
fishing under the NGOM scallop fishery unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery, as specified in paragraphs 
(e)(5)(i) and (ii) of this section, and the vessel does not possess, 
retain, or land scallops.
    (2) NGOM scallop fishery. An NGOM scallop vessel is deemed to be 
fishing under the NGOM scallop fishery unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery, as specified in paragraphs 
(e)(5)(i) and (ii) of this section, and the vessel does not possess, 
retain, or land scallops.
    (3) Incidental scallop fishery. An Incidental scallop vessel that 
has crossed the VMS Demarcation Line on any declared fishing trip for 
any species is deemed to be fishing under the Incidental scallop 
fishery unless, prior to the vessel leaving port, the vessel's owner or 
authorized representative declares the vessel out of the scallop 
fishery, as specified in paragraphs (e)(5)(i) and (ii) of this section, 
and the vessel does not possess, retain, or land scallops.
    (4) Catch reports. All scallop vessels fishing in the Sea Scallop 
Area Access Program as described in Sec.  648.60 are required to submit 
daily reports through VMS of scallops kept and yellowtail flounder 
caught (including discarded yellowtail flounder) on each Access Area 
trip. The VMS catch reporting requirements are specified in Sec.  
648.60(a)(9). A vessel issued an IFQ or NGOM scallop permit must report 
through VMS the amount of scallops kept on each trip declared as a 
scallop trip or on trips that are not declared through VMS as scallop 
trips, but on which scallops are caught incidentally. VMS catch reports 
by IFQ and NGOM scallop vessels must be sent prior to crossing the VMS 
Demarcation Line on the way back to port at the end of the trip, and 
must include the amount of scallop meats to be landed, the estimated 
time of arrival in port, the port at which the scallops will be landed, 
and the vessel trip report serial number recorded from that trip's 
vessel trip report.
    (5) Scallop vessels fishing under exemptions. Vessels fishing under 
the exemptions provided by Sec.  648.54 (a) and/or (b)(1) must comply 
with the exemption requirements and notify the Regional Administrator 
by VMS notification or by call-in notification as follows:
    (i) VMS notification for scallop vessels fishing under exemptions. 
(A) Notify the Regional Administrator, via their VMS, prior to the 
vessel's first trip under the state waters exemption program, that the 
vessel will be fishing exclusively in state waters; and
    (B) Notify the Regional Administrator, via their VMS, prior to the 
vessel's first planned trip in the EEZ, that the vessel is to resume 
fishing under the vessel's DAS allocation.
    (ii) Call-in notification for scallop vessels fishing under 
exemptions. (A) Notify the Regional Administrator by using the call-in 
system and providing the following information at least 7 days prior to 
fishing under the exemption:
    (1) Owner and caller name and address;
    (2) Vessel name and permit number; and
    (3) Beginning and ending dates of the exemption period.
    (B) Remain under the exemption for a minimum of 7 days.
    (C) If, under the exemption for a minimum of 7 days and wishing to 
withdraw earlier than the designated end of the exemption period, 
notify the Regional Administrator of early withdrawal from the program 
by calling the call-in system, providing the vessel's name and permit 
number and the name and phone number of the caller, and stating that 
the vessel is withdrawing from the exemption. The vessel may not leave 
port to fish in the EEZ until 48 hr after notification of early 
withdrawal is received by the Regional Administrator.
    (D) The Regional Administrator will furnish a phone number for 
call-ins upon request.
    (E) Such vessels must comply with the VMS notification requirements 
specified in paragraph (e) of this section by notifying the Regional 
Administrator by entering the appropriate VMS code that the vessel is 
fishing outside of the scallop fishery. VMS codes and instructions are 
available from the Regional Administrator upon request.
    (g) VMS notification requirements for other fisheries. (1) Unless 
otherwise specified in this part, or via letters sent to affected 
permit holders under paragraph (e)(1)(iv) of this section, the owner or 
authorized representative of a vessel that is required to use VMS, as 
specified in paragraph (b) 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.
    (2) 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.
    (3) A vessel cannot change any aspect of its VMS activity code 
outside of port, except as follows:
    (i) NE multispecies vessels are authorized to change the category 
of DAS used (i.e., flip its DAS), as provided at Sec.  648.85(b), or 
change the area declared to be fished so that the vessel may fish both 
inside and outside of the Eastern U.S./Canada Area on the same trip, as 
provided at Sec.  648.85(a)(3)(ii)(A).
    (ii) Vessels issued both a NE multispecies permit and a monkfish 
permit are authorized to change their

[[Page 20534]]

DAS declaration from a NE multispecies Category A DAS to a monkfish 
DAS, while remaining subject to the to the NE multispecies DAS usage 
requirements under Sec.  648.92(b)(1)(i), during the course of a trip, 
as provided at Sec.  648.92(b)(1)(iii)(A).
    (4) VMS activity codes and declaration instructions are available 
from the Regional Administrator upon request.
    (h) Call-in notification. The owner of a vessel issued a limited 
access monkfish or red crab permit who is participating in a DAS 
program and who is not required to provide notification using a VMS, 
and a scallop vessel qualifying for a DAS allocation under the 
occasional category that has not elected to fish under the VMS 
notification requirements of paragraph (e) of this section and is not 
participating in the Sea Scallop Area Access program as specified in 
Sec.  648.60, and any vessel that may be required by the Regional 
Administrator to use the call-in program under paragraph (i) of this 
section, are subject to the following requirements:
    (1) Less than 1 hr prior to leaving port, for vessels issued a 
limited access NE multispecies DAS permit or, for vessels issued a 
limited access NE multispecies DAS permit and a limited access monkfish 
permit (Category C, D, F, G, or H), unless otherwise specified in this 
paragraph (h), and, prior to leaving port for vessels issued a limited 
access monkfish Category A or B permit, the vessel owner or authorized 
representative must notify the Regional Administrator that the vessel 
will be participating in the DAS program by calling the call-in system 
and providing the following information:
    (i) Owner and caller name and phone number;
    (ii) Vessel name and permit number;
    (iii) Type of trip to be taken;
    (iv) Port of departure; and
    (v) That the vessel is beginning a trip.
    (2) A DAS begins once the call has been received and a confirmation 
number is given by the Regional Administrator, or when a vessel leaves 
port, whichever occurs first, unless otherwise specified in paragraph 
(e)(2)(iii) of this section.
    (3) Vessels issued a limited access monkfish Category C, D, F, G, 
or H permit that are allowed to fish as a monkfish Category A or B 
vessel in accordance with the provisions of Sec.  648.92(b)(2)(i) are 
subject to the call-in notification requirements for limited access 
monkfish Category A or B vessels specified under this paragraph (h) for 
those monkfish DAS when there is not a concurrent NE multispecies DAS.
    (4) The vessel's confirmation numbers for the current and 
immediately prior NE multispecies, monkfish, or red crab fishing trip 
must be maintained on board the vessel and provided to an authorized 
officer immediately upon request.
    (5) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information:
    (i) Owner and caller name and phone number;
    (ii) Vessel name and permit number;
    (iii) Port of landing; and
    (iv) That the vessel has ended its trip.
    (6) A DAS ends when the call has been received and confirmation has 
been given by the Regional Administrator, or when a vessel enters port 
at the end of a fishing trip, whichever occurs later, unless otherwise 
specified in paragraph (e)(2)(iii) of this section.
    (7) The Regional Administrator will furnish a phone number for DAS 
notification call-ins upon request.
    (8) Any vessel that possesses or lands per trip more than 400 lb 
(181 kg) of scallops; any vessel issued a limited access NE 
multispecies permit subject to the NE multispecies DAS program 
requirements that possesses or lands regulated NE multispecies, except 
as provided in Sec. Sec.  648.10(h)(9)(ii), 648.17, and 648.89; any 
vessel issued a limited access monkfish permit subject to the monkfish 
DAS program and call-in requirement that possess or lands monkfish 
above the incidental catch trip limits specified in Sec.  648.94(c); 
and any vessel issued a limited access red crab permit subject to the 
red crab DAS program and call-in requirement that possesses or lands 
red crab above the incidental catch trip limits specified in Sec.  
648.263(b)(1) shall be deemed to be in its respective DAS program for 
purposes of counting DAS and will be charged DAS from its time of 
sailing to landing, regardless of whether the vessel's owner or 
authorized representative provides adequate notification as required by 
paragraphs (e) through (h) of this section.
    (9) Vessels electing to use VMS. (i) A vessel issued a limited 
access monkfish, Occasional scallop, or Combination permit must use the 
call-in system specified in paragraph (h) of this section, unless the 
owner of such vessel has elected to provide the notifications required 
by paragraph (g) of this section, through VMS as specified under 
paragraph (h)(9)(ii) of this section. Any vessel issued a limited 
access monkfish or an Occasional scallop permit that has elected to 
provide notifications through VMS must continue to provide 
notifications through VMS for the entire fishing year.
    (ii) A vessel issued a limited access monkfish or Occasional 
scallop permit may be authorized by the Regional Administrator to 
provide the notifications required by paragraph (e) of this section 
using the VMS specified in paragraph (b) of this section. For the 
vessel to become authorized, the vessel owner must provide 
documentation to the Regional Administrator at the time of application 
for a limited access permit that the vessel has installed on board an 
operational VMS as provided under Sec.  648.9(a). A vessel that is 
authorized to use the VMS in lieu of the call-in requirement for DAS 
notification shall be subject to the requirements and presumptions 
described under paragraphs (e)(2)(i) through (v) of this section. This 
paragraph (h) does not apply to vessels electing to use the VMS.
    (i) Temporary authorization for use of the call-in system. The 
Regional Administrator may authorize or require, on a temporary basis, 
the use of the call-in system of notification specified in paragraph 
(h) of this section, instead of using the VMS. If use of the call-in 
system is authorized or required, the Regional Administrator shall 
notify affected permit holders through a letter, notification in the 
Federal Register, e-mail, or other appropriate means.
    (j) Additional NE multispecies call-in requirements--(1) Spawning 
season call-in. With the exception of a vessel issued a valid Small 
Vessel category permit or the Handgear A permit category, vessels 
subject to the spawning season restriction described in Sec.  648.82 
must notify the Regional Administrator of the commencement date of 
their 20-day period out of the NE multispecies fishery through the IVR 
system (or through VMS, if required by the Regional Administrator) and 
provide the following information:
    (i) Vessel name and permit number;
    (ii) Owner and caller name and phone number; and
    (iii) Commencement date of the 20-day period.
    (2) Gillnet call-in. A vessel subject to the gillnet restriction 
described in Sec.  648.82 must notify the Regional Administrator of the 
commencement of its time out of the NE multispecies gillnet fishery 
using the procedure described in paragraph (k)(1) of this section.


0
7. In Sec.  648.11, paragraph (i)(3)(v) is added to read as follows:

[[Page 20535]]

Sec.  648.11  At-sea sampler/observer coverage.

* * * * *
    (i) * * *
    (3) * * *
    (v) Observers must accurately record their sampling data, write 
complete reports, and report accurately any observations relevant to 
conservation of marine resources or their environment.

* * * * *

0
8. In Sec.  648.13, paragraph (d) is revised to read as follows:


Sec.  648.13  Transfers at sea.

* * * * *
    (d) All persons are prohibited from transferring or attempting to 
transfer at sea summer flounder from one vessel to another vessel, 
except for vessels that have not been issued a Federal permit and fish 
exclusively in state waters.

* * * * *

0
9. The suspension of paragraphs (a)(50), (53), (121), (129), (130), 
(132), (146), (153), (165), (173) through (175), and (177), (c)(7), 
(23) through (26), (33), (39), (50), (51), (57) through (78), (81) 
through (83), (85), (86), (88), and (89), and (g)(4) and (5) is lifted.


0
10. Revise Sec.  648.14 to read as follows:


Sec.  648.14  Prohibitions.

    (a) General prohibitions. It is unlawful for any person to do any 
of the following:
    (1) Violate any provision of this part, the Magnuson-Stevens Act, 
or any regulation, notice, or permit issued under the Magnuson-Stevens 
Act, or any other statute administered by NOAA.
    (2) Assist, aid, or abet in the commission of any act prohibited by 
the Magnuson-Stevens Act; or any regulation, notice, or permit issued 
under the Magnuson-Stevens Act; or any other statute administered by 
NOAA.
    (3) Fail to report to the Regional Administrator within 15 days any 
change in the information contained in any permit or permit 
application.
    (4) Falsify or fail to affix and maintain vessel markings as 
required by Sec.  648.8.
    (5) Make any false statement or provide any false information on, 
or in connection with, an application, declaration, record or report 
under this part.
    (6) Fail to comply in an accurate and timely fashion with the log 
report, reporting, record retention, inspection, or other requirements 
of Sec.  648.7, or submit or maintain false information in records and 
reports required to be kept or filed under Sec.  648.7.
    (7) Possess, import, export, transfer, land, or have custody or 
control of any species of fish regulated pursuant to this part that do 
not meet the minimum size provisions in this part, unless such species 
were harvested exclusively within state waters by a vessel not issued a 
permit under this part or whose permit has been surrendered in 
accordance with applicable regulations.
    (8) Fail to comply with any sea turtle conservation measure 
specified in 50 CFR parts 222 and 223, including any sea turtle 
conservation measure implemented by notification in the Federal 
Register.
    (9) Violate any provision of an in-season action to adjust trip 
limits, gear usage, season, area access and/or closure, or any other 
measure authorized by this part.
    (10) Food safety program. (i) Purchase, receive for a commercial 
purpose other than transport to a testing facility, or process; or 
attempt to purchase, receive for commercial purpose other than 
transport to a testing facility; or process, outside Maine, ocean 
quahogs harvested in or from the EEZ within the Maine mahogany quahog 
zone, except at a facility participating in an overall food safety 
program, operated by the official state agency having jurisdiction, 
that utilizes food safety-based procedures including sampling and 
analyzing for PSP toxin consistent with procedures used by the State of 
Maine for such purpose.
    (ii) Land ocean quahogs outside Maine that are harvested in or from 
the EEZ within the Maine mahogany quahog zone, except at a facility 
participating in an overall food safety program, operated by the 
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin 
consistent with procedures used by the State of Maine for such purpose.
    (iii) Fish for, harvest, catch, possess; or attempt to fish for, 
harvest, catch, or possess any bivalve shellfish, including Atlantic 
surfclams, ocean quahogs, and mussels with the exception of sea 
scallops harvested only for adductor muscles and shucked at sea, or a 
vessel issued and possessing on board a LOA from the Regional 
Administrator authorizing the collection of shellfish for biological 
sampling and operating under the terms and conditions of said LOA, in 
the area of the EEZ bound by the following coordinates in the order 
stated:
    (A) 43[deg] 00' N. lat., 71[deg] 00' W. long.;
    (B) 43[deg] 00' N. lat., 69[deg] 00' W. long.;
    (C) 41[deg] 39' N. lat., 69[deg] 00' W. long;
    (D) 41[deg] 39' N. lat., 71[deg] 00' W. long., and then ending at 
the first point.
    (iv) Fish for, harvest, catch, or possess; or attempt to fish for, 
harvest, catch, or possess; any scallops except for scallops harvested 
only for adductor muscles and shucked at sea, or a vessel issued and 
possessing on board a Letter of Authorization (LOA) from the Regional 
Administrator authorizing collection of shellfish for biological 
sampling and operating under the terms and conditions of said LOA, in 
the area of the EEZ bound by the following coordinates in the order 
stated:
    (A) 41[deg] 39' N. lat., 71[deg] 00' W. long.;
    (B) 41[deg] 39' N. lat., 69[deg] 00' W. long.;
    (C) 40[deg] 00' N. lat., 69[deg] 00' W. long.;
    (D) 40[deg] 00' N. lat., 71[deg] 00' W. long., and then ending at 
the first point.
    (b) Vessel and operator permits. It is unlawful for any person to 
do any of the following:
    (1) Fish for, take, catch, harvest or land any species of fish 
regulated by this part in or from the EEZ, unless the vessel has a 
valid and appropriate permit issued under this part and the permit is 
on board the vessel and has not been surrendered, revoked, or 
suspended.
    (2) Alter, erase, or mutilate any permit issued under this part or 
any document submitted in support of an application for any such 
permit.
    (3) Operate or act as operator of a vessel that fishes for or 
possesses any species of fish regulated by this part, or that is issued 
a vessel permit pursuant to this part, without having been issued and 
possessing a valid operator's permit.
    (4) Fish for, possess, or land species regulated under this part 
with or from a vessel that is issued a limited access or moratorium 
permit under Sec.  648.4(a) and that has had the horsepower, length, 
GRT, or NT of such vessel or its replacement upgraded or increased in 
excess of the limitations specified in Sec.  648.4(a)(1)(i)(E) and (F).
    (5) Fish for, take, catch, harvest or land any species of fish 
regulated by this part for which the vessel is eligible to possess 
under a limited access or moratorium permit prior to the time the 
vessel has been reissued the applicable limited access or moratorium 
permit by NMFS.
    (6) Attempt to replace a limited access or moratorium fishing 
vessel, as specified at Sec.  648.4(a)(1)(i)(E), more than once during 
a permit year, unless the vessel has been rendered permanently 
inoperable.
    (7) Purchase, possess, or receive from a vessel for a commercial 
purpose, other than solely for transport on land, any species of fish 
for which a vessel permit is required under this part, unless the

[[Page 20536]]

vessel possesses a valid vessel permit issued under this part.
    (8) Transfer, remove, or offload, for a commercial purpose; or 
attempt to transfer, remove, land, or offload, for a commercial 
purpose; at sea, any species regulated under this part, unless the 
transferring vessel has been issued and carries on board a valid LOA 
from the Regional Administrator, or is otherwise exempted, and the 
receiving vessel has been issued and has on board a valid Federal 
permit for the species that is being transferred.
    (9) Fish for, possess, or retain fish, during a fishing trip, 
aboard a Federally permitted vessel that, in the absence of an 
emergency, has not been operating under its own power for the entire 
trip.
    (c) Dealer permits. It is unlawful for any person to do any of the 
following:
    (1) Purchase, possess or receive for a commercial purpose; or 
attempt to purchase, possess or receive for a commercial purpose; other 
than solely for transport on land, any species regulated under this 
part unless in possession of a valid dealer permit issued under this 
part, except that this prohibition does not apply to species that are 
purchased or received from a vessel not issued a permit under this part 
that fished exclusively in state waters, or pursuant to the Sec.  
648.17 NAFO Regulatory Area exemptions.
    (2) Sell, barter, trade, or transfer; or attempt to sell, barter, 
trade, or transfer; other than solely for transport on land, any 
Atlantic herring, multispecies, or monkfish from a vessel that fished 
for such species in the EEZ, unless the dealer or transferee has a 
valid dealer permit issued under Sec.  648.6. A person who purchases 
and/or receives Atlantic herring at sea for his own personal use as 
bait, and does not have purse seine, mid-water trawl, pelagic gillnet, 
sink gillnet, or bottom trawl gear on board, is exempt from the 
requirement to possess an Atlantic herring dealer permit.
    (d) VMS. It is unlawful for any person to do any of the following:
    (1) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, VMS 
unit, or VMS signal required to be installed on or transmitted by 
vessel owners or operators required to use a VMS by this part.
    (2) Fail to submit the appropriate VMS activity code for the 
intended activity at the appropriate time, in accordance with Sec.  
648.10.
    (e) Observer program. It is unlawful for any person to do any of 
the following:
    (1) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion any 
NMFS-approved observer or sea sampler conducting his or her duties; or 
any authorized officer conducting any search, inspection, 
investigation, or seizure in connection with enforcement of this part; 
or any official designee of the Regional Administrator conducting his 
or her duties, including those duties authorized in Sec.  648.7(g).
    (2) Refuse to carry onboard a vessel an observer or sea sampler if 
requested to do so by the Regional Administrator or the Regional 
Administrator's designee.
    (3) Fail to provide information, notification, accommodations, 
access, or reasonable assistance to either a NMFS-approved observer or 
sea sampler conducting his or her duties aboard a vessel as specified 
in Sec.  648.11.
    (4) Submit false or inaccurate data, statements, or reports.
    (f) Research and experimental fishing. It is unlawful for any 
person to violate any terms of a letter authorizing experimental 
fishing pursuant to Sec.  648.12 or fail to keep such letter on board 
the vessel during the period of the experiment.
    (g) Squid, mackerel, and butterfish--(1) All persons. Unless 
participating in a research activity as described in Sec.  648.21(g), 
it is unlawful for any person to do any of the following:
    (i) Possession and landing. Take, retain, possess, or land more 
mackerel, squid or butterfish than specified under, or after the 
effective date of, a notification issued under Sec.  648.22.
    (ii) Transfer and purchase. (A) Purchase or otherwise receive for a 
commercial purpose; other than solely for transport on land; mackerel, 
squid, or butterfish caught by a vessel that has not been issued a 
Federal mackerel, squid, and butterfish vessel permit, unless the 
vessel fishes exclusively in state waters.
    (B) Transfer Loligo, Illex, or butterfish within the EEZ, unless 
the vessels participating in the transfer have been issued a valid 
Loligo and butterfish or Illex moratorium permit and are transferring 
species for which the vessels are permitted, or have a valid squid/
butterfish incidental catch permit and the appropriate LOA from the 
Regional Administrator.
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec.  648.21(g), it is unlawful for 
any person owning or operating a vessel issued a valid mackerel, squid, 
and butterfish fishery permit, or issued an operator's permit, to do 
any of the following:
    (i) General requirement. Fail to comply with any measures 
implemented pursuant to Sec.  648.21.
    (ii) Possession and landing. (A) Possess more than the incidental 
catch allowance of Loligo or butterfish, unless issued a Loligo squid 
and butterfish fishery moratorium permit.
    (B) Possess more than the incidental catch allowance of Illex 
squid, unless issued an Illex squid moratorium permit.
    (C) Take, retain, possess, or land mackerel, squid or butterfish in 
excess of a possession allowance specified in Sec.  648.22.
    (D) Possess 5,000 lb (2.27 mt) or more of butterfish, unless the 
vessel meets the minimum mesh size requirement specified in Sec.  
648.23(a)(2).
    (E) Take, retain, possess, or land mackerel, squid, or butterfish 
after a total closure specified under Sec.  648.22.
    (iii) Gear and vessel requirements. (A) Fish with or possess nets 
or netting that do not meet the gear requirements for Atlantic 
mackerel, Loligo, Illex, or butterfish specified in Sec.  648.23(a); or 
that are modified, obstructed, or constricted, if subject to the 
minimum mesh requirements, unless the nets or netting are stowed in 
accordance with Sec.  648.23(b) or the vessel is fishing under an 
exemption specified in Sec.  648.23(a)(3)(ii).
    (B) Fish for, retain, or possess Atlantic mackerel in or from the 
EEZ with a vessel that exceeds either 165 ft (50.3 m) in length overall 
and 750 GRT, or a shaft horsepower (shp) of 3,000 shp, except for the 
retention and possession of Atlantic mackerel for processing by a 
vessel holding a valid at-sea processor permit pursuant to Sec.  
648.6(a)(2). It shall be presumed that the Atlantic mackerel on board 
were harvested in or from the EEZ, unless the preponderance of reliable 
evidence available indicates otherwise.
    (C) Enter or fish in the mackerel, squid, and butterfish bottom 
trawling restricted areas, as described in Sec.  648.23(a)(4).
    (3) Charter/party restrictions. Unless participating in a research 
activity as described in Sec.  648.21(g), it is unlawful for the owner 
and operator of a party or charter boat issued a mackerel, squid, and 
butterfish fishery permit (including a moratorium permit), when the 
boat is carrying passengers for hire, to do any of the following:
    (i) Violate any recreational fishing measures established pursuant 
to Sec.  648.21(d).
    (ii) Sell or transfer mackerel, squid, or butterfish to another 
person for a commercial purpose.

[[Page 20537]]

    (iii) Carry passengers for hire while fishing commercially under a 
mackerel, squid, and butterfish fishery permit.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All mackerel and butterfish possessed on board a 
party or charter boat issued a mackerel, squid, and butterfish fishery 
permit are deemed to have been harvested from the EEZ.
    (h) Atlantic salmon. Unless participating in a research activity as 
described in Sec.  648.21(g), it is unlawful for any person to do any 
of the following:
    (1) Possession and landing. (i) Use any vessel of the United States 
for taking, catching, harvesting, fishing for, or landing any Atlantic 
salmon taken from or in the EEZ. It shall be presumed that the Atlantic 
salmon on board were harvested in or from the EEZ, unless the 
preponderance of reliable evidence available indicates otherwise.
    (ii) Transfer, directly or indirectly; or attempt to transfer, 
directly or indirectly; to any vessel any Atlantic salmon taken in or 
from the EEZ.
    (2) [Reserved]
    (i) Atlantic sea scallops--(1) All persons. It is unlawful for any 
person to do any of the following:
    (i) Permit requirement. Fish for, possess, or land, scallops 
without the vessel having been issued and carrying onboard a valid 
scallop permit in accordance with Sec.  648.4(a)(2), unless the 
scallops were harvested by a vessel that has not been issued a Federal 
scallop permit and fishes for scallops exclusively in state waters.
    (ii) Gear and crew requirements. Have a shucking or sorting machine 
on board a vessel while in possession of more than 400 lb (181.4 kg) of 
shucked scallops, unless that vessel has not been issued a scallop 
permit and fishes exclusively in state waters.
    (iii) Possession and landing. (A) Fish for or land per trip, or 
possess at any time prior to a transfer to another person for a 
commercial purpose, other than solely for transport on land:
    (1) In excess of 40 lb (18.1 kg) of shucked scallops at any time, 5 
bu (1.76 hL) of in-shell scallops shoreward of the VMS Demarcation 
Line, or 10 bu (3.52 hL) of in-shell scallops seaward of the VMS 
Demarcation Line, unless:
    (i) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit and is properly 
declared into the scallop DAS or Area Access program.
    (iii) The scallops were harvested by a vessel that has been issued 
and carries on board an IFQ scallop permit and is properly declared 
into the IFQ scallop fishery.
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board an NGOM scallop permit, and is properly declared 
into the NGOM scallop management area, and the NGOM TAC specified in 
Sec.  648.62 has not been harvested.
    (v) The scallops were harvested by a vessel that has been issued 
and carries on board an Incidental scallop permit allowing up to 40 lb 
(18.1 kg) of shucked or 5 bu (1.76 hL) of in-shell scallops; is 
carrying an at-sea observer; and is authorized by the Regional 
Administrator to have, and the vessel does not exceed, an increased 
possession limit to compensate for the cost of carrying the observer.
    (2) In excess of 200 lb (90.7 kg) of shucked scallops at any time, 
25 bu (8.8 hL) of in-shell scallops inside the VMS Demarcation Line, or 
50 bu (17.6 hL) of in-shell scallops seaward of the VMS Demarcation 
Line, unless:
    (i) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit and is properly 
declared into the scallop DAS or Area Access program.
    (iii) The scallops were harvested by a vessel that has been issued 
and carries on board an IFQ scallop permit issued pursuant to Sec.  
648.4(a)(2)(ii)(A), is fishing outside of the NGOM scallop management 
area, and is properly declared into the general category scallop 
fishery.
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board a scallop permit and the vessel is fishing in 
accordance with the provisions of the state waters exemption program 
specified in Sec.  648.54.
    (v) The scallops were harvested by a vessel that has been issued 
and carries on board an NGOM scallop permit allowing up to 200 lb (90.7 
kg) of shucked or 25 bu (8.8 hL) of in-shell scallops; is carrying an 
at-sea observer; and is authorized by the Regional Administrator to 
have, and the vessel does not exceed, an increased possession limit to 
compensate for the cost of carrying the observer.
    (3) In excess of 400 lb (181.4 kg) of shucked scallops at any time, 
50 bu (17.6 hL) of in-shell scallops shoreward of the VMS Demarcation 
Line, or 100 bu (35.2 hL) in-shell scallops seaward of the VMS 
Demarcation Line, unless:
    (i) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (ii) The scallops were harvested by a vessel that has been issued 
and carries on board a limited access scallop permit issued pursuant to 
Sec.  648.4(a)(2)(i) and is properly declared into the scallop DAS or 
Area Access program.
    (iii) The scallops were harvested by a vessel that has been issued 
and carries on board a scallop permit and the vessel is fishing in 
accordance with the provisions of the state waters exemption program 
specified in Sec.  648.54.
    (iv) The scallops were harvested by a vessel that has been issued 
and carries on board an IFQ scallop permit, is carrying an at-sea 
observer, and is authorized by the Regional Administrator to have, and 
the vessel does not exceed, an increased possession limit to compensate 
for the cost of carrying the observer.
    (iv) Transfer and purchase. (A) Land, offload, remove, or otherwise 
transfer; or attempt to land, offload, remove or otherwise transfer; 
scallops from one vessel to another, unless that vessel has not been 
issued a scallop permit and fishes exclusively in state waters.
    (B) Sell, barter, or trade, or otherwise transfer scallops from a 
vessel; or attempt to sell, barter or trade, or otherwise transfer 
scallops from a vessel; for a commercial purpose, unless the vessel has 
been issued a valid scallop permit pursuant to Sec.  648.4(a)(2), or 
the scallops were harvested by a vessel that has not been issued a 
scallop permit and fishes for scallops exclusively in state waters.
    (C) Purchase, possess, or receive for commercial purposes; or 
attempt to purchase or receive for commercial purposes; scallops from a 
vessel other than one issued a valid limited access or general scallop 
permit, unless the scallops were harvested by a vessel that has not 
been issued a scallop permit and fishes for scallops exclusively in 
state waters.
    (D) Sell or transfer to another person for a commercial purpose, 
other than solely for transport on land, any scallops harvested from 
the EEZ by a vessel issued a Federal scallop permit, unless the 
transferee has a valid scallop dealer permit.
    (v) Ownership cap. Have an ownership interest in more than 5 
percent of the total number of vessels issued limited access scallop 
permits and confirmations of permit history, except as provided in 
Sec.  648.4(a)(2)(i)(M).
    (vi) Closed area requirements. (A) Fish for scallops in, or possess 
or land

[[Page 20538]]

scallops from, the areas specified in Sec. Sec.  648.58 and 648.61.
    (B) Transit or be in the areas described in Sec. Sec.  648.58 or 
648.61 in possession of scallops, except when all fishing gear is 
unavailable for immediate use as defined in Sec.  648.23(b), or unless 
there is a compelling safety reason to be in such areas.
    (vii) Scallop sectors. Fail to comply with any of the requirements 
or restrictions for general category scallop sectors specified in Sec.  
648.63.
    (viii) Scallop research. Fail to comply with any of the provisions 
specified in Sec.  648.56.
    (ix) Observer program. (A) Refuse, or fail, to carry onboard an 
observer after being requested to by the Regional Administrator or the 
Regional Administrator's designee.
    (B) Fail to provide information, notification, accommodations, 
access, or reasonable assistance to a NMFS-approved observer conducting 
his or her duties aboard a vessel, as specified in Sec.  648.11.
    (C) Fail to comply with the notification, observer services 
procurement, and observer services payment requirements of the sea 
scallop observer program specified in Sec.  648.11(g).
    (x) Presumption. For purposes of this section, the following 
presumption applies: Scallops that are possessed or landed at or prior 
to the time when the scallops are received by a dealer, or scallops 
that are possessed by a dealer, are deemed to be harvested from the 
EEZ, unless the preponderance of evidence demonstrates that such 
scallops were harvested by a vessel without a scallop permit and 
fishing exclusively for scallops in state waters.
    (2) Limited access scallop vessel permit holders. It is unlawful 
for any person owning or operating a vessel issued a limited access 
scallop permit under Sec.  648.4(a)(2) to do any of the following:
    (i) Minimum shell height. Land, or possess at or after landing, in-
shell scallops smaller than the minimum shell height specified in Sec.  
648.50(a).
    (ii) Vessel, gear, and crew restrictions. (A) Possess more than 40 
lb (18.1 kg) of shucked, or 5 bu (1.76 hL) of in-shell scallops, or 
participate in the scallop DAS or Area Access programs, while in the 
possession of trawl nets that have a maximum sweep exceeding 144 ft 
(43.9 m), as measured by the total length of the footrope that is 
directly attached to the webbing of the net, except as specified in 
Sec.  648.51(a)(1), unless the vessel is fishing under the Northeast 
multispecies or monkfish DAS program.
    (B) While under or subject to the DAS allocation program, in 
possession of more than 40 lb (18.1 kg) of shucked scallops or 5 bu 
(1.76 hL) of in-shell scallops, or fishing for scallops in the EEZ:
    (1) Fish with, or have available for immediate use, trawl nets of 
mesh smaller than the minimum size specified in Sec.  648.51(a)(2).
    (2) Fail to comply with any chafing gear or other gear obstruction 
restrictions specified in Sec.  648.51(a)(3).
    (3) Fail to comply with the dredge vessel gear restrictions 
specified in Sec.  648.51(b).
    (4) Fish under the small dredge program specified in Sec.  
648.51(e), with, or while in possession of, a dredge that exceeds 10.5 
ft (3.2 m) in overall width, as measured at the widest point in the 
bail of the dredge.
    (5) Fish under the small dredge program specified in Sec.  
648.51(e) with more than five persons on board the vessel, including 
the operator, unless otherwise authorized by the Regional Administrator 
or unless participating in the Area Access Program pursuant to the 
requirements specified in Sec.  648.60.
    (6) Participate in the DAS allocation program with more persons on 
board the vessel than the number specified in Sec.  648.51(c), 
including the operator, when the vessel is not docked or moored in 
port, unless otherwise authorized by the Regional Administrator, or 
unless participating in the Area Access Program pursuant to the 
requirements specified in Sec.  648.60.
    (7) Have a shucking or sorting machine on board a vessel that 
shucks scallops at sea while fishing under the DAS allocation program, 
unless otherwise authorized by the Regional Administrator.
    (8) Fish with, possess on board, or land scallops while in 
possession of trawl nets, when fishing for scallops under the DAS 
allocation program, unless exempted as provided for in Sec.  648.51(f).
    (9) Fail to comply with the restriction on twine top described in 
Sec.  648.51(b)(4)(iv).
    (iii) Possession and landing. (A) Land scallops after using up the 
vessel's annual DAS allocation or land scallops on more than one trip 
per calendar day when not participating under the DAS allocation 
program pursuant to Sec.  648.10, unless exempted from DAS allocations 
as provided in the state waters exemption, specified in Sec.  648.54.
    (B) Fish for, possess, or land more than 50 bu (17.62 hL) of in-
shell scallops once inside the VMS Demarcation Line on or by a vessel 
that, at any time during the trip, fished in or transited any area 
south of 42[deg]20' N. lat; or fished in any Sea Scallop Area Access 
Program specified in Sec.  648.60, except as provided in the state 
waters exemption, as specified in Sec.  648.54.
    (C) Fish for or land per trip, or possess at any time, scallops in 
the NGOM scallop management area after notification in the Federal 
Register that the NGOM scallop management area TAC has been harvested, 
as specified in Sec.  648.62, unless the vessel possesses or lands 
scallops that were harvested south of 42[deg]20' N. lat. and the vessel 
only transits the NGOM scallop management area with the vessel's 
fishing gear properly stowed and unavailable for immediate use in 
accordance with Sec.  648.23.
    (iv) DAS. (A) Fish for, possess, or land scallops after using up 
the vessel's annual DAS allocation and Access Area trip allocations, or 
when not properly declared into the DAS or an Area Access program 
pursuant to Sec.  648.10, unless the vessel has been issued an LAGC 
scallop permit pursuant to Sec.  648.4(a)(2)(ii) and has properly 
declared into a general category scallop fishery, unless exempted from 
DAS allocations as provided in state waters exemption, specified in 
Sec.  648.54.
    (B) Combine, transfer, or consolidate DAS allocations, except as 
allowed for one-for-one Access Area trip exchanges as specified in 
Sec.  648.60(a)(3)(ii).
    (C) Fail to comply with any requirement for declaring in or out of 
the DAS allocation program or other notification requirements specified 
in Sec.  648.10.
    (v) VMS requirements. (A) Fail to have an approved, operational, 
and functioning VMS unit that meets the specifications of Sec.  648.9 
on board the vessel at all times, unless the vessel is not subject to 
the VMS requirements specified in Sec.  648.10.
    (B) If the vessel is not subject to VMS requirements specified in 
Sec.  648.10(b), fail to comply with the requirements of the call-in 
system specified in Sec.  648.10(c).
    (vi) Scallop access area program. (A) Fail to comply with any of 
the provisions and specifications of Sec.  648.60.
    (B) Declare, initiate a trip into, or fish in the areas specified 
in Sec.  648.59(b) through (d) after the effective date of the notice 
in the Federal Register stating that the yellowtail flounder TAC has 
been harvested as specified in Sec.  648.85(c).
    (C) Possess or retain yellowtail flounder in or from the areas 
specified in Sec.  648.59(b) through (d) after the effective date of 
the notice in the Federal Register stating that the

[[Page 20539]]

yellowtail flounder TAC has been harvested as specified in Sec.  
648.85(c).
    (D) Possess more than 50 bu (17.6 hL) of in-shell scallops outside 
the boundaries of a Sea Scallop Access Area by a vessel that is 
declared into the Area Access Program as specified in Sec.  648.60.
    (E) Fish for, possess, or land scallops in or from any Sea Scallop 
Access Area without an observer on board, unless the vessel owner, 
operator, or manager has received a waiver to carry an observer for the 
specified trip and area fished.
    (vii) State waters exemption program. Fail to comply with any 
requirement for participating in the State Waters Exemption Program 
specified in Sec.  648.54.
    (3) LAGC scallop vessels. It is unlawful for any person owning or 
operating a vessel issued an LAGC scallop permit to do any of the 
following:
    (i) Permit requirements. (A) Fail to comply with the LAGC scallop 
permit restrictions as specified in Sec.  648.4(a)(2)(ii)(G) through 
(O).
    (B) Fish for, possess, or land scallops on a vessel that is 
declared out of scallop fishing unless the vessel has been issued an 
Incidental scallop permit.
    (ii) Gear requirements. (A) Possess or use trawl gear that does not 
comply with any of the provisions or specifications in Sec.  648.51(a), 
unless the vessel is fishing under the Northeast multispecies or 
monkfish DAS program.
    (B) Possess or use dredge gear that does not comply with any of the 
provisions or specifications in Sec.  648.51(b).
    (iii) Possession and landing. (A) Land scallops more than once per 
calendar day.
    (B) Possess in-shell scallops while in possession of the maximum 
allowed amount of shucked scallops specified for each LAGC scallop 
permit category in Sec.  648.52.
    (C) Declare into, or leave port for, the NGOM scallop management 
area after the effective date of a notification published in the 
Federal Register stating that the general category scallop TAC has been 
harvested as specified in Sec.  648.52 or Sec.  648.62.
    (D) Fish for, possess, or land scallops in or from the NGOM scallop 
management area after the effective date of a notification published in 
the Federal Register that the NGOM scallop management area TAC has been 
harvested, as specified in Sec.  648.62, unless the vessel possesses or 
lands scallops that were harvested south of 42[deg]20[min] N. lat., the 
vessel is transiting the NGOM scallop management area, and the vessel's 
fishing gear is properly stowed and unavailable for immediate use in 
accordance with Sec.  648.23.
    (E) Fish for, land, or possess more than 40 lb (18.1 kg) of 
shucked, or 5 bu (1.76 hL) of in-shell scallops at any time after 10 
days from being notified that his or her appeal for an LAGC scallop 
permit has been denied and that the denial is the final decision of the 
Department of Commerce, unless the vessel holds a valid Incidental 
scallop permit.
    (iv) VMS requirements. (A) Fail to comply with any of the VMS 
requirements specified in Sec. Sec.  648.10, 648.60, or 648.62.
    (B) Fail to comply with any requirement for declaring in or out of 
the general category scallop fishery or other notification requirements 
specified in Sec.  648.10(b).
    (v) Scallop access area program. (A) Fail to comply with any of the 
requirements specified in Sec.  648.60.
    (B) Declare into or leave port for an area specified in Sec.  
648.59(b) through (d) after the effective date of a notification 
published in the Federal Register stating that the general category 
scallop TAC has been harvested or that the number of General Category 
trips have been taken, as specified in Sec.  648.60.
    (C) Declare into, or leave port for, an area specified in Sec.  
648.59(b) through (d) after the effective date of a notification 
published in the Federal Register stating that the yellowtail flounder 
TAC has been harvested as specified in Sec.  648.85(c).
    (D) Fish for, possess, or land scallops in or from any Sea Scallop 
Access Area without an observer on board, unless the vessel owner, 
operator, or manager has received a waiver to carry an observer for the 
specified trip and area fished.
    (vi) Sectors. Fail to comply with any of the requirements and 
restrictions for General Category sectors and harvesting cooperatives 
specified in Sec.  648.63.
    (4) IFQ scallop permit. It is unlawful for any person owning or 
operating a vessel issued an IFQ scallop permit to do any of the 
following:
    (i) Possession and landing. (A) Fish for or land per trip, or 
possess at any time, in excess of 400 lb (181.4 kg) of shucked, or 50 
bu (17.6 hL) of in-shell scallops shoreward of the VMS Demarcation 
Line, unless the vessel is participating in the Area Access Program 
specified in Sec.  648.60; is carrying an observer as specified in 
Sec.  648.11; and, an increase in the possession limit is authorized by 
the Regional Administrator and not exceeded by the vessel, as specified 
in Sec.  648.60(d)(2).
    (B) Fish for or land per trip, or possess at any time, in excess of 
200 lb (90.7 kg) of shucked or 25 bu (8.8 hL) of in-shell scallops in 
the NGOM scallop management area, unless the vessel is seaward of the 
VMS Demarcation Line and in possession of no more than 50 bu (17.6 hL) 
in-shell scallops, or when the vessel is not declared into the NGOM 
scallop management area and is transiting the NGOM scallop management 
area with gear properly stowed and unavailable for immediate use in 
accordance with Sec.  648.23.
    (C) Possess more than 100 bu (35.2 hL) of in-shell scallops seaward 
of the VMS Demarcation Line and not participating in the Access Area 
Program, or possess or land per trip more than 50 bu (17.6 hL) of in-
shell scallops shoreward of the VMS Demarcation Line, unless exempted 
from DAS allocations as provided in Sec.  648.54.
    (D) Possess more than 50 bu (17.6 hL) of in-shell scallops, as 
specified in Sec.  648.52(d), outside the boundaries of a Sea Scallop 
Access Area by a vessel that is declared into the Area Access Program 
as specified in Sec.  648.60.
    (E) Fish for, possess, or land scallops after the effective date of 
a notification in the Federal Register that the quarterly TAC specified 
in Sec.  648.53(a)(8) has been harvested.
    (F) Fish for, possess, or land scallops in excess of a vessel's 
IFQ.
    (G) Fish for, possess, or land more than 40 lb (18.1 kg) of shucked 
scallops, or 5 bu (1.76 hL) of in-shell scallops shoreward of the VMS 
Demarcation Line, or 10 bu (3.52 hL) of in-shell scallops seaward of 
the VMS Demarcation Line, when the vessel is not declared into the IFQ 
scallop fishery, unless the vessel is fishing in compliance with all of 
the requirements of the state waters exemption program, specified at 
Sec.  648.54.
    (H) Land scallops more than once per calendar day.
    (ii) Owner and allocation cap. (A) Have an ownership interest in 
vessels that collectively are allocated more than 5 percent of the 
total IFQ scallop TAC as specified at Sec.  648.53(a)(5)(ii) and (iii).
    (B) Have an IFQ allocation on an IFQ scallop vessel of more than 2 
percent of the total IFQ scallop TAC as specified in Sec.  
648.53(a)(5).
    (iii) IFQ Transfer Program. (A) Apply for an IFQ transfer that will 
result in the transferee having an aggregate ownership interest in more 
than 5 percent of the total IFQ scallop TAC.
    (B) Apply for an IFQ transfer that will result in the receiving 
vessel having an IFQ allocation in excess of 2 percent of the total IFQ 
scallop TAC.

[[Page 20540]]

    (C) Fish for, possess, or land transferred IFQ prior to approval of 
the transfer by the Regional Administrator as specified in Sec.  
648.53(h)(5).
    (D) Request to transfer IFQ that has already been temporarily 
transferred from an IFQ scallop vessel in the same fishing year.
    (E) Transfer scallop IFQ to a vessel after the transferring vessel 
has landed scallops in the same fishing year.
    (F) Transfer a portion of a vessel's scallop IFQ.
    (G) Transfer scallop IFQ to, or receive scallop IFQ from, a vessel 
that has not been issued a valid IFQ scallop permit.
    (iv) Cost Recovery Program. Fail to comply with any of the cost 
recovery requirements specified under Sec.  648.53(g)(4).
    (5) NGOM scallop permit. It is unlawful for any person owning or 
operating a vessel issued an NGOM scallop permit to do any of the 
following:
    (i) Declare into or leave port for a scallop trip, or fish for or 
possess scallops outside of the NGOM Scallop Management Area as defined 
in Sec.  648.62.
    (ii) Fish for or land per trip, or possess at any time, in excess 
of 200 lb (90.7 kg) of shucked or 25 bu (8.81 hL) of in-shell scallops 
in or from the NGOM scallop management area, or seaward of the VMS 
Demarcation Line more than 50 bu (17.6 hL) of in-shell scallops.
    (iii) Fish for, possess, or land scallops after the effective date 
of notification in the Federal Register that the NGOM scallop 
management area TAC has been harvested.
    (6) Incidental scallop permit. It is unlawful for any person owning 
or operating a vessel issued an Incidental scallop permit to fish for, 
possess, or retain, more than 40 lb (18.1 kg) of shucked scallops, or 5 
bu (1.76 hL) of in-shell scallops shoreward of the VMS Demarcation 
Line, or 10 bu (3.52 hL) of in-shell scallops while seaward of the VMS 
Demarcation Line.
    (j) Atlantic surfclam and ocean quahog. It is unlawful for any 
person to do any of the following:
    (1) Possession and landing. (i) Fish for surfclams or ocean quahogs 
in any area closed to surfclam or ocean quahog fishing.
    (ii) Shuck surfclams or ocean quahogs harvested in or from the EEZ 
at sea, unless permitted by the Regional Administrator under the terms 
of Sec.  648.74.
    (iii) Fish for, retain, or land both surfclams and ocean quahogs in 
or from the EEZ on the same trip.
    (iv) Fish for, retain, or land ocean quahogs in or from the EEZ on 
a trip designated as a surfclam fishing trip under Sec.  648.15(b); or 
fish for, retain, or land surfclams in or from the EEZ on a trip 
designated as an ocean quahog fishing trip under Sec.  648.15(b).
    (v) Fail to offload any surfclams or ocean quahogs harvested in the 
EEZ from a trip discontinued pursuant to Sec.  648.15(b) prior to 
commencing fishing operations in waters under the jurisdiction of any 
state.
    (vi) Land or possess any surfclams or ocean quahogs harvested in or 
from the EEZ without having been issued, or in excess of, an individual 
allocation.
    (2) Transfer and purchase. (i) Receive for a commercial purpose 
other than solely for transport on land, surfclams or ocean quahogs 
harvested in or from the EEZ, whether or not they are landed under an 
allocation under Sec.  648.70, unless issued a dealer/processor permit 
under this part.
    (ii) Transfer any surfclams or ocean quahogs harvested in or from 
the EEZ to any person for a commercial purpose, other than solely for 
transport on land, without a surfclam or ocean quahog processor or 
dealer permit.
    (iii) Offload unshucked surfclams or ocean quahogs harvested in or 
from the EEZ outside the Maine mahogany quahog zone from vessels not 
capable of carrying cages, other than directly into cages.
    (3) Gear and tags requirements. (i) Alter, erase, mutilate, 
duplicate or cause to be duplicated, or steal any cage tag issued under 
this part.
    (ii) Produce, or cause to be produced, cage tags required under 
this part without written authorization from the Regional 
Administrator.
    (iii) Tag a cage with a tag that has been rendered null and void or 
with a tag that has been previously used.
    (iv) Tag a cage of surfclams with an ocean quahog cage tag, or tag 
a cage of ocean quahogs with a surfclam cage tag.
    (v) Possess an empty cage to which a cage tag required by Sec.  
648.75 is affixed, or possess any cage that does not contain surfclams 
or ocean quahogs and to which a cage tag required by Sec.  648.75 is 
affixed.
    (vi) Land or possess, after offloading, any cage holding surfclams 
or ocean quahogs without a cage tag or tags required by Sec.  648.75, 
unless the person can demonstrate the inapplicability of the 
presumptions set forth in Sec.  648.75(h).
    (vii) Sell null and void tags.
    (4) VMS requirements. (i) Fail to maintain an operational VMS unit 
as specified in Sec.  648.9, and comply with any of the notification 
requirements specified in Sec.  648.15(b) including:
    (A) Fish for, land, take, possess, or transfer surfclams or ocean 
quahogs under an open access surfclam or ocean quahog permit without 
having provided proof to the Regional Administrator that the vessel has 
a fully functioning VMS unit on board the vessel and declared a 
surfclam, ocean quahog, or Maine mahogany quahog fishing activity code 
via the VMS unit prior to leaving port as specified at Sec.  648.15(b).
    (B) Fish for, land, take, possess, or transfer ocean quahogs under 
a limited access Maine mahogany quahog permit without having provided 
proof to the Regional Administrator of NMFS that the vessel has a fully 
functioning VMS unit on board the vessel and declared a fishing trip 
via the VMS unit as specified at Sec.  648.15(b).
    (5) Maine mahogany quahog zone. (i) Land unshucked surfclams or 
ocean quahogs harvested in or from the EEZ outside the Maine mahogany 
quahog zone in containers other than cages from vessels capable of 
carrying cages.
    (ii) Land unshucked surfclams and ocean quahogs harvested in or 
from the EEZ within the Maine mahogany quahog zone in containers other 
than cages from vessels capable of carrying cages unless, with respect 
to ocean quahogs, the vessel has been issued a Maine mahogany quahog 
permit under this part and is not fishing for an individual allocation 
of quahogs under Sec.  648.70.
    (iii) Offload unshucked surfclams harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages, other than directly into cages.
    (iv) Offload unshucked ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages, other than directly into cages, unless the vessel has 
been issued a Maine mahogany quahog permit under this part and is not 
fishing for an individual allocation of quahogs under Sec.  648.70.
    (v) Land or possess ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone after the effective date 
published in the Federal Register notifying participants that Maine 
mahogany quahog quota is no longer available for the respective fishing 
year, unless the vessel is fishing for an individual allocation of 
ocean quahogs under Sec.  648.70.
    (6) Presumptions. For purposes of this part, the following 
presumptions apply:
    (i) Possession of surfclams or ocean quahogs on the deck of any 
fishing vessel in closed areas, or the presence of any part of a 
vessel's gear in the water in closed areas is prima facie evidence that 
such vessel was fishing in violation

[[Page 20541]]

of the provisions of the Magnuson-Stevens Act and these regulations.
    (ii) Surfclams or ocean quahogs landed from a trip for which 
notification was provided under Sec.  648.15(b) or Sec.  648.70(b) are 
deemed to have been harvested in the EEZ and count against the 
individual's annual allocation, unless the vessel has a valid Maine 
mahogany quahog permit issued pursuant to Sec.  648.4(a)(4)(i) and is 
not fishing for an individual allocation under Sec.  648.70.
    (iii) Surfclams or ocean quahogs found in cages without a valid 
state tag are deemed to have been harvested in the EEZ and are deemed 
to be part of an individual's allocation, unless the vessel has a valid 
Maine mahogany quahog permit issued pursuant to Sec.  648.4(a)(4)(i) 
and is not fishing for an individual allocation under Sec.  648.70; or, 
unless the preponderance of available evidence demonstrates that he/she 
has surrendered his/her surfclam and ocean quahog permit issued under 
Sec.  648.4 and he/she conducted fishing operations exclusively within 
waters under the jurisdiction of any state. Surfclams and ocean quahogs 
in cages with a Federal tag or tags, issued and still valid pursuant to 
this part, affixed thereto are deemed to have been harvested by the 
individual allocation holder to whom the tags were issued or 
transferred under Sec.  648.70 or Sec.  648.75(b).
    (k) NE multispecies--(1) Permit requirements for all persons. It is 
unlawful for any person, including any owner or operator of a vessel 
issued a valid Federal NE multispecies permit or letter under Sec.  
648.4(a)(1)(i), unless otherwise specified in Sec.  648.17, to do any 
of the following:
    (i) Fish for, possess, or land NE multispecies, unless:
    (A) The NE multispecies are being fished for or were harvested in 
or from the EEZ by a vessel holding a valid Federal NE multispecies 
permit under this part, or a letter under Sec.  648.4(a)(1), and the 
operator on board such vessel has a valid operator's permit and has it 
on board the vessel.
    (B) The NE multispecies were harvested by a vessel not issued a 
Federal NE multispecies permit, nor eligible to renew or be reissued a 
limited access NE multispecies permit as specified in Sec.  
648.4(b)(2), that fishes for NE multispecies exclusively in state 
waters.
    (C) The NE multispecies were harvested in or from the EEZ by a 
recreational fishing vessel.
    (D) Any haddock and up to 100 lb of other regulated NE multispecies 
were harvested by a vessel that has an All Areas limited access herring 
permit and/or an Areas 2 and 3 limited access herring permit on a trip 
that did not use a NE multispecies DAS, is subject to the requirements 
specified in Sec.  648.80(d) and (e), and may not sell the fish for 
human consumption.
    (E) Otherwise specified in Sec.  648.17.
    (ii) Land, offload, remove, or otherwise transfer; or attempt to 
land, offload, remove or otherwise transfer; NE multispecies from one 
vessel to another vessel, unless both vessels have not been issued 
Federal NE multispecies permits and both fish exclusively in state 
waters, unless authorized in writing by the Regional Administrator, or 
otherwise allowed.
    (iii) Sell, barter, trade, or otherwise transfer; or attempt to 
sell, barter, trade, or otherwise transfer; for a commercial purpose 
any NE multispecies from a trip, unless:
    (A) The vessel is holding a Federal NE multispecies permit, or a 
letter under Sec.  648.4(a)(1), and is not fishing under the charter/
party vessel restrictions specified in Sec.  648.89.
    (B) The NE multispecies were harvested by a vessel without a 
Federal NE multispecies permit that fishes for NE multispecies 
exclusively in state waters.
    (C) Or as otherwise specified in Sec.  648.17.
    (iv) Operate or act as an operator of a vessel fishing for or 
possessing NE multispecies in or from the EEZ, or holding a Federal NE 
multispecies vessel permit without having been issued and possessing a 
valid operator's permit.
    (2) Permit requirements for vessel and operator permit holders. It 
is unlawful for any owner or operator of a vessel issued a valid 
Federal NE multispecies permit or letter under Sec.  648.4(a)(1)(i), 
unless otherwise specified in Sec.  648.17, to do any of the following:
    (i) Fish for, possess, or land NE multispecies with or from a 
vessel that has had the length, GRT, or NT of such vessel, or its 
replacement, increased or upgraded in excess of limitations specified 
in Sec.  648.4(a)(1)(i)(E) and (F).
    (ii) Fish for, possess, or land NE multispecies with or from a 
vessel that has had the horsepower of such vessel or its replacement 
upgraded or increased in excess of the limitations specified in Sec.  
648.4(a)(1)(i)(E) and (F).
    (3) Dealer requirements. (i) Purchase, possess, or receive as a 
dealer, or in the capacity of a dealer, regulated species in excess of 
the possession limits specified in Sec.  648.85 or Sec.  648.86 
applicable to a vessel issued a NE multispecies permit, unless 
otherwise specified in Sec.  648.17, or unless the regulated species 
are purchased or received from a member of an approved Sector, as 
specified at Sec.  648.87, that is exempt from such possession limits 
in accordance with an approved Sector Operations Plan.
    (ii) Sell or transfer to another person for a commercial purpose, 
other than solely for transport on land, any NE multispecies harvested 
from the EEZ by a vessel issued a Federal NE multispecies permit, 
unless the transferee has a valid NE multispecies dealer permit.
    (4) NAFO. It is unlawful for any owner or operator of a vessel 
issued a valid NE multispecies permit or letter under Sec.  
648.4(a)(1)(i), to fail to comply with the exemption specifications in 
Sec.  648.17.
    (5) Regulated Mesh Areas. It is unlawful for any person, including 
any owner or operator of a vessel issued a valid Federal NE 
multispecies permit or letter under Sec.  648.4(a)(1)(i), unless 
otherwise specified in Sec.  648.17, to do any of the following:
    (i) Violate any of the provisions of Sec.  648.80, including 
paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption 
Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area; 
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket 
Shoals Dogfish Fishery Exemption Area; (a)(11), the GOM Scallop Dredge 
Exemption Area; (a)(12), the Nantucket Shoals Mussel and Sea Urchin 
Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet Exemption 
Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; (a)(15), the 
Raised Footrope Trawl Exempted Whiting Fishery; (a)(16), the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery; (a)(18), the Great 
South Channel Scallop Dredge Exemption Area; (b)(3), exemptions (small 
mesh); (b)(5), the SNE Monkfish and Skate Trawl Exemption Area; (b)(6), 
the SNE Monkfish and Skate Gillnet Exemption Area; (b)(8), the SNE 
Mussel and Sea Urchin Dredge Exemption Area; (b)(9), the SNE Little 
Tunny Gillnet Exemption Area; and (b)(11), the SNE Scallop Dredge 
Exemption Area. Each violation of any provision in Sec.  648.80 
constitutes a separate violation.
    (ii) Enter or fish in the Gulf of Maine, Georges Bank, or Southern 
New England Regulated Mesh Areas, except as provided in Sec.  
648.80(a)(3)(vi) and (b)(2)(vi), and, for purposes of transiting, all 
gear (other than exempted gear) must be stowed in accordance with Sec.  
648.23(b).
    (iii) Gulf of Maine and Georges Bank Regulated Mesh Areas. (A) Fish 
with, use, or have on board, within the areas described in Sec.  
648.80(a)(1) and (2), nets with mesh size smaller than the

[[Page 20542]]

minimum mesh size specified in Sec.  648.80(a)(3) and (4); except as 
provided in Sec.  648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), 
(a)(16), (d), (e), and (i); unless the vessel has not been issued a NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters, or unless otherwise specified in Sec.  648.17.
    (B) Fish within the areas described in Sec.  648.80(a)(6) with net 
mesh smaller than the minimum size specified in Sec.  648.80(a)(3) or 
(4).
    (iv) Southern New England Regulated Mesh Area. Fish with, use, or 
have available for immediate use within the area described in Sec.  
648.80(b)(1), net mesh smaller than the minimum size specified in Sec.  
648.80(b)(2), except as provided in Sec.  648.80(b)(3), (b)(9), (d), 
(e), and (i), or unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for multispecies exclusively in state 
waters, or unless otherwise specified in Sec.  648.17.
    (v) Mid-Atlantic Regulated Mesh Area. Fish with, use, or have 
available for immediate use within the area described in Sec.  
648.80(c)(1), nets of mesh size smaller than the minimum mesh size 
specified in Sec.  648.80(c)(2); except as provided in Sec.  
648.80(c)(3), (d), (e), and (i); or unless the vessel has not been 
issued a Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters, or unless otherwise specified in Sec.  
648.17.
    (vi) Mid-water trawl exempted fishery. (A) Fish for, land, or 
possess NE multispecies harvested by means of pair trawling or with 
pair trawl gear, except under the provisions of Sec.  648.80(d), or 
unless the vessels that engaged in pair trawling have not been issued 
multispecies permits and fish for NE multispecies exclusively in state 
waters.
    (B) Fish for the species specified in Sec.  648.80(d) or (e) with a 
net mesh smaller than the applicable mesh size specified in Sec.  
648.80(a)(3) or (4), (b)(2), or (c)(2), or possess or land such 
species, unless the vessel is in compliance with the requirements 
specified in Sec.  648.80(d) or (e), or unless the vessel has not been 
issued a Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters, or unless otherwise specified in Sec.  
648.17.
    (vii) Scallop vessels. (A) Violate any of the possession or landing 
restrictions on fishing with scallop dredge gear specified in 
Sec. Sec.  648.80(h) and 648.94.
    (B) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with Sec.  648.80(i) from or 
within the areas described in Sec.  648.80(i), while in possession of 
scallop dredge gear on a vessel not fishing under the scallop DAS 
program as described in Sec.  648.53, or fishing under a general 
scallop permit, unless the vessel and the dredge gear conform with the 
stowage requirements of Sec.  648.23(b), or unless the vessel has not 
been issued a Federal NE multispecies permit and fishes for NE 
multispecies exclusively in state waters.
    (viii) Northern shrimp and small mesh multispecies exempted 
fisheries. (A) Fish for, harvest, possess, or land in or from the EEZ 
northern shrimp, unless such shrimp were fished for or harvested by a 
vessel meeting the requirements specified in Sec.  648.80(a)(5).
    (B) Fish for, harvest, possess, or land in or from the EEZ, when 
fishing with trawl gear, any of the exempted species specified in Sec.  
648.80(a)(9)(i), unless such species were fished for or harvested by a 
vessel meeting the requirements specified in Sec.  648.80(a)(5)(ii) or 
(a)(9)(ii).
    (ix) Winter flounder state exemption program. Violate any provision 
of the state waters winter flounder exemption program as provided in 
Sec.  648.80(i).
    (6) Gear requirements--(i) For all persons. It is unlawful for any 
person, including any owner or operator of a vessel issued a valid NE 
multispecies permit or letter under Sec.  648.4(a)(1)(i), unless 
otherwise specified in Sec.  648.17, to do any of the following:
    (A) Obstruct or constrict a net as described in Sec.  648.80(g)(1) 
or (2).
    (B) Fish for, harvest, possess, or land any species of fish in or 
from the GOM/GB Inshore Restricted Roller Gear Area described in Sec.  
648.80(a)(3)(vii) with trawl gear where the diameter of any part of the 
trawl footrope, including discs, rollers or rockhoppers, is greater 
than 12 inches (30.5 cm).
    (C) Fish for, land, or possess NE multispecies harvested with 
brush-sweep trawl gear unless the vessel has not been issued a Federal 
NE multispecies permit and fishes for NE multispecies exclusively in 
state waters.
    (D) Possess brush-sweep trawl gear while in possession of NE 
multispecies, unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (E) Use, set, haul back, fish with, possess on board a vessel, 
unless stowed in accordance with Sec.  648.23(b), or fail to remove, 
sink gillnet gear and other gillnet gear capable of catching NE 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec.  648.81(f)(2)(ii)), in the areas and for the times 
specified in Sec.  648.80(g)(6)(i) and (ii), except as provided in 
Sec.  648.80(g)(6)(i) and (ii), and Sec.  648.81(f)(2)(ii), or unless 
otherwise authorized in writing by the Regional Administrator.
    (F) Fish for, land, or possess NE multispecies harvested with the 
use of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) 
spacing between the fairlead rollers unless the vessel has not been 
issued a Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters.
    (G) Possess or use de-hookers (``crucifiers'') with less than 6-
inch (15.2-cm) spacing between the fairlead rollers while in possession 
of NE multispecies, unless the vessel has not been issued a Federal NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (ii) For vessel and operator permit holders. It is unlawful for any 
owner or operator of a vessel issued a valid NE multispecies permit or 
letter under Sec.  648.4(a)(1)(i), unless otherwise specified in Sec.  
648.17, to do any of the following:
    (A) Gillnet gear. (1) If the vessel has been issued a limited 
access NE multispecies permit and fishes under a NE multispecies DAS 
with gillnet gear, fail to comply with gillnet tagging requirements 
specified in Sec. Sec.  648.80(a)(3)(iv)(B)(4), (a)(3)(iv)(C), 
(a)(4)(iv)(B)(3), (b)(2)(iv)(B)(3), and (c)(2)(v)(B)(3), or fail to 
produce immediately, or cause to be produced immediately, gillnet tags 
when requested by an authorized officer.
    (2) Produce, or cause to be produced, gillnet tags under Sec.  
648.80(a)(3)(iv)(C), without the written confirmation from the Regional 
Administrator described in Sec.  648.80(a)(3)(iv)(C).
    (3) Tag a gillnet or use a gillnet tag that has been reported lost, 
missing, destroyed, or that was issued to another vessel.
    (4) Sell, transfer, or give away gillnet tags that have been 
reported lost, missing, destroyed, or issued to another vessel.
    (5) Enter, fail to remove sink gillnet gear or gillnet gear capable 
of catching NE multispecies from, or be in the areas, and for the 
times, described in Sec.  648.80(g)(6)(i) and (ii), except as provided 
in Sec. Sec.  648.80(g)(6)(i) and 648.81(i).
    (B) Hook gear. Fail to comply with the restrictions on fishing and 
gear specified in Sec.  648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and 
(c)(2)(iv) if the vessel has been issued a limited access NE 
multispecies permit and fishes with hook gear in areas specified in 
Sec.  648.80(a), (b), or (c), unless allowed under Sec.  
648.85(b)(7)(iv)(F).
    (7) Closed areas and EFH--(i) All persons. It is unlawful for any 
person, including any owner or operator of a

[[Page 20543]]

vessel issued a valid Federal NE multispecies permit or letter under 
Sec.  648.4(a)(1)(i), unless otherwise specified in Sec.  648.17, to do 
any of the following:
    (A) Enter, be on a fishing vessel in, or fail to remove gear from 
the EEZ portion of the areas described in Sec.  648.81(d)(1) through 
(g)(1), except as provided in Sec.  648.81(d)(2), (e)(2), (f)(2), 
(g)(2), and (i).
    (B) Fish for, harvest, possess, or land regulated species in or 
from the closed areas specified in Sec.  648.81(a) through (f), unless 
otherwise specified in Sec.  648.81(c)(2)(iii), (f)(2)(i), (f)(2)(iii), 
or as authorized under Sec.  648.85.
    (C) Restricted gear areas. (1) Fish, or be in the areas described 
in Sec.  648.81(j)(1), (k)(1), (l)(1), and (m)(1) on a fishing vessel 
with mobile gear during the time periods specified in Sec.  
648.81(j)(2), (k)(2), (l)(2), and (m)(2), except as provided in Sec.  
648.81(j)(2), (k)(2), (l)(2), and (m)(2).
    (2) Fish, or be in the areas described in Sec.  648.81(j)(1), 
(k)(1), and (l)(1) on a fishing vessel with lobster pot gear during the 
time periods specified in Sec.  648.81(j)(2), (k)(2), and (l)(2).
    (3) Deploy in or fail to remove lobster pot gear from the areas 
described in Sec.  648.81(j)(1), (k)(1), and (l)(1), during the time 
periods specified in Sec.  648.81(j)(2), (k)(2), and (l)(2).
    (D) GB Seasonal Closure Area. Enter, fail to remove gear from, or 
be in the areas described in Sec.  648.81(g)(1) through (i)(1) during 
the time period specified, except as provided in Sec.  648.81(d), 
(g)(2), (h)(2), and (i)(2).
    (E) Closed Area I. Enter or be in the area described in Sec.  
648.81(a)(1) on a fishing vessel, except as provided in Sec.  
648.81(a)(2) and (i).
    (F) Closed Area II. Enter or be in the area described in Sec.  
648.81(b)(1) on a fishing vessel, except as provided in Sec.  
648.81(b)(2) and (i).
    (G) Nantucket Lightship Closure Area. Enter or be in the area 
described in Sec.  648.81(c)(1) on a fishing vessel, except as allowed 
under Sec.  648.81(c)(2) and (i).
    (ii) Vessel and permit holders. It is unlawful for any owner or 
operator of a vessel issued a valid NE multispecies permit or letter 
under Sec.  648.4(a)(1)(i), unless otherwise specified in Sec.  648.17, 
to do any of the following:
    (A) EFH closure area restrictions. If fishing with bottom tending 
mobile gear, fish in, enter, be on a fishing vessel in, the EFH closure 
areas described in Sec.  648.81(h)(1)(i) through (vi).
    (B) [Reserved.]
    (8) DAS restrictions for all persons. It is unlawful for any 
person, including any owner or operator of a vessel issued a valid NE 
multispecies permit or letter under Sec.  648.4(a)(1)(i), unless 
otherwise specified in Sec.  648.17, to do any of the following:
    (i) For vessels issued a limited access NE multispecies permit, or 
those issued a limited access NE multispecies permit and a limited 
access monkfish permit (Category C, D, F, G, or H), but not fishing 
under the limited access monkfish Category A or B provisions as allowed 
under Sec.  648.92(b)(2), call into the DAS program prior to 1 hr 
before leaving port.
    (ii) Call in DAS in excess of those allocated, leased, or 
permanently transferred, in accordance with the restrictions and 
conditions of Sec.  648.82.
    (9) DAS restrictions for vessel and operator permit holders. It is 
unlawful for any owner or operator of a vessel issued a valid NE 
multispecies permit or letter under Sec.  648.4(a)(1)(i), unless 
otherwise specified in Sec.  648.17, to do any of the following:
    (i) Differential DAS Areas. (A) If fishing under a NE multispecies 
Category A DAS in either the GOM Differential DAS Area, or the SNE 
Differential DAS Area defined under Sec.  648.82(e)(2)(i), fail to 
declare into the area through VMS as required under Sec.  
648.82(e)(2)(ii).
    (B) [Reserved.]
    (ii) DAS Leasing Program. (A) Provide false information on an 
application, required by Sec.  648.82(k)(4)(xi), to downgrade the DAS 
Leasing Program baseline.
    (B) Lease NE multispecies DAS or use leased DAS that have not been 
approved for leasing by the Regional Administrator as specified in 
Sec.  648.82(k).
    (C) Provide false information on, or in connection with, an 
application, required under Sec.  648.82(k)(3), to effectuate the 
leasing of NE multispecies DAS.
    (D) Act as lessor or lessee of a NE multispecies Category B DAS, or 
Category C DAS.
    (E) Act as lessor or lessee of NE multispecies DAS, if the lessor's 
or the lessee's vessels do not comply with the size restrictions 
specified in Sec.  648.82(k)(4)(ix).
    (F) Sub-lease NE multispecies DAS.
    (G) Lease more than the maximum number of DAS allowable under Sec.  
648.82(k)(4)(iv).
    (H) Lease NE multispecies DAS to a vessel that does not have a 
valid limited access multispecies permit.
    (I) Lease NE multispecies DAS associated with a Confirmation of 
Permit History.
    (J) Lease NE multispecies DAS if the number of unused allocated DAS 
is less than the number of DAS requested to be leased.
    (K) Lease NE multispecies DAS in excess of the duration specified 
in Sec.  648.82(k)(4)(viii).
    (L) Combine, transfer, or consolidate DAS allocations, except as 
provided for under the DAS Leasing Program or the DAS Transfer Program, 
as specified under Sec.  648.82(k) and (l), respectively.
    (iii) DAS Transfer Program. (A) Transfer NE multispecies DAS, or 
use transferred DAS, that have not been approved for transfer by the 
Regional Administrator, as specified in Sec.  648.82(l).
    (B) Provide false information on, or in connection with, an 
application, required by Sec.  648.82(l)(2), for a NE multispecies DAS 
transfer.
    (C) Permanently transfer only a portion of a vessel's total 
allocation of DAS.
    (D) Permanently transfer NE multispecies DAS between vessels, if 
such vessels do not comply with the size restrictions specified in 
Sec.  648.82(l)(1)(ii).
    (iv) Gillnet fishery. (A) Fail to declare, and be, out of the non-
exempt gillnet fishery as required by Sec.  648.82(j)(1)(ii), using the 
procedure specified in Sec.  648.82(h).
    (B) If a vessel has been issued a limited access NE multispecies 
permit and fishes under a NE multispecies DAS, fail to comply with the 
gillnet requirements and restrictions specified in Sec.  648.82(j).
    (C) If a vessel has been issued a limited access Day gillnet 
category designation, fail to comply with the restrictions and 
requirements specified in Sec.  648.82(j)(1).
    (D) If a vessel has been issued a limited access Trip gillnet 
category designation, fail to comply with the restrictions and 
requirements specified in Sec.  648.82(j)(2).
    (v) Spawning blocks. Fail to declare, and be, out of the NE 
multispecies DAS program as required by Sec.  648.82(g), using the 
procedure described under Sec.  648.82(h), as applicable.
    (vi) DAS notification. (A) For purposes of DAS notification, if 
required, or electing, to have a VMS unit under Sec.  648.10:
    (1) Fail to have a certified, operational, and functioning VMS unit 
that meets the specifications of Sec.  648.9 on board the vessel at all 
times.
    (2) Fail to comply with the notification, replacement, or any other 
requirements regarding VMS usage specified in Sec.  648.10(b).
    (B) Fail to comply with any provision of the DAS notification 
program specified in Sec.  648.10.

[[Page 20544]]

    (vii) Charter/party vessels. Participate in the DAS program 
pursuant to Sec.  648.82 when carrying passengers for hire on board a 
vessel during any portion of a fishing trip.
    (10) Gear marking requirement for all persons. It is unlawful for 
any person, including any owner or operator of a vessel issued a valid 
NE multispecies permit or letter under Sec.  648.4(a)(1)(i), unless 
otherwise specified in Sec.  648.17, to fail to comply with the gear-
marking requirements of Sec.  648.84.
    (11) U.S./Canada Resource Management Area--(i) Possession and 
landing restrictions of the U.S./Canada Area--(A) All Persons. (1) Fish 
for, harvest, possess or land any regulated NE multispecies from the 
areas specified in Sec.  648.85(a)(1), unless in compliance with the 
restrictions and conditions specified in Sec.  648.85(a)(3).
    (2) If fishing under a NE multispecies DAS in the Western U.S./
Canada Area or Eastern U.S./Canada Area specified in Sec.  
648.85(a)(1), exceed the trip limits specified in Sec.  
648.85(a)(3)(iv), unless further restricted under Sec.  648.85(b).
    (3) If fishing inside the Eastern U.S./Canada Area and in 
possession of fish in excess of what is allowed under more restrictive 
regulations that apply outside of the Eastern U.S./Canada Area, fish 
outside of the Eastern U.S./Canada Area on the same trip, as prohibited 
under Sec.  648.85(a)(3)(ii)(A).
    (4) If fishing both outside and inside of the areas specified for a 
SAP under Sec.  648.85(b)(3) and (8), under a NE multispecies DAS in 
the Eastern U.S./Canada Area specified in Sec.  648.85(a)(1), fail to 
abide by the DAS and possession restrictions under Sec.  
648.85(b)(8)(v)(A)(2) through (4).
    (B) Vessel and operator permit holders. Fail to comply with the GB 
yellowtail flounder trip limit specified under Sec.  
648.85(a)(3)(iv)(C).
    (ii) Gear requirements for all persons. 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)(iii) and (b)(6)(iv)(J)(1); unless using other gear 
authorized under Sec.  648.85(b)(6) or (8).
    (iii) Notification and VMS requirements for all persons. (A) 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 with Sec.  648.85(a)(3)(ii).
    (B) If declared into one of the areas specified in Sec.  
648.85(a)(1), fish during that same trip outside of the declared area, 
unless in compliance with the applicable restrictions specified under 
Sec.  648.85(a)(3)(ii)(A) or (B).
    (C) If the vessel has been issued a limited access NE multispecies 
DAS permit, and is in the area specified in Sec.  648.85(a), fail to 
comply with the VMS requirements in Sec.  648.85(a)(3)(i).
    (D) If fishing under a NE multispecies DAS in the Eastern U.S./
Canada Area specified in Sec.  648.85(a)(1)(ii), but not in a SAP 
specified in Sec.  648.85(b) on the same trip, fail to comply with the 
requirements specified in Sec.  648.85(a)(3).
    (E) Fail to notify NMFS via VMS prior to departing the Eastern 
U.S./Canada Area, when fishing inside and outside of the area on the 
same trip, in accordance with Sec.  648.85(a)(3)(ii)(A)(1).
    (F) When fishing inside and outside of the Eastern U.S./Canada Area 
on the same trip, fail to abide by the most restrictive requirements 
that apply to any area fished, including the DAS counting, trip limits, 
and reporting requirements that apply, as described in Sec.  
648.85(a)(3)(ii)(A).
    (iv) Reporting requirements for all persons. (A) If fishing under a 
NE multispecies DAS in the Western U.S./Canada Area or Eastern U.S./
Canada Area specified in Sec.  648.85(a)(1), fail to report landings in 
accordance with Sec.  648.85(a)(3)(v).
    (B) Fail to comply with the reporting requirements under Sec.  
648.85(a)(3)(ii)(A)(2) when fishing inside and outside of the Eastern 
U.S./Canada Area on one trip.
    (v) DAS--(A) All Persons. If fishing under a NE multispecies DAS in 
the Eastern U.S./Canada Area specified in Sec.  648.85(a)(1)(ii), and 
in one of the SAPs specified in Sec.  648.85(b)(3) or (8) on the same 
trip, fail to comply with the no discard and DAS flip provisions 
specified in Sec.  648.85(b)(8)(v)(I) or the minimum Category A DAS 
requirement specified in Sec.  648.85(b)(8)(v)(J).
    (B) Vessel and operator permit holders. (1) If fishing under a NE 
multispecies Category A DAS in one of the Differential DAS Areas 
defined in Sec.  648.82(e)(2)(i), and under the restrictions of one or 
more of the SAPs under Sec.  648.85, fail to comply with the most 
restrictive regulations.
    (2) 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 by Sec.  
648.85(a)(3)(ii)(A).
    (vi) Closure of the U.S./Canada Area for all persons. If fishing 
under a NE multispecies DAS, declare into, enter, or fish in the 
Eastern U.S./Canada Area specified in Sec.  648.85(a)(1), if the area 
is closed under the authority of the Regional Administrator as 
described in Sec.  648.85(a)(3)(iv)(D) or (E), unless fishing in the 
Closed Area II Yellowtail Flounder SAP specified in Sec.  648.85(b)(3) 
or the Eastern U.S./Canada Haddock SAP Pilot Program specified in Sec.  
648.85(b)(8).
    (12) SAP restrictions--(i) General restrictions for all persons. 
(A) If declared into the areas specified in Sec.  648.85(b), enter or 
exit the declared areas more than once per trip.
    (B) If a vessel is 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 Program specified in Sec.  648.85(b)(6), or the Eastern 
U.S./Canada Haddock SAP 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.
    (ii) General restrictions for vessel and operator permit holders. 
Discard legal-sized NE regulated multispecies, ocean pout, or Atlantic 
halibut while fishing under a SAP, as described in Sec. Sec.  
648.85(b)(3)(xi), 648.85(b)(7)(iv)(H), or 648.85(b)(8)(v)(I).
    (iii) Closed Area II Yellowtail Flounder SAP restrictions for all 
persons. (A) If fishing under the Closed Area II Yellowtail Flounder 
SAP, fish for, harvest, possess, or land any regulated NE multispecies 
from the area specified in Sec.  648.85(b)(3)(ii), unless in compliance 
with Sec.  648.85(b)(3)(i) through (xi).
    (B) Enter or fish in Closed Area II as specified in Sec.  
648.81(b), unless declared into the area in accordance with Sec.  
648.85(b)(3)(v).
    (C) Enter or fish in Closed Area II under the Closed Area II 
Yellowtail Flounder SAP outside of the season specified in Sec.  
648.85(b)(3)(iii).
    (D) If fishing in the Closed Area II Yellowtail Flounder SAP 
specified in Sec.  648.85(b)(3), exceed the number of trips specified 
under Sec.  648.85(b)(3)(vi) or (vii).
    (E) If fishing in the Closed Area II Yellowtail Flounder SAP 
specified in Sec.  648.85(b)(3), exceed the trip limits specified in 
Sec.  648.85(b)(3)(viii).
    (iv) Southern New England/Mid-Atlantic Winter Flounder SAP 
restrictions for all persons. If fishing under the SNE/MA Winter 
Flounder SAP described in Sec.  648.85(b)(4), fail to comply with Sec.  
648.85(b)(4)(i) through (iv).
    (v) Regular B DAS Program restrictions for vessel and operator 
permit holders. (A) If fishing in the Regular B DAS Program specified 
in Sec.  648.85(b)(6), fail to comply with Sec. Sec.  
648.85(b)(6)(iv)(A) through (J).
    (B) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail

[[Page 20545]]

to use a haddock separator trawl as described in Sec.  
648.85(a)(3)(iii)(A), or other approved gear as described in Sec.  
648.85(b)(6)(iv)(J).
    (C) If possessing a Ruhle Trawl, either at sea or elsewhere, as 
allowed under Sec.  648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to 
comply with the net specifications under Sec.  648.85(b)(6)(iv)(J)(3).
    (D) 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)(6)(iv)(E).
    (E) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the landing limits specified in Sec.  
648.85(b)(6)(iv)(D).
    (F) If fishing under a Regular B DAS in the Regular B DAS Program, 
fail to comply with the DAS flip requirements of Sec.  
648.85(b)(6)(iv)(E) if the vessel harvests and brings on board more 
than the landing limit for a groundfish stock of concern specified in 
Sec.  648.85(b)(6)(iv)(D), other groundfish specified under Sec.  
648.86, or monkfish under Sec.  648.94.
    (G) DAS usage restrictions. (1) If fishing in the Regular B DAS 
Program, fail to comply with the restriction on DAS use specified in 
Sec.  648.82(d)(2)(i)(A).
    (2) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the minimum Category A DAS and 
Category B DAS accrual requirements specified in Sec.  
648.85(b)(6)(iv)(F).
    (3) Use a Regular B DAS in the Regular B DAS Program specified in 
Sec.  648.85(b)(6), if the program has been closed as specified in 
Sec.  648.85(b)(6)(iv)(G) or (H), or (b)(6)(vi).
    (H) VMS requirements. (1) 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).
    (2) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the VMS declaration requirement 
specified in Sec.  648.85(b)(6)(iv)(C).
    (I) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the observer notification requirement 
specified in Sec.  648.85(b)(6)(iv)(B).
    (J) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(6), fail to comply with the reporting requirements specified 
in Sec.  648.85(b)(6)(iv)(I).
    (vi) Closed Area I Hook Gear Haddock SAP restrictions for vessel 
and operator permit holders. (A) If fishing in the Closed Area I Hook 
Gear Haddock SAP specified in Sec.  648.85(b)(7), fail to comply with 
the applicable requirements and conditions specified in Sec.  
648.85(b)(7)(iv), and (b)(7)(v) or (b)(7)(vi).
    (B) Fish in the Closed Area I Hook Gear Haddock SAP specified in 
Sec.  648.85(b)(7) outside of the season specified in Sec.  
648.85(b)(7)(iii).
    (C) Fish in the Closed Area I Hook Gear Haddock Access Area 
specified in Sec.  648.85(b)(7)(ii), if that area is closed as 
specified in Sec.  648.85(b)(7)(iv)(I) or (b)(7)(vi)(F).
    (D) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec.  648.85(b)(7), fail to comply with the applicable DAS use 
restrictions specified in Sec.  648.85(b)(7)(iv)(A), and (b)(7)(v)(A) 
or (b)(7)(vi)(A).
    (E) VMS requirements. (1) If fishing in the Closed Area I Hook Gear 
Haddock SAP specified in Sec.  648.85(b)(7), fail to comply with the 
VMS requirements specified in Sec.  648.85(b)(7)(iv)(B).
    (2) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec.  648.85(b)(7), fail to comply with the VMS declaration 
requirement specified in Sec.  648.85(b)(7)(iv)(D).
    (F) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec.  648.85(b)(7), fail to comply with the observer notification 
requirements specified in Sec.  648.85(b)(7)(iv)(C).
    (G) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec.  648.85(b)(7), fail to comply with the applicable gear 
restrictions specified in Sec.  648.85(b)(7)(iv)(E), and (b)(7)(v)(B) 
or (b)(7)(vi)(B).
    (H) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec.  648.85(b)(7), fail to comply with the applicable landing 
limits specified in Sec.  648.85(b)(7)(iv)(H), and (b)(7)(v)(C) or 
(b)(7)(vi)(C).
    (I) If fishing in the Closed Area I Hook Gear Haddock SAP specified 
in Sec.  648.85(b)(7), fail to comply with the applicable reporting 
requirement specified in Sec.  648.85(b)(7)(v)(D) or (b)(7)(vi)(D).
    (vii) Eastern U.S./Canada Haddock SAP Restrictions--(A) All 
Persons. (1) If fishing under a NE multispecies DAS in the Eastern 
U.S./Canada Haddock SAP specified in Sec.  648.85(b)(8), in the area 
specified in Sec.  648.85(b)(8)(ii), and during the season specified in 
Sec.  648.85(b)(8)(iv), fail to comply with Sec.  648.85(b)(8)(v).
    (2) VMS and declaration requirements. (i) If the vessel has been 
issued a limited access NE multispecies DAS permit and is in the area 
specified in Sec.  648.85(b)(8)(ii), fail to comply with the VMS 
requirements in Sec.  648.85(b)(8)(v)(B).
    (ii) If fishing under a NE multispecies DAS, fish in the Eastern 
U.S./Canada Haddock SAP Program specified in Sec.  648.85(b)(8), unless 
declared into the program in accordance with Sec.  648.85(b)(8)(v)(D).
    (3) Enter or fish in the Eastern U.S./Canada Haddock SAP outside of 
the season specified in Sec.  648.85(b)(8)(iv).
    (4) If possessing a Ruhle Trawl, either at sea or elsewhere, as 
allowed under Sec.  648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to 
comply with the net specifications under Sec.  648.85(b)(6)(iv)(J)(3).
    (5) Possession limits and restrictions. (i) If fishing under a NE 
multispecies DAS in the Eastern U.S./Canada Haddock SAP, exceed the 
possession limits specified in Sec.  648.85(b)(8)(v)(F).
    (ii) 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 of Sec.  648.85(b)(8)(v)(A) through (I).
    (6) If fishing in the Eastern U.S./Canada Haddock SAP specified in 
Sec.  648.85(b)(8), fail to comply with the reporting requirements of 
Sec.  648.85(b)(8)(v)(G).
    (7) If fishing under the Eastern U.S./Canada Haddock SAP specified 
in Sec.  648.85(b)(8), fail to comply with the observer notification 
requirements of Sec.  648.85(b)(8)(v)(C).
    (B) Vessel and operator permit holders. (1) If fishing in the 
Eastern U.S./Canada Haddock SAP Area, and other portions of the Eastern 
U.S./Canada Haddock SAP Area on the same trip, fail to comply with the 
restrictions in Sec.  648.85(b)(8)(v)(A).
    (2) DAS usage restrictions. (i) If fishing in the Eastern U.S./
Canada Haddock SAP Area under a Category B DAS, fail to comply with the 
DAS flip requirements of Sec.  648.85(b)(8)(v)(I), if the vessel 
possesses more than the applicable landing limit specified in 
Sec. Sec.  648.85(b)(8)(v)(F) or 648.86.
    (ii) If fishing in the Eastern U.S./Canada Haddock SAP Area under a 
Category B DAS, fail to have the minimum number of Category A DAS 
available as required by Sec.  648.85(b)(8)(v)(J).
    (3) Fish in the Eastern U.S./Canada Haddock SAP specified in Sec.  
648.85(b)(8), if the SAP is closed as specified in Sec.  
648.85(b)(8)(v)(K) or (L).
    (13) Possession and landing restrictions--(i) All persons. (A) 
Under Sec.  648.85 or Sec.  648.86, fail to offload regulated species 
subject to a landing limit based on a DAS fished at the end

[[Page 20546]]

of a fishing trip, as required by Sec.  648.86(i).
    (B) Scallop vessels. Possess or land fish caught with nets of mesh 
smaller than the minimum size specified in Sec.  648.51, or with 
scallop dredge gear on a vessel not fishing under the scallop DAS 
program described in Sec.  648.54, or fishing under a general scallop 
permit, unless said fish are caught, possessed, or landed in accordance 
with Sec. Sec.  648.80 and 648.86, or unless the vessel has not been 
issued a Federal NE multispecies permit and fishes for NE multispecies 
exclusively in state waters.
    (ii) Vessel and operator permit holders. (A) Land, or possess on 
board a vessel, more than the possession or landing limits specified in 
Sec.  648.86(a), (b), (c), (d), (g), and (h); or violate any of the 
other provisions of Sec.  648.86, unless otherwise specified in Sec.  
648.17.
    (B) Possess or land per trip more than the possession or landing 
limits specified under Sec.  648.86(a), (e), (g), (h), and (j), and 
under Sec.  648.82(b)(5) or (6), if the vessel has been issued a 
limited access NE multispecies permit or open access NE multispecies 
permit, as applicable.
    (C) Fish for, possess at any time during a trip, or land regulated 
NE multispecies specified in Sec.  648.86(d) after using up the 
vessel's annual DAS allocation or when not participating in the DAS 
program pursuant to Sec.  648.82, unless otherwise exempted by 
Sec. Sec.  648.82(b)(5) or 648.89.
    (D) Atlantic cod. (1) Enter port, while on a NE multispecies DAS 
trip, in possession of more than the allowable limit of cod specified 
in Sec.  648.86(b)(1), unless the vessel is fishing under the cod 
exemption specified in Sec.  648.86(b)(4).
    (2) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(b)(2).
    (3) Cod running clock. (i) For vessels fishing in the NE 
multispecies DAS program under the provisions of the call-in system, 
described in Sec.  648.10(c), fail to remain in port for the 
appropriate time specified in Sec.  648.86(b)(1)(ii)(A) and 
(b)(2)(ii)(A), except for transiting purposes, provided the vessel 
complies with Sec.  648.86(b)(3).
    (ii) For vessels fishing in the NE multispecies DAS program under 
the provisions of VMS, described in Sec.  648.10(b), fail to declare 
through VMS that insufficient DAS have elapsed in order to account for 
the amount of cod on board the vessel as required under Sec.  
648.86(b)(2)(ii)(B).
    (4) Fail to declare through VMS an intent to be exempt from the GOM 
cod trip limit under Sec.  648.86(b)(1), as required under Sec.  
648.86(b)(4), or fish north of the exemption line if in possession of 
more than the GOM cod trip limit specified under Sec.  648.86(b)(1).
    (E) Atlantic halibut. Possess or land per trip more than the 
possession or landing limit specified under Sec.  648.86(c).
    (F) White hake. Possess or land more white hake than allowed under 
Sec.  648.86(e).
    (G) Yellowtail flounder. While fishing in the areas specified in 
Sec.  648.86(g)(1) with a NE multispecies Handgear A permit, or under 
the NE multispecies DAS program, or under the limited access monkfish 
Category C or D permit provisions, possess yellowtail flounder in 
excess of the limits specified under Sec.  648.86(g)(1), unless fishing 
under the recreational or charter/party regulations, or transiting in 
accordance with Sec.  648.23(b).
    (H) GB winter flounder. Possess or land more GB winter flounder 
than allowed under Sec.  648.86(j).
    (14) Sector requirements for all persons--(i) General requirements. 
(A) If fishing under an approved sector, as authorized under Sec.  
648.87, fail to abide by the restrictions specified in Sec.  
648.87(b)(1).
    (B) If fishing under an approved sector, as authorized under Sec.  
648.87, fail to remain in the sector for the remainder of the fishing 
year as required by Sec.  648.87(b)(1).
    (C) If fishing under an approved sector, as authorized under Sec.  
648.87, fish in the NE multispecies DAS program in a given fishing year 
or, if fishing under a NE multispecies DAS, fish in an approved sector 
in a given fishing year, unless otherwise provided under Sec.  
648.87(b)(1)(xii).
    (D) If a vessel has agreed to participate in a sector, fail to 
remain in the sector for the entire fishing year, as required under 
Sec.  648.87(b)(1)(xi).
    (E) If a vessel is removed from a sector for violating the sector 
rules, fish under the NE multispecies regulations for non-sector 
vessels.
    (ii) GB Cod Hook Sector. If fishing under the GB Cod Hook Sector 
specified under Sec.  648.87(d)(1), fish with gear other than jigs, 
demersal longline, or handgear.
    (iii) GB Fixed Gear Sector. If fishing under the GB Fixed Gear 
Sector specified under Sec.  648.87(d)(2), fish with gear other than 
jigs, non-automated demersal longline, handgear, or sink gillnets.
    (15) Open access permit restrictions--(i) All persons. (A) Violate 
any provision of the open access permit restrictions of Sec.  648.88.
    (B) Possess on board gear other than that specified in Sec.  
648.88(a)(2)(i), or fish with hooks greater than the number specified 
in Sec.  648.88(a)(2)(iii), if fishing under an open access Handgear 
permit.
    (C) Fish for, possess, or land regulated multispecies from March 1 
to March 20, if issued an open access Handgear permit.
    (ii) Vessel and operator permit holders--(A) Open access Handgear 
permit. It is unlawful for any person owning or operating a vessel 
issued an open access NE multispecies Handgear permit to do any of the 
following, unless otherwise specified in Sec.  648.17:
    (1) Violate any provision of the open access Handgear permit 
restrictions of Sec.  648.88(a).
    (2) Possess, at any time during a trip, or land per trip, more than 
the possession limit of NE multispecies specified in Sec.  648.88(a), 
unless the vessel is a charter or party vessel fishing under the 
charter/party restrictions specified in Sec.  648.89.
    (3) Use, or possess on board, gear capable of harvesting NE 
multispecies, other than rod and reel, or handline gear, or tub-trawls, 
while in possession of, or fishing for, NE multispecies.
    (4) Possess or land NE multispecies during the time period 
specified in Sec.  648.88(a)(2).
    (B) Scallop multispecies possession limit permit. It is unlawful 
for any person owning or operating a vessel issued a scallop 
multispecies possession limit permit to possess or land more than the 
possession limit of NE multispecies specified in Sec.  648.88(c), or to 
possess or land regulated species when not fishing under a scallop DAS, 
unless otherwise specified in Sec.  648.17.
    (C) Open access NE multispecies (Non-regulated species permit). It 
is unlawful for any owner or operator of a vessel issued a valid open 
access NE multispecies permit to possess or land any regulated species 
as defined in Sec.  648.2, or to violate any applicable provisions of 
Sec.  648.88, unless otherwise specified in Sec.  648.17.
    (16) Recreational and charter/party requirements. It is unlawful 
for the owner or operator of a charter or party boat issued a valid 
Federal NE multispecies permit, or for a recreational vessel, as 
applicable, unless otherwise specified in Sec.  648.17, to do any of 
the following:
    (i) Possession and landing. Possess cod, haddock, or Atlantic 
halibut in excess of the possession limits specified in Sec.  
648.89(c).
    (ii) Gear requirements. Fish with gear in violation of the 
restrictions of Sec.  648.89(a).

[[Page 20547]]

    (iii) Seasonal and area restrictions. (A) 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)(v) or (c)(2)(v), or 
fail to abide by the appropriate restrictions if transiting with cod on 
board.
    (B) If the vessel has been issued a charter/party permit or is 
fishing under charter/party regulations, fail to comply with the 
requirements specified in Sec.  648.81(f)(2)(iii) when fishing in the 
areas described in Sec.  648.81(d)(1) through (f)(1) during the time 
periods specified.
    (C) If the vessel is a private recreational fishing vessel, fail to 
comply with the seasonal GOM cod possession prohibition described in 
Sec.  648.89(c)(1)(v), or, if the vessel has been issued a charter/
party permit or is fishing under charter/party regulations, fail to 
comply with the prohibition on fishing under Sec.  648.89(c)(2)(v).
    (iv) Restriction on sale and transfer. Sell, trade, barter, or 
otherwise transfer; or attempt to sell, trade, barter or otherwise 
transfer; NE multispecies for a commercial purpose as specified in 
Sec.  648.89(d).
    (17) Presumptions. For purposes of this part, the following 
presumptions apply:
    (i) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec.  648.83 are deemed to have been taken 
or imported in violation of these regulations, unless the preponderance 
of all submitted evidence demonstrates that such fish were harvested by 
a vessel not issued a permit under this part and fishing exclusively 
within state waters, or by a vessel that fished exclusively in the NAFO 
Regulatory Area. This presumption does not apply to fish being sorted 
on deck.
    (ii) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec.  648.83 are deemed taken from the EEZ 
or imported in violation of these regulations, unless the preponderance 
of all submitted evidence demonstrates that such fish were harvested by 
a vessel not issued a permit under this part and fishing exclusively 
within state waters, or by a vessel that fished exclusively in the NAFO 
Regulatory Area. This presumption does not apply to fish being sorted 
on deck.
    (l) Small-mesh multispecies. (1) It is unlawful for any person 
owning or operating a vessel issued a valid Federal multispecies permit 
to land, offload, or otherwise transfer; or attempt to land, offload, 
or otherwise transfer; small-mesh multispecies from one vessel to 
another in excess of the limits specified in Sec.  648.13.
    (2) Presumptions. For purposes of this part, the following 
presumption applies: All small-mesh multispecies retained or possessed 
on a vessel issued any permit under Sec.  648.4 are deemed to have been 
harvested from the EEZ.
    (m) Monkfish. It is unlawful for any person owning or operating a 
vessel that engages in fishing for monkfish to do any of the following, 
unless otherwise fishing in accordance with, and exempted under, the 
provisions of Sec.  648.17:
    (1) Permit requirement. (i) Fish for, possess, retain, or land 
monkfish, unless:
    (A) The monkfish are being fished for, or were harvested, in or 
from the EEZ by a vessel issued a valid monkfish permit under Sec.  
648.4(a)(9).
    (B) The vessel does not hold a valid Federal monkfish permit and 
fishes for or possesses monkfish exclusively in state waters.
    (C) The vessel does not hold a valid Federal monkfish permit and 
engages in recreational fishing.
    (D) The monkfish were harvested from the NAFO Regulatory Area in 
accordance with the provisions specified under Sec.  648.17.
    (ii) Fish for, possess, or land monkfish in or from the EEZ without 
having been issued and possessing a valid operator permit pursuant to 
Sec.  648.5, and this permit is onboard the vessel.
    (2) Gear requirements. (i) Fish with or use nets with mesh size 
smaller than the minimum mesh size specified in Sec.  648.91(c) while 
fishing under a monkfish DAS.
    (ii) Fail to immediately produce gillnet tags when requested by an 
authorized officer.
    (iii) Tag a gillnet with, or otherwise use or possess, a gillnet 
tag that has been reported lost, missing, destroyed, or issued to 
another vessel, or use or possess a false gillnet tag.
    (iv) Sell, transfer, or give away gillnet tags.
    (v) If the vessel has been issued a valid limited access monkfish 
permit, and fishes under a monkfish DAS, fail to comply with gillnet 
requirements and restrictions specified in Sec.  648.92(b)(8).
    (3) Area restrictions. (i) Fail to comply with the restrictions 
applicable to limited access Category G and H vessels specified under 
Sec.  648.92(b)(9).
    (ii) Fail to comply with the NFMA requirements specified at Sec.  
648.94(f).
    (4) DAS requirements. (i) Fail to comply with the monkfish DAS 
provisions specified at Sec.  648.92 when issued a valid limited access 
monkfish permit.
    (ii) Combine, transfer, or consolidate monkfish DAS allocations.
    (5) Size limits. Fail to comply with the monkfish size limit 
restrictions of Sec.  648.93 when issued a valid monkfish permit under 
Sec.  648.4(a)(9) or when fishing in the EEZ.
    (6) Possession and landing. (i) Fail to comply with the monkfish 
possession limits and landing restrictions, including liver landing 
restrictions, specified under Sec.  648.94.
    (ii) Violate any provision of the monkfish incidental catch permit 
restrictions as specified in Sec. Sec.  648.4(a)(9)(ii) or 648.94(c).
    (7) Transfer and sale. (i) Sell, barter, trade, or otherwise 
transfer for a commercial purpose; or attempt to sell, barter, trade, 
or otherwise transfer for a commercial purpose; any monkfish from a 
vessel without having been issued a valid monkfish vessel permit, 
unless the vessel fishes for monkfish exclusively in state waters, or 
exclusively in the NAFO Regulatory Area in accordance with the 
provisions specified under Sec.  648.17.
    (ii) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, monkfish in excess of the possession or trip limits 
specified in Sec.  648.94.
    (iii) Land, offload, or otherwise transfer; or attempt to land, 
offload, or otherwise transfer; monkfish from one vessel to another 
vessel, unless each vessel has not been issued a monkfish permit and 
fishes exclusively in state waters.
    (8) Presumption. For purposes of this part, the following 
presumption applies: All monkfish retained or possessed on a vessel 
issued any permit under Sec.  648.4 are deemed to have been harvested 
from the EEZ, unless the preponderance of evidence demonstrates that 
such fish were harvested by a vessel that fished exclusively in the 
NAFO Regulatory Area, as authorized under Sec.  648.17.
    (n) Summer flounder--(1) All persons. Unless participating in a 
research activity as described in Sec.  648.21(g), it is unlawful for 
any person to do any of the following:
    (i) Permit requirement. Possess summer flounder in or harvested 
from the EEZ, either in excess of the possession limit specified in 
Sec.  648.105, or before or after the time period specified in Sec.  
648.102, unless the vessel was issued a summer flounder moratorium 
permit and the moratorium permit is on board the vessel and has not 
been surrendered, revoked, or suspended.
    (ii) Transfer and purchase. (A) Purchase or otherwise receive for a 
commercial purpose, other than solely

[[Page 20548]]

for transport on land, summer flounder from the owner or operator of a 
vessel issued a summer flounder moratorium permit, unless in possession 
of a valid summer flounder dealer permit.
    (B) Purchase or otherwise receive for commercial purposes summer 
flounder caught by a vessel subject to the possession limit of Sec.  
648.105.
    (C) Purchase or otherwise receive for a commercial purpose summer 
flounder landed in a state after the effective date published in the 
Federal Register notifying permit holders that commercial quota is no 
longer available in that state for the respective fishing year.
    (iii) Gear requirements. Possess nets or netting with mesh not 
meeting the minimum mesh requirement of Sec.  648.104 if the person 
possesses summer flounder harvested in or from the EEZ in excess of the 
threshold limit of Sec.  648.105(a).
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec.  648.100(f), it is unlawful for 
any person owning or operating a vessel issued a summer flounder permit 
(including a moratorium permit) to do any of the following:
    (i) Possession and landing. (A) Possess 100 lb (45.4 kg) or more of 
summer flounder between May 1 and October 31, or 200 lb (90.7 kg) or 
more of summer flounder between November 1 and April 30, unless the 
vessel meets the gear requirements or restrictions specified in Sec.  
648.104.
    (B) Possess summer flounder in other than a container specified in 
Sec.  648.105(d) if fishing with nets having mesh that does not meet 
the minimum mesh-size requirement specified in Sec.  648.104(a), unless 
the vessel is fishing pursuant to the exemptions specified in Sec.  
648.104(b).
    (C) Land summer flounder for sale in a state after the effective 
date of a notification in the Federal Register notifying permit holders 
that commercial quota is no longer available in that state.
    (D) Sell or transfer to another person for a commercial purpose, 
other than solely for transport on land, any summer flounder, possessed 
or landed by a vessel not issued a summer flounder moratorium permit.
    (ii) Transfer and purchase. Sell or transfer to another person for 
a commercial purpose, other than solely for transport on land, any 
summer flounder, unless the transferee has a valid summer flounder 
dealer permit.
    (iii) Gear requirements. (A) Fish with or possess nets or netting 
that do not meet the minimum mesh requirement, or that are modified, 
obstructed or constricted, if subject to the minimum mesh requirement 
specified in Sec.  648.104, unless the nets or netting are stowed in 
accordance with Sec.  648.104(e).
    (B) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement, or that are modified, obstructed or 
constricted, if fishing with an exempted net described in Sec.  
648.104, unless the nets or netting are stowed in accordance with Sec.  
648.104(f).
    (C) Fish west or south, as appropriate, of the line specified in 
Sec.  648.104(b)(1) if exempted from the minimum mesh requirement 
specified in Sec.  648.104 by a summer flounder exemption permit.
    (3) Charter/party restrictions. Unless participating in a research 
activity as described in Sec.  648.100(f), it is unlawful for the owner 
and operator of a party or charter boat issued a summer flounder permit 
(including a moratorium permit), when the boat is carrying passengers 
for hire or carrying more than three crew members if a charter boat or 
more than five members if a party boat, to:
    (i) Carry passengers for hire, or carry more than three crew 
members for a charter boat or five crew members for a party boat, while 
fishing commercially pursuant to a summer flounder moratorium permit.
    (ii) Possess summer flounder in excess of the possession limit 
established pursuant to Sec.  648.105.
    (iii) Fish for summer flounder other than during a season specified 
pursuant to Sec.  648.102.
    (iv) Sell or transfer summer flounder to another person for a 
commercial purpose.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All summer flounder retained or possessed on a 
vessel issued a permit under Sec.  648.4 are deemed to have been 
harvested in the EEZ.
    (o) Scup--(1) All persons. Unless participating in a research 
activity as described in Sec.  648.120(e), it is unlawful for any 
person to do any of the following:
    (i) Permit requirement. Fish for, catch, or retain for sale, 
barter, or trade scup in or from the EEZ north of 35[deg]15.3' N. lat. 
on board a party or charter boat without the vessel having been issued 
an applicable valid party or charter boat permit pursuant to Sec.  
648.4(a)(6), unless the vessel other than a party or charter vessel 
observes the possession limit restrictions and prohibition against 
sales specified in Sec.  648.125.
    (ii) Possession and landing. (A) Possess scup in or harvested from 
the EEZ north of 35[deg]15.3' N. lat. in an area closed, or before or 
after a season established pursuant to Sec.  648.122(g).
    (B) Possess scup in excess of the possession limit established 
pursuant to Sec.  648.125.
    (C) Fish for, possess, or land scup harvested in or from the EEZ 
north of 35[deg]15.3' N. lat. for a commercial purpose after the 
effective date of a notification published in the Federal Register 
stating that the commercial quota has been harvested.
    (D) Fish for, catch, possess, or retain scup in or from the EEZ 
north of 35[deg]15.3' N. lat. in excess of the amount specified in 
Sec.  648.123, unless the vessel complies with all of the gear 
restrictions in Sec.  648.123.
    (E) Fish for, catch, retain, or land scup in or from the EEZ north 
of 35[deg]15.3' N. lat. in excess of the limit established through the 
annual specification process and published in the Federal Register 
pursuant to Sec.  648.120(b)(3), (4), and (7).
    (iii) Minimum fish size. Possess, other than solely for transport 
on land, scup harvested in or from the EEZ north of 35[deg]15.3' N. 
lat. that do not meet the minimum fish size specified in Sec.  648.124.
    (iv) Transfer and purchase. Purchase or otherwise receive for a 
commercial purpose scup harvested from the EEZ north of 35[deg]15.3' N. 
lat., or from a vessel issued a scup moratorium permit after the 
effective date of a notification published in the Federal Register 
stating that the commercial quota has been harvested.
    (v) Gear requirements. Fail to comply with any of the gear 
restrictions specified in Sec.  648.123.
    (vi) Gear restricted areas. Fish for, catch, possess, retain, or 
land Loligo squid, silver hake, or black sea bass in or from the areas 
and during the time periods described in Sec.  648.122(a) or (b) while 
in possession of any trawl nets or netting that do not meet the minimum 
mesh restrictions or that are obstructed or constricted as specified in 
Sec. Sec.  648.122 and 648.123(a), unless the nets or netting are 
stowed in accordance with Sec.  648.123(b).
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec.  648.120(e), it is unlawful for 
any person owning or operating a vessel issued a scup permit (including 
a moratorium permit) to do any of the following:
    (i) Possession and landing. (A) Possess scup in excess of the 
threshold amount specified in Sec.  648.123, unless the vessel meets 
the minimum mesh-size restrictions specified in Sec.  648.123.
    (B) Land scup for sale after the effective date of a notification 
published in the Federal Register stating that the commercial quota has 
been harvested.

[[Page 20549]]

    (C) Possess scup in, or harvested from, the EEZ in an area closed 
by, or before or after a season established pursuant to Sec.  648.122.
    (ii) Transfer and purchase. (A) Sell or transfer to another person 
for a commercial purpose, other than solely for transport on land, any 
scup, unless the transferee has a dealer permit issued under Sec.  
648.6.
    (B) Transfer scup at sea, or attempt to transfer at sea to any 
vessel, any scup taken from the EEZ, unless in compliance with the 
provisions of Sec.  648.13(i).
    (3) Charter/party requirements. Unless participating in a research 
activity as described in Sec.  648.120(e), it is unlawful for the owner 
or operator of a party or charter boat issued a scup permit (including 
a moratorium permit), when the boat is carrying passengers for hire, or 
when carrying more than three crew members, if a charter boat, or more 
than five members, if a party boat to:
    (i) Carry passengers for hire, or carry more than three crew 
members for a charter boat, or five crew members for a party boat, 
while fishing for scup under the terms of a moratorium permit issued 
pursuant to Sec.  648.4(a)(6).
    (ii) Possess scup in excess of the possession limit established 
pursuant to Sec.  648.125.
    (iii) Fish for scup other than during a season established pursuant 
to Sec.  648.122.
    (iv) Sell scup or transfer scup to another person for a commercial 
purpose other than solely for transport on land.
    (v) Possess scup that do not meet the minimum fish size specified 
in Sec.  648.124(b).
    (4) Presumption. For purposes of this part, the following 
presumption applies: All scup retained or possessed on a vessel issued 
a permit under Sec.  648.4 are deemed to have been harvested in the 
EEZ, north of 35[deg]15.3' N. lat., unless a preponderance of the 
evidence shows the fish were harvested by a vessel that fished 
exclusively in state waters.
    (p) Black sea bass--(1) All persons. Unless participating in a 
research activity as described in Sec.  648.140(e), it is unlawful for 
any person to do any of the following:
    (i) Permit requirement. Possess black sea bass in or harvested from 
the EEZ north of 35[deg]15.3' N. lat., either in excess of the 
possession limit established pursuant to Sec.  648.145, or before or 
after the time period established pursuant to Sec.  648.142, unless the 
person is operating a vessel issued a moratorium permit under Sec.  
648.4 and the moratorium permit is on board the vessel.
    (ii) Possession and landing. Fish for, catch, possess, land, or 
retain black sea bass in or from the EEZ north of 35[deg]15.3' N. lat. 
(the latitude of Cape Hatteras Light, NC, to the U.S.-Canadian border) 
in excess of the amount specified in Sec.  648.144(a)(1)(i), unless the 
vessel complies with all of the gear restrictions at Sec.  648.144(a).
    (iii) Transfer and purchase. Purchase or otherwise receive for 
commercial purposes, other than solely for transport on land, black sea 
bass landed for sale by a moratorium vessel in any state, or part 
thereof, north of 35[deg]15.3' N. lat., after the effective date of a 
notification published in the Federal Register stating that the 
commercial annual quota has been harvested and the EEZ is closed to the 
harvest of black sea bass.
    (iv) Gear restriction. Fail to comply with any of the gear 
restrictions specified in Sec.  648.144.
    (v) Minimum fish size. Fish for, possess, land, or retain black sea 
bass in or from the EEZ that does not comply with the minimum fish size 
specified in Sec.  648.143.
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec.  648.140(e), it is unlawful for 
any person owning or operating a vessel issued a black sea bass permit 
(including a moratorium permit) to do any of the following:
    (i) Permit requirement. Sell or transfer to another person for a 
commercial purpose, other than solely for transport on land, any black 
sea bass from a vessel, unless the transferee has a valid black sea 
bass dealer permit.
    (ii) Possession and landing. (A) Land black sea bass for sale in 
any state, or part thereof, north of 35[deg]15.3' N. lat. after the 
effective date of a notification published in the Federal Register 
stating that the commercial annual quota has been harvested and the EEZ 
is closed to the harvest of black sea bass.
    (B) Possess, retain, or land black sea bass harvested in or from 
the EEZ in excess of the commercial possession limit established at 
Sec.  648.140.
    (C) Land black sea bass for sale in any state south of North 
Carolina.
    (D) Possess black sea bass after the effective date of a 
notification published in the Federal Register stating that the 
commercial annual quota has been harvested and the EEZ is closed to the 
harvest of black sea bass, unless the vessel has been issued a 
Southeast Region Snapper/Grouper Permit and fishes for and possess 
black sea bass south of 35[deg]15.3' N. lat.
    (3) Charter/party restrictions. Unless participating in a research 
activity as described in Sec.  648.140(e), it is unlawful for the owner 
or operator of a party or charter boat issued a black sea bass permit 
(including a moratorium permit), when the boat is carrying passengers 
for hire or carrying more than three crew members, if a charter boat, 
or more than five members, if a party boat, to:
    (i) Fish for black sea bass under the terms of a moratorium permit 
issued pursuant to Sec.  648.4(a)(7).
    (ii) Possess, retain, or land black sea bass in excess of the 
possession limit established pursuant to Sec.  648.145.
    (iii) Fish for black sea bass other than during a time allowed 
pursuant to Sec.  648.142.
    (iv) Sell black sea bass or transfer black sea bass from a vessel 
to another person for a commercial purpose other than solely for 
transport on land.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All black sea bass retained or possessed on a 
vessel issued a permit under Sec.  648.4 are deemed to have been 
harvested in the EEZ, unless the vessel also has been issued a 
Southeast Region Snapper/Grouper permit and fishes for, retains, or 
possesses black sea bass south of 35[deg]15.3' N. lat.
    (q) Bluefish. Unless participating in a research activity as 
described in Sec.  648.160(h), it is unlawful for any person to do any 
of the following:
    (1) Permit requirement. Possess in or harvest from the EEZ, 
Atlantic bluefish, in excess of the daily possession limit found at 
Sec.  648.164, unless the vessel is issued a valid Atlantic bluefish 
vessel permit under Sec.  648.4(a)(8)(i) and the permit is on board the 
vessel and has not been surrendered, revoked, or suspended.
    (2) Possession and landing. (i) Land bluefish for sale in a state 
after the effective date of a notification in the Federal Register 
pursuant to Sec.  648.161(b), that the commercial quota is no longer 
available in that state.
    (ii) Land bluefish for sale after the effective date of a 
notification in the Federal Register pursuant to Sec.  648.161(a), that 
the bluefish fishery is closed.
    (3) Transfer and purchase. (i) Sell, barter, trade or transfer; or 
attempt to sell, barter, trade or otherwise transfer; other than for 
transport, bluefish that were harvested in or from the EEZ, unless the 
vessel has been issued a valid bluefish permit under Sec.  
648.4(a)(8)(i).
    (ii) Purchase or otherwise receive for a commercial purpose 
bluefish harvested from the EEZ after the effective date of the 
notification published in the Federal Register stating that the 
commercial quota has been harvested.

[[Page 20550]]

    (iii) Purchase or otherwise receive for a commercial purpose 
bluefish harvested by a Federally permitted vessel after the effective 
date of the notification published in the Federal Register stating that 
the commercial quota has been harvested.
    (4) Charter/party restrictions. Carry passengers for hire, or carry 
more than three crew members for a charter boat or five crew members 
for a party boat, while fishing commercially pursuant to a bluefish 
permit issued under Sec.  648.4(a)(8).
    (5) Presumption. For purposes of this part, the following 
presumption applies: All bluefish possessed on board a party or charter 
vessel issued a permit under Sec.  648.4(a)(8)(ii) are deemed to have 
been harvested from the EEZ.
    (r) Atlantic herring.--(1) All persons. It is unlawful for any 
person to do any of the following:
    (i) Permit requirement. Operate, or act as an operator of, a vessel 
with an Atlantic herring permit, or a vessel fishing for or possessing 
herring in or from the EEZ, unless the operator has been issued, and is 
in possession of, a valid operator permit.
    (ii) Possession and landing. (A) Fish for, possess, retain or land 
herring, unless:
    (1) The herring are being fished for, or were harvested in or from, 
the EEZ by a vessel holding a valid herring permit under this part and 
the operator on board such vessel possesses a valid operator permit 
that is on board the vessel.
    (2) The herring were harvested by a vessel not issued a herring 
permit that fished exclusively in state waters.
    (3) The herring were harvested in or from the EEZ by a vessel 
engaged in recreational fishing.
    (4) The herring were possessed for personal use as bait.
    (5) Unless otherwise specified in Sec.  648.17.
    (B) Possess, transfer, receive, or sell; or attempt to transfer, 
receive, or sell; more than 2,000 lb (907.2 kg) of herring per trip; or 
land, or attempt to land more than 2,000 lb (907.2 kg) of herring per 
day in or from a management area closed pursuant to Sec.  648.201(a), 
if the vessel has been issued and holds a valid herring permit.
    (C) Possess or land more herring than is allowed by the vessel's 
Atlantic herring permit.
    (iii) Processing requirements. (A) Process herring that was caught 
in or from the EEZ by a U.S. vessel that exceeds the size limits 
specified in Sec.  648.4(a)(10)(iii), in excess of the specification of 
USAP.
    (B) Discard herring carcasses at sea after removing the roe, if a 
Federally permitted vessel; or in the EEZ, if not a Federally permitted 
vessel.
    (C) Catch, take, or harvest herring for roe, at sea, if a Federally 
permitted vessel; or if not Federally permitted, in or from the EEZ in 
excess of any limit established by Sec.  648.206(b)(24).
    (iv) Transfer and purchase. (A) Purchase, possess, receive; or 
attempt to purchase, possess, or receive; as a dealer, or in the 
capacity of a dealer, herring harvested in or from the EEZ, without 
having been issued, and in possession of, a valid herring dealer 
permit.
    (B) Purchase, possess, receive; or attempt to purchase, possess, or 
receive; as a processor, or in the capacity of a processor, herring 
from a fishing vessel with a herring permit or from a dealer with a 
herring dealer permit, without having been issued, and in possession 
of, a valid herring processor permit.
    (C) Sell, barter, trade, or otherwise transfer; or attempt to sell, 
barter, trade, or otherwise transfer; for a commercial purpose, any 
herring, unless the harvesting vessel has been issued a herring permit, 
or unless the herring were harvested by a vessel without a Federal 
herring permit that fished exclusively in state waters.
    (D) Purchase, possess, or receive, for a commercial purpose; or 
attempt to purchase, possess, or receive, for a commercial purpose; 
herring caught by a vessel without a herring permit, unless the herring 
was harvested by a vessel without a Federal herring permit that fished 
exclusively in state waters.
    (E) Transfer, or attempt to transfer, herring to a Canadian 
transshipment vessel that is permitted in accordance with Public Law 
104-297, if the amount of herring transshipped exceeds the amount of 
the border transfer specified in Sec.  648.200.
    (v) Gear and vessel requirements. (A) If fishing with midwater 
trawl or purse seine gear, fail to comply with the requirements of 
Sec.  648.80(d) and (e).
    (B) Catch, take, or harvest Atlantic herring in or from the EEZ 
with a U.S. vessel that exceeds the size limits specified in Sec.  
648.4(a)(10)(iii).
    (vi) Area requirements. (A) For the purposes of observer 
deployment, fail to notify NMFS at least 72 hr prior to departing on a 
trip by a limited access herring vessel fishing for herring in the GOM/
GB Exemption Area specified in Sec.  648.80(a)(17).
    (B) Possess, land, transfer, receive, sell, purchase, trade, or 
barter; or attempt to transfer, receive, sell, purchase, trade, or 
barter, or sell more than 2,000 lb (907 kg) of Atlantic herring per 
trip taken from the GOM/GB Herring Exemption Area, defined in Sec.  
648.86(a)(3)(ii)(A)(1), after the haddock cap has been reached pursuant 
to Sec.  648.86(a)(3), unless all herring possessed or landed by the 
vessel was caught outside of GOM/GB Herring Exemption Area.
    (C) Transit the GOM/GB Herring Exemption Area, when the 2,000-lb 
(907.2-kg) limit specified in Sec.  648.86(a)(3)(ii)(A)(1) is in place, 
in possession of more than 2,000 lb (907.2 kg) of herring, unless all 
herring on board was caught outside of GOM/GB Herring Exemption Area 
and all fishing gear is stowed and not available for immediate use, as 
required by Sec.  648.23(b).
    (D) Fish for herring in Area 1A from June 1 through September 30 
with midwater trawl gear.
    (vii) Transit and transport. (A) Transit or be in an area closed to 
fishing for Atlantic herring pursuant to Sec.  648.201(a) with more 
than 2,000 lb (907.2 kg) of herring, unless all fishing gear is stowed 
as specified by Sec.  648.23(b).
    (B) Receive Atlantic herring at sea in or from the EEZ, solely for 
transport, without a letter of authorization from the Regional 
Administrator.
    (C) Fail to comply with a letter of authorization from the Regional 
Administrator.
    (D) Transit Area 1A from June 1 through September 30 with more than 
2,000 lb (907.2 kg) of herring without mid-water trawl gear properly 
stowed as required by Sec.  648.23(b).
    (E) Discard haddock at sea that has been brought on deck, or pumped 
into the hold, of a limited access herring vessel.
    (viii) VMS requirements. (A) Catch, take, or harvest Atlantic 
herring in or from the EEZ, if a limited access herring vessel, unless 
equipped with an operable VMS unit.
    (B) Fail to notify the NMFS Office of Law Enforcement of the time 
and date of landing via VMS, if a limited access herring vessel, at 
least 6 hr prior to landing herring at the end of a fishing trip.
    (2) Vessel and operator permit holders. It is unlawful for any 
person owning or operating a vessel holding a valid Federal Atlantic 
herring permit, or issued an operator's permit, to do any of the 
following:
    (i) Sell, purchase, receive, trade, barter, or transfer haddock or 
other regulated NE multispecies (cod, witch flounder, plaice, 
yellowtail flounder, pollock, winter flounder, windowpane flounder, 
redfish, and white hake); or attempt to sell, purchase, receive, trade, 
barter, or transfer haddock or other

[[Page 20551]]

regulated NE for human consumption; if the regulated NE multispecies 
are landed by a vessel holding an All Areas Limited Access Herring 
Permit and/or an Areas 2 and 3 Limited Access Herring Permit.
    (ii) Fail to comply with requirements for herring processors/
dealers that handle individual fish to separate out, and retain, for at 
least 12 hr, all haddock offloaded from vessels holding an All Areas 
Limited Access Herring Permit and/or an Areas 2 and 3 Limited Access 
Herring Permit.
    (iii) Sell, purchase, receive, trade, barter, or transfer; or 
attempt to sell, purchase, receive, trade, barter, or transfer; to 
another person, any haddock or other regulated NE multispecies (cod, 
witch flounder, plaice, yellowtail flounder, pollock, winter flounder, 
windowpane flounder, redfish, and white hake) separated out from a 
herring catch offloaded from a vessel that has an All Areas Limited 
Access Herring Permit and/or an Areas 2 and 3 Limited Access Herring 
Permit.
    (iv) While operating as an at-sea herring processor, fail to comply 
with requirements to separate out and retain all haddock offloaded from 
a vessel that has an All Areas Limited Access Herring Permit and/or an 
Areas 2 and 3 Limited Access Herring Permit.
    (3) Presumption. For purposes of this part, the following 
presumption applies: All Atlantic herring retained or possessed on a 
vessel issued any permit under Sec.  648.4 are deemed to have been 
harvested from the EEZ, unless the preponderance of all submitted 
evidence demonstrates that such Atlantic herring were harvested by a 
vessel fishing exclusively in state waters.
    (s) Spiny dogfish--(1) All persons. It is unlawful for any person 
to do any of the following:
    (i) Permit requirement. Purchase or otherwise receive, other than 
solely for transport on land, spiny dogfish from any person on board a 
vessel issued a Federal spiny dogfish permit, unless the purchaser/
receiver is in possession of a valid spiny dogfish dealer permit.
    (ii) Transfer and purchase. Purchase or otherwise receive for a 
commercial purpose spiny dogfish landed by a Federally permitted vessel 
in any state, from Maine to Florida, after the EEZ is closed to the 
harvest of spiny dogfish.
    (2) Vessel and operator permit holders. It is unlawful for any 
person owning or operating a vessel issued a valid Federal spiny 
dogfish permit or issued a valid Federal operator's permit to do any of 
the following:
    (i) Permit requirement. Sell, barter, trade or transfer; or attempt 
to sell, barter, trade or otherwise transfer; other than solely for 
transport on land, spiny dogfish, unless the dealer, transferor, or 
transferee has a valid dealer permit issued under Sec.  648.6(a).
    (ii) Possession and landing. (A) Fish for or possess spiny dogfish 
harvested in or from the EEZ after the EEZ is closed to the harvest of 
spiny dogfish.
    (B) Land spiny dogfish for a commercial purpose after the EEZ is 
closed to the harvest of spiny dogfish.
    (C) Possess more than the daily possession limit of spiny dogfish 
specified in Sec.  648.235.
    (iii) Prohibition on finning. Violate any of the provisions in 
Sec. Sec.  600.1203 and 600.1204 applicable to the dogfish fishery that 
prohibit finning.
    (t) Red crab. It is unlawful for any person to do any of the 
following:
    (1) Permit requirement. Fish for, catch, possess, transport, land, 
sell, trade, or barter; or attempt to fish for, catch, possess, 
transport, land, sell, trade, or barter; any red crab or red crab parts 
in or from the EEZ portion of the Red Crab Management Unit, unless in 
possession of a valid Federal limited access red crab vessel permit or 
Federal red crab incidental catch permit.
    (2) Possession and landing. (i) Fish for, catch, possess, 
transport, land, sell, trade, or barter; or attempt to fish for, catch, 
possess, transport, land, sell, trade, or barter; red crab in excess of 
the limits specified in Sec.  648.263.
    (ii) Restriction on female red crabs. Fish for, catch, possess, 
transport, land, sell, trade, or barter; or attempt to fish for, catch, 
possess, transport, land, sell, trade, or barter; female red crabs in 
excess of one standard U.S. fish tote.
    (3) Transfer and purchase. (i) Transfer at sea, or attempt to 
transfer at sea, either directly or indirectly, any red crab or red 
crab parts taken in or from the EEZ portion of the red crab management 
unit to any vessel.
    (ii) Purchase, possess, or receive; or attempt to purchase, 
possess, or receive; more than 500 lb (226.8 kg) of whole red crab, or 
its equivalent in weight in accordance with the conversion provisions 
in Sec.  648.263(a)(2), caught or possessed in the EEZ portion of the 
red crab management unit by a vessel without a valid Federal limited 
access red crab permit.
    (iii) Purchase, possess, or receive; or attempt to purchase, 
possess, or receive; up to 500 lb (226.8 kg) of whole red crab, or its 
equivalent in weight in accordance with the conversion provisions in 
Sec.  648.263(a)(2), caught in the EEZ portion of the Red Crab 
Management Unit by a vessel that has not been issued a valid limited 
access red crab permit or red crab incidental catch permit under this 
subpart.
    (4) DAS. (i) Possess, transport, land, sell, trade, or barter; or 
attempt to possess, transport, land, sell, trade, or barter; while 
fishing under a red crab DAS, more than 500 lb (226.8 kg) of whole red 
crab, or its equivalent in weight in accordance with the conversion 
provisions in Sec.  648.263(a)(2), per fishing trip, in or from the Red 
Crab Management Unit, unless in possession of a valid Federal limited 
access red crab vessel permit.
    (ii) Fish for, catch, possess, transport, land, sell, trade, or 
barter; or attempt to possess, transport, land, sell, trade, or barter; 
red crab in or from the Red Crab Management Unit if the vessel has 
declared out of the fishery prior to the start of the fishing year.
    (5) Prohibitions on processing and mutilation. (i) Retain, possess, 
or land red crab claws and legs separate from crab bodies in excess of 
one standard U.S. fish tote, if fishing under a red crab DAS with a 
valid Federal limited access red crab permit.
    (ii) Retain, possess, or land any red crab claws and legs separate 
from crab bodies if the vessel has not been issued a valid Federal 
limited access red crab permit or has been issued a valid Federal 
limited access red crab permit, but is not fishing under a red crab 
DAS.
    (iii) Retain, possess, or land more than two claws and eight legs 
per crab if the vessel has been issued a valid Federal red crab 
incidental catch permit, or has been issued a valid Federal limited 
access red crab permit and is not fishing under a red crab DAS.
    (iv) Possess or land red crabs that have been fully processed at 
sea, i.e., engage in any activity that removes meat from any part of a 
red crab, unless a preponderance of available evidence shows that the 
vessel fished exclusively in state waters and was not issued a valid 
Federal permit.
    (6) Gear requirements. Fail to comply with any gear requirements or 
restrictions specified at Sec.  648.264.
    (7) Presumption. For purposes of this part, the following 
presumption applies: All red crab retained or possessed on a vessel 
issued any permit under Sec.  648.4 are deemed to have been harvested 
in or from the Red Crab Management Unit, unless the preponderance of 
all submitted evidence demonstrates that such red crab were harvested 
by a vessel fishing exclusively outside of the Red Crab Management Unit 
or in state waters.
    (u) Golden tilefish. It is unlawful for any person owning or 
operating a vessel to do any of the following:

[[Page 20552]]

    (1) Permit requirements--(i) Operator permit. Operate, or act as an 
operator of, a vessel with a tilefish permit, or a vessel fishing for 
or possessing tilefish in or from the Tilefish Management Unit, unless 
the operator has been issued, and is in possession of, a valid operator 
permit.
    (ii) Dealer permit. Purchase, possess, receive for a commercial 
purpose; or attempt to purchase, possess, or receive for a commercial 
purpose; as a dealer, or in the capacity of a dealer, tilefish that 
were harvested in or from the Tilefish Management Unit, without having 
been issued, and in possession of, a valid tilefish dealer permit.
    (iii) Vessel permit. Sell, barter, trade, or otherwise transfer 
from a vessel; or attempt to sell, barter, trade, or otherwise transfer 
from a vessel; for a commercial purpose, other than solely for 
transport on land, any tilefish, unless the vessel has been issued a 
tilefish permit, or unless the tilefish were harvested by a vessel 
without a tilefish permit that fished exclusively in state waters.
    (2) Possession and landing. (i) Fish for, possess, retain, or land 
tilefish, unless:
    (A) The tilefish are being fished for or were harvested in or from 
the Tilefish Management Unit by a vessel holding a valid tilefish 
permit under this part, and the operator on board such vessel has been 
issued an operator permit that is on board the vessel.
    (B) The tilefish were harvested by a vessel that has not been 
issued a tilefish permit and that was fishing exclusively in state 
waters.
    (C) The tilefish were harvested in or from the Tilefish Management 
Unit by a vessel engaged in recreational fishing.
    (ii) Possess tilefish harvested in or from the Tilefish Management 
Unit in excess of the trip limit, pursuant to Sec.  648.292, unless the 
vessel holds a valid limited access tilefish permit.
    (iii) Land tilefish harvested in or from the Tilefish Management 
Unit for sale after the effective date of a notification in the Federal 
Register, pursuant to Sec.  648.291, that notifies permit holders in a 
limited access category that the quota for that category is no longer 
available for the respective year.
    (iv) Land tilefish in or from the Tilefish Management Unit, in 
excess of the trip limit pursuant to Sec.  648.292, unless the vessel 
holds a valid limited access tilefish permit.
    (3) Transfer and purchase. Purchase, possess, or receive for a 
commercial purpose, other than solely for transport on land; or attempt 
to purchase, possess, or receive for a commercial purpose, other than 
solely for transport on land; tilefish caught by a vessel without a 
tilefish permit, unless the tilefish were harvested by a vessel without 
a tilefish permit that fished exclusively in state waters.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All tilefish retained or possessed on a vessel 
issued any permit under Sec.  648.4 are deemed to have been harvested 
in or from the Tilefish Management Unit, unless the preponderance of 
all submitted evidence demonstrates that such tilefish were harvested 
by a vessel fishing exclusively in state waters.
    (v) Skates--(1) All persons. It is unlawful for any person to fish 
for, possess, transport, sell or land skates in or from the EEZ portion 
of the skate management unit, unless:
    (i) Onboard a vessel that possesses a valid skate vessel permit.
    (ii) Onboard a Federally permitted lobster vessel (i.e., transfer 
at sea recipient) while in possession of whole skates as bait only less 
than the maximum size specified at Sec.  648.322(b)(2) and in 
accordance with Sec.  648.322(c).
    (2) All Federal permit holders. It is unlawful for any owner or 
operator of a vessel holding a valid Federal permit to do any of the 
following:
    (i) Retain, possess, or land barndoor or thorny skates taken in or 
from the EEZ portion of the skate management unit specified at Sec.  
648.2.
    (ii) Retain, possess, or land smooth skates taken in or from the 
GOM RMA described at Sec.  648.80(a)(1)(i).
    (3) Skate permitted vessel requirements. It is unlawful for any 
owner or operator of a vessel holding a valid Federal skate permit to 
do any of the following:
    (i) Winter skates. Fail to comply with the conditions of the skate 
wing possession and landing limits for winter skates specified at Sec.  
648.322, unless holding a letter of authorization to fish for and land 
skates as bait only at Sec.  648.322(b).
    (ii) Possession and transfer. (A) Transfer at sea, or attempt to 
transfer at sea, to any vessel, any skates taken in or from the EEZ 
portion of the Skate Management Unit, unless in compliance with the 
provisions of Sec. Sec.  648.13(b) and 648.322(b).
    (B) Purchase, possess, trade, barter, or receive; or attempt to 
purchase, possess, trade, barter, or receive; skates caught in the EEZ 
portion of the skate management unit by a vessel that has not been 
issued a valid Federal skate permit under this part.
    (C) Fish for, catch, possess, transport, land, sell, trade, or 
barter; or attempt to fish for, catch, possess, transport, land, sell, 
trade, or barter; whole skates and skate wings in excess of the 
possession limits specified at Sec.  648.322.
    (iii) DAS notification and skate wing possession. Fail to comply 
with the provisions of the DAS notification program specified in 
Sec. Sec.  648.53, 648.82, and 648.92; for the Atlantic sea scallop, NE 
multispecies, and monkfish fisheries, respectively; when issued a valid 
skate permit and fishing under the skate wing possession limits at 
Sec.  648.322.
    (iv) SNE Trawl and Gillnet Exemption areas restrictions. Fail to 
comply with the restrictions under the SNE Trawl and Gillnet Exemption 
areas for the NE skate fisheries at Sec. Sec.  648.80(b)(5)(i)(B) and 
648.80(b)(6)(i)(B).
    (4) Presumption. For purposes of this part, the following 
presumption applies: All skates retained or possessed on a vessel are 
deemed to have been harvested in or from the Skate Management Unit, 
unless the preponderance of evidence demonstrates that such skates were 
harvested by a vessel, that has not been issued a Federal skate permit, 
fishing exclusively outside of the EEZ portion of the skate management 
unit or only in state waters.
0
11. In Sec.  648.14, paragraphs (k)(5)(ix); (k)(5)(vii)(B); 
(k)(9)(i)(A); (k)(9)(ii)(G); (k)(11)(i)(A)(3); (k)(11)(ii); 
(k)(11)(iii)(A), (B), (E), and (F); (k)(11)(iv)(B); (k)(11)(v)(B)(1) 
and (2); (k)(12)(i)(B); (k)(12)(iv); (k)(12)(v)(A) through (F), 
(k)(12)(v)(G)(2) and (3), and (k)(12)(v) (H) through (J); 
(k)(12)(vi)(A) through (D), (k)(12)(vi)(E)(1) and (2), and 
(k)(12)(vi)(F) through (I); (k)(12)(vii)(A)(5)(ii) 
and(k)(12)(vii)(B)(3); (k)(13)(ii)(B), (k)(13)(ii)(D)(1) and (2), 
(k)(13)(ii)(D)(3)(i) and (ii), and (k)(13)(ii)(H); (k)(16)(iii)(A) and 
(C); are suspended from May 1, 2009, through October 28, 2009.
0
12. In Sec.  648.14, from May 1, 2009, through October 28, 2009, 
paragraphs (k)(5)(vii)(C); (k)(6)(ii)(C); (k)(9)(i)(C) and (D); 
(k)(11)(i)(A)(5); (k)(11)(iii)(G) through (L); (k)(11)(iv)(C); 
(k)(11)(vii); (k)(12)(i)(C); (k)(12)(v)(G)(4), (5), (6); 
(k)(12)(v)(H)(3) and (4); and (k)(12)(v)(K) through (S); 
(k)(12)(vi)(E)(3), (4); and (k)(12)(vi)(J) through (S); 
(k)(12)(vii)(A)(8); and (k)(12)(vii)(B)(4) and (5); (k)(12)(viii); 
(k)(13)(ii)(D)(5) through (8); (k)(13)(ii)(I) through (K); 
(k)(16)(iii)(D) and (E); (k)(16)(v) are added to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (k) * * *
    (5) * * *
    (vii) * * *

[[Page 20553]]

    (C) 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.
* * * * *
    (6) * * *
    (ii) * * *
    (C) Hook Gear. Fail to comply with the restrictions on fishing and 
gear specified in Sec.  648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and 
(c)(2)(iv) if the vessel has been issued a limited access NE 
multispecies permit and fishes with hook-gear in areas specified in 
Sec.  648.80(a), (b), or (c), unless allowed under Sec.  
648.85(b)(11)(iv)(F).
* * * * *
    (9) * * *
    (i) * * *
    (C) If fishing under a NE multispecies Category A DAS in one or 
both of the differential DAS areas defined under Sec.  648.82(e)(4)(i), 
fail to declare into one or both of the areas through VMS, as required 
under Sec.  648.82(e)(4)(ii).
    (D) If fishing under a NE multispecies Category A DAS in one or 
both of the differential DAS areas 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.
* * * * *
    (11) * * *
    (i) * * *
    (A) * * *
    (5) 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).
* * * * *
    (iii) * * *
    (G) 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).
    (H) 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 with Sec.  648.85(a)(3)(viii).
    (I) 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).
    (J) 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).
    (K) 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).
    (L) 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).
    (iv) * * *
    (C) 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.
* * * * *
    (vii) 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).
    (12) * * *
    (i) * * *
    (C) 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 in Sec.  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.
* * * * *
    (v) * * *
    (G) * * *
    (4) 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).
    (5) 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).
    (6) 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).
    (H) * * *
    (3) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the VMS requirement specified in 
Sec.  648.85(b)(10)(iv)(A).
    (4) If fishing in the Regular B DAS Program specified in Sec.  
648.85(b)(10), fail to comply with the VMS declaration requirement 
specified in Sec.  648.85(b)(10)(iv)(C).
* * * * *
    (K) 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).
    (L) 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).
    (M) 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).
    (N) 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.
    (O) 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).
    (P) 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).
    (Q) 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).
    (R) 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).
    (S) 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).
    (vi) * * *
    (E) * * *
    (3) If fishing in the CA I Hook Gear Haddock SAP specified in

[[Page 20554]]

Sec.  648.85(b)(11), fail to comply with the VMS requirements specified 
in Sec.  648.85(b)(11)(iv)(B).
    (4) If fishing in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(b)(11), fail to comply with the VMS declaration requirement 
specified in Sec.  648.85(b)(11)(iv)(D).
* * * * *
    (J) If fishing in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(b)(11), fail to comply with the requirements and conditions 
specified in Sec.  648.85(b)(11)(iv), and (b)(11)(v) or (b)(11)(vi), 
whichever is applicable.
    (K) If fishing in the CA I Hook Gear Haddock Access Area specified 
in Sec.  648.85(b)(11)(ii), fail to comply with the requirements and 
conditions specified in Sec.  648.85(b)(11)(iv), and (b)(11)(v) or 
(b)(11)(vi), whichever is applicable.
    (L) Fish in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(b)(11), outside of the season specified in Sec.  
648.85(b)(11)(iii).
    (M) Fish in the CA I Hook Gear Haddock Access Area specified in 
Sec.  648.85(b)(11)(ii), if that area is closed as specified in Sec.  
648.85(b)(11)(iv)(I) or (b)(11)(vi)(F).
    (N) If fishing in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(b)(11), fail to comply with the DAS use restrictions specified 
in Sec.  648.85(b)(11)(iv)(A), and (b)(11)(v)(A) or (b)(11)(vi)(A), 
whichever is applicable.
    (O) If fishing in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(b)(11), fail to comply with the observer notification 
requirements specified in Sec.  648.85(b)(11)(iv)(C).
    (P) If fishing in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(b)(11), fail to comply with the gear restrictions specified in 
Sec.  648.85(b)(11)(iv)(E), and (b)(11)(v)(B) or (b)(11)(vi)(B), 
whichever is applicable.
    (Q) If fishing in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(b)(11), fail to comply with the landing limits specified in 
Sec.  648.85(b)(11)(iv)(H), and (b)(11)(v)(C) or (b)(11)(vi)(C), 
whichever is applicable.
    (R) If fishing in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(b)(11), fail to comply with the reporting requirement specified 
in Sec.  648.85(b)(11)(v)(D) or (b)(11)(vi)(D), whichever is 
applicable.
    (S) If fishing in the CA I Hook Gear Haddock SAP specified in Sec.  
648.85(b)(11), fish with squid as bait, as prohibited at Sec.  
648.85(b)(11)(iv)(J).
    (vii) * * *
    (A) * * *
    (8) 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).
    (B) * * *
    (4) 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).
    (5) Fish in the Eastern U.S./Canada Haddock SAP specified in Sec.  
648.85(b)(8), if the SAP is closed as specified in Sec.  
648.85(b)(8)(v)(L) or (N).
    (viii) Discard legal-sized NE regulated multispecies, ocean pout, 
or Atlantic halibut while fishing under a Special Access Program, as 
described in Sec. Sec.  648.85(b)(3)(xi), 48.85(b)(11)(iv)(H) or 
648.85(b)(8)(v)(I).
    (13) * * *
    (ii) * * *
    (D) * * *
    (5) 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).
    (6) 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).
    (7) Cod Running Clock. (i) 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).
    (ii) 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).
    (iii) 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).
    (iv) 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).
    (8) 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).
* * * * *
    (I) Possess or land per trip more than the possession or landing 
limits specified under Sec. Sec.  648.86(a), (c), (e), (g), (h), (j), 
(l), (m), and (n) and 648.82(b)(5) and (6) with NMS permit, if the 
vessel has been issued a limited access NE multispecies permit or open 
access NE multispecies permit, as applicable.
    (J) Possess or land more witch flounder than allowed under Sec.  
648.86(m).
    (K) Retain or land zero retention stocks as specified under Sec.  
648.86(n).
* * * * *
    (16) * * *
    (iii) * * *
    (D) 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.
    (E) 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).
* * * * *
    (v) If fishing as a private recreational and charter/party vessel 
in the SNE/MA winter flounder stock area defined in Sec.  
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.
0
13. In Sec.  648.51, paragraph (b)(4)(v) is added to read as follows:


Sec.  648.51  Gear and crew restrictions.

* * * * *
    (b) * * *
    (4) * * *
    (v) Measurement of twine top mesh size. Twine top mesh size is 
measured by using a wedge-shaped gauge having a taper of 2 cm (0.79 
inches) in 8 cm (3.15 inches) and a thickness of 2.3 mm (0.09 inches), 
inserted into the meshes

[[Page 20555]]

under a pressure or pull of 8 kg (17.64 lb). The mesh size is the 
average of the measurements of any series of 20 consecutive meshes for 
twine tops having 75 or more meshes, and 10 consecutive meshes for 
twine tops having fewer than 75 meshes. The mesh in the twine top must 
be measured at least five meshes away from where the twine top mesh 
meets the rings, running parallel to the long axis of the twine top.
* * * * *

0
14. In Sec.  648.52, paragraph (c) is revised to read as follows:


Sec.  648.52  Possession and landing limits.

* * * * *
    (c) A vessel issued an Incidental scallop permit, or an IFQ or NGOM 
scallop permit that is not declared into the IFQ or NGOM scallop 
fishery as required under Sec.  648.10(f), unless exempted under the 
state waters exemption program described under Sec.  648.54, may not 
possess or land, per trip, more than 40 lb (18.1 kg) of shucked, or 5 
bu (1.76 hL) of in-shell scallops. Such a vessel may land scallops only 
once in any calendar day. Such a vessel may possess up to 10 bu (3.52 
hL) of in-shell scallops seaward of the VMS Demarcation Line.
* * * * *

0
15. In Sec.  648.53, paragraph (b)(4) introductory text, including the 
table, is revised to read as follows:


Sec.  648.53  Total allowable catch, DAS allocations, and Individual 
Fishing Quotas.

* * * * *
    (b) * * *
    (4) Each vessel qualifying for one of the three DAS categories 
specified in the table in this paragraph (b)(4) (Full-time, Part-time, 
or Occasional) shall be allocated the maximum number of DAS for each 
fishing year it may participate in the open area limited access scallop 
fishery, according to its category. A vessel whose owner/operator has 
declared out of the scallop fishery, pursuant to the provisions of 
Sec.  648.10, or that has used up its maximum allocated DAS, may leave 
port without being assessed a DAS, as long as it has made an 
appropriate VMS declaration, as specified in Sec.  648.10(f), does not 
fish for or land per trip, or possess at any time, more than 400 lb 
(181.4 kg) of shucked or 50 bu (17.6 hL) of in-shell scallops, and 
complies with all other requirements of this part. The annual open area 
DAS allocations for each category of vessel for the fishing years 
indicated, after deducting DAS for observer and research DAS set-
asides, are as follows:

------------------------------------------------------------------------
                    DAS category                        2008    2009 \1\
------------------------------------------------------------------------
Full-time...........................................        35        42
Part-time...........................................        14        17
Occasional..........................................         3         3
------------------------------------------------------------------------
\1\ If the IFQ program implementation is delayed beyond March 1, 2009,
  the 2009 DAS allocations will be: Full-time--37, part-time--15,
  occasional--3.

* * * * *

0
16. In Sec.  648.54, paragraphs (a)(1), (a)(2), and (d) are revised to 
read as follows:


Sec.  648.54  State waters exemption.

    (a) * * *
    (1) DAS requirements. Any vessel issued a limited access scallop 
permit is exempt from the DAS requirements specified in Sec.  648.53(b) 
while fishing exclusively landward of the outer boundary of a state's 
waters, provided the vessel complies with paragraphs (d) through (g) of 
this section, and the notification requirements of Sec.  648.10(f)(5).
    (2) Gear and possession limit restrictions. Any vessel issued a 
limited access scallop permit that is exempt from the DAS requirements 
of Sec.  648.53(b) under this paragraph (a), and that has complied with 
the notification requirements of Sec.  648.10(f)(5), is also exempt 
from the gear restrictions specified in Sec.  648.51(a), (b), (e)(1), 
and (e)(2), and the possession restrictions specified in Sec.  
648.52(a), while fishing exclusively landward of the outer boundary of 
the waters of a state that has been issued a state waters exemption, 
provided the vessel complies with paragraphs (d) through (g) of this 
section.
* * * * *
    (d) Notification requirements. Vessels fishing under the exemptions 
provided by paragraph(s) (a)(1) and/or (a)(2) of this section must 
notify the Regional Administrator in accordance with the provisions of 
Sec.  648.10(f)(5).
* * * * *

0
17. In Sec.  648.60, paragraph (a)(2) is revised to read as follows:


Sec.  648.60  Sea scallop area access program requirements.

    (a) * * *
    (2) Vessels participating in the Sea Scallop Access Area Program 
must comply with the trip declaration requirements specified in Sec.  
648.10(f) and vessel notification requirements specified in Sec.  
648.11(g) for observer deployment.
* * * * *

0
18. In Sec.  648.82:
0
A. The suspension of paragraphs (e)(2)(iii)(B), (e)(3), (j)(1)(ii)(B), 
and (j)(2) is lifted.
0
B. Paragraphs (e)(2)(iii)(B), (e)(3), (j)(1)(ii)(B), and (j)(2) are 
revised.
0
C. Paragraphs (e)(2)(iii)(B) and (e)(3) are suspended from May 1, 2009, 
through October 28, 2009.
    The revisions read as follows:


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

* * * * *
    (e) * * *
    (2) * * *
    (iii) * * *
    (B) Differential DAS counting when fishing in the SNE Differential 
DAS Area. For NE multispecies DAS vessels that intend to fish, or do 
fish, some or all of their trip under a Category A DAS in the SNE 
Differential DAS Area, other than for transiting purposes, each 
Category A DAS, or part thereof, shall be counted at the ratio of 2 to 
1 for the duration of the time spent in the SNE Differential DAS Area, 
as determined from VMS positional data. A vessel that has not declared 
its intent to fish in the SNE Differential DAS Area, and that is not 
transiting, as specified in paragraph (e)(2)(v) of this section, may be 
in the SNE Differential DAS Area, provided the vessel's fishing gear is 
stowed in accordance with the provisions of Sec.  648.23(b) for the 
entire time the vessel is in the area and the vessel declares 
immediately upon entering the SNE Differential DAS Area, via VMS, that 
it is in the area. A vessel that fishes in both the GOM Differential 
Area and the SNE Differential DAS Area on the same trip will be charged 
DAS at the rate of 2:1 for the entire trip. If the Regional 
Administrator requires the use of the DAS call-in, as described under 
Sec.  648.10(e)(2)(iv), a vessel that fishes any portion of its trip in 
the SNE Differential DAS Area will be charged DAS at the rate of 2 to 1 
for the entire trip.
* * * * *
    (3) Regular B DAS Program 24-hr clock. For a vessel electing to 
fish in the Regular B DAS Program, as specified at Sec.  648.85(b)(6), 
that remains fishing under a Regular B DAS for the entire fishing trip 
(without a DAS flip), DAS 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 1 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

[[Page 20556]]

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 land legally. For a vessel electing to fish in the Regular B DAS 
Program, as specified at Sec.  648.85(b)(6), while also fishing in one 
of the Differential DAS Areas, defined in paragraph (e)(2)(i) of this 
section, Category B DAS shall accrue at the rate described in this 
paragraph (e)(3), unless the vessel flips to a Category A DAS, in which 
case the vessel is subject to the pertinent DAS accrual restrictions of 
paragraph (e)(2)(iii) of this section for the entire trip. For vessels 
electing to fish in both the Regular B DAS Program, as specified in 
Sec.  648.85(b)(8), and in the Eastern U.S./Canada Area, as specified 
in Sec.  648.85(a), DAS counting will begin and end according to the 
DAS rules specified in Sec.  648.10(e)(2)(iii) or (e)(2)(iv).
* * * * *
    (j) * * *
    (1) * * *
    (ii) * * *
    (B) Vessels shall declare their required time periods through the 
notification procedures specified in Sec.  648.10(k)(2).
* * * * *
    (2) Trip gillnet vessels. When fishing under a NE multispecies DAS, 
a Trip gillnet vessel is required to remove all gillnet gear from the 
water before calling out of a NE multispecies DAS under Sec.  
648.10(h)(5). When not fishing under a NE multispecies DAS, Trip 
gillnet vessels may fish in an exempted fishery with gillnet gear, as 
authorized by Sec.  648.80. Vessels electing to fish under the Trip 
gillnet designation must have on board written confirmation issued by 
the Regional Administrator that the vessel is a Trip gillnet vessel.

* * * * *

0
19. In Sec.  648.85:
0
A. The suspension of paragraphs (a)(3)(ii)(A)(1), (b)(6)(i), 
(b)(6)(iv)(A) and (B), (b)(6)(v), and (b)(7)(iv)(A) is lifted.
0
B. Paragraphs (a)(3)(ii)(A)(1), (b)(6)(i), (b)(6)(iv)(A) and (B), 
(b)(6)(v), and (b)(7)(iv)(A) are revised.
0
C. Paragraphs (a)(3)(ii)(A)(1), (b)(6)(i), (b)(6)(iv)(A) and (B), 
(b)(6)(v), and (b)(7)(iv)(A) are suspended from May 1, 2009 through 
October 28, 2009.
    The revisions read as follows:


Sec.  648.85  Special management programs.

    (a) * * *
    (3) * * *
    (ii) * * *
    (A) * * *
    (1) The vessel operator must notify NMFS via VMS 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 electing to fish outside of the Eastern 
U.S./Canada Area has left 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 
VMS Demarcation Line on its return to port, in accordance with Sec.  
648.10(e)(2)(iii) and (e)(2)(iv).
* * * * *
    (b) * * *
    (6) 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)(6), and provided 
the use of Regular B DAS is not restricted according to paragraphs 
(b)(6)(iv)(G) or (H), or paragraph (b)(6)(vi) of this section. Vessels 
are required to comply with the no discarding and DAS flip requirements 
specified in paragraph (b)(6)(iv)(E) of this section, and the DAS 
balance and accrual requirements specified in paragraph (b)(6)(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.
* * * * *
    (iv) Program Requirements--(A) VMS requirement. A NE multispecies 
DAS vessel fishing in the Regular B DAS Program described in paragraph 
(b)(6)(i) of this section must have installed on board an operational 
VMS unit that meets the minimum performance criteria specified in 
Sec. Sec.  648.9 and 648.10.
    (B) 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 declared into the Regular B DAS 
Program as required by paragraph (b)(6)(iv)(C) of this section, and in 
accordance with the Regional Administrator's instructions. Providing 
notice of the area that the vessel intends to fish does not restrict 
the vessel's activity on that trip to that area only (i.e., the vessel 
operator may change his/her plans regarding planned fishing areas).
* * * * *
    (v) Definition of incidental TAC stock areas. Under the Regular B 
DAS Program, the species stock areas associated with the incidental 
TACs are defined below. Copies of a chart depicting these areas are 
available upon request from the Regional Administrator.
* * * * *
    (7) * * *
    (iv) * * *
    (A) DAS use restrictions. Vessels fishing in the Closed Area I Hook 
Gear Haddock SAP may not initiate a DAS flip. Vessels are prohibited 
from fishing in the Closed Area I Hook Gear Haddock SAP while making a 
trip under the Regular B DAS Program described in paragraph (b)(6) of 
this section. DAS will be charged as described in Sec.  648.10.
* * * * *

0
20. In Sec.  648.86:
0
A. The suspension of paragraph (b)(1)(ii)(B) is lifted.
0
B. Paragraphs (b)(1)(ii)(B) and (i) are revised.
0
C. Paragraph (b)(1)(ii)(B) is suspended from May 1, 2009 through 
October 28, 2009.
    The revisions read as follows:


Sec.  648.86   NE multispecies possession restrictions.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (B) Vessels that have been authorized by the Regional 
Administrator, in lieu of VMS, to utilize the DAS call-in system, as 
specified in Sec.  648.10(h), may not call out of the DAS program under 
Sec.  648.10(h)(5) and may not depart from a dock or mooring in port, 
unless transiting as allowed in paragraph (b)(3) of this section, until 
the rest of the additional 24-hr block of DAS has elapsed, regardless 
of whether all of the cod on board is offloaded (e.g., a vessel that 
has been called into the DAS program for 25 hr at the time of landing 
may land only up to 1,600 lb (725.6 kg) of cod, provided the vessel 
does not call out of the DAS program or leave port until 48 hr have 
elapsed from the beginning of the trip.)
* * * * *
    (i) Offloading requirement for vessels possessing species regulated 
by a daily possession limit. A vessel that has

[[Page 20557]]

ended a trip as specified in Sec.  648.10(e)(2)(iii) or (h)(5) that 
possesses on board species regulated by a daily possession limit (i.e., 
pounds per DAS), as specified at Sec.  648.85 or Sec.  648.86, must 
offload species in excess of the daily landing limit prior to leaving 
port on a subsequent trip. A vessel may retain on board up to one day's 
worth of such species prior to the start of a subsequent trip. Other 
species regulated by an overall trip limit may be retained on board for 
a subsequent trip. For example, a vessel that possesses cod and winter 
flounder harvested from Georges Bank is subject to a daily possession 
limit for cod of 1,000 lb (453 kg)/DAS and an overall trip limit of 
5,000 lb (2,267 kg)/trip for winter flounder. In this example, the 
vessel would be required to offload any cod harvested in excess of 
1,000 lb (453 kg) (i.e., the vessel may retain up to 1,000 lb (453 kg) 
of Georges Bank cod, but must offload any additional cod), but may 
retain on board winter flounder up to the maximum trip limit prior to 
leaving port and crossing the VMS Demarcation Line to begin a 
subsequent trip.

* * * * *

0
21. In Sec.  648.95, paragraph (e)(4) is revised to read as follows:


Sec.  648.95   Offshore fishery program in the SFMA.

* * * * *
    (e) * * *
    (4) A vessel issued a Category F permit must have installed on 
board an operational VMS unit that meets the minimum performance 
criteria specified in Sec. Sec.  648.9 and 648.10 during the entire 
season established under paragraph (d) of this section. Unless 
otherwise required to maintain an operational VMS unit under the VMS 
notification requirements specified at Sec.  648.10(b), a vessel issued 
a Category F permit may turn off its VMS unit outside of that season.

* * * * *

0
22. In Sec.  648.263, paragraph (b)(3) is revised to read as follows:


Sec.  648.263   Red crab possession and landing restrictions.

* * * * *
    (b) * * *
    (3) Mutilation restrictions. (i) A vessel may not retain, possess, 
or land red crab claws and legs separate from crab bodies.
    (ii) A vessel may not retain, possess, or land more than two claws 
and eight legs per crab.

[FR Doc. E9-10156 Filed 5-1-09; 8:45 am]
BILLING CODE 3510-22-P