[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Proposed Rules]
[Pages 69382-69466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29854]



[[Page 69381]]

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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; Northeast (NE) 
Multispecies Fishery; Amendment 16; Proposed Rule

  Federal Register / Vol. 74, No. 250 / Thursday, December 31, 2009 / 
Proposed Rules  

[[Page 69382]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0808071078-81093-01]
RIN 0648-AW72


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Amendment 16

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement measures in Amendment 
16 to the NE Multispecies Fishery Management Plan (FMP). Amendment 16 
was developed by the New England Fishery Management Council (Council) 
as part of the biennial adjustment process in the FMP to update status 
determination criteria for all regulated NE multispecies or ocean pout 
stocks; to adopt rebuilding programs for NE multispecies stocks newly 
classified as being overfished and subject to overfishing; and to 
revise management measures, including significant revisions to the 
Sector management measures, necessary to end overfishing, rebuild 
overfished regulated NE multispecies and ocean pout stocks, and 
mitigate the adverse economic impacts of increased effort controls. 
Amendment 16 would also implement new requirements for establishing 
acceptable biological catch (ABC), annual catch limits (ACLs), and 
accountability measures (AMs) for each stock managed under the FMP, 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). Finally, this action would add Atlantic 
wolffish to the list of species managed by the FMP. This action is 
necessary to address the results of the most recent stock assessment 
that indicates that several additional NE multispecies regulated 
species are overfished and subject to overfishing, and that stocks 
currently classified as overfished require additional reductions in 
fishing mortality to rebuild by the end of their rebuilding periods.

DATES: Comments must be received by January 20, 2010. ADDRESSES: You 
may submit comments, identified by 0648-AW72, by any of the following 
methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: (978) 281-9135.
     Mail: Paper, disk, or CD-ROM comments should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the 
outside of the envelope, ``Comments on the Proposed Rule for NE 
Multispecies Amendment 16.''
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to http://regulations.gov without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Copies of Amendment 16, its Regulatory Impact Review (RIR), and a 
draft of the Final Environmental Impact Statement (FEIS) are available 
from Paul J. Howard, Executive Director, New England Fishery Management 
Council, 50 Water Street, Mill 2, Newburyport, MA 01950. NMFS prepared 
an Initial Regulatory Flexibility Act (IRFA) analysis, which is 
summarized in the Classification section of this proposed rule. The 
EIS/RIR/IRFA is also accessible via the Internet at http://www.nefmc.org/nemulti/index.html.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule should be submitted to the Regional Administrator at the address 
above and to David Rostker, Office of Management and Budget (OMB), by 
e-mail at [email protected], or fax to (202) 395-7285.

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

SUPPLEMENTARY INFORMATION: 

Background

    The FMP specifies management measures for 15 species of NE 
multispecies in Federal waters off the New England and Mid-Atlantic 
coasts, including both large-mesh and small-mesh species. Small-mesh 
species include silver hake (whiting), red hake, offshore hake, and 
ocean pout, while large-mesh species include Atlantic cod, haddock, 
yellowtail flounder, pollock, American plaice, witch flounder, white 
hake, windowpane flounder, Atlantic halibut, winter flounder, and 
redfish. Large-mesh species are further divided into 19 individual 
stocks, that, along with ocean pout are collectively referred to as 
groundfish. A major overhaul of the FMP occurred in 2004 with 
implementation of Amendment 13 and the establishment of rebuilding 
programs for all large-mesh stocks managed by the FMP, including 
specification of status determination criteria for each stock.
    Amendment 13, which became effective May 1, 2004 (April 27, 2004; 
69 FR 22906), established two different strategies for rebuilding (an 
adaptive strategy and a phased rebuilding strategy), and a rebuilding 
plan for each overfished stock was developed in accordance with one of 
the two strategies. Under the adaptive rebuilding strategy, the fishing 
mortality rate (F) was held at a level intended to produce maximum 
sustainable yield (FMSY) from 2004 through 2008, and then 
subsequently reduced to the level required to rebuild by the selected 
end-date of the relevant rebuilding period for that stock. In contrast, 
under the phased rebuilding strategy, F was allowed to remain above 
FMSY at the start of the rebuilding period in 2004, and then 
was to be reduced sequentially in 2006 and 2009. Eight stocks (Gulf of 
Maine (GOM) cod, Georges Bank (GB) haddock, GOM haddock, Southern New 
England (SNE)/Mid-Atlantic (MA) winter flounder, GB yellowtail 
flounder, redfish, windowpane flounder (southern stock), and ocean 
pout) are managed under the adaptive rebuilding strategy, while five 
stocks (GB cod, Cape Cod (CC)/GOM yellowtail flounder, SNE/MA 
yellowtail flounder, American plaice, and white hake) are managed under 
the phased rebuilding strategy.
    Amendment 13 also established a biennial adjustment process whereby 
the Council would review the FMP and make any changes to management 
measures necessary to achieve the goals and objectives of the FMP. This 
adjustment process provides for an update of the scientific information 
regarding the status of the stocks, and an evaluation of the 
effectiveness of the regulations. The biennial review scheduled to 
occur in 2008, with necessary changes to the FMP to be

[[Page 69383]]

implemented in 2009, included a peer-reviewed benchmark assessment and 
a review of the biological reference points (stock status determination 
criteria) for each stock. This planned assessment of the biological 
reference points (Groundfish Assessment Review Meeting, (GARM III)) was 
also part of the adaptive rebuilding strategy described above, which 
sought to evaluate the more fundamental scientific information mid-way 
through the rebuilding period for most stocks. GARM III, completed in 
August 2008, included a series of meetings over the course of 1 year. 
GARM III evaluated the underlying data and models utilized for 
assessment of the NE multispecies regulated species and ocean pout 
stocks, evaluated the biological reference points, established new 
reference points, assessed the biomass and fishing mortality status of 
the NE multispecies regulated species and ocean pout stocks in 2007, 
and provided examples of the Fs that would be expected to rebuild 
overfished stocks.
    GARM III concluded that 11 stocks were still subject to overfishing 
(i.e., F was above FMSY), and that 11 stocks were overfished 
(i.e., biomass levels were less than one half of the biomass at MSY 
(BMSY)), with 9 stocks classified as both overfished and 
subject to overfishing. A final determination on the status of pollock 
could not be made until the fall 2008 survey data were available, as 
the status of this species is based on the 3-yr centered average of the 
fall biomass indices. Such data were available in January 2009, and 
indicated that pollock is overfished. GARM III also indicated that some 
stocks improved in status from the previous assessment (GARM II), with 
GOM haddock and GB haddock classified as rebuilt in 2000 and 2006, 
respectively, and GOM cod expected to be rebuilt by 2009.
    The Council began development of Amendment 16 in 2006 with the 
intent of implementing any necessary revisions to management measures 
based upon the results of GARM III by the start of fishing year (FY) 
2009 on May 1, 2009. On November 6, 2006, a notice of intent to prepare 
a supplemental EIS and hold scoping meetings designed to solicit public 
input on any revisions to management measures necessary to continue 
rebuilding overfished NE multispecies regulated species and ocean pout 
stocks was published in the Federal Register (November 6, 2006; 71 FR 
64941). The Council continued to develop Amendment 16 for 
implementation in FY 2009 until a presentation by the NMFS Northeast 
Fisheries Science Center (NEFSC) regarding preliminary estimates of 
2006 stock size and F at the June 2008 Council meeting indicated that 
draft effort control measures under development for Amendment 16 were 
not targeting the correct stocks. Based on this information, the 
Council decided to wait until the receipt of the final GARM III 
assessment results in September 2008 to continue development of 
Amendment 16. The Council subsequently developed a revised schedule for 
development for Amendment 16, which postponed implementation of 
Amendment 16 until the start of FY 2010 on May 1, 2010. In addition, 
the Council voted on September 4, 2008, to request that NMFS implement 
an interim action for the duration of FY 2009 (May 1, 2009-April 30, 
2010), and recommended a specific suite of management measures for the 
interim action. A proposed rule to implement interim management 
measures published on January 16, 2009 (74 FR 2959), with final interim 
measures published on April 13, 2009 (74 FR 17030) and effective on May 
1, 2009.
    Based upon the final results of GARM III, the Council adopted draft 
management measures and an associated draft EIS (DEIS) at its February 
2009 meeting. A notice of availability for the DEIS, which analyzed the 
impacts of all of the measures under consideration in Amendment 16, was 
published on April 24, 2009 (74 FR 18705), with public comments 
accepted through June 8, 2009. Final measures for Amendment 16 were 
adopted by the Council at its June 2009 meeting, with revisions to the 
discard provisions adopted at its September 2009 meeting. A notice of 
availability for Amendment 16, including the FEIS, as submitted by the 
Council for review by the Secretary of Commerce (Secretary), was 
published in the Federal Register on October 23, 2009 (74 FR 54773). 
The comment period on the Amendment 16 and its associated FEIS ends on 
December 22, 2009. In addition to the implementing measures proposed in 
this rule, Amendment 16 contains changes to status determination 
criteria and other aspects of the management program, such as an ABC 
control rule and potential sector contributions, that are not reflected 
in regulations, but that are summarized below.

Proposed Measures

    Amendment 16 proposes a large number of changes to the management 
regime for the NE multispecies fishery, including revisions/additions 
to existing regulations. This proposed rule also includes revisions to 
regulations that are not specifically identified in Amendment 16, but 
that are necessary to effectively implement the provisions in Amendment 
16, or to correct errors in, or clarify, existing provisions. A 
description of the proposed management measures follows.

1. Incorporation of Atlantic Wolffish Into the FMP

    Section 304(e) of the Magnuson-Stevens Act requires either the 
Council or the Secretary to develop a fishery management plan or 
proposed regulations to end overfishing and rebuild a stock within 2 
years of notice that the fishery is overfished. Atlantic wolffish was 
recently determined to be overfished by the Data Poor Working Group, 
with notice provided to the Council in February 2009. Because this 
species is occasionally caught by both the commercial and recreational 
NE multispecies fisheries, Amendment 16 proposes to incorporate 
Atlantic wolffish into the FMP. Accordingly, the term ``regulated 
species'' would be revised to include large-mesh species, ocean pout, 
and Atlantic wolffish. Status determination criteria, a rebuilding 
plan, and management measures to rebuild this stock are also proposed 
in Amendment 16.

2. Status Determination Criteria

    Amendment 16 proposes to update the status determination criteria 
for existing NE multispecies regulated species and ocean pout stocks 
based upon the best available scientific information regarding stock 
status resulting from GARM III. In addition, because Amendment 16 would 
add Atlantic wolffish to the FMP, biological reference points would be 
established for this species. Based upon the results of GARM III, 
biological reference points have been revised from those adopted in 
Amendment 13. Stock status determinations were updated relative to the 
revised reference points. In summary, the F at 40 percent of maximum 
spawning potential (F40% MSP) was used as a proxy for FMSY 
for most of the age-based stocks. Spawning stock biomasses at maximum 
sustainable yield (SSBMSY) were calculated using F40% MSP, 
with an assumption on the recruitment that should occur at 
SSBMSY. Changes to the status determination criteria are 
more fully discussed in Section 4.2 of Amendment 16, and in Section 1 
of the GARM III report. Table 1 lists the proposed revised status 
determination criteria, and numerical estimates of these parameters are 
listed in Table 2.

[[Page 69384]]



                                       Table 1--Description of the Proposed Revised Status Determination Criteria
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                                                                  Biomass target          Minimum biomass
              Species                         Stock                  (Btarget)               threshold            Maximum fishing mortality threshold
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Cod................................  GB.....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Cod................................  GOM....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Haddock............................  GB.....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Haddock............................  GOM....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Yellowtail flounder................  GB.....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Yellowtail flounder................  SNE/MA.................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Yellowtail flounder................  CC/GOM.................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
American plaice....................  .......................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Witch flounder.....................  .......................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Winter flounder....................  GB.....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Winter flounder....................  GOM....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Winter flounder....................  SNE....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Redfish............................  .......................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F50% MSP.
White hake.........................  .......................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget.........  F40% MSP.
Pollock............................  .......................  External..............  \1/2\ Btarget.........  Relative F at replacement.
Windowpane flounder................  Northern...............  External..............  \1/2\ Btarget.........  Relative F at replacement.
Windowpane flounder................  Southern...............  External..............  \1/2\ Btarget.........  Relative F at replacement.
Ocean pout.........................  .......................  External..............  \1/2\ Btarget.........  Relative F at replacement.
Atlantic halibut...................  .......................  Internal..............  \1/2\ Btarget.........  F0.1.
Atlantic wolffish..................  .......................  SSBMSY: SSB/R(40% MSP)  \1/2\ Btarget.........  F40% MSP.
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                                   Table 2--Numerical Estimates for the Proposed Updated Status Determination Criteria
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                                                      Biomass target (Btarget) in   Minimum biomass threshold    Maximum fishing mortality
            Species                     Stock                      mt                 (\1/2\ Btarget) in mt      threshold (FMSY or proxy)    MSY in mt
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Cod............................  GB.................  148,084....................  74,042.....................  0.25.......................       31,159
Cod............................  GOM................  58,248.....................  29,124.....................  0.24.......................       10,014
Haddock........................  GB.................  153,329....................  76,664.....................  0.35.......................       33,604
Haddock........................  GOM................  5,900......................  2,950......................  0.43.......................        1,360
Yellowtail flounder............  GB.................  43,200.....................  21,600.....................  0.25.......................        9,400
Yellowtail flounder............  SNE/MA.............  27,400.....................  13,700.....................  0.25.......................        6,100
Yellowtail flounder............  CC/GOM.............  7,790......................  3,895......................  0.24.......................        1,720
American plaice................  ...................  21,940.....................  10,970.....................  0.19.......................        4,011
Witch flounder.................  ...................  11,447.....................  5,724......................  0.20.......................        2,352
Winter flounder................  GB.................  16,000.....................  8,000......................  0.26.......................        3,500
Winter flounder................  GOM................  3,792......................  1,896......................  0.28.......................          917
Winter flounder................  SNE................  38,761.....................  19,380.....................  0.25.......................        9,742
Redfish........................  ...................  271,000....................  135,500....................  0.04.......................       10,139
White hake.....................  ...................  56,254.....................  28,127.....................  0.13.......................        5,800
Pollock *......................  ...................  2.00 kg/tow................  1.00 kg/tow................  5.65 c/i...................       11,320
Windowpane flounder *..........  Northern...........  1.4 kg/tow.................  0.7 kg/tow.................  0.50 c/i...................          700
Windowpane flounder *..........  Southern...........  0.34 kg/tow................  0.17 kg/tow................  1.47 c/i...................          500
Ocean pout *...................  ...................  4.94 kg/tow................  2.47 kg/tow................  0.76 c/i...................        3,754
Atlantic halibut...............  ...................  49,000.....................  24,500.....................  0.07.......................        3,500
Atlantic wolffish..............  ...................  1747-2202..................  400-500....................  <0.35......................      278-311
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*Estimates of FMSY or proxy for these stocks use an index-based method to evaluate stock status and are based on a moving average, calculated as
  described in GARM III. Values presented in this table for these stocks represent catch (landings plus discards in 1,000's mt) per survey index of
  relative biomass (kg/tow) for that stock.

3. Rebuilding Programs

    According to GARM III, two NE multispecies stocks have achieved 
their target biomass levels and are no longer considered overfished; 
the GB haddock stock was rebuilt in 2006, while GOM haddock was rebuilt 
in 2000. However, GARM III, and the subsequent data available for 
pollock, also indicated that several other NE multispecies stocks are 
now overfished; these stocks are witch flounder, GB winter flounder, 
northern windowpane flounder, and pollock. As a result, the Council is 
proposing new rebuilding programs for these stocks under Amendment 16, 
assuming the rebuilding programs will begin in FY 2010. For witch 
flounder and GB winter flounder, the proposed rebuilding programs would 
rebuild these stocks by 2017, with a 75-percent probability of success. 
The rebuilding programs proposed for pollock and northern windowpane 
flounder would rebuild these stocks by 2017, but because status 
determination criteria for these stocks are based upon survey indices, 
a probability of success cannot be calculated at this time.
    Analysis by the Data Poor Working Group indicated that Atlantic 
wolffish is overfished. However, because the life history of this 
species is not well understood, there is considerable uncertainty in 
the evaluation of stock status and stock projections. As a result, it 
is not possible to determine a rebuilding period or a rebuilding F for 
this species at this time, although measures to reduce F for this stock 
are proposed under Amendment 16, as outlined below.
    Amendment 13 established a phased rebuilding strategy for SNE/MA 
winter

[[Page 69385]]

flounder that would evaluate the rebuilding progress in 2008 and adjust 
the rebuilding F in 2009 to achieve rebuilding by 2014. Based upon GARM 
III data, projections indicate that this stock is unlikely to rebuild 
by 2014 in the absence of any fishing mortality, but would likely 
rebuild between FYs 2015 and 2016. Since this stock is caught as non-
targeted catch in other large-mesh fisheries, small-mesh fisheries, and 
the scallop dredge fishery, the only way to achieve zero F would be to 
eliminate all fishing activity in the SNE/MA winter flounder stock 
area, including fisheries for scallops, summer flounder, and other non-
groundfish species. This would entail closing several important 
fisheries from off Cape Cod, MA to the Maryland coast. Hundreds of 
millions of dollars in yield would be sacrificed for a relatively small 
change, if any, in the projected rebuilding period for this stock. The 
Council considers this unnecessary and impracticable, since, even 
without any fishing mortality, this stock could not be rebuilt within 
the Amendment 13 timelines (i.e., by 2014) and is projected to be 
rebuilt between FYs 2015 and 2016. Instead, Amendment 16 proposes to 
prohibit possession and landings of SNE/MA winter flounder, which would 
result in achieving a F as close to zero as practicable. In addition, 
Amendment 16 would require all non-Sector vessels fishing within two 
restricted gear areas to use selective gear to minimize the catch of 
SNE/MA winter flounder and other stocks. Although the benefits of these 
restricted gear areas are uncertain and have not been used to 
contribute to the F reductions of the proposed action, any decrease in 
F associated with these requirements would only increase the 
probability that rebuilding under the proposed measures would occur 
between FYs 2015 and 2016. With the implementation of management 
measures proposed under Amendment 16, including the proposed measures 
that affect the catch of SNE/MA winter flounder, this stock will no 
longer be subject to overfishing. There is considerable scientific 
uncertainty associated with the assessment for this stock, as 
recruitment observed between 2004 and 2008 was less than half of that 
assumed when the rebuilding plan and associated management measures 
were developed under Amendment 13. This suggests that differences 
between projected and observed recruitment patterns and other factors 
will influence when this stock is rebuilt. Projections of stock status 
under a F of zero are similar to those using a F of as close to zero as 
practicable, as proposed under this action, indicating that there is 
little difference between when this stock is expected to rebuild under 
either scenario (see Section 7.2.1.1.3.1 of the Amendment 16 FEIS). 
Therefore, to impose a complete closure of commercial and recreational 
fisheries in the SNE/MA winter flounder stock area and still not 
achieve the objectives of rebuilding this stock by 2014 is contrary to 
the objectives of the Magnuson-Stevens Act and would result in severe 
economic impacts without biological benefits. Further, section 
304(e)(7) of the Magnuson-Stevens Act recognizes that an FMP may not 
always make adequate progress to achieving rebuilding objectives and 
allows time for revisions to be made to make adequate progress toward 
rebuilding overfished stocks. This action is thus designed to eliminate 
targeting of this stock and to reduce discards in other trawl fisheries 
in order to reduce F to the extent practicable, without delaying the 
projected rebuilding of this stock. As a result, the rebuilding target 
listed in Table 3 for this stock should be interpreted as ``as close to 
zero as practicable,'' rather than zero.
    Previous stock assessments for Atlantic halibut were insufficient 
to calculate a rebuilding F. As a result, although the stock was 
classified as overfished, no target F was calculated. GARM III included 
an analytic assessment for this species that was able to calculate a 
rebuilding F shown in Table 3 and an end date for rebuilding of 2055, 
based upon the biology of this species.
    The GARM III review of GOM winter flounder indicated that it is 
highly likely that the stock is overfished. However, due to the high 
degree of uncertainty of the assessment, the GARM III review panel 
suggested that the assessment could not be used to provide management 
advice or stock projections. As a result, a formal rebuilding program 
has not been developed for this stock under Amendment 16, although 
rebuilding for this stock is expected to result from measures proposed 
under Amendment 16 to rebuild other stocks. This stock will continue to 
be monitored and, should additional information lead to a determination 
that the stock is overfished, a formal rebuilding program would be 
developed in a subsequent action.

4. ABC Control Rule and Mortality Reductions Necessary To Achieve 
Rebuilding Targets

    Management measures proposed in this action are designed to reduce 
F to the target F for each stock, as specified in Table 3. Two factors 
contribute to determining the target F under Amendment 16: The ABC 
control rule specified by the Council's Scientific and Statistical 
Committee (SSC), and the F necessary to rebuild overfished stocks 
within the rebuilding period (Frebuild). The ABC control 
rule proposed by the SSC was adopted by the Council at its June 2009 
meeting and would replace the MSY control rule in Amendment 13. The ABC 
control rule would specify that the ABC for each stock should be 
determined as the catch at 75 percent of FMSY, and that, if 
the catch at 75 percent of FMSY would not achieve the 
mandated rebuilding requirements, ABC should be based upon 
Frebuild. For stocks that cannot be rebuilt within existing 
rebuilding periods, the ABC should be based upon incidental bycatch, 
including a reduction in the existing bycatch rate. Finally, for stocks 
with unknown status, ABC would be determined on a case-by-case basis by 
the SSC.
    Because GARM III assessed the status of the stocks through 2007, to 
calculate Frebuild it is necessary to estimate the F 
resulting from measures in place for 2008 and 2009. Catch data for FY 
2008 are available, along with estimates of F resulting from measures 
implemented by the 2009 interim action. Projections were run to 
determine rebuilding F targets using an estimate of 2008 F based upon 
available catch data, as well as the assumptions regarding expected F 
resulting from interim measures in 2009. Table 3 lists the percentage 
change in F necessary to achieve the target F (either 
Frebuild or the catch at 75 percent of FMSY), as 
appropriate, from F estimated for FY 2008. Mortality reductions for 
several stocks are not available because the assessments for these 
stocks did not produce reliable estimates of F that could be used in 
projection models to estimate Frebuild.

[[Page 69386]]



                              Table 3--Summary of Reductions in F Necessary to Achieve the Target F in 2010 for Each Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Change in F
                                                                                                  Targeted F               2008 F from    necessary to
                    Species                                    Stock                   2007 F       (either       Fmsy      2008 Catch  achieve Frebuild
                                                                                                  Frebuild or                  Data      using catch and
                                                                                                  75 of FMSY)                                F 2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cod............................................  GB...............................        0.300         0.184      0.2466        0.410               -55
Cod............................................  GOM..............................        0.456         0.18        0.237        0.300               -40
Haddock........................................  GB...............................        0.230         0.26        0.350        0.079               229
Haddock........................................  GOM..............................        0.350         0.32        0.430        0.250                28
Yellowtail flounder............................  GB...............................        0.289         0.109       0.254        0.130               -16
Yellowtail flounder............................  SNE/MA...........................        0.413         0.072       0.254        0.120               -40
Yellowtail flounder............................  CC/GOM...........................        0.414         0.18        0.239        0.289               -38
American plaice................................  GB/GOM...........................        0.090         0.14        0.190        0.099                41
Witch flounder.................................  .................................        0.290         0.15        0.200        0.296               -49
Winter flounder................................  GB...............................        0.280         0.20        0.260        0.131                49
Winter flounder................................  GOM..............................        0.417       N/A           0.283        0.317               N/A
Winter flounder................................  SNE/MA...........................        0.649         0.000       0.248        0.265              -100
Redfish........................................  .................................        0.005         0.03        0.038        0.008               275
White hake.....................................  GB/GOM...........................        0.150         0.084       0.125        0.065                29
Pollock........................................  GB/GOM...........................       10.464         4.245        5.66       15.516               -73
Windowpane flounder............................  Northern.........................        1.960       N/A            0.50          N/A               N/A
Windowpane flounder............................  Southern.........................        1.850       N/A            1.47          N/A               N/A
Ocean Pout.....................................  .................................        0.380       N/A           0.760          N/A               N/A
Atlantic halibut...............................  .................................        0.065         0.044       0.073        0.060               -27
Atlantic wolffish..............................  .................................          N/A       N/A             N/A          N/A               N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------

5. ABC/ACL Specifications and Distribution Process

    The recent reauthorization of the Magnuson-Stevens Act required 
fishery management councils to establish a mechanism for specifying 
ACLs for each managed fishery such that overfishing does not occur in 
the fishery, and measures to ensure accountability. NMFS revised the 
National Standard 1 Guidelines to assist Councils in complying with the 
new requirements (January 16, 2009; 74 FR 3178), which were used by the 
Council in developing both the ABC/ACL process and the associated AMs 
in Amendment 16.

ABC/ACL Specifications Process

    According to the Magnuson-Stevens Act, ACLs developed by a Council 
for a particular fishery may not exceed the fishing level 
recommendations of the Council's SSC or other peer-review process. The 
Magnuson-Stevens Act requires that ACLs must take effect in FY 2010 for 
fisheries subject to overfishing, and in FY 2011 for all other 
fisheries. Because several stocks managed under the FMP are subject to 
overfishing, Amendment 16 proposes a process to specify ABCs and ACLs 
for the NE multispecies fishery for implementation in FY 2010.
    Under Amendment 16, ABCs/ACLs would be developed as part of the 
biennial adjustment process established in the FMP (a complete 
description of the ABC/ACL specification process is in Section 4.2.1 of 
the Amendment 16 FEIS). The Groundfish Plan Development Team would 
develop recommendations for setting an ABC, ACL, and overfishing level 
(OFL) for each stock for each of the next 3 years following the 
implementation of the biennial adjustment, or yearly for stocks managed 
by the U.S./Canada Resource Sharing Understanding (Understanding) 
(currently, GB yellowtail flounder, Eastern GB cod, and Eastern GB 
haddock) through a specifications package. These recommendations would 
be based upon the ABC control rule, as described above; updated 
information regarding the status of each stock, including 
Frebuild for overfished stocks; recommendations of the 
Transboundary Management Guidance Committee (TMGC) for appropriate 
catch levels for stocks managed by the Understanding; and any other 
guidance provided by the SSC. The ABCs developed through the process 
would be distributed among the various segments of the fishery that 
catch NE multispecies. These sub-ABCs would then be reduced to account 
for management uncertainty to derive how the overall ACL for each stock 
is divided into various sub-components of the fishery, as described 
further below. The PDT would develop an informal document that 
describes how these recommendations were developed, including estimates 
of scientific and management uncertainty considered by the PDT, whether 
different levels of management uncertainty were applied to different 
components of the fishery, and whether total allowable catches (TACs) 
have been exceeded during previous fishing years. The SSC would then 
approve the PDT's ABC recommendations or provide alternative ABC 
recommendations, describing elements of scientific uncertainty used to 
develop its recommendations, and offer any other recommendations 
regarding ACLs or other relevant issues. The Council would then 
consider the recommendations of the SSC, PDT, and TMGC and adopt ABCs 
and ACLs for each stock. As required by the Magnuson-Stevens Act, the 
Council must adopt ACLs that are equal to or lower than the ABC 
recommended by the SSC, taking into account management uncertainty. The 
Council would adopt the ABC/ACL specifications and submit them to NMFS 
by December 1, for approval and implementation in a manner consistent 
with the Administrative Procedure Act.
    The numeric ABCs and ACLs developed pursuant to this process are 
not codified in this proposed rule and will be specified in a separate 
future rulemaking. The Council is currently developing an ABC/ACL 
specifications package to be implemented concurrently with the 
provisions contained in this proposed rule for Amendment 16 management 
measures at the start of FY 2010 on May 1, 2010. The measures proposed 
in Amendment 16 are intended to achieve, but not exceed, the ABCs and 
ACLs established for FYs 2010-2012. The ABCs and ACLs for 2013 and 
beyond would be specified according to the process described above, 
unless otherwise modified through a future Council action.

[[Page 69387]]

ACL Distribution

    As noted above, the PDT would recommend distributing the ABC among 
the various segments of the fishery that catch NE multispecies 
regulated species and ocean pout, and reducing such sub-ABCs to account 
for management uncertainty for each individual sub-component of the 
fishery that catch such stocks based upon the catch available to U.S. 
fishermen, as further described below and as described in detail in 
Section 4.2.1.3 of the Amendment 16 FEIS. These sub-components of the 
fishery include vessels operating in state waters that catch regulated 
species and ocean pout, but do not hold Federal NE multispecies 
permits; other non-specified sub-components of the fishery that may 
catch regulated species and ocean pout as bycatch when prosecuting 
other fisheries (i.e., exempted fisheries and fisheries for exempted 
species); vessels participating in the Atlantic sea scallop fishery 
that catch yellowtail flounder stocks as bycatch; vessels participating 
in the Atlantic herring fishery that catch haddock as bycatch; and 
catch of regulated species and ocean pout by the commercial and 
recreational NE multispecies fisheries. Some sub-components of the 
fishery would not be subject to any automatic AMs under Amendment 16 
and would, thus, be allocated sub-components of the ACL. The sub-
components of the fishery that are subject to AMs would be allocated 
sub-ACLs for each stock of regulated species and ocean pout that they 
catch. These distributions, and the stocks that are allocated to the 
recreational fishery, could be revised through the framework adjustment 
process established in the existing regulations.
    Catch by vessels operating in state waters that do not hold Federal 
NE multispecies permits is outside of the jurisdiction of the FMP, but 
is included in the overall ABC for NE multispecies regulated species 
and ocean pout stocks. As a result, such catch must be accounted for, 
but would not be monitored outside of the biennial adjustment process 
for assessment purposes. The estimates of such catch would be adjusted 
pursuant to the biennial adjustment process specified above. For GOM 
cod and GOM haddock, this state-waters catch would be deducted from the 
sub-ACL available to the commercial fishery (i.e., vessels issued a 
limited access NE multispecies permit or open access NE multispecies 
Handgear B permit). The sub-ACL available to recreational vessels would 
include catch of GOM cod and GOM haddock in both state waters and 
Federal waters, and any associated recreational AMs would be triggered 
by the cumulative catch of such stocks by all recreational vessels.
    The sub-components of the fishery that are not subject to AMs 
include vessels fishing in exempted fisheries that occur in Federal 
waters (e.g., the northern shrimp exempted fishery and the Cultivator 
Shoal whiting fishery exemption) and vessels targeting exempted species 
(e.g., the summer flounder fishery in SNE)--fisheries that are not 
allowed to land NE multispecies regulated species or ocean pout and 
that have demonstrated very low NE multispecies bycatch--as well as the 
Atlantic sea scallop fishery, which catches yellowtail flounder as 
bycatch. If catch from such fisheries exceeds the amount allocated, AMs 
would be developed and implemented in a separate future management 
action to prevent the overall ACL for each stock from being exceeded, 
pursuant to the biennial review or framework adjustment process 
established in the existing regulations.
    The ACLs for all three stocks of yellowtail flounder would be 
reduced to account for projected yellowtail flounder bycatch in the 
Atlantic sea scallop fishery. The level of yellowtail flounder bycatch 
in the scallop fishery would vary from year-to-year, based upon scallop 
and NE multispecies abundance, the rotational management program 
specified for the scallop fishery, and other factors. At a minimum, the 
yellowtail flounder sub-component of the ACL allocated to the scallop 
fishery would be consistent with the incidental catch amounts specified 
for closed area access programs specified in the current regulations 
(e.g., at least 10 percent of the GB yellowtail flounder ACL would be 
specified to account for closed area access programs on GB, when open 
under the rotational management program). Similar to the other non-
specified sub-components of the ACL described above, with the exception 
of GB yellowtail flounder, yellowtail flounder bycatch in the scallop 
fishery would initially be treated as a sub-component of the ACL, 
rather than a sub-ACL, and, therefore, would not be subject to any 
specific AMs under Amendment 16. The existing regulations regarding the 
Understanding require that any overages of the TACs managed by the 
Understanding would be deducted from the available U.S. portion of the 
appropriate TAC during the following year. Therefore, any overages of 
the U.S. portion of the GB yellowtail flounder TAC, including those by 
the scallop fishery, would be deducted from the U.S. portion of the GB 
yellowtail flounder TAC during the following year. The Council is 
currently developing Amendment 15 to the Atlantic Sea Scallop FMP, 
which is expected to develop AMs for the catch of yellowtail flounder 
in the scallop fishery. If such measures are implemented, the 
yellowtail flounder bycatch in the scallop fishery would then become 
classified as a sub-ACL controlled by an appropriate AM.
    In 2006, Framework Adjustment 43 to the FMP (August 15, 2006; 71 FR 
46871) specified that 0.2 percent of the GOM and GB haddock target TACs 
would be allocated to the Atlantic herring fishery to accommodate 
haddock bycatch. Amendment 16 would maintain this allocation, but 
update it to reflect that 0.2 percent of the GOM and GB haddock ACL 
would be allocated to the Atlantic herring fishery. This allocation 
would be considered a sub-ACL. The existing regulations already contain 
AMs in the form of elimination of the directed herring fishery in 
particular areas, and haddock possession restrictions once this sub-ACL 
is projected to be caught. Because the existing regulations combine 
catches from both stocks of haddock, this haddock sub-ACL allocated to 
the herring fishery is not currently monitored on a stock-specific 
basis.
    Finally, the ACL for each NE multispecies regulated species and 
ocean pout stock would be allocated to the NE multispecies commercial 
and recreational fisheries. With the exception of GOM cod and GOM 
haddock, as noted below, the ACL for each NE multispecies regulated 
species and ocean pout stock would be allocated to the commercial NE 
multispecies fishery. This would be further divided between vessels 
participating in approved Sectors and those fishing under the 
provisions for the common pool (i.e., those vessels not participating 
in an approved Sector), as described further in Item 14 of this 
preamble. An allocation for a particular stock would not be made to the 
recreational fishery if it is determined that, based upon available 
information, the ACLs for NE multispecies regulated species and ocean 
pout stocks are not being fully harvested by the NE multispecies 
fishery, or if the recreational harvest, after accounting for state-
waters catch as described above, is less than 5 percent of the overall 
catch for a particular stock. If a stock is allocated to the 
recreational fishery, the distribution of the available ACLs for these 
stocks between the commercial and recreational fisheries would be 
determined based upon the average proportional catch of each component

[[Page 69388]]

for each stock during FYs 2001 through 2006. Based upon these criteria, 
only two NE multispecies stocks would be allocated to the recreational 
fishery at this time: GOM cod and GOM haddock.

6. AMs

    As described in Item 5 of this preamble, Councils must establish 
measures that prevent overfishing and ensure accountability in each 
fishery. AMs are management controls that are intended to prevent ACLs 
from being exceeded, or to correct/mitigate overages if they occur. 
Amendment 16 would implement AMs for both the commercial and 
recreational fisheries, as described below, including separate AMs for 
Sector vessels, vessels fishing in the common pool, and private 
recreational and charter/party vessels. Under Amendment 16, if the 
overall ACL for a stock is exceeded, the AMs applicable to the NE 
multispecies fishery, including those specified for Sector, common 
pool, and recreational and charter/party vessels, would be triggered, 
as specified below.

Sector AMs

    Since Sectors were first implemented in 2004 under Amendment 13, 
Sectors have provided an alternative to DAS and trip limits for 
managing the catch of particular stocks. Similarly, Amendment 16 would 
specify alternative AMs for common pool vessels and those participating 
in Sectors. Amendment 16 would prohibit Sector vessels from fishing in 
a particular stock area unless that Sector is allocated or acquires 
quota for all NE multispecies regulated species or ocean pout stocks 
allocated to Sectors and caught in that stock area. In addition, 
Amendment 16 would require that Sector vessels cease fishing in a 
particular stock area if the Sector exceeds its allocation of any NE 
multispecies regulated species or ocean pout stocks caught in a 
particular stock area. While Sectors could balance such overages 
through acquiring allocation from another Sector, any overages at the 
end of the FY would be deducted from that Sector's allocation during 
the subsequent FY. As described below for the AMs effective if the 
overall ACL for a particular stock is exceeded, the catch used to 
determine an individual Sector's overage would include catch by each 
Sector's vessels, as well as catch by other sub-components of the 
fishery. If either the catch of a particular stock by a Sector's 
vessels alone, or the catch of a particular stock by a Sector's vessels 
added to a Sector's portion of the overall ACL overage caught by other 
sub-components of the fishery exceeds the amount of that stock's ACL 
allocated to an individual Sector, the amount of the overage would be 
deducted from that Sector's allocation for that stock during the 
following FY. If a Sector disbands following an overage, or does not 
have sufficient allocation to cover the overage, an appropriate DAS or 
Sector share penalty or fishing prohibition would apply to each 
individual participating vessel during the subsequent FY, as further 
described in Item 14 of this preamble. If a Sector exceeds its 
allocations multiple times or by a large amount, the Sector operations 
plan or monitoring program may be insufficient to control fishing 
effort and could justify disapproval of the Sector in future years. 
These measures are intended to ensure that Sectors avoid exceeding 
their allocations. If Sector allocations are exceeded, appropriate 
measures would be taken to either balance the overage or address it 
through penalties in the following FY.

Common Pool AMs

    Common pool vessels would be subject to two types of AMs: A 
differential DAS counting AM during FYs 2010 and 2011, and a hard-TAC 
AM overlaid upon the DAS effort controls in FY 2012 and beyond. This 
transition from a DAS AM to a hard-TAC AM reflects the Council's intent 
to transition from an effort control fishery to one managed through 
hard TACs. This transition also would enable monitoring systems and 
service providers to prepare for the increase in infrastructure and 
personnel necessary to accommodate the influx of higher volumes of 
catch data and the need to monitor greater numbers of offloads, as 
further described below.
    Under the proposed differential DAS counting AM, if the NMFS 
Regional Administrator projects that the sub-ACL available to common 
pool vessels for each NE multispecies regulated species or ocean pout 
stock would be exceeded or underharvested by the end of the FY, based 
upon catch data available through January of that year, a differential 
DAS counting factor would be applied to each Category A DAS used in the 
stock area for which the sub-ACL was exceeded or underharvested, during 
the following FY. The catch used in this projection would include catch 
by common pool vessels as well as a projection of the catch by other 
sub-components of the fishery. If either the catch of a particular 
stock by common pool vessels alone, or the catch of a particular stock 
by common pool vessels plus the common pool's portion of any catch from 
other sub-components of the fishery that cumulatively exceed the 
overall ACL is projected to exceed the common pool's allocation for a 
particular stock, the differential DAS counting AM would be triggered 
for the following FY. This projection would be updated after the end of 
the FY to help determine if the catch by other sub-components of the 
fishery are accurately estimated for the purposes of determining 
whether the differential DAS counting AM is triggered. The areas in 
which differential DAS counting would apply are defined further in this 
proposed rule. Of particular note is the differential DAS counting area 
applicable to Atlantic wolffish. The Council added Atlantic wolffish to 
the FMP, but neither specifically exempted Atlantic wolffish from the 
differential DAS counting AM, nor specified the differential DAS 
counting areas applicable to this species when it adopted Amendment 16. 
An assessment of recent catches by Council staff during the development 
of the Amendment 16 FEIS indicated that this species is primarily 
landed from inshore waters of both the GOM and GB. Therefore, this 
proposed rule would impose differential DAS counting in the Inshore GOM 
and Inshore GB Differential DAS Counting Areas if the Atlantic wolffish 
ACL is projected to be caught.
    The Amendment 16 DEIS indicates that the exact areas associated 
with this AM may be modified in the FEIS ``to be consistent with the 
overall effort control program so that a complex mosaic of DAS counting 
areas is avoided as much as possible.'' The differential DAS counting 
areas initially proposed in the DEIS have, therefore, been revised 
based upon consultation with the Groundfish PDT and the Chairman of the 
Groundfish Oversight Committee. Consistent with the intent of Amendment 
16, these areas have been modified to better reflect the broad stock 
reporting areas described in further detail in Item 8 of this preamble, 
and the existing boundaries of the U.S./Canada Management Area. 
Specifically, an Inshore GB Differential DAS Counting Area was created 
to reflect the Inshore GB Broad Stock Area (i.e., statistical area 521) 
and the numerous stocks that are found within this area; the Inshore 
GOM Differential DAS Counting Area boundaries were moved north to 
intersect with the coastline of Maine, and west to create the Inshore 
GB Differential DAS Counting Area; the Offshore GOM Differential DAS 
Counting Area boundary was moved north to completely cover the 
coastline of Maine, and the southern boundary was moved north to create 
the Inshore

[[Page 69389]]

GB Differential DAS Counting Area; the Offshore GB Differential DAS 
Counting Area boundary was moved north and west to better match the 
boundaries of the U.S./Canada Management Area; and the SNE differential 
DAS counting area boundary was moved west to have the area entirely 
outside of the U.S./Canada Management Area. NMFS is particularly 
interested in soliciting public comments on the creation of an Inshore 
GB Differential DAS Area. As originally proposed in the Amendment 16 
DEIS, the waters east of Cape Cod, including the shipping lanes known 
as ``the Channel,'' were divided between the Inshore and Offshore GOM 
Differential DAS Counting Areas. Because this area overlaps with the 
GOM, GB, and SNE stock areas for certain species, and includes both 
deep and shallow water, none of the originally proposed differential 
DAS counting areas would be completely adequate to cover the full 
ranges of some species. Thus, this proposed rule would treat this area 
separately. Accordingly, if a stock is caught inside/outside of the 
Inshore GB Differential DAS Counting Area, multiple areas would be 
subject to differential DAS counting. For example, CC/GOM yellowtail 
flounder is caught in both the Inshore GOM and the Inshore GB 
Differential DAS Counting Areas. If catch by common pool vessels 
exceeds the CC/GOM yellowtail flounder sub-ACL for this fishery, both 
areas would be subject to differential DAS counting during the 
following FY.
    The differential DAS counting factor that would apply would be 
based upon the projected proportion of the sub-ACL that is expected to 
be caught by common pool vessels plus the common pool's portion of any 
overage of the overall ACL for any stock caused by excessive catch by 
other sub-components of the fishery, if appropriate, rounded to the 
nearest even tenth, as listed in Table 4. If it is projected that catch 
in a particular FY will exceed or underharvest the sub-ACLs for several 
NE multispecies regulated species or ocean pout stocks within a 
particular stock area, the Regional Administrator would apply the most 
restrictive differential DAS counting factor within that particular 
stock area. For example, if it were projected that common pool vessels 
will be responsible for catch that is 1.2 times the GOM cod sub-ACL and 
1.1 times the CC/GOM yellowtail flounder sub-ACL, the Regional 
Administrator would apply a differential DAS counting factor of 1.2 to 
any Category A DAS fished by common pool vessels only within the 
Inshore GOM Stock Area during the following FY (i.e., Category A DAS 
would be charged at a rate of 28.8 hr for every 24 hr fished, or 1.2 
times 24-hr DAS counting). If it is projected that common pool vessels 
will underharvest all stocks within a particular stock area by at least 
10 percent and that the overall ACL for a particular stock is not 
exceeded by all sub-components of the fishery, the Regional 
Administrator would reduce the rate at which DAS are counted to allow 
the fishery to achieve the ACLs for all stocks within that area. For 
example, if the common pool catches 0.65 times the CC/GOM yellowtail 
flounder sub-ACL and 0.80 times the sub-ACL for all other stocks within 
the Inshore GOM Differential DAS Counting Area, the Regional 
Administrator would apply a differential DAS factor of 0.80 to all 
Category A DAS used only in the Inshore GOM Differential DAS Counting 
Area during the following FY (i.e., Category A DAS would be charged at 
a rate of 19.2 hr for every 24 hr fished, or 0.80 times 24-hr DAS 
counting). If the Regional Administrator determines that similar DAS 
adjustments are necessary in all stock areas (either to reduce or to 
increase effort), the Regional Administrator would adjust the ratio of 
Category A: Category B DAS to reduce/increase the number of Category A 
DAS available, based upon the amount of the overage or underage, rather 
than applying a differential DAS counting factor to all Category A DAS 
used in all stock areas.
    Any differential DAS counting factor implemented in FY 2012 for any 
ACL overages in a particular stock area during FY 2011 would be applied 
against the DAS counting rate implemented in that stock area for FY 
2011. While unlikely, it is possible that, even if the differential DAS 
counting AM is triggered in a particular stock area due to excessive 
catch of one or more ACLs in that stock area in FY 2010, the catch of 
stocks within that stock area could exceed ACLs during FY 2011, as 
well. If this were to happen, it would suggest that the differential 
DAS counting rate that was implemented as a result of excessive catch 
in FY 2010 was insufficient to prevent the ACLs specified for FY 2011 
from being exceeded. Therefore, while Amendment 16 does not 
specifically address this possibility, it stands to reason that any 
differential DAS counting factor applied to DAS fished in a particular 
stock area during FY 2012 to account for the excessive catch in FY 2011 
should be applied to the DAS rate charged during FY 2011, even if a 
differential DAS counting rate was implemented in that stock area 
during FY 2011. For example, if a projection by the Regional 
Administrator concluded that 1.2 times the GOM cod ACL was caught 
during FY 2010, a differential DAS factor of 1.2 would be applied to 
any Category A DAS used in the Inshore GOM Stock Area during FY 2011 
(i.e., Category A DAS would be charged at a rate of 28.8 hr for every 
24 hr fished, or 1.2 times 24-hr DAS counting). However, if even this 
higher DAS counting rate were insufficient to prevent the GOM cod ACL 
from being exceeded again in FY 2011 and 1.5 times the GOM cod ACL was 
caught during FY 2011, a differential DAS factor of 1.5 would be 
applied to the DAS charging rate during FY 2011 (i.e., Category A DAS 
would be charged at a rate of 43.2 hr for every 24 hr fished (1.2 x 1.5 
x 24-hr DAS charge)). This would more accurately reflect the likely 
reduction in effort needed to prevent the ACL from being exceeded, and 
increase the likelihood that catch during FY 2012 would not exceed the 
ACL in that stock area and result in the trimester TAC area closures 
being triggered.
    This differential DAS counting AM would not be triggered if the 
Regional Administrator conducts an analysis of the mixed-stock 
exception in 50 CFR 600.310(m) and determines that the mixed-stock 
exception is applicable. Pursuant to a court order in the case of 
Commonwealth of Massachusetts and State of New Hampshire v. Carlos M. 
Gutierrez (Case No. 06-cv-12110 (EFH) in the U.S. District Court, 
District of Massachusetts), NMFS conducted an analysis of the mixed-
stock exception, under old and new guidelines on this subject, to 
determine if either provision was applicable to the development of 
Framework Adjustment 42 to the FMP. Based upon this analysis, NMFS 
concluded that the mixed-stock exception, under the old and new 
guidelines, was not a viable alternative for the Council or NMFS to 
consider or implement for overfished stocks addressed by Framework 
Adjustment 42 or for any future conservation or management measures 
related to overfished stocks. This analysis concluded that: (1) This 
provision creates an exception from the requirement to end overfishing, 
but does not eliminate the need to rebuild overfished stocks within 
rebuilding timeframes established consistent with the Magnuson-Stevens 
Act; (2) cannot be applied to overfished stocks pursuant to the 
National Standard 1 Guidelines; and (3) cannot be used to jeopardize 
the rebuilding programs of overfished stocks. Currently, at least 12 NE

[[Page 69390]]

multispecies regulated species or ocean pout stocks are overfished and 
12 are subject to overfishing, with overfished stocks found in each of 
the differential DAS counting areas proposed under this AM. Because 
this AM is intended to prevent overfishing, applying the mixed-stock 
exception to avoid implementing differential DAS counting in any stock 
area due to an overage of the sub-ACL allocated to the common pool 
would likely lead to overfishing of already overfished stocks. 
Accordingly, NMFS has determined that the mixed-stock exception is 
neither applicable, nor justified under the proposed measures for this 
AM.

  Table 4--Differential DAS Factor Applied as an Accountability Measure
                          During FYs 2010/2011
------------------------------------------------------------------------
         Proportion of ACL caught              Differential DAS factor
------------------------------------------------------------------------
0.5.......................................  0.5
0.6.......................................  0.6
0.7.......................................  0.7
0.8.......................................  0.8
0.9.......................................  No change.
1.0.......................................  No change.
1.1.......................................  1.1
1.2.......................................  1.2
1.3.......................................  1.3
1.4.......................................  1.4
1.5.......................................  1.5
1.6.......................................  1.6
1.7.......................................  1.7
1.8.......................................  1.8
1.9.......................................  1.9
2.0.......................................  2.0
------------------------------------------------------------------------

    Starting in FY 2012, common pool vessels would be subject to a 
hard-TAC AM. Under this AM, the sub-ACL available to common pool 
vessels for each NE multispecies regulated species or ocean pout stock 
would be apportioned into trimesters of 4 months duration, beginning at 
the start of the FY (i.e., Trimester 1: May 1--August 31; Trimester 2: 
September 1--December 31; Trimester 3: January 1--April 30), as listed 
in Table 5. The distribution of these sub-ACLs into trimesters was 
based upon a preferred distribution of recent landing patterns, but 
would be adjusted through the biennial adjustment process to reflect 
the landing patterns of the most recent 5-yr period available at the 
time of each adjustment. If a trimester TAC is exceeded/underharvested, 
the overage/underage would be applied to the following trimester, with 
the exception that any underage could not be applied to the following 
FY's trimester TACs. With the exception of windowpane flounder, ocean 
pout, and Atlantic halibut, if the Regional Administrator projects that 
90 percent of the trimester TAC for a NE multispecies regulated species 
or ocean pout stock will be caught, the Regional Administrator would 
close the area where the stock is predominantly caught to all NE 
multispecies common pool vessels using gear capable of catching that 
species, as listed in Table 6, for the remainder of that trimester. The 
areas proposed to be closed to particular gears are further described 
in this proposed rule, and are based upon the area that accounted for 
90 percent of the catch of each stock according to available vessel 
trip report (VTR) data for calendar years 2006 through 2008. These 
areas differ slightly from those originally described in the Amendment 
16 DEIS, as discussed further in Section 4.3.7.1.2 of the Amendment 16 
FEIS. The Regional Administrator would be allowed to expand or narrow 
the closure areas based upon additional catch information, to reflect 
where each stock is actually caught. If the entire common pool sub-ACL 
for a particular stock is exceeded (i.e., the common pool catch of that 
stock at the end of the FY exceeds all three trimester TACs for that 
stock combined, including the common pool's share of any overage of the 
overall ACL for a particular stock caused by excessive catch of that 
stock by vessels fishing in state waters outside of the FMP, exempted 
fisheries, or the scallop fishery), an amount equal to the overage 
would be deducted from the sub-ACL for that stock that is allocated to 
common pool vessels during the following year. Because a targeted 
fishery for windowpane flounder, ocean pout, and Atlantic halibut would 
be eliminated by the restrictive trip limits proposed by this action 
(i.e., a prohibition on the retention of these stocks, or, in the case 
of halibut, a one-fish-per-trip restriction), the catch of these stocks 
would be monitored for the purposes of deducting overages, but would 
not trigger an area closure. Although Amendment 16 would not close 
particular areas when these trimester TACs for these stocks are 
harvested, it does include a trip limit adjustment for these stocks. 
Once 60 percent of the trimester TAC for any of these stocks is 
projected to be caught, the Regional Administrator would have the 
authority to specify a trip limit to prevent the trimester TAC or sub-
ACL allocated to the common pool vessels from being exceeded. Because 
retention of these stocks is either prohibited or restricted to one 
fish per trip, such adjustments would not affect catch of these stocks 
until possession is once again allowed when the stocks rebuild. 
Although the Council proposes to add Atlantic wolffish to the FMP under 
Amendment 16, and would prohibit the possession of this species, the 
Council did not specifically exempt this species from the trimester TAC 
AM. Accordingly, this action proposes to include an Atlantic wolffish 
trimester TAC distribution and area closure for trawl and gillnet gear 
based upon available catch data, as summarized in Tables 5 and 6. 
Because Amendment 16 did not specifically address how to handle 
Atlantic wolffish, NMFS is specifically seeking public comment on the 
proposed Atlantic wolffish trimester TAC and closure area. Finally, the 
white hake trip limit would be reduced to 500 lb (227 kg) per DAS, up 
to 2,000 lb (907.2 kg) per trip. This is based upon a concern that the 
ACL for white hake would be small, even when the stock is rebuilt. 
Therefore, by reducing the white hake trip limit, the likelihood that 
the trimester TAC would be exceeded would be reduced, thereby 
minimizing the chance that a stock area would be closed due to 
excessive landings of white hake.

    Table 5--Portion of Common Pool ACLs Apportioned to Each Trimester Under the Common Pool Trimester TAC AM
----------------------------------------------------------------------------------------------------------------
                                                                    Trimester 1     Trimester 2     Trimester 3
                              Stock                                  (percent)       (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
GOM Cod.........................................................              27              36              37
GB Cod..........................................................              25              37              38
GOM Haddock.....................................................              27              26              47
GB Haddock......................................................              27              33              40
CC/GOM Yellowtail flounder......................................              35              35              30
GB Yellowtail flounder..........................................              19              30              52
SNE/MA Yellowtail flounder......................................              21              37              42
GOM Winter flounder.............................................              37              38              25

[[Page 69391]]

 
GB Winter flounder..............................................               8              24              69
SNE/MA Winter flounder..........................................              36              50              14
Witch flounder..................................................              27              31              42
American plaice.................................................              24              36              40
Pollock.........................................................              28              35              37
Redfish.........................................................              25              31              44
White hake......................................................              38              31              31
Northern Windowpane flounder....................................              33              33              34
Southern Windowpane flounder....................................              33              33              34
Ocean pout......................................................              33              33              34
Atlantic halibut................................................              33              33              34
Atlantic wolffish...............................................              75              13              12
----------------------------------------------------------------------------------------------------------------


                     Table 6--Gear/Area Prohibitions Under the Common Pool Trimester TAC AM
----------------------------------------------------------------------------------------------------------------
                                                                   Area/gear prohibited when TAC is caught
              Species                         Stock         ----------------------------------------------------
                                                                  Statistical areas                Gear
----------------------------------------------------------------------------------------------------------------
Cod................................  GB....................  521,522,525,526,561........  Trawl, gillnet,
                                                                                           longline/hook.
                                     GOM...................  513,514,515................  Trawl, gillnet,
                                                                                           longline/hook.
Haddock............................  GB....................  521,522,561................  Trawl, gillnet,
                                                                                           longline/hook.
                                     GOM...................  512,513,514,515............  Trawl, gillnet,
                                                                                           longline/hook.
Yellowtail flounder................  GB....................  522,525,561,562............  Trawl, gillnet.
                                     SNE/MA................  537,539,612,613............  Trawl, gillnet.
                                     CC/GOM................  514,521....................  Trawl, gillnet.
American plaice....................  ......................  512,513,514,515,521,522....  Trawl.
Witch flounder.....................  ......................  512,513,514,515,521,522....  Trawl.
Winter flounder....................  GB....................  522,562....................  Trawl.
                                     GOM...................  514........................  Trawl, gillnet.
                                     SNE/MA................  521,526,537,539,612,613....  Trawl.
Redfish............................  ......................  513,514,515,521,522,561....  Trawl.
White hake.........................  ......................  511,512,513,514,515,521,522  Trawl, gillnet,
                                                              ,.                           longline/hook.
                                                             525,561,613,616............
Pollock............................  ......................  513,514,515,521,522,561....  Gillnet, trawl,
                                                                                           longline/hook.
Atlantic wolffish..................  ......................  513,514, 521,522...........  Trawl, gillnet.
----------------------------------------------------------------------------------------------------------------

    To facilitate monitoring trimester TACs under the common pool 
trimester TAC AM, 20 percent of trips by common pool vessels would have 
their offloads monitored by an independent third-party service provider 
approved/certified by NMFS to provide such services. These service 
providers would be required to randomly deploy dockside monitors to 
monitor the offload of catch directly to a dealer, and roving monitors 
to monitor the offload of catch onto a truck for subsequent shipment to 
a dealer. To ensure coverage is randomly deployed, common pool vessels 
may only use one dockside monitoring service provider per fishing year. 
The costs associated with monitoring vessel offloads would be the 
responsibility of individual vessels. Vessels would be required to 
submit trip-start and trip-end hail reports to facilitate the 
deployment of such dockside/roving monitors, as further described in 
Item 14 of this preamble.

Recreational AMs

    For the recreational fishery, once recreational catch information 
is available for the previous FY (expected by July), the Regional 
Administrator would evaluate whether recreational catch exceeded the 
recreational allocation for GOM cod or GOM haddock. For FY 2010, 
recreational catch would be compared to the recreational ACL for each 
stock for FY 2010. For FY 2011, the average recreational catch for FYs 
2010 and 2011 would be compared to the average recreational ACL for 
each stock during FYs 2010 and 2011. Beginning with FY 2012, the 3-year 
average recreational catch would be compared to the most recent 3-year 
average of the recreational ACL for each stock.
    Because there is a high degree of uncertainty associated with the 
number of recreational anglers and the amount of recreational catch 
between fishing years, the Council determined that it would be 
difficult to design an appropriate recreational AM in advance. In 
addition, the Council determined that there is a need to coordinate 
recreational measures with state management agencies represented on the 
Council in determining recreational AMs, as a large portion of 
recreational fishing activity occurs in state waters. Therefore, under 
Amendment 16, if it is determined that the recreational fishery has 
exceeded its allocation for GOM cod or haddock, NMFS would develop and 
implement the appropriate measures necessary to prevent the 
recreational fishery from exceeding the applicable sub-ACL in future 
years, in consultation with the Council. Appropriate AMs for the 
recreational fishery could include adjustments to fishing season, 
minimum fish size, or possession limits.

AMs if an Overall ACL for a Particular Stock Is Exceeded

    As described above, several components of the fishery are allocated 
sub-ACLs for stocks managed by the FMP and are, therefore, subject to 
AMs. However, Amendment 16 also proposes

[[Page 69392]]

that AMs for the NE multispecies fishery must be sufficient to prevent 
overfishing on each stock as a whole. This means that, if catch by 
components of the fishery that are not subject to AMs at this time 
(i.e., vessels fishing in state waters outside of the FMP, exempted 
fisheries, and the scallop fishery) exceed their allocations and the 
overall ACL for a particular stock is exceeded, the AMs applicable to 
the NE multispecies fishery described above, including those specified 
for Sector, common pool, and recreational and charter/party vessels, 
could be triggered to ensure that overfishing does not occur on the 
stock as a whole. Because catch data for components of the fishery that 
are not subject to AMs are not always available either within the FY, 
or at the end of the FY, NMFS would implement or adjust any AMs 
applicable to the NE multispecies fishery during the next FY, or as 
soon as practicable thereafter, once catch data for all such fisheries 
are available. If excessive catch by vessels fishing in state waters 
outside the FMP, exempted fisheries, or the scallop fishery exceeds 
these fisheries' individual allocations for a particular stock, but the 
overall ACL for a particular stock is not exceeded, then no AMs would 
be triggered in the NE multispecies fishery due to catch by such 
fisheries. However, if an individual component of the NE multispecies 
fishery exceeds its allocation of a particular stock, then the 
applicable AM for that component of the fishery would be triggered, 
even if the overall ACL for that stock is not exceeded.
    If an overage of the overall ACL for a particular stock occurs, and 
there is an overage of the sub-component of the ACL allocated to 
vessels fishing in state waters outside the FMP, exempted fisheries, or 
the scallop fishery, the amount of the overage of the overall ACL would 
be divided among the entire NE multispecies fishery, including common 
pool vessels, approved Sectors, and private recreational and charter/
party vessels, based upon each component's share of that stock's ACL 
available to the NE multispecies fishery. Each component's share of the 
ACL overage for a particular stock would then be added to the catch of 
that stock by each component of the NE multispecies fishery to 
determine if the resulting sum for each component of the fishery 
exceeds that individual component's share of that stock's ACL available 
to the NE multispecies fishery. If it does, that component would 
automatically be subject to the applicable AM. The following is an 
example to illustrate this calculation. For FY 2010, suppose there is 
an overall ACL of 1,000 mt of CC/GOM yellowtail flounder allocated 
across all fisheries. Five percent of the 1,000 mt (50 mt) is allocated 
to vessels fishing in state waters outside the FMP, exempted fisheries, 
and the Atlantic sea scallop fishery, while the remaining 95 percent 
(950 mt) is allocated to the NE multispecies fishery. The 950 mt 
allocated to the NE multispecies fishery is further divided between 
common pool vessels (allocated 200 mt), Sector 1 (allocated 450 mt), 
and Sector 2 (allocated 300 mt). In FY 2010, vessels fishing in state 
waters outside the FMP, exempted fisheries, and the scallop fishery 
cumulatively catch 300 mt of CC/GOM yellowtail flounder, exceeding 
their allocation by 250 mt (i.e., 300 mt caught -50 mt allocated). 
However, components of the NE multispecies fishery each caught less 
than or equal to their allocations for this stock, with common pool 
vessels catching 150 mt, Sector 1 vessels catching 450 mt, and Sector 2 
vessels catching 300 mt. Cumulatively, the overall ACL for CC/GOM 
yellowtail flounder was exceeded by 200 mt based upon the catch of all 
fisheries (see Table 7 below). To determine how to distribute the 
overage of the overall ACL among the components of the NE multispecies 
fishery, it is necessary to first determine each component's share of 
that stock's ACL that is available to the NE multispecies fishery by 
dividing each component's allocation for that stock (i.e., 200 mt to 
common pool vessels, 450 mt to Sector 1 vessels, and 300 mt to Sector 2 
vessels) by the total amount allocated to the NE multispecies fishery 
(200 mt + 450 mt + 300 mt = 950 mt). In this example, the common pool 
is allocated 21 percent of the CC/GOM yellowtail flounder sub-ACL 
available to NE multispecies vessels (200 mt / 950 mt), while Sector 1 
is allocated 47 percent (450 mt / 950 mt), and Sector 2 is allocated 32 
percent of the CC/GOM yellowtail flounder sub-ACL available to NE 
multispecies vessels (300 mt / 950 mt). Therefore, to determine whether 
the common pool and sector AMs would be triggered, 42 mt of the overage 
(21 percent times 200 mt overage) would be added to the actual common 
pool catch (150 mt), 94 mt of the overage (47 percent times the 200 mt 
overage) would be added to the actual catch by Sector 1 vessels (450 
mt), and 64 mt of the overage (32 percent times the 200 mt overage) 
would be added to the actual catch by Sector 2 vessels of (300 mt). In 
this example, because vessels in both Sector 1 and Sector 2 caught 
their full allocation of CC/GOM yellowtail flounder, when the overage 
of the overall ACL was proportionally distributed among the components 
of the NE multispecies fishery, the total catch of CC/GOM yellowtail 
flounder by Sector 1 vessels exceeded its CC/GOM yellowtail flounder 
allocation by 94 mt (i.e., 450 mt catch by Sector 1 vessels + 94 mt 
share of the overage = 544 mt, or a 94 mt overage of its allocation), 
while the total catch of CC/GOM yellowtail flounder by Sector 2 vessels 
exceeded its CC/GOM yellowtail flounder allocation by 64 mt (i.e., 300 
mt catch by Sector 2 vessels + 64 mt share of the overage = 364 mt, or 
a 64 mt overage of its allocation). Accordingly, the AMs for both 
sectors would be triggered, resulting in Sector 1's CC/GOM yellowtail 
flounder allocation being reduced by 94 mt, and Sector 2's CC/GOM 
yellowtail flounder allocation being reduced by 64 mt during FY 2011. 
However, when the common pool's share of the overage of the overall ACL 
(42 mt) was added to the common pool's catch of CC/GOM yellowtail 
flounder (150 mt), the total catch did not exceed the CC/GOM yellowtail 
flounder allocation to the common pool (42 mt + 150 mt < 200 mt). 
Therefore, the common pool would not be subject to the differential DAS 
counting AM in FY 2011 (see Table 7 below).

[[Page 69393]]



                Table 7--Example of How AMs Would Apply if the Overall ACL for a Stock Is Exceeded by Other Sub-components of the Fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Total catch   Amount of
                                                                                                               Distribution of      plus       sub-ACL
                                                                   Amount of   Share of   Catch in                 exempted       exempted     exceeded
               Component of the fishery                  Share of   sub-ACL   mults ACL   FY 2010    Overage    fisheries and    fisheries      after
                                                         ACL (%)      (mt)       (%)        (mt)       (mt)    scallop overage  and scallop  addition of
                                                                                                                     (mt)         overage      overage
                                                                                                                                    (mt)         (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sector 1..............................................         45        450         47        450          0               94          544           95
Sector 2..............................................         30        300         32        300          0               64          364           63
Common Pool...........................................         20        200         21        150        -50               42          192           -8
State Waters Fisheries, Exempted Fisheries, and the             5         50         NA        300        250               NA           NA           NA
 Scallop Fishery......................................
                                                       -------------------------------------------------------------------------------------------------
    Total.............................................        100      1,000        100      1,200        200              200        1,100          150
--------------------------------------------------------------------------------------------------------------------------------------------------------

7. Issuance of Limited Access Multispecies and Atlantic Sea Scallop 
Permits

    Currently, a vessel cannot be issued a limited access NE 
multispecies permit and a limited access Atlantic sea scallop permit at 
the same time, unless the scallop dredge vessel qualified for a limited 
access NE multispecies combination permit. In addition, vessels issued 
a limited access Atlantic sea scallop trawl permit and a limited access 
NE multispecies permit can not use scallop dredge gear unless it 
voluntarily relinquishes its limited access NE multispecies permit. 
Amendment 16 proposes to remove these restrictions and allow a vessel 
to be issued both a limited access NE multispecies permit and a limited 
access Atlantic sea scallop permit at the same time. In addition, this 
change would allow the owner of a vessel currently issued a limited 
access Atlantic sea scallop trawl permit to convert to a dredge gear 
permit without relinquishing his/her limited access NE multispecies 
permit. This provision is intended to increase the flexibility of 
vessel operations by eliminating restrictions that limit participation 
in both the Atlantic sea scallop fishery and the NE multispecies 
fishery by the same vessel and, thereby, increase the potential return 
on investments in both fisheries.

8. Recordkeeping and Reporting Requirements

VTRs

    Under the current regulations, all operators of vessels issued a 
Federal fishing permit, with the exception of vessels issued an 
American lobster permit, must submit a VTR within 15 days after the end 
of the reporting month. These VTRs specify gear used, area fished, and 
amount of each species kept and discarded, as well as other pertinent 
information for each fishing trip. VTRs are used to apportion catch to 
stock areas for catch monitoring and stock assessment purposes. Current 
VTR submission requirements result in delays in receiving and 
processing VTRs, making them unusable for the timely monitoring of 
either Sector catch or ACLs at the stock level, both of which rely upon 
catch, area, and gear information contained in VTRs.
    Neither Amendment 16, nor any other previous Council action in the 
FMP, specified the VTR submission requirements, but rather deferred 
specification of such requirements to NMFS. Because of the need for 
more real-time data to implement ABCs, ACLs, and Sector provisions 
under Amendment 16, NMFS is proposing to increase the reporting 
frequency for VTRs for all vessels issued a NE multispecies permit. The 
VTR submission requirements would change from requiring submission of 
VTRs within 15 days after the end of the reporting month to requiring 
that VTRs, including ``did not fish reports,'' be submitted by midnight 
of the first Tuesday following the end of the reporting week (i.e., 
0001 hr local time Sunday through 2400 hr local time the following 
Saturday). The date when fish are offloaded would dictate the reporting 
week for which the VTR must be submitted to NMFS, and any fishing 
activity during a particular reporting week (i.e., starting a trip, 
landing, or offloading catch) would constitute fishing during that 
reporting week, and would eliminate the need to submit a negative 
fishing report to NMFS for that reporting week. For example, if a 
vessel issued a NE multispecies permit begins a fishing trip on 
Wednesday, but returns to port and offloads its catch on the following 
Thursday (i.e., after a trip lasting 8 days), the VTR for that fishing 
trip would need to be submitted by midnight Tuesday of the third week, 
but a negative report (i.e., a ``did not fish'' report) would not be 
required for either week. These measures would make the VTR submission 
requirements consistent with dealer report submission requirements and 
would increase the accuracy and timeliness of catch data available for 
monitoring and assessment purposes under this action.

Area Declarations

    Amendment 16 proposes to establish four broad stock areas that 
encompass multiple statistical areas for the purposes of providing more 
accurate and timely data to apportion catch to individual stock areas, 
including providing area information for stock apportionment if VTR 
data are missing or delayed. Operators of all vessels issued a limited 
access NE multispecies permit that are fishing for NE multispecies 
under a NE multispecies DAS, under the provisions of a small vessel 
category (Category C) or Handgear A permit, or on a Sector trip would 
be required to declare their intent to fish in one or more of these 
broad stock areas via their vessel monitoring system (VMS) prior to 
each trip on which NE multispecies may be landed. In addition, all 
vessels would be required to submit the VTR serial number associated 
with the first page of the VTR for that trip, as instructed by the 
Regional Administrator. The VTR serial number would be used to link 
VTRs with dealer reports and VMS data to increase the accuracy of data 
used for monitoring catch.

Trip-level Catch Reports

    If the operator of a limited access NE multispecies vessel, 
including vessels issued a limited access Handgear A permit, declares 
his/her intent to fish in multiple broad stock areas on the same

[[Page 69394]]

trip, as described above, the operator would be required to submit a 
trip-level catch report to NMFS via VMS that details the amount of each 
NE multispecies regulated species or ocean pout species kept (in 
pounds, landed weight) from each broad stock area on that trip prior to 
crossing the VMS demarcation line upon the return to port, as 
instructed by NMFS. This report would be required for such trips unless 
the vessel is required to submit a daily VMS catch report when 
operating in one of the special management programs (SMPs), as 
described further below. These reports would be used to provide more 
timely data on catch apportionment to stock areas until VTR data become 
available.
    Amendment 16 proposes that vessels fishing in multiple broad stock 
areas would be required to submit daily VMS catch reports. However, 
Amendment 16 also provides NMFS with the ability to specify other 
reporting procedures to reduce unnecessary duplication. Therefore, as 
noted above, NMFS is proposing to require trip-level VMS catch reports 
instead of daily catch reports to minimize the reporting burden on 
vessels without compromising data available to accurately monitor NE 
multispecies regulated species and ocean pout catch. In addition, 
Amendment 16 would authorize NMFS to exempt a vessel participating in 
an approved Sector from the trip-level VMS catch reports when declaring 
its intent to fish in multiple broad stock areas to reduce unnecessary 
duplication. At this time, NMFS has determined that these trip-level 
catch reports are necessary to accurately monitor NE multispecies 
regulated species and ocean pout catch by all NE multispecies vessels, 
including those that are fishing under an approved Sector operations 
plan. If further review of available catch monitoring data indicates 
that trip-level catch reports are no longer necessary to accurately 
monitor NE multispecies regulated species and ocean pout catch, and 
duplicate other available catch data, NMFS may exempt Sector vessels 
from such reporting requirements during subsequent FYs.

SMP Reporting Requirements

    Amendment 16 would maintain the existing reporting requirements for 
vessels that participate in a SMP (i.e., SAPs, the U.S./Canada 
Management Area, and the Regular B DAS Program), unless otherwise noted 
below for vessels participating in an approved Sector. All of these 
programs require vessel operators to submit a daily VMS catch report 
detailing the amount of each species kept and discarded, the 
statistical area fished, the VTR serial number for that trip, and the 
date the fish were caught. In Framework Adjustment 42 (October 23, 
2006; 71 FR 62156), the Council adopted, and NMFS approved, universal 
reporting requirements for SMPs to reduce complexity and increase data 
quality for the purposes of monitoring catch in these programs. As 
described above, Amendment 16 would also require all NE multispecies 
vessels to submit a trip-level catch report when fishing in multiple 
broad stock reporting areas. To maintain consistency with the Council's 
intent to streamline the reporting requirements and minimize the time 
and cost burden associated with such reporting requirements, NMFS 
proposes to revise the daily VMS catch report for SMPs to reflect the 
requirements outlined in the trip-level catch reports described above. 
This would eliminate the current requirement for vessel operators 
fishing in SMPs to report species discards and statistical area fished, 
but would require vessel operators to specify the VTR serial number or 
other universal trip ID specified by NMFS, the date fish were caught 
(applicable only for SMP trips), and the amount of each species kept in 
each broad stock reporting area.
    Amendment 16 proposes that Sector vessels participating in SMPs 
would be required to comply with the SMP-specific reporting 
requirements, but would specifically provide the Regional Administrator 
with the authority to remove SMP-specific reporting requirements if it 
is determined that the reporting requirements are unnecessary. At this 
time, NMFS has determined that daily SMP-specific VMS catch reports for 
vessels participating in Sectors are unnecessary, because Sectors would 
be allocated ACE for most NE multispecies regulated species and ocean 
pout stocks and, therefore, would not be subject to any SMP-specific 
TACs or other restrictions on catch; would be responsible for ensuring 
that Sector allocations are not exceeded; and would provide sufficient 
information to monitor all Sector catch through the submission of 
weekly Sector catch reports described further in Item 14 of this 
preamble. Consistent with Amendment 16, NMFS is proposing to retain the 
authority to reinstate such reporting requirements if it is later 
determined that the weekly Sector catch reports are insufficient to 
adequately monitor catch by Sector vessels in SMPs. This exemption from 
the SMP reporting requirements for Sector vessels would not apply to 
vessels participating in the Closed Area (CA) I Hook Gear Haddock SAP. 
This SAP includes an overall haddock TAC that is applicable to both 
Sector and common pool vessels fishing in this SAP. Therefore, the 
existing requirement for Sector managers to provide daily catch reports 
by participating Sector vessels would be maintained.

Dealer Reporting and Record Retention Requirements

    Because Amendment 16 would implement new requirements for dockside/
roving monitors for common pool vessels beginning in FY 2012, and for 
Sector vessels beginning in FY 2010, as described in Items 6 and 14 of 
this preamble, respectively, the dealer reporting and record retention 
requirements currently specified in Sec.  648.7(a) and (e), 
respectively, need to be revised to accommodate additional reporting 
requirements associated with these measures. Specifically, NMFS is 
proposing to require dealers to provide a copy of any dealer weigh-out 
documents or dealer receipts for a particular offloading event to 
dockside/roving monitors, allow the dockside/roving monitor to sign a 
copy of the official weigh-out document or dealer receipt retained by 
the dealer, or sign a dockside monitoring report provided by a 
dockside/roving monitor. In addition, this proposed rule would require 
vendors providing dockside/roving monitor services to retain and make 
available for review any records relating to fish offloaded and 
observed by dockside/roving monitors for 3 yr after the fish were first 
offloaded. This measure is intended to maintain consistency with 
existing record retention requirements and facilitate enforcement of 
measures proposed under Amendment 16.

Pre-Trip Observer Notification

    To better monitor NE multispecies regulated species and ocean pout 
catch under Amendment 16, NMFS is likely to receive sufficient funding 
to increase observer coverage in the NE multispecies fishery for FY 
2010 and, possibly, 2011. At this time, funding is likely available to 
observe up to 30 percent of common pool trips, and up to 38 percent of 
Sector trips. To ensure that NMFS can achieve targeted observer 
coverage levels, the NMFS Northeast Fisheries Observer Program (NEFOP) 
needs additional information to facilitate the deployment of observers 
on trips that would land NE multispecies regulated species and ocean 
pout. Therefore, based on the authority provided the Secretary to 
request additional information to

[[Page 69395]]

implement an FMP in sections 305(d) and 402(a) of the Magnuson-Stevens 
Act, NMFS is proposing to require that any vessel issued a limited 
access NE multispecies permit and fishing under a NE multispecies DAS 
or on a Sector trip provide NMFS with the vessel name, permit number, 
and Sector to which the vessel belongs, if applicable; contact name and 
telephone number for coordination of observer deployment; date, time, 
and port of departure; area to be fished; and gear type to be used at 
least 48 hr prior to departing port on any trip declared into the NE 
multispecies fishery. For trips lasting 48 hr or less, the vessel 
owner, operator, or manager would be able to make a weekly 
notification, rather than a separate notification prior to each trip. 
Such weekly notifications must occur by 0001 hr of the Friday preceding 
the week (Sunday through Saturday) that they intend to complete at 
least one NE multispecies DAS or Sector trip during the following week. 
Trip notification calls must be made no more than 10 days in advance of 
each fishing trip. NMFS would inform the vessel whether an observer has 
been assigned for that trip, or a waiver issued within 24 hr of 
notification. This pre-trip notification would fulfill the current and 
proposed observer notification requirements for trips into SMPs. 
However, if funding is no longer sufficient to provide high levels of 
observer coverage for the entire fishery, the Regional Administrator 
may eliminate this pre-trip notification requirement for all trips, as 
it would no longer be necessary to facilitate observer deployment for 
all NE multispecies vessels. If this occurs, the pre-trip observer 
notification requirements for trips into SMPs would remain in effect.
    Public comment is sought specifically regarding: (1) Whether this 
proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information shall have practical utility; the accuracy of the burden 
estimate; (2) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (3) ways to minimize the burden of the 
collection of information, including through the use of automated 
collection techniques or other forms of information technology. In 
particular, NMFS is seeking comment on reporting requirements that were 
not specifically detailed in the Amendment 16 FEIS, but may be 
considered necessary to carry out Amendment 16 measures. These measures 
include the increased frequency of VTR submissions; pre-trip observer 
notification to facilitate observer deployment; and hail reports 
required for dockside and at-sea monitoring requirements specified in 
Items 6 and 15 of this preamble, respectively. Send comments on these 
or any other aspects of the collection of information to (enter office 
name) at the ADDRESSES above and by e-mail to [email protected] or fax to (202) 395-7285.

9. Effort Controls

    Amendment 16 proposes a number of revisions to existing effort 
controls, including revisions to NE multispecies DAS allocations, NE 
multispecies DAS accrual provisions, gear restricted areas, and trip 
limits, as described in further detail below. These effort controls 
would apply to vessels fishing under the provisions of the common pool.
    When the Council adopted Amendment 16, the effort controls selected 
were expected to meet the necessary mortality reductions for all 
stocks, with the exception of SNE/MA winter flounder and northern 
windowpane flounder, as estimated by the Groundfish PDT based upon 
earlier guidance by the SSC regarding ABCs. As described above, 
Amendment 16 proposes to implement measures that would eliminate 
targeting of SNE/MA winter flounder and reduce discards in other trawl 
fisheries to reduce F on SNE/MA as close to zero as practicable. A 
similar approach is proposed for northern windowpane flounder, but a 
Frebuild cannot be calculated due to uncertainty in the 
assessment for this stock and, therefore, the effort controls described 
below would reduce F to the extent practicable.

DAS Allocation

    Amendment 16 would revise the way NE multispecies DAS allocated to 
both common pool and Sector vessels would be distributed between 
Category A and Category B DAS, as originally implemented under 
Amendment 13. Starting in FY 2010, common pool vessels would have their 
DAS allocations distributed as follows: Category A DAS would represent 
27.5 percent of a vessel's Amendment 13 DAS baseline, Category B 
Regular DAS would represent 36.25 percent of the Amendment 13 DAS 
baseline, and Category B Reserve DAS would represent 36.25 percent of 
the Amendment 13 DAS baseline. For example, a vessel with an Amendment 
13 DAS baseline of 88 DAS would be allocated 24.2 Category A DAS, 31.9 
Category B Regular DAS, and 31.9 Category B Reserve DAS. This 
represents a 50-percent reduction from each vessel's 2006 DAS 
allocation, or an approximately 32-percent reduction from each vessel's 
2009 DAS allocation.
    Amendment 16 would exempt Sector vessels from the DAS allocation 
reductions for common pool vessels because such vessels would be 
subject to hard TACs to control fishing effort. As a result, Amendment 
16 would retain the existing 2009 DAS allocations for vessel's 
participating in a Sector for the purposes of participating in the 
monkfish fishery, a fishery that still requires the concurrent use of a 
NE multispecies DAS with a monkfish DAS for vessels issued a limited 
access Category C and D monkfish permit. If a vessel fishes in the 
common pool in one FY, but in an approved Sector during the next FY, 
its DAS allocation for each FY would reflect whether the vessel is 
fishing under the common pool, or participating in an approved Sector.

DAS Counting

    Under Amendment 16, all NE multispecies DAS used by vessels fishing 
in the common pool would be counted in 24-hr increments, based upon the 
time called into the DAS program via VMS or the interactive voice 
response (IVR) system. For example, if a vessel fished 6 hr, it would 
be charged for 24 hr of DAS usage; a vessel that fished 25 hr would be 
charged for 48 hr of DAS usage. The existing differential DAS counting 
areas and minimum DAS charge for Day gillnet vessels (i.e., the 3-15 
DAS counting rule where Day gillnet vessels were charged 15 hr for any 
trip greater than 3 hr or less than or equal to 15 hr in duration, but 
actual time fished for any trip less than or equal to 3 hr or greater 
than 15 hr in duration) would be eliminated.
    Although Amendment 16 would exempt vessels participating in a 
Sector from the requirement to use a NE multispecies DAS to land NE 
multispecies regulated species and ocean pout, vessels issued a limited 
access Category C or D monkfish permit would still be required to use a 
NE multispecies DAS to comply with the restrictions of the monkfish 
fishery. As a result, because Sector vessels would be exempt from the 
Amendment 16 NE multispecies DAS counting provisions for common pool 
vessels, Sector vessels issued a limited access Category C or D 
monkfish permit fishing under a monkfish DAS would be charged NE 
multispecies DAS to the nearest minute based upon the time called into 
the DAS program via VMS or the IVR call-in system. Similarly, Sector 
vessels fishing under the Day gillnet designation (i.e., those vessels 
that return to port after setting their gillnets) would no longer be

[[Page 69396]]

subject to the existing NE multispecies Day gillnet DAS counting 
provisions, as described above for common pool DAS counting measures.

Restricted Gear Areas (RGAs)

    Amendment 16 proposes two RGAs for common pool vessels. Both RGAs 
are intended to reduce the catch of flatfish species (predominantly 
SNE/MA winter flounder and SNE/MA yellowtail flounder) through the 
required use of selective gear in areas where these species are caught. 
Under Amendment 16, vessels fishing in either the Western GB RGA or the 
SNE RGA would be restricted to using the following gear: A haddock 
separator trawl, a Ruhle trawl, a rope trawl, longline/tub trawls, 
handgear, or sink gillnets. Tie-down gillnets would be allowed, 
provided the mesh is greater than or equal to 10 inches (25.4 cm). Gear 
other than those listed above would not be allowed on board when 
fishing within these RGAs. The Regional Administrator could approve the 
use of additional gear within these RGAs, provided the new gear meets 
the standards established for the approval of additional gear in SMPs. 
The existing gear performance standards would apply to gear used in 
these areas to ensure that selective gear is used properly (e.g., 
restrictive trip limits for flatfish and other bottom-oriented species, 
such as 500 lb (226.8 kg) of all flatfish species combined, and zero 
lobsters). Common pool vessels fishing in the RGAs would be required to 
declare into these areas via VMS, as instructed by the Regional 
Administrator. In lieu of a VMS declaration, the Regional Administrator 
may authorize such vessels to obtain a letter of authorization (LOA) to 
fish in these RGAs. The minimum participation period for these LOAs 
would be 7 consecutive days, meaning that a vessel must agree to fish 
in these areas for a minimum of 7 consecutive days. If issued a LOA, a 
vessel must retain the LOA on board for the duration of the 
participation period. A vessel could fish inside and outside of these 
RGAs on the same trip, but would be subject to the most restrictive 
measures (gear, trip limits, etc.) for the areas fished for the entire 
trip. A vessel fishing outside of these areas could transit the RGAs, 
provided gear other than the selective gear specified above is properly 
stowed.
    Both the areas and the gear required to be used in these areas are 
further defined in this proposed rule. NMFS based the proposed 
definition of the rope trawl upon the description of the net in the 
final report of the research project that designed and tested this net, 
referenced in the Amendment 16 FEIS, and consultations with the 
industry gear experts, research scientists, and vessel operators that 
designed the net. NMFS is specifically seeking public comment on the 
description of the rope trawl. The coordinates proposed for the SNE 
Multispecies RGA have been slightly revised from those proposed in 
Amendment 16 to more accurately outline the proposed areas and reflect 
the area adopted by the Council, as depicted in Figure 4 of the 
Amendment 16 FEIS, as it intersects with the coastline of Martha's 
Vineyard, MA.

Trip Limits

    In conjunction with the DAS restrictions described above, the 
following changes to trip limits are proposed:
    GOM cod: The possession limit would be increased to 2,000 lb (907.2 
kg) per DAS, up to 12,000 lb (5,443.2 kg) per trip for vessels fishing 
under a NE multispecies DAS or under the Small Vessel permit exemption 
(Category C permit).
    GB cod: The possession limit would be increased to 2,000 lb (907.2 
kg) per DAS, up to 20,000 lb (9,072 kg) per trip for vessels fishing 
under a NE multispecies DAS or under the Small Vessel permit exemption. 
The existing trip limit for GB cod caught within the Eastern U.S./
Canada Area or the Eastern U.S./Canada Haddock SAP would remain the 
same, at 500 lb (226.8 kg) per DAS, up to 5,000 lb (2,268 kg) per trip; 
and 1,000 lb (453.6 kg) per trip, respectively. Consistent with 
existing regulations, a vessel would need to declare its intent to fish 
exclusively within the GB Regulated Mesh Area (RMA) via VMS to be 
exempt from the GOM cod limit of 12,000 lb (5,443.2 kg) per trip.
    Cod limit for Handgear A vessels: The possession limit would 
increase to 750 lb (340.2 kg) per trip, consistent with the automatic 
possession limit adjustment provision implemented under Amendment 13.
    Cod limit for Handgear B vessels: The possession limit would 
increase to 200 lb (90.7 kg) per trip, consistent with the automatic 
possession limit adjustment provision implemented under Amendment 13.
    CC/GOM and SNE/MA yellowtail flounder: The possession limit would 
increase to 250 lb (113.4 kg) per DAS, up to 1,500 lb (680.4 kg) per 
trip.
    GB yellowtail flounder: There would be no possession limit 
specified for this stock at the beginning of the FY. However, the 
Regional Administrator could implement a possession limit either prior 
to, or during, the FY to prevent the available GB yellowtail flounder 
TAC specified for common pool vessels fishing in the U.S./Canada 
Management Area from being exceeded.
    Atlantic halibut: The current trip limit of one fish per trip would 
be maintained.
    SNE/MA winter flounder, windowpane flounder, ocean pout, and 
Atlantic wolffish: Landing of these stocks would be prohibited in any 
fishery.
    In addition to the trip limits specified above, Amendment 16 
proposes additional restrictions on the amount of fish that a vessel 
could land. Under Amendment 16, only one landing limit of regulated 
species could be landed in any 24-hr period by any vessel fishing under 
the common pool. If fishing in multiple stock areas, the most 
restrictive possession limit would apply to the entire trip. Because 
DAS used by common pool vessels would be counted in 24-hr increments, 
the existing cod running clock provision would be eliminated under 
Amendment 16. This provision allowed a vessel that fished only part of 
an additional DAS to land an additional day's worth of cod, provided 
the vessel declared the additional landings to NMFS so that up to an 
additional 24 hr of DAS could be charged for that trip.

GOM Haddock Sink Gillnet Pilot Program

    Amendment 16 proposes to implement a pilot program that would allow 
common pool vessels to fish with 6-inch (15.24-cm) mesh stand-up sink 
gillnets (tie-down gillnets would be prohibited) in the GOM RMA between 
January 1 through April 30 of each year. Day gillnet vessels would not 
be able to fish with, possess, haul, or deploy more than 30 nets per 
trip, but Trip gillnet vessels would not be limited in the number of 
nets they could fish with, possess, haul, or deploy. Vessels 
participating in this program would be required to use Category A DAS 
for any fishing trip taken during the season specified for this program 
(i.e., any trip between January 1 and April 30), regardless of whether 
catch is landed (i.e., a Day gillnet vessel would be required to use 
Category A DAS to deploy gillnets). Participating vessels would be 
required to declare their intent to participate in this pilot program 
by October 1 of each year. The Regional Administrator would issue LOAs 
to participating vessels that must be carried on board during the 
season specified for this pilot program. In addition, vessels would be 
required to notify the NMFS Observer Program at least 48 hr prior to 
every trip under this pilot program to facilitate the

[[Page 69397]]

deployment of observers. This pilot program would be in place for FY 
2010 through FY 2012, unless continued through a future Council action. 
The Regional Administrator could suspend participation in this pilot 
program by individual vessels or by all vessels if the program is 
determined to be inconsistent with the goals and objectives of the FMP.
    As identified in a February 6, 2009, letter to the Council, NMFS 
considers this pilot program a SAP, as defined in Section 3.4.5.2 of 
the SEIS for Amendment 13, as it intends to facilitate the targeting of 
a healthy NE multispecies stocks in a manner that would otherwise be 
prohibited. In this case, the pilot program would target haddock by 
allowing vessels to use undersized mesh in the GOM RMA. Because NMFS 
considers this pilot program a SAP, the criteria adopted in Amendment 
13 to approve a SAP should be applied. Among other things, to be 
approved, a SAP must not result in overfishing of any stock, or 
increase F on a stock of concern (defined as a stock subject to 
overfishing or that is overfished), and must reduce discards to the 
extent practicable on all species. Amendment 13 also indicates that a 
SAP should not undermine the achievement of the goals of the FMP, 
including efforts to rebuild overfished stocks, end overfishing, and 
minimize bycatch. NMFS is specifically seeking public comment regarding 
this Pilot Program and whether the SAP approval provisions should apply 
when deciding whether to approve this SAP under Amendment 16.

10. DAS Leasing and Transfer Programs

    Amendment 16 includes several revisions to the DAS Leasing and 
Transfer Programs that are intended to eliminate unnecessary 
administrative procedures that would impede participation in these 
programs, as follows. Existing restrictions on leasing DAS between 
vessels participating in Sectors and those fishing in the common pool 
would be continued under Amendment 16. A similar restriction on DAS 
transferred under the DAS Transfer Program is proposed under Amendment 
16, as further described in Item 14 of this preamble.

Eligibility

    The DAS Leasing and Transfer Programs were first implemented under 
Amendment 13 to increase the economic efficiency of vessel operations 
by allowing vessels to acquire additional DAS, or lease unused DAS to 
another vessel. Amendment 13 prohibited permits held in confirmation of 
permit history (CPH) from participating in these programs to slow the 
reactivation of fishing effort. Because permits in CPH can be 
reactivated at any time, the Amendment 13 prohibition created an 
administrative barrier to reactivation of such effort. Amendment 16 
would eliminate this administrative barrier by allowing permits held in 
CPH to participate in the DAS Leasing and Transfer Programs without 
being activated by being placed onto a vessel. Because of continued 
effort controls proposed under Amendment 16, the concern that 
participation of permits in CPH would speed up the activation of effort 
is somewhat mitigated, while providing greater opportunities to 
increase the efficiency of vessel operations.

DAS Transfer Conservation Tax

    In addition to increasing the flexibility and economic efficiency 
of fishing operations, the DAS Transfer Program was intended to provide 
long-term reduction in fishing effort by reducing active and inactive 
DAS from the fishery through the implementation of a conservation tax 
on DAS transferred under this program. However, no permits participated 
in this program until the DAS conservation tax was reduced from 40 
percent to 20 percent on Category A and B DAS, in conjunction with 
other changes to the program, under Framework Adjustment 42 in FY 2006. 
While some vessel owners have consolidated DAS and permits under this 
program since FY 2006, in large part, the efficiency and conservation 
gains expected from this program have not materialized due to low 
participation in this program. Amendment 16 proposes to eliminate the 
DAS conservation tax entirely to increase participation in this 
program. Any DAS reduced due to the conservation tax applied to 
previously approved transfers would not be reinstated.

DAS Leasing Cap

    When Amendment 13 first implemented the DAS Leasing Program, a cap 
was placed on the number of DAS a vessel could acquire to reduce the 
possibility that a vessel would accumulate excessive DAS. This cap was 
based upon the 2001 DAS allocation of the vessel acquiring DAS from 
another vessel. Because the concurrent implementation of the DAS 
Transfer Program allowed vessel owners to consolidate DAS allocations 
associated with each permit, it was realized that the DAS leasing cap 
could be circumvented by consolidating permits under the DAS Transfer 
Program. In addition, with the continued reduction of DAS, including an 
additional 32-percent reduction in DAS allocations for common pool 
vessels under Amendment 16, the DAS leasing cap imposes a barrier that 
prevents vessels from acquiring sufficient DAS to remain economically 
viable. Therefore, Amendment 16 would eliminate the DAS leasing cap. 
There would be no limit on the number of DAS that a permit holder could 
lease from another permit holder.

11. Minimum Fish Size

    Although the 2009 interim rule reduced the haddock minimum fish 
size from 19 inches (48.3 cm) to 18 inches (45.7 cm), the FMP still 
includes a minimum fish size of 19 inches (48.3 cm) for haddock and a 
minimum fish size of 36 inches (91.4 cm) for Atlantic halibut. Because 
of slower than expected growth rates, large amounts of undersized 
haddock are being discarded. Since both stocks of haddock are rebuilt, 
Amendment 16 proposes to reduce the minimum fish size to 18 inches 
(45.7 cm) for all NE multispecies vessels, including both commercial 
and recreational vessels, to reduce discards and increase landings of 
this healthy species. In addition, GARM III indicated that the median 
length at maturity for female halibut in the GOM is 41 inches (104.1 
cm). Because this stock is overfished, Amendment 16 proposes to 
increase the minimum fish size for halibut to 41 inches (104.1 cm) for 
both commercial and recreational vessels to increase opportunities for 
halibut to spawn prior to capture, thereby increasing the likelihood 
that this stock will meet rebuilding objectives.

12. SMPs and SAPs

    Amendment 16 proposes several changes to existing SAPs for both 
common pool vessels and those fishing in an approved Sector, as 
described in further detail below.

U.S./Canada Management Area

    In 2006, Framework Adjustment 42 increased the flexibility of 
vessel operations in the Eastern U.S./Canada Area by allowing vessels 
fishing in the area to fish both inside and outside of the Eastern 
U.S./Canada Area on the same trip. As part of that provision, all catch 
of cod, haddock, and yellowtail flounder would count against the 
Eastern U.S./Canada TACs for GB cod and GB haddock, and the overall TAC 
for GB yellowtail flounder. This proposed rule would revise this 
provision to accommodate the allocation of these stocks to Sectors, as 
proposed in Amendment 16.

[[Page 69398]]

Incidental Catch TAC

    In 2004, Framework Adjustment 40A (November 19, 2004; 69 FR 67780) 
developed incidental catch TACs to limit the catch of species of 
concern (i.e., stocks that were overfished or subject to overfishing) 
when vessels were targeting healthier NE multispecies regulated species 
or ocean pout stocks under a Category B DAS in SMPs. In subsequent 
actions, incidental catch TACs were added for several species and 
adjustments were made in the size and distribution of these TACs to 
accommodate revised stock status and new SMPs, respectively. Amendment 
16 continues to revise incidental catch TACs to accommodate the 
development of ACLs and the incorporation of pollock as a stock of 
concern. Proposed incidental catch TACs would be based upon the ACL 
available to the commercial common pool fishery, as only common pool 
vessels would be able to participate in these programs under a Category 
B DAS.
    Under Amendment 16, the existing specification of incidental catch 
TACs for all stocks would remain the same, but a pollock incidental 
catch TAC would be specified based upon 2 percent of the ACL available 
to common pool vessels. This incidental catch TAC would be distributed 
to all SAPs, as follows: 50 percent to the Regular B DAS Program, 16 
percent to the CA I Hook Gear Haddock SAP, and 34 percent to the 
Eastern U.S./Canada Haddock SAP. Consistent with existing SAP 
provisions, once the pollock incidental catch TAC is projected to be 
caught by common pool vessels, the use of Category B DAS in that 
particular SAP would be prohibited for the remainder of the season, as 
specified by the Regional Administrator.

Eastern U.S./Canada Haddock SAP

    The Eastern U.S./Canada Haddock SAP was implemented as a 2-year 
pilot program under Framework Adjustment 40A in 2004. Framework 
Adjustment 42 extended this SAP for an additional 2 years in 2006. The 
2009 interim action extended this SAP throughout FY 2009. Amendment 16 
would extend this SAP indefinitely. In addition, Amendment 16 would 
allow participating vessels to use codends with a minimum mesh size of 
6 inches (15.24 cm) diamond or square mesh. All catch by Sector vessels 
would count against the Sector's allocation for each stock, including 
those specific to the Eastern U.S./Canada Area. Because Sectors would 
be restricted by their allocations for each stock, Sector vessels would 
not be restricted in the gear that could be used when participating in 
this SAP. Sector vessels would be allowed to continue to fish in this 
Eastern U.S./Canada Area Haddock SAP for the entire season specified 
for this SAP as long as the Sector to which they belong has been 
allocated quota for all stocks caught in this SAP.

CA I Hook Gear Haddock SAP

    The CA I Hook Gear Haddock SAP would be revised to expand both the 
area and the season of this SAP under Amendment 16. The season would be 
extended to run from May 1 through January 31. The seasonal split 
between Sector and common pool vessels implemented by Framework 
Adjustment 41 (September 14, 2005; 70 FR 54302) would be eliminated, 
meaning that both Sector vessels and common pool vessels would be able 
to fish under this SAP throughout the proposed season, provided the 
Sectors to which Sector vessels belong have been allocated quota for 
all stocks caught in this SAP. Accordingly, the division of the 
available GB haddock quota between Sector and common pool seasons would 
be eliminated as well. Once the available GB haddock quota specified 
for the SAP is caught, the SAP would be closed to all vessels, 
including Sector vessels. The SAP area would be extended to cover most 
of the northern portion of CA I, as described further in this proposed 
rule. All other requirements of this SAP would be unchanged by 
Amendment 16. These modifications are intended to facilitate the 
harvest of the available GB haddock resource.
    When Framework Adjustment 41 was adopted by the Council, it 
included a provision that prohibited vessels participating in the SAP 
from using squid or mackerel for bait, or even possessing squid or 
mackerel on board the vessel during a trip into the SAP. These 
prohibitions on the use of particular bait were intended to reduce the 
catch rates of cod in this SAP. However, this provision was never 
included in the final rule implementing that action. Accordingly, this 
action would implement the prohibitions that should have been 
implemented as part of Framework Adjustment 41.

SNE/MA Winter Flounder SAP

    The SNE/MA Winter Flounder SAP originally implemented under 
Amendment 13 would be eliminated under Amendment 16. This SAP was 
developed to reduce discards in the fluke fishery by allowing vessels 
targeting fluke west of 72[deg] 30' W. long. using small mesh to retain 
up to 200 lb (90.7 kg) of SNE/MA winter flounder per trip without using 
a NE multispecies DAS. Because F on SNE/MA winter flounder must be 
reduced to as close to zero as practicable, and because no vessels 
would be allowed to possess SNE/MA winter flounder under Amendment 16, 
continuation of this SAP would not be appropriate until improving stock 
conditions warrant its re-implementation.

CA II Yellowtail Flounder/Haddock SAP

    The CA II Yellowtail Flounder SAP was first implemented under 
Amendment 13 to facilitate the harvest of GB yellowtail flounder in CA 
II at a time when the resource was considered healthy. Since then, 
however, updated assessments have indicated that the stock has been 
determined to be overfished and subject to overfishing. Under Framework 
Adjustment 40B (June 1, 2005; 70 FR 31323), language was added to the 
regulations to allow the Regional Administrator to specify zero trips 
into this SAP (i.e., close this SAP) if there was insufficient GB 
yellowtail flounder to support a fishery both inside and outside of CA 
II.
    Catch of GB haddock has been well below target TAC levels for 
several years, particularly in light of several large yearclasses being 
recruited into the fishery. As a result, Amendment 16 proposes to 
revise the CA II Yellowtail Flounder SAP to facilitate the harvest of 
GB haddock within CA II, even when the CA II Yellowtail Flounder SAP is 
closed to targeting GB yellowtail flounder. This revised SAP would 
build upon the existing provisions of the CA II Yellowtail Flounder SAP 
by modifying the gear requirements and season when the area is open to 
targeting haddock. If and when the SAP is open to targeting yellowtail 
flounder, as currently defined in the regulations based upon the amount 
of GB yellowtail flounder available, the existing CA II Yellowtail 
Flounder SAP provisions apply. This includes the season (July 1 through 
December 31), individual vessel trip limits (one trip per vessel per 
month), cumulative fishery trip limits (320 trips per year, unless 
otherwise specified by the Regional Administrator), gear requirements 
(one of two types of flounder nets specified in the regulations, the 
haddock separator trawl, or the Ruhle trawl), GB yellowtail flounder 
trip limit (between 10,000-30,000 lb (4,536-13,608 kg) per trip), GB 
cod trip limit (1,000 lb (453.6 kg) per trip), and other provisions. 
When the SAP is not open to the targeting of GB yellowtail flounder, 
either because there is insufficient GB yellowtail flounder available 
to open the

[[Page 69399]]

SAP, or because the maximum number of trips has been taken, the SAP 
would be open to target GB haddock, provided the Eastern GB haddock ACL 
has not been caught by common pool vessels, or there is sufficient ACE 
for all stocks caught in the SAP for vessels participating in an 
approved Sector. If the SAP is open to target haddock, the following 
provisions would apply, unless otherwise noted below: Season (August 1 
through January 31), gear requirements (a vessel would not be allowed 
to use a flounder net and would be required to use a haddock separator 
trawl, a Ruhle trawl, or hook gear), trip limits (no haddock trip 
limit, and the existing trip limits for GB cod and GB yellowtail 
flounder), and the existing SAP DAS and discard provisions. All catches 
of GB haddock would apply to the Eastern GB haddock quotas allocated to 
either common pool or vessels participating in individual Sectors. 
Sector vessels would not be subject to the trip limits, limits to the 
number or frequency of trips (i.e., the current restriction of 1 trip 
per month or the maximum 320 trips per year) or DAS restrictions 
specified for this SAP, but would be subject to the gear requirements 
for this SAP. Individual Sector vessels would be allowed to continue to 
fish in this modified CA II Yellowtail Flounder/Haddock SAP should it 
close to common pool vessels, as long as the applicable Sector has 
allocated quota remaining for all stocks caught in this SAP.

13. Recreational Measures

    To ensure that management measures can be tailored to address the 
components of the fishery responsible if mortality targets are 
exceeded, the Council is proposing to allocate portions of the ACL for 
certain NE multispecies regulated species and ocean pout stocks to the 
recreational fishery, as specified above in Item 5 of this preamble. 
Based upon the criteria proposed to allocate NE multispecies regulated 
species and ocean pout stocks between the NE multispecies commercial/
recreational fishery, this action would allocate portions of the GOM 
cod and GOM haddock ACLs to the recreational fishery. Based upon this 
allocation, to meet the target F for GOM cod, Amendment 16 proposes to 
extend the existing seasonal GOM cod prohibition for recreational 
vessels, including both private recreational and charter/party vessels 
for 2 weeks, to run from November 1 through April 15. The adjustment to 
the GOM cod prohibition was considered more effective than bag limits 
or size restrictions at reducing GOM cod catch by all recreational 
vessels, while preserving a higher bag limit considered important for 
the charter/party industry. This allocation would not require any 
additional measures to achieve the target F for GOM haddock.
    Amendment 16 proposes additional changes to recreational measures, 
including the elimination of the limit on the number of hooks that can 
be used, provisions for landing fillets, and the minimum size limits 
for haddock and Atlantic halibut. Amendment 7 to the FMP (May 31, 1996; 
61 FR 27710) first implemented a limit of two hooks per line per angler 
as an effort control in the recreational fishery. Even with this 
restriction, discards by recreational fishermen are expected to 
increase as stocks rebuild. Amendment 16 would eliminate the limit of 
two hooks per line, but would maintain the limit of one line per 
angler. Recreational anglers prefer to land fillets, and some charter/
party operations fillet and skin fish as a service to their customers. 
Amendment 16 would clarify that recreational anglers may land fillets, 
provided there is at least 2 square inches (5.08 square cm) of 
contiguous skin that allows for the ready identification of the fish 
species. Such fillets would be required to be from legal-sized fish, 
but the fillets themselves would not need to meet the minimum size 
requirements in the regulations. This provision is intended to 
facilitate existing practice in the recreational fishery without 
compromising efforts to enforce both size and possession limits in the 
fishery. Amendment 16 would also reduce the minimum size for haddock 
from 19 inches (48.3 cm) to 18 inches (45.7 cm) total length, 
indefinitely, and increase the minimum size for Atlantic halibut from 
36 inches (91.4 cm) to 41 inches (104.1 cm) total length. The existing 
size restrictions for other stocks and the possession restrictions for 
all stocks would be maintained. Atlantic wolffish would be added to the 
FMP, with zero possession allowed for all recreational vessels.

14. Sector Measures

    Amendment 16 builds upon the sector measures implemented under 
Amendment 13 and Framework Adjustment 42 by proposing additional 
sectors and revisions to many existing sector requirements, including 
sector allocation provisions, operations plan requirements, and 
monitoring and reporting requirements, as specified further below. In 
addition to the requirements described below, vessels participating in 
an approved Sector would be required to comply with the Sector-specific 
AMs specified in Item 6 of this preamble, Sector reporting requirements 
described in Item 8 of this preamble, and Sector provisions specified 
for individual SMPs outlined in Item 12 of this preamble.

Sector Eligibility and Definition

    Under the original Sector regulations specified by Amendment 13, 
permits held in CPH were prohibited from participating in a Sector. 
This prohibition appears to be merely an unnecessary administrative 
barrier to participation in Sectors, because permits currently held in 
CPH can be activated at any time by putting the permit onto a skiff 
through a vessel replacement. Amendment 16 would remove this 
prohibition and allow permits held in CPH to join Sectors. In addition, 
under Amendment 13, only vessels issued a NE multispecies DAS permit 
could join Sectors. However, because Amendment 16 proposes to rely upon 
hard TACs to control Sector effort rather than a combination of hard 
TACs and DAS, vessels issued a limited access NE multispecies Handgear 
A permit (a permit that is not subject to DAS effort controls) would be 
eligible to participate in Sectors. Amendment 16 proposes that vessels 
eligible to join Sectors must have been issued a limited access NE 
multispecies permit by April 30, 2008. This date was intended to 
identify permits that were eligible to join Sectors by the start of FY 
2008 on May 1, 2008, in anticipation that Amendment 16 would be 
implemented by May 1, 2009. While April 30, 2008, is the last date a 
vessel could renew its FY 2007 permit, vessels issued permits as of May 
1, 2008, more accurately reflect the Council's intent to identify 
permits that were eligible to join Sectors during FY 2008, as any 
permits that were not renewed as of April 30, 2008, would expire and 
would not be issued a permit as of May 1, 2008. Therefore, NMFS has 
revised the Sector eligibility criteria proposed in Amendment 16 to 
reflect that vessels issued limited access NE multispecies permits as 
of May 1, 2008, not April 30, 2008, are eligible to participate in 
Sectors under Amendment 16. Finally, consistent with the Council's 
Sector policy, Amendment 16 would specify a minimum number of 
participants required to form a Sector by proposing to define a Sector 
as a group of three or more persons, none of whom have an ownership 
interest in the other two persons in the Sector. By specifying that the 
three individuals must not have an ownership interest in one another, 
Amendment 16 attempts to address concerns that Sectors would be a means 
to circumvent the individual

[[Page 69400]]

transferable quota referendum required by the Magnuson-Stevens Act and 
minimizes the administrative burden associated with implementing a 
large number of very small Sectors.

Operations Plan Requirements

    Amendment 13 specified a number of required elements that must be 
included in each Sector operations plan. Amendment 16 would add to 
those requirements to provide additional details regarding Sector 
reporting and monitoring provisions, as well as to better understand 
the composition and effort distribution of participating vessels so 
that the Council can better evaluate the impacts of Sectors. These 
additional operations plan requirements include information about 
overage penalties if a Sector exceeds its allocation for any stock; 
detailed information about the Sector's independent third-party 
dockside/roving monitor service provider that meets NMFS standards to 
monitor Sector landings; detailed information about a monitoring 
program for discards; a list of all Federal and state permits held by 
vessels participating in the Sector; a list of specific ports where 
Sector members will land fish with specific exemptions provided for 
safety, weather, and other reasons; TAC thresholds and how the Sector 
would notify NMFS once the threshold has been reached; identification 
of potential redirection of effort as a result of Sector operations and 
any efforts to limit the adverse effects of such redirection of effort; 
and finally how NE multispecies regulated species or ocean pout would 
be avoided while participating in other fisheries that have a bycatch 
of NE multispecies regulated species and ocean pout if the Sector does 
not anticipate being allocated or acquiring an allocation of NE 
multispecies regulated species from another Sector. This last 
requirement is only required if the Sector anticipates operating in 
this manner. Sector operations plans would be required to be submitted 
by September 1 of each year to ensure that the operations plans and 
associated analysis are reviewed in time to implement such operations 
by the start of the next FY on May 1. Operations plans may address 
sector operations over either a one or a two-year period, provided the 
analysis is sufficient to cover the duration of the applicability of 
the operations plan. The Regional Administrator would review each 
Sector operations plan and associated analysis and approve or 
disapprove such operations, with implementation through publication of 
a rule in the Federal Register.

Universal Sector Exemptions

    Amendment 13 specified that Sectors were not allowed exemptions 
from particular measures, including year-round closures, permitting 
restrictions, gear restrictions designed to reduce habitat impacts, and 
reporting requirements. Amendment 16 proposes to maintain those 
restrictions, but also to specify certain provisions from which all 
Sectors would be exempt. These ``universal exemption'' provisions 
include trip limits on stocks for which the Sector receives an 
allocation (i.e., all stocks except Atlantic halibut, ocean pout, 
windowpane flounder, SNE/MA winter flounder, and Atlantic wolffish); 
seasonal closed areas; NE multispecies DAS restrictions; the 
requirement to use a 6.5-inch (16.5-cm) mesh codend when fishing with 
selective gear (i.e., the haddock separator trawl, the Ruhle trawl, or 
other approved gear) on GB, provided such vessels fish with a 6-inch 
(15.24-cm) mesh codend; and portions of the GOM Rolling Closure Areas 
(a full description of the portions of the GOM Rolling Closure Areas 
applicable to Sectors is further described in this proposed rule). 
These universal exemptions are intended to minimize a Sector's 
analytical and administrative burden associated with requesting such 
exemptions on a yearly basis. Sectors could still request and analyze 
additional exemptions as part of their yearly operations plans, but 
such exemptions would need to be approved by the Regional 
Administrator. The provisions applicable to a Sector, including any 
exemptions from existing regulations, would be specified in a LOA 
issued to Sectors by the Regional Administrator, which must be 
possessed on board participating vessels at all times to facilitate 
enforcement of Sector provisions.

Sector Allocations, Potential Sector Contribution (PSC), and Annual 
Catch Entitlement (ACE)

    When Sectors were first implemented under Amendment 13, Sectors 
were only allocated a hard TAC for GB cod, and relied upon DAS to 
control effort for other stocks. Consistent with the Council's intent 
to transition from input controls to output controls, Amendment 16 
would no longer allow Sectors to use DAS to control effort, relying 
instead on hard TACs to control Sector catch. Under Amendment 16, 
Sectors would be allocated fishery resources for all NE multispecies 
regulated species stocks, with the exception of Atlantic halibut, 
windowpane flounder, Atlantic wolffish, and SNE/MA winter flounder, and 
would not be allocated ocean pout. With the exception of SNE/MA winter 
flounder, these stocks are not allocated to Sectors, because they are 
primarily bycatch species. Accordingly, vessels have very little 
landings history for these stocks that, when combined with small 
overall ACLs, would result in very small Sector allocations for each of 
these stocks, which would complicate and increase the cost of Sector 
monitoring and would likely lead to expansive closures once such small 
allocations are harvested. Instead, the Council has reduced incentives 
to target these particular stocks by proposing to prohibit possession 
of these stocks, with the exception of Atlantic halibut, where only one 
fish per trip would be allowed, consistent with existing regulations. 
Similar possession restrictions are proposed for common pool vessels, 
meaning that the ACLs for these stocks would be used primarily to 
accommodate bycatch in the NE multispecies fishery. Although SNE/MA 
winter flounder would not be allocated to Sectors at this time, if the 
status of SNE/MA winter flounder improves, this stock would be 
allocated in a manner similar to how other stocks would be allocated to 
Sectors, as described below.
    Sector allocations would be in the form of an ACE for each stock, 
or the maximum amount of a particular stock that a Sector could catch--
including both landings and discards--on a yearly basis. Each 
individual Sector's ACE for a particular stock would represent a share 
of that stock's ACL available to commercial NE multispecies vessels 
based upon the cumulative PSCs of vessels participating in each sector. 
A PSC represents an individual permit's share of the ACL for each NE 
multispecies regulated species or ocean pout stock based upon the 
individual permit's dealer landings available to NMFS (see below for 
further detail), including the landings histories for any permit 
histories consolidated onto one vessel prior to May 1, 2008, as part of 
the existing DAS Transfer Program provisions. These PSCs would remain 
with the limited access permit indefinitely, including upon replacement 
of a vessel, or consolidation with another limited access NE 
multispecies permit on another vessel. The ACE allocated to a Sector 
would be valid only for one FY and would be recalculated on a yearly 
basis based upon changes to Sector rosters. While Amendment 13 
specifically restricted the size of an individual Sector allocation to 
no more than 20 percent of the yearly TAC for any NE multispecies 
regulated species or ocean pout stock, Amendment 16

[[Page 69401]]

would eliminate that restriction to further facilitate participation in 
Sectors.
    The PSC for each NE multispecies regulated species or ocean pout 
stock would be based upon historic landings of each stock while 
operating under the restrictions of a limited access NE multispecies 
permit, including NE multispecies regulated species or ocean pout 
caught under a NE multispecies DAS when participating in the skate or 
monkfish fisheries. With the exception of GB cod, the PSC for each 
stock would be calculated by summing the dealer landings for each 
permit during FYs 1996 through 2006. This value would then be divided 
by the total landings of each NE multispecies stock during the same 
period by all permits eligible to join Sectors to get the individual 
permit's share of the available commercial ACL for each stock. The 
landings history for each permit includes all landings that can be 
attributed to that permit. For limited access NE multispecies Handgear 
A permits, this includes landings by the permitted vessel during FYs 
1996 through 2003, before the adoption of the limited access Handgear A 
permit category in 2004. For GB cod, any vessel owner that indicated 
his/her intent to participate in one of the existing sectors (i.e., the 
GB Cod Hook Sector or the GB Cod Fixed Gear Sector) by signing a 
preliminary roster for these sectors by March 1, 2008, would be 
allocated a GB cod PSC based upon documented landings histories of this 
stock between FYs 1996-2001, the years selected to determine the GB cod 
allocation for existing Sectors under Amendment 13. This March 1, 2008, 
date was selected because, at the time, the Council was intending to 
implement Amendment 16 by the start of FY 2009 on May 1, 2009, and 
needed to identify a fixed pool of vessels eligible to participate in 
Sectors so that PSCs could be calculated. A separate GB cod allocation 
for vessels intending to participate in one of the existing Sectors was 
intended to recognize the investment decisions made by such vessels, 
based upon the Sector allocation criteria established under Amendment 
13 in 2004. The value of such investments may be compromised if 
different allocation criteria would have been selected under Amendment 
16. With the one exception for GB cod, the allocation window of FYs 
1996-2006 is intended to provide a large qualification window 
sufficient to smooth out the impacts that yearly changes to regulations 
may have had on an individual vessel's landings history. Each limited 
access NE multispecies permit holder was sent a letter identifying that 
permit's PSC for each stock, as proposed under Amendment 16. A process 
to correct data used to calculate each permit's PSC for each stock was 
outlined in a May 1, 2009, letter to all limited access NE multispecies 
permit holders. This letter is available on the NMFS Northeast Regional 
Office Web site (http://www.nero.noaa.gov).
    Each Sector allocated ACE for stocks managed under the terms of the 
U.S./Canada Understanding (i.e., GB yellowtail flounder, GB cod, and GB 
haddock) would be allocated a specific portion of such ACEs that could 
only be harvested from the Eastern U.S./Canada Area. The ACE specified 
for the Eastern U.S./Canada Area portions of these stocks would be 
proportional to the Sector's allocation of the overall ACL available to 
commercial NE multispecies vessels for these stocks. For example, if a 
Sector is allocated 10 percent of the GB cod ACL available to 
commercial NE multispecies vessels, that Sector would also be allocated 
and allowed to harvest 10 percent of that ACE from the Eastern U.S./
Canada Area. In this example, if the overall GB cod ACL available to 
commercial NE multispecies vessels is 1,000 mt, of which 100 mt is 
specified to the Eastern U.S./Canada Area, this Sector would be 
allocated 100 mt of GB cod, of which 10 mt would be allocated to, and 
could be harvested from, the Eastern U.S./Canada Area.
    A Sector would only be able to fish in a particular stock area if 
it is allocated, or acquires through transferring ACE from another 
Sector, ACE for all stocks allocated to sectors in that stock area. 
Catch for all allocated NE multispecies regulated species or ocean pout 
stocks, including both landings and discards, would count against a 
Sector's ACE for a particular stock. Sector vessels would be required 
to retain all legal-sized NE multispecies regulated species and ocean 
pout and could only discard undersized fish for all allocated stocks. 
Once a Sector's ACE for a particular stock is caught, a Sector would be 
required to cease fishing operations in that stock area until it could 
acquire additional ACE for that stock. If, in a particular FY a Sector 
exceeds its ACE for a particular stock after considering all ACE 
allocated to that Sector or acquired from another Sector, that Sector's 
ACE for that stock would be reduced by the amount of the overage in the 
following FY. If there is insufficient ACE allocated to a particular 
Sector to cover the overage, vessels participating in that Sector would 
not be allowed to fish in the stock area for which the overage occurred 
unless and until that Sector acquires sufficient ACE from another 
Sector to cover the remaining overage (i.e., the overage that exists 
after reducing the ACE for that stock to zero for the following FY). 
For example, if a Sector is allocated 10 mt of GB cod ACE, but catches 
25 mt of GB cod during the previous FY, the GB cod ACE for the 
following FY would be reduced to zero and that Sector would be required 
to acquire at least 5 mt (i.e., 15 mt overage -10 mt ACE allocated = 5 
mt overage remaining) of GB cod ACE in order to fish in the GB cod 
stock area during the following FY. If the Sector disbands, individual 
participating vessels would be subject to a reduction in PSC if 
participating in another Sector, or a reduction in allocated DAS if 
participating in the common pool, proportional to the individual 
vessel's share of the maximum overage that occurred. For example, if a 
Sector exceeds its GB cod ACE by 10 percent and its pollock ACE by 15 
percent, each permit in that particular Sector that enters the common 
pool during the subsequent FY would receive a 15-percent reduction in 
its Category A DAS allocation for that FY. If a Sector comprised of 10 
permits/vessels exceeds its GB cod ACE by 10,000 lb (4,536 kg) during 
the previous FY, but later disbands, each permit in that Sector that 
joins another Sector during the subsequent FY would have its GB cod PSC 
temporarily reduced by 1,000 lb (453.6 kg) during that FY. A Sector 
could also specify additional penalties to participating vessels as 
part of its yearly operations plan. If the Sector does not exceed its 
ACE for any stock, but other vessels in the common pool or another 
Sector exceed their sub-ACLs or ACEs, respectively, the Sector's ACE in 
the following FY would not be reduced as a result of such overages by 
other groups. This is intended to ensure that groups responsible for 
exceeding their portion of the ACL for a particular stock do not 
negatively impact other groups.
    If a Sector exceeds its ACE at the end of the FY, it could be held 
jointly and severally liable for such an overage and may be subject to 
a permanent reduction in the Sector's ACE (i.e., a permanent reduction 
in individual vessel's PSCs) or a withdrawal of the approval of that 
Sector in addition to the penalties described above. Exceeding an ACE 
may be evidence of inadequate monitoring systems, poor compliance with 
an operations plan, or a failure to adhere to other regulatory 
requirements that could potentially result in administrative or 
enforcement action for these shortfalls,

[[Page 69402]]

even if the Sector is able to complete ACE transfers so that an ACE 
overage does not exist at the end of the FY. In addition to ACE 
overages, a Sector and its participants could be held jointly and 
severally liable for discarding legal-sized fish or misreporting catch 
(both landings and discards).
    With the exception of GB yellowtail flounder, a Sector would be 
allowed to carry over up to 10 percent of unused ACE for each stock 
into the following FY, even if a Sector's roster has changed between 
those FYs. Any unused ACE allocated for Eastern GB stocks would 
contribute to the 10-percent carry-over allowance for each stock as a 
whole, but would not increase an individual Sector's allocation of 
Eastern GB stocks during the following year. In addition, a Sector 
would not be allowed to carry over any unused ACE for GB yellowtail 
flounder into the next FY. Although the carry-over provisions specific 
to these stocks are not specifically addressed in Amendment 16, they 
are necessary to effectively implement the provisions proposed under 
Amendment 16 due to the conflict between the proposed carry-over 
provision and the existing U.S./Canada Management Area requirements 
pursuant to the authority granted to the Secretary under section 305(d) 
of the Magnuson-Stevens Act. Because the U.S. portions of the TACs for 
GB yellowtail flounder and Eastern GB cod and Eastern GB haddock are 
specified on a yearly basis as part of the Understanding, allowing 
Sectors to carry over any of these stocks could result in U.S. harvest 
of these stocks exceeding the U.S. portions of these stocks for a 
particular FY if all vessels fully harvested the TACs specified to 
either Sectors or the common pool. This could result in a violation of 
the Understanding and the need to deduct such overages during the 
following year based upon existing regulations implementing the 
Understanding. Therefore, the slightly modified carry-over provisions 
are intended to minimize incentives for Sectors to catch their entire 
ACE in each FY, and is expected to reduce the likelihood that overages 
would occur.

ACE Trading

    All or a portion of a Sector's ACE for any NE multispecies 
regulated species or ocean pout stock may be transferred to another 
Sector at any time during the FY, and up to 2 weeks into the following 
FY. ACE transfers would be approved by the Regional Administrator 
through the submission of an ACE transfer request form that details the 
amount of ACE transferred and any compensation exchanged. The Regional 
Administrator would approve/disapprove such a transfer request based 
upon whether the Sector is compliant with applicable reporting 
requirements, including the weekly Sector catch report described below, 
and individual VTR requirements. Such transfers would only be valid for 
the FY requested on the transfer request form. To ensure that such ACE 
trading does not lead to overfishing, Amendment 16 proposes that NMFS 
would withhold 20 percent of each Sector's ACE for each stock for a 
period of 61 days (i.e., through June 31) to accommodate any transfers 
of ACE late in the FY and to allow sufficient time for NMFS to evaluate 
Sector catch data to determine if an overage actually occurred.

DAS Transfer Requests by Sector Vessels

    The DAS transfer program involves the permanent transfer of a 
vessel's NE multispecies DAS, along with any other limited access 
permits and associated fishing history. Because the fishing history of 
each permit affects the ACE allocated to each Sector, this action would 
allow a Sector vessel to transfer DAS and associated fishing history to 
another vessel participating in that vessel's Sector, but would 
prohibit a Sector vessel from transferring any DAS to or from common 
pool vessels or vessels participating in a different Sector. This is 
necessary to facilitate the administration of the DAS Transfer Program 
without affecting the ACE allocation of each Sector due to such 
transfers.

Sector Monitoring and Reporting Requirements

    Amendment 16 would require Sectors to develop mechanisms to 
adequately monitor catch and discards by participating vessels. One of 
these mechanisms is an independent third-party dockside/roving 
monitoring program that would observe offloads by Sector vessels to 
ensure that landings are accurately reported. This dockside/roving 
monitoring program would be required starting in FY 2010, and would be 
funded by Sectors, unless otherwise specified by NMFS. Dockside 
monitors would observe offloadings directly to a dealer, while roving 
monitors would be used to monitor offloads to a truck for later 
delivery to a dealer. Such a program would need to employ a dockside/
roving monitor service provider approved/certified by NMFS based upon 
specific provider and operational standards developed by the Gulf of 
Maine Research Institute and members of the fishing industry, in 
consultation with NMFS, as further described in this proposed rule. 
During FY 2010, the offloads of 50 percent of trips by each Sector 
would be randomly observed, with 20 percent randomly observed in future 
years. In addition, because discards and area fished are critical 
elements in the monitoring of Sector catch, Sectors would be required 
to develop an adequate independent third-party at-sea/electronic 
monitoring program beginning in FY 2012. This program would be used to 
verify area fished and catch (landings and discards), by species and 
gear type, for the purposes of monitoring Sector ACE utilization. 
Coverage levels would be specified by NMFS on a yearly basis, based 
upon a list of participating vessels and gear types for each Sector. At 
a minimum, such coverage would need to be sufficient to ensure that the 
resulting estimate of discards meets the coefficient of variation 
specified in the Standardized Bycatch Reporting Methodology, but it is 
expected that coverage is likely to be higher than this minimum 
standard due to the need to adequately monitor catch (both landings and 
discards) and to minimize coverage bias in each Sector. Electronic 
monitoring could be used in lieu of actual at-sea monitors, provided 
the technology is deemed sufficient by NMFS for a specific gear type 
and area fished. At this time, NMFS has not deemed electronical 
monitoring technology sufficient for any gear or area fished. Existing 
NMFS-funded observer coverage would continue under Amendment 16. 
Accordingly, any at-sea monitoring coverage provided by an approved 
Sector at-sea monitoring program would be in addition to the coverage 
provided by the NMFS-funded observers. If a NMFS-funded observer and an 
industry-funded at-sea monitor are assigned to the same trip, the NMFS-
funded observer would take precedence and the at-sea monitor would not 
be required to be deployed on that trip. This is intended to provide 
sufficient coverage, but minimize costs to industry. To facilitate 
deployment of dockside/roving and at-sea monitors and enforcement of 
these provisions, Amendment 16 would require vessels to submit trip-
start and trip-end hail reports to the dockside/roving and at-sea/
electronic monitoring service providers and to NMFS Office of Law 
Enforcement, unless otherwise specified in a Sector's operations plan, 
as further described in this proposed rule. The details for any 
dockside/roving and at-sea/electronic monitoring program must be 
specified in each Sector's annual operations plans.

[[Page 69403]]

    Amendment 16 proposes that discards would be monitored through the 
use of a Sector-specific assumed discard rate, unless NMFS deems that 
there are sufficient observer or at-sea monitor data available to 
specify a Sector-specific in season discard estimate for each stock/
gear combination specified in the FMP. Once sufficient data are 
available, the Sector-specific in season discard rate would apply to 
all trips taken by Sector vessels for the remainder of the FY, in lieu 
of the assumed discard rate. If a trip is observed by either an 
observer or at-sea monitor, the discards reported by the observer or 
at-sea monitor would be used to document discards for that particular 
trip instead of using an assumed discard rate, regardless of whether 
the Sector has developed an approved at-sea monitoring program for that 
FY.
    The data and methodology used to calculate a Sector-specific 
assumed or in season discard rate is considered administrative measures 
necessary to administer the FMP and monitor Sector catch. As a result, 
the manner in which such rates are calculated may change on a yearly 
basis. For FY 2010, NMFS proposes to calculate the assumed discard rate 
based upon observed trips by Sector vessels during the previous FY, by 
stock and gear type, as specified in Section 4.2.3.5.3 of the Amendment 
16 FEIS. If there are insufficient data to develop an assumed discard 
rate at this level, a fleet-wide stock and gear discard rate would be 
used instead. When calculating these discard rates, regulatory discards 
of legal-sized fish caused by trip limits would be excluded to 
represent anticipated behavior under Sectors. These assumed discard 
rates would be calculated as often as practicable, and would be used to 
add a discard estimate to each landing by a Sector vessel so that total 
catch can be determined for each stock for each trip. Based upon 
available funding, NMFS intends to increase the NMFS-funded observer 
coverage to include approximately 38 percent of Sector trips and 30 
percent of common pool trips during FY 2010, and possibly future FYs.
    Under Amendment 16, Sectors would be required to submit an annual 
report to NMFS by July 1 of each year that details information 
necessary to evaluate the biological, economic, and social impacts of 
Sectors. The report would be required to include harvest levels of all 
vessels for all federally managed species, enforcement actions, and 
other information needed to evaluate the performance of the sector. In 
addition, Sectors would be required to submit weekly catch reports that 
detail Sector catch and discard for each stock allocated to that 
Sector, as instructed by the Regional Administrator. Under this 
proposed rule, NMFS would require that Sectors provide trip-level catch 
data, if requested, to facilitate the auditing of Sector catch data to 
ensure that data used by Sectors are consistent with those submitted to 
NMFS. This additional requirement is based upon the provision in 
Amendment 16 that would allow other requirements of Sector monitoring 
plans to be implemented, as directed by the Regional Administrator.

Authorization of Sectors

    Amendment 16 would authorize 17 new Sectors and revise the 
provisions for 2 existing Sectors. These Sectors are described in 
Section 4.3.6 of the Amendment 16 FEIS and include the GB Cod Hook Gear 
Sector, GB Cod Fixed Gear Sector, Sustainable Harvest Sector, Port 
Clyde Community Groundfish Sector, Northeast Fishery Sectors I through 
XIII, Tristate Sector, and the Northeast Coastal Communities Sector. 
All operational aspects of these Sectors would be specified in their 
annual operations plans, as submitted to NMFS. Details of these 
operations plans will be published in the Federal Register prior to 
their approval.

15. VMS Requirement

    In Framework Adjustment 42, the Council required all vessels 
fishing under a NE multispecies DAS to use VMS. This was considered 
necessary to effectively administer and enforce many of the area-
specific measures proposed in that action. Although vessels 
participating in Sectors would no longer be required to use a NE 
multispecies DAS under Amendment 16, and vessels issued either a 
limited access NE multispecies Handgear A or Category C permit were 
never required to use VMS under Framework Adjustment 42, the FEIS 
neither explicitly requires Sector vessels to continue to use VMS, nor 
explicitly exempts Sector vessels and those issued either a Category C 
or Handgear A permit from using VMS. Because the area-specific measures 
implemented under Framework Adjustment 42 would continue to apply, and 
because Amendment 16 relies upon VMS as a medium to submit area 
declaration, hail reports, and catch information necessary to implement 
provisions proposed under Amendment 16, NMFS is proposing to revise the 
existing VMS regulations at Sec.  648.10 to require that all vessels 
issued a limited access NE multispecies permit and fishing under either 
the common pool measures, or under the restrictions and conditions of 
an approved Sector operations plan, use a VMS for each NE multispecies 
trip. Consistent with existing VMS regulations, upon taking either a 
common pool or a Sector trip, a vessel issued a limited access NE 
multispecies permitted must maintain an operational VMS for the 
remainder of the fishing year.

16. Framework Items

    Amendment 16 proposes that the following management measures could 
be adjusted through a framework action, in addition to those measures 
currently identified as framework measures in the FMP: Process for 
specifying and distributing ABCs and ACLs; trimester TAC distribution; 
Sector provisions, including authorized Sectors; PSC calculations; and 
any other provision implemented under the FMP.

17. Corrections

    This proposed rule would also correct a number of inadvertent 
errors, omissions, and ambiguities in existing regulations in order to 
ensure consistency with, and accurately reflect the intent of previous 
actions under the FMP. The following proposed measures are listed in 
the order in which they appear in the regulations and indicate the 
genesis of the regulation and/or the cause of the regulatory error.

NE Multispecies Vessel Replacement Regulations

    Most of the regulatory text regarding NE multispecies vessel 
replacements was implemented in 1996 by Amendment 7 to the FMP (61 FR 
27709; May 31, 1996). On January 1, 2008, a final rule that added 
additional restrictions pertaining to vessel replacements became 
effective (72 FR 43188; August 3, 2007), but the applicability of 
requirements to vessels with a Handgear A permit may not have been 
clear. This action would clarify the pertinent regulatory language to 
make it clear that although the replacement vessel size restrictions do 
not apply to Handgear A vessels, the limitation on one vessel 
replacement per year does apply to these vessels.
    The proposed action would also clarify the gillnet tag requirements 
referred to in the permit application requirements portion of the 
regulations. Framework Adjustment 40B eliminated the gillnet tag 
requirement for Trip gillnet vessels, but the pertinent regulatory text 
in the permit applications requirements was not modified. This rule 
would correct this oversight.

[[Page 69404]]

SNE/MA Yellowtail Flounder Trip Limit for the Atlantic Sea Scallop 
Access Program

    The regulations implementing the Atlantic sea scallop access 
program contain an incorrect trip limit for SNE/MA yellowtail flounder 
for vessels fishing in the Nantucket Lightship Access Area of 250 lb 
(113.4 kg) per trip between June 15 and June 30 and up to 1,000 lb 
(453.6 kg) per trip. This incorrect trip limit corresponds to an 
outdated seasonal yellowtail flounder trip limit implemented under 
Amendment 13. Framework Adjustment 42 to the FMP modified the SNE/MA 
yellowtail flounder trip limit, but the scallop regulations were not 
revised at the time to reflect this change. This action would revise 
the Atlantic sea scallop access program regulations to cross reference 
the correct SNE/MA yellowtail flounder trip limit.

Regional Administrator Authority To Modify or Delete an Existing 
Exempted Fishery

    The process specifying the addition or deletion of an exemption was 
first implemented in 1994 through an emergency rule (59 FR 63926; 
December 12, 1994) and subsequently implemented on a permanent basis by 
Framework Adjustment 9 (60 FR 19364; April 18, 1995). Under these 
regulations, the Regional Administrator had the authority not only to 
approve new exemptions, but also to modify or delete exemptions if they 
may jeopardize meeting fishing mortality objectives. Amendment 13 to 
the FMP modified this exemption to allow greater flexibility to the 
Council and NMFS, but inadvertently removed the language that 
explicitly provided authority to the Regional Administrator to modify 
or delete an existing exemption. This rule would add such language back 
in the regulations. This correction, which is consistent with Council 
intent, would allow greater flexibility to administer the exempted 
fishery program as NE multispecies regulated species or ocean pout 
stocks rebuild, while continuing to protect the NE multispecies 
regulated species or ocean pout stocks.

GOM Scallop Dredge Exemption Area

    Framework Adjustment 21 (62 FR 8404; February 25, 1997) implemented 
the GOM Scallop Dredge Exemption Area. The existing regulatory text 
provides that limited access general category scallop vessels and 
limited access scallop vessels, not fishing under a scallop DAS, 
fishing in the GOM RMA ``may'' fish in the GOM Scallop Dredge Exemption 
Area. This action would clarify that such vessels fishing in the GOM 
RMA must fish in the GOM Scallop Dredge Exemption Area and are 
prohibited from fishing in any other part of the GOM RMA. This action 
also would clarify that only dredge gear may be used to harvest 
scallops in the GOM Scallop Dredge Exemption Area.

SNE Scallop Dredge Exemption Area

    Amendment 13 implemented the SNE Scallop Dredge Exemption Area. The 
existing regulatory text states that general category scallop vessels 
and limited access scallop vessels not fishing under a scallop DAS, 
fishing in the SNE RMA ``may'' fish in the SNE Scallop Dredge Exemption 
Area. This action would clarify that such vessels fishing in the SNE 
RMA must fish in the SNE Scallop Dredge Exemption Area and are 
prohibited from fishing in any other part of the SNE RMA. This action 
also would clarify that only dredge gear may be used to harvest 
scallops in the SNE Scallop Dredge Exemption Area. Lastly, the 
geographic area defined as the SNE Scallop Dredge Exemption Area 
currently extends west into the Mid-Atlantic Exemption Area (MAEA), 
which provides no benefit to fishers, as regulations specified for the 
MAEA do not include restrictions on scallop vessels such as exempted 
fisheries similar to other exemption areas. Therefore, the western 
border of the SNE Scallop Dredge Exemption Area would be corrected to 
coincide with the eastern border of the MAEA.

Reference to Midwater Trawl as Exempted Gear

    To address bycatch of juvenile haddock in the herring fishery, 
Framework Adjustment 43 implemented an exempted fishery that allows 
midwater trawl gear to harvest herring. Concurrently this gear was no 
longer classified as exempted gear. This proposed action would remove 
an incorrect reference to midwater trawl gear as exempted gear in the 
GOM Rolling Closure Area regulations that was overlooked when Framework 
Adjustment 43 was implemented.

Revised Coordinates for Restricted Gear Area 1

    Framework Adjustment 22 to the FMP and Framework Adjustment 4 to 
the American Lobster FMP (March 10, 1997; 62 FR 10747) closed four 
defined areas to vessels using certain gear types during certain times 
of the year. The final rule implementing these gear closures 
inadvertently omitted point 72 of the inshore boundary of Restricted 
Gear Area 1. This action would insert Restricted Gear Area 1 point 72 
to make the regulations consistent with Framework Adjustment 22 and the 
regulations implementing the American Lobster FMP.

Clarification of the DAS Leasing Program Regulations

    Framework Adjustment 40B granted each limited access NE 
multispecies permit owner a one-time opportunity to downgrade its DAS 
Leasing Program baseline. The rationale was that, in some cases, 
vessels are actually smaller than the permit baseline attached to the 
vessel (due to replacement of a vessel with a smaller vessel) and 
downgrading the DAS Leasing Program baseline to the actual 
specifications of the vessel the permit is associated with, would 
facilitate use of the DAS Leasing Program for those vessels. A 
downgraded DAS Leasing Program baseline remains in effect until the DAS 
Leasing Program expires, or the permit is transferred to another vessel 
via a vessel replacement or through a DAS transfer (unless the 
transferee vessel baseline is adopted).
    The regulations implementing Framework Adjustment 40B failed to 
address the situation in which a DAS transfer results in a new DAS 
leasing baseline created for the resultant single permit associated 
with the vessel (e.g., a vessel adopts the length overall from the 
transferor and the horsepower from the transferee vessel). This action 
proposes a clarification to the regulations that would allow a one-time 
DAS leasing baseline downgrade opportunity for NE multispecies vessels 
that result from a DAS transfer. This modification is consistent with 
the overall rationale for DAS Leasing Program baseline downgrades.

Clarification of DAS Transfer Program Regulations

    Framework Adjustment 42 modified and clarified the DAS Transfer 
Program rules. Among these clarifications, Framework Adjustment 42 
specified that ``With respect to vessel baseline characteristics, the 
receiving vessel must adopt the smaller baseline of the two vessels, or 
if the receiving vessel has not previously upgraded, it may adopt the 
larger baseline of the two vessels. This would serve as the vessel's 
one-time upgrade.'' However, the regulations did not address whether or 
not the receiving vessel involved in a DAS transfer could elect to 
upgrade a particular specification (e.g., length overall) as part of 
the DAS transfer transaction, and then upgrade another specification 
(e.g., horsepower) through a subsequent action (either a vessel

[[Page 69405]]

replacement or another DAS transfer). This rule would clarify that the 
upgrade of any baseline specification under the DAS Transfer program 
precludes any future upgrades through subsequent transactions. 
Secondly, Framework Adjustment 42 removed a requirement that the 
transferor vessel forfeit all other permits (not required to be 
transferred), but did not modify all the pertinent regulatory text. 
This proposed rule would remove such text.

U.S./Canada Management Area Restrictions

    Amendment 13 implemented the U.S./Canada Management Area 
regulations and provided the authority for the Regional Administrator 
to modify various management measures of the U.S./Canada Management 
Area to prevent over-harvesting of the Eastern GB cod, Eastern GB 
haddock, or GB yellowtail flounder TACs, or to facilitate achieving the 
TACs for these stocks. The U.S./Canada Management Area regulations were 
subsequently modified by Framework Adjustment 40A and other actions. 
The regulations pertaining to the cod trip limit under the U.S./Canada 
provisions in Sec.  648.85 do not include language that states when 100 
percent of the cod TAC is harvested, the Eastern U.S./Canada Area will 
be closed, as adopted in Amendment 13. This closure provision is 
specified elsewhere in the regulations (e.g., Sec.  
648.85(a)(3)(iv)(E)), but inclusion of this provision in the context of 
the cod trip limit regulation would improve the understanding of this 
regulation.

Corrections to Stock Area Coordinates in the Regular B DAS Program

    For the purpose of the Regular B DAS Program closures, stock areas 
were defined in Framework Adjustment 40A. The area defined for the CC/
GOM and SNE/MA stocks of yellowtail flounder overlapped slightly and 
contained errors in the coordinates specified. This action would 
correct the coordinates CCGOM12, CCGOM13, and SNEMA5 through SNEMA16 to 
maintain consistency with the areas adopted under Framework Adjustment 
42.

Eastern U.S./Canada Haddock SAP Gear Requirements

    Framework Adjustment 40A implemented the Eastern U.S./Canada 
Haddock SAP Pilot Program. The final rule disallowed the use of the 
flatfish net in the SAP, but allowed the flatfish net to be properly 
stowed on board the vessel during such trips. At that time, vessels 
were not allowed to fish inside and outside of the Eastern U.S./Canada 
Area on the same trip. In 2006, Framework Adjustment 42 modified the 
U.S./Canada restrictions to allow vessels to fish both inside and 
outside of the Eastern U.S./Canada Area on the same trip. Framework 
Adjustment 42 modified and renewed the SAP for a 2-year period, but did 
not change the stowage provision. A later rule that implemented gear 
performance standards (72 FR 72967; December 26, 2007) allowed other 
gear to be stowed when vessels were fishing in the Eastern U.S./Canada 
Area, but neglected to modify the regulations that pertain specifically 
to the Eastern U.S./Canada Haddock SAP to reflect this broader change. 
This action, therefore, would correct the regulations to allow the 
stowage of other types of gear when fishing in the Eastern U.S./Canada 
Haddock SAP, to be consistent with the overall rules for the Eastern 
U.S./Canada Area.

18. Transfer of ACE by NOAA-sponsored Permit Banks

    NMFS is proposing that any state-operated permit bank sponsored by 
NOAA be considered a Sector for the exclusive purpose of transferring 
ACE to qualifying Sectors. NMFS is currently working with the Maine 
Department of Marine Resources on a Memorandum of Agreement that would 
establish a permit bank operated by the State of Maine and sponsored by 
NMFS. Allowing a permit bank to lease ACE to Sectors would facilitate 
the ability of the permit bank to minimize any adverse socio-economic 
impacts to fishing communities associated with catch-share programs.
    Permit banks would be allocated ACE for a FY based on the PSCs of 
permits owned by the permit bank that are declared as ACE permits for 
that fishing year. Similar to the annual election decision of a permit 
holder to enroll his/her limited access NE multispecies permit in a 
sector or fish in the common pool, a permit bank would make an annual 
declaration for each permit as either an ACE permit or a DAS permit.
    All or a portion of a permit bank's ACE for any NE multispecies 
stock would be eligible for transfer to a qualifying Sector at any time 
during the FY. Qualifying Sectors would be determined by the provisions 
of the Memorandum of Agreement between NMFS and the state operating the 
permit bank. Permit banks would only be authorized to act as the 
transferor in an ACE transfer and would be prohibited from acting as 
the transferee in an ACE transfer.

Request for Comments

    The public is invited to comment on any of the measures proposed in 
this rule. NMFS is especially interested in receiving comments on the 
following proposed substantive measures: Description of the rope trawl, 
integration of wolffish into the trimester TAC AM and the proposal not 
to include a trimester TAC trip limit adjustment under this AM, as 
described in Item 6 of this preamble; potential disapproval of the GOM 
Haddock Gillnet Pilot Program, as described in Item 9 of this preamble; 
and NMFS's interpretation of the May 1, 2008, date to determine 
eligibility for Sector participation, as described in Item 14 of this 
preamble. NMFS is also specifically seeking public comment on several 
measures proposed in this action that are necessary to administer, 
enforce, and implement provisions adopted by the Council in Amendment 
16. These measures include: (1) Increased frequency of VTR submissions; 
(2) pre-trip observer notification requirements; (3) description of the 
rope trawl for use in RGAs; (4) DAS allocation and charging provisions 
for Sector vessels; (5) operational standards for dockside and at-sea 
monitoring programs, including trip start and end hail reports; (6) 
details of Sector catch reports; (7) carry-over restrictions for unused 
ACE for transboundary stocks managed by the Understanding; (8) details 
for the AMs that would be triggered if the overall ACL for a stock is 
exceeded, (9) VMS requirement for Sector vessels; and (10) ACE trading 
provisions for permits in a NOAA-sponsored permit bank. While noting 
statutory constraints on its flexibility to add any new substantive 
measures, NMFS encourages the public to provide input on more 
effective, efficient, and less costly ways to implement the measures 
proposed under Amendment 16.

Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 16 to the NE Multispecies FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment. Further, 
pursuant to section 303(c) of the Magnuson-Stevens Act, the Council has 
deemed this proposed rule as necessary and appropriate to implement 
Amendment 16.
    The Council prepared a DEIS, which analyzed the impacts of all of 
the measures under consideration in

[[Page 69406]]

Amendment 16. A notice of availability of the DEIS was published on 
April 24, 2009 (74 FR 18705). In summary, the alternatives considered 
would reduce fishing mortality on most NE multispecies stocks, with 
impacts varying among stocks and alternatives considered. The 
alternatives considered in the DEIS would have met the biological 
objectives for most, but not all of the stocks managed by the FMP. The 
alternatives considered have since been revised to ensure that all 
alternatives achieve the biological objectives of this action, with the 
exceptions noted above. None of the alternatives considered are 
expected to have adverse impacts on EFH or protected species beyond 
those described by earlier actions. The economic impacts analyzed in 
the DEIS have been revised based on changes to the measures since the 
publication of the notice of availability and are summarized below in 
the discussion of the IRFA. Although there would likely be short-term 
negative economic and social impacts associated with this action, there 
would likely be positive long-term biological, economic, and social 
impacts as stocks rebuild and more sustainable fisheries and fishing 
communities are maintained.
    This rule has been determined to be significant for purposes of 
E.O. 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action are contained at the beginning of this section in the preamble 
and in the SUMMARY. A summary of the analysis follows. In this 
analysis, the baseline (no-action alternative) is the set of measures 
that were in place during FY 2008 (i.e., the measures implemented prior 
to the FY 2009 interim action). Tables and sections that are referenced 
in this IRFA refer to those contained in the FEIS developed for 
Amendment 16. A copy of this analysis is available from the Council 
(see ADDRESSES).

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

    The proposed action would substantially change the provisions 
developed under Amendment 13 affecting Sector formation and effort 
controls for commercial fishing vessel owners that do not choose to 
join a sector. Among vessel owners that possess a permit to land 
regulated species or ocean pout, only limited access permit holders 
would be eligible to join a Sector under Amendment 16, including those 
held in CPH. Vessel owners that possess only an open access permit 
would continue to be regulated through effort controls under the 
provisions of the common pool.
    The proposed action would implement changes affecting any vessel 
holding a limited access NE multispecies permit, an open access 
handgear permit (Handgear B permit), and vessels that hold an open 
access charter/party permit. Based on FY 2007 data contained in 
Sections 6.2.3 and 6.2.5.5 of the Amendment 16 FEIS, the total number 
of small entities that may be affected would be 3,854 permit holders, 
including 1,530 limited access permit holders, 1,292 open access 
Handgear B permit holders, and 762 open access charter/party permits. 
Of the 1,292 vessels issued Handgear B permits, only 75 reported 
landing cod, suggesting that the number of such permits affected by 
this action may be substantially smaller than the number of vessels 
actually issued Handgear B permits. However, past fishing activity may 
not be an accurate predictor of future fishing activity, particularly 
because Amendment 16 would substantially increase cod possession limits 
for vessels issued Handgear B permits. During FY 2007, 128 of the 762 
open access charter/party permit holders reported taking at least one 
for-hire trip, of which 74 reported keeping NE multispecies on one or 
more trips. An additional 29 limited access permit holders reported 
taking passengers for hire, of which 18 reported keeping NE 
multispecies on one or more for-hire trips. Thus, a total of 92 
charter/party operators participated in the charter/party recreational 
NE multispecies fishery during FY 2007. As of September 1, 2009, 723 
vessels elected to join a Sector during FY 2010, as determined through 
the submission of annual Sector operations plans. However, vessels may 
withdraw from Sectors until the beginning of FY 2010 on May 1, 2010. 
Therefore, because participation in Sectors is voluntary, the number of 
vessels that will actually participate in Sectors during FY 2010 and 
future years is likely to fluctuate based upon whether joining a Sector 
or fishing under common pool measures offers the greater economic 
advantage to each individual vessel.
    The Small Business Administration (SBA) size standard for 
commercial fishing entities (NAICS code 114111) is $4 million in sales, 
while the size standard for charter/party operators (part of NAICS code 
487210) is $7 million in sales. Available data indicate that, based on 
2005-2007 average conditions, median gross sales by commercial fishing 
vessels were just over $200,000, and no single fishing entity earned 
more than $2 million. Available data are not adequate to identify 
affiliated vessels, so each operating unit is considered a small entity 
for purposes of the RFA. For regulated charter/party operators, the 
median value of gross receipts from passengers was just over $9,000, 
and did not exceed $500,000 in any year during 2001 to 2007. Therefore, 
all regulated commercial fishing and all regulated charter/party 
operators are determined to be small entities under the RFA, and, 
accordingly, there are no differential impacts between large and small 
entities under this proposed rule.

Economic Impacts of the Proposed Action

Overall Measures

Revised Status Determination Criteria and Rebuilding Programs
    Amendment 16 would revise the status determination criteria for 
each stock, implement new rebuilding programs for stocks newly 
classified as overfished, and update existing rebuilding programs. The 
revised status determination criteria would produce a MSY that is 
approximately 75 percent of the MSY of the existing status 
determination criteria. Accordingly, revenues associated with rebuilt 
stocks under Amendment 16 would be expected to be less than under the 
existing status determination criteria. However, the existing status 
determination criteria are no longer based upon the best available 
science and may not represent biomass or F levels that are sustainable. 
The new or revised rebuilding programs would result in reduced yield 
and, therefore, reduced revenue in the short term for some stocks, but 
should lead to higher yields and revenues than those expected from the 
no action alternative in the long term when stocks are rebuilt.
ABC/ACL Setting Process
    Amendment 16 proposes a process by which ABCs/ACLs would be 
established for each stock. Based upon National Standard 1 Guidelines, 
this process would include setting ABCs and ACLs below the OFL for each 
stock to account for scientific and management uncertainty. This 
results in an opportunity cost to all vessels that catch NE 
multispecies in the form of reduced yield for each stock. In addition, 
this process would distribute the available ACLs among components of 
the fishery that catch NE multispecies, including both the directed 
commercial and

[[Page 69407]]

recreational fisheries, and fisheries that catch NE multispecies as 
bycatch. The allocation between commercial and recreational fisheries 
may prove to constrain catches of each of those user groups, especially 
if future catch rates differ from historical patterns. AMs would be 
specified for the directed fisheries, but most fisheries that catch 
minor amounts of NE multispecies as bycatch would not be subject to any 
AMs due to the high administrative cost and complexity associated with 
monitoring catch in these fisheries. However, because an overage in the 
total ACL for any stock would need to be made up by the component of 
the NE multispecies fishery that is subject to AMs, the directed 
fishery would be subject to reductions in catch and the associated 
economic impacts as a result of any AMs triggered by an overage in 
other fisheries.

Simultaneous Issuance of a Limited Access Atlantic Sea Scallop and a 
Limited Access NE

Multispecies Permit
    This measure would enable vessel owners to make more efficient use 
of existing capital by allowing limited access scallop permit holders 
to acquire a limited access NE multispecies permit and vice-versa, 
resulting in higher profitability and lower costs associated with 
operating two separate vessels. Because the scallop fleet has access to 
more capital and is generally located in SNE, the proposed action could 
change the distribution of NE multispecies activity as well as the 
competitive position of NE multispecies vessels to focus fishing effort 
on GB and SNE stocks of NE multispecies. Based upon analysis included 
in Section 7.5.1.2.9 of Amendment 16, the major NE multispecies 
principal port states--Maine, New Hampshire, Massachusetts, and Rhode 
Island--are likely to experience a net loss in the number of NE 
multispecies permits by the acquisition of limited access NE 
multispecies permits by scallop vessel owners, as will New York. 
Connecticut, New Jersey, and Virginia could see a net increase in the 
number of NE multispecies permits.
Size Limits for Haddock and Atlantic Halibut
    Amendment 16 would decrease the haddock minimum size limit to 18 
inches (45.7 cm). Reducing the minimum size for haddock would allow the 
landing of some undersized fish that would otherwise be discarded, and 
increase fisheries revenues, provided gear selectivity does not change. 
If selectivity or fishing patterns change to target these smaller fish, 
the increase in revenue caused by landing smaller fish would be offset 
by yield lost because those fish would not be harvested at older ages 
and sizes. The gains from this measure will likely fluctuate as year 
class size changes. When a large year class enters the fishery, as was 
the case with the 2003 year class in 2007 and 2008, this measure would 
have more of an impact on revenues than when average or below average 
year classes recruit to the fishery.
    Amendment 16 would increase the minimum size limit for Atlantic 
halibut to 41 inches (104.1 cm) to reflect the median length at 
maturity for female halibut in the GOM and increase opportunities for 
additional halibut to spawn prior to capture. Available data indicate 
that revenue from landings of Atlantic halibut ranged from $96,000 in 
CY 2004 to $232,000 in CY 2007. However, the mean size of landed fish 
was 35.6 inches (90.5 cm), less than the current minimum size of 36 
inches (91 cm). Therefore, assuming full compliance with the increased 
size limit, the proposed action would likely reduce revenue from 
landings of Atlantic halibut, but by an unknown amount.
Reporting Requirements
    Amendment 16 proposes a series of new reporting requirements that 
would involve costs to vessels issued a NE multispecies permit and 
operating either under a NE multispecies DAS or on a Sector trip. These 
vessels would be required to declare the broad stock areas to be fished 
prior to each trip and, for vessels fishing in multiple broad stock 
areas, an estimate of landings of each species from each broad stock 
area prior to returning to port. These reports would be sent via VMS at 
a cost to industry of approximately $0.764 per declaration, or 
approximately $1,910 for all vessels each year. The vessels most 
affected by this provision include those that fish at least part of a 
trip in the Inshore GB Stock Area 2, an area just off the eastern 
shoreline of Cape Cod, MA--a smaller area that is often fished in 
during multi-area trips. In addition, these vessels would be required 
to provide a pre-trip notice via a call to the NMFS NEFOP to facilitate 
the deployment of observers, but this would not result in any 
additional costs to industry participants.

Measures Applicable to Commercial Vessels

Common Pool Measures
    The Closed Area Model (CAM) was used to estimate both the 
biological and economic impacts of effort controls proposed under 
Amendment 16. This model has been successfully employed to estimate the 
impacts of previous actions. The details of the latest iteration of the 
CAM, including improvements made to the model since it was last used to 
evaluate the impacts of Framework Adjustment 42, are detailed in 
Appendix II of Amendment 16.
    Since the number of vessels that would join a Sector was not known 
at the time the economic analysis contained in the Amendment 16 FEIS 
was completed, the economic impacts of the proposed action effort 
control measures reported in Section 7.5.11.1.3 were based on the 
assumption that no new Sectors were formed. Under this assumption, 
vessels operating under the common pool may be expected to experience 
total fishing revenue losses of 9.8 percent ($15.4 million) relative to 
a 2005-2007 baseline. This impact is only slightly larger than the 
estimated reduction in revenue associated with the interim action 
measures (9.5 percent, or $14.8 million) using the same 2005-2007 
baseline. This means that the aggregate impact of the proposed action 
may have only slightly higher economic impacts beyond those expected to 
occur as a result of the 2009 interim action. However, since there are 
substantial differences between the 2009 interim action and the 
proposed action, the impacts may be expected to differ among 
participating vessels even though the aggregate estimated impacts were 
similar.
    Estimated impacts for the proposed action suggest that the impact 
on fishing revenue may be expected to be larger on smaller vessels, in 
terms of length overall, compared to larger vessels. Similarly, impacts 
on gillnet vessels tended to be higher than impacts on trawl vessels. 
These tendencies may be a reflection of the differential impacts 
associated with Trip or Day gillnet boat status. That is, both Trip and 
Day boats are affected by the same DAS reduction. However, the 24-hr 
clock is likely to have a larger impact on Day boats, since most Day-
boat trips are less than 24-hr in duration. In some respects, the 24-hr 
clock has economic effects that are similar to differential DAS 
counting, since the number of trips that may be taken given the same 
allocation of DAS is reduced. The extent to which the increased trip 
limit for GOM cod

[[Page 69408]]

mitigates this effect on Day boats is uncertain, however.
    The proposed action would implement two restricted gear areas that 
would limit the use of fishing gear to gear that meet specified 
performance characteristics and would reduce bycatch of flatfish--
winter flounder and yellowtail flounder in particular. The designated 
restricted gear areas correspond to the SNE/MA stock areas for these 
two species. Vessels that elect to fish in the common pool would be 
required to adopt specialized gear at an estimated cost of $13,000 for 
a complete setup, or about $750 per vessel to modify existing gear. 
Sector vessels would not be subject to the restricted gear area 
provisions.
    Amendment 16 proposes to increase trip limits for cod and 
yellowtail flounder, but prohibit the retention of SNE/MA winter 
flounder, windowpane flounder, ocean pout, and Atlantic wolffish. The 
increased possession limit for cod may be expected to offer improved 
economic opportunities to all common pool vessels, but particularly to 
vessels currently issued a NE multispecies Handgear B permit, including 
the 75 vessels that have recently landed cod under this permit, and 
fishing businesses that may acquire such a permit in the future. The 
expected economic impacts of the collective suite of revisions to trip 
limits are captured in the cumulative analysis of common pool measures 
described above. Given recent landings trends, the proposed prohibition 
on the possession of Atlantic wolffish would reduce commercial fishing 
revenues, including revenues by both common pool and Sector vessels, by 
roughly $100,000 to $150,000 per calendar year. These lost revenues 
would not be replaced in the near future unless the stock rebuilds 
rapidly, which is not expected.
    The principal common pool effort controls under the proposed action 
(i.e., DAS reductions and 24-hr DAS counting) would apply to limited 
access vessels that are managed by DAS (i.e., vessels issued a limited 
access NE multispecies Category A, D, E or F permit), but would not 
affect either Category C permits (small vessel exemption), or Handgear 
A vessels. While the DAS restrictions would not affect these vessels, 
they would benefit from the same increase in trip limits applicable to 
DAS vessels, including the change in trip limits for GOM cod and CC/GOM 
yellowtail flounder under common pool measures. The GOM cod possession 
limit would be increased from 300 lb (131.6 kg) to 750 lb (340.2 kg) 
per DAS, while the overall CC/GOM yellowtail flounder trip limit would 
increase from 1,000 lb (453.6 kg) per trip to 1,500 lb (680.4 kg) per 
trip (the daily limit would be maintained at 250 lb (113.4 kg) per 
DAS). Additionally, since vessels with these permits are not regulated 
by DAS, they would not be subject to the proposed commercial common 
pool AMs. Given the economic considerations presented by the effort 
control measures, vessels with limited access Category C or Handgear A 
permits may be expected to have comparatively little PSC to bring to a 
Sector, and may be expected to have substantially improved economic 
opportunities under the common pool measures compared to the FY 2009 
interim action. In fact, none of the 11 limited access Category C 
permit holders had elected to join a Sector as of September 1, 2009, 
and only 6 of the 130 Handgear A permit holders had elected to join a 
Sector. Of the remaining 522 limited access NE multispecies vessels 
that had not elected to join a Sector, 337 DAS permit holders had no 
Category A DAS, of which 164 had not qualified for a PSC for any stock. 
These vessels may still be able to participate in the NE multispecies 
fishery, but would only be able to do so through the DAS Leasing 
Program. Among the vessels that did not join a Sector and either had 
some PSC and/or had been allocated at least one Category A DAS, the 
reasons for electing to remain in the common pool are uncertain. Many 
of these vessels may have had low PSCs, may have not been accepted by 
any Sector, considered the cost of joining a Sector to be too high, or 
made a business decision in which the economic opportunities of fishing 
under effort controls to be superior to joining a Sector.
    An evaluation of the number of Category A DAS that are necessary to 
cover annual fixed costs is described in Section 7.5.1.3.1.2 of 
Amendment 16. This analysis suggests that the total number of Category 
A DAS needed for all limited access permit holders that participated in 
the NE multispecies fishery to break even were estimated to be 34,078 
DAS. However, many vessels cannot break even on their DAS allocations 
alone, and rely on the DAS Leasing Program to acquire the additional 
DAS needed to remain profitable. The proposed action would reduce 
Category A DAS by 50 percent and is expected to result in about 22,000 
allocated Category A DAS. The two proposed changes to DAS charging 
measures (i.e., 24-hr DAS counting and elimination of differential DAS 
counting) would have little impact on the break-even DAS needed for a 
vessel that has been conducting fishing trips that are longer than 24 
hr in duration, but may increase the break-even DAS needed for vessels 
that have been conducting fishing trips that are less than 24 hr in 
duration. While the trip limit changes may offset some of the need for 
additional DAS for vessels that fish in the GOM and GB, it is unlikely 
that the same benefits will occur in the SNE area due to the 
prohibition on the retention of SNE/MA winter flounder. Although carry-
over DAS from the previous FY, and DAS available through the DAS 
Leasing Program, may potentially mitigate the potential shortage of 
available DAS, overall, there are not enough Category A DAS to cover 
annual fixed costs. However, for vessels that can access and 
participate in the CA I Hook Gear Haddock SAP, the Regular B DAS 
Program, the Eastern U.S./Canada Haddock SAP, and/or the modified CA II 
Yellowtail Flounder/Haddock SAP, there may be enough opportunities to 
use Category B DAS that the vessels can cover fixed costs.
DAS Leasing and Transfer Revisions
    The DAS Leasing and Transfer Programs would be revised under 
Amendment 16 to facilitate participation in these programs by allowing 
permits in CPH to participate, eliminating the DAS conservation tax in 
the DAS Transfer Program, and by eliminating the cap on DAS that may be 
leased. Allowing permits in CPH to participate in this program would 
eliminate some of the administrative burden and costs associated with 
activating a permit, such as postage, documentation fees, etc. 
Eliminating the conservation tax for DAS transfers would likely 
encourage participation in this program. However, while eliminating the 
conservation tax may improve the financial gain to the owner through 
increased opportunities to fish (i.e., more DAS or ACE) and reduced 
operation costs, such gains may not be sufficient to offset the 
financial loss associated with having to give up duplicate permits as 
part of this program. Note that this financial loss may be in terms of 
business equity rather than a loss in current fishing income or 
profitability since the value of retaining two vessels with a suite of 
permits may be larger than the value of a single vessel with the same 
number of DAS but fewer permits. Finally, by removing the DAS leasing 
cap, one vessel can fish all of those DAS, reducing the fixed costs of 
maintaining two vessels and increasing the efficiency of operating 
multiple vessels. Because the CAM has been revised to account for 
exchanges of DAS through

[[Page 69409]]

the DAS Leasing Program based upon previous individual vessel 
participation in the DAS Leasing Program, the ability of the DAS 
Leasing Program to help mitigate the economic impacts of proposed 
effort controls is incorporated into the overall economic impacts of 
common pool measures, as discussed above.
SMPs and SAPs
    Amendment 16 would revise the existing SAPs to facilitate the 
targeting of healthy stocks of haddock, including the continuation of 
the Eastern U.S./Canada Haddock SAP, and would revise the provisions of 
the Regular B DAS Program to reduce catch of pollock in this program to 
rebuild this stock. Changes to the CA I Hook Gear Haddock SAP would 
provide greater access to the SAP among Sector and common pool vessels 
alike. The overall haddock TAC for this SAP would still limit the total 
economic gain and potential removals from the SAP, but since the TAC 
had not been reached in the past, these changes increase the likelihood 
that the full benefit from the SAP would be realized. Changes to the CA 
II Yellowtail Flounder/Haddock SAP would also increase economic return 
to participating vessels, as more of the available Eastern GB haddock 
TAC available to U.S. vessels would likely be harvested. However, given 
its distance from shore, vessels able to take advantage of this 
economic opportunity would be limited to larger vessels. There would be 
some costs incurred to participate in this SAP, as specific gear is 
required, but these costs are likely to be incurred anyway as the 
vessels that fish in this SAP probably have already obtained the gear 
to fish in the Eastern U.S./Canada Haddock SAP and the Eastern U.S./
Canada Area.
    The elimination of the SNE/MA Winter Flounder SAP under Amendment 
16 would prohibit vessels fishing for summer flounder in western SNE 
from landing up to 200 lb (90.7 kg) of SNE/MA winter flounder without 
the use of a NE multispecies DAS. Based on historical data, it is 
likely that the revenue losses from this change will not exceed 
$200,000 per year and are likely to be closer to $150,000. Since this 
action also proposes to prohibit the possession of SNE/MA winter 
flounder, even if a vessel is allocated NE multispecies DAS, it may 
incur an opportunity cost by not being able to use those DAS to land 
SNE/MA winter flounder, but could gain back some losses by leasing 
those DAS to another vessel.
Common Pool AMs
    For common pool vessels, a differential DAS counting AM would be 
implemented for FYs 2010 and 2011, while a trimester TAC AM with 
associated area closures and trip limit adjustments would be 
implemented for FY 2012 and beyond under the proposed action. 
Generally, increasing the differential DAS rate throughout the fishery 
as a result of an ACL overage would reduce the number of DAS available 
to the fishery and make it more difficult for NE multispecies fishing 
vessels to recover fixed costs. If the differential DAS rate is reduced 
because catches are below ACLs for all stocks, the opposite occurs: 
More DAS become available and revenues and profits would be expected to 
increase. Changes in differential DAS counting in one area and not 
another may result in effort shifts that not only modify the expected 
biological impacts of the measure, but that could alter the economic 
impacts. Increased fishing in areas that are not subject to 
differential DAS counting as a result of implementing differential DAS 
counting in other areas under this AM might result in higher landings 
of certain species of fish from these areas that depress prices for 
such stocks and reduce revenues for vessels fishing in these areas. 
Further, if the differential DAS AM is triggered by an ACL overage for 
a minor stock, yields for all stocks caught in the area would be 
reduced, even those that are healthy. Thus, vessels may be affected by 
differential DAS counting due to an overage for a stock that they may 
not even catch. Starting in FY 2012, the triggering of area closures 
and revisions to trip limits under the trimester TAC AM may disrupt the 
market and result in fluctuating prices. This system would also impose 
additional costs on common pool vessels, as they would be responsible 
for paying for dockside monitoring costs for 20 percent of common pool 
trips. Unlike Sectors, common pool vessels would remain subject to the 
inefficiencies of the effort control system and are limited in their 
ability to modify behavior to increase profits and absorb the increased 
reporting costs. Over the long-term, the implementation of effective 
AMs would be expected to contribute to rebuilding of NE multispecies 
stocks as biological objectives are achieved. This would be expected to 
increase the revenues for the commercial fishery and the recreational 
harvest as fishermen benefit from stock rebuilding. However, specific 
AMs could have different economic impacts based upon the measures 
implemented at that time.
Sector Measures
    The proposed action would allow any vessel owner that holds a 
limited access NE multispecies permit to join a Sector, or remain 
subject to the effort controls of the common pool, offering vessel 
owners greater flexibility in making business decisions. This means 
that the decision whether or not to join a Sector may be expected to be 
based on whether joining a Sector, or opting to stay in the common 
pool, offers the greater economic advantage. Since Sectors would be 
granted a set of universal exemptions and may request additional 
exemptions from other regulations, Sector vessels may be able to 
operate in a more economically efficient manner. For example, trawl 
vessels in Sectors are likely to increase catch rates and fish fewer 
days, reducing trip costs and increasing profitability. However, the 
economic benefits of Sector participation also depend on ACE 
allocations. Because Amendment 16 proposes to prohibit the possession 
of SNE/MA winter flounder, it would be difficult for sectors using 
trawl, and perhaps gillnet gear, to identify fishing techniques that 
can be used in the SNE/MA stock area without catching SNE/MA winter 
flounder--particularly if the vessels intend to target yellowtail 
flounder. For this reason, certain Sectors that intend to operate in 
this area may receive limited economic benefits from this action, and 
joining Sectors may actually limit fishing opportunities for vessels 
that operate in these areas.
    Sectors would have to bear the administrative costs associated with 
administering and monitoring Sector operations, including costs 
associated with a Sector manager, dockside monitoring, and at-sea/
electronic monitoring. The magnitude of the administrative costs for 
Sector formation and operation was estimated to range from $60,000 to 
$150,000 per Sector, and the potential cost for dockside and at-sea 
monitoring ranged from $13,500 to $27,000 per vessel. Although these 
estimates are uncertain, they serve to illustrate the fact that the 
potential administrative costs associated with joining a sector may be 
expected to influence a vessel owner's decision. At least for FY 2010, 
the majority of these administrative costs would likely be subsidized 
by NMFS. Whether these subsidies, which include providing financial 
support for preparation of Sector EAs, dockside monitoring, and at-sea 
monitoring, will continue beyond FY 2010 is not known. Nevertheless, 
these subsidies may make joining, or

[[Page 69410]]

continuing to participate in a Sector a more attractive economic 
alternative during FY 2010 than otherwise. However, since Sectors are 
self-selecting, some vessel owners may not be accepted into the Sector 
of their choice, or any Sector at all. Vessel owners with little or no 
PSC to contribute to a Sector's overall ACE may find it difficult to 
find a Sector that will accept them and may be forced to remain in the 
common pool.
    The proposed action would allow ACE to be traded between Sectors to 
provide additional flexibility in the event that: (1) The initial 
portfolio of ACE for each Sector does not match the Sector's desired 
ACE portfolio, or (2) a Sector exceeds its ACE and needs additional ACE 
to cover the overage and continue fishing. The qualification criterion 
used to compute the PSC for each stock means that allocations of ACE 
may or may not be consistent with recent fishing patterns. While inter-
Sector trading of ACE will allow Sectors to balance initial and desired 
quota allocations, this is not likely to be a costless transaction. 
Based on Sector rosters submitted to NMFS as of September 1, 2009, the 
potential shortfalls or surplus in ACE for any given Sector was 
evaluated for each Sector. For several Sectors, there was reasonable 
correspondence between recent landings and the Sectors' ACE. In other 
cases, Sectors either have substantial potential surplus or deficits, 
depending on the stock. Thus, some Sectors may need to rely upon ACE 
trading to ensure that sufficient ACE is available to maintain fishing 
operations, at least when compared to recent fishing activity, even 
though it is unclear whether recent fishing patterns by participating 
vessels would continue under Amendment 16.
    The economic impacts of the proposed Sector measures cannot be 
reliably quantified, since any given Sector may be expected to operate 
in a different manner. A quantitative estimate of the economic impact 
of the proposed action effort control measures on fishing businesses 
were reported in Section 7.5.11.1.3 of Amendment 16. However, a more 
precise estimate of the economic impact of each Sector is expected to 
be included in the environmental assessment accompanying annual Sector 
operations plans submitted to NMFS for approval and implementation for 
FY 2010. Since joining a Sector is voluntary, the economic impact on 
individual small fishing businesses that choose to join a Sector may be 
expected to be less than that estimated for the common pool.

Measures Applicable to Recreational and Charter/Party Vessels

    The proposed action would effectively continue most of the 
management measures implemented under the 2009 interim action, with the 
exception of the GB cod trip limit of 10 cod per person per day for 
charter/party vessels. For this reason, the proposed action would not 
have any economic impacts over and above what had previously been 
analyzed, but would likely have fewer economic impacts than the 2009 
interim action due to the absence of a possession restriction on GB cod 
for charter/party vessels. The manner in which the realized economic 
impacts during FY 2009 and continuing into FY 2010 and beyond may 
differ from that discussed below cannot be assessed at this time 
because FY 2009 will not end until April 30, 2010. A full description 
of the economic impacts of proposed recreational measures is included 
in Section 7.5.1.3 of Amendment 16.
    Available data indicate that about two-thirds of the 92 charter/
party vessels that participated in the NE multispecies fishery during 
FY 2007 would not be adversely affected by the proposed action. These 
vessels did not take any trips in the GOM during April 1 to April 15 on 
which cod were retained, and did not report keeping any winter flounder 
in the SNE/MA stock area. The remaining 29 participating vessels were 
estimated to lose an average of $10,393 in sales annually due to 
potential lost passengers as a result of the proposed measures for the 
recreational fishery.
    The realized impact on charter/party vessels is uncertain, since 
impacts depend on angler response to any one of the proposed measures. 
These responses may be expected to have different impacts depending on 
where charter/party operators are located. The majority of charter/
party operators from Maine, New Hampshire, and Massachusetts take trips 
exclusively in the GOM. Passenger demand in these three states would 
only be adversely affected by the 2-week extension of the closed season 
on GOM cod. While charter/party operators may be expected to try to 
shift trips that would otherwise have taken place during early April to 
later in the month, or into May, the ability to do so may be limited. 
At least some of the impacts of the extended closure may be offset by 
the reduction in the haddock size limit, as this action would increase 
the number of opportunities for charter/party passengers to keep more 
haddock. Since the majority of occasions where haddock were kept 
occurred in the GOM, to the extent that charter/party demand is 
influenced by the chance to keep more fish, passenger demand may be 
expected to increase for GOM charter/party operators.
    Unlike the charter/party passengers in the GOM, anglers taking 
charter/party trips may be affected by the prohibition on keeping SNE/
MA winter flounder. Compared to angler response to the GOM cod closure, 
adverse angler response to this measure may be larger because it would 
affect all trips, not just trips during a particular season. The 
prohibition on retaining winter flounder may be particularly sensitive, 
since the winter flounder season is short and occurs during early 
spring when the availability of substitute species is limited. Angler 
trip demand is believed to be driven by expectations, and the extent to 
which those expectations may be constrained by regulation may be 
anticipated to influence demand. This measure is likely to have a 
larger impact on charter/party operators from Rhode Island to New 
Jersey. Since the number of trips that also landed haddock is likely to 
be comparatively small, reduced passenger demand for trips in the SNE/
MA area may not be expected to be offset by the reduction in the 
haddock size limit.
    In addition to the measures implemented by the 2009 interim action, 
the proposed action would remove the limit on the number of hooks, 
remove the prohibition on filleting fish at sea, establish a process 
for implementing AMs if a sub-ACL specified for the recreational 
fishery is exceeded, revise the minimum size limit for Atlantic 
halibut, and prohibit the retention of Atlantic wolffish. The removal 
of the hook limit and the prohibition on filleting fish at sea would 
provide some economic relief to charter/party operators, although the 
relative magnitude of this relief is uncertain. Removal of the limit on 
hooks would likely increase the probability of catching NE 
multispecies, resulting in higher catch rates. Higher catch rates may 
also increase the probability of catching a legal sized fish and the 
number of legal-sized fish that may be kept. This is particularly 
important in so-called meat fisheries where the opportunity of landing 
larger numbers of legal-sized fish for personal consumption is an 
important factor influencing participation in the fishery. Therefore, 
removal of the hook limit would enhance the value of a recreational 
fishing trip, even if the number of fishing trips does not change. The 
magnitude of these economic benefits is uncertain as economic

[[Page 69411]]

studies of the relationship between improved catch rates and improved 
recreational fishing values have yet to be conducted. However, the 
economic benefits of improved catch rates may be offset if the catch 
exceeds the ACLs specified for the recreational fishery and triggers 
AMs. Because any AMs would reduce the catch of cod and haddock by the 
recreational fishery (the only two stocks that would be allocated a 
recreational sub-ACL under Amendment 16), if AMs are triggered, the 
value of a recreational trip would be decreased, although the magnitude 
of that decrease would depend upon the AM implemented. Since the AMs 
proposed in this action would only be developed once an overage has 
occurred, the expected impacts of such AMs cannot be predicted in this 
action, but would be analyzed in the action to implement such AMs, once 
triggered. However, such AMs are likely to be based upon existing 
measures such as seasonal closures for GOM cod, and bag/size limits for 
both GOM cod and GOM haddock. Therefore, because these measures would 
reduce opportunities to catch these stocks, recreational AMs would 
likely decrease both the opportunity to catch fish in the recreational 
fishery and the value of recreational trips for these stocks. At-sea 
filleting of fish may be expected to increase the quality of services 
that charter/party operators may offer to their customer base. Whether 
this service increases the demand for charter/party trips is uncertain, 
but it would increase the overall value of the recreational fishing 
experience. The change in Atlantic halibut size limit may be expected 
to have negligible, if any, economic impacts on the recreational NE 
multispecies fishery, as recreational catch of Atlantic halibut is very 
low, with only two Atlantic halibut, of unknown size, estimated to be 
caught by charter/party vessels in any one FY. A prohibition on the 
retention of Atlantic wolffish would result in some reduction in 
economic value to recreational NE multispecies anglers, although the 
magnitude of this reduction is uncertain. Although the economic value 
for anglers that may target wolffish may be expected to be negative, 
these trips represent such a small proportion of total angler trips 
that the magnitude of total economic impact is likely to be small and 
unlikely to appreciably affect the demand for charter/party trips.

Frameworkable Measures

    The Council has submitted, for approval, a number of measures that 
would be frameworkable. There are no economic impacts from this 
measure. However, each future framework action would need to contain an 
analysis of economic impact when applicable.

Measures Proposed To Mitigate Adverse Economic Impacts of the Proposed 
Action

    The proposed action contains a number of measures that would 
provide small entities with some degree of flexibility to be able to 
offset at least some portion of the estimated economic impacts 
associated with proposed measures. The major mitigating measures 
include revisions to the DAS Leasing and Transfer Programs; revisions 
to existing SAPs to facilitate the targeting of healthy stocks of 
haddock; revisions to Sector measures; and increased trip limits for 
certain stocks.
    As noted above, changes to the DAS Leasing and Transfer Programs 
are intended to eliminate administrative obstacles that limited 
participation in these programs. This is likely to increase 
participation in these programs and increase the economic efficiency of 
vessel operations and increase the possibility that vessels fishing 
under a NE multispecies DAS, particularly common pool vessels, would be 
able to acquire sufficient DAS to meet annual operating expenses and 
remain economically viable despite additional effort controls in the NE 
multispecies fishery. These benefits would not accrue under the no 
action alternative for each of these measures, therefore the proposed 
action is preferable to the no action alternative to minimize the 
economic impacts of proposed measures.
    Revisions to the existing SAPs would facilitate the harvest of 
haddock by continuing the Eastern U.S./Canada Haddock SAP, expanding 
both the season and area for the CA I Hook Gear Haddock SAP, and 
revising the existing CA II Yellowtail Flounder SAP to provide 
opportunities to access CA II to target haddock even when there is 
insufficient GB yellowtail flounder TAC to support a targeted fishery 
for GB yellowtail flounder both inside and outside the existing CA II 
Yellowtail Flounder SAP. These revisions would increase the likelihood 
that the fishery would harvest more of the abundant stocks of haddock, 
particularly on GB. Available TACs for GB haddock have been 
underharvested in recent years in part because of limited access to 
potentially higher concentrations of haddock within CA II. This 
proposed action would increase such access and likely lead to increased 
vessel revenue due to increased catch of available haddock resources, 
which may at least help offset reductions in revenue expected from 
increased effort controls necessary to rebuild overfished stocks. 
Although some of the proposed effort reductions would convert Category 
A DAS to Category B DAS, this may increase incentives to fish more 
selectively within these SAPs to enable vessels to avoid stocks of 
concern and continue fishing under a Category B DAS, thereby maximizing 
the economic return on available Category A and B DAS. Therefore, when 
compared to the no action alternative for each of these revisions to 
existing SAPs, the proposed action would offer increased economic 
benefits in the form of greater access to, and revenue from, available 
haddock resources.
    The proposed action would increase trip limits for several species, 
most notably GOM and GB cod, and CC/GOM and SNE/MA yellowtail flounder. 
These trip limits are intended to offset the substantial effort 
reductions in the form of reductions in Category A DAS and 24-hr DAS 
counting proposed under Amendment 16. Because of the commingled nature 
of the NE multispecies fishery, effort reductions necessary to meet the 
rebuilding objectives of one overfished stock often result in excessive 
effort reductions of other stocks. Therefore, the proposed revisions to 
trip limits are expected to narrow the gap between F reductions 
achieved and F reductions necessary for these stocks under this action. 
As a result, these trip limits would not only meet the biological 
objectives of this action based upon supporting analysis in Amendment 
16, but would also increase revenue for common pool vessels. Therefore, 
the proposed action would result in fewer economic impacts than the no 
action alternative for the common pool and is the preferred alternative 
under Amendment 16.
    Finally, several of the revisions to Sector measures could help 
mitigate the economic impacts of the proposed action. Under Amendment 
16, all approved Sectors would be exempt from several provisions, 
including portions of the GOM Rolling Closure Areas, NE multispecies 
DAS restrictions, seasonal closure areas, trip limits on stocks 
allocated to Sectors, and the requirement to use 6.5-inch (16.51-cm) 
mesh when using selective trawl gear on GB with a 6-inch (15.24-cm) 
codend. All of these measures would help increase the operational 
efficiency of Sector vessels and would likely lead to increased revenue 
for participating vessels. Because Sector vessels would no longer be 
limited by DAS allocations and would instead be limited by their

[[Page 69412]]

available ACE, the economic incentive changes from maximizing the value 
of all species on a DAS to maximizing the value of the ACE. This change 
places a premium on timing of landings to market conditions, as well as 
changes in the selectivity and composition of species landed on fishing 
trips. Based upon an evaluation of the economic performance of vessels 
participating in the current GB Cod Hook Sector, a Sector that has been 
in operation since FY 2004, the average revenue per individual Sector 
member nearly doubled between FY 2004 and 2008. Whether this difference 
in efficiency was because of the flexibility associated with regulatory 
exemptions or a self-selection effect is not known. Nevertheless, 
available information is suggestive that economic performance among 
Sector vessels may be expected to improve relative to continuing to 
remain under effort controls. In order to maximize the value of ACE 
available to Sectors, this proposed action would allow Sectors to trade 
ACE. ACE trading would also help ensure that Sectors have sufficient 
ACE available to continue operations in key stock areas and match 
individual Sector ACE portfolios with recent fishing activity by 
participating vessels or available fishing opportunities. In addition, 
vessels that declared their intent to participate in one of the 
existing Sectors would be allocated GB cod based upon landings history 
of this stock between FYs 1996 through 2001. This was meant to increase 
the stability of Sector allocations and preserve the value of existing 
Sector permits, particularly for those vessels that invested in permits 
with high landings histories of this stock during this period. The 
selection of Option 5 (using landings history between FY 1996 and 2001 
for calculating the GB cod PSC) under the proposed action would 
increase the PSC available to such vessels by approximately 2 percent. 
This action would also provide the Regional Administrator with the 
authority to exempt Sector vessels from some of the proposed reporting 
requirements for multi-area trips or when participating in SMPs. This 
may reduce the operational costs by vessels, as they would not be 
required to submit daily or trip-level catch reports via VMS, reports 
that could cost as much as $0.764 per submission. Finally, this action 
would authorize 17 new Sectors. Sectors allow participating vessels to 
pool harvesting resources and consolidate fishing effort onto fewer 
vessels to increase the flexibility and economic efficiency of fishing 
operations. Because Sectors are self-selecting groups, they provide 
incentives to self-govern and assurance to participating vessels that 
Sector members would not face catch reductions as a result of overages 
by other Sectors or the common pool. Under the no action alternative, 
none of the above benefits associated with the proposed revised Sector 
would be realized. Therefore, the proposed action is preferable to the 
no action alternative for these measures. In addition, because the 
proposed action preserves the value of investments made to participate 
in the existing Sectors, all of the additional alternatives to PSC 
calculations (i.e., Alternatives 2, 3, and 4) not selected by the 
Council under Amendment 16 would devalue such permits and reduce the GB 
PSC allocated to such permits by 2 percent.

Economic Impacts of Alternatives to the Proposed Action

Measures Applicable to Commercial Vessels

Overall Impacts
    The no action alternative would not implement new rebuilding 
programs for overfished stocks or revise mortality targets for existing 
rebuilding programs. For some stocks, the existing Amendment 13 
mortality targets are higher than the proposed revisions, but for 
others, the existing rebuilding targets are lower than those in the 
proposed action. Therefore, the no action alternative would produce 
both higher and lower landing streams for particular stocks in the 
short-term. In general, however, it would be expected that the no 
action alternative would lead to lower landing streams over the long-
term. In addition, because the no action alternative would not 
implement rebuilding programs for five stocks newly classified as being 
overfished, landing streams for these stocks would likely be lower over 
the long-term because continued fishing at existing levels would not 
rebuild the stock. Accordingly, over the long-term, the no action 
alternative would result in fewer economic benefits from rebuilt stocks 
compared to the proposed action.
    In addition to the proposed action, three other effort control 
alternatives for commercial vessels were considered. These alternatives 
included the no action alternative (Alternative 1), an alternative that 
relied on increased use of differential DAS (Alternative 2A), and 
another alternative (Alternative 4) that would have implemented a 40-
percent reduction in DAS from DAS allocations in FY 2006 along with 
restricted gear areas. Alternatives 2A and 4 assumed that no additional 
Sectors would be formed and that all vessels issued a limited access NE 
multispecies permit would operate under the effort controls of the 
common pool. A detailed comparison of estimated economic impacts 
between the proposed action and the non-selected alternatives may be 
found in Section 7.5.11.1.6 of Amendment 16.
    Because the economic impact analysis for these alternatives assumed 
that no Sectors would be formed under Amendment 16, the small entities 
affected by these alternatives include all vessels issued a limited 
access NE multispecies permit or an open access NE multispecies 
Handgear B permit. In terms of total fishing revenue, the aggregate 
impact of the proposed action on such vessels is expected to be lower 
(a 9.8-percent reduction, or $15.4 million) than the impacts of 
Alternative 2A (14.7-percent reduction, or $23.1 million) and 
Alternative 4 (18.5-percent reduction, or $29.2 million). However, the 
aggregate economic impact of the no action alternative (a 7.7-percent 
reduction, or $12.2 million) would be lower than that expected from the 
proposed action. Similar patterns are observed when evaluating changes 
in revenue where regulated species and ocean pout were the predominant 
species landed. For example, the no action alternative would result in 
a 12.1-percent reduction ($12.2 million) in NE multispecies revenue, 
Alternative 2A would result in a 22.9-percent reduction ($23.1 million) 
in NE multispecies revenue, Alternative 4 would result in a 28.9-
percent reduction ($29.2 million) in NE multispecies revenue, but the 
proposed action would result in a 15.2-percent reduction ($15.4 
million) in NE multispecies revenue. Among the alternatives considered, 
Alternative 4 tended to have larger adverse impacts on fishing 
businesses across home port states and dependence on NE multispecies 
for total fishing income. Alternative 2A tended to have larger adverse 
impacts on vessels from Maine and Massachusetts, while the proposed 
action impacts were larger for vessels from New Hampshire as well as 
from SNE and MA states. However, due to differences in fishing 
strategies at the individual business level, one alternative may 
provide regulatory relief for some vessels, but may prove more 
burdensome for others. There was no one alternative that would have 
provided regulatory relief for all fishing businesses.
    Section 7.5.1.3.1.2 of Amendment 16 discusses the number of DAS 
that are necessary to cover annual fixed costs for the range of 
alternatives considered in Amendment 16. According to this

[[Page 69413]]

analysis, the total number of Category A DAS needed for all limited 
access permit holders that participated in the NE multispecies fishery 
to break even were estimated to be 34,078 DAS. Under the no action 
alternative, approximately 36,000 Category A DAS would be available to 
limited access NE multispecies vessels due to the 18-percent DAS 
reduction scheduled for FY 2009 under Amendment 13. With no changes to 
existing trip limits, differential DAS counting, or other measures, 
this amount of DAS available would exceed the number of DAS necessary 
for the fleet to meet expenses. Alternative 2A would also result in 
36,000 Category A DAS allocated to the fleet, but would apply 
differential DAS counting over broader geographic areas, would revise 
the rates applied in specific areas, implement restricted gear areas, 
and both increase and decrease the existing trip limits for several 
stocks. Although this alternative would increase trip limits for some 
stocks and, therefore, decrease the number of DAS necessary to meet 
expenses, it would also increase the rate at which DAS are used and 
increase the number of DAS necessary. Therefore, it is difficult to 
predict whether Alternative 2A would provide sufficient DAS to meet 
annual expenses. Alternative 4 would reduce allocated Category A DAS by 
40 percent, to 26,400 Category A DAS, but would eliminate existing 
differential DAS counting areas. Although this alternative would 
include the same changes to trip limits as Alternative 2A, it is not 
likely that increased trip limits for some stocks would produce 
sufficient revenue to overcome overall reductions in DAS to meet annual 
expenses. Finally, the proposed action would result in approximately 
22,000 DAS allocated to the fleet. While carry-over DAS may offset some 
of the reductions for these alternatives and the increased availability 
of Category B DAS may encourage participation in SMPs, it is unclear 
whether these factors would be sufficient to allow vessels to meet 
expenses or make a profit under each alternative.
    Even though the no action alternative would result in the fewest 
economic impacts to affected vessels and likely provide sufficient DAS 
for vessels to meet annual expenses, the no action alternative would 
not achieve the reductions in F necessary to rebuild overfished stocks 
or achieve the biological objectives of the FMP and is, therefore, not 
consistent with applicable law. In contrast, the proposed action is 
consistent with applicable law because it would achieve the biological 
objectives of the FMP, including implementing rebuilding plans for 
newly overfished stocks and reducing F for all stocks necessary to 
rebuild stocks within established rebuilding periods, while resulting 
in the fewest economic impacts to affected entities among the other 
alternatives considered. Over the long term, economic benefits from 
rebuilt stocks would mean that the proposed action would produce the 
most economic benefits to affected entities once stocks rebuild when 
compared to the alternatives considered in this action.
    The no action alternative would not distribute available regulated 
species and ocean pout ACLs between the commercial and recreational 
fisheries. As a result, the catch from both fisheries would be used to 
determine whether additional measures are necessary in the future to 
ensure that stocks rebuild. Accordingly, if one group catches regulated 
species or ocean pout in excess of historical trends, the other group 
would likely be affected by any management measures that would be 
necessary to rebuild the stock. This would result in greater economic 
impacts than the proposed action, as the entire fishery would be 
subject to such measures rather than the group responsible for the 
overage.
Impacts of Alternative Common Pool Measures
    In addition to the overall impacts listed above, there are 
additional economic impacts associated with other alternatives 
considered under Amendment 16 that apply only to common pool vessels. 
Regarding the DAS Leasing and Transfer Programs, the other alternatives 
would not have revised these programs to allow CPH vessels to 
participate in either program, would not temporarily or permanently 
remove the DAS conservation tax or the cap on DAS leasing, would impose 
a tax on DAS leased, or would refund any DAS lost to the application of 
a DAS conservation tax during DAS transfers in previous FYs. Therefore, 
with the exception of the alternative that would refund DAS lost due to 
the DAS conservation tax, these other alternatives would increase costs 
compared to the proposed action by reducing the DAS available to either 
program and making available DAS more expensive to acquire. In 
addition, permit holders would incur costs associated with activating 
permits in CPH to participate in these programs, or maintaining 
multiple vessels to fish a given number of DAS that could be fished on 
one vessel if not for the leasing cap. While one alternative to the 
proposed action would have refunded any DAS lost due to the DAS 
conservation tax in the DAS Transfer Program, this would have only 
marginally increased the DAS available to such vessels by 81.52 
Category A DAS, 148.23 Category B DAS, and 416.41 Category C DAS. 
Cumulatively, the Category A and B DAS lost to the conservation tax 
represented only 0.2 percent of the total number of the Category A and 
B DAS allocated to the entire fishery in FY 2007 (Category C DAS cannot 
be used by any vessel at this time). Refunding these DAS would result 
in additional DAS that could increase, although marginally, the amount 
of regulated species and ocean pout that would be harvested in future 
FYs. Because additional effort reductions are necessary under this 
action to rebuild several NE multispecies stocks, allowing additional 
effort into the fishery would compromise the rebuilding objectives of 
the FMP and result in fewer long-term economic benefits than the 
proposed action.
    The no action alternative would not revise the CA I Hook Gear 
Haddock SAP or the CA II Yellowtail Flounder SAP to facilitate the 
harvest of haddock; would allow the Eastern U.S./Canada Haddock SAP to 
expire; would not include pollock as a stock of concern, or implement 
reduced trip limits and an incidental catch TAC for pollock in the 
Regular B DAS Program; would allow the SNE/MA Winter Flounder SAP to 
continue; and would not implement the GOM Haddock Gillnet Pilot 
Program. Combined, the no action alternative for the SAPs and the GOM 
Haddock Gillnet Pilot Program would result in increased economic 
impacts compared to the proposed action due to foregone opportunities 
to increase the catch of the abundant haddock resource. However, the no 
action alternative for the Regular B DAS Program would result in fewer 
short-term economic impacts than the proposed action, as vessels would 
be able to continue to target pollock using a Regular B DAS, but 
increased long-term economic impacts, as continued targeting of pollock 
would likely increase F on this species and delay economic benefits 
from a rebuilt species. Similar long-term impacts would also occur for 
SNE/MA winter flounder under the no action alternative, as it would 
continue the SNE/MA Winter Flounder SAP and the associated catch of 
this stock, despite the need to reduce F to as close to zero as 
practicable to rebuild this stock. Thus, the proposed action would 
result in fewer long-term economic impacts

[[Page 69414]]

than the no action alternatives for these measures.
    The no action alternative would not reduce the haddock minimum size 
limit to 18 inches (45.7 cm) or increase the minimum size limit for 
Atlantic halibut to 41 inches (104.1 cm). This would result in reduced 
revenue due to haddock landings when large year classes enters the 
fishery, such as when the 2003 year class entered the fishery in 2007 
and 2008, but would likely result in a small increase in fishing 
revenue compared to the proposed action due to catch of smaller halibut 
when compared to the proposed action. However, because the no action 
alternative could potentially delay rebuilding of Atlantic halibut, the 
proposed action would have greater overall long-term economic impacts 
to affected entities.
    Under the no action alternative, most vessels would not be able to 
be issued both a limited access Atlantic sea scallop and a limited 
access NE multispecies permit at the same time (vessels issued a 
limited access NE multispecies combination permit--Category E permit--
are already allowed to be issued both a limited access NE multispecies 
permit and a limited access Atlantic sea scallop permit). This would 
restrict the flexibility of vessels to participate in more than one 
fishery and prevent the consolidation of fishing opportunities for two 
fisheries onto one vessel. As a result, there would be less effective 
use of capital assets than would occur if the restriction were lifted 
under the proposed action.
    In contrast to the proposed action, the no action alternative would 
not implement AMs for common pool vessels. The no action alternative 
would likely result in fewer short-term economic impacts than the 
proposed action, as AMs would not be implemented. Failure to implement 
AMs would maintain or increase the catch of regulated species and ocean 
pout even after sub-ACLs allocated to the common pool have been caught. 
In addition, common pool vessels would not be responsible for costs 
associated with dockside monitoring, as required in FY 2012 and beyond 
under the proposed action. However, long-term economic impacts would 
likely be higher for the no-action alternative because AMs are intended 
to prevent overfishing and increase the probability that rebuilding 
objectives of the FMP are achieved. In addition, without AMs for the 
common pool fishery, Sector vessels or the recreational fishery may be 
subject to lower overall catch due if stocks fail to rebuild and lower 
ACLs are necessary as a result.
Impacts of Alternative Sector Measures
    The economic impacts of the options considered for determining PSCs 
are described in detail in Section 7.5.1.2.3 of Amendment 16. The 
proposed action would calculate PSC based upon landings history between 
FYs 1996-2006 for all stocks (Option 1), except that the PSC for GB cod 
would be calculated based upon landings history between FYs 1996-2001 
for vessels that had signed preliminary rosters for existing Sectors as 
of March 1, 2008 (Option 5). The other PSC alternatives include no 
action (landings history for the most recent 5-yr period), and options 
involving a combination of landings history between FYs 1996-2006 and a 
measure of capacity based upon vessel size and horsepower and/or 
allocated DAS (Options 2 through 4). The analysis of these options 
indicated that larger vessels would receive the most value from the PSC 
selected in the proposed action (i.e., PSC Option 1), but that medium 
vessels would receive the most value from PSC Option 4, while small 
vessels would receive the most value from the no action PSC option. The 
impacts of the PSC options for vessel size class vary from stock-to-
stock, based upon the size class of vessels that predominantly landed 
that stock. Also, the impacts vary based upon the areas fished by 
individual vessels. In general, vessels that fished in all areas would 
receive more PSC under the no action PSC option or Option 1. Permits 
that fished only in the GOM or on GB would receive the most PSC under 
Option 4, while vessels that fished exclusively in SNE would receive 
the most PSC under Options 3 or 4. Impacts of these alternatives by 
homeport state also vary based upon the distribution of various stocks 
among the PSC options considered. For example, Massachusetts vessels 
would have benefited the most from the no action alternative, but 
vessels from Maine and New Hampshire would have benefited the most from 
PSC Option 4. Vessels from more southerly states would receive more PSC 
from Option 3. In general, PSC options involving capacity (i.e., 
Options 2 through 4) tended to shift allocations from vessels with 
higher landings history-based allocations to vessels with lower 
history-based allocations compared to the proposed action. When 
combined with Option 5, permits that were not committed to the existing 
two Sectors would have their GB cod PSC reduced by approximately 2.1 
percent compared to their PSC if only Option 1 were adopted. However, 
these permits would lose the most GB cod PSC if Options 2, 3, or 4 were 
adopted with Option 5. Therefore, because the proposed action adopts 
Options 1 and 5, the vast majority of vessels would receive the most GB 
cod PSC out of the possible combinations of alternatives that the 
Council could have selected. Although the PSC options considered all 
have different effects on different vessels, Options 1 and 5 were 
selected to reflect current participation in the fishery based upon 
landings history (i.e., including vessel capacity in the calculation of 
PSCs would shift allocation of ACLs from vessels that have actively 
participated in the fishery by landing regulated species and ocean pout 
to those that may not have participated as actively in the fishery), 
mitigate the regulatory changes and their impacts on individual 
vessels, and to preserve the value of permit investments made by vessel 
owners interested in participating in one of the existing Sectors.
    The no action alternative would not implement provisions for 
trading ACE between Sectors or allow Sectors to carry forward unused 
ACE into the following FY. The inability to trade ACE would likely 
result in Sectors not fully harvesting allocated ACE, as Sector catch 
may not precisely mirror ACE allocations for each stock, sacrificing 
yield and associated fishing revenue. In contrast, the inability to 
carry forward unused ACE would produce incentives to fully harvest any 
ACE allocated, thereby also creating incentives to potentially 
illegally discard legal-sized fish to maximize catch of ACE 
allocations. In comparison with the proposed action, this would result 
in less efficient operations and likely short-term and long-term 
economic impacts due to lost yield and, possibly, delays in rebuilding 
stocks.
    Compared to the proposed action, the no action alternative would 
have maintained existing Sector operations plan requirements, 
monitoring/reporting requirements, and provisions for SMPs. All of 
these measures would likely result in fewer costs to potential Sectors, 
as the proposed action would increase requirements for Sector 
operations plans; increase monitoring/reporting requirements for 
Sectors; and, with the exception of the CA I Hook Gear Haddock SAP, 
fail to specify which SMP provisions would apply to Sector vessels. The 
cost savings from avoiding the additional monitoring requirements of 
the proposed action are listed in the economic impacts of the proposed 
action above, but the savings from avoiding the additional reporting 
costs are less certain. Reporting costs include costs associated with 
additional VMS

[[Page 69415]]

catch reports to individual vessel owners. Depending on the individual 
vessel's contract with the VMS vendor, such costs may be covered by 
existing contracts. However, additional reporting costs associated with 
the proposed action would include a cost of approximately $0.004 per 
character, plus approximately $0.50 for each submission via VMS, or 
approximately $0.764 per report. Thus, the no action alternative would 
result in equivalent savings compared to the proposed action, but the 
amount of such savings would depend upon the VMS contract to individual 
vessels. Although the no action alternative for these provisions would 
cost less than the proposed action, the proposed action was selected 
because these additional requirements are considered necessary to 
adequately monitor Sector catch on a real-time basis, understand and 
evaluate the likely impacts of Sector operations, and more consistently 
apply the principles behind Sector management (i.e., to promote more 
flexible and efficient operations by self-selecting and self-governing 
groups of individual vessels) across all facets of vessel operations, 
including those in designated SMPs.

Measures Applicable to Recreational and Charter/Party Vessels

    Two alternatives to the proposed action affect whether recreational 
anglers could land NE multispecies as fillets without the skin: Option 
1 would allow fillets to be landed without skin, while the no action 
alternative (Option 3) would maintain the existing prohibition on 
landing fillets without skin. Option 1 would increase the economic 
value of recreational trips, particularly charter/party trips, as 
vessels could provide filleting and skinning as a service to customers. 
However, landing fish without skin would complicate enforcement and 
assessment of recreational catch, as species identification would be 
very difficult. This may, in turn, increase management uncertainty for 
the recreational fishery and lower ACLs as a result. This would likely 
result in increased economic impacts compared to either the proposed 
action or the no action alternative, which would require at least some 
skin to remain on fillets. The no action alternative may impact income 
for crew aboard charter/party vessels, as skinning fillets would 
continue to be prohibited until landing. The proposed action was 
selected as a compromise between the alternatives considered, as it 
would allow fillets to be landed with only a small portion of the skin 
intact to facilitate species identification and enforcement of minimum 
fish sizes and trip limits.
    Amendment 16 considered two other options for reducing GOM cod 
mortality in the recreational fishery: Option 1 would increase the 
minimum size limit to 26 inches (66 cm), while Option 2 would reduce 
the bag limit to six fish per trip. If recreational fishing value is 
based upon the opportunity to catch a fish, economic impacts associated 
with Option 1 would likely be less than that for either Option 2 or the 
proposed action, as both later options would reduce opportunities to 
fish. However, if the increased size limit of Option reduces the 
possibility that cod could be retained, then the economic impacts could 
differ, as both Options 2 and the proposed action would maintain the 
existing size limits for GOM cod. However, the proposed action was 
selected because seasonal closures are the most effective means to 
reduce recreational catch and ensure that conservation objectives are 
achieved for this portion of the fishery.
    The no action alternative would allow recreational vessels to 
possess and retain Atlantic wolffish. Based upon existing data, 
approximately 1,644 charter/party trips targeted this species during 
2006-2007. Thus, the no action would maintain the value associated with 
these trips, resulting in fewer economic impacts than the proposed 
action that would prohibit the possession of this species by both 
commercial and recreational vessels. However, the proposed action would 
implement a rebuilding program for this species that includes a 
prohibition on landings by all vessels. While this would result in 
short-term economic losses to the recreational fishery, such measures 
are necessary to rebuild the stock and preserve future opportunities to 
harvest the species as it rebuilds.
    Amendment 16 considered several alternatives to the proposed action 
regarding recreational fishery AMs. These alternatives included no AMs 
under the no action alternative, AMs developed exclusively by the 
Council under Option 1, and AMs developed exclusively by NMFS under 
Option 2. Because these alternatives involve processes for specifying 
AMs, but do not actually propose any specific AMs, the economic impacts 
associated with these alternatives are based upon the timing of when 
such AMs would be implemented and the actual AMs that would be 
implemented from these processes. For example, due to the length of the 
Council process and the timing of Council meetings, it is likely that 
any AMs developed under Option 1 would not be available until after 
anglers begin reserving fishing trips during the early spring. This may 
affect whether customers will actually commit to a particular trip 
without knowing the applicable regulations. If this affects customer 
behavior, Option 1 would likely result in fewer charter/party trips, 
particularly if regulations are not finalized until later in the 
spring. Options 1 and 2 would result in some impact to the recreational 
fishery, but this impact is heavily dependent upon the AMs developed 
under those options. Changes in bag limits, minimum sizes, and 
shortened seasons typically reduce the catch and, therefore, value of 
recreational trips. Because changes to bag limits and minimum sizes are 
less effective at reducing recreational catch, these measures must 
generally be implemented for greater durations, resulting in greater 
adverse economic impacts than closures. However, economic impacts 
associated with reduced opportunities to catch one species may be 
offset by increased opportunities to catch another stock. As a result, 
Options 1 and 2 may not result in different economic impacts than the 
proposed action unless customer behavior is affected by when the 
regulations are available. Under the No Action alternative, AMs would 
not be adopted. While this avoids the economic impacts of AMs in the 
short term, this may make it less likely that mortality objectives are 
achieved and could result in more stringent measures in the future. The 
proposed action was selected because it represents a compromise between 
the other alternatives considered. Under the proposed action, NMFS 
would develop appropriate AMs in consultation with the Council. This 
would allow AMs to be implemented in the most expedient manner, thereby 
decreasing the possibility that AMs would be implemented too late to be 
effective during the FY following an overage. In addition, because the 
Council includes members of state resource management agencies, the 
agencies responsible for managing the vast majority of recreational 
fishing activity, consultation with the Council was considered 
necessary to implement AMs that would effectively reduce recreational 
catch.
    Description of the projected reporting, recordkeeping, and other 
compliance requirements of the proposed rule:

Reporting and Recordkeeping Requirements

    The proposed measures under Amendment 13 include the following 
provisions requiring either new or revised reporting and recordkeeping

[[Page 69416]]

requirements: (1) Sector operations plan and associated NEPA analysis, 
(2) dockside/at-sea monitoring service provider application, (3) 
dockside/at-sea monitoring service provider response to application 
disapproval, (4) data entry for Sector discard monitoring system, (5) 
Sector weekly catch report, (6) Sector annual report, (7) notification 
of expulsion from a Sector, (8) request to transfer ACE, (9) VMS 
installation, (10) VMS certification form, (11) VMS confirmation call, 
(12) automated VMS polling of vessel position, (13) VMS area and DAS 
declaration, (14) VMS trip-level catch reports, (15) request for a LOA 
to participate in the GOM Haddock Gillnet Pilot Program, (16) request 
for a LOA to fish in a NE multispecies RGA, (17) VMS declaration to 
fish in a NE multispecies RGA, (18) pre-trip hail report to a dockside 
monitoring service provider, (19) trip-end hail report to a dockside 
monitoring service provider, (20) confirmation of dockside monitoring 
trip-end hail report, (21) dockside/roving service provider data entry, 
(22) dockside/roving or at-sea monitor deployment report, (23) 
dockside/roving or at-sea monitoring service provider catch report to 
NMFS upon request, (24) dockside/roving or at-sea monitor report of 
harassment and other issues, (25) OLE debriefing of dockside/roving or 
at-sea monitors, (26) copy of dockside/roving or at-sea monitoring 
service provider contract upon request, (27) copy of dockside/roving or 
at-sea monitoring service provider information materials upon request, 
(28) observer program pre-trip notification, (29) daily VMS catch 
reports when fishing in the U.S./Canada Management Area and CA II SAPs, 
(30) daily VMS catch reports when fishing in the CA I Hook Gear Haddock 
SAP, (31) daily VMS catch reports when fishing in the Regular B DAS 
Program, and (32) copy of the dealer weigh-out slip or dealer signature 
of the dockside monitor report.
    The costs associated with the new and revised reporting and 
recordkeeping requirements specified in this action are detailed in the 
PRA analysis associated with Amendment 16. Some of these costs are 
minimal, consisting only of postage and copying costs. However, other 
costs are more substantial and are detailed for several of the more 
involved information collections below.
    Any NE multispecies DAS vessel, including a vessel participating in 
a Sector, that intends to fish in any SMP, including the U.S./Canada 
Understanding and all SAPs, would be required to use VMS when 
participating in these programs. In addition, any Handgear A permit 
participating in a Sector would be required to use VMS to comply with 
the declaration and reporting requirements associated with measures 
proposed under Amendment 16. Any vessel that does not currently possess 
a VMS must obtain one prior to fishing in a SAP, the U.S./Canada 
Management Area, or on a Sector trip. The cost of purchasing and 
installing VMS is currently estimated at $3,600 per vessel, with 
operational costs estimated at approximately $150 per month. Amendment 
16 would require a vessel issued a limited access NE multispecies 
permit fishing in multiple broad stock areas to submit a trip-level 
catch report via VMS for such trips. These catch reports would cost 
approximately $0.79 per report, for a total yearly cost of 
approximately $15 for the 134 vessels that are expected to fish in 
multiple areas on the same trip, based upon historic data.
    There are costs associated with several of the reporting and 
recordkeeping measures proposed for Sectors under this action. The 
development of a Sector operations plan and associated NEPA analysis is 
estimated to require approximately 4 months for each document, 
resulting in a cost of approximately $150,000 to each Sector (i.e., 
$50,000 for the development of the operations plan, and $100,000 for 
the development of an EA) on an annual basis. These costs are likely to 
decrease in future years, as subsequent operations plans and EAs could 
build upon the original documents. It is estimated that approximately 
$2,500 per year would be required to purchase and enter data into a 
discard database for each Sector. Finally, the weekly Sector catch 
reports are expected to cost approximately $5,200 to prepare and submit 
to NMFS, while the annual Sector report is expected to cost about $304 
per Sector to develop.
    Amendment 16 would require dockside monitoring for Sector vessels 
beginning in FY 2010, while common pool vessels would be subject to 
dockside monitoring beginning in FY 2012. The pre-trip hail reporting 
requirements would cost approximately $12 per vessel each year, 
assuming that such reports were made via VMS. Due to the more expansive 
information required for the trip-end hail reports, the yearly cost to 
each vessel would be approximately $17, assuming that such reports were 
made via VMS. Costs to vessels receiving dockside/roving monitoring 
services proposed under Amendment 16 include $10 per year for 
confirming pre-trip hail reports and $13 to confirm trip-end hail 
reports and specify whether a particular trip would be observed by a 
dockside monitor. Requirements to maintain and enter data into a 
dockside monitoring database would cost approximately $4,225 per 
service provider annually, while submitting dockside monitoring data to 
NMFS would cost each service provider approximately $36,000 per year. 
Similar costs to service providers are expected to notify Sector 
vessels of selection for at-sea/electronic monitoring coverage ($3,125 
per year) and to submit at-sea/electronic monitoring data to NMFS 
($36,000 per year).

Other Compliance Requirements

    The only other compliance costs associated with this proposed rule 
are those associated with the gear requirements specified for the NE 
multispecies RGAs. Any NE multispecies vessel that elects to fish in 
the common pool would be required to utilize selective fishing gear 
when fishing in the NE multispecies RGAs. If a vessel does not already 
possess such selective gear, a new haddock separator trawl net, rope 
trawl, or Ruhle trawl is estimated to cost approximately $13,000, or 
about $750 to modify existing gear. Sector vessels would not be subject 
to the RGA measures or the costs associated with such selective gear.
    This rule contains collection-of-information requirements subject 
to review and approval by OMB under the Paperwork Reduction Act. These 
requirements have been submitted to OMB for approval. Public reporting 
burden for these collections of information are estimated to average, 
as follows:
    1. Sector operations plan and associated NEPA analysis, 
OMB 0648-0202, (640 hr/response);
    2. Dockside/at-sea monitoring service provider application, 
OMB 0648-0202, (10 hr/response);
    3. Dockside/at-sea monitoring service provider response to 
application disapproval, OMB 0648-0202, (10 hr/response);
    4. Data entry for sector discard monitoring system, OMB 
0648-0202, (3 min/response);
    5. Sector weekly catch report, OMB 0648-0202, (4 hr/
response);
    6. Sector annual report, OMB 0648-0202, (12 hr/response);
    7. Notification of expulsion from a Sector, OMB 0648-0202, 
(30 min/response);
    8. Request to transfer ACE, OMB 0648-0202, (5 min/
response);
    9. VMS installation, OMB 0648-0202, (1 hr/response);

[[Page 69417]]

    10. VMS certification form, OMB 0648-0202, (10 min/
response);
    11. VMS confirmation call, OMB 0648-0202, (5 min/
response);
    12. Automated VMS polling of vessel position, OMB 0648-
0202, (5 sec/response);
    13. VMS area and DAS declaration, OMB 0648-0202, (5 min/
response);
    14. VMS trip-level catch reports, OMB 0648-0212, (15 min/
response);
    15. Request for a LOA to participate in the GOM Haddock Gillnet 
Pilot Program, OMB 0648-0202, (5 min/response);
    16. Request for a LOA to fish in a NE multispecies RGA, 
OMB 0648-0202, (5 min/response);
    17. VMS declaration to fish in a NE multispecies RGA, OMB 
0648-0202, (5 min/response);
    18. Pre-trip hail report to a dockside monitoring service provider, 
OMB 0648-0202, (2 min/response);
    19. Trip-end hail report to a dockside monitoring service provider, 
OMB 0648-0202, (15 min/response);
    20. Confirmation of dockside monitoring trip-end hail report, 
OMB 0648-0202, (2 min/response);
    21. Dockside/roving service provider data entry, OMB 0648-
0202, (3 min/response);
    22. Dockside/roving or at-sea monitor deployment report, 
OMB 0648-0202, (10 min/response);
    23. Dockside/roving or at-sea monitoring service provider catch 
report to NMFS upon request, OMB 0648-0202, (5 min/response);
    24. Dockside/roving or at-sea monitor report of harassment and 
other issues, OMB 0648-0202, (30 min/response);
    25. OLE debriefing of dockside/roving or at-sea monitors, 
OMB 0648-0202, (2 hr/response);
    26. Copy of dockside/roving or at-sea monitoring service provider 
contract upon request, OMB 0648-0202, (30 min/response);
    27. Copy of dockside/roving or at-sea monitoring service provider 
information materials upon request, OMB 0648-0202, (30 min/
response);
    28. Observer program pre-trip notification, OMB 0648-0202, 
(2 min/response);
    29. Daily VMS catch reports when fishing in the U.S./Canada 
Management Area and CA II SAPs, OMB 0648-0212, (15 min/
response);
    30. Daily VMS catch reports when fishing in the CA I Hook Gear 
Haddock SAP, OMB 0648-0212, (15 min/response);
    31. Daily VMS catch reports when fishing in the Regular B DAS 
Program, OMB 0648-0212, (15 min/response); and
    32. Copy of the dealer weigh-out slip or dealer signature of the 
dockside monitor report, OMB 0648-0212 (2 min/response).
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to (enter 
office name) at the ADDRESSES above 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

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 10, 2009.
Samuel D. Rauch, III,
Deputy Assistant Administrator, for Regulatory Programs, National 
Marine Fisheries Service.
    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.2, revise the definitions for ``NE multispecies or 
multispecies,'' ``Regulated species,'' and ``Sector,'' and add new 
definitions for ``Annual catch entitlement (ACE),'' ``At-sea monitor,'' 
``Common pool trip,'' ``Common pool vessel,'' ``Dockside/roving 
monitor,'' ``Electronic monitoring,'' ``Observer/sea sampler,'' 
``Potential Sector contribution (PSC),'' ``Sector trip,'' and ``Sector 
vessel'' in alphabetical order to read as follows:


Sec.  648.2   Definitions.

* * * * *
    Annual catch entitlement (ACE), with respect to the NE multispecies 
fishery, means the share of the annual catch limit (ACL) for each NE 
multispecies stock that is allocated to an individual Sector based upon 
the cumulative fishing history attached to each permit participating in 
that Sector in a given year. This share may be adjusted due to 
penalties for exceeding the Sector's ACE for a particular stock in 
earlier years, or due to other violations of the FMP, including the 
yearly Sector operations plan. When a Sector's share of a NE 
multispecies stock, as determined by the fishing histories of vessels 
participating in that Sector, is multiplied by the available catch, the 
result is the amount of ACE (live weight in pounds) that can be 
harvested (landings and discards) by participants in that Sector during 
a particular fishing year.
    At-sea monitor, with respect to the NE multispecies fishery, means 
any person responsible for observing, verifying, and reporting area 
fished, catch, and discards of all species by gear type for Sector 
trips as part of an approved Sector at-sea monitoring program.
* * * * *
    Common pool trip, with respect to the NE multispecies fishery, 
means any trip taken by a common pool vessel under a NE multispecies 
DAS or under the provisions of a limited access NE multispecies Small 
Vessel or Handgear A permit, or an open access Handgear B permit that 
lands regulated species or ocean pout.
    Common pool vessel, with respect to the NE multispecies fishery, 
means any vessel issued a limited access NE multispecies permit or open 
access NE multispecies Handgear B permit that is not a member of an 
approved Sector for a particular fishing year and that is not operating 
under the provisions of an approved Sector operations plan. Such 
vessels must use a NE multispecies DAS, or be fishing under the 
provisions of a limited access NE multispecies Small Vessel or Handgear 
A permit, or an open access Handgear B permit, to land regulated 
species or ocean pout, and must comply with effort controls, trip 
limits, gear restricted areas, and other provisions specified in this 
part. Vessels fishing under the provisions of the common pool are also 
referred to as non-Sector vessels.
* * * * *
    Dockside/roving monitor, with respect to the NE multispecies 
fishery, means any person responsible for observing/verifying the 
offloads of all species by common pool or Sector vessels either 
directly to a federally permitted dealer or to a truck for later 
delivery to a federally permitted dealer, and for certifying the 
accuracy of landed

[[Page 69418]]

weights, as reported by federally permitted dealers, pursuant to this 
part.
* * * * *
    Electronic monitoring, with respect to the NE multispecies fishery, 
means any equipment that is used to monitor area fished and the amount 
and identity of species kept and discarded in lieu of at-sea monitors 
as part of an approved Sector at-sea monitoring program.
* * * * *
    Northeast (NE) multispecies or multispecies means the following 
species:
    American plaice--Hippoglossoides platessoides.
    Atlantic cod--Gadus morhua.
    Atlantic halibut--Hippoglossus hippoglossus.
    Atlantic wolffish--Anarhichas lupus.
    Haddock--Melanogrammus aeglefinus.
    Ocean pout--Macrozoarces americanus.
    Offshore hake--Merluccius albidus.
    Pollock--Pollachius virens.
    Redfish--Sebastes fasciatus.
    Red hake--Urophycis chuss.
    Silver hake (whiting)--Merluccius bilinearis.
    White hake--Urophycis tenuis.
    Windowpane flounder--Scophthalmus aquosus.
    Winter flounder--Pleuronectes americanus.
    Witch flounder--Glyptocephalus cynoglossus.
    Yellowtail flounder--Pleuronectes ferruginea.
* * * * *
    Observer/sea sampler means any person certified/approved by NMFS to 
collect operational fishing data, biological data, or economic data 
through direct observation and interaction with operators of commercial 
fishing vessels as part of NMFS' Northeast Fisheries Observer Program 
and Northeast At-sea Monitoring Program. Observer/sea samplers are also 
referred to as fisheries observers, fisheries observers/sea samplers, 
and NMFS-certified fisheries observers/sea samplers.
* * * * *
    Potential Sector contribution (PSC), with respect to the NE 
multispecies fishery, means an individual vessel's share of the ACL for 
each stock of regulated species or ocean pout that is derived from the 
fishing history associated with the permit issued to that particular 
vessel for the purposes of participating in a Sector and contributing 
to that Sector's ACE for each stock allocated to Sectors under the NE 
Multispecies FMP.
* * * * *
    Regulated species, means the subset of NE multispecies that 
includes Atlantic cod, witch flounder, American plaice, yellowtail 
flounder, haddock, pollock, winter flounder, windowpane flounder, 
redfish, white hake, Atlantic halibut, and Atlantic wolffish. Regulated 
species is also referred to as regulated NE multispecies.
* * * * *
    Sector, with respect to the NE multispecies fishery, means a group 
of persons holding limited access NE multispecies permits who have 
voluntarily entered into a contract and agree to certain fishing 
restrictions for a specified period of time, and that have been 
allocated a portion of the TACs of species managed under the NE 
Multispecies FMP to achieve objectives consistent with the applicable 
goals and objectives of the FMP. Each Sector must meet the Sector 
eligibility and minimum size requirements specified in Sec.  
648.87(a)(3) and (4) to be approved by NMFS.
    Sector trip, with respect to the NE multispecies fishery, means any 
trip taken by a Sector vessel subject to the restrictions and 
conditions of an approved Sector operations plan, as specified in Sec.  
648.87(c), in which the vessel declared its intent to fish in the NE 
multispecies fishery pursuant to Sec.  648.10.
    Sector vessel, with respect to the NE multispecies fishery, means 
any vessel assigned a permit that is a member of an approved Sector for 
a particular fishing year and that is subject to the restrictions and 
conditions of an approved Sector operations plan, as specified in Sec.  
648.87.
* * * * *
    3. In Sec.  648.4, remove paragraph (a)(1)(i)(I)(3) and revise 
paragraphs (a)(1)(i)(E) and (c)(2)(iii)(A) to read as follows:
    Sec.  Vessel permits.
    (a) * * *
    (1) * * *
    (i) * * *
    (E) Replacement vessels. An owner of a vessel that has been issued 
any limited access or moratorium permit under this section is limited 
to one vessel replacement permit year, using the earliest permit year 
start date of the limited access or moratorium permits for which the 
vessel is eligible, unless the vessel has been rendered inoperable and 
non-repairable. With the exception of vessels that have obtained a 
limited access Handgear A permit described in Sec.  648.82(b)(6), to be 
eligible for a limited access or moratorium permit under this section, 
the replacement vessel must meet the following criteria and any other 
applicable criteria under paragraph (a)(1)(i)(F) of this section:
    (1) The replacement vessel's horsepower may not exceed by more than 
20 percent the horsepower of the vessel's baseline specifications, as 
applicable.
    (2) The replacement vessel's length, GRT, and NT may not exceed by 
more than 10 percent the length, GRT, and NT of the vessel's baseline 
specifications, as applicable.
* * * * *
    (c) * * *
    (2) * * *
    (iii) * * *
    (A) For vessels fishing for NE multispecies with gillnet gear, with 
the exception of vessels fishing under the Small Vessel permit 
category, an annual declaration as either a Day or Trip gillnet vessel 
designation as described in Sec.  648.82(j). A vessel owner electing a 
Day gillnet designation must indicate the number of gillnet tags that 
he/she is requesting, and must include a check for the cost of the 
tags, unless the vessel already possesses valid gillnet tags, as 
identified by the Regional Administrator. A permit holder letter will 
be sent to the owner of each eligible gillnet vessel, informing him/her 
of the costs associated with this tagging requirement and providing 
directions for obtaining valid tags. Once a vessel owner has elected 
this designation, he/she may not change the designation or fish under 
the other gillnet category for the remainder of the fishing year. 
Incomplete applications, as described in paragraph (e) of this section, 
will be considered incomplete only for the purposes of obtaining 
authorization to fish in the NE multispecies gillnet fishery and 
otherwise will be processed or issued without a gillnet authorization.
* * * * *
    4. In Sec.  648.7, revise paragraphs (b)(1)(i), (e), and (f)(2)(i); 
and add paragraphs (a)(4), (h), and (i) to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *
    (a) * * *
    (4) Facilitation of a dockside/roving monitor report. Any federally 
permitted dealer, or any individual acting in the capacity of a dealer, 
that purchases or receives fish from a vessel operating under the 
provisions of an approved Sector operations plan, as specified in Sec.  
648.87(c), or from a common pool vessel starting in fishing year 2012 
must provide a copy of any weigh-out documents or dealer receipts for 
that particular offloading event to the

[[Page 69419]]

dockside/roving monitor and vessel and allow the dockside/roving 
monitor to sign a copy of the official weigh-out document or dealer 
receipt retained by the dealer, or sign a dockside monitoring report 
provided by a dockside/roving monitor that verifies the amount of each 
species offloaded, as instructed by the Regional Administrator.
    (b) * * *
    (1) * * *
    (i) The owner or operator of any vessel issued a valid permit or 
eligible to renew a limited access permit under this part must maintain 
on board the vessel, and submit, an accurate fishing log report for 
each fishing trip, regardless of species fished for or taken, on forms 
supplied by or approved by the Regional Administrator. As stated in 
paragraph (f)(2)(i) of this section, if no fishing trip is made during 
a week or month, a report stating so must be submitted for each week or 
month, as applicable, based upon whether any fishing activity occurred 
during a particular reporting week or month (i.e., starting a trip, 
landing, or offloading catch will constitute fishing during a reporting 
week or month). If authorized in writing by the Regional Administrator, 
a vessel owner or operator may submit reports electronically, for 
example by using a VMS or other media. With the exception of those 
vessel owners or operators fishing under a surfclam or ocean quahog 
permit, at least the following information and any other information 
required by the Regional Administrator must be provided: Vessel name; 
USCG documentation number (or state registration number, if 
undocumented); permit number; date/time sailed; date/time landed; trip 
type; number of crew; number of anglers (if a charter or party boat); 
gear fished; quantity and size of gear; mesh/ring size; chart area 
fished; average depth; latitude/longitude (or loran station and 
bearings); total hauls per area fished; average tow time duration; hail 
weight, in pounds (or count of individual fish, if a party or charter 
vessel), by species, of all species, or parts of species, such as 
monkfish livers, landed or discarded; and, in the case of skate 
discards, ``small'' (i.e., less than 23 inches (58.42 cm), total 
length) or ``large'' (i.e., 23 inches (58.42 cm) or greater, total 
length) skates; dealer permit number; dealer name; date sold, port and 
state landed; and vessel operator's name, signature, and operator's 
permit number (if applicable).
* * * * *
    (e) Record retention--(1) Dealer records. Any record, as defined in 
Sec.  648.2, related to fish possessed, received, or purchased by a 
dealer that is required to be reported, must be retained and made 
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.
    (2) VTRs. 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.
    (3) Dockside/roving and at-sea monitor reports. Any record, as 
defined in Sec.  648.2, related to fish offloaded and observed by a 
dockside/roving or at-sea monitor, including any reports provided to 
NMFS, Sector managers, or another third-party service provider 
specified in paragraph (h) of this section, must be retained and made 
available for immediate review for a total of 3 years after the date 
the fish were first offloaded. Dockside/roving and at-sea monitor 
providers must retain the required records and reports at their 
principal place of business.
    (f) * * *
    (2) * * *
    (i) For any vessel not issued a NE multispecies permit, fishing 
vessel log reports, required by paragraph (b)(1)(i) of this section, 
must be postmarked or received by NMFS within 15 days after the end of 
the reporting month. If no fishing trip is made during a particular 
month for such a vessel, a report stating so must be submitted, as 
instructed by the Regional Administrator. For any vessel issued a NE 
multispecies permit, fishing vessel log reports must be postmarked or 
received by midnight of the first Tuesday following the end of the 
reporting week. If no fishing trip is made during a reporting week for 
such a vessel, a report stating so must be submitted and received by 
NMFS by midnight of the first Tuesday following the end of the 
reporting week, as instructed by the Regional Administrator. For the 
purposes of this paragraph (f)(2)(i), the date when fish are offloaded 
will establish the reporting week or month that the VTR must be 
submitted to NMFS, as appropriate. Any fishing activity during a 
particular reporting week (i.e., starting a trip, landing, or 
offloading catch) will constitute fishing during that reporting week 
and will eliminate the need to submit a negative fishing report to NMFS 
for that reporting week. For example, if a vessel issued a NE 
multispecies permit begins a fishing trip on Wednesday, but returns to 
port and offloads its catch on the following Thursday (i.e., after a 
trip lasting 8 days), the VTR for the fishing trip would need to be 
submitted by midnight Tuesday of the third week, but a negative report 
(i.e., a ``did not fish'' report) would not be required for either 
week.
* * * * *
    (h) Dockside/roving monitor reports. Any dockside/roving monitor 
assigned to observe the offload of a vessel on a Sector trip must 
record the amounts of all species offloaded and report such amounts to 
that particular vessel's Sector manager and a third-party service 
provider, if specified in the operations plan or the private contract 
between the dockside/roving monitor service provider and an individual 
Sector. Such reports must be made available to dealers for signature, 
as instructed by the Regional Administrator.
    (i) At-sea monitor/electronic monitoring reports. Any at-sea 
monitor assigned to observe a Sector trip and any third-party service 
provider analyzing data from electronic monitoring equipment deployed 
on a Sector trip must submit reports on catch, discard, and other data 
elements specified by the Regional Administrator to NMFS, the Sector 
manager, and monitoring contractor, as instructed by the Regional 
Administrator.
    5. In Sec.  648.10, revise paragraphs (b)(4) and (e)(1)(v), and add 
paragraph (k) to read as follows:


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

* * * * *
    (b) * * *
    (4) A vessel issued a limited access NE multispecies permit that 
fishes or intends to fish under a NE multispecies Category A or B DAS, 
or catches regulated species or ocean pout while on a Sector trip; or a 
vessel issued a limited access NE multispecies small vessel category or 
Handgear A permit that fishes in multiple stock areas pursuant to 
paragraph (k)(2) of this section;
* * * * *
    (e) * * *
    (1) * * *
    (v) The owner of a vessel issued a limited access NE multispecies 
permit that fishes or intends to fish under a NE multispecies Category 
A or B DAS, or that catches regulated species or ocean pout while on a 
Sector trip, as specified in paragraph (b)(4) 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 NE

[[Page 69420]]

multispecies DAS or under the provisions of an approved Sector 
operations plan.
* * * * *
    (k) Area-specific reporting requirements for NE multispecies 
vessels.--(1) Reporting requirements for all limited access NE 
multispecies vessel owners or operators. In addition to any other 
reporting requirements specified in this part, the owner or operator of 
any vessel issued a limited access NE multispecies permit on either a 
common poor or Sector trip must declare its intent to fish within one 
or more of the NE multispecies broad stock areas, as defined in 
paragraph (k)(3) of this section, and provide the VTR serial number for 
the first page of the VTR for that particular trip via VMS prior to 
leaving port at the start of a fishing trip, as instructed by the 
Regional Administrator.
    (2) Reporting requirements for NE multispecies vessel owners or 
operators fishing in more than one broad stock area per trip. Unless 
otherwise provided in this paragraph (k)(2), the owner or operator of 
any vessel issued a NE multispecies limited access permit that has 
declared its intent to fish within multiple NE multispecies broad stock 
areas, as defined in paragraph (k)(3) of this section, on the same trip 
must submit a trip-level hail report via VMS detailing the amount of 
each regulated species retained (in pounds, landed weight) within each 
broad stock area prior to crossing the VMS demarcation line, as defined 
in Sec.  648.10, upon its return to port following each fishing trip on 
which regulated species were caught, as instructed by the Regional 
Administrator. This reporting requirement is in addition to the 
reporting requirements specified in paragraph (k)(1) of this section 
and any other reporting requirements specified in this part. A vessel 
is exempt from the reporting requirements specified in this paragraph 
(k)(2) if it is fishing in a special management program, as specified 
in Sec.  648.85, and is required to submit daily VMS catch reports 
consistent with the requirements of that program. The Regional 
Administrator may adjust the reporting frequency specified in this 
paragraph and may exempt vessels on a Sector trip from the reporting 
requirements specified in this paragraph (k)(2) if it is determined 
that such reporting requirements would duplicate those specified in 
Sec.  648.87(b).
    (3) NE multispecies broad stock areas. For the purposes of the 
area-specific reporting requirements listed in paragraphs (k)(1) and 
(2) of this section, the NE multispecies broad stock areas are defined 
in paragraphs (k)(3)(i) through (iv) of this section. Copies of a map 
depicting these areas are available from the Regional Administrator 
upon request.
    (i) GOM Stock Area 1. The GOM Stock Area 1 is defined by straight 
lines connecting the following points in the order stated:

                            GOM Stock Area 1
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
G1..............................  (\1\)               (\1\)
G2..............................  43[deg]58'          67[deg]22'
G3..............................  42[deg]53.1'        67[deg]44.4'
G4..............................  42[deg]31'          67[deg]28.1'
CII3............................  42[deg]22'          67[deg]20'
G6..............................  42[deg]20'          67[deg]20'
G10.............................  42[deg]20'          70[deg]00'
G9..............................  42[deg]00'          (\2\)
------------------------------------------------------------------------
\1\ Intersection of the shoreline and the U.S.-Canada maritime boundary.
\2\ Intersection of the Cape Cod, MA, coastline and 42[deg] 00' N. lat.

    (ii) Inshore GB Stock Area 2. The Inshore GB Stock Area 2 is 
defined by straight lines connecting the following points in the order 
stated:

                         Inshore GB Stock Area 2
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
G9..............................  42[deg]00'          (\1\)
G10.............................  42[deg]20'          70[deg]00'
IGB1............................  42[deg]20'          68[deg]50'
IGB2............................  41[deg]00'          68[deg]50'
IGB3............................  41[deg]00'          69[deg]30'
IGB4............................  41[deg]10'          69[deg]30'
IGB5............................  41[deg]10'          69[deg]50'
IGB6............................  41[deg]20'          69[deg]50'
IGB7............................  41[deg]20'          70[deg]00'
G12.............................  (\2\)               70[deg]00'
------------------------------------------------------------------------
\1\ The intersection of the Cape Cod, MA, coastline and 42[deg] 00' N.
  lat.
\2\ South-facing shoreline of Cape Cod, MA.

    (iii) Offshore GB Stock Area 3. The Offshore GB Stock Area 3 is 
defined by straight lines connecting the following points in the order 
stated:

                        Offshore GB Stock Area 3
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
IGB1............................  42[deg]20'          68[deg]50'
                                  42[deg]20'          67[deg]20'
CII3............................  42[deg]22'          67[deg]20'
SNE1............................  40[deg]27'          65[deg]43'
SNE2............................  39[deg]00'          (\1\)
SNE3............................  39[deg]00'          69[deg]00'
SNE4............................  39[deg]50'          69[deg]00'
SNE5............................  39[deg]50'          68[deg]50'
IGB1............................  42[deg]20'          68[deg]50'
------------------------------------------------------------------------
\1\ The U.S.-Canada maritime boundary as it intersects with the EEZ.

    (iv) SNE/MA Stock Area 4. The SNE/MA Stock Area 4 is the area 
bounded on the north and west by the coastline of the United States, 
bounded on the south by a line running from the east-facing coastline 
of North Carolina at 35[deg] N. lat. until its intersection with the 
EEZ, and bounded on the east by straight lines connecting the following 
points in the order stated:

                           SNE/MA Stock Area 4
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
G12.............................  (\1\)               70[deg]00'
IGB7............................  41[deg]20'          70[deg]00'
IGB6............................  41[deg]20'          69[deg]50'
IGB5............................  41[deg]10'          69[deg]50'
IGB4............................  41[deg]10'          69[deg]30'
IGB3............................  41[deg]00'          69[deg]30'
IGB2............................  41[deg]00'          68[deg]50'
SNE4............................  39[deg]50'          68[deg]50'
SNE3............................  39[deg]50'          69[deg]00'
SNE2............................  (\2\)               69[deg]00'
------------------------------------------------------------------------
\1\ South-facing shoreline of Cape Cod, MA.
\2\ The U.S.-Canada maritime boundary as it intersects with the EEZ.

    6. In Sec.  648.11, add paragraphs (j) and (k) to read as follows:


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

* * * * *
    (j) In the event that a vessel is requested by the Regional 
Administrator to carry a NMFS-certified fisheries observer pursuant to 
paragraph (a) of this section and is also selected to carry an at-sea 
monitor as part of an approved Sector at-sea monitoring program 
specified in Sec.  648.87(b)(1)(v) for the same trip, only the NMFS-
certified fisheries observer is required to go on that particular trip.
    (k) NE multispecies observer coverage--(1) Pre-trip notification. 
Unless otherwise specified in this paragraph (k), or notified by the 
Regional Administrator, the owner, operator, or manager of a vessel 
(i.e., vessel manager or Sector manager) issued a limited access NE 
multispecies permit that is fishing under a NE multispecies DAS or on a 
Sector trip, as defined in this part, must provide advanced notice to 
NMFS of the vessel name, permit number, and Sector to which the vessel 
belongs, if applicable; contact name and telephone number for 
coordination of observer deployment; date, time, and port of departure; 
area to be fished; and gear type to be used at least 48 hr prior to 
departing port on any trip declared into the NE multispecies fishery 
pursuant to Sec.  648.10 or Sec.  648.85, as instructed by the Regional 
Administrator, for the purposes of selecting vessels for

[[Page 69421]]

observer deployment. For trips lasting 48 hr or less in duration from 
the time the vessel leaves port to begin a fishing trip until the time 
the vessel returns to port upon the completion of the fishing trip, the 
vessel owner, operator, or manager may make a weekly notification 
rather than trip-by-trip calls. For weekly notifications, a vessel must 
notify NMFS by 0001 hr of the Friday preceding the week (Sunday through 
Saturday) that they intend to complete at least one NE multispecies DAS 
or Sector trip during the following week and provide the date, time, 
port of departure, area to be fished, and gear type to be used for each 
trip during that week. Trip notification calls must be made no more 
than 10 days in advance of each fishing trip. The vessel owner, 
operator, or manager must notify NMFS of any trip plan changes at least 
24 hr prior to vessel departure from port. A vessel may not begin the 
trip without being issued an observer notification or a waiver by NMFS.
    (2) Vessel selection for observer coverage. NMFS shall notify the 
vessel owner, operator, or manager whether the vessel must carry an 
observer, or if a waiver has been granted, for the specified trip 
within 24 hr of the vessel owner's, operator's or manager's 
notification of the prospective trip, as specified in paragraph (k)(1) 
of this section. All trip notifications shall be issued a unique 
confirmation number. A vessel may not fish in an area with an observer 
waiver confirmation number that does not match the trip plan that was 
called in to NMFS. Confirmation numbers for trip notification calls are 
valid for 48 hr from the intended sail date. If a trip is interrupted 
and returns to port due to bad weather or other circumstance beyond the 
operator's control, and goes back out within 48 hr, the same 
confirmation number and observer status remains. If the layover time is 
greater than 48 hr, a new trip notification must be made by the 
operator, owner, or manager of the vessel.
    7. In Sec.  648.14,
    a. Revise the introductory text to paragraph (k)(12)(iii);
    b. Revise paragraphs (e)(1), (k)(3)(i), (k)(5)(vi)(B), 
(k)(6)(ii)(A)(1), (k)(7)(i)(B), (k)(9)(iv)(B), (k)(11)(i)(A)(2), 
(k)(11)(ii), (k)(11)(iii)(D), (k)(11)(iv)(A), (k)(11)(v)(A), 
(k)(11)(vi), (k)(12)(iii)(A) through (E), (k)(12)(vi)(D), 
(k)(12)(vi)(G), (k)(12)(vi)(I), (k)(12)(vii)(A)(1) and (2), 
(k)(12)(viii), (k)(13)(i)(A), (k)(13)(ii)(A) through (C), and (k)(14);
    c. Remove and reserve paragraph (k)(9)(i), (k)(9)(ii)(G) and (I), 
(k)(11)(v)(B)(1), (k)(12)(iv), and (k)(13)(ii)(D)(3); and
    d. Add paragraphs (d)(3), (k)(2)(iii), (k)(7)(i)(C)(4), 
(k)(9)(ii)(M), (k)(9)(iii)(E) and (F), (k)(12)(iii)(F), (k)(12)(ix), 
(k)(13)(ii)(I) and (J), (k)(16)(vi) through (viii), (k)(18), and 
(k)(19) to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (d) * * *
    (3) Fail to comply with the appropriate VMS reporting requirements, 
as specified in Sec.  648.10.
* * * * *
    (e) * * *
    (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; any 
authorized officer conducting any search, inspection, investigation, or 
seizure in connection with enforcement of this part; any official 
designee of the Regional Administrator conducting his or her duties, 
including those duties authorized in Sec.  648.7(g); or any dockside/
roving monitor conducting his or her duties, including those duties 
authorized in Sec.  648.82(n)(2) or Sec.  648.87(b)(1)(v)(B)(1).
* * * * *
    (k) * * *
    (2) * * *
    (iii) Fail to comply with the pre-trip notification requirements of 
the NE multispecies observer program specified in Sec.  648.11(k).
    (3) * * *
    (i) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, regulated species or ocean pout in excess of the 
possession limits specified in Sec.  648.82, Sec.  648.85, Sec.  
648.86, or Sec.  648.87 applicable to a vessel issued a NE multispecies 
permit, unless otherwise specified in Sec.  648.17, or unless the 
regulated species or ocean pout are purchased or received from a vessel 
that caught them on a Sector trip and such species are exempt from such 
possession limits in accordance with an approved Sector operations 
plan, as specified in Sec.  648.87(c).
* * * * *
    (5) * * *
    (vi) * * *
    (B) Possess, land, or fish for regulated species or ocean pout, 
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 
LAGC 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, possesses, 
or lands NE multispecies exclusively in state waters.
* * * * *
    (6) * * *
    (ii) * * *
    (A) * * *
    (1) If the vessel has been issued a limited access NE multispecies 
permit and fishes under a NE multispecies DAS or on a Sector trip 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.
* * * * *
    (7) * * *
    (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), 
(f)(2)(vi), or as authorized under Sec.  648.85.
    (C) * * *
    (4) Fail to comply with the restrictions on fishing and gear 
specified in Sec.  648.81(n) for the NE multispecies restricted gear 
areas.
* * * * *
    (9) * * *
    (ii) * * *
    (M) Lease NE multispecies DAS to or from a common pool vessel if 
either the Lessor or the Lessee vessel is a Sector vessel.
    (iii) * * *
    (E) Transfer NE multispecies DAS to or from a common pool vessel if 
either the Transferor or the Transferee vessel is a Sector vessel.
    (F) Transfer NE multispecies DAS to or from a Sector vessel if 
either the Transferor or the Transferee vessel is enrolled in a 
different Sector for that particular fishing year.
    (iv) * * *
    (B) For any common pool or Sector vessel, fail to comply with the 
gillnet requirements and restrictions specified in Sec.  648.82(j), 
unless otherwise exempted pursuant to Sec.  648.87.
* * * * *
    (11) * * *
    (i) * * *
    (A) * * *
    (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

[[Page 69422]]

further restricted under Sec.  648.85(b) or exempted under Sec.  
648.87.
* * * * *
    (ii) Gear requirements for all persons. If fishing with trawl gear 
under a NE multispecies DAS or on a Sector trip 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) * * *
    (D) If fishing under a NE multispecies DAS or on a Sector trip 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).
* * * * *
    (iv) * * *
    (A) If fishing under a NE multispecies DAS or on a Sector trip 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).
* * * * *
    (v) * * *
    (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)(3)(xi) and (b)(8)(v)(I), or the minimum 
Category A DAS requirement specified in Sec.  648.85(b)(3)(xii) and 
(b)(8)(v)(J).
* * * * *
    (vi) Closure of the U.S./Canada Area for all persons. If fishing 
under a NE multispecies DAS or on a Sector trip, 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/Haddock SAP specified in Sec.  
648.85(b)(3) or the Eastern U.S./Canada Haddock SAP Program specified 
in Sec.  648.85(b)(8).
    (12) * * *
    (iii) Closed Area II Yellowtail Flounder/Haddock SAP restrictions 
for all persons. (A) If fishing under the Closed Area II Yellowtail 
Flounder/Haddock SAP, fish for, harvest, possess, or land any regulated 
NE multispecies or ocean pout from the area specified in Sec.  
648.85(b)(3)(ii), unless in compliance with Sec.  648.85(b)(3)(i) 
through (xiii).
    (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) or Sec.  648.85(b)(8)(v)(D).
    (C) Enter or fish in Closed Area II under the Closed Area II 
Yellowtail Flounder/Haddock SAP outside of the season specified in 
Sec.  648.85(b)(3)(iii).
    (D) If fishing in the Closed Area II Yellowtail Flounder/Haddock 
SAP specified in Sec.  648.85(b)(3), exceed the number of trips 
specified in Sec.  648.85(b)(3)(vi) or (vii).
    (E) If fishing in the Closed Area II Yellowtail Flounder/Haddock 
SAP specified in Sec.  648.85(b)(3), exceed the trip limits specified 
in Sec.  648.85(b)(3)(viii).
    (F) If fishing in the Closed Area II Yellowtail Flounder/Haddock 
SAP specified in Sec.  648.85(b)(3), fail to comply with the gear 
requirements specified in Sec.  648.85(b)(3)(x).
* * * * *
    (vi) * * *
    (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)(vi)(A).
* * * * *
    (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)(A) 
or (b)(7)(vi)(B).
* * * * *
    (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)(C) or (b)(7)(vi)(D).
    (vii) * * *
    (A) * * *
    (1) If fishing under a NE multispecies DAS or on a Sector trip 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 fishing under a NE 
multispecies DAS or on a Sector trip in the Eastern U.S./Canada Haddock 
SAP 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 or on a Sector trip, 
fish in the Eastern U.S./Canada Haddock SAP specified in Sec.  
648.85(b)(8), unless declared into the program in accordance with Sec.  
648.85(b)(8)(v)(D).
* * * * *
    (viii) Discard legal-sized NE regulated multispecies or ocean pout 
while fishing under a Special Access Program, as described in Sec.  
648.85(b)(3)(xi), (b)(6)(iv)(E), (b)(7)(iv)(H), or (b)(8)(v)(I), unless 
otherwise required pursuant to possession prohibitions specified in 
Sec.  648.86 or Sec.  648.87.
    (ix) GOM Haddock Sink Gillnet Pilot Program. (A) Fail to comply 
with the mesh size, net restriction, DAS use restriction, or 
notification requirements specified in Sec.  648.85(b)(9), unless 
otherwise exempted pursuant to Sec.  648.87.
    (B) Fail to possess on board a letter of authorization issued by 
the Regional Administrator when participating in the GOM Haddock Sink 
Gillnet Pilot Program, as required by Sec.  648.85(b)(9)(v)(C).
    (C) Fish for, harvest, possess, or land regulated species or ocean 
pout while operating under the GOM Haddock Sink Gillnet Pilot Program 
pursuant to Sec.  648.85(b)(9) after the program has been closed 
pursuant to Sec.  648.85(b)(9)(viii).
    (13) * * *
    (i) * * *
    (A) Under Sec.  648.85 or Sec.  648.86, fail to offload a 
sufficient amount of regulated species or ocean pout subject to a daily 
possession limit at the end of a fishing trip, as required by Sec.  
648.86(i).
    (ii) * * *
    (A) Land, or possess on board a vessel, more than the possession or 
landing limits specified in Sec.  648.86(a), (b), (c), (d), (e), (g), 
(h), (j), (k), and (l); 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 in Sec.  648.86(a), (b), (c), (e), (g), (h), (j), and 
(l); Sec.  648.81(n), Sec.  648.82(b)(5) and (6), Sec.  648.85, or 
Sec.  648.88 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 or ocean pout specified in Sec.  648.86 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.  
648.82(b)(5), Sec.  648.87, or Sec.  648.89, or allowed pursuant to 
Sec.  648.85(b)(6) or Sec.  648.88.
* * * * *
    (I) For common pool vessels, including vessels issued a limited 
access monkfish permit and fishing under the monkfish Category C or D 
permit provisions, land regulated species or ocean pout more than once 
within any 24-hr period.

[[Page 69423]]

    (J) For common pool vessels, including vessels issued a limited 
access monkfish permit and fishing under the monkfish Category C or D 
permit provisions, fail to comply with the most restrictive trip limits 
applicable when fishing in multiple areas, as specified in Sec.  648.85 
or Sec.  648.86.
    (14) Sector requirements. It is unlawful for any person, including 
any owner or operator of a vessel issued a valid Federal NE 
multispecies permit and fishing on a Sector trip to do any of the 
following:
    (i) Fail to abide by the restrictions specified in Sec.  
648.87(b)(1).
    (ii) Catch regulated species or ocean pout in excess of ACE 
allocated or transferred to that Sector pursuant to Sec.  
648.87(b)(1)(i) and (viii), respectively.
    (iii) Fish in a particular stock area, the Eastern U.S./Canada 
Area, or a SAP if the Sector has not been allocated, does not acquire, 
or otherwise has insufficient ACE remaining/available for all stocks 
caught in that area, or fail to operate in a manner that would not 
catch stocks for which the Sector has not been allocated ACE, as 
described in an approved Sector operations plan pursuant to Sec.  
648.87(b)(2)(xiv), as prohibited in Sec.  648.87(b)(1)(ii);
    (iv) Violate the provisions of an approved Sector operations plan 
or letter of authorization issued by the Regional Administrator, as 
required by Sec.  648.87(b)(1)(iv) and (b)(2).
    (v) Fail to remain in the Sector for the remainder of the fishing 
year, as required by Sec.  648.87(b)(1).
    (vi) Unless otherwise required to use a NE multispecies DAS to 
participate in another fishery, fish in the NE multispecies DAS program 
in a given fishing year or, for common pool vessels, fish in an 
approved Sector in a given fishing year.
    (vii) If a vessel is removed from a Sector for violating the Sector 
rules, fish under the NE multispecies regulations for common pool 
vessels.
    (viii) Discard legal-sized regulated species or ocean pout 
allocated to Sectors pursuant to Sec.  648.87(b)(1)(i), as prohibited 
by Sec.  648.87(b)(1)(v).
    (ix) Fail to comply with the reporting requirements specified in 
Sec.  648.87(b)(1)(v) or (vi).
    (x) Offload fish before a dockside/roving monitor arrives, if 
selected to have its offloading events observed by a dockside/roving 
monitor, as prohibited by Sec.  648.87(b)(5)(i)(C).
    (xi) Leave port to begin a trip before an at-sea monitor has 
arrived and boarded the vessel or before electronic monitoring 
equipment has been properly installed if assigned to carry either an 
at-sea monitor or electronic monitoring equipment for that trip, as 
prohibited by Sec.  648.87(b)(6)(iii)(A).
    (xii) Leave port to begin a trip if a vessel has failed a review of 
safety issues by an at-sea monitor and has not successfully resolved 
any identified safety deficiencies, as prohibited by Sec.  
648.87(b)(6)(iv)(A).
* * * * *
    (16) * * *
    (vi) Size limits. If fishing under the recreational or charter/
party regulations, possess regulated species or ocean pout that are 
smaller than the minimum fish sizes specified in Sec.  648.89(b)(1) and 
(b)(3).
    (vii) Identification. If fishing under the recreational or charter/
party regulations, possess regulated species or ocean pout without at 
least 2 square inches (5.1 square cm) of contiguous skin that allows 
for the ready identification of the species of fish upon landing.
    (viii) Atlantic wolffish. If fishing under the recreational or 
charter/party regulations, possess Atlantic wolffish.
* * * * *
    (18) Trimester TAC AM--(i) Vessel and operator permit holders. (A) 
Fish for, harvest, possess, or land regulated species or ocean pout in 
or from the closed areas specified in Sec.  648.82(n)(2)(ii) once such 
areas are closed pursuant to Sec.  648.82(n)(2)(i).
    (B) Fail to comply with the reporting/recordkeeping requirements 
specified in Sec.  648.87(b)(5).
    (C) Employ a dockside/roving monitor service provider that is not 
approved/certified by NMFS, as specified in Sec.  648.82(n)(2)(iv)(B).
    (19) Dockside/roving and at-sea/electronic monitoring service 
providers. It is unlawful for any dockside/roving and at-sea/electronic 
monitoring service provider, including individual dockside/roving or 
at-sea monitors, to do any of the following:
    (i) Fail to comply with the operational requirements, including the 
recordkeeping and reporting requirements, specified in Sec.  
648.87(b)(5) or (6).
    (ii) Provide false or inaccurate information regarding area fished; 
species identification; or amount of each species kept, discarded, or 
landed.
* * * * *
    8. In Sec.  648.60, revise the introductory text to paragraph 
(a)(5)(ii) and revise paragraph (a)(5)(ii)(C)(2) to read as follows:


Sec.  648.60  Sea scallop area access program requirements.

* * * * *
    (a) * * *
    (5) * * *
    (ii) NE multispecies possession limits and yellowtail flounder TAC. 
Subject to the seasonal restriction established under the Sea Scallop 
Area Access Program and specified in Sec.  648.59(b)(4), (c)(4), and 
(d)(4), and provided the vessel has been issued a NE multispecies 
permit as specified in Sec.  648.4(a)(1), after declaring a trip into a 
Sea Scallop Access Area and fishing within the Access Areas described 
in Sec.  648.59(b) through (d), a vessel owner or operator of a limited 
access scallop vessel may fish for, possess, and land, per trip, up to 
a maximum of 1,000 lb (453.6 kg) of all NE multispecies combined, 
subject to the minimum commercial fish size restrictions specified in 
Sec.  648.83(a)(2), and the additional restrictions for Atlantic cod, 
haddock, and yellowtail flounder specified in paragraphs (a)(5)(ii)(A) 
through (C) of this section.
* * * * *
    (C) * * *
    (2) SNE/MA yellowtail flounder possession limit. Such vessels 
fishing within the Nantucket Lightship Access Area described in Sec.  
648.59(d) may fish for, possess, and land yellowtail flounder up to the 
overall possession limit of all NE multispecies combined, as specified 
in paragraph (a)(5)(ii) of this section, except that such vessels may 
not fish for, possess, or land more than the possession limit of 
yellowtail flounder as specified in Sec.  648.86(g), provided the 
Regional Administrator has not issued a notice that the scallop fishery 
portion of the yellowtail flounder TAC as specified in Sec.  
648.85(c)(i) has been harvested.
* * * * *
    9. In Sec.  648.80, revise the introductory text to paragraphs 
(a)(4)(iv), (a)(11), (b)(2)(iv), (b)(11), and (c)(2)(v); and revise 
paragraphs (a)(3)(i), (a)(3)(iv)(A)(1), (a)(3)(iv)(B)(1) and (2), 
(a)(3)(vi), (a)(4)(i), (a)(4)(iv)(A), (a)(4)(iv)(B)(1), (a)(8)(i), 
(a)(11)(i)(B), (b)(2)(i), (b)(2)(iv)(A), (b)(2)(iv)(B)(1), (b)(2)(vi), 
(b)(11)(i), (c)(2)(i), (c)(2)(v)(A), (c)(2)(v)(B)(1), and (h)(2) to 
read as follows:
    Sec.  648.80 NE Multispecies regulated mesh areas and restrictions 
on gear and methods of fishing.
* * * * *
    (a) * * *
    (3) * * *
    (i) Vessels using trawls. Except as provided in paragraphs 
(a)(3)(i) and (vi) of this section and Sec.  648.85(b)(6), and unless 
otherwise restricted under paragraph (a)(3)(iii) of this section, the 
minimum mesh size for any trawl net,

[[Page 69424]]

except a midwater trawl, on a vessel or used by a vessel fishing under 
the NE multispecies DAS program or on a Sector trip in the GOM 
Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-
cm) square mesh, applied throughout the body and extension of the net, 
or any combination thereof, and 6.5-inch (16.5-cm) diamond mesh or 
square mesh applied to the codend of the net as defined in paragraphs 
(a)(3)(i)(A) and (B) of this section, provided the vessel complies with 
the requirements of paragraph (a)(3)(vii) of this section. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iv) * * *
    (A) * * *
    (1) Mesh size. Except as provided in paragraphs (a)(3)(iv) and (vi) 
of this section, and Sec.  648.85(b)(9), and unless otherwise 
restricted under paragraph (a)(3)(iii) of this section, for any vessel 
that obtains an annual designation as a Trip gillnet vessel, the 
minimum mesh size for any sink gillnet when fishing in the NE 
multispecies DAS program or on a Sector trip in the GOM Regulated Mesh 
Area is 6.5 inches (16.5 cm) throughout the entire net. This 
restriction does not apply to nets or pieces of nets smaller than 3 ft 
(0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
* * * * *
    (B) * * *
    (1) Mesh size. Except as provided in paragraphs (a)(3)(iv) and (vi) 
of this section, and Sec.  648.85(b)(9), and unless otherwise 
restricted under paragraph (a)(3)(iii) of this section, for any vessel 
that obtain an annual designation as a Day gillnet vessel, the minimum 
mesh size for any sink gillnet when fishing under the NE multispecies 
DAS program or on a Sector trip in the GOM Regulated Mesh Area is 6.5 
inches (16.5 cm) throughout the entire net. This restriction does not 
apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 
m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
    (2) Number of nets. A day gillnet vessel fishing under a NE 
multispecies DAS or on a Sector trip and fishing in the GOM Regulated 
Mesh Area may not fish with, haul, possess, or deploy more than 50 
roundfish sink gillnets or 100 flatfish (tie-down) sink gillnets, each 
of which must be tagged pursuant to paragraph (a)(3)(iv)(C) of this 
section, except as provided in Sec.  648.92(b)(8)(i). Vessels may fish 
any combination of roundfish and flatfish gillnets up to 100 nets, and 
may stow additional nets not to exceed 160 nets, counting deployed 
nets.
* * * * *
    (vi) Other restrictions and exemptions. A vessel is prohibited from 
fishing in the GOM or GB Exemption Area as defined in paragraph (a)(17) 
of this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (a)(5) 
through (7), (a)(9) through (14), (d), (e), (h), and (i) of this 
section; or if fishing under a NE multispecies DAS; or if fishing on a 
Sector trip; or if fishing under the Small Vessel or Handgear A permit 
specified in Sec.  648.82(b)(5) and (6), respectively; or if fishing 
under a Handgear B permit specified in Sec.  648.88(a); or if fishing 
under the scallop state waters exemptions specified in Sec.  648.54 and 
paragraph (a)(11) of this section; or if fishing under a scallop DAS in 
accordance with paragraph (h) of this section; or if fishing pursuant 
to a NE multispecies open access Charter/Party or Handgear permit 
specified in Sec.  648.88; or if fishing as a charter/party or private 
recreational vessel in compliance with Sec.  648.89. Any gear on a 
vessel, or used by a vessel, in this area must be authorized under one 
of these exemptions or must be stowed as specified in Sec.  648.23(b).
* * * * *
    (4) * * *
    (i) Vessels using trawls. Except as provided in paragraph 
(a)(3)(vi) of this section, this paragraph (a)(4)(i), Sec.  
648.85(b)(6) and (8), and Sec.  648.87(c)(2)(ii), and unless otherwise 
restricted under paragraph (a)(4)(iii) of this section, the minimum 
mesh size for any trawl net, except a midwater trawl, and the minimum 
mesh size for any trawl net when fishing in that portion of the GB 
Regulated Mesh Area that lies within the SNE Exemption Area, as 
described in paragraph (b)(10) of this section, that is not stowed and 
available for immediate use in accordance with Sec.  648.23(b), on a 
vessel or used by a vessel fishing under the NE multispecies DAS 
program or on a Sector trip in the GB Regulated Mesh Area is 6-inch 
(15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh applied 
throughout the body and extension of the net, or any combination 
thereof, and 6.5-inch (16.5-cm) diamond mesh or square mesh applied to 
the codend of the net as defined in paragraph (a)(3)(i) of this 
section, provided the vessel complies with the requirements of 
paragraphs (a)(3)(vii) of this section. This restriction does not apply 
to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 
sq ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
* * * * *
    (iv) Gillnet vessels. Except as provided in paragraph (a)(3)(vi) of 
this section and this paragraph (a)(4)(iv), for Day and Trip gillnet 
vessels, the minimum mesh size for any sink gillnet, and the minimum 
mesh size for any roundfish or flatfish gillnet when fishing in that 
portion of the GB Regulated Mesh Area that lies within the SNE 
Exemption Area, as described in paragraph (b)(10) of this section, that 
is not stowed and available for immediate use in accordance with Sec.  
648.23(b), when fishing under a DAS in the NE multispecies DAS program 
or on a Sector trip in the GB Regulated Mesh Area is 6.5 inches (16.5 
cm) throughout the entire net. This restriction does not apply to nets 
or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft 
(0.81 sq m)), or to vessels that have not been issued a NE multispecies 
permit and that are fishing exclusively in state waters.
    (A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE 
multispecies DAS or on a Sector trip and fishing in the GB Regulated 
Mesh Area may not fish with nets longer than 300 ft (91.4 m), or 50 
fathoms (91.4 m) in length.
    (B) * * *
    (1) Number of nets. A Day gillnet vessel fishing under a NE 
multispecies DAS or on a Sector trip and fishing in the GB Regulated 
Mesh Area may not fish with, haul, possess, or deploy more than 50 
nets, except as provided in Sec.  648.92(b)(8)(i).
* * * * *
    (8) * * *
    (i) Exemption allowing no incidental catch of regulated 
multispecies. An exemption may be added in an existing fishery for 
which there are sufficient data or information to ascertain the amount 
of regulated species bycatch, if the Regional Administrator, after 
consultation with the NEFMC, determines that the percentage of 
regulated species caught as bycatch is, or can be reduced to, less than 
5 percent, by weight, of total catch, unless otherwise specified in 
this paragraph (a)(8)(i) of this section, and that such exemption will 
not jeopardize fishing mortality objectives. The 5-percent regulated 
species incidental bycatch

[[Page 69425]]

standard could be modified for a stock that is not in an overfished 
condition, or if overfishing is not occurring on that stock. When 
considering modifications of the standard, it must be shown that the 
change will not delay a rebuilding program, or result in overfishing or 
an overfished condition. In determining whether exempting a fishery may 
jeopardize meeting fishing mortality objectives, the Regional 
Administrator may take into consideration various factors including, 
but not limited to, juvenile mortality, sacrifices in yield that will 
result from that mortality, the ratio of target species to regulated 
species, status of stock rebuilding, and recent recruitment of 
regulated species. A fishery can be defined, restricted, or allowed by 
area, gear, season, or other means determined to be appropriate to 
reduce bycatch of regulated species. The Regional Administrator may 
modify or delete an existing exemption if he/she determines that the 
catch of regulated species is equal to or greater than 5 percent, by 
weight of total catch, or another pertinent approved amount, or that 
continuing the exemption may jeopardize meeting fishing mortality 
objectives. Notification of additions, deletions, or modifications will 
be made through issuance of a rule in the Federal Register.
* * * * *
    (11) GOM Scallop Dredge Exemption Area. Unless otherwise prohibited 
in Sec.  648.81, vessels with a limited access scallop permit that have 
declared out of the DAS program as specified in Sec.  648.10, or that 
have used up their DAS allocations, and vessels issued a General 
Category scallop permit, may fish in the GOM Regulated Mesh Area 
specified in paragraph (a)(1) of this section, when not under a NE 
multispecies DAS, providing the vessel fishes in the GOM Scallop Dredge 
Exemption Area and complies with the requirements specified in 
paragraph (a)(11)(i) of this section. The GOM Scallop Dredge Fishery 
Exemption Area is defined by the straight lines connecting the 
following points in the order stated (copies of a map depicting the 
area are available from the Regional Administrator upon request):

                    GOM Scallop Dredge Exemption Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
SM1.............................  41[deg]35'          70[deg]00'
SM2.............................  41[deg]35'          69[deg]40'
SM3.............................  42[deg]49.5'        69[deg]40'
SM4.............................  43[deg]12'          69[deg]00'
SM5.............................  43[deg]41'          68[deg]00'
SM6.............................  43[deg]58'          67[deg]22'
SM7.............................  (\1\)               (\1\)
------------------------------------------------------------------------
\1\ Northward along the irregular U.S.-Canada maritime boundary to the
  shoreline.

    (i) * * *
    (B) A vessel fishing in the GOM Scallop Dredge Fishery Exemption 
Area under the exemption specified in this paragraph (a)(11) must fish 
with dredge gear. The combined dredge width in use by, or in possession 
on board, may not exceed 10.5 ft (3.2 m), measured at the widest point 
in the bail of the dredge.
* * * * *
    (b) * * *
    (2) * * *
    (i) Vessels using trawls. Except as provided in paragraphs 
(b)(2)(i) and (vi) of this section, and Sec.  648.85(b)(6), and unless 
otherwise restricted under paragraph (b)(2)(iii) of this section, the 
minimum mesh size for any trawl net, not stowed and not available for 
immediate use in accordance with Sec.  648.23(b), except midwater 
trawl, on a vessel or used by a vessel fishing under the NE 
multispecies DAS program or on a Sector trip in the SNE Regulated Mesh 
Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square 
mesh, applied throughout the body and extension of the net, or any 
combination thereof, and 6.5-inch (16.5-cm) square or diamond mesh 
applied to the codend of the net, as defined in paragraph (a)(3)(i) of 
this section. This restriction does not apply to nets or pieces of nets 
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to 
vessels that have not been issued a NE multispecies permit and that are 
fishing exclusively in state waters.
* * * * *
    (iv) Gillnet vessels. For Day and Trip gillnet vessels, the minimum 
mesh size for any sink gillnet not stowed and not available for 
immediate use in accordance with Sec.  648.23(b), when fishing under a 
DAS in the NE multispecies DAS program or on a Sector trip in the SNE 
Regulated Mesh Area, is 6.5 inches (16.5 cm) throughout the entire net. 
This restriction does not apply to nets or pieces of nets smaller than 
3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that 
have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters. Day gillnet vessels must also abide by the 
tagging requirements in paragraph (a)(3)(iv)(C) of this section.
    (A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE 
multispecies DAS or on a Sector trip and fishing in the SNE Regulated 
Mesh Area may not fish with nets longer than 300 ft (91.4 m), or 50 
fathoms (91.4 m) in length.
    (B) * * *
    (1) Number of nets. A Day gillnet vessel fishing under a NE 
multispecies DAS or on a Sector trip and fishing in the SNE Regulated 
Mesh Area may not fish with, haul, possess, or deploy more than 75 
nets, except as provided in Sec.  648.92(b)(8)(i). Such vessels, in 
accordance with Sec.  648.23(b), may stow additional nets not to exceed 
160, counting deployed nets.
* * * * *
    (vi) Other restrictions and exemptions. A vessel is prohibited from 
fishing in the SNE Exemption Area, as defined in paragraph (b)(10) of 
this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (b)(3), 
(b)(5) through (9), (b)(11), (c), (e), (h), and (i) of this section; or 
if fishing under a NE multispecies DAS; or if fishing on a Sector trip; 
or if fishing under the Small Vessel or Handgear A permit specified in 
Sec.  648.82(b)(5) and (6), respectively; or if fishing under a 
Handgear B permit specified in Sec.  648.88(a); or if fishing under a 
scallop state waters exemption specified in Sec.  648.54; or if fishing 
under a scallop DAS in accordance with paragraph (h) of this section; 
or if fishing under a General Category scallop permit in accordance 
with paragraphs (b)(11)(i)(A) and (B) of this section; or if fishing 
pursuant to a NE multispecies open access Charter/Party or Handgear 
permit specified in Sec.  648.88; or if fishing as a charter/party or 
private recreational vessel in compliance with the regulations 
specified in Sec.  648.89. Any gear on a vessel, or used by a vessel, 
in this area must be authorized under one of these exemptions or must 
be stowed as specified in Sec.  648.23(b).
* * * * *
    (11) SNE Scallop Dredge Exemption Area. Unless otherwise prohibited 
in Sec.  648.81, or 50 CFR part 648, subpart D, vessels with a limited 
access scallop permit that have declared out f the DAS program as 
specified in Sec.  648.10, or that have used up their DAS allocation, 
and vessels issued a General Category scallop permit, may fish in the 
SNE RMA when not under a NE multispecies DAS, provided the vessel 
fishes in the SNE Scallop Dredge Exemption Area and complies with the 
requirements specified in paragraph (b)(11)(ii) of this section.

[[Page 69426]]

    (i) The SNE Scallop Dredge Exemption Area is that area (copies of a 
chart depicting this area are available from the Regional Administrator 
upon request):
    (A) Bounded on the west, south and east by straight lines 
connecting the following points in the order stated:

------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
Sc1.............................  (\1\)               72[deg]30'
Sc2.............................  40[deg]00'          72[deg]30'
Sc3.............................  40[deg]00'          71[deg]40'
Sc4.............................  39[deg]50'          71[deg]40'
Sc5.............................  39[deg]50'          70[deg]00'
Sc6.............................  (\2\)               70[deg]00'
Sc7.............................  (\3\)               70[deg]00'
Sc8.............................  (\4\)               70[deg]00'
------------------------------------------------------------------------
\1\ South facing shoreline of Long Island, NY.
\2\ South facing shoreline of Nantucket, MA.
\3\ North facing shoreline of Nantucket, MA.
\4\ South facing shoreline of Cape Cod, MA.

    (B) Bounded on the northwest by straight lines connecting the 
following points in the order stated:

------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
Sc9.............................  41[deg]00'          (\1\)
Sc10............................  41[deg]00'          71[deg]40'
Sc11............................  (\2\)               71[deg]40'
------------------------------------------------------------------------
\1\ East facing shoreline of the south fork of Long Island, NY.
\2\ South facing shoreline of RI.

* * * * *
    (c) * * *
    (2) * * *
    (i) Vessels using trawls. Except as provided in paragraph 
(c)(2)(iii) of this section, and Sec.  648.85(b)(6), the minimum mesh 
size for any trawl net not stowed and not available for immediate use 
in accordance with Sec.  648.23(b), on a vessel or used by a vessel 
fishing under the NE multispecies DAS program or on a Sector trip in 
the MA Regulated Mesh Area (Sec.  648.104(a)), applied throughout the 
body and extension of the net, or any combination thereof, and 6.5-inch 
(16.5-cm) diamond or square mesh applied to the codend of the net, as 
defined in paragraph (a)(3)(i) of this section. This restriction does 
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 sq ft (0.81 sq m)), or to vessels that have not been issued 
a NE multispecies permit and that are fishing exclusively in state 
waters.
* * * * *
    (v) Gillnet vessels. For Day and Trip gillnet vessels, the minimum 
mesh size for any sink gillnet, not stowed and not available for 
immediate use in accordance with Sec.  648.23(b), when fishing under a 
DAS in the NE multispecies DAS program or on a Sector trip in the MA 
Regulated Mesh Area, is 6.5 inches (16.5 cm) throughout the entire net. 
This restriction does not apply to nets or pieces of nets smaller than 
3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to vessels that 
have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (A) Trip gillnet vessels. A Trip gillnet vessel fishing under a NE 
multispecies DAS or on a Sector trip and fishing in the MA Regulated 
Mesh Area may not fish with nets longer than 300 ft (91.4 m), or 50 
fathoms (91.4 m) in length.
    (B) * * *
    (1) Number of nets. A Day gillnet vessel fishing under a NE 
multispecies DAS or on a Sector trip and fishing in the MA Regulated 
Mesh Area, may not fish with, haul, possess, or deploy more than 75 
nets, except as provided in Sec.  648.92(b)(8)(i). Such vessels, in 
accordance with Sec.  648.23(b), may stow additional nets not to exceed 
160, counting deployed nets.
* * * * *
    (h) * * *
    (2) Limited access scallop vessels issued a limited access NE 
multispecies permit and fishing under a NE multispecies DAS are subject 
to the gear restrictions specified in this section and may possess and 
land unlimited amounts of regulated species or ocean pout, unless 
otherwise restricted by Sec.  648.86. Such vessels may simultaneously 
fish under a scallop DAS, but are prohibited from using scallop dredge 
gear on such trips.
* * * * *
    10. In Sec.  648.81, revise the introductory text for paragraph 
(f)(2)(ii); revise paragraphs (b)(2)(iii) and (j)(1); and add 
paragraphs (f)(2)(vi), (g)(2)(iv) and (v), and (n) to read as follows:
    Sec.  648.81 NE multispecies closed areas and measures to protect 
EFH.
* * * * *
    (b) * * *
    (2) * * *
    (iii) Fishing in the CA II Yellowtail Flounder/Haddock SAP or the 
Eastern U.S./Canada Haddock SAP Program as specified in Sec.  
648.85(b)(3)(ii) or (b)(8)(ii), respectively; or
* * * * *
    (f) * * *
    (2) * * *
    (ii) That are fishing with or using exempted gear as defined under 
this part, or in the Midwater Trawl Gear Exempted Fishery as specified 
under 648.80(d), and excluding pelagic gillnet gear capable of catching 
NE multispecies, except for vessels fishing with a single pelagic 
gillnet not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 
m) deep, with a maximum mesh size of 3 inches (7.6 cm), provided:
* * * * *
    (vi) That are fishing on a Sector trip, provided such vessels 
comply with the following restricted areas referred to as the Sector 
Rolling Closure Areas:
    (A) Sector Rolling Closure Area I. From March 1 through March 31, 
the restrictions specified in this paragraph (f)(2)(vi) apply to Sector 
Rolling Closure Area I, which is the area bounded by straight lines 
connecting the following points in the order stated:

                      Sector Rolling Closure Area I
                           [March 1-March 31]
------------------------------------------------------------------------
              Point                   N. Latitute        W. Longitude
------------------------------------------------------------------------
GM3.............................  42[deg]00'          (\1\)
GM5.............................  42[deg]00'          68[deg]30'
GM6.............................  42[deg]30'          68[deg]30'
GM23............................  42[deg]30'          70[deg]00'
------------------------------------------------------------------------
\1\ Cape Cod, MA shoreline on the Atlantic Ocean.

    (B) Sector Rolling Closure Area II. From April 1 through April 30, 
the restrictions specified in this paragraph (f)(2)(vi) apply to Sector 
Rolling Closure Area II, which is the area bounded by straight lines 
connecting the following points in the order stated:

                     Sector Rolling Closure Area II
                           [April 1-April 30]
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GM1.............................  42[deg]00'          (\1\)
GM2.............................  42[deg]00'          (\2\)
GM3.............................  42[deg]00'          (\3\)
SGM1............................  42[deg]00'          70[deg]00'
SGM2............................  43[deg]00'          70[deg]00'
SGM3............................  43[deg]00'          (\4\)
------------------------------------------------------------------------
\1\ MA shoreline.
\2\ Cape Cod, MA shoreline on Cape Cod Bay.
\3\ Cape Cod, MA shoreline on the Atlantic Ocean.
\4\ NH shoreline.

    (C) Sector Rolling Closure Area III. From May 1 through May 31, the 
restrictions specified in this paragraph (f)(2)(vi) apply to Sector 
Rolling Closure Area III, which is the area bounded by straight lines 
connecting the following points in the order stated:

                     Sector Rolling Closure Area III
                             [May 1-May 31]
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
SGM4............................  42[deg]30'          (\1\)

[[Page 69427]]

 
SGM5............................  42[deg]30'          70[deg]00'
SGM6............................  43[deg]00'          70[deg]00'
SGM7............................  43[deg]00'          69[deg]30'
SGM8............................  43[deg]30'          69[deg]30'
GM18............................  43[deg]30'          (\2\)
------------------------------------------------------------------------
\1\ MA shoreline.
\2\ NH shoreline.

    (D) Sector Rolling Closure Area IV. From June 1 through June 30, 
the restrictions specified in this paragraph (f)(2)(vi) apply to Sector 
Rolling Closure Area IV, which is the area bounded by straight lines 
connecting the following points in the order stated:

                     Sector Rolling Closure Area IV
                            [June 1-June 30]
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
SGM9............................  43[deg]00'          (\1\)
SGM6............................  43[deg]00'          70[deg]00'
SGM10...........................  43[deg]30'          70[deg]00'
SGM11...........................  43[deg]30'          69[deg]00'
GM22............................  (\2\)               69[deg]00'
------------------------------------------------------------------------
\1\ MA shoreline.
\2\ ME shoreline.

    (E) Sector Rolling Closure Area V. From October 1 through November 
30, the restrictions specified in this paragraph (f)(2)(vi) apply to 
Sector Rolling Closure Area V, which is the area bounded by straight 
lines connecting the following points in the order stated:

                      Sector Rolling Closure Area V
                        [October 1--November 30]
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GM1.............................  42[deg]00'          (\1\)
GM2.............................  42[deg]00'          (\2\)
GM3.............................  42[deg]00'          (\3\)
GM4.............................  42[deg]00'          70[deg]00'
GM8.............................  42[deg]30'          70[deg]00'
GM9.............................  42[deg]30'          (\1\)
------------------------------------------------------------------------
\1\ MA shoreline.
\2\ Cape Cod, MA shoreline on Cape Cod Bay.
\3\ Cape Cod, MA shoreline on the Atlantic Ocean.

    (g) * * *
    (2) * * *
    (iv) That are fishing in the CA I Hook Gear Haddock Access Area 
pursuant to Sec.  648.85(b)(7).
    (v) That are fishing under the restrictions and conditions of an 
approved Sector operations plan, as specified in Sec.  648.87(c).
* * * * *
    (j) * * *
    (1) Restricted Gear Area I is defined by straight lines connecting 
the following points in the order stated:

------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
                            Inshore boundary
------------------------------------------------------------------------
to 120
    69..........................  40[deg]07.9'        68[deg]36.0'
    70..........................  40[deg]07.2'        68[deg]38.4'
    71..........................  40[deg]06.9'        68[deg]46.5'
    72..........................  40[deg]08.7'        68[deg]49.6'
    73..........................  40[deg]08.1'        68[deg]51.0'
    74..........................  40[deg]05.7'        68[deg]52.4'
    75..........................  40[deg]03.6'        68[deg]57.2'
    76..........................  40[deg]03.65'       69[deg]00.0'
    77..........................  40[deg]04.35'       69[deg]00.5'
    78..........................  40[deg]05.2'        69[deg]00.5'
    79..........................  40[deg]05.3'        69[deg]01.1'
    80..........................  40[deg]08.9'        69[deg]01.75'
    81..........................  40[deg]11.0'        69[deg]03.8'
    82..........................  40[deg]11.6'        69[deg]05.4'
    83..........................  40[deg]10.25'       69[deg]04.4'
    84..........................  40[deg]09.75'       69[deg]04.15'
    85..........................  40[deg]08.45'       69[deg]03.6'
    86..........................  40[deg]05.65'       69[deg]03.55'
    87..........................  40[deg]04.1'        69[deg]03.9'
    88..........................  40[deg]02.65'       69[deg]05.6'
    89..........................  40[deg]02.00'       69[deg]08.35'
    90..........................  40[deg]02.65'       69[deg]11.15'
    91..........................  40[deg]00.05'       69[deg]14.6'
    92..........................  39[deg]57.8'        69[deg]20.35'
    93..........................  39[deg]56.65'       69[deg]24.4'
    94..........................  39[deg]56.1'        69[deg]26.35'
    95..........................  39[deg]56.55'       69[deg]34.1'
    96..........................  39[deg]57.85'       69[deg]35.5'
    97..........................  40[deg]00.65'       69[deg]36.5'
    98..........................  40[deg]00.9'        69[deg]37.3'
    99..........................  39[deg]59.15'       69[deg]37.3'
    100.........................  39[deg]58.8'        69[deg]38.45'
    102.........................  39[deg]56.2'        69[deg]40.2'
    103.........................  39[deg]55.75'       69[deg]41.4'
    104.........................  39[deg]56.7'        69[deg]53.6'
    105.........................  39[deg]57.55'       69[deg]54.05'
    106.........................  39[deg]57.4'        69[deg]55.9'
    107.........................  39[deg]56.9'        69[deg]57.45'
    108.........................  39[deg]58.25'       70[deg]03.0'
    110.........................  39[deg]59.2'        70[deg]04.9'
    111.........................  40[deg]00.7'        70[deg]08.7'
    112.........................  40[deg]03.75'       70[deg]10.15'
    115.........................  40[deg]05.2'        70[deg]10.9'
    116.........................  40[deg]02.45'       70[deg]14.1'
    119.........................  40[deg]02.75'       70[deg]16.1'
to 181
------------------------------------------------------------------------
                            Offshore boundary
------------------------------------------------------------------------
to 69
    120.........................  40[deg]06.4'        68[deg]35.8'
    121.........................  40[deg]05.25'       68[deg]39.3'
    122.........................  40[deg]05.4'        68[deg]44.5'
    123.........................  40[deg]06.0'        68[deg]46.5'
    124.........................  40[deg]07.4'        68[deg]49.6'
    125.........................  40[deg]05.55'       68[deg]49.8'
    126.........................  40[deg]03.9'        68[deg]51.7'
    127.........................  40[deg]02.25'       68[deg]55.4'
    128.........................  40[deg]02.6'        69[deg]00.0'
    129.........................  40[deg]02.75'       69[deg]00.75'
    130.........................  40[deg]04.2'        69[deg]01.75'
    131.........................  40[deg]06.15'       69[deg]01.95'
    132.........................  40[deg]07.25'       69[deg]02.0'
    133.........................  40[deg]08.5'        69[deg]02.25'
    134.........................  40[deg]09.2'        69[deg]02.95'
    135.........................  40[deg]09.75'       69[deg]03.3'
    136.........................  40[deg]09.55'       69[deg]03.85'
    137.........................  40[deg]08.4'        69[deg]03.4'
    138.........................  40[deg]07.2'        69[deg]03.3'
    139.........................  40[deg]06.0'        69[deg]03.1'
    140.........................  40[deg]05.4'        69[deg]03.05'
    141.........................  40[deg]04.8'        69[deg]03.05'
    142.........................  40[deg]03.55'       69[deg]03.55'
    143.........................  40[deg]01.9'        69[deg]03.95'
    144.........................  40[deg]01.0'        69[deg]04.4'
    146.........................  39[deg]59.9'        69[deg]06.25'
    147.........................  40[deg]00.6'        69[deg]10.05'
    148.........................  39[deg]59.25'       69[deg]11.15'
    149.........................  39[deg]57.45'       69[deg]16.05'
    150.........................  39[deg]56.1'        69[deg]20.1'
    151.........................  39[deg]54.6'        69[deg]25.65'
    152.........................  39[deg]54.65'       69[deg]26.9'
    153.........................  39[deg]54.8'        69[deg]30.95'
    154.........................  39[deg]54.35'       69[deg]33.4'
    155.........................  39[deg]55.0'        69[deg]34.9'
    156.........................  39[deg]56.55'       69[deg]36.0'
    157.........................  39[deg]57.95'       69[deg]36.45'
    158.........................  39[deg]58.75'       69[deg]36.3'
    159.........................  39[deg]58.8'        69[deg]36.95'
    160.........................  39[deg]57.95'       69[deg]38.1'
    161.........................  39[deg]54.5'        69[deg]38.25'
    162.........................  39[deg]53.6'        69[deg]46.5'
    163.........................  39[deg]54.7'        69[deg]50.0'
    164.........................  39[deg]55.25'       69[deg]51.4'
    165.........................  39[deg]55.2'        69[deg]53.1'
    166.........................  39[deg]54.85'       69[deg]53.9'
    167.........................  39[deg]55.7'        69[deg]54.9'
    168.........................  39[deg]56.15'       69[deg]55.35'
    169.........................  39[deg]56.05'       69[deg]56.25'
    170.........................  39[deg]55.3'        69[deg]57.1'
    171.........................  39[deg]54.8'        69[deg]58.6'
    172.........................  39[deg]56.05'       70[deg]00.65'
    173.........................  39[deg]55.3'        70[deg]02.95'
    174.........................  39[deg]56.9'        70[deg]11.3'
    175.........................  39[deg]58.9'        70[deg]11.5'
    176.........................  39[deg]59.6'        70[deg]11.1'
    177.........................  40[deg]01.35'       70[deg]11.2'
    178.........................  40[deg]02.6'        70[deg]12.0'
    179.........................  40[deg]00.4'        70[deg]12.3'
    180.........................  39[deg]59.75'       70[deg]13.05'
    181.........................  39[deg]59.3'        70[deg]14.0'
to 119
------------------------------------------------------------------------

* * * * *
    (n) NE Multispecies Restricted Gear Areas. With the exception of a 
vessel on a Sector trip, any vessel issued a limited access NE 
multispecies permit that is fishing any part of a trip in one or both 
of the NE Multispecies Restricted Gear Areas specified in paragraphs 
(n)(1) and (2) of this section must comply with all applicable 
restrictions specified in this paragraph (n). If such a vessel fishes 
inside/outside of these areas on the same trip, the most restrictive 
measures for the areas fished apply, including, but not limited to, 
gear restrictions and trip limits.
    (1) Western GB Multispecies Restricted Gear Area. The Western GB 
Multispecies Restricted Gear Area is

[[Page 69428]]

defined as the area bounded by straight lines connecting the following 
points in the order stated:

              Western GB Multispecies Restricted Gear Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
G8..............................  42[deg]00'          69[deg]30'
GM5.............................  42[deg]00'          68[deg]30'
MRGA1...........................  41[deg]00'          68[deg]30'
YTA5............................  41[deg]00'          69[deg]30'
G8..............................  42[deg]00'          69[deg]30'
------------------------------------------------------------------------

     (2) SNE Multispecies Restricted Gear Area. The SNE Multispecies 
Restricted Gear Area is defined as the area bounded by straight lines 
connecting the following points in the order stated:

                  SNE Multispecies Restricted Gear Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
MRAG1...........................  41[deg]30'          (\1\)
MRGA2...........................  41[deg]30'          70[deg]30'
MRGA3...........................  (\2\)               70[deg]30'
MRGA4...........................  (\3\)               70[deg]30'
MRGA5...........................  40[deg]00'          70[deg]30'
MRGA6...........................  40[deg]00'          71[deg]30'
MRGA7...........................  40[deg]30'          71[deg]30'
SNEMA3..........................  40[deg]30'          72[deg]00'
MRGA8...........................  (\4\)               72[deg]00'
MRGA9...........................  (\5\)               72[deg]00'
MRGA10..........................  (\6\)               72[deg]00'
MRAG1...........................  (\1\)               70[deg]30'
------------------------------------------------------------------------
\1\ East-facing shoreline of RI.
\2\ North-facing shoreline of Martha's Vineyard, MA.
\3\ South-facing shoreline of Martha's Vineyard, MA.
\4\ South-facing shoreline of Long Island, NY.
\5\ North-facing shoreline of Long Island, NY.
\6\ South-facing shoreline of CT.

    (3) Gear restrictions. Unless otherwise authorized pursuant to 
paragraph (n)(3)(iv) of this section, a limited access NE multispecies 
vessel subject to the restrictions of paragraph (n) of this section may 
only use one or more of the gear types listed in paragraphs (n)(3)(i) 
through (iii) of this section. No other type of fishing gear may be on 
board the vessel when fishing in the NE Multispecies Restricted Gear 
Areas specified in paragraphs (n)(1) and (2) of this section.
    (i) Trawl gear. A limited access NE multispecies vessel subject to 
the restrictions of paragraph (n) of this section using trawl gear may 
only use a haddock separator trawl, as specified in Sec.  
648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in Sec.  
648.85(b)(6)(iv)(J)(3); or a rope separator trawl, as specified in 
paragraph (n)(3)(i)(A) of this section.
    (A) Rope separator trawl. A rope separator trawl is defined as a 
four-seam bottom trawl net (i.e., a net with a top and bottom panel and 
two side panels) modified to include both a horizontal separator panel 
and an escape opening in the bottom belly of the net below the 
separator panel, as further specified in paragraphs (n)(3)(i)(A)(1) 
through (3) of this section.
    (1) Mesh size. Unless otherwise specified in this paragraph 
(n)(3)(i)(A)(1), the minimum mesh size applied throughout the body and 
extension of a rope separator trawl must be 6-inch (15.2-cm) diamond 
mesh or 6.5-inch (16.5-cm) square mesh, or any combination thereof. 
Mesh in the bottom belly of the net must be 13-inch (33-cm) diamond 
mesh. Unless otherwise specified in this part, the codend mesh size 
must be consistent with mesh size requirements specified in Sec.  
648.80. The mesh size of a particular section of the rope separator 
trawl is measured in accordance with Sec.  648.80(f)(2), unless 
insufficient numbers of mesh exist, in which case the maximum total 
number of meshes in the section will be measured (between 2 and 20 
meshes).
    (2) Separator panel. The separator panel must consist of parallel 
lines made of fiber rope, the ends of which are attached to each side 
of the net starting at the forward edge of the square of the net and 
running aft toward the extension of the net. The leading rope must be 
attached to the side panel at a point at least \1/3\ of the number of 
meshes of the side panel above the lower gore, and the panel of ropes 
shall slope downward toward the extension of the net. For example, if 
the side panel of the net is 42 meshes tall, the leading rope must be 
attached at least 14 meshes above the lower gore. The forward \2/3\ of 
the separator ropes that comprise the separator panel must be no 
farther than 26 inches (66 cm) apart, with the after \1/3\ of the 
separator ropes that comprise the separator panel being no farther than 
13 inches (33 cm) apart. The ends of the aftermost rope shall be 
attached to the bottom belly at a point \1/6\ of the number of meshes 
of the after end of the bottom belly below the lower gore. The 
separator ropes should be of sufficient length not to impinge upon the 
overall shape of the net without being too long to compromise the 
selectivity of the net. The separator ropes may not be manipulated in 
any way that would inhibit the selectivity of the net by causing the 
separator ropes to dip toward the bottom belly of the net and obscure 
the escape opening, as defined in paragraph (n)(3)(i)(A)(3) of this 
section.
    (3) Escape opening. The escape opening must be positioned in the 
bottom belly of the net behind the sweep and terminate under the 
separator panel, as described in paragraph (n)(3)(i)(A)(2) of this 
section. Longitudinal lines may be used to maintain the shape of the 
escape opening, as necessary. The escape opening shall be at least 18 
meshes in both length and width.
    (B) [Reserved]
    (ii) Gillnet gear. A limited access NE multispecies vessel subject 
to the restrictions of paragraph (n) of this section using gillnet gear 
may only use roundfish gillnets or flatfish gillnets consistent with 
the gear requirements in Sec.  648.80, provided the mesh size of the 
flatfish gillnet gear is greater than or equal to 10 inches (25.4 cm) 
throughout the entire net.
    (iii) Hook gear. A limited access NE multispecies vessel subject to 
the restrictions of paragraph (n) of this section using hook gear may 
only use longline gear, tub trawls, or handgear.
    (iv) Approval of additional gear. The Regional Administrator may 
authorize additional gear for use in the NE Multispecies Restricted 
Gear Areas in accordance with the standards and requirements specified 
in Sec.  648.85(b)(6)(iv)(J)(2).
    (4) VMS declaration. In addition to any other declaration 
requirements specified in this part, the operator of a limited access 
NE multispecies vessel intending to fish, or fishing, in one or both of 
the NE Multispecies Restricted Gear Areas, as specified in paragraphs 
(n)(1) and (2) of this section must declare into one or both of these 
areas via VMS, as instructed by the Regional Administrator, prior to 
departure from port. In lieu of a VMS declaration, the Regional 
Administrator may authorize such vessels to obtain a letter of 
authorization. If a letter of authorization is required, such vessel 
may not fish outside of the NE Multispecies Restricted Gear Areas for a 
minimum of 7 consecutive days (when fishing under the multispecies DAS 
program), and must carry the authorization letter on board.
    (5) Trip limits. A limited access NE multispecies vessel subject to 
the restrictions of paragraph (n) of this section must comply with the 
trip limits specified in Sec.  648.86, unless further restricted by the 
following trip limits:
    (i) If fishing exclusively under a NE multispecies DAS or under 
both a NE multispecies DAS and a monkfish DAS with gear other than 
gillnet gear, 500 lb (227 kg) of all flatfish species (American plaice, 
witch flounder, winter flounder, windowpane flounder, yellowtail 
flounder, and Atlantic halibut), combined; 500 lb (227 kg) of monkfish

[[Page 69429]]

(whole weight), unless also subject to the monkfish possession 
restrictions in Sec.  648.94(b)(3); 500 lb (227 kg) of skates (whole 
weight); and zero possession of lobsters.
    (ii) If fishing under both a NE multispecies DAS and a monkfish DAS 
with gillnet gear, 500 lb (227 kg) of all flatfish species (American 
plaice, witch flounder, winter flounder, windowpane flounder, 
yellowtail flounder, and Atlantic halibut), combined; the applicable 
monkfish possession limits specified in Sec.  648.94(b); 500 lb (227 
kg) of skates (whole weight); and zero possession of lobsters.
    (6) Transiting. A limited access NE multispecies vessel that is not 
subject to the restrictions of this paragraph (n) may transit the NE 
Multispecies Restricted Gear Areas specified in paragraphs (n)(1) and 
(2) of this section, provided any gear that is not authorized under 
paragraph (n)(3) of this section is stowed and not available for 
immediate use in accordance with Sec.  648.23(b).
    11. In Sec.  648.82:
    (a) Revise the introductory text to paragraphs (b)(6), (d)(1), 
(d)(2)(i)(B), (d)(2)(ii)(B), (j), (j)(1), and (k)(4)(xi);
    (b) Revise paragraphs (d)(1)(iii), (d)(2)(i)(B)(3), 
(d)(2)(ii)(B)(3), (e)(1), (e)(3), (g), (h), (j)(1)(ii) and (iii), 
(j)(2), (k)(2)(ii), (k)(4)(i), (k)(4)(v), (k)(4)(x), (k)(4)(xi)(B), 
(l)(1)(ii), (l)(1)(iv), (l)(1)(vi) through (viii), and (l)(2)(i);
    (c) Remove and reserve paragraphs (c)(2), (e)(2), and (k)(4)(iv);
    (d) Remove paragraphs (d)(4) and (l)(1)(ix); and
    (e) Add paragraphs (d)(1)(iv), (d)(2)(i)(B)(4), (d)(2)(ii)(B)(4), 
(k)(4)(xi)(C), and (n) to read as follows:


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

* * * * *
    (b) * * *
    (6) Handgear A category. A vessel qualified and electing to fish 
under the Handgear A category, as described in Sec.  648.4(a)(1)(i)(A), 
may retain, per trip, up to 750 lb (340.2 kg) of cod, one Atlantic 
halibut, and the daily possession limit for other regulated species and 
ocean pout as specified in Sec.  648.86. The cod trip limit will be 
adjusted proportionally to the trip limit for GOM cod (rounded up to 
the nearest 50 lb (22.7 kg)), as specified in Sec.  648.86(b)). For 
example, if the GOM cod trip limit specified in Sec.  648.86(b) 
doubled, then the cod trip limit for the Handgear A category would 
double. Qualified vessels electing to fish under the Handgear A 
category are subject to the following restrictions:
* * * * *
    (d) * * *
    (1) Category A DAS. Calculation of Category A DAS for each fishing 
year is specified in paragraphs (d)(1)(i) through (iv) of this section. 
An additional 36 percent of Category A DAS will be added and available 
for use for participants in the Large Mesh Individual DAS permit 
category, as described in paragraph (b)(4) of this section, provided 
the participants comply with the applicable gear restrictions. Category 
A DAS may be used in the NE multispecies fishery to harvest and land 
stocks of regulated species or ocean pout, in accordance with all of 
the conditions and restrictions of this part.
* * * * *
    (iii) For fishing year 2009 (May 1, 2009, through April 30, 2010), 
Category A DAS are defined as 45 percent of the vessel's used DAS 
baseline specified in paragraph (c)(1) of this section.
    (iv) Starting in fishing year 2010 (beginning May 1, 2010), 
Category A DAS are defined as follows:
    (A) For a vessel fishing under the provisions of the common pool, 
as defined in this part, Category A DAS are defined as 27.5 percent of 
the vessel's used DAS baseline specified in paragraph (c)(1) of this 
section, unless otherwise revised pursuant to paragraph (n)(1) of this 
section, or reduced pursuant to Sec.  648.87(b)(1)(iii).
    (B) For a Sector vessel, Category A DAS allocated for use when 
fishing in other fisheries that require the concurrent use of a NE 
multispecies DAS are defined as 45 percent of the vessel's used DAS 
baseline specified in paragraph (c)(1) of this section.
    (2) * * *
    (i) * * *
    (B) Calculation. Regular B DAS are calculated as follows:
* * * * *
    (3) For fishing year 2009 (May 1, 2009, through April 30, 2010), 
Regular B DAS are defined as 27.5 percent of the vessel's used DAS 
baseline specified in paragraph (c)(1) of this section.
    (4) Starting in fishing year 2010 (beginning May 1, 2010), Regular 
B DAS are defined as follows:
    (i) For a common pool vessel, Regular B DAS are defined as 36.25 
percent of the vessel's used DAS baseline specified in paragraph (c)(1) 
of this section, unless otherwise revised pursuant to paragraph (n)(1) 
of this section.
    (ii) For a Sector vessel, Regular B DAS are defined as 27.5 percent 
of the vessel's used DAS baseline specified in paragraph (c)(1) of this 
section.
    (ii) * * *
    (B) Calculation. Reserve B DAS are calculated as follows:
* * * * *
    (3) For fishing year 2009 (May 1, 2009, through April 30, 2010), 
Reserve B DAS are defined as 27.5 percent of the vessel's used DAS 
baseline specified in paragraph (c)(1) of this section.
    (4) Starting in fishing year 2010 (beginning May 1, 2010), Reserve 
B DAS are defined as follows:
    (i) For a common pool vessel, Reserve B DAS are defined as 36.25 
percent of the vessel's used DAS baseline specified in paragraph (c)(1) 
of this section, unless otherwise revised pursuant to paragraph (n)(1) 
of this section.
    (ii) For a Sector vessel, Reserve B DAS are defined as 27.5 percent 
of the vessel's used DAS baseline specified in paragraph (c)(1) of this 
section.
* * * * *
    (e) * * *
    (1) When a vessel is participating in the NE multispecies DAS 
program, as required by the regulations in this part, NE multispecies 
DAS shall accrue as specified in paragraphs (e)(1)(i) and (ii) of this 
section and shall be based upon the time called, or logged into the DAS 
program, consistent with the DAS notification requirements specified in 
Sec.  648.10. For the purpose of calculating trip limits specified in 
this part, the amount of DAS deducted from a vessel's DAS allocation 
shall determine the amount of fish the vessel can land legally.
    (i) Common pool vessels. For a common pool vessels, Category A 
shall accrue in 24-hr increments, unless otherwise required under 
paragraph (n) of this section. For example, a vessel that fished from 6 
a.m. to 10 p.m. would be charged 24 hr of Category A DAS, not 16 hr; a 
vessel that fished for 25 hr would be charged 48 hr of Category A DAS 
instead of 25 hr.
    (ii) Sector vessels. For the purposes of complying with the 
restrictions of other fisheries that require the use of a NE 
multispecies DAS, a vessel on a Sector trip shall accrue DAS to the 
nearest minute and shall be counted as actual time called, or logged 
into the DAS program, consistent with the DAS notification requirements 
specified in Sec.  648.10.
* * * * *
    (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

[[Page 69430]]

left on a trip at 11 p.m. on the first calendar day and returned at 10 
p.m. on the second calendar day would be charged 48 hr of Regular B DAS 
instead of 23 hr, because the fishing trip would have spanned 2 
calendar days. For the purpose of calculating trip limits specified 
under Sec.  648.86, the amount of DAS deducted from a vessel's DAS 
allocation shall determine the amount of fish the vessel can 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 an area subject 
to differential DAS counting pursuant to paragraph (n)(1)(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 (n)(1) 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)(5)(iv).
* * * * *
    (g) Spawning season restrictions. A vessel issued a valid Small 
Vessel or Handgear A category permit specified in paragraphs (b)(5) or 
(b)(6) of this section, respectively, or a vessel issued an open access 
Handgear B permit, as specified in Sec.  648.88(a), may not fish for, 
possess, or land regulated species or ocean pout from March 1 through 
March 20 of each year. A common pool vessel must declare out and be out 
of the NE multispecies DAS program, and a Sector must declare that the 
vessel will not fish with gear capable of catching NE multispecies 
(i.e., gear that is not defined as exempted gear under this part), for 
a 20-day period between March 1 and May 31 of each calendar year, using 
the notification requirements specified in Sec.  648.10. A vessel 
fishing under a Day gillnet category designation is prohibited from 
fishing with gillnet gear capable of catching NE multispecies during 
its declared 20-day spawning block, unless the vessel is fishing in an 
exempted fishery, as described in Sec.  648.80. If a vessel owner has 
not declared and been out of the fishery for a 20-day period between 
March 1 and May 31 of each calendar year on or before May 12 of each 
year, the vessel is prohibited from fishing for, possessing or landing 
any regulated species, ocean pout, or non-exempt species during the 
period May 12 through May 31, inclusive.
    (h) Declaring DAS and blocks of time out. A vessel's owner or 
authorized representative shall notify the Regional Administrator of a 
vessel's participation in the DAS program; declaration of its 120 days 
out of the non-exempt gillnet fishery, if designated as a Day gillnet 
category vessel, as specified in paragraph (j) of this section; and 
declaration of its 20-day period out of the NE multispecies DAS 
program, or, for a Sector vessel that the vessel will not fish with 
gear capable of catching NE multispecies, using the notification 
requirements specified in Sec.  648.10.
    (j) Gillnet restrictions. A vessel issued a limited access NE 
multispecies permit may fish under a NE multispecies DAS, under the 
provisions of the small vessel permit category, or on a Sector trip 
with gillnet gear, provided the owner of the vessel obtains an annual 
designation as either a Day or Trip gillnet vessel, as described in 
Sec.  648.4(c)(2)(iii), and provided the vessel complies with the 
gillnet vessel gear requirements and restrictions specified in Sec.  
648.80.
    (1) Day gillnet vessels. Unless otherwise exempted in this part, a 
Day gillnet vessel fishing with gillnet gear under a NE multispecies 
DAS, the provisions of a small vessel permit category, or on a Sector 
trip is not required to remove gear from the water upon returning to 
the dock and calling out of the DAS program, as appropriate, provided 
the vessel complies with the restrictions specified in paragraphs 
(j)(1)(i) through (iii) of this section. Vessels electing to fish under 
the Day gillnet designation must have on board written confirmation, 
issued by the Regional Administrator, that the vessel is a Day gillnet 
vessel.
    (ii) Declaration of time out of the gillnet fishery. (A) During 
each fishing year, a Day gillnet vessel must declare, and take, a total 
of 120 days out of the non-exempt gillnet fishery. Each period of time 
declared and taken must be a minimum of 7 consecutive days. At least 21 
days of this time must be taken between June 1 and September 30 of each 
fishing year. The spawning season time out period required by paragraph 
(g) of this section shall be credited toward the 120 days time out of 
the non-exempt gillnet fishery. If a vessel owner has not declared and 
taken any or all of the remaining periods of time required to be out of 
the fishery by the last possible date to meet these requirements, the 
vessel is prohibited from fishing for, possessing, or landing regulated 
multispecies, ocean pout, or non-exempt species harvested with gillnet 
gear and from having gillnet gear on board the vessel that is not 
stowed in accordance with Sec.  648.23(b) while fishing under a NE 
multispecies DAS, the provisions of the small vessel category permit, 
or on a Sector trip from that date through the end of the period 
between June 1 and September 30, or through the end of the fishing 
year, as applicable, unless otherwise exempt pursuant to Sec.  648.87.
    (B) Any such vessel shall declare its required time periods through 
the notification procedures specified in Sec.  648.10(j)(2).
    (C) During each period of time declared out, any such vessel is 
prohibited from fishing with non-exempted gillnet gear and must remove 
such gear from the water. However, the vessel may fish in an exempted 
fishery, as described in Sec.  648.80, or it may fish under a NE 
multispecies DAS, under the provisions of the small vessel category 
permit, or on a Sector trip, provided it fishes with gear other than 
non-exempted gillnet gear.
    (iii) Method of counting DAS. A Day gillnet vessel fishing with 
gillnet gear under a NE multispecies DAS shall accrue DAS as follows:
    (A) A Day gillnet vessel fishing with gillnet gear that has elected 
to fish in the Regular B DAS Program, as specified in Sec.  
648.85(b)(6), under a Category B DAS, is subject to the DAS accrual 
provisions of paragraph (e)(1)(i) of this section.
    (B) A Day gillnet vessel fishing with gillnet gear under a NE 
multispecies Category A DAS shall accrue DAS as follows:
    (1) A Day gillnet vessel on a common pool trip is subject to the 
DAS accrual provisions of paragraph (e)(1)(i) of this section.
    (2) A Day gillnet vessel on a Sector trip is subject to the DAS 
accrual provisions of paragraph (e)(1)(ii) of this section.
* * * * *
    (2) Trip gillnet vessels. When fishing under a NE multispecies DAS, 
under the provisions of the small vessel category permit, or on a 
Sector trip, a Trip gillnet vessel is required to remove all gillnet 
gear from the water before returning to port upon the completion of a 
fishing trip and calling out of a NE multispecies DAS, as applicable, 
under Sec.  648.10(e)(5) or (h)(5), respectively. 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.
    (k) * * *
    (2) * * *
    (ii) Subject to the conditions and requirements of this part, DAS

[[Page 69431]]

associated with a confirmation of permit history may be leased to 
another vessel without placing the permit on an active vessel.
* * * * *
    (4) * * *
    (i) Confirmation of permit history. Pursuant to paragraph 
(k)(2)(ii) of this section, DAS associated with a confirmation of 
permit history may be leased.
* * * * *
    (v) History of leased DAS use. The history of leased DAS use shall 
be presumed to remain with the Lessor vessel. In the case of multiple 
leases to one vessel, the history of leased DAS use shall be presumed 
to remain with the Lessor in the order in which such leases were 
approved by NMFS. For the purpose of accounting for leased DAS use, 
leased DAS will be accounted for (subtracted from available DAS) prior 
to allocated DAS.
* * * * *
    (x) Leasing by vessels fishing under a Sector allocation. A Sector 
vessel may not lease DAS to or from common pool vessels, but may lease 
DAS to or from another Sector vessel during the fishing year in which 
the vessel is a member of a Sector.
    (xi) One-time downgrade of DAS Leasing Program baseline. Unless 
otherwise specified in paragraph (k)(4)(xi)(B) and (C) of this section, 
for the purposes of determining eligibility for leasing DAS only, a 
vessel owner may elect to make a one-time downgrade to the vessel's DAS 
Leasing Program baseline length and horsepower as specified in 
paragraph (k)(4)(ix) of this section to match the length overall and 
horsepower specifications of the vessel that is currently issued the 
permit.
* * * * *
    (B) Applicability of the one-time DAS Leasing Program baseline 
downgrade. The downgraded DAS Leasing Program baseline may only be used 
to determine eligibility for the DAS Leasing Program and does not 
affect or change the baseline associated with the DAS Transfer Program 
specified in paragraph (l)(1)(ii) of this section, or the vessel 
replacement or upgrade restrictions specified at Sec.  
648.4(a)(1)(i)(E) and (F), or any other provision.
    (C) Duration of the one-time DAS Leasing Program baseline 
downgrade. Unless otherwise specified in this paragraph (k)(4)(xi)(C) 
of this section, the downgraded DAS Leasing Program baseline remains in 
effect until the DAS Leasing Program expires or the permit is 
transferred to another vessel via a vessel replacement, or through a 
DAS transfer. With the exception of vessels combining DAS Leasing 
Program baselines from two different vessels through the DAS Transfer 
Program as outlined in paragraph (k)(4)(xi)(C)(2) of this section, once 
the DAS Leasing Program baseline is downgraded for a particular permit, 
no further downgrades may be authorized for that permit.
    (1) Vessel replacement. If the permit is transferred to another 
vessel via a vessel replacement, the DAS Leasing Program baseline 
reverts to the baseline horsepower and length overall specifications 
associated with the permit prior to the one-time downgrade.
    (2) DAS Transfer Program. For vessels involved in a DAS Transfer 
Program transaction as described in paragraph (l) of this section, if 
the transferee vessel baseline is adopted, consistent with the 
regulations under paragraph (l)(1)(ii) of this section, and the DAS 
Leasing Program baseline of the transferee vessel was previously 
downgraded, consistent with the regulations under this paragraph 
(k)(4)(xi), the downgraded DAS Leasing Program baseline specifications 
remain valid. For vessels involved in a DAS Transfer Program 
transaction where a combination of the transferor and transferee vessel 
baselines is adopted resulting in a new vessel baseline, any previous 
DAS Leasing Program baseline downgrade for either the transferor or 
transferee vessel will be voided and the transferee vessel would have 
an additional opportunity to downgrade its combined DAS Leasing Program 
baseline.
    (l) * * *
    (1) * * *
    (ii) NE multispecies DAS may be transferred only to a vessel with a 
baseline main engine horsepower rating that is no more than 20 percent 
greater than the baseline engine horsepower of the transferor vessel. 
NE multispecies DAS may be transferred only to a vessel with a baseline 
length overall that is no more than 10 percent greater than the 
baseline length overall of the transferor vessel. For the purposes of 
this program, the baseline horsepower and length overall are those 
associated with the permit as of January 29, 2004. Upon approval of the 
transfer, the baseline of the transferee vessel would be the smaller 
baseline of the two vessels or, if the transferee vessel had not 
previously upgraded either its size (including LOA, GRT, and NT) or HP 
under the vessel replacement rules, the vessel owner could choose to 
adopt the larger baseline of the two vessels, which would constitute 
the vessel's one-time upgrade, provided such an upgrade is consistent 
with provisions of this paragraph (l)(1)(ii). A subsequent upgrade to 
another specification through a subsequent action (either a vessel 
replacement or DAS transfer) is not permissible. A vessel that has 
executed a one-time downgrade of a DAS Leasing Program baseline in 
accordance with paragraph (k)(4)(xi) is subject to the restrictions of 
paragraph (k)(4)(xi)(C) of this section.
* * * * *
    (iv) DAS conservation tax. Starting in fishing year 2010, any NE 
multispecies DAS transferred to another vessel under the DAS Transfer 
Program pursuant to paragraph (l) of this section are not subject to a 
DAS conservation tax specified in this paragraph (l)(1)(iv). Any DAS 
transferred under the DAS Transfer Program prior to fishing year 2010 
that were reduced due to the DAS conservation tax specified in this 
paragraph (l)(1)(iv) may not be reinstated to the permit associated 
with the transferor vessel.
* * * * *
    (vi) Confirmation of permit history. NE multispecies DAS associated 
with a Confirmation of Permit History may be transferred.
    (vii) Transfer by Sector vessels. A Sector vessel may not transfer 
DAS to or from vessels that are fishing under the provisions of the 
common pool or another Sector, but may transfer DAS to or from another 
vessel participating in that vessel's Sector during the fishing year in 
which the vessel is a member of a particular Sector.
    (viii) Unless otherwise restricted by this part, a vessel with a NE 
multispecies limited access Category D permit may transfer DAS only to 
a vessel with a NE multispecies limited access Category D permit, but 
may receive transferred DAS from any eligible NE multispecies vessel.
* * * * *
    (2) * * *
    (i) Application information requirements. An application to 
transfer NE multispecies DAS must contain the following information: 
Seller's/transferor's name, vessel name, permit number and official 
number or state registration number; buyer's/transferee's name, vessel 
name, permit number and official number or state registration number; 
total price paid for purchased DAS; signatures of seller and buyer; and 
date the form was completed. Information obtained from the transfer 
application will be held confidential, and will be used only in 
summarized form for management of the fishery.
    (n) NE multispecies common pool accountability measure (AM). Common 
pool vessels are subject to the following AMs, in addition to the DAS 
accrual

[[Page 69432]]

provisions specified in paragraph (e) of this section and other 
measures specified in this part.
    (1) Differential DAS counting AM for fishing years 2010 and 2011. 
Unless otherwise specified pursuant to Sec.  648.90(a)(5), based upon 
catch and other information available to NMFS by February of each year, 
the Regional Administrator shall project the catch of regulated species 
or ocean pout by common pool vessels for the fishing year ending on 
April 30 and shall determine whether such catch will exceed any of the 
sub-ACLs specified for common pool vessels pursuant to Sec.  
648.90(a)(4). This projection shall be updated once available 
information regarding the catch of regulated species and ocean pout by 
vessels fishing for groundfish in state waters outside of the FMP, 
vessels fishing in exempted fisheries, and vessels fishing in the 
Atlantic sea scallop fishery to determine if excessive catch by such 
vessels resulted in the overall ACL for a particular stock to be 
exceeded. If such catch resulted in the overall ACL for a particular 
stock being exceeded, the common pool's share of the overage of the 
overall ACL for that stock shall be added to the catch of each stock of 
regulated species or ocean pout by common pool vessels pursuant to 
Sec.  648.90(a)(5). If the Regional Administrator projects that any of 
the sub-ACLs specified for common pool vessels will be exceeded or 
underharvested, the Regional Administrator shall implement a 
differential DAS counting factor to all Category A DAS used within the 
stock area in which the sub-ACL was exceeded or underharvested, as 
specified in paragraph (n)(1)(i) of this section, during the following 
fishing year, in a manner consistent with the Administrative Procedure 
Act. The differential DAS counting factor shall be based upon the 
projected proportion of the sub-ACL of each NE multispecies stock 
caught by common pool vessels, rounded to the nearest even tenth, as 
specified in paragraph (n)(1)(ii) of this section, unless otherwise 
specified pursuant to Sec.  648.90(a)(5). For example, if the Regional 
Administrator projects that common pool vessels will catch 1.18 times 
the sub-ACL for GOM cod during fishing year 2010, the Regional 
Administrator shall implement a differential DAS counting factor of 1.2 
to all Category A DAS used by common pool vessels only within the 
Inshore GOM Differential DAS Area during fishing year 2011 (i.e., 
Category A DAS will be charged at a rate of 28.8 hr for every 24-hr 
fished-1.2 x 24-hr DAS counting). If it is projected that catch in a 
particular fishing year will exceed or underharvest the sub-ACLs for 
several regulated species stocks within a particular stock area, 
including both exceeding and underharvesting several sub-ACLs within a 
particular stock area, the Regional Administrator shall implement the 
most restrictive differential DAS counting factor derived from 
paragraph (n)(1)(ii) of this section for the sub-ACLs exceeded or 
underharvested to any Category A DAS used by common pool vessels within 
that particular stock area. For example, if it is projected that common 
pool vessels will be responsible for 1.2 times the GOM cod sub-ACL and 
1.1 times the CC/GOM yellowtail flounder sub-ACL, the Regional 
Administrator shall implement a differential DAS counting factor of 1.2 
to any Category A DAS fished by common pool vessels only within the 
Inshore GOM Stock Area during the following fishing year. For any 
differential DAS counting factor implemented in fishing year 2011, the 
differential DAS counting factor shall be applied against the DAS 
accrual provisions specified in paragraph (e)(1)(i) of this section for 
the time spent fishing in the applicable differential DAS counting area 
based upon the first VMS position into the applicable differential DAS 
counting area and the first VMS position outside of the applicable 
differential DAS counting area pursuant to Sec.  648.10. For example, 
if a vessel fished 12 hr inside a differential DAS counting area where 
a differential DAS counting factor of 1.2 would be applied, and 12 hr 
outside of the differential DAS counting area, the vessel would be 
charged 48 hr of DAS use because DAS would be charged in 24-hr 
increments ((12 hr inside the area x 1.2 = 14.4 hr) + 12 hr outside the 
area, rounded to the next 24-hr increment to determine DAS charged). 
For any differential DAS counting factor implemented in fishing year 
2012, the differential DAS counting factor shall be applied against the 
DAS accrual provisions specified in paragraph (e)(1)(i) of this 
section, or if a differential DAS counting factor was implemented for 
that stock area during fishing year 2011, against the DAS accrual rate 
applied in fishing year 2011. For example, if a differential DAS 
counting factor of 1.2 was applied to the Inshore GOM Differential DAS 
Area during fishing year 2011 due to a 20-percent overage of the GOM 
cod sub-ACL, yet the GOM cod sub-ACL was exceeded again, but by 50 
percent during fishing year 2011, an additional differential DAS factor 
of 1.5 would be applied to the DAS accrual rate applied during fishing 
year 2012 (i.e., the DAS accrual rate in the Inshore GOM Differential 
DAS Counting Area during fishing year 2012 would be 43.2 hr charged for 
every 24-hr fished-1.2 x 1.5 x 24-hr DAS charge). If the Regional 
Administrator determines that similar DAS adjustments are necessary in 
all stock areas, the Regional Administrator will adjust the ratio of 
Category A:Category B DAS specified in paragraph (d)(1) of this section 
to reduce the number of available Category A DAS available based upon 
the amount of the overage, rather than apply a differential DAS 
counting factor to all Category A DAS used in all stock areas.
    (i) Differential DAS counting areas. The following differential DAS 
counting areas shall be used for the purposes of implementing the 
differential DAS counting AM specified in paragraph (n)(1) of this 
section:
    (A) Inshore GOM Differential DAS Area. The Inshore GOM Differential 
DAS Area applies to the following stocks of regulated species: White 
hake, pollock, GOM cod, GOM haddock, CC/GOM yellowtail flounder, GOM 
winter flounder, and Atlantic wolffish. The Inshore GOM Differential 
DAS Area is defined as the area bounded on the west by the shoreline of 
the United States and bounded on the east by straight lines connecting 
the following points in the order stated:

                    Inshore GOM Differential DAS Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
INGOM1..........................  (\1\)               69[deg]30'
INGOM2..........................  43[deg]00'          69[deg]30'
INGOM3..........................  43[deg]00'          70[deg]00'
INGOM4..........................  (\2\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ North-facing shoreline of Cape Cod, MA.

    (B) Offshore GOM Differential DAS Area. The Offshore GOM 
Differential DAS Area applies to the following stocks of regulated 
species: GOM haddock, white hake, pollock, redfish, witch flounder, 
American plaice, and Atlantic halibut. The Offshore GOM Differential 
DAS Area is defined as the area bounded on the north by the shoreline 
of Maine, bounded on the east by the U.S./Canadian maritime boundary, 
and bounded on the south and west by straight lines connecting the 
following points in the order stated:

[[Page 69433]]



                   Offshore GOM Differential DAS Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
CII3............................  42[deg]22'          67[deg]20'
OFFGOM1.........................  42[deg]20'          67[deg]20'
OFFGOM2.........................  42[deg]20'          70[deg]00'
OFFGOM5.........................  43[deg]00'          70[deg]00'
INGOM2..........................  43[deg]00'          69[deg]30'
INGOM1..........................  (\1\)               69[deg]30'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.

    (C) Inshore GB Differential DAS Area. The Inshore GB Differential 
DAS Area applies to the following stocks of regulated species: Witch 
flounder, American plaice, white hake, Atlantic halibut, redfish, 
pollock, CC/GOM yellowtail flounder, GB cod, GB haddock, SNE/MA winter 
flounder, and Atlantic wolffish. The Inshore GB Differential DAS Area 
is defined as the area bounded by straight lines connecting the 
following points in the order stated:

                    Inshore GB Differential DAS Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
G9..............................  42[deg]00'          (\1\)
G10.............................  42[deg]20'          70[deg]00'
IGB1............................  42[deg]20'          68[deg]50'
IGB2............................  41[deg]00'          68[deg]50'
IGB3............................  41[deg]00'          69[deg]30'
IGB4............................  41[deg]10'          69[deg]30'
IGB5............................  41[deg]10'          69[deg]50'
IGB6............................  41[deg]20'          69[deg]50'
IGB7............................  41[deg]20'          70[deg]00'
G12.............................  (\2\)               70[deg]00'
------------------------------------------------------------------------
\1\ The intersection of the Cape Cod, MA, coastline and 70[deg]00' W.
  longitude.
\2\ South-facing shoreline of Cape Cod, MA.

    (D) Offshore GB Differential DAS Area. The Offshore GB Differential 
DAS Area applies to the following stocks of regulated species: Witch 
flounder, American plaice, Atlantic halibut, northern windowpane 
flounder, GB cod, GB haddock, GB yellowtail flounder, and GB winter 
flounder. The Offshore GB Differential DAS Area is defined as the area 
bounded by straight lines connecting the following points in the order 
stated:

                    Offshore GB Differential DAS Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
IGB1............................  42[deg] 20'         68[deg]50'
OGB1............................  42[deg]20'          67[deg]20'
CII3............................  42[deg]22'          67[deg]20'
SNE1............................  40[deg]27'          65[deg]43'
OGB2............................  40[deg]10'          (\1\)
OGB3............................  40[deg]10'          68[deg]50'
IGB1............................  42[deg]20'          68[deg]50'
------------------------------------------------------------------------
\1\ The U.S./Canada maritime boundary as it intersects with the EEZ.

    (E) SNE/MA Differential DAS Area. The SNE/MA Differential DAS Area 
applies to the following stocks of regulated species or ocean pout: 
SNE/MA winter flounder, SNE/MA yellowtail flounder, southern windowpane 
flounder, and ocean pout. The SNE/MA Differential DAS Area is defined 
as the area bounded on the north and west by the coastline of the 
United States, bounded on the east and south by straight lines 
connecting the following points in the order stated:

                      SNE/MA Differential DAS Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
G12.............................  (\1\)               70[deg]00'
IGB7............................  41[deg]20'          70[deg]00'
IGB6............................  41[deg]20'          69[deg]50'
IGB5............................  41[deg]10'          69[deg]50'
IGB4............................  41[deg]10'          69[deg]30'
IGB3............................  41[deg]00'          69[deg]30'
IGB2............................  41[deg]00'          68[deg]50'
SNEDA1..........................  40[deg]10'          68[deg]50'
SNEDA2..........................  40[deg]10'          73[deg]10'
SNEDA3..........................  39[deg]50'          73[deg]10'
SNEDA4..........................  39[deg]50'          (\2\)
------------------------------------------------------------------------
\1\ South-facing shoreline of Cape Cod, MA.
\2\ East-facing shoreline of NJ.

    (ii) Differential DAS counting factor. For determining the 
differential DAS counting AM specified in this paragraph (n)(1), the 
following differential DAS factor shall, except as provided for in 
paragraph (n)(1)(iii) of this section, be applied to the DAS accrual 
rate specified in paragraph (e)(1) of this section and implemented in a 
manner consistent with the Administrative Procedure Act.

------------------------------------------------------------------------
         Proportion of ACL caught             Differential DAS factor
------------------------------------------------------------------------
0.5......................................  0.5
0.6......................................  0.6
0.7......................................  0.7
0.8......................................  0.8
0.9......................................  No change.
1.0......................................  No change.
1.1......................................  1.1
1.2......................................  1.2
1.3......................................  1.3
1.4......................................  1.4
1.5......................................  1.5
1.6......................................  1.6
1.7......................................  1.7
1.8......................................  1.8
1.9......................................  1.9
2.0......................................  2.0
------------------------------------------------------------------------

     (iii) Mixed-stock exception. When determining the differential DAS 
counting AM specified in this paragraph (n)(1), the Regional 
Administrator shall conduct an analysis to determine whether the mixed-
stock exception, as specified in Sec.  600.310(m), may be applicable. 
If the analysis concludes that the mixed-stock exception is applicable, 
the Regional Administrator shall modify or not apply a differential DAS 
counting AM on specific stocks, as appropriate, in accordance with the 
mixed-stock exception.
    (iv) Fishing year 2012. Any adjustments to DAS counting necessary 
as a result of either underharvesting or overharvesting any of the sub-
ACLs specified for common pool vessels during the 2011 fishing year 
pursuant to Sec.  648.90(a)(4) shall become effective and remain 
effective for the duration of fishing year 2012 in addition to the 
implementation of the trimester TAC AM specified in paragraph (n)(2) of 
this section.
    (2) Trimester TAC AM for fishing years 2012 and beyond. Beginning 
in fishing year 2012, common pool vessels shall be subject to the 
following restrictions:
    (i) Trimester TACs. (A) Trimester TAC distribution. Any sub-ACLs 
specified for common pool vessels pursuant to Sec.  648.90(a)(4) shall 
be apportioned into trimesters of four months in duration, beginning at 
the start of the fishing year (i.e., Trimester 1: May 1-August 31; 
Trimester 2: September 1-December 31; Trimester 3: January 1-April 30), 
as follows):

   Portion of Common Pool Sub-ACLs Apportioned to Each Stock for Each
                                Trimester
------------------------------------------------------------------------
                                   Trimester 1  Trimester 2  Trimester 3
              Stock                 (percent)    (percent)    (percent)
------------------------------------------------------------------------
GOM Cod..........................           27           36           37
GB Cod...........................           25           37           38
GOM Haddock......................           27           26           47
GB Haddock.......................           27           33           40

[[Page 69434]]

 
CC/GOM Yellowtail Flounder.......           35           35           30
GB Yellowtail Flounder...........           19           30           52
SNE/MA Yellowtail Flounder.......           21           37           42
GOM Winter Flounder..............           37           38           25
GB Winter Flounder...............            8           24           69
SNE/MA Winter Flounder...........           36           50           14
Witch Flounder...................           27           31           42
American Plaice..................           24           36           40
Pollock..........................           28           35           37
Redfish..........................           25           31           44
White Hake.......................           38           31           31
Northern Windowpane Flounder.....           33           33           34
Southern Windowpane Flounder.....           33           33           34
Ocean Pout.......................           33           33           34
Atlantic Halibut.................           33           33           34
Atlantic Wolffish................           75           13           12
------------------------------------------------------------------------

     (B) Trimester TAC adjustment. The distribution of trimester TACs 
specified in paragraph (n)(2)(i)(A) of this section may be adjusted 
pursuant to the biennial adjustment process specified in Sec.  648.90. 
Future adjustments to the distribution of trimester TACs shall use 
catch data for the most recent 5-year period prior to the reevaluation 
of trimester TACs.
    (ii) Stock area closures. With the exception of both stocks of 
windowpane flounder, ocean pout, and Atlantic halibut, if the Regional 
Administrator projects that 90 percent of the trimester TACs specified 
in paragraph (n)(2)(i) of this section will be caught based upon 
available information, the Regional Administrator shall close the area 
where 90 percent of the catch for each such stock occurred, according 
to available VTR data and other information, to all common pool vessels 
using gear capable of catching such stocks for the remainder of that 
trimester, as specified in paragraphs (n)(2)(ii)(A) through (P) of this 
section, in a manner consistent with the Administrative Procedure Act. 
For example, if the Regional Administrator projects that 90 percent of 
the CC/GOM yellowtail flounder Trimester 1 TAC will be caught, common 
pool vessels using trawl and gillnet gear shall be prohibited from 
fishing in the CC/GOM Yellowtail Flounder Closure Area specified in 
paragraph (n)(2)(ii)(G) of this section until the beginning of 
Trimester 2 on September 1 of that fishing year. For both stocks of 
windowpane flounder, ocean pout, and Atlantic halibut, the Regional 
Administrator shall monitor catch of these stocks and shall deduct any 
projected overages of the sub-ACLs for such stocks pursuant to 
paragraph (n)(2)(iii) of this section, instead of implementing a stock 
area closure when a Trimester TAC for any of these stocks is projected 
to be caught. Based upon all available information, the Regional 
Administrator is authorized to expand or narrow the areas closed under 
this paragraph (n)(2)(ii) in a manner consistent with the 
Administrative Procedure Act. If it is not possible to identify an area 
where only 90 percent of the catch occurred, the Regional Administrator 
shall close the smallest area possible where greater than 90 percent of 
the catch occurred.
    (A) GB Cod Trimester TAC Area. For the purposes of the trimester 
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the 
GB Cod Trimester TAC Area shall apply to common pool vessels using 
trawl gear, sink gillnet gear, and longline/hook gear within the area 
bounded by straight lines connecting the following points in the order 
stated:

                        GB Cod Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GB1.............................  42[deg]20'          70[deg]00'
GB2.............................  42[deg]20'          (\1\)
GB3.............................  40[deg]30'          65[deg]40'
GB4.............................  40[deg]30'          66[deg]40'
GB5.............................  39[deg]50'          66[deg]40'
GB6.............................  39[deg]50'          66[deg]40'
GB7.............................  41[deg]00'          68[deg]50'
GB8.............................  41[deg]00'          69[deg]30'
GB9.............................  41[deg]10'          69[deg]30'
GB10............................  41[deg]10'          69[deg]50'
GB11............................  41[deg]20'          69[deg]50'
GB12............................  (\2\)               70[deg]00'
GB13............................  (\3\)               70[deg]00'
GB14............................  (\4\)               70[deg]00'
GB15............................  (\5\)               70[deg]00'
GB1.............................  42[deg]20'          70[deg]00'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.
\2\ East-facing shoreline of Nantucket, MA.
\3\ North-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Cape Cod, MA.
\5\ North-facing shoreline of Cape Cod, MA.

    (B) GOM Cod Trimester TAC Area. For the purposes of the trimester 
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the 
GOM Cod Trimester TAC Area shall apply to common pool vessels using 
trawl gear, sink gillnet gear, and longline/hook gear within the area 
bounded on the south, west, and north by the shoreline of the United 
States and bounded on the east by straight lines connecting the 
following points in the order stated:

                       GOM Cod Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GOM1............................  (\1\)               69[deg]20'
GOM2............................  43[deg]40'          69[deg]20'
GOM3............................  43[deg]40'          69[deg]00'
GOM4............................  43[deg]20'          69[deg]00'
GOM5............................  43[deg]20'          69[deg]10'
GOM6............................  43[deg]00'          69[deg]10'
GOM7............................  43[deg]00'          69[deg]20'
GOM8............................  42[deg]50'          69[deg]20'
GOM9............................  42[deg]50'          69[deg]40'
GOM10...........................  42[deg]20'          69[deg]40'
GOM11...........................  42[deg]20'          70[deg]00'
GOM12...........................  (\2\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ North-facing shoreline of Cape Cod, MA.

    (C) GB Haddock Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the GB Haddock Trimester TAC Area shall apply to common pool 
vessels using trawl gear, sink gillnet gear, and longline/hook gear 
within the area bounded by straight lines connecting the following 
points in the order stated:

[[Page 69435]]



                      GB Haddock Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GB1.............................  42[deg]20'          70[deg]00'
GB2.............................  42[deg]20'          (\1\)
GB3.............................  40[deg]30'          65[deg]40'
GB4.............................  40[deg]30'          66[deg]40'
GB5.............................  39[deg]50'          66[deg]40'
GB6.............................  39[deg]50'          66[deg]40'
GB7.............................  41[deg]00'          68[deg]50'
GB8.............................  41[deg]00'          69[deg]30'
GB9.............................  41[deg]10'          69[deg]30'
GB10............................  41[deg]10'          69[deg]50'
GB11............................  41[deg]20'          69[deg]50'
GB12............................  (\2\)               70[deg]00'
GB13............................  (\3\)               70[deg]00'
GB14............................  (\4\)               70[deg]00'
GB15............................  (\5\)               70[deg]00'
GB1.............................  42[deg]20'          70[deg]00'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.
\2\ East-facing shoreline of Nantucket, MA.
\3\ North-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Cape Cod, MA.
\5\ North-facing shoreline of Cape Cod, MA.

    (D) GOM Haddock Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the GOM Haddock Trimester TAC Area shall apply to common pool 
vessels using trawl gear, sink gillnet gear, and longline/hook gear 
within the area bounded on the south, west, and north by the shoreline 
of the United States and bounded on the east by straight lines 
connecting the following points in the order stated:

                     GOM Haddock Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GOM1............................  (\1\)               69[deg]20'
GOM2............................  43[deg]40'          69[deg]20'
GOM3............................  43[deg]40'          69[deg]00'
GOM4............................  43[deg]20'          69[deg]00'
GOM5............................  43[deg]20'          67[deg]40'
GOM6............................  (\2\)               67[deg]40'
GOM7............................  42[deg]53.1'        67[deg]44.4'
GOM8............................  (\2\)               67[deg]40'
GOM9............................  42[deg]20'          67[deg]40'
GOM10...........................  42[deg]20'          70[deg]00'
GOM10...........................  (\3\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ North-facing shoreline of Cape Cod, MA.

    (E) GB Yellowtail Flounder Trimester TAC Area. For the purposes of 
the trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the GB Yellowtail Flounder Trimester TAC Area shall apply to 
common pool vessels using trawl gear and sink gillnet gear within the 
area bounded by straight lines connecting the following points in the 
order stated:

                GB Yellowtail Flounder Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GB1.............................  42[deg]20'          68[deg]50'
GB2.............................  42[deg]20'          (\1\)
GB3.............................  40[deg]30'          65[deg]40'
GB4.............................  40[deg]30'          66[deg]40'
GB5.............................  39[deg]50'          66[deg]40'
GB6.............................  39[deg]50'          68[deg]50'
GB1.............................  42[deg]20'          68[deg]50'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.

    (F) SNE/MA Yellowtail Flounder Trimester TAC Area. For the purposes 
of the trimester TAC AM closure specified in paragraph (n)(2)(ii) of 
this section, the SNE/MA Yellowtail Flounder Trimester TAC Area shall 
apply to common pool vessels using trawl gear and sink gillnet gear 
within the area bounded by straight lines connecting the following 
points in the order stated:

              SNE/MA Yellowtail Flounder Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
SNEMA1..........................  (\1\)               70[deg]00'
SNEMA2..........................  (\2\)               70[deg]00'
SNEMA3..........................  (\3\)               70[deg]00'
SNEMA4..........................  39[deg]50'          70[deg]00'
SNEMA5..........................  39[deg]50'          71[deg]40'
SNEMA6..........................  40[deg]00'          71[deg]40'
SNEMA7..........................  40[deg]00'          73[deg]00'
SNEMA8..........................  (\4\)               73[deg]00'
SNEMA9..........................  41[deg]00'          (\5\)
SNEMA10.........................  41[deg]00'          71[deg]40'
SNEMA11.........................  (\6\)               71[deg]40'
------------------------------------------------------------------------
\1\ South-facing shoreline of Cape Cod, MA.
\2\ North-facing shoreline of Nantucket, MA.
\3\ South-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Long Island, NY.
\5\ East-facing shoreline of Long Island, NY.
\6\ Intersection with RI shoreline.

    (G) CC/GOM Yellowtail Flounder Trimester TAC Area. For the purposes 
of the trimester TAC AM closure specified in paragraph (n)(2)(ii) of 
this section, the CC/GOM Yellowtail Flounder Trimester TAC Area shall 
apply to common pool vessels using trawl gear and sink gillnet gear 
within the area bounded by straight lines connecting the following 
points in the order stated:

              CC/GOM Yellowtail Flounder Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
CCGOM1..........................  42[deg]50'          (\1\)
CCGOM2..........................  42[deg]50'          69[deg]40'
CCGOM3..........................  42[deg]20'          69[deg]40'
CCGOM4..........................  42[deg]20'          68[deg]50'
CCGOM5..........................  41[deg]00'          68[deg]50'
CCGOM6..........................  41[deg]00'          69[deg]30'
CCGOM7..........................  41[deg]10'          69[deg]30'
CCGOM8..........................  41[deg]10'          69[deg]50'
CCGOM9..........................  41[deg]20'          69[deg]50'
CCGOM10.........................  41[deg]20'          (\2\)
CCGOM11.........................  (\3\)               70[deg]00'
CCGOM12.........................  (\4\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with MA shoreline.
\2\ East-facing shoreline of Nantucket, MA.
\3\ South-facing shoreline of MA.
\4\ North-facing shoreline of Nantucket, MA.

    (H) American Plaice Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the American Plaice Trimester TAC Area shall apply to common 
pool vessels using trawl gear within the area bounded by straight lines 
connecting the following points in the order stated:

                   American Plaice Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
AP1.............................  (\1\)               68[deg]00'
AP2.............................  44[deg]10'          67[deg]50'
AP3.............................  44[deg]00'          67[deg]50'
AP4.............................  44[deg]00'          67[deg]40'
AP5.............................  (\2\)               67[deg]40'
AP6.............................  42[deg]53.1'        67[deg]44.4'
AP7.............................  (\2\)               67[deg]40'
AP8.............................  41[deg]20'          67[deg]40'
AP9.............................  41[deg]10'          67[deg]40'
AP10............................  41[deg]10'          67[deg]10'
AP11............................  41[deg]00'          67[deg]10'
AP12............................  41[deg]00'          67[deg]00'
AP13............................  40[deg]50'          67[deg]00'
AP14............................  40[deg]50'          66[deg]50'
AP15............................  40[deg]40'          66[deg]50'
AP16............................  40[deg]40'          66[deg]40'
AP17............................  39[deg]50'          66[deg]40'
AP18............................  39[deg]50'          68[deg]50'
AP19............................  41[deg]00'          68[deg]50'
AP20............................  41[deg]00'          69[deg]30'
AP21............................  41[deg]10'          69[deg]30'
AP22............................  41[deg]10'          69[deg]50'
AP23............................  41[deg]20'          69[deg]50'
AP24............................  41[deg]20'          (\3\)
AP25............................  (\4\)               70[deg]00'
AP26............................  (\5\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.

    (I) Witch Flounder Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the Witch Flounder Trimester TAC Area shall apply to common 
pool vessels using trawl gear within the area bounded by

[[Page 69436]]

straight lines connecting the following points in the order stated:

                    Witch Flounder Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
AP1.............................  (\1\)               68[deg]00'
AP2.............................  44[deg]10'          67[deg]50'
AP3.............................  44[deg]00'          67[deg]50'
AP4.............................  44[deg]00'          67[deg]40'
AP5.............................  (\2\)               67[deg]40'
AP6.............................  42[deg]53.1'        67[deg]44.4'
AP7.............................  (\2\)               67[deg]40'
AP8.............................  41[deg]20'          67[deg]40'
AP9.............................  41[deg]10'          67[deg]40'
AP10............................  41[deg]10'          67[deg]10'
AP11............................  41[deg]00'          67[deg]10'
AP12............................  41[deg]00'          67[deg]00'
AP13............................  40[deg]50'          67[deg]00'
AP14............................  40[deg]50'          66[deg]50'
AP15............................  40[deg]40'          66[deg]50'
AP16............................  40[deg]40'          66[deg]40'
AP17............................  39[deg]50'          66[deg]40'
AP18............................  39[deg]50'          68[deg]50'
AP19............................  41[deg]00'          68[deg]50'
AP20............................  41[deg]00'          69[deg]30'
AP21............................  41[deg]10'          69[deg]30'
AP22............................  41[deg]10'          69[deg]50'
AP23............................  41[deg]20'          69[deg]50'
AP24............................  41[deg]20'          (\3\)
AP25............................  (\4\)               70[deg]00'
AP26............................  (\5\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.

    (J) GB Winter Flounder Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the GB Winter Flounder Trimester TAC Area shall apply to 
common pool vessels using trawl gear within the area bounded by 
straight lines connecting the following points in the order stated:

                  GB Winter Flounder Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GB1.............................  42[deg]20'          68[deg]50'
GB2.............................  42[deg]20'          67[deg]40'
GB3.............................  41[deg]50'          67[deg]40'
GB4.............................  41[deg]50'          (\1\)
GB5.............................  40[deg]30'          65[deg]40'
GB6.............................  40[deg]30'          66[deg]40'
GB7.............................  40[deg]40'          66[deg]40'
GB8.............................  40[deg]40'          66[deg]50'
GB9.............................  40[deg]50'          66[deg]50'
GB10............................  40[deg]50'          67[deg]00'
GB11............................  41[deg]00'          67[deg]00'
GB12............................  41[deg]00'          67[deg]10'
GB13............................  41[deg]10'          67[deg]10'
GB14............................  41[deg]10'          67[deg]00'
GB15............................  41[deg]20'          67[deg]40'
GB16............................  41[deg]20'          68[deg]10'
GB17............................  41[deg]10'          68[deg]10'
GB18............................  41[deg]10'          68[deg]20'
GB19............................  41[deg]00'          68[deg]20'
GB20............................  41[deg]00'          68[deg]50'
GB1.............................  42[deg]20'          68[deg]50'
------------------------------------------------------------------------
\1\ U.S./Canada maritime boundary.

    (K) GOM Winter Flounder Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the GOM Winter Flounder Trimester TAC Area shall apply to 
common pool vessels using trawl gear and sink gillnet gear within the 
area bounded by straight lines connecting the following points in the 
order stated:

                 GOM Winter Flounder Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GOM1............................  42[deg]50'          (\1\)
GOM2............................  42[deg]50'          69[deg]40'
GOM3............................  42[deg]20'          69[deg]40'
GOM4............................  42[deg]20'          70[deg]00'
GOM5............................  (\2\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with MA shoreline.
\2\ North-facing shoreline of Cape Cod, MA.

    (L) SNE/MA Winter Flounder Trimester TAC AM Closure Area. For the 
purposes of the trimester TAC AM closure specified in paragraph 
(n)(2)(ii) of this section, the SNE/MA Winter Flounder Trimester TAC 
Areas I and II shall apply to common pool vessels using trawl gear. The 
SNE/MA Winter Flounder Trimester TAC Area I is bounded by straight 
lines connecting the following points in the order stated:

               SNE/MA Winter Flounder Trimester TAC Area I
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
SNE/MA1.........................  42[deg]20'          70[deg]00'
SNE/MA2.........................  42[deg]20'          68[deg]50'
SNE/MA3.........................  41[deg]00'          68[deg]50'
SNE/MA4.........................  41[deg]00'          69[deg]30'
SNE/MA5.........................  41[deg]10'          69[deg]30'
SNE/MA6.........................  41[deg]10'          69[deg]50'
SNE/MA7.........................  41[deg]20'          69[deg]50'
SNE/MA8.........................  (\1\)               70[deg]00'
SNE/MA9.........................  (\2\)               70[deg]00'
SNE/MA10........................  (\3\)               70[deg]00'
SNE/MA11........................  (\4\)               70[deg]00'
SNE/MA1.........................  42[deg]20'          70[deg]00'
------------------------------------------------------------------------
\1\ East-facing shoreline of Nantucket, MA.
\2\ North-facing shoreline of Nantucket, MA.
\3\ South-facing shoreline of Cape Cod, MA.
\4\ North-facing shoreline of Cape Cod, MA.

    SNE/MA Winter Flounder Trimester TAC Area II is bound on the west 
by the U.S. coastline, defined by straight lines connecting the 
following points in the order stated:

              SNE/MA Winter Flounder Trimester TAC Area II
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
SNE/MA12........................  (\1\)               71[deg]10'
SNE/MA13........................  41[deg]20'          71[deg]10'
SNE/MA14........................  41[deg]20'          (\2\)
SNE/MA15........................  41[deg]20'          (\3\)
SNE/MA16........................  41[deg]20'          (\4\)
SNE/MA17........................  (\5\)               70[deg]00'
SNE/MA18........................  39[deg]50'          70[deg]00'
SNE/MA19........................  39[deg]50'          71[deg]40'
SNE/MA20........................  40[deg]00'          71[deg]40'
SNE/MA21........................  40[deg]00'          (\6\)
------------------------------------------------------------------------
\1\ Intersection with RI shoreline.
\2\ West-facing shoreline of Martha's Vineyard, MA.
\3\ East-facing shoreline of Martha's Vineyard, MA.
\4\ West-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Nantucket, MA.
\6\ Intersection with NJ shoreline.

    (M) Redfish Trimester TAC Area. For the purposes of the trimester 
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the 
Redfish Trimester TAC Area shall apply to common pool vessels using 
trawl gear within the area bounded by straight lines connecting the 
following points in the order stated:

                       Redfish Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
RF1.............................  (\1\)               69[deg]20'
RF2.............................  43[deg]40'          69[deg]20'
RF3.............................  43[deg]40'          69[deg]00'
RF4.............................  43[deg]20'          69[deg]00'
RF5.............................  43[deg]20'          67[deg]40'
RF6.............................  (\2\)               67[deg]40'
RF7.............................  42[deg]53.1'        67[deg]44.4'
RF8.............................  (\2\)               67[deg]40'
RF9.............................  41[deg]20'          67[deg]40'
RF10............................  41[deg]20'          68[deg]10'
RF11............................  41[deg]10'          68[deg]10'
RF12............................  41[deg]10'          68[deg]20'
RF13............................  41[deg]00'          68[deg]20'
RF14............................  41[deg]00'          69[deg]30'
RF15............................  41[deg]10'          69[deg]30'
RF16............................  41[deg]10'          69[deg]50'
RF17............................  41[deg]20'          69[deg]50'
RF18............................  (\3\)               70[deg]00'
RF19............................  (\4\)               70[deg]00'
RF20............................  (\5\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.

    (N) White Hake Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the White Hake Trimester TAC Area shall apply to common pool 
vessels using trawl gear,

[[Page 69437]]

sink gillnet gear, and longline/hook gear within the area bounded by 
straight lines connecting the following points in the order stated:

                      White Hake Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
RF1.............................  (\1\)               69[deg]20'
RF2.............................  43[deg]40'          69[deg]20'
RF3.............................  43[deg]40'          69[deg]00'
RF4.............................  43[deg]20'          69[deg]00'
RF5.............................  43[deg]20'          67[deg]40'
RF6.............................  (\2\)               67[deg]40'
RF7.............................  42[deg]53.1'        67[deg]44.4'
RF8.............................  (\2\)               67[deg]40'
RF9.............................  41[deg]20'          67[deg]40'
RF10............................  41[deg]20'          68[deg]10'
RF11............................  41[deg]10'          68[deg]10'
RF12............................  41[deg]10'          68[deg]20'
RF13............................  41[deg]00'          68[deg]20'
RF14............................  41[deg]00'          69[deg]30'
RF15............................  41[deg]10'          69[deg]30'
RF16............................  41[deg]10'          69[deg]50'
RF17............................  41[deg]20'          69[deg]50'
RF18............................  (\3\)               70[deg]00'
RF19............................  (\4\)               70[deg]00'
RF20............................  (\5\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.

    (O) Pollock Trimester TAC Area. For the purposes of the trimester 
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the 
Pollock Trimester TAC Area shall apply to common pool vessels using 
trawl gear, sink gillnet gear, and longline/hook gear within the area 
bounded by straight lines connecting the following points in the order 
stated:

                       Pollock Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
RF1.............................  (\1\)               69[deg]20'
RF2.............................  43[deg]40'          69[deg]20'
RF3.............................  43[deg]40'          69[deg]00'
RF4.............................  43[deg]20'          69[deg]00'
RF5.............................  43[deg]20'          67[deg]40'
RF6.............................  (\2\)               67[deg]40'
RF7.............................  42[deg]53.1'        67[deg]44.4'
RF8.............................  (\2\)               67[deg]40'
RF9.............................  41[deg]20'          67[deg]40'
RF10............................  41[deg]20'          68[deg]10'
RF11............................  41[deg]10'          68[deg]10'
RF12............................  41[deg]10'          68[deg]20'
RF13............................  41[deg]00'          68[deg]20'
RF14............................  41[deg]00'          69[deg]30'
RF15............................  41[deg]10'          69[deg]30'
RF16............................  41[deg]10'          69[deg]50'
RF17............................  41[deg]20'          69[deg]50'
RF18............................  (\3\)               70[deg]00'
RF19............................  (\4\)               70[deg]00'
RF20............................  (\5\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.

    (P) Atlantic Wolfish Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the Atlantic Wolfish Trimester TAC Area shall apply to common 
pool vessels using trawl gear and sink gillnet gear within the area 
bounded by straight lines connecting the following points in the order 
stated:

                   Atlantic Wolfish Trimester TAC Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
ATWLF1..........................  (\1\)               69[deg]20'
ATWLF2..........................  43[deg]40'          69[deg]20'
ATWLF3..........................  43[deg]40'          69[deg]00'
ATWLF4..........................  43[deg]20'          69[deg]00'
ATWLF5..........................  43[deg]20'          69[deg]10'
ATWLF6..........................  43[deg]00'          69[deg]10'
ATWLF7..........................  43[deg]00'          69[deg]20'
ATWLF8..........................  42[deg]50'          69[deg]20'
ATWLF9..........................  42[deg]50'          69[deg]40'
ATWLF10.........................  42[deg]20'          69[deg]40'
ATWLF11.........................  42[deg]20'          67[deg]40'
ATWLF12.........................  41[deg]20'          67[deg]40'
ATWLF13.........................  41[deg]20'          68[deg]10'
ATWLF14.........................  41[deg]10'          68[deg]10'
ATWLF15.........................  41[deg]10'          68[deg]20'
ATWLF16.........................  41[deg]00'          68[deg]20'
ATWLF17.........................  41[deg]00'          69[deg]30'
ATWLF18.........................  41[deg]10'          69[deg]30'
ATWLF19.........................  41[deg]10'          69[deg]50'
ATWLF20.........................  41[deg]20'          69[deg]50'
ATWLF21.........................  (\2\)               70[deg]00'
ATWLF22.........................  (\3\)               70[deg]00'
ATWLF23.........................  (\4\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ East-facing shoreline of Nantucket, MA.
\3\ North-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of Cape Cod, MA.

    (iii) Trimester TAC overage/underage. If any trimester TAC, as 
specified in paragraph (n)(2)(i) of this section, is not caught during 
Trimester 1 or 2, the uncaught portion of the trimester TAC shall be 
carried forward into the next trimester. Uncaught portions of any 
trimester TAC following Trimester 3 may not be carried over into the 
following fishing year. If any trimester TAC is exceeded during the 
Trimesters 1 or 2, the overage shall be deducted from the Trimester 3 
TAC for that stock. If the entire sub-ACL for a particular stock that 
is allocated to the common pool is exceeded (i.e., the common pool 
catch of that stock at the end of the fishing year, including the 
common pool's share of any overage of the overall ACL for a particular 
stock caused by excessive catch by other sub-components of the fishery 
pursuant to Sec.  648.90(a)(5), exceeds all three trimester TACs for 
that stock combined), an amount equal to the overage shall be deducted 
from the sub-ACL for that stock that is allocated to common pool 
vessels pursuant to Sec.  648.90(a)(4) for the following fishing year.
    (iv) Monitoring requirements. Starting in fishing year 2012 (May 1, 
2012), landings of regulated species or ocean pout by common pool 
vessels shall be monitored at the point of offload by independent, 
third-part service providers approved/certified to provide such 
services by NMFS, as specified in paragraphs (n)(2)(iv)(A) and (B) of 
this section. These service providers shall deploy dockside monitors to 
monitor the offload of catch directly to a dealer and roving monitors 
to monitor the offload of catch onto a truck for subsequent shipment to 
a dealer. The costs associated with monitoring vessel offloads shall be 
the responsibility of individual vessels and an individual vessel may 
only use one dockside monitoring service provider per fishing year. 
Both common pool vessels and service providers providing offloading 
monitoring services will be subject to the requirements specified in 
Sec.  648.87(b)(5).
    (A) Coverage levels. At least 20 percent of the trips taken by 
vessels operating under the provisions of the common pool shall be 
monitored. To ensure that this level of coverage is achieved, if a trip 
has been selected to be observed by a dockside/roving monitor, all 
offloading events associated with that trip must be monitored by a 
dockside/roving monitor, as specified in paragraph (n)(2) of this 
section. For example, a vessel offloading at more than one dealer or 
facility must have a dockside/roving monitor present during offload at 
each location. All landing events at remote ports that are selected to 
be observed by a dockside/roving monitor will be required to have a 
roving monitor present to witness offload activities to the truck, as 
well as a dockside monitor present at each dealer to certify weigh-out 
of all landings. Any service provider providing dockside/monitoring 
services required under this paragraph (n)(2)(iv) must ensure that 
coverage is randomly distributed among all such trips and that the 
landing events monitored are representative of fishing operations by 
common pool vessels throughout the fishing year, unless otherwise 
directed.
    (B) Dockside/roving monitor service provider standards. For fishing 
year 2012 and beyond, a common pool vessel must employ a service 
provider approved/certified by NMFS to provide dockside/roving monitor 
services, as identified by the Regional Administrator. To be approved/
certified to provide the services specified in

[[Page 69438]]

paragraph (n)(2) of this section, dockside/roving monitor service 
providers must meet the standards listed in Sec.  648.87(b)(4).
    (v) Adjustments to trimester TACs. The distribution of trimester 
TACs specified in paragraph (n)(2)(i) of this section may be revised 
pursuant to the biennial adjustment or framework process specified in 
Sec.  648.90(a)(2) and shall use the distribution of landings of the 
most recent 5-year period available.
    (vi) Trip limit adjustment. When 60 percent of the northern or 
southern windowpane flounder, ocean pout, or Atlantic halibut sub-ACLs 
specified for common pool vessels pursuant to Sec.  
648.90(a)(4)(iii)(E)(2) is projected to be caught, the Regional 
Administrator may specify a possession limit for these stocks that is 
calculated to prevent the yearly sub-ACL from being exceeded prior to 
the end of the fishing year.
    12. In Sec.  648.83, revise paragraph (a)(1) to read as follows:


Sec.  648.83  Multispecies minimum fish sizes.

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

             Minimum Fish Sizes (TL) for Commercial Vessels
------------------------------------------------------------------------
                  Species                           Size (inches)
------------------------------------------------------------------------
Cod.......................................  22 (55.9 cm)
Haddock...................................  18 (45.7 cm)
Pollock...................................  19 (48.3 cm)
Witch flounder (gray sole)................  14 (35.6 cm)
Yellowtail flounder.......................  13 (33.0 cm)
American plaice (dab).....................  14 (35.6 cm)
Atlantic halibut..........................  41 (104.1 cm)
Winter flounder (blackback)...............  12 (30.5 cm)
Redfish...................................  9 (22.9 cm)
------------------------------------------------------------------------

* * * * *
    13. In Sec.  648.85:
    a. Revise the introductory text to paragraph (a)(1), (a)(3), 
(a)(3)(iii), (b)(8)(v)(A);
    b. Revise paragraphs (a)(2), (a)(3)(i) and (ii), (a)(3)(iv) and 
(v), (a)(3)(vii), (b)(3) through (5), (b)(6)(iv)(D) through (F), 
(b)(6)(iv)(H) and (I), (b)(6)(iv)(J)(1), (b)(6)(v), (b)(7), (b)(8)(i), 
(b)(8)(v)(A)(2) through (4), (b)(8)(v)(B), (b)(8)(v)(D), 
(b)(8)(v)(E)(1) and (3), (b)(8)(v)(F), (b)(8)(v)(H) and (I), and (d); 
and
    c. Add paragraphs (b)(6)(iv)(J)(4), (b)(9), and (e) to read as 
follows:


Sec.  648.85  Special management programs.

* * * * *
    (a) * * *
    (1) U.S./Canada Management Areas. A vessel issued a NE multispecies 
permit that meets the requirements of paragraph (a)(3) of this section 
may fish in the U.S./Canada Management Areas described in paragraphs 
(a)(1)(i) and (ii) of this section.
* * * * *
    (2) TAC allocation--(i) Process for establishing TACs. The amount 
of GB cod and haddock TAC that may be harvested from the Eastern U.S./
Canada Area described in paragraph (a)(1)(ii) of this section, and the 
amount of GB yellowtail flounder TAC that may be harvested from the 
Western U.S./Canada Area and the Eastern U.S./Canada Area, as described 
in paragraphs (a)(1)(i) and (ii) of this section, combined, shall be 
determined by the process specified in paragraphs (a)(2)(i)(A) through 
(D) of this section.
    (A) To the extent practicable, by June 30 of each year, the Terms 
of Reference for the U.S./Canada shared resources for GB cod, haddock, 
and yellowtail flounder shall be established by the Steering Committee 
and the Transboundary Management Guidance Committee (TMGC).
    (B) To the extent practicable, by July 31 of each year, a 
Transboundary Resource Assessment Committee (TRAC) joint assessment of 
the U.S./Canada shared resources for GB cod, haddock and yellowtail 
flounder shall occur.
    (C) To the extent practicable, by August 31 of each year, the TMGC 
shall recommend TACs for the U.S./Canada shared resources for GB cod, 
haddock, and yellowtail flounder. Prior to October 31 of each year, the 
Council may refer any or all recommended TACs back to the TMGC and 
request changes to any or all TACs. The TMGC shall consider such 
recommendations and respond to the Council prior to October 31.
    (D) To the extent practicable, by October 31 of each year, the 
Council shall review the TMGC recommended TACs for the U.S. portion of 
the U.S./Canada Management Area resources for GB cod, haddock, and 
yellowtail flounder. Based on the TMGC recommendations, the Council 
shall recommend to the Regional Administrator the U.S. TACs for the 
shared stocks for the subsequent fishing year as a subset of the ACLs 
for these stocks available to the commercial fishery pursuant to Sec.  
648.90(a)(4). NMFS shall review the Council's recommendations and shall 
publish the proposed TACs in the Federal Register and provide a 30-day 
public comment period. NMFS shall make a final determination concerning 
the TACs and publish notification of the approved TACs and responses to 
public comments in the  Federal Register. The Council, at this time, 
may also consider modification of management measures in order to 
ensure compliance with the U.S./Canada Resource Sharing Understanding. 
Any changes to management measures will be modified pursuant to Sec.  
648.90.
    (ii) Adjustments to TACs. Any overages of the GB cod and GB haddock 
TACs specified for either the common pool or individual Sectors, or any 
overages of the GB yellowtail flounder TAC specified for the common 
pool, individual Sectors, or the scallop fishery pursuant to this 
paragraph (a)(2) that occur in a given fishing year will be subtracted 
from the respective TAC in the following fishing year.
    (iii) Distribution of TACs. For stocks managed by the U.S./Canada 
Resource Sharing Understanding, as specified in paragraph (a)(1) of 
this section, the TAC allocation determined pursuant to this paragraph 
(a)(2) shall be distributed between Sectors approved pursuant to Sec.  
648.87(c), common pool vessels, and scallop vessels, as specified in 
Sec.  648.90(a)(4). Approved Sectors will be allocated ACE for Eastern 
GB cod and Eastern GB haddock proportional to the Sector's allocation 
of the overall ACL for these stocks, based upon the fishing histories 
of Sector vessels, as specified in Sec.  648.87(b)(1)(i). Any ACE for 
Eastern GB cod and Eastern GB haddock allocated to an individual Sector 
is considered a subset of the overall GB cod and GB haddock ACE 
allocated to that Sector and may only be harvested from the Eastern 
U.S./Canada Area, while the remaining ACE for GB cod and GB haddock 
available to that Sector may only be harvested outside of the Eastern 
U.S./Canada Area. Any ACE allocated to that sector For example, if a 
Sector is allocated 10 percent of the GB haddock ACL, it will also be 
allocated 10 percent of the Eastern GB haddock TAC for that particular 
fishing year.
    (3) Requirements for vessels in U.S./Canada Management Areas. Any 
common pool or Sector vessel, provided the Sector to which a vessel 
belongs is allocated ACE for stocks caught in the Eastern U.S./Canada 
Area pursuant to paragraph (a)(2)(iii) of this section and Sec.  
648.87(b)(1)(i), may fish in the U.S./Canada Management Areas, provided 
it complies with conditions and restrictions of this section. A vessel 
other than a NE multispecies vessel may

[[Page 69439]]

fish in the U.S./Canada Management Area, subject to the restrictions 
specified in paragraph (a)(3)(iv)(E) of this section and all other 
applicable regulations for such vessels.
    (i) VMS requirement. A NE multispecies vessel fishing in the U.S./
Canada Management Areas described in paragraph (a)(1) of this section 
must have installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec. Sec.  648.9 and 648.10.
    (ii) Declaration. To fish in the U.S./Canada Management Area under 
a NE multispecies DAS or on a Sector trip, a NE multispecies vessel 
must declare through the VMS the specific area within the U.S./Canada 
Management Areas, as described in paragraphs (a)(1)(i) or (ii) of this 
section, or the specific SAP within the U.S./Canada Management Areas, 
as described in paragraph (b) of this section, the vessel will be 
fishing in prior to leaving the dock, in accordance with instructions 
to be provided by the Regional Administrator, and must comply with the 
restrictions and conditions in paragraphs (a)(3)(ii)(A) through (C) of 
this section. Vessels other than NE multispecies vessels are not 
required to declare into the U.S./Canada Management Areas.
    (A) A common pool vessel fishing under a NE multispecies DAS in the 
Eastern U.S./Canada Area may fish both inside and outside of the 
Eastern U.S./Canada Area on the same trip, provided it complies with 
the most restrictive DAS counting requirements specified in Sec.  
648.10(e)(5), trip limits, and reporting requirements for the areas 
fished for the entire trip, and the restrictions specified in 
paragraphs (a)(3)(ii)(A)(1) through (4) of this section. A vessel on a 
Sector trip may fish both inside and outside of the Eastern U.S./Canada 
Area on the same trip, provided it complies with the restrictions 
specified in paragraphs (a)(3)(ii)(A)(1) through (3) of this section. 
When a vessel operator elects to fish both inside and outside of the 
Eastern U.S./Canada Area, all cod, haddock, and yellowtail flounder 
caught on that trip shall count toward the applicable hard TAC 
specified for the U.S./Canada Management Area.
    (1) The vessel operator must notify NMFS via VMS 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, as instructed by the 
Regional Administrator. With the exception of vessels participating in 
the Regular B DAS Program and fishing under a Regular B DAS and vessels 
on a Sector trip that are not fishing under a NE multispecies DAS for 
the purposes of complying with the restrictions of other fisheries, 
once a vessel elects to fish outside of 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)(5)(iii).
    (2) Unless otherwise exempted pursuant to this part, the vessel 
must comply with the reporting requirements of the U.S./Canada 
Management Area specified in Sec.  648.85(a)(3)(v) for the duration of 
the trip.
    (3) [Reserved]
    (4) If a common pool vessel fishing under a NE multispecies DAS 
possesses yellowtail flounder in excess of the trip limits for CC/GOM 
yellowtail flounder or SNE/MA yellowtail flounder, as specified in 
Sec.  648.86(g), the vessel may not fish in either the CC/GOM or SNE/MA 
yellowtail flounder stock area during that trip (i.e., may not fish 
outside of the U.S./Canada Management Area).
    (B) A common pool vessel fishing under a NE multispecies DAS in the 
Western U.S./Canada Area may fish inside and outside the Western U.S./
Canada Area on the same trip, provided it complies with the more 
restrictive regulations applicable to the area fished for the entire 
trip (e.g., the possession restrictions specified in paragraph 
(a)(3)(iv)(C)(4) of this section), and the reporting requirements 
specified in Sec.  648.85(a)(3)(v). A vessel on a Sector trip in the 
Western U.S./Canada Area may fish inside and outside the Western U.S./
Canada Area on the same trip, provided it complies with the more 
restrictive reporting requirements specified in Sec.  648.85(a)(3)(v), 
unless otherwise exempted pursuant to this part.
    (C) For the purposes of selecting vessels for observer deployment, 
a vessel fishing in either of the U.S./Canada Management Areas 
specified in paragraph (a)(1) of this section must provide notice to 
NMFS of the vessel name; contact name for coordination of observer 
deployment; telephone number for contact; and the date, time, and port 
of departure, at least 48 hr prior to the beginning of any trip that it 
declares into the U.S./Canada Management Area as required under this 
paragraph (a)(3)(ii).
    (iii) Gear requirements. A NE multispecies vessel fishing with 
trawl gear in the Eastern U.S./Canada Area defined in paragraph 
(a)(1)(ii) of this section, unless otherwise provided in paragraphs 
(b)(6) and (8) of this section, must fish with a Ruhle trawl, as 
described in paragraph (b)(6)(iv)(J)(1) of this section, or a haddock 
separator trawl, or a flounder trawl net, as described in paragraphs 
(a)(3)(iii)(A) and (B) of this section (all three nets may be onboard 
the fishing vessel simultaneously). Unless otherwise restricted by 
Sec.  648.80(n), gear other than the Ruhle trawl, haddock separator 
trawl, or the flounder trawl net, or gear authorized under paragraphs 
(b)(6) and (8) of this section, may be on board the vessel during a 
trip to the Eastern U.S./Canada Area, provided the gear is stowed 
according to the regulations in Sec.  648.23(b). The description of the 
haddock separator trawl and the flounder trawl net, and the description 
of the Ruhle trawl may be further specified by the Regional 
Administrator through publication of such specifications in the Federal 
Register, in a manner consistent with the Administrative Procedure Act.
* * * * *
    (iv) Harvest controls. Unless otherwise specified in this paragraph 
(a)(3)(iv), any NE multispecies vessel fishing in the U.S./Canada 
Management Areas is subject to the following restrictions. For common 
pool vessels, the trip limits specified in this paragraph (a)(3)(iv) 
are in addition to any other possession or landing limits applicable to 
vessels not fishing in the U.S./Canada Management Areas. A Sector 
vessel is subject to the trip limits specified in Sec.  
648.87(b)(1)(ix).
    (A) Cod landing limit restrictions. Notwithstanding other 
applicable possession and landing restrictions under this part, a 
common pool vessel fishing in the Eastern U.S./Canada Area described in 
paragraph (a)(1)(ii) of this section may not land more than 500 lb 
(226.8 kg) of cod per DAS, or any part of a DAS, up to 5,000 lb (2,268 
kg) per trip. A vessel fishing in the Eastern U.S./Canada Area may be 
further restricted by participation in other Special Management 
Programs, as required under this section.
    (1) Initial cod landing limit. Unless modified pursuant to 
paragraph (a)(3)(iv)(D) of this section, notwithstanding other 
applicable possession and landing restrictions under this part, a 
common pool vessel fishing in the Eastern U.S./Canada Area described in 
paragraph (a)(1)(ii) of this section may not land more than 500 lb 
(226.8 kg) of cod per DAS, or any part of a DAS, up to 5,000 lb (2,268 
kg) per trip. A vessel fishing in the Eastern U.S./Canada Area may be 
further restricted by participation in other

[[Page 69440]]

Special Management Programs, as required under this section.
    (2) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for cod specified in paragraph (a)(2) of this section will 
be harvested, NMFS shall, in a manner consistent with the 
Administrative Procedure Act, close the Eastern U.S./Canada Area to NE 
multispecies DAS vessels as specified in paragraph (a)(3)(iv)(E) of 
this section, and prohibit all vessels from harvesting, possessing, or 
landing haddock in or from the Eastern U.S./Canada Area.
    (B) Haddock landing limit--(1) Initial haddock landing limit. The 
initial haddock landing limit for common pool vessels is specified in 
Sec.  648.86(a), unless adjusted pursuant to paragraphs 
(a)(3)(iv)(B)(2) and (3) of this section.
    (2) Implementation of haddock landing limit for Eastern U.S./Canada 
Area. When the Regional Administrator projects that 70 percent of the 
haddock TAC allocation specified for common pool vessels, as described 
in paragraph (a)(2) of this section, will be harvested, NMFS shall 
implement, in a manner consistent with the Administrative Procedure 
Act, a haddock trip limit for common pool vessels fishing in the 
Eastern U.S./Canada Area of 1,500 lb (680.4 kg) per day, and 15,000 lb 
(6,804.1 kg) per trip.
    (3) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for haddock distributed to either common pool vessels or a 
particular Sector, as specified in paragraph (a)(2) of this section, 
will be harvested, NMFS shall, in a manner consistent with the 
Administrative Procedure Act, close the Eastern U.S./Canada Area to all 
limited access NE multispecies vessels subject to that particular TAC 
allocation, as specified in paragraph (a)(3)(iv)(E) of this section, 
and prohibit such vessels and all other vessels not issued a limited 
access NE multispecies permit from harvesting, possessing, or landing 
haddock in or from the Eastern U.S./Canada Area.
    (C) Yellowtail flounder landing limit--(1) Initial yellowtail 
flounder landing limit. Unless further restricted under paragraphs 
(a)(3)(iv)(C)(2) or (D) of this section (gear performance incentives), 
or modified pursuant to paragraph (a)(3)(iv)(D) of this section, there 
is no initial limit to the amount of yellowtail flounder that could be 
landed for each fishing year.
    (2) Regional Administrator authority to adjust the yellowtail 
flounder landing limit mid-season. If, based upon available 
information, the Regional Administrator projects that the yellowtail 
flounder catch may exceed the yellowtail flounder TAC for a fishing 
year, the Regional Administrator may implement, adjust, or remove the 
yellowtail flounder landing limit at any time during that fishing year 
in order to prevent yellowtail flounder catch from exceeding the TAC, 
or to facilitate harvesting the TAC, in a manner consistent with the 
Administrative Procedure Act. If, based upon available information, the 
Regional Administrator projects that the yellowtail flounder catch is 
less than 90 percent of the TAC, the Regional Administrator may adjust 
or remove the yellowtail flounder landing limit at any time during the 
fishing year in order to facilitate the harvest of the TAC, in a manner 
consistent with the Administrative Procedure Act. The Regional 
Administrator may specify yellowtail flounder trip limits that apply to 
the entire U.S./Canada Management Area or to only the Western or 
Eastern Area.
    (3) Possession restriction when 100 percent of TAC is harvested. 
When the Regional Administrator projects that 100 percent of the TAC 
allocation for yellowtail flounder distributed to either common pool 
vessels or a particular Sector, as specified in paragraph (a)(2) of 
this section, will be harvested, NMFS shall, in a manner consistent 
with the Administrative Procedure Act, close the Eastern U.S./Canada 
Area to all limited access NE multispecies vessels subject to that 
particular TAC allocation, as specified in paragraph (a)(3)(iv)(E) of 
this section, and prohibit such vessels and all other vessels not 
issued a limited access NE multispecies permit from harvesting, 
possessing, or landing yellowtail flounder from the U.S./Canada 
Management Area.
    (4) Yellowtail flounder landing limit for vessels fishing both 
inside and outside the Western U.S./Canada Area on the same trip. A 
vessel fishing both inside and outside of the Western U.S./Canada Area 
on the same trip, as allowed under paragraph (a)(3)(ii)(B) of this 
section, is subject to the most restrictive landing limits that apply 
to any of the areas fished, for the entire trip.
    (D) Other restrictions or inseason adjustments. In addition to the 
possession restrictions specified in paragraph (a)(3)(iv) of this 
section, the Regional Administrator, in a manner consistent with the 
Administrative Procedure Act, may modify the gear requirements, modify 
or close access to the U.S./Canada Management Areas, or modify the 
total number of trips into the U.S./Canada Management Area, to prevent 
over-harvesting or to facilitate achieving the TAC specified in 
paragraph (a)(2) of this section. Such adjustments may be made at any 
time during the fishing year, or prior to the start of the fishing 
year. If necessary to give priority to using Category A DAS versus 
using Category B DAS, the Regional Administrator may implement 
different management measures for vessels using Category A DAS than for 
vessels using Category B DAS. If the Regional Administrator, under this 
authority, requires use of a particular gear type in order to reduce 
catches of stocks of concern, unless further restricted elsewhere in 
this part, the following gear performance incentives will apply: 
Possession of flounders (all species combined), monkfish, and skates is 
limited to 500 lb (226.8 kg) (whole weight) each (i.e., no more than 
500 lb (226.8 kg) of all flounders, no more than 500 lb (226.8 kg) of 
monkfish, and no more than 500 lb (226.8 kg) of skates), and possession 
of lobsters is prohibited.
    (E) Closure of Eastern U.S./Canada Area. Based upon available 
information, when the Regional Administrator projects that any 
individual TAC allocation specified in paragraph (a)(2)(iii) of this 
section will be caught, NMFS shall close, in a manner consistent with 
the Administrative Procedure Act, the Eastern U.S./Canada Area to all 
vessels subject to that particular TAC allocation, unless otherwise 
allowed under this paragraph (a)(3)(iv)(E). For example, if the Eastern 
GB cod TAC specified for common pool vessels is projected to be caught, 
NMFS shall close the Eastern U.S./Canada Area to all common pool 
vessels operating under a NE multispecies DAS. Should the Eastern U.S./
Canada Area close as described in this paragraph (a)(3)(iv)(E), common 
pool vessels fishing under a DAS may continue to fish in a SAP within 
the Eastern U.S./Canada Area, provided that the TAC for the target 
stock identified for that particular SAP (i.e., haddock for the Eastern 
U.S./Canada Haddock SAP or haddock or yellowtail flounder for the CA II 
Yellowtail Flounder/Haddock SAP) has not been fully harvested. A vessel 
fishing on a Sector trip may only fish in a SAP if that vessel's Sector 
has ACE available for all stocks caught in that SAP. For example, 
should the GB cod TAC allocation specified for common pool vessels in 
paragraph (a)(2)(iii) of this section be attained, and the Eastern 
U.S./Canada Area closure implemented for common pool vessels, common 
pool vessels could continue to fish for yellowtail flounder within the 
SAP

[[Page 69441]]

identified as the Closed Area II Yellowtail Flounder/Haddock SAP, 
described in paragraph (b)(3) of this section, in accordance with the 
requirements of that program. Upon closure of the Eastern U.S./Canada 
Area, vessels may transit through this area as described in paragraph 
(a)(1)(ii) of this section, provided that its gear is stowed in 
accordance with the provisions of Sec.  648.23(b), unless otherwise 
restricted under this part.
    (v) Reporting. The owner or operator of a common pool vessel must 
submit reports via VMS, in accordance with instructions provided by the 
Regional Administrator, for each day of the fishing trip when declared 
into either of the U.S./Canada Management Areas. A vessel fishing on a 
Sector trip is subject to the reporting requirements specified in this 
paragraph (a)(3)(v) unless the Regional Administrator determines that 
weekly Sector catch reports, as required by Sec.  648.87(b)(1)(v), are 
sufficient to monitor Sector catch within the U.S./Canada Management 
Areas, and the Regional Administrator makes that determination in a 
manner consistent with the Administrative Procedure Act. Vessels 
subject to this reporting requirement must continue to report daily, 
even after exiting the U.S./Canada Management Area. The reports must be 
submitted in 24-hr intervals for each day, beginning at 0000 hr and 
ending at 2359 hr, and must be submitted by 0900 hr of the following 
day, or as instructed by the Regional Administrator. The reports must 
include at least the following information:
    (A) VTR serial number or other universal ID specified by the 
Regional Administrator;
    (B) Date fish were caught; and
    (C) Total pounds of cod, haddock, yellowtail flounder, winter 
flounder, witch flounder, pollock, American plaice, redfish, Atlantic 
halibut, ocean pout, Atlantic wolffish, and white hake kept (in pounds, 
live weight) in each broad stock area, specified in Sec.  648.10(k)(3), 
as instructed by the Regional Administrator.
* * * * *
    (vii) Transiting. A NE multispecies vessel that has declared into 
the Eastern U.S./Canada Area, as defined in paragraph (a)(1)(ii) of 
this section, and that is not fishing in the CA II Yellowtail Flounder/
Haddock SAP described in paragraph (b)(3) of this section, may transit 
the CA II Yellowtail Flounder/Haddock SAP Area, as described in 
paragraph (b)(3)(ii) of this section, provided all fishing gear is 
stowed in accordance with the regulations in Sec.  648.23(b).
* * * * *
    (b) * * *
    (3) Closed Area II Yellowtail Flounder/Haddock SAP--(i) 
Eligibility. Any vessel issued a valid limited access NE multispecies 
permit fishing under a NE multispecies DAS or on a Sector trip, 
provided the Sector to which the vessel belongs has been allocated ACE 
for all stocks that may be caught within the Eastern U.S./Canada Area 
pursuant to Sec.  648.87(b)(1)(i), are eligible to participate in the 
Closed Area II Yellowtail Flounder/Haddock SAP, and may fish in the 
Closed Area II Yellowtail Flounder/Haddock Access Area, as described in 
paragraph (b)(3)(ii) of this section, for the period specified in 
paragraph (b)(3)(iii) of this section, provided the Eastern U.S./Canada 
Area, as described in paragraph (a)(1)(ii) of this section, is not 
closed according to the provisions specified in paragraph (a)(3)(iv)(E) 
of this section, or that the Sector to which a vessel belongs no longer 
has ACE available for all stocks caught within the Eastern U.S./Canada 
Area pursuant to Sec.  648.87(b)(1)(i). All eligible vessels must 
comply with the requirements of this section, unless otherwise 
specified in this paragraph (b)(3).
    (ii) Closed Area II Yellowtail Flounder/Haddock SAP Area. The 
Closed Area II Yellowtail Flounder/Haddock SAP Area is the area defined 
by straight lines connecting the following points in the order stated:

           Closed Area II Yellowtail Flounder/Haddock SAP Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
Ytail 1.........................  41[deg]30'          67[deg]20'
Ytail 2.........................  41[deg]30'          66[deg]34.8'
G5..............................  41[deg]18.6'        66[deg]24.8'1
CII 2...........................  41[deg]00'          66[deg]35.8'
CII 1...........................  41[deg]00'          67[deg]20'
Ytail 1.........................  41[deg]30'          67[deg]20'
------------------------------------------------------------------------

     (iii) Season--(A) Season when the CA II Yellowtail Flounder/
Haddock SAP is open to target yellowtail flounder. When the CA II 
Yellowtail Flounder/Haddock SAP is open to target yellowtail flounder, 
as specified in paragraph (b)(3)(vii) of this section, eligible vessels 
may fish in the Closed Area II Yellowtail Flounder/Haddock SAP from 
July 1 through December 31.
    (B) Season when the CA II Yellowtail Flounder/Haddock SAP is open 
only to target haddock. When the CA II Yellowtail Flounder/Haddock SAP 
is open only to target haddock, as specified in paragraph (b)(3)(vii) 
of this section, eligible vessels may fish in the CA II Yellowtail 
Flounder/Haddock SAP from August 1 through January 31.
    (iv) VMS requirement. All NE multispecies vessels fishing in the 
U.S./Canada Management Areas described in paragraph (a)(1) of this 
section must have installed on board an operational VMS unit that meets 
the minimum performance criteria specified in Sec. Sec.  648.9 and 
648.10.
    (v) Declaration. 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; date, time and port of departure; and special access 
program to be fished, at least 48 hr prior to the beginning of any trip 
that it declares into the SAP as required under this paragraph 
(b)(3)(v). To fish in the Closed Area II Yellowtail Flounder/Haddock 
SAP, a vessel must declare into this area through the VMS prior to 
departure from port, in accordance with instructions provided by the 
Regional Administrator. A vessel declared into the Closed Area II 
Yellowtail Flounder/Haddock SAP may also fish in the area outside the 
Eastern U.S./Canada Area, as defined in paragraph (a)(1)(ii) of this 
section, on the same trip, provided the vessel also declares into this 
area prior to departure from port and fishes under the most restrictive 
DAS counting requirements specified in Sec.  648.10(e)(5), trip limits, 
and reporting requirements for the areas fished during the entire trip.
    (vi) Number of trips per vessel--(A) Number of trips allowed when 
the CA II Yellowtail Flounder/Haddock SAP is open to target yellowtail 
flounder. When the CA II Yellowtail Flounder/Haddock SAP is open to 
target yellowtail flounder, as specified in paragraph (b)(3)(vii) of 
this section, eligible common pool vessels are restricted to one trip 
per calendar month during the season described in paragraph (b)(3)(iii) 
of this section.
    (B) Number of trips allowed when the CA II Yellowtail Flounder/
Haddock SAP is open only to target haddock. When the CA II Yellowtail 
Flounder/Haddock SAP is open only to target haddock, as specified in 
paragraph (b)(3)(vii) of this section, there is no limit on the number 
of trips that can be taken by eligible vessels during the season 
described in paragraph (b)(3)(iii) of this section.
    (vii) Opening criteria--(A) Opening the CA II Yellowtail Flounder/
Haddock SAP to target yellowtail flounder. Unless otherwise authorized 
by the Regional Administrator, as specified in paragraph

[[Page 69442]]

(a)(3)(iv)(D) of this section, the total number of allowed trips by 
common pool vessels that may be declared into the Closed Area II 
Yellowtail Flounder/Haddock SAP for each fishing year shall be as 
announced by the Regional Administrator on or about June 1, after 
consultation with the Council, in a manner consistent with the 
Administrative Procedure Act. Except as provided in paragraph 
(b)(3)(vii)(B) of this section, the total number of trips by all common 
pool vessels that may be declared into this SAP when the SAP is open to 
target yellowtail flounder shall not exceed 320 per year. When 
determining the total number of trips, the Regional Administrator shall 
consider the available yellowtail flounder TAC under the U.S./Canada 
Resource Sharing Understanding, the potential catch of GB yellowtail 
flounder by all vessels fishing outside of the SAP, recent discard 
estimates in all fisheries that catch yellowtail flounder, the expected 
number of SAP participants, and any other available information. If the 
Regional Administrator determines that the available catch, as 
determined by subtracting the potential catch of GB yellowtail flounder 
by all vessels outside of the SAP from the GB yellowtail flounder TAC 
allocation specified in paragraph (a)(2) of this section, is 
insufficient to allow for at least 150 trips with a possession limit of 
15,000 lb (6,804 kg) of yellowtail flounder per trip, the Regional 
Administrator may choose not to authorize any trips into the SAP during 
a fishing year.
    (B) Opening the CA II Yellowtail/Haddock SAP to only target 
haddock. If the CA II Yellowtail Flounder/Haddock SAP is not open to 
targeting yellowtail flounder due to an insufficient amount of 
yellowtail flounder TAC, or because the maximum number of trips allowed 
into the CA II Yellowtail Flounder/Haddock SAP to target yellowtail 
flounder has been achieved pursuant to paragraph (b)(3)(vii)(A) of this 
section, eligible vessels may target haddock in the CA II Yellowtail 
Flounder/Haddock Access Area, as specified in paragraph (b)(3)(ii) of 
this section, provided the Eastern GB haddock TAC specified in 
paragraph (a)(2) of this section has not been caught, the Eastern U.S./
Canada Area is not closed pursuant to paragraph (a)(3)(iv)(D) of this 
section; and, for vessels on a Sector trip, the Sector to which the 
Sector vessel belongs has ACE remaining for the stocks caught in the 
Eastern U.S./Canada Area.
    (viii) Trip limits. Vessels subject to the provisions of the common 
pool that are fishing in the Closed Area II Yellowtail Flounder/Haddock 
SAP are subject to the following trip limits, unless otherwise 
restricted in this part. Vessels subject to the restrictions and 
conditions of an approved Sector operations plan fishing in the Closed 
Area II Yellowtail Flounder/Haddock SAP are subject to the trip limits 
specified in Sec.  648.87(b)(1)(ix).
    (A) Yellowtail flounder trip limit--(1) Trip limits when the CA II 
Yellowtail Flounder/Haddock SAP is open to target yellowtail flounder. 
Unless otherwise authorized by the Regional Administrator as specified 
in paragraph (a)(3)(iv)(D) of this section, when the CA II Yellowtail 
Flounder/Haddock SAP is open to target yellowtail flounder, as 
specified in paragraph (b)(3)(vii) of this section, a vessel subject to 
the provisions of the common pool that is fishing in the CA II 
Yellowtail Flounder/Haddock SAP may fish for, possess, and land up to 
10,000 lb (4,536 kg) of yellowtail flounder per trip. The Regional 
Administrator may adjust this limit to a maximum of 30,000 lb (13,608 
kg) per trip after considering the factors listed in paragraph 
(b)(3)(vii) of this section for the maximum number of trips.
    (2) Trip limits when the CA II Yellowtail Flounder/Haddock SAP is 
open to target haddock. Unless otherwise specified by the Regional 
Administrator pursuant to paragraph (a)(3)(iv)(D) of this section, when 
the CA II Yellowtail Flounder/Haddock SAP is only open to target 
haddock, as specified in paragraph (b)(3)(vii) of this section, the 
trip limit for yellowtail flounder is specified in paragraph 
(b)(3)(viii)(C) of this section.
    (B) Cod and haddock trip limit. Unless otherwise restricted, a 
common pool vessel fishing any portion of a trip in the Closed Area II 
Yellowtail Flounder/Haddock SAP on a NE multispecies DAS may not fish 
for, possess, or land more than 1,000 lb (453.6 kg) of cod per trip, 
regardless of trip length. A common pool vessel fishing on a NE 
multispecies DAS in the Closed Area II Yellowtail Flounder/Haddock SAP 
is subject to the haddock requirements described in Sec.  648.86(a), 
unless further restricted under paragraph (a)(3)(iv) of this section.
    (C) Other species trip limits. A common pool vessel fishing on a NE 
multispecies DAS in the CA II Yellowtail Flounder/Haddock SAP using a 
haddock separator trawl, a Ruhle trawl, or any other gear specified 
pursuant to paragraph (b)(3)(x)(B) must comply with the trip limits 
specified in Sec.  648.86, unless further restricted by the trip limits 
specified in paragraph (e) of this section.
    (ix) Area fished. Eligible vessels that have declared a trip into 
the Closed Area II Yellowtail Flounder/Haddock SAP, and other areas as 
specified in paragraph (b)(3)(v) of this section, may not fish for, 
possess, or land fish in or from outside of the declared area during 
the same trip.
    (x) Gear requirements--(A) Approved gear. When the CA II Yellowtail 
Flounder/Haddock SAP is open to target yellowtail flounder, as 
specified in paragraph (b)(3)(vii) of this section, NE multispecies 
vessels must fish with a haddock separator trawl or a flounder trawl 
net, as described in paragraph (a)(3)(iii) of this section, or the 
Ruhle trawl, as described in paragraph (b)(6)(iv)(J)(3) of this section 
(all three nets may be onboard the fishing vessel simultaneously). When 
this SAP is only open to target haddock, NE multispecies vessels must 
use a haddock separator trawl, a Ruhle trawl, or hook gear. Gear other 
than the haddock separator trawl, the flounder trawl, or the Ruhle 
trawl may be on board the vessel during a trip to the Eastern U.S./
Canada Area outside of the CA II Yellowtail Flounder/Haddock SAP, 
provided the gear is stowed according to the regulations at Sec.  
648.23(b).
    (B) Approval of additional gear. The Regional Administrator may 
authorize additional gear for use in the CA II Yellowtail Flounder/
Haddock SAP in accordance with the standards and requirements specified 
in paragraph (b)(6)(iv)(J)(2) of this section.
    (xi) No-discard provision and DAS flips. A vessel fishing in the CA 
II Yellowtail Flounder/Haddock SAP under a NE multispecies DAS or on a 
Sector trip may not discard legal-sized regulated NE multispecies, 
unless the possession of the species is prohibited pursuant to Sec.  
648.86, or unless otherwise specified in this paragraph (b)(3)(xi). A 
vessel may discard Atlantic halibut exceeding the one fish per trip 
possession limit. If a vessel fishing in the CA II Yellowtail Flounder/
Haddock SAP exceeds an applicable trip limit, the vessel must exit the 
SAP. If a common pool vessel operator fishing in the CA II Yellowtail 
Flounder/Haddock SAP under a Category B DAS harvests and brings on 
board more legal-sized regulated NE multispecies or Atlantic halibut 
than the maximum landing limits allowed per trip, as specified in 
paragraph (b)(3)(iv) or (viii) of this section, or in Sec.  648.86, the 
vessel operator must immediately notify NMFS via VMS to initiate a DAS 
flip (from a Category B DAS to a Category A DAS). Once this 
notification has been received by NMFS, the vessel's entire trip will 
accrue as a Category A DAS trip. For a

[[Page 69443]]

vessel that notifies NMFS of a DAS flip, the Category B DAS that have 
accrued between the time the vessel started accruing Category B DAS 
(i.e., either at the beginning of the trip, or at the time the vessel 
crossed into the Eastern U.S./Canada Area) and the time the vessel 
declared its DAS flip shall be accrued as Category A DAS, and not 
Category B DAS.
    (xii) Minimum Category A DAS. For vessels fishing under a Category 
B DAS, the number of Category B DAS that can be used on a trip cannot 
exceed the number of available Category A DAS the vessel has at the 
start of the trip.
    (xiii) Catch distribution. All catch of GB haddock from vessels 
declared into the CA II Yellowtail Flounder/Haddock SAP shall be 
applied against the Eastern GB haddock TAC, as specified in paragraph 
(a)(2) of this section, for either common pool vessels or individual 
approved Sectors.
    (4) [Reserved]
    (5) Incidental Catch TACs. Unless otherwise specified in this 
paragraph (b)(5), Incidental Catch TACs shall be based upon the portion 
of the ACL for a stock specified for the common pool vessels pursuant 
to Sec.  648.90(a)(4), and allocated as described in this paragraph 
(b)(5), for each of the following stocks: GOM cod, GB cod, GB 
yellowtail flounder, GB winter flounder, CC/GOM yellowtail flounder, 
American plaice, white hake, SNE/MA yellowtail flounder, SNE/MA winter 
flounder, witch flounder, and pollock. Because GB yellowtail flounder 
and GB cod are transboundary stocks, the incidental catch TACs for 
these stocks shall be based upon the portion of the ACL available to 
U.S. vessels. NMFS shall send letters to limited access NE multispecies 
permit holders notifying them of such TACs.
    (i) Stocks other than GB cod, GB yellowtail flounder, GB winter 
flounder, and pollock. With the exception of GB cod, GB yellowtail 
flounder, GB winter flounder, and pollock, 100 percent of the 
Incidental Catch TACs specified in this paragraph (b)(5) shall be 
allocated to the Regular B DAS Program described in paragraph (b)(6) of 
this section.
    (ii) GB cod and pollock. Each of the Incidental Catch TACs for GB 
cod and pollock specified in this paragraph (b)(5) shall be subdivided 
as follows: 50 percent to the Regular B DAS Program described in 
paragraph (b)(6) of this section; 16 percent to the CA I Hook Gear 
Haddock SAP described in paragraph (b)(7) of this section; and 34 
percent to the Eastern U.S./Canada Haddock SAP described in paragraph 
(b)(8) of this section.
    (iii) GB yellowtail flounder and GB winter flounder. Each of the 
Incidental Catch TACs for GB yellowtail flounder and GB winter flounder 
specified in this paragraph (b)(5) shall be subdivided as follows: 50 
percent to the Regular B DAS Program described in paragraph (b)(6) of 
this section and 50 percent to the Eastern U.S./Canada Haddock SAP 
described in paragraph (b)(8) of this section.
    (6) * * *
    (iv) * * *
    (D) Landing limits. Unless otherwise specified in this paragraph 
(b)(6)(iv)(D), or restricted pursuant to Sec.  648.86, a NE 
multispecies vessel fishing in the Regular B DAS Program described in 
this paragraph (b)(6), and fishing under a Regular B DAS, may not land 
more than 100 lb (45.5 kg) per DAS, or any part of a DAS, up to a 
maximum of 1,000 lb (454 kg) per trip, of any of the following species/
stocks from the areas specified in paragraph (b)(6)(v) of this section: 
Cod (both GOM and GB), American plaice, white hake, witch flounder, 
SNE/MA winter flounder, GB winter flounder, GB yellowtail flounder, and 
pollock; and may not land more than 25 lb (11.3 kg) per DAS, or any 
part of a DAS, up to a maximum of 250 lb (113 kg) per trip of CC/GOM or 
SNE/MA yellowtail flounder. In addition, trawl vessels, which are 
required to fish with a haddock separator trawl, as specified in 
paragraph (a)(3)(iii)(A), or a Ruhle trawl, as specified in paragraph 
(b)(6)(iv)(J) of this section, and other gear that may be required in 
order to reduce catches of stocks of concern as described in paragraph 
(b)(6)(iv)(J) of this section, are restricted to the trip limits 
specified in paragraph (e) of this section.
    (E) No-discard provision and DAS flips. A vessel fishing in the 
Regular B DAS Program under a Regular B DAS may not discard legal-sized 
regulated species, ocean pout, or monkfish. This prohibition on 
discarding does not apply in areas or times where the possession or 
landing of regulated species or ocean pout is prohibited, as specified 
in Sec. Sec.  648.85 and 648.86. If such a vessel harvests and brings 
on board legal-sized regulated species or ocean pout in excess of the 
allowable landing limits specified in paragraph (b)(6)(iv)(D) of this 
section or Sec.  648.86, the vessel operator must notify NMFS 
immediately via VMS to initiate a DAS flip from a B DAS to an A DAS. 
Once this notification has been received by NMFS, the vessel shall 
automatically be switched by NMFS to fishing under a Category A DAS for 
its entire fishing trip. Thus, any Category B DAS that accrued between 
the time the vessel declared into the Regular B DAS Program at the 
beginning of the trip (i.e., at the time the vessel crossed the 
demarcation line at the beginning of the trip) and the time the vessel 
declared its DAS flip shall be accrued as Category A DAS, and not 
Regular B DAS. After flipping to a Category A DAS, the vessel is 
subject to the applicable trip limits specified in Sec.  648.85(a) or 
Sec.  648.86 and may discard fish in excess of the applicable trip 
limits.
    (F) Minimum Category A DAS and B DAS accrual. For a vessel fishing 
under the Regular B DAS Program, the number of Regular B DAS that may 
be used on a trip cannot exceed the number of Category A DAS that the 
vessel has at the start of the trip. If a vessel is fishing in an area 
subject to differential DAS counting pursuant to Sec.  648.82(n)(1), 
the number of Regular B DAS that may be used on a trip cannot exceed 
the number of Category A DAS that the vessel has at the start of the 
trip divided by the applicable differential DAS counting factor 
specified in Sec.  648.82(n)(1)(ii). For example, if a vessel plans a 
trip under the Regular B DAS Program in the Inshore GOM Differential 
DAS Area during a fishing year in which the area is subject to a 
differential DAS counting factor of 1.2, and the vessel has 10 Category 
A DAS available at the start of the trip, the maximum number of Regular 
B DAS that the vessel may fish under the Regular B Program is 8 (10 
divided by 1.2 = 8.33, but since Regular B DAS are charged in 24-hr 
intervals, 8 Regular B DAS is the maximum that can be used for this 
trip). A vessel fishing in the Regular B DAS Program for its entire 
trip shall accrue DAS in accordance with Sec.  648.82(e)(1).
* * * * *
    (H) Closure of Regular B DAS Program and quarterly DAS limits. 
Unless otherwise closed as a result of the harvest of an Incidental 
Catch TAC as described in paragraph (b)(6)(iv)(G) of this section, or 
as a result of an action by the Regional Administrator under paragraph 
(b)(6)(vi) of this section, the use of Regular B DAS shall, in a manner 
consistent with the Administrative Procedure Act, be prohibited when 
500 Regular B DAS have been used during the first quarter of the 
fishing year (May-July), or when 1,000 Regular B DAS have been used 
during any of the remaining quarters of the fishing year, in accordance 
with Sec.  648.82(e)(1).
    (I) Reporting requirements. The owner or operator of a NE 
multispecies DAS vessel must submit catch reports via VMS in accordance 
with instructions provided by the Regional Administrator,

[[Page 69444]]

for each day fished when declared into the Regular B DAS Program. The 
reports must be submitted in 24-hr intervals for each day, beginning at 
0000 hr and ending at 2359 hr. The reports must be submitted by 0900 hr 
of the following day. For vessels that have declared into the Regular B 
DAS Program in accordance with paragraph (b)(6)(iv)(C) of this section, 
the reports must include at least the following information: VTR serial 
number or other universal ID specified by the Regional Administrator; 
date fish were caught; and the total pounds of cod, haddock, yellowtail 
flounder, winter flounder, witch flounder, pollock, American plaice, 
redfish, Atlantic halibut, ocean pout, Atlantic wolffish, and white 
hake kept in each broad stock area (in pounds, live weight), specified 
in Sec.  648.10(k)(3), as instructed by the Regional Administrator. 
Daily reporting must continue even if the vessel operator is required 
to flip, as described in paragraph (b)(6)(iv)(E) of this section.
    (J) * * *
    (1) Vessels fishing with trawl gear in the Regular B DAS Program 
must use the haddock separator trawl or Ruhle trawl, as described in 
paragraphs (a)(3)(iii)(A) and (b)(6)(iv)(J)(3) of this section, 
respectively, or other type of gear if approved as described in this 
paragraph (b)(6)(iv)(J). Other gear may be on board the vessel, 
provided it is stowed when the vessel is fishing under the Regular B 
DAS Program pursuant to Sec.  648.23(b).
* * * * *
    (4) Mesh size. An eligible vessel fishing in the Regular B DAS 
Program pursuant to paragraph (b)(6) of this section must use trawl 
gear described in this paragraph (b)(6)(iv)(J) with a minimum codend 
mesh size of 6-inch (15.24-cm) square or diamond mesh.
    (v) Definition of stock areas. The species stock areas associated 
with the incidental catch TACs for the Regular B DAS Program are 
defined in paragraphs (b)(6)(v)(A) through (K) of this section. Where 
specified, these areas also identify stock areas applicable for trip 
limits specified in Sec.  648.86 and for determining areas applicable 
to Sector allocations of ACE pursuant to Sec.  648.87(b). Copies of a 
chart depicting these areas are available from the Regional 
Administrator upon request.
    (A) GOM cod stock area. The GOM cod stock area, for the purposes of 
the Regular B DAS Program, identifying stock areas for trip limits 
specified in Sec.  648.86, and determining areas applicable to Sector 
allocations of ACE pursuant to Sec.  648.87(b), is the area defined by 
straight lines connecting the following points in the order stated:

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

    (B) GB cod stock area. The GB cod stock area, for the purposes of 
the Regular B DAS Program, identifying stock areas for trip limits 
specified in Sec.  648.86, and determining areas applicable to Sector 
allocations of ACE pursuant to Sec.  648.87(b), is the area defined by 
straight lines connecting the following points in the order stated:

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

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

                  CC/GOM Yellowtail Flounder Stock Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
CCGOM1..........................  43[deg]00'          (\1\)
CCGOM2..........................  43[deg]00'          70[deg]00'
CCGOM3..........................  42[deg]30'          70[deg]00'
CCGOM4..........................  42[deg]30'          69[deg]30'
CCGOM5..........................  41[deg]30'          69[deg]30'
CCGOM6..........................  41[deg]30'          69[deg]00'
CCGOM7..........................  41[deg]00'          69[deg]00'
CCGOM8..........................  41[deg]00'          69[deg]30'
CCGOM5..........................  41[deg]30'          69[deg]30'
CCGOM9..........................  41[deg]30'          70[deg]00'
CCGOM10.........................  (\2\)               70[deg]00'
CCGOM11.........................  42[deg]00'          (\3\)
CCGOM12.........................  42[deg]00'          (\4\)
CCGOM13.........................  (\5\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with the NH coastline.
\2\ Intersection of the south-facing shoreline of Cape Cod, MA.
\3\ Intersection with the east-facing shoreline of Cape Cod, MA.
\4\ Intersection with the west-facing shoreline of Cape Cod, MA.
\5\ Intersection with the east-facing shoreline of Massachusetts.

    (D) American plaice stock area. The American plaice stock area, for 
the purposes of the Regular B DAS Program, identifying stock areas for 
trip limits specified in Sec.  648.86, and determining areas applicable 
to Sector allocations of ACE pursuant to Sec.  648.87(b), is the area 
defined by straight lines connecting the following points in the order 
stated:

                       American Plaice Stock Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
AMP1............................  (\1\)               67[deg]00'
AMP2............................  44[deg]20'          67[deg]00'
AMP3............................  44[deg]20'          66[deg]50'
AMP4............................  43[deg]50'          66[deg]50'
AMP5............................  43[deg]50'          67[deg]40'
AMP6............................  42[deg]30'          67[deg]40'
AMP7............................  42[deg]30'          66[deg]00'
AMP8............................  42[deg]10'          66[deg]00'
AMP9............................  42[deg]10'          65[deg]50'
AMP10...........................  42[deg]00'          65[deg]50'
AMP11...........................  42[deg]00'          65[deg]40'
AMP12...........................  40[deg]30'          65[deg]40'
AMP13...........................  39[deg]00'          65[deg]40'
AMP14...........................  39[deg]00'          70[deg]00'
AMP15...........................  35[deg]00'          70[deg]00'
AMP16...........................  35[deg]00'          (\2\)
------------------------------------------------------------------------
\1\ Intersection of south-facing ME coastline and 67[deg]00' W. long.
\2\ Intersection of east-facing coastline of Outer Banks, NC, and
  35[deg]00' N. lat.

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

                  SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
SNEMA1..........................  40[deg]00'          74[deg]00'
SNEMA2..........................  40[deg]00'          72[deg]00'
SNEMA3..........................  40[deg]30'          72[deg]00'
SNEMA4..........................  40[deg]30'          69[deg]30'
SNEMA5..........................  41[deg]30'          69[deg]30'
SNEMA6..........................  41[deg]30'          70[deg]00'
SNEMA7..........................  41[deg]00'          70[deg]00'

[[Page 69445]]

 
SNEMA8..........................  41[deg]00'          70[deg]30'
SNEMA9..........................  41[deg]00'          70[deg]30'
SNEMA10.........................  41[deg]30'          70[deg]30'
SNEMA11.........................  (\1\)               72[deg]00'
SNEMA12.........................  (\2\)               72[deg]00'
SNEMA13.........................  (\3\)               73[deg]00'
SNEMA14.........................  40[deg]30'          73[deg]00'
SNEMA15.........................  40[deg]30'          74[deg]00'
SNEMA16.........................  40[deg]00'          74[deg]00'
------------------------------------------------------------------------
\1\ South-facing shoreline of CT.
\2\ North-facing shoreline of Long Island, NY.
\3\ South-facing shoreline of Long Island, NY.

    (F) SNE/MA winter flounder stock area. The SNE winter flounder 
stock area, for the purposes of the Regular B DAS Program, identifying 
stock areas for trip limits specified in Sec.  648.86, and determining 
areas applicable to Sector allocations of ACE pursuant to Sec.  
648.87(b), is the area defined by straight lines connecting the 
following points in the order stated:

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

    (G) Witch flounder stock area. The witch flounder stock area, for 
the purposes of the Regular B DAS Program, identifying stock areas for 
trip limits specified in Sec.  648.86, and determining areas applicable 
to Sector allocations of ACE pursuant to Sec.  648.87(b), is the area 
defined by straight lines connecting the following points in the order 
stated:

                        Witch Flounder Stock Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
WF1.............................  (\1\)               67[deg]00'
WF2.............................  44[deg]20'          67[deg]00'
WF3.............................  44[deg]20'          66[deg]50'
WF4.............................  43[deg]50'          66[deg]50'
WF5.............................  43[deg]50'          67[deg]40'
WF6.............................  42[deg]20'          67[deg]40'
WF7.............................  42[deg]20'          66[deg]00'
WF8.............................  42[deg]10'          66[deg]00'
WF9.............................  42[deg]10'          65[deg]50'
WF10............................  42[deg]00'          65[deg]50'
WF11............................  42[deg]00'          65[deg]40'
WF12............................  40[deg]30'          65[deg]40'
WF13............................  40[deg]30'          66[deg]40'
WF14............................  39[deg]50'          66[deg]40'
WF15............................  39[deg]50'          70[deg]00'
WF16............................  (\2\)               70[deg]00'
WF17............................  (\3\)               70[deg]00'
WF18............................  (\4\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection of south-facing ME coastline and 67[deg]00' W. long.
\2\ Intersection of south-facing coastline of Nantucket, MA, and
  70[deg]00' W. long.
\3\ Intersection of north-facing coastline of Nantucket, MA, and
  70[deg]00' W. long.
\4\ Intersection of south-facing coastline of Cape Cod, MA, and
  70[deg]00' W. long.

    (H) GB yellowtail flounder stock area. The GB yellowtail flounder 
stock area, for the purposes of the Regular B DAS Program, identifying 
stock areas for trip limits specified in Sec.  648.86, and determining 
areas applicable to Sector allocations of ACE pursuant to Sec.  
648.87(b), is the area defined as the U.S./Canada Management Areas, as 
specified in paragraphs (a)(1)(i) and (ii) of this section.
    (I) GB winter flounder stock area. The GB winter flounder stock 
area, for the purposes of the Regular B DAS Program, identifying stock 
areas for trip limits specified in Sec.  648.86, and determining areas 
applicable to Sector allocations of ACE pursuant to Sec.  648.87(b), is 
the area defined as the U.S./Canada Management Areas, as specified in 
paragraphs (a)(1)(i) and (ii) of this section.
    (J) White hake stock area. The white hake stock area, for the 
purposes of the Regular B DAS Program, identifying stock areas for trip 
limits specified in Sec.  648.86, and determining areas applicable to 
Sector allocations of ACE pursuant to Sec.  648.87(b), is the area 
bounded on the north and west by the coastline of the United States, 
bounded on the south and east by a line running east from the 
intersection of the east-facing coastline of Outer Banks, NC, at 
35[deg]00' N. lat. to the boundary of the EEZ, and running northward to 
the U.S.-Canada border.
    (K) Pollock stock area. The pollock stock area, for the purposes of 
the Regular B DAS Program, identifying stock areas for trip limits 
specified in Sec.  648.86, and determining areas applicable to Sector 
allocations of ACE pursuant to Sec.  648.87(b), is the area bounded on 
the north by the coastline of the United States, bounded on the east by 
the boundary of the EEZ running southward from the U.S.-Canada border 
to its intersection with 39[deg]00' N. lat., bounded on the south by 
39[deg]00' N. lat., and bounded on the west by a line running northward 
along 71[deg]40' W. long. from its intersection with 39[deg]00' N. lat. 
until it intersects with the south-facing shoreline of RI.
* * * * *
    (7) CA I Hook Gear Haddock SAP--(i) Eligibility. A vessel issued a 
valid limited access NE multispecies permit operating under a NE 
multispecies DAS or on a Sector trip, provided the Sector to which the 
vessel belongs has been allocated ACE for all stocks caught within the 
CA I Hook Gear Haddock Access Area pursuant to Sec.  648.87(b)(1)(i), 
is eligible to participate in the CA I Hook Gear Haddock SAP and may 
fish in the CA I Hook Gear Haddock Access Area, as described in 
paragraph (b)(7)(ii) of this section, for the season specified in 
paragraph (b)(7)(iii) of this section, provided any such vessel 
complies with the requirements of this section, the SAP is not closed 
according to the provisions specified in paragraph (b)(7)(iv)(H) or 
(b)(7)(vi)(F) of this section, or the Sector in which the vessel is 
participating no longer has ACE available for all stocks caught within 
the CA I Hook Gear Haddock Access Area pursuant to Sec.  
648.87(b)(1)(i). Copies of a chart depicting this area are available 
from the Regional Administrator upon request.
    (ii) CA I Hook Gear Haddock SAP Area. The CA I Hook Gear Haddock 
SAP Area is the area defined by straight lines connecting the following 
points in the order stated:

                     CA I Hook Gear Haddock SAP Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
Hook 1..........................  41[deg]09'          68[deg]30'
CI4.............................  41[deg]30'          68[deg]30'
CI1.............................  41[deg]30'          69[deg]23'
Hook 2..........................  41[deg]04'          69[deg]01.1'
------------------------------------------------------------------------

    (iii) Season. The season for the CA I Hook Gear Haddock SAP is May 
1 through January 31.
    (iv) General program restrictions. General program restrictions 
specified in this paragraph (b)(7)(iv) apply to all eligible vessels, 
as specified in paragraph (b)(7)(i) of this section. Further program 
restrictions specific to Sector and common pool vessels are specified 
in paragraphs (b)(7)(v) and (vi) of this section, respectively.
    (A) DAS use restrictions. A vessel fishing in the Closed Area I 
Hook Gear Haddock SAP under a NE multispecies

[[Page 69446]]

DAS may not initiate a DAS flip. A vessel is 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.
    (B) VMS requirement. An eligible NE multispecies vessel fishing in 
the CA I Hook Gear Haddock SAP specified in this paragraph (b)(7) must 
have installed on board an operational VMS unit that meets the minimum 
performance criteria specified in Sec. Sec.  648.9 and 648.10.
    (C) Observer notifications. For the purpose 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; and date, time, and port of departure at 
least 48 hr prior to the beginning of any trip that it declares into 
the CA I Hook Gear Haddock SAP, as required in paragraph (b)(7)(iv)(C) 
of this section, and in accordance with instructions provided by the 
Regional Administrator.
    (D) VMS declaration. To fish in the CA I Hook Gear Haddock SAP 
Prior to departure from port, a vessel must declare into the SAP via 
VMS, and, for a vessel fishing under a NE multispecies DAS, indicate 
the type of DAS that it intends to fish, prior to departure from port, 
as instructed by the Regional Administrator. A vessel declared into the 
CA I Hook Gear Haddock SAP may fish only in the CA I Hook Gear Haddock 
Special Access Area described in paragraph (b)(7)(ii) of this section 
on a declared trip.
    (E) Gear restrictions. A vessel declared into and fishing in the CA 
I Hook Gear Haddock SAP may fish with and possess on board demersal 
longline gear or tub trawl gear only, unless further restricted as 
specified in paragraph (b)(7)(v)(A) of this section. Such vessels are 
prohibited from using as bait, or possessing on board, squid or 
mackerel during a trip into the CA I Hook Gear Haddock SAP.
    (F) Haddock TAC. The maximum total amount of haddock that may be 
caught (landings and discards) in the CA I Hook Gear Haddock SAP Area 
in any fishing year is based upon the size of the TAC allocated for the 
2004 fishing year (1,130 mt live weight), adjusted according to the 
growth or decline of the western GB (WGB) haddock exploitable biomass 
(in relationship to its size in 2004), according to the following 
formula: Biomass YEAR X= (1,130 mt live weight) x (Projected WGB 
Haddock Exploitable Biomass YEAR X/WGB Haddock Exploitable Biomass 
2004). The size of the western component of the stock is considered to 
be 35 percent of the total stock size, unless modified by a stock 
assessment. The Regional Administrator shall specify the haddock TAC 
for the SAP, in a manner consistent with the Administrative Procedure 
Act.
    (G) Trip restrictions. A vessel is prohibited from deploying 
fishing gear outside of the CA I Hook Gear Haddock SAP Area on the same 
fishing trip on which it is declared into the CA I Hook Gear Haddock 
SAP. A vessel operating under a NE multispecies DAS must end the trip 
if the vessel exceeds the applicable landing limits described in 
paragraphs (b)(7)(v)(B) and (b)(7)(vi)(C) of this section.
    (H) Landing limits. For all vessels legally declared into the CA I 
Hook Gear Haddock SAP described in paragraph (b)(7)(i) of this section, 
landing limits for NE multispecies are specified in paragraphs 
(b)(7)(v)(B) and (b)(7)(vi)(C) of this section, respectively. Unless 
otherwise specified in this part, such vessels are prohibited from 
discarding legal-sized regulated species and ocean pout, and must exit 
the SAP and cease fishing if any trip limit is achieved or exceeded.
    (I) Mandatory closure of CA I Hook Gear Haddock Access Area. When 
the Regional Administrator determines that the haddock TAC specified in 
paragraph (b)(7)(iv)(F) of this section has been caught, NMFS shall 
close, in a manner consistent with the Administrative Procedure Act, 
the CA I Hook Gear Haddock SAP Area as specified in paragraph 
(b)(7)(ii) of this section, to all eligible vessels, including both 
common pool and Sector vessels.
    (v) Sector vessel program restrictions. In addition to the general 
program restrictions specified in paragraph (b)(7)(iv) of this section, 
a Sector vessel declared into the CA I Hook Gear Haddock SAP is also 
required to comply with the restrictions specified in this paragraph 
(b)(7)(v).
    (A) Gear restrictions. A Sector vessel is subject to the gear 
requirements of the Sector Operations Plan as approved under Sec.  
648.87(c) and those specified under paragraph (b)(7)(iv)(E) of this 
section.
    (B) Landing limits. A Sector vessel declared into the CA I Hook 
Gear Haddock SAP described in paragraph (b)(7)(i) of this section is 
subject to the landing limits for regulated species in effect under the 
Sector's Operations Plan, as approved under Sec.  648.87(c).
    (C) Reporting requirements. The owner or operator of a Sector 
vessel declared into the CA I Hook Gear Haddock SAP must submit reports 
to the Sector Manager, consistent with instructions to be provided by 
the Sector Manager, for each day fished in the CA I Hook Gear Haddock 
SAP Area. The Sector Manager shall provide daily reports to NMFS, 
including at least the following information: Total pounds of haddock, 
cod, yellowtail flounder, winter flounder, witch flounder, pollock, 
ocean pout, Atlantic halibut, Atlantic wolffish, and white hake kept; 
total pounds of haddock, cod, yellowtail flounder, winter flounder, 
witch flounder, pollock, ocean pout, Atlantic halibut, Atlantic 
wolffish, and white hake discarded; date fish were caught; and VTR 
serial numbers for each trip declared into the CA I Hook Gear Haddock 
SAP, as instructed by the Regional Administrator. Daily reporting must 
continue even if the vessel operator is required to exit the SAP as 
required under paragraph (b)(7)(iv)(G) or (H) of this section.
    (D) Incidental catch TACs. There are no incidental catch TACs 
specified for regulated species or ocean pout for Sector vessels 
declared into the CA I Hook Gear Haddock SAP. All regulated species or 
ocean pout caught by Sector vessels fishing in the SAP count toward the 
Sector's annual ACE for each stock, as specified in Sec.  
648.87(b)(1)(i).
    (vi) Common pool vessel program restrictions. In addition to the 
general program restrictions specified in paragraph (b)(7)(iv) of this 
section, a common pool vessel declared into the CA I Hook Gear Haddock 
SAP is also required to comply with the restrictions specified in this 
paragraph (b)(7)(vi).
    (A) DAS use restrictions. A common pool vessel may only use Regular 
B or Reserve B DAS, in accordance with Sec.  648.82(d)(2)(i)(A) and 
(d)(2)(ii)(A). A common pool vessel is prohibited from using Category A 
DAS and may not initiate a DAS flip when declared into the SAP. A 
common pool vessel is prohibited from fishing in the CA I Hook Gear 
Haddock SAP while making a trip under the Regular B DAS Program 
described under paragraph (b)(6) of this section. DAS will be charged 
as described in Sec.  648.10.
    (B) Gear restrictions. A common pool vessel is exempt from the 
maximum number of hooks restriction specified in Sec.  648.80(a)(4)(v), 
but must comply with the gear restrictions in paragraph (b)(7)(iv)(E) 
of this section.
    (C) Landing limits. A common pool vessel may not land, fish for, or 
possess on board more than 1,000 lb (453.6 kg) of cod per trip. A 
common pool vessel is not permitted to discard legal-sized cod prior to 
reaching the landing limit, and is required to end its trip if the cod 
trip limit is achieved or exceeded.
    (D) Reporting requirements. The owner or operator of a common pool

[[Page 69447]]

vessel must submit reports via VMS, in accordance with instructions to 
be provided by the Regional Administrator, for each day fished in the 
Closed Area I Hook Gear Haddock SAP Area. The reports must be submitted 
in 24-hr intervals for each day fished, beginning at 0000 hr local time 
and ending at 2359 hr local time. The reports must be submitted by 0900 
hr local time of the day following fishing. The reports must include at 
least the following information: VTR serial number or other universal 
ID specified by the Regional Administrator; date fish were caught; and 
the total pounds of cod, haddock, yellowtail flounder, winter flounder, 
witch flounder, pollock, American plaice, redfish, ocean pout, Atlantic 
halibut, Atlantic wolffish, and white hake kept in each broad stock 
area (in pounds, live weight), specified in Sec.  648.10(k)(3), as 
instructed by the Regional Administrator. Daily reporting must continue 
even if the vessel operator is required to exit the SAP as required 
under paragraph (b)(7)(iv)(G) of this section.
    (E) Incidental catch TACs. The maximum amount of GB cod and pollock 
(landings and discards) that may be cumulatively caught by a common 
pool vessel from the CA I Hook Gear Haddock SAP Area in a fishing year 
is the amount specified in paragraph (b)(5)(ii) of this section.
    (F) Mandatory closure of CA I Hook Gear Haddock Access Area due to 
catch of any incidental catch TAC. When the Regional Administrator 
determines that either the GB cod or pollock incidental catch TAC 
specified in paragraph (b)(7)(vi)(E) of this section has been caught, 
the CA I Hook Gear Haddock SAP Area shall be closed to all common pool 
vessels in a manner consistent with the Administrative Procedure Act.
    (8) * * *
    (i) Eligibility. A vessel issued a valid limited access NE 
multispecies permit and fishing with trawl gear as specified in 
paragraph (b)(8)(v)(E) of this section while operating under a NE 
multispecies DAS or on a Sector trip, provided the Sector to which the 
vessel belongs has been allocated ACE for all stocks caught within the 
Eastern U.S./Canada Area pursuant to Sec.  648.87(b)(1)(i), is eligible 
to participate in the Eastern U.S./Canada Haddock SAP and may fish in 
the Eastern U.S./Canada Haddock SAP Area, as described in paragraph 
(b)(8)(ii) of this section, during the season specified in paragraph 
(b)(8)(iv) of this section, provided such vessel complies with the 
requirements of this section and provided the SAP is not closed 
according to the provisions specified in paragraph (b)(8)(v)(K) or (L) 
of this section, the Eastern U.S./Canada Area is not closed as 
described under paragraph (a)(3)(iv)(E) of this section, or the Sector 
to which the vessel belongs no longer has ACE available for all stocks 
caught within the Eastern U.S./Canada Area pursuant to Sec.  
648.87(b)(1)(i).
* * * * *
    (v) * * *
    (A) Area and DAS use restrictions. A common pool vessel fishing 
under a NE multispecies DAS in the Eastern U.S./Canada Haddock SAP may 
elect to fish under a Category A or Category B DAS in accordance with 
Sec.  648.82(d)(2), or in multiple areas in accordance with the 
restrictions of this paragraph (b)(8)(v)(A). A vessel on a Sector trip 
in the Eastern U.S./Canada Haddock SAP may elect to fish in multiple 
areas in accordance with the restrictions of this paragraph 
(b)(8)(v)(A).
* * * * *
    (2) A vessel that is declared into the Eastern U.S./Canada Haddock 
SAP described in paragraph (b)(8)(i) of this section may fish, on the 
same trip, in the Eastern U.S./Canada Haddock SAP Area and in the 
Closed Area II Yellowtail Flounder/Haddock SAP Area, as described in 
paragraph (b)(3)(ii) of this section, and, for common pool vessels 
fishing a NE multispecies DAS, while under either a Category A DAS or a 
Category B DAS.
    (3) A vessel may choose, on the same trip, to fish in either/both 
the Eastern U.S./Canada Haddock SAP Program and the Closed Area II 
Yellowtail Flounder/Haddock SAP Area, and in the portion of the Eastern 
U.S./Canada Area described in paragraph (a)(1)(ii) of this section that 
lies outside of these two SAPs, provided a common pool vessel fishes 
under a Category A DAS and all eligible vessels comply with the VMS 
restrictions of paragraph (b)(8)(v)(D) of this section. Such a vessel 
may also elect to fish outside of the Eastern U.S./Canada Area on the 
same trip, in accordance with the restrictions of paragraph 
(a)(3)(ii)(A) of this section.
    (4) A common pool vessel fishing under a NE multispecies DAS that 
elects to fish in multiple areas, as described in this paragraph 
(b)(8)(v)(A), must fish under the most restrictive DAS counting 
requirements specified in Sec.  648.10(e)(5), trip limits, and 
reporting requirements of the areas fished for the entire trip. A 
vessel on a Sector trip that elects to fish in multiple areas, as 
described in this paragraph (b)(8)(v)(A), must comply with the most 
restrictive reporting requirements of the areas fished for the entire 
trip, unless otherwise specified by the Regional Administrator in a 
manner consistent with the Administrative Procedure Act.
    (B) VMS requirement. A vessel issued a limited access NE 
multispecies permit fishing in the Eastern U.S./Canada Haddock SAP 
Program specified in paragraph (b)(8)(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.
* * * * *
    (D) VMS declaration. To fish in the Eastern U.S./Canada Haddock 
SAP, a vessel issued a limited access NE multispecies permit must 
declare into the SAP via VMS and provide information on the areas 
within the Eastern U.S./Canada Area that it intends to fish and the 
type of DAS (Category A, Regular B, or Reserve B) that it intends to 
fish, if operating under the provisions of the common pool, prior to 
departure from port, in accordance with paragraph (b)(8)(v)(A) of this 
section and any instructions provided by the Regional Administrator.
    (E) * * *
    (1) A vessel issued a limited access NE multispecies permit fishing 
in the Eastern U.S./Canada Haddock SAP must use the haddock separator 
trawl or the Ruhle Trawl, as described in paragraphs (a)(3)(iii)(A) and 
(b)(6)(iv)(J)(3) of this section, respectively, or another type of 
gear, if approved as described in this paragraph (b)(8)(v)(E). Other 
gear may be on board the vessel when on a trip in the Eastern U.S./
Canada Haddock SAP, provided that the gear is stowed in accordance with 
Sec.  648.23(b).
* * * * *
    (3) Mesh size. A vessel eligible to fish in the Eastern U.S./Canada 
Haddock SAP pursuant to paragraph (b)(8) of this section must use trawl 
gear described in this paragraph (b)(8)(v)(E) with a minimum codend 
mesh size of 6-inch (15.24-cm) square or diamond mesh.
    (F) Landing limits. Unless otherwise restricted under this part, a 
vessel fishing any portion of a trip in the Eastern U.S./Canada Haddock 
SAP under a NE multispecies DAS may not fish for, possess, or land more 
than 1,000 lb (453.6 kg) of cod, per trip, regardless of trip length. A 
common pool vessel fishing in the Eastern U.S./Canada Haddock SAP under 
a NE multispecies DAS is subject to the haddock requirements described 
in Sec.  648.86(a), unless further restricted under paragraph 
(a)(3)(iv) of this section. A common pool vessel fishing in the Eastern 
U.S./Canada Haddock SAP may not land more than 100 lb (45.5 kg) per 
DAS, or any part of a DAS, of GB yellowtail flounder and 100 lb

[[Page 69448]]

(45.5 kg) of GB winter flounder, up to a maximum of 500 lb (227 kg) of 
all flatfish species, combined. Possession of monkfish (whole weight) 
and skates (whole weight) is limited to 500 lb (227 kg) each, unless 
otherwise restricted by Sec.  648.94(b)(3), and possession of lobsters 
is prohibited.
* * * * *
    (H) Incidental TACs. The maximum amount of GB cod, GB yellowtail 
flounder, GB winter flounder, and pollock, both landings and discards, 
that may be caught when fishing in the Eastern U.S./Canada Haddock SAP 
Program in a fishing year by vessels fishing under a Category B DAS, as 
authorized in paragraph (b)(8)(v)(A), is the amount specified in 
paragraphs (b)(5)(ii) and (iii) of this section. All regulated species 
and ocean pout caught by a vessel on a Sector trip will be applied 
against the ACE for each stock that is specified for the Sector in 
which the vessel participates.
    (I) No discard provision and DAS flips. A vessel fishing in the 
Eastern U.S./Canada Haddock SAP Program may not discard legal-sized 
regulated or ocean pout unless otherwise required due to a prohibition 
of the possession of such species specified in this part. If a common 
pool vessel fishing in the Eastern U.S./Canada Haddock SAP under a 
Category B DAS exceeds the applicable maximum landing limit per trip 
specified in paragraph (b)(8)(v)(F) of this section, or in Sec.  
648.86, the vessel operator must retain the fish and immediately notify 
NMFS via VMS to initiate a DAS flip (from a Category B DAS to a 
Category A DAS). After flipping to a Category A DAS, the vessel is 
subject to all applicable landing limits specified in Sec.  648.85(a) 
or Sec.  648.86. If a common pool vessel fishing in this SAP while 
under a Category B DAS or a Category A DAS exceeds a trip limit 
specified in paragraph (b)(8)(v)(F) of this section or Sec.  648.86, or 
other applicable trip limit, the vessel must immediately exit the SAP 
area defined in paragraph (b)(8)(ii) of this section for the remainder 
of the trip. For a common pool vessel that notifies NMFS of a DAS flip, 
the Category B DAS that have accrued between the time the vessel 
started accruing Category B DAS and the time the vessel declared its 
DAS flip will be accrued as Category A DAS pursuant to Sec.  
648.82(e)(1), and not Category B DAS.
* * * * *
    (9) GOM Haddock Sink Gillnet Pilot Program -(i) Eligibility. A 
vessel that has been issued a valid limited access NE multispecies 
permit that has also declared its intent to participate in the GOM 
Haddock Sink Gillnet Pilot Program pursuant to paragraph (b)(9)(v)(B) 
of this section is eligible to participate in the GOM Haddock Sink 
Gillnet Pilot Program, provided any such vessel complies with the 
requirements of this paragraph (b)(9), the pilot program is not closed 
according to the provisions specified in paragraph (b)(9)(viii) of this 
section, and, for vessels on a Sector trip, the Sector to which the 
vessel belongs has been allocated ACE for all stocks caught within the 
GOM Regulated Mesh Area pursuant to Sec.  648.87(b)(1)(i).
    (ii) GOM Haddock Sink Gillnet Pilot Program Area. The GOM Haddock 
Sink Gillnet Pilot Program Area is the area encompassed by the GOM 
Regulated Mesh Area, as defined in Sec.  648.80(a)(1). Copies of a map 
depicting this area are available from the Regional Administrator upon 
request.
    (iii) Gear Restrictions -(A) Mesh size. An eligible vessel 
participating in the GOM Haddock Sink Gillnet Pilot Program may fish 
with and possess on board sink gillnets comprised of 6-inch (15.2-cm) 
mesh.
    (B) Net restriction. A Day gillnet vessel participating in the GOM 
Haddock Sink Gillnet Pilot Program may not fish with, possess, haul, or 
deploy more than 30 sink gillnets. A Trip gillnet vessel is not subject 
to the limit on the number of nets that can be used under the GOM 
Haddock Sink Gillnet Pilot Program. Tie-down gillnets may not be used 
by any vessel participating in the GOM Haddock Sink Gillnet Pilot 
Program.
    (iv) Season. An eligible vessel participating in the GOM Haddock 
Sink Gillnet Pilot Program may fish in the GOM Haddock Sink Gillnet 
Pilot Program from January 1 through April 30.
    (v) Program Restrictions -(A) DAS Use. An eligible vessel 
participating in the GOM Haddock Sink Gillnet Pilot Program must use 
Category A DAS for any fishing trip during the time the vessel is 
participating in this program pursuant to paragraph (b)(9)(v)(B)(1), 
including trips where gear is deployed, but no catch is landed.
    (B) Observer notification -(1) Notice of participation. To be 
eligible to participate in the GOM Haddock Sink Gillnet Pilot Program, 
a vessel must notify the NMFS Observer Program by October 1 of its 
intent to participate in this pilot program and the duration of its 
participation in this program, as instructed by the Regional 
Administrator. Any vessel participating in this program must 
participate for the entire season specified in paragraph (b)(9)(iv) of 
this section. Upon notification of a vessel operator's intent to 
participate in this pilot program pursuant to this paragraph 
(b)(9)(v)(B), the Regional Administrator shall issue a letter of 
authorization to participate in this pilot program to the eligible 
vessel.
    (2) Notice of fishing. 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; and date, time, and port of departure at least 48 
hr prior to the beginning of any trip that it fishes under the 
provisions of the GOM Haddock Sink Gillnet Pilot Program, as specified 
in paragraph (b)(9) of this section, in accordance with instructions 
provided by the Regional Administrator.
    (C) Letter of authorization requirement. A vessel eligible to 
participate in the GOM Haddock Sink Gillnet Pilot Program must retain 
on board the letter of authorization issued by the Regional 
Administrator pursuant to paragraph (b)(9)(v)(B) of this section for 
the duration of the period specified in paragraph (b)(9)(v)(B) of this 
section.
    (vi) Reporting requirements. There are no additional reporting 
requirements for vessels participating in this pilot program.
    (vii) Duration of GOM Haddock Sink Gillnet Pilot Program. This 
program is in effect from May 1, 2010, through April 30, 2013.
    (viii) Closure of the GOM Haddock Sink Gillnet Pilot Program. The 
Regional Administrator may suspend participation in the GOM Sink 
Gillnet Pilot Program to any or all eligible vessels if the Pilot 
Program is determined to be inconsistent with the goals and objectives 
of the NE Multispecies FMP.
* * * * *
    (d) Incidental catch allowance for some limited access herring 
vessels. The incidental catch allowance for all vessels that have an 
All Areas Limited Access Herring Permit and/or an Areas 2 and 3 Limited 
Access Herring Permit is 0.2 percent of the combined ACLs for GOM 
haddock and GB haddock (U.S. landings only) specified according to 
Sec.  648.90(a)(4) for a particular NE multispecies fishing year.
    (e) Authorized gear performance standards. Unless otherwise 
restricted in this part, in areas and times when a special management 
program, as specified in this section, requires the use of gear 
authorized by that program to reduce catches of stocks of concern, 
participating vessels are restricted to the following trip limits: 500 
lb (227 kg) of all flatfish species (American plaice,

[[Page 69449]]

witch flounder, winter flounder, windowpane flounder, and GB yellowtail 
flounder), combined; 500 lb (227 kg) of monkfish (whole weight); 500 lb 
(227 kg) of skates (whole weight); and zero possession of lobsters, 
unless otherwise restricted by Sec.  648.94(b)(3).
    14. In Sec.  648.86, revise the introductory text to this section; 
revise paragraphs (a)(1), (a)(2)(iii), (b), (e), (g), and (j); and add 
paragraphs (p), and (q) to read as follows:


Sec.  648.86  Multispecies possession restrictions.

    Except as provided in Sec.  648.17 or elsewhere in this part, the 
following possession restrictions apply:
    (a) * * *
    (1) NE multispecies DAS vessels--(i) Implementation and adjustments 
to the haddock trip limit to prevent exceeding the common pool sub-ACL. 
At any time prior to or during the fishing year, if the Regional 
Administrator projects that the haddock sub-ACL allocated to the common 
pool vessels pursuant to Sec.  648.90(a)(4) will be exceeded in that 
fishing year, NMFS may implement or adjust, in a manner consistent with 
the Administrative Procedure Act, a per DAS possession limit and/or a 
maximum trip limit in order to prevent exceeding the haddock sub-ACL 
allocated to the common pool in that fishing year.
    (ii) Implementation and adjustments to the haddock trip limit to 
facilitate harvest of the haddock sub-ACL allocated to the common pool. 
At any time prior to or during the fishing year, if the Regional 
Administrator projects that less than 75 percent of the haddock sub-ACL 
allocated to the common pool pursuant to Sec.  648.90(a)(4) for that 
fishing year will be harvested, NMFS may remove or adjust, in a manner 
consistent with the Administrative Procedure Act, a per DAS possession 
limit and/or a maximum trip limit in order to facilitate a haddock 
harvest and enable the total catch to approach, but not exceed, the 
haddock sub-ACL allocated to the common pool for that fishing year.
    (2) * * *
    (iii) Unless otherwise authorized by the Regional Administrator as 
specified in paragraph (f) of this section, scallop dredge vessels or 
persons owning or operating a scallop dredge vessel that is fishing 
under a scallop DAS allocated under Sec.  648.53 may land or possess on 
board up to 300 lb (136.1 kg) of haddock, except as specified in Sec.  
648.88(c), provided that the vessel has at least one standard tote on 
board. This restriction does not apply to vessels also issued limited 
access NE multispecies permits that are fishing under a multispecies 
DAS. Haddock on board a vessel subject to this possession limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection.
* * * * *
    (b) Cod --(1) GOM cod landing limit. Except as provided in 
paragraph (b)(4) of this section, or unless otherwise restricted under 
Sec.  648.85, a vessel fishing under a NE multispecies DAS permit, 
including a vessel issued a monkfish limited access permit and fishing 
under the monkfish Category C or D permit provisions, may land up to 
2,000 lb (907.2 kg) of cod for each DAS, or part of a DAS, up to 12,000 
lb (5443.2 kg) per trip. Cod on board a vessel subject to this landing 
limit must be separated from other species of fish and stored so as to 
be readily available for inspection.
    (2) GB cod landing and maximum possession limits. Unless otherwise 
restricted under Sec.  648.85, a vessel fishing under a NE multispecies 
DAS permit, including a vessel issued a monkfish limited access permit 
and fishing under the monkfish Category C or D permit provisions, may 
land up to 2,000 lb (907.2 kg) of cod per DAS, or part of a DAS, up to 
20,000 lb (9,072 kg) provided it complies with the requirements 
specified in paragraph (b)(4) of this section and this paragraph 
(b)(2). Cod on board a vessel subject to this landing limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection.
    (3) [Reserved]
    (4) Exemption. A common pool vessel fishing under a NE multispecies 
DAS is exempt from the landing limit described in paragraph (b)(1) of 
this section when fishing south of the GOM Regulated Mesh Area, defined 
in Sec.  648.80(a)(1), provided that it complies with the requirement 
of this paragraph (b)(4).
    (i) Declaration. With the exception of a vessel declared into the 
U.S./Canada Management Area, as described in Sec.  648.85(a)(3)(ii), a 
common pool vessel that fishes or intends to fish under a NE 
multispecies DAS south of the line described in paragraph (b)(4) of 
this section, under the cod trip limits described in paragraph (b)(2) 
of this section, must, prior to leaving port, declare its intention to 
do so through the VMS, in accordance with instructions to be provided 
by the Regional Administrator. In lieu of a VMS declaration, the 
Regional Administrator may authorize such vessels to obtain a letter of 
authorization. If a letter of authorization is required, such vessel 
may not fish north of the exemption area for a minimum of 7 consecutive 
days (when fishing under the multispecies DAS program), and must carry 
the letter of authorization on board.
    (ii) A common pool vessel exempt from the GOM cod landing limit 
pursuant to paragraph (b)(4)(i) of this section may not fish north of 
the line specified in paragraph (b)(4) of this section for the duration 
of the trip, but may transit the GOM Regulated Mesh Area, provided that 
its gear is stowed in accordance with the provisions of Sec.  
648.23(b). A vessel fishing north and south of the line on the same 
trip is subject to the most restrictive applicable cod trip limit.
* * * * *
    (e) White hake. Unless otherwise restricted under this part, a 
common pool vessel fishing under a NE multispecies DAS, a limited 
access Handgear A permit, an open access Handgear B permit, or a 
monkfish limited access permit and fishing under the monkfish Category 
C or D permit provisions is not restricted in the amount of white hake 
the vessel may land per trip during fishing years 2010 and 2011. 
Starting in fishing year 2012, unless otherwise restricted under this 
part, a common pool vessel fishing under a NE multispecies DAS, a 
limited access Handgear A permit, an open access Handgear B permit, or 
a monkfish limited access permit and fishing under the monkfish 
Category C or D permit provisions may land up to 500 lb (226.8 kg) of 
white hake per DAS, or any part of a DAS, up to 2,000 lb (907.2 kg) per 
trip.
* * * * *
    (g) Yellowtail flounder --(1) CC/GOM and SNE/MA yellowtail flounder 
landing limit. Unless otherwise restricted under this part, a common 
pool vessel fishing under a NE multispecies DAS, a limited access 
Handgear A permit, an open access Handgear B permit, or a monkfish 
limited access permit and fishing under the monkfish Category C or D 
permit provisions, and fishing exclusively outside of the U.S./Canada 
Management Area, as defined in Sec.  648.85(a)(1), may land or possess 
on board up to 250 lb (113.6 kg) of yellowtail flounder per DAS, or any 
part of a DAS, up to a maximum possession limit of 1,500 lb (680.4 kg) 
per trip. A vessel fishing outside and inside of the U.S./Canada 
Management Area on the same trip is subject to the more restrictive 
yellowtail flounder trip limit (i.e., that specified by this paragraph 
(g) or Sec.  648.85(a)(3)(iv)(C)).

[[Page 69450]]

    (2) GB yellowtail flounder landing limit. Unless otherwise 
restricted under this part, a common pool vessel fishing under a NE 
multispecies DAS, a limited access Handgear A permit, an open access 
Handgear B permit, or a monkfish limited access permit and fishing 
under the monkfish Category C or D permit provisions, and fishing in 
the U.S./Canada Management Area defined in Sec.  648.85(a)(1) is 
subject to the GB yellowtail flounder limit described in paragraph 
Sec.  648.85(a)(3)(iv)(c).
* * * * *
    (j) GB winter flounder. Unless otherwise restricted under this 
part, a common pool vessel fishing under a NE multispecies DAS, a 
limited access Handgear A permit, an open access Handgear B permit, or 
a monkfish limited access permit and fishing under the monkfish 
Category C or D permit provisions and fishing in the U.S./Canada 
Management Area defined in Sec.  648.85(a)(1) is not restricted in the 
amount of GB winter flounder the vessel may land per trip.
* * * * *
    (p) Ocean pout, winter flounder, SNE/MA winter flounder, and 
Atlantic wolffish. A vessel issued a limited access NE multispecies 
permit, an open access NE multispecies Handgear B permit, or a limited 
access monkfish permit and fishing under the monkfish Category C or D 
permit provisions may not fish for, possess, or land ocean pout, 
windowpane flounder, or Atlantic wolffish. In addition, such vessels 
may not fish for, possess, or land winter flounder caught in or from 
the SNE/MA winter flounder stock area, as defined in Sec.  
648.85(b)(6)(v)(F). Vessels may transit this area with GOM or GB winter 
flounder on board the vessel, provided that gear is stowed in 
accordance with the provisions of Sec.  648.23(b).
    (q) Additional possession restrictions--(1) Daily landing 
restriction. A vessel issued a limited access NE multispecies permit, 
an open access NE multispecies Handgear B permit, or a limited access 
monkfish permit and fishing under the monkfish Category C or D permit 
provisions may only land regulated species or ocean pout once in any 
24-hr period. For example, a vessel that starts a trip at 6 a.m. may 
call out of the DAS program at 11 a.m. and land up to 2,000 lb (907.2 
kg) of GOM cod, but the vessel cannot land any more cod on a subsequent 
trip until at least 6 a.m. on the following day.
    (2) Possession limits for vessels fishing in multiple areas. If a 
vessel fishes in more than one stock area on the same trip, as defined 
in Sec.  648.85(b)(6)(v) or Sec.  648.87(b)(1)(ii), the most 
restrictive trip limit for a species applies for the entire trip.
    15. Revise Sec.  648.87 to read as follows:


Sec.  648.87  Sector allocation.

    (a) Procedure for approving/implementing a Sector allocation 
proposal. (1) Any person may submit a Sector allocation proposal for a 
group of limited access NE multispecies vessels to the Council and 
request that the Sector be implemented through either a biennial 
adjustment or framework adjustment, as specified in Sec.  648.90(a)(2), 
as long as it is submitted at least 1 year prior to the date the Sector 
wants to begin operations in accordance with the conditions and 
restrictions of this section. The Sector allocation proposal must 
contain an appropriate analysis that assesses the impact of the 
proposed Sector, in compliance with the National Environmental Policy 
Act.
    (2) Upon receipt of a Sector allocation proposal, the Council must 
decide whether to initiate a management action to implement the Sector 
proposal. Should a biennial adjustment or framework adjustment to 
authorize a Sector allocation proposal be initiated, the Council will 
follow the framework adjustment provisions of Sec.  648.90(a)(2). Any 
biennial adjustment or framework adjustment developed to implement a 
Sector allocation proposal must be in compliance with the general 
requirements specified in paragraphs (b) and (c) of this section.
    (3) Eligibility. Any valid limited access NE multispecies permit, 
including a Handgear A permit and those permits held in confirmation of 
permit history pursuant to Sec.  648.4(a)(1)(i)(J) as of May 1, 2008, 
is eligible to join a NE multispecies Sector, provided the permit 
complies with the restrictions specified in this section. Any valid 
limited access Category A or B monkfish permit may be eligible to join 
a NE multispecies Sector, as described in this section, pursuant to any 
measures adopted by a future revision to the Monkfish FMP by both the 
New England and Mid-Atlantic Fishery Management Councils. Vessels that 
do not join a Sector remain subject to the NE multispecies regulations 
for common pool vessels.
    (4) Minimum size. To be authorized to operate as a Sector under 
this section, a Sector must be comprised of at least three NE 
multispecies permits issued to at least three different persons, none 
of whom have any common ownership interests in the permits, vessels, or 
businesses associated with the permits issued the other two or more 
persons in that Sector. Having an ownership interest in a permit 
includes, but is not limited to, persons or entities who are 
shareholders, officers, or partners in a corporation owning a permit; 
who are partners (general or limited) to a permit owner; who, in any 
way, partly own a permit; or who derive any financial benefit, or 
exercise any control over, another permit. As long as at least three 
persons issued a NE multispecies permit meet these requirements, permit 
owners may have common ownership interests in other permits, vessels, 
or businesses associated with such permits.
    (b) General requirements applicable to all approved Sectors. (1) 
All Sectors approved under the provisions of paragraph (a) of this 
section must submit the documents specified in paragraphs (a)(1), 
(b)(2), and (b)(3) of this section, and comply with the conditions and 
restrictions of this paragraph (b)(1).
    (i) TAC allocation--(A) Allocated stocks. Each Sector shall be 
allocated a TAC in the form of an ACE for each NE multispecies stock 
with the exception of Atlantic halibut, SNE/MA winter flounder, ocean 
pout, windowpane flounder (both the GOM/GB and the SNE/MA stocks), and 
Atlantic wolffish based upon the cumulative PSCs of vessels 
participating in each Sector during a particular fishing year, as 
described in paragraph (b)(1)(i)(E) of this section. In the event that 
a future allocation of SNE/MA winter flounder can be made available 
pursuant to the biennial adjustment or framework process specified in 
Sec.  648.90(a)(2), an ACE for this stock will be specified pursuant to 
paragraph (b)(1)(i)(E)(1) of this section.
    (B) Eastern GB stocks. Each Sector allocated ACE for stocks managed 
under the terms of the U.S./Canada Resource Sharing Understanding in 
the Eastern U.S./Canada Area, as specified in Sec.  648.85(a), shall be 
allocated a specific portion of the ACE for such stocks that can only 
be harvested from the Eastern U.S./Canada Area, as specified in Sec.  
648.85(a)(1). The ACE specified for the Eastern U.S./Canada Area 
portions of these stocks shall be proportional to the Sector's 
allocation of the overall ACL available to all vessels issued a limited 
access NE multispecies permit for these stocks pursuant to Sec.  
648.90(a)(4). For example, if a Sector is allocated 10 percent of the 
GB cod ACL available to all vessels issued a limited access NE 
multispecies permit, that Sector would also be allocated and may 
harvest 10 percent of that ACE from the Eastern U.S./Canada Area. In 
this example, if the overall GB cod ACL available to all vessels issued 
a limited access NE

[[Page 69451]]

multispecies permit is 1,000 mt, of which 100 mt is specified to the 
Eastern U.S./Canada Area, the Sector would be allocated 100 mt of GB 
cod, of which no more than 10 mt could be harvested from the Eastern 
U.S./Canada Area and no more than 90 mt could be harvested from the 
rest of the GB cod stock area.
    (C) Carry-over. With the exception of GB yellowtail flounder, a 
Sector may carry over up to 10 percent of unused ACE for each stock 
into the following fishing year. Any unused ACE allocated for Eastern 
GB stocks pursuant to paragraph (b)(1)(i)(B) of this section will 
contribute to the 10-percent carry-over allowance for each stock, as 
specified in this paragraph (b)(1)(i)(C), but will not increase an 
individual Sector's allocation of Eastern GB stocks during the 
following year. This carry-over ACE remains effective during the 
subsequent fishing year even if vessels that contributed to the Sector 
allocation during the previous fishing year are no longer participating 
in the same Sector for the subsequent fishing year.
    (D) Maximum ACE allocation. There is no maximum amount of ACE that 
can be allocated to a particular Sector during each fishing year.
    (E) Potential sector contribution (PSC). For the purposes of 
allocating a share of the available ACL for each NE multispecies stock 
to approved Sectors pursuant to Sec.  648.90(a)(4), the landings 
history of all limited access NE multispecies permits shall be 
evaluated to determine each permit's share of the overall landings for 
each NE multispecies stock as specified in paragraphs (b)(1)(i)(E)(1) 
and (2) of this section. When calculating an individual permit's share 
of the overall landings for a particular regulated species or ocean 
pout stock, landed weight shall be converted to live weight to maintain 
consistency with the way ACLs are calculated pursuant to Sec.  
648.90(a)(4) and the way ACEs are allocated to Sectors pursuant to this 
paragraph (b)(1)(i). The PSC calculated pursuant to this paragraph 
(b)(1)(i)(E) shall remain with the permit indefinitely, but may be 
permanently reduced or eliminated due to a permit sanction or other 
enforcement action.
    (1) Calculation of PSC for all NE multispecies stocks except GB 
cod. Unless otherwise specified in paragraph (b)(1)(i)(E)(2) of this 
section, for each valid limited access NE multispecies permit, 
including limited access NE multispecies Handgear A permits, dealer 
landings of each stock of NE multispecies caught while operating under 
the restrictions associated with a limited access NE multispecies 
permit, including regulated species or ocean pout caught under a NE 
multispecies DAS when participating in the skate or monkfish fisheries, 
that are available in the commercial dealer database to NMFS shall be 
summed for fishing years 1996 through 2006. This value shall then be 
divided by the total landings of each NE multispecies stock during the 
same period by all permits eligible to join Sectors as of May 1, 2008. 
This produces an individual permit's share of the ACL for each 
regulated species or ocean pout stock available to the NE multispecies 
fishery. The landings history for each permit includes all landings 
that can be attributed to that permit pursuant to this paragraph 
(b)(1)(i)(E). For limited access NE multispecies Handgear A permits, 
this includes landings by the permitted vessel during fishing years 
1996 through 2003 before the adoption of the limited access Handgear A 
permit category in 2004.
    (2) Calculation of GB cod PSC. The GB cod PSC shall be calculated 
as specified in this paragraph (b)(1)(i)(E)(2) and shall remain with 
the permit indefinitely regardless whether the vessel participates in 
either the GB Cod Hook Gear Sector or the GB Cod Fixed Gear Sector, as 
defined in Sec.  648.87(d)(1) or (2), joins a new Sector, or fishes 
pursuant to the provisions of the common pool.
    (i) GB cod PSC for permits committed to participate in the GB Cod 
Hook Gear Sector or GB Cod Fixed Gear Sector. For each valid NE 
multispecies permit that committed to participate in either the GB Cod 
Hook Gear Sector or the GB Cod Fixed Gear Sector as evidenced by a 
valid signature executed on or before March 1, 2008, on a preliminary 
roster for either of these Sectors, the PSC for GB cod shall be based 
upon the sum of dealer landings of GB cod for fishing years 1996 
through 2001, divided by the total landings of GB cod by permits 
eligible to join Sectors as of May 1, 2008, during that period. The PSC 
for all other regulated species or ocean pout stocks specified for 
these permits shall be calculated pursuant to paragraph (b)(1)(i)(E)(1) 
of this section.
    (ii) GB cod PSC for all other permits. For all NE multispecies 
permits that have not committed to participate in either the GB Cod 
Hook Gear Sector or GB Cod Fixed Gear Sector, as specified in paragraph 
(o)(2)(i) of this section, the GB cod PSC shall be based upon the GB 
cod PSC available after accounting for the GB cod PSC calculated 
pursuant to paragraph (o)(2)(i) of this section. First, each permit's 
individual share of the available GB cod PSC shall be calculated by 
dividing the sum of the individual permit's landings of GB cod 
available in the commercial dealer database for fishing years 1996 
through 2006 by the total landings of GB cod by permits eligible to 
join Sectors as of May 1, 2008, during that period, after subtracting 
the total landings of GB cod by permits that committed to participate 
in either the GB Cod Hook Sector or GB Cod Fixed Gear Sector as of 
March 1, 2008, during that period. This individual share shall then 
multiplied by the available GB cod PSC calculated by subtracting the GB 
cod PSC allocated pursuant to paragraph (b)(1)(i)(E)(2)(i) of this 
section from one. This shall provide each vessel's share of the 
available GB cod PSC.
    (ii) Areas that can be fished. Vessels in a Sector may only fish in 
a particular stock area, as specified in paragraphs (b)(1)(ii)(A) 
through (F) of this section, and Sec.  648.85(b)(6)(v), or the Eastern 
U.S./Canada Area, as specified in Sec.  648.85(a)(1), if the Sector has 
been allocated, or acquires pursuant to paragraph (b)(1)(viii) of this 
section, ACE for all stocks caught in that stock area. A Sector must 
project when its ACE for each stock will be exceeded and must ensure 
that all vessels in the Sector cease fishing operations prior to 
exceeding it. Once a Sector has harvested its ACE for a stock, all 
vessels in that Sector must cease fishing operations in that stock area 
with gear capable of catching NE multispecies (i.e., gear not listed as 
exempted gear in this part) unless and until it acquires additional ACE 
from another Sector pursuant to paragraph (b)(1)(viii) of this section, 
or as otherwise specified in an approved operations plan pursuant to 
paragraph (b)(2)(xiv) of this section. For the purposes of this 
paragraph (b)(1)(ii), an ACE overage means catch of regulated species 
or ocean pout by vessels participating in a particular Sector that 
exceed the ACE allocated to that Sector, as of the date received or 
purchased by the dealer, whichever occurs first.
    (A) CC/GOM Yellowtail Flounder Stock Area. The CC/GOM Yellowtail 
Flounder Stock Area, for the purposes of identifying stock areas for 
trip limits specified in Sec.  648.86, and for determining areas 
applicable to Sector allocations of CC/GOM yellowtail flounder ACE 
pursuant to paragraph (b) of this section, is the area bounded by 
straight lines connecting the following points in the order stated:

[[Page 69452]]



                  CC/GOM Yellowtail Flounder Stock Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
CCGOM1..........................  (\1\)               70[deg]00'
CCGOM2..........................  41[deg]20'          (\2\)
CCGOM3..........................  41[deg]20'          69[deg]50'
CCGOM4..........................  41[deg]10'          69[deg]50'
CCGOM5..........................  41[deg]10'          69[deg]30'
CCGOM6..........................  41[deg]00'          69[deg]30'
CCGOM7..........................  41[deg]00'          68[deg]50'
CCGOM8..........................  42[deg]20'          68[deg]50'
CCGOM9..........................  42[deg]20'          67[deg]40'
CCGOM10.........................  43[deg]50'          67[deg]40'
CCGOM11.........................  43[deg]50'          66[deg]50'
CCGOM12.........................  44[deg]20'          66[deg]50'
CCGOM13.........................  44[deg]20'          67[deg]00'
CCGOM14.........................  (\3\)               67[deg]00'
------------------------------------------------------------------------
\1\ Intersection of south-facing coastline of Cape Cod, MA, and
  70[deg]00' W. long.
\2\ Intersection of east-facing coastline of Nantucket, MA, and
  41[deg]20' N. lat.
\3\ Intersection of south-facing ME coastline and 67[deg]00' W. long.

    (B) SNE/MA Yellowtail Flounder Stock Area. The SNE/MA Yellowtail 
Flounder Stock Area, for the purposes of identifying stock areas for 
trip limits specified in Sec.  648.86, and for determining areas 
applicable to Sector allocations of SNE/MA yellowtail flounder ACE 
pursuant to paragraph (b) of this section, is the area bounded by 
straight lines connecting the following points in the order stated:

                  SNE/MA Yellowtail Flounder Stock Area
------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
SNE1............................  35[deg]00'          (\1\)
SNE2............................  35[deg]00'          70[deg]00'
SNE3............................  39[deg]00'          70[deg]00'
SNE4............................  39[deg]00'          71[deg]40'
SNE5............................  39[deg]50'          71[deg]40'
SNE6............................  39[deg]50'          68[deg]50'
SNE7............................  41[deg]00'          68[deg]50'
SNE8............................  41[deg]00'          69[deg]30'
SNE9............................  41[deg]10'          69[deg]30'
SNE10...........................  41[deg]10'          69[deg]50'
SNE11...........................  41[deg]20'          69[deg]50'
SNE12...........................  (\2\)               70[deg]00'
SNE13...........................  (\3\)               70[deg]00'
SNE14...........................  (\4\)               70[deg]00'
------------------------------------------------------------------------
\1\ Intersection of east-facing coastline of Outer Banks, NC, and
  35[deg]00' N. lat.
\2\ Intersection of south-facing coastline of Nantucket, MA, and
  70[deg]00' W. long.
\3\ Intersection of north-facing coastline of Nantucket, MA, and
  70[deg]00' W. long.
\4\ Intersection of south-facing coastline of Cape Cod, MA, and
  70[deg]00' W. long.

    (C) GOM Haddock Stock Area. The GOM Haddock Stock Area, for the 
purposes of identifying stock areas for trip limits specified in Sec.  
648.86 and for determining areas applicable to Sector allocations of 
GOM haddock ACE pursuant to paragraph (b) of this section is the area 
bounded by straight lines connecting the following points in the order 
stated:

------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GOMSA1..........................  (\1\)               (\1\)
GOMSA2..........................  43[deg]58'          67[deg]22'
GOMSA3..........................  43[deg]50'          (\2\)
GOMSA4..........................  43[deg]50'          67[deg]40'
GOMSA5..........................  (\2\)               67[deg]40'
GOMSA6..........................  42[deg]53.1'        67[deg]44.4'
GOMSA7..........................  (\2\)               67[deg]40'
GOMSA8..........................  42[deg]20'          67[deg]40'
GOMSA9..........................  42[deg]20'          70[deg]00'
GOMSA10.........................  (\3\)               70[deg]00'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S./Canada maritime
  boundary.
\2\ U.S./Canada maritime boundary.
\3\ North-facing shoreline of Cape Cod, MA.

    (D) GB Haddock Stock Area. The GB Haddock Stock Area, for the 
purposes of identifying stock areas for trip limits specified in Sec.  
648.86 and for determining areas applicable to Sector allocations of GB 
haddock ACE pursuant to paragraph (b) of this section, is the area 
bounded by straight lines connecting the following points in the order 
stated:

------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
GBSA1...........................  (\1\)               70[deg]00'
GBSA2...........................  42[deg]20'          70[deg]00'
GBSA3...........................  42[deg]20'          (\2\)
GBSA4...........................  40[deg]30'          65[deg]40'
GBSA5...........................  40[deg]30'          66[deg]40'
GBSA6...........................  39[deg]50'          66[deg]40'
GBSA7...........................  39[deg]50'          71[deg]40'
GBSA8...........................  (\3\)               71[deg]40'
------------------------------------------------------------------------
\1\ North-facing shoreline of Cape Cod, MA.
\2\ U.S./Canada maritime boundary.
\3\ Intersection With RI Shoreline

    (E) Redfish Stock Area. The Redfish Stock Area, for the purposes of 
identifying stock areas for trip limits specified in Sec.  648.86 and 
for determining areas applicable to Sector allocations of redfish ACE 
pursuant to paragraph (b) of this section, is the area bounded by 
straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
              Point                   N. Latitude        W. Longitude
------------------------------------------------------------------------
RFSA1...........................  (\1\)               (\1\)
RFSA2...........................  43[deg]58'          67[deg]22'
RFSA3...........................  43[deg]50'          67[deg]40'
RFSA4...........................  43[deg]50'          67[deg]40'
RFSA5...........................  (\2\)               67[deg]40'
RFSA6...........................  42[deg]53.1'        67[deg]44.4'
RFSA7...........................  (\2\)               67[deg]40'
RFSA8...........................  42[deg]20'          67[deg]40'
RFSA9...........................  42[deg]20'          (\2\)
RFSA10..........................  40[deg]30'          65[deg]40'
RFSA11..........................  39[deg]00'          (\2\)
RFSA12..........................  39[deg]00'          71[deg]40'
RFSA13..........................  (\3\)               71[deg]40'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S./Canada maritime
  boundary.
\2\ U.S./Canada maritime boundary.
\3\ Intersection with RI shoreline.

    (F) GOM Winter Flounder Stock Area. The GOM Winter Flounder Stock 
Area, for the purposes of identifying stock areas for trip limits 
specified in Sec.  648.86 and for determining areas applicable to 
Sector allocations of GOM winter flounder ACE pursuant to paragraph (b) 
of this section, is the area bounded by straight lines connecting the 
following points in the order stated:

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

    (iii) Sector AMs. At the end of the fishing year, NMFS shall 
evaluate Sector catch using VTR, VMS, IVR, and any other available 
information to determine whether a Sector has exceeded any of its ACE 
allocations based upon the cumulative catch by participating permits/
vessels, as identified in the final operations plan approved by the 
Regional Administrator pursuant to paragraph (c) of this section, and 
each Sector's share of any overage of the overall ACL for any stock 
caused by excessive catch by other sub-components of the fishery 
pursuant to Sec.  648.90(a)(5), if necessary. Should an ACE allocated 
to a Sector be exceeded in a given fishing year, the Sector's ACE shall 
be reduced by the overage on a pound-for-pound basis during the 
following fishing year, and the Sector, each vessel, vessel operator 
and/or vessel owner participating in the Sector may be charged, as a 
result of said overages, jointly and severally for civil penalties and 
permit sanctions pursuant to 15 CFR part 904. For the purposes of this 
paragraph (b)(1)(iii), an ACE overage means catch of regulated species 
or ocean pout by vessels participating in a particular Sector that 
exceed the ACE allocated to that Sector, as of the date received or 
purchased by the dealer, whichever occurs first, after

[[Page 69453]]

considering all ACE transfer requests received and/or approved by NMFS 
during the current fishing year (including those that are submitted up 
to 2 weeks into the following fishing year), pursuant to paragraph 
(b)(1)(viii) of this section, unless otherwise specified pursuant to 
Sec.  648.90(a)(5). If an ACE allocated to a Sector is not exceeded in 
a given fishing year pursuant to this paragraph (b)(1)(iii), the 
Sector's ACE allocation shall not be reduced for the following fishing 
year as a result of an overage of an ACE by non-compliant Sectors or an 
overage of sub-ACLs allocated to common pool vessels, but may be 
reduced if the excessive catch of a particular stock by other sub-
components of the fishery causes the overall ACL of a particular stock 
to be exceeded pursuant to Sec.  648.90(a)(5). If declining stock 
conditions result in a need to reduce fishing mortality, and all 
Sectors and common pool vessels have operated within their ACE or sub-
ACL limits, a Sector's percentage share shall not be changed, but the 
amount this share represents may be reduced due to reduced overall ACL 
for a particular stock. If stock conditions improve, and certain 
Sectors stay within their ACE while other Sectors or the common pool 
exceed their respective ACEs or sub-ACLs, the Sectors that stay within 
their ACEs shall receive a temporary increase in ACE equal to the 
amount that other Sectors or the common pool exceeded their ACE or sub-
ACL, divided among such Sectors proportional to each Sector's share of 
the ACL available to vessels issued a limited access NE multispecies 
permit.
    (A) Overage penalty if there is sufficient ACE to cover the 
overage. If a Sector exceeds an ACE allocated to it during the previous 
fishing year, but has sufficient ACE to address the overage pursuant to 
this paragraph (b)(1)(iii) based upon the cumulative PSCs of 
participating vessels during the fishing year following the overage, no 
overage penalty shall be applied to any member permit/vessel that 
leaves that Sector to fish under the provisions of the common pool or 
in another Sector in the year following the overage. Any impacts to 
departing member permits/vessels may be specified and addressed by the 
Sector operations plan and associated Sector contract.
    (B) Overage penalty if there is insufficient ACE to cover an 
overage. If a Sector exceeds an ACE allocated to it during the previous 
fishing year, but disbands in the year following the overage, or 
otherwise does not have sufficient ACE to address the overage pursuant 
to this paragraph (b)(1)(iii) based upon the cumulative PSCs of 
permits/vessels participating in that Sector during the fishing year 
following the overage, individual permit holders that participated in 
the Sector during the fishing year in which the overage occurred shall 
be responsible for reducing their DAS/PSC to account for that overage 
in the subsequent fishing year, as follows:
    (1) PSC reduction. If a Sector disbands following an overage, and 
the owner of an individual permit joins another Sector for the 
subsequent fishing year, that permit's contribution toward the ACE for 
the stock for which the overage occurred to the other Sector in the 
subsequent fishing year shall be reduced by an amount equal to the 
overage divided by the number of permits/vessels participating in the 
Sector during the fishing year in which the overage occurred. For 
example, if a Sector comprised of 10 permits/vessels exceeded its GB 
cod ACE by 10,000 lb (4,536 kg) during the previous fishing year, but 
later disbands, each permit/vessel that was in that Sector, but then 
joins another Sector during the following fishing year shall have its 
contribution of GB cod to another Sector temporarily reduced by 1,000 
lb (453.6 kg) during the subsequent fishing year for the purposes of 
calculating the available GB cod ACE allocated to another Sector during 
that fishing year.
    (2) DAS reduction. If a Sector disbands following an overage and 
the owner of an individual permit elects to fish under the provisions 
of the common pool during the subsequent fishing year, that permit/
vessel's NE multispecies Category A DAS allocation for the subsequent 
fishing year shall be temporarily reduced by an amount proportional to 
the highest percentage overage by that Sector of any of the stocks for 
which an overage occurred. For example, if a Sector exceeded its GB cod 
ACE by 10 percent and its pollock ACE by 15 percent, each permit would 
receive a 15-percent reduction in its Category A DAS allocation for the 
subsequent fishing year if fishing under the provisions of the common 
pool.
    (3) Fishing prohibition. If a Sector does not disband following an 
overage, but otherwise does not have sufficient ACE to cover an overage 
based upon the PSC of participating permits, that Sector's ACE for the 
stock for which the overage occurred shall be temporarily reduced to 
zero for the following fishing year, and that Sector shall be 
prohibited from fishing in the stock area associated with the stock for 
which the ACE was exceeded during the following year, unless and until 
that Sector can acquire sufficient ACE from another Sector to cover the 
remaining overage from the previous fishing year. For example, if a 
Sector comprised of 10 permits/vessels was allocated 10 mt of GB cod 
ACE, but caught 25 mt during the previous fishing year (i.e., it 
exceeded its GB cod ACE by 15 mt), each permit/vessel that 
participating in that Sector during the following fishing year would 
have its GB cod PSC temporarily reduced to zero during the subsequent 
fishing year, and that Sector would not be able to fish with gear 
capable of catching NE multispecies (i.e., gear not listed as exempted 
gear in this part) in the GB cod stock area until it could acquire at 
least an additional 5 mt of GB cod ACE from another Sector (i.e., 15 mt 
overage-10 mt ACE for the following year = 5 mt overage remaining).
    (C) ACE buffer. At the beginning of each fishing year, NMFS shall 
withhold 20 percent of a Sector's ACE for each stock for a period of up 
to 61 days (i.e., through June 30) to allow time to process any ACE 
transfers submitted by May 15 pursuant to paragraph (b)(1)(viii) of 
this section and to determine whether the ACE allocated to any Sector 
needs to be reduced, or any overage penalties need to be applied to 
individual permits/vessels in the current fishing year to accommodate 
an ACE overage by that Sector during the previous fishing year, as 
specified in paragraph (b)(1)(iii) of this section.
    (iv) Sector enforcement--(A) Sector compliance and joint/several 
liability. Unless exempted through a letter of authorization specified 
in paragraph (c)(2) of this section, each vessel operator and/or vessel 
owner fishing under an approved Sector must comply with all NE 
multispecies management measures of this part and other applicable law. 
Each vessel and vessel operator and/or vessel owner participating in a 
Sector must also comply with all applicable requirements and conditions 
of the operations plan specified in paragraph (b)(2) of this section 
and the letter of authorization issued pursuant to paragraph (c)(2) of 
this section. Pursuant to 15 CFR part 904, each Sector, permit/vessel 
owner, and vessel operator participating in the Sector may be charged 
jointly and severally for violations of the following Sector operations 
plan requirements, which may result in an assessment of civil penalties 
and permit sanctions: ACE overages, discarding of legal-sized NE 
multispecies, and misreporting of catch, including both landings and 
discards. For the purposes of enforcement, a Sector is a legal entity 
that can be subject to NMFS enforcement action for violations of the 
regulations pertaining to Sectors, as specified in this paragraph 
(b)(1)(iv).

[[Page 69454]]

    (B) Commitment to a Sector. A permit/vessel participating in a 
Sector must remain in the Sector for the remainder of the fishing year. 
Such permits/vessels cannot fish under both the Sector provisions and 
the provisions of the common pool during that same fishing year for any 
reason, including, but not limited to, expulsion from the Sector 
pursuant to enforcement actions specified in an approved Sector 
operations plan, permit replacement, or permit/vessel sale to another 
owner. For example, if a permit/vessel is sold by a Sector participant 
during the fishing year, the new owner must comply with the Sector 
regulations for the remainder of the fishing year. If a permit/vessel 
has been expelled from a Sector, the Sector must notify NMFS of such an 
expulsion immediately. Any permit/vessel, vessel operator, or vessel 
owner removed from a Sector during a specific fishing year for 
violation of the Sector rules shall not be eligible to fish under the 
NE multispecies regulations for common pool vessels specified in this 
part for the remainder of that fishing year.
    (v) Sector monitoring. Each Sector shall monitor catch by 
participating Sector vessels to ensure that ACEs are not exceeded 
during the fishing year, as specified in this paragraph (b)(1)(v). The 
Sector shall summarize trips validated by dealer reports; oversee the 
use of electronic monitoring equipment and review of associated data; 
maintain a database of VTR, dealer, observer, and electronic monitoring 
reports; determine all species landings by stock areas; apply discard 
estimates to landings; deduct catch from ACEs allocated to Sectors; and 
report Sector catch on a weekly basis to NMFS, as required in paragraph 
(b)(1)(vi) of this section. Unless otherwise specified in this 
paragraph (b)(1)(v), all catches of stocks allocated to Sectors by 
vessels on a Sector trip shall be deducted from the Sector's ACE for 
each NE multispecies stock regardless of what fishery the vessel was 
participating in when the fish was caught. For the purposes of this 
paragraph (b)(1)(v), any regulated species or ocean pout caught using 
gear capable of catching NE multispecies (i.e., gear not listed as 
exempted gear under this part) would be deducted from a Sector's ACE if 
such catch contributed to the specification of PSC, as described in 
Sec.  648.87(b)(1)(i)(E), and would not apply to another ACL sub-
component pursuant to Sec.  648.90(a)(4). For example, any regulated 
species or ocean pout caught while fishing for or catching skates or 
monkfish pursuant to the regulations for those fisheries would be 
deducted from the Sector's ACE for each stock because such regulated 
species or ocean pout were caught while also operating under a NE 
multispecies DAS. However, if a Sector vessel is issued a limited 
access General Category Atlantic Sea Scallop permit and fishes for 
scallops under the provisions specific to that permit, any yellowtail 
flounder caught by the vessel on such trips would be deducted from the 
other sub-component of the appropriate stock of yellowtail flounder's 
ACL specified for the Atlantic Sea Scallop fishery and not from the 
yellowtail flounder ACE for the Sector.
    (A) Discards. A Sector vessel may not discard any legal-sized 
regulated species or ocean pout allocated to Sectors pursuant to 
paragraph (b)(1)(i) of this section, unless otherwise required pursuant 
to Sec.  648.86(l). Discards of undersized regulated species or ocean 
pout by a Sector vessel must be reported to NMFS consistent with the 
reporting requirements specified in paragraph (b)(1)(vi) of this 
section. Discards shall not be included in the information used to 
calculate a vessel's PSC, as described in Sec.  648.87(b)(1)(i)(E), but 
shall be counted against a Sector's ACE for each NE multispecies stock 
allocated to a Sector.
    (B) Independent third-party monitoring program. Beginning in 
fishing year 2010, a Sector must develop, implement, and pay for, to 
the extent not funded by NMFS, an independent third-party dockside/
roving and at-sea/electronic monitoring program that is satisfactory 
to, and approved by, NMFS for monitoring landings and utilization of 
Sector ACE, as specified in this paragraph (b)(1)(v)(B). Any service 
providers providing dockside/roving and at-sea monitoring services 
pursuant to this paragraph (b)(1)(v)(B) must meet the service provider 
standards specified in paragraph (b)(4) of this section, and any 
dockside/roving and at-sea/electronic monitoring program proposed by 
Sectors must meet the operational standards specified in paragraph 
(b)(5) and (b)(6) of this section, respectively, and be approved/
certified by NMFS in a manner consistent with the Administrative 
Procedure Act.
    (1) Dockside/roving monitors. Dockside/roving monitors shall 
monitor landings of regulated species and ocean pout by Sector vessels 
at the first point of offload, whether directly to a federally 
permitted dealer or to a truck for transfer to a federally permitted 
dealer, to verify such landings at the time the landings are weighed by 
a federally permitted dealer and to certify the landing weights are 
accurate as reported on the dealer report. The level of coverage for 
landings by Sector vessels is specified in paragraph (b)(1)(v)(B)(3) of 
this section. To ensure that these levels of coverage are achieved, if 
a trip has been selected to be observed by a dockside/roving monitor, 
all offloading events associated with that trip, regardless of how many 
or the location of offloading events, must be monitored. For example, 
if a trip is selected to be observed by a dockside/roving monitor, a 
vessel offloading at more than one dealer or facility must have a 
dockside/roving monitor present during the offload at each location. 
The details of the dockside/roving monitoring program used by each 
Sector must be specified in the Sector's operations plan and must be 
consistent with the operational standards specified in paragraph (b)(5) 
of this section. The Regional Administrator shall review the dockside/
roving monitoring program and approve/disapprove it as part of the 
yearly operations plan in a manner consistent with the Administrative 
Procedure Act.
    (2) At-sea/electronic monitoring program. Beginning in fishing year 
2012, in addition to the dockside/roving monitoring requirement 
specified in paragraph (b)(1)(v)(B)(1) of this section, an at-sea/
electronic monitoring program must be implemented to verify area fished 
as well as catch and discards by species and gear type. A Sector may 
elect to develop an at-sea/electronic monitoring program before fishing 
year 2012 and specify the details of such a program in its operations 
plan. Electronic monitoring may be used in place of actual observers if 
the technology is deemed sufficient by NMFS for a specific trip type 
based on gear type and area fished, in a manner consistent with the 
Administrative Procedure Act. No electronic monitoring technology may 
be used in place of an at-sea monitor unless approved by NMFS as part 
of the Sector's annual operations plan. If either an at-sea monitor or 
electronic monitoring is assigned to a particular trip, a vessel may 
not leave port without the appropriate at-sea monitor or electronic 
monitoring equipment on board. The at-sea/electronic monitoring program 
developed and implemented by each Sector must be consistent with the 
operational standards specified in paragraph (b)(6) of this section, 
with details of the program specified in the Sector's annual operations 
plan. The Regional Administrator shall review the at-sea/electronic 
monitoring program and approve/disapprove it as part of the annual 
operations plan in a manner

[[Page 69455]]

consistent with the Administrative Procedure Act. The level of coverage 
for landings by Sector vessels is specified in paragraph 
(b)(1)(v)(B)(3) of this section.
    (3) Coverage levels. Any service provider providing dockside/roving 
or at-sea monitoring services required under this paragraph 
(b)(1)(v)(B)(3) must provide coverage that is fair, equitable, and 
distributed in a statistically random manner among all trips such that 
coverage is representative of fishing activities by all vessels within 
each Sector and by all Sector vessel operations throughout the fishing 
year.
    (i) Dockside/roving monitoring. For fishing year 2010, at least 50 
percent of all Sector trips shall be monitored by dockside/roving 
monitors. Beginning in fishing year 2011, at least 20 percent of all 
Sector trips shall be monitored by dockside/roving monitors.
    (ii) At-sea/electronic monitoring. Beginning in fishing year 2012, 
coverage levels for an at-sea monitoring program shall be specified by 
NMFS, but shall be less than 100 percent of all Sector trips. Such 
coverage levels must be sufficient to at least meet the coefficient of 
variation specified in the Standardized Bycatch Reporting Methodology 
and accurately monitor Sector operations. In the event that a NMFS-
sponsored observer and a third-party at-sea monitor are assigned to the 
same trip, only the NMFS observer must observe that trip.
    (4) Hail reports. For the purposes of the dockside/roving and at-
sea monitoring requirements specified in this paragraph (b)(1)(v)(B), 
Sector vessels must submit all hail reports for a Sector trip in which 
the NE multispecies catch applies against the ACE allocated to a 
Sector, as specified in this part, to service providers offering 
dockside/roving and at-sea monitoring services pursuant to this 
paragraph (b)(1)(v)(B). The mechanism and timing of the transmission of 
such hail reports must be specified in the annual Sector operations 
plan, consistent with paragraphs (b)(5) and (6) of this section.
    (5) Notification of service provider change. If for any reason a 
Sector decides to change service providers used to provide the 
dockside/roving and at-sea monitoring services required in this 
paragraph (b)(1)(v), the Sector manager must first inform NMFS of the 
effective date of the change in service providers in conjunction with 
the submission of the next weekly Sector catch report specified in 
paragraph (b)(1)(vi)(B) of this section. A Sector may employ more than 
one service provider at any time, provided any service provider 
employed by a Sector meets the standards specified in paragraph (b)(4) 
of this section.
    (vi) Sector reporting requirements. In addition to the other 
reporting/recordkeeping requirements specified in this part, a Sector's 
vessels must comply with the reporting requirements specified in this 
paragraph (b)(1)(vi).
    (A) VMS declarations and trip-level catch reports. Prior to each 
Sector trip, a Sector vessel must declare into broad stock areas in 
which the vessel fishes and submit the VTR serial number associated 
with that trip pursuant to Sec.  648.10(k). The Sector vessel must also 
submit a VMS catch report detailing regulated species and ocean pout 
catch by broad stock areas when fishing in multiple stock areas on the 
same trip, pursuant to Sec.  648.10(k).
    (B) Weekly catch report. Each Sector must submit weekly reports to 
NMFS stating the remaining balance of ACE allocated to each Sector 
based upon regulated species and ocean pout landings and discards of 
vessels participating in that Sector and any compliance/enforcement 
concerns. These reports must include at least the following 
information, as instructed by the Regional Administrator: Week ending 
date; species, stock area, gear, number of trips, reported landings 
(landed pounds and live pounds), discards (live pounds), total catch 
(live pounds), status of the Sector's ACE (pounds remaining and percent 
remaining), and whether this is a new or updated record of Sector catch 
for each NE multispecies stock allocated to that particular Sector; 
Sector enforcement issues, including any discrepancies noted by 
dockside/roving monitors between dealers and offloads; summary of 
offloads witnessed by dockside/roving monitors for that reporting week; 
and a list of vessels landing for that reporting week. These weekly 
catch reports must be submitted no later than 2359 hr on Thursday of 
the week following the reporting week, as defined in this part. The 
frequency of these reports must be increased to more than a weekly 
submission when the balance of remaining ACE is low, as specified in 
the Sector operations plan and approved by NMFS. If requested, Sectors 
must provide detailed trip-by-trip catch data to NMFS for the purposes 
of auditing Sector catch monitoring data based upon guidance provided 
by the Regional Administrator.
    (C) Year-end report. An approved Sector must submit an annual year-
end report to NMFS and the Council, no later than 60 days after the end 
of the fishing year, that summarizes the fishing activities of 
participating permits/vessels, which must include at least the 
following information: Catch, including landings and discards, of all 
species by Sector vessels; the permit number of each Sector vessel that 
fished for regulated species or ocean pout; the number of vessels that 
fished for non-regulated species or ocean pout; the method used to 
estimate discards by Sector vessels; the landing port used by Sector 
vessels; enforcement actions; and other relevant information required 
to evaluate the biological, economic, and social impacts of Sectors and 
their fishing operations consistent with confidentiality requirements 
of applicable law.
    (vii) Interaction with other fisheries--(A) Use of DAS. A Sector 
vessel must comply with all measures specified for another fishery 
pursuant to this part, including any requirement to use a NE 
multispecies DAS. If the regulations of another fishery require the use 
of a NE multispecies DAS, the DAS allocation and accrual provisions 
specified in Sec.  648.82(d) and (e), respectively, apply to each trip 
by a Sector vessel, as applicable. For example, if a Sector vessel is 
also issued a limited access monkfish Category C permit and is required 
to use a NE multispecies DAS concurrent with a monkfish DAS under this 
part, any NE multispecies DAS used by the Sector vessel accrues, as 
specified in Sec.  648.82(e)(1)(ii) based upon the vessel's NE 
multispecies DAS allocation calculated pursuant to Sec.  
648.82(d)(1)(iv)(B).
    (B) Availability of ACE. Notwithstanding the requirements in 
paragraph (b)(1)(vii)(A) of this section, if a Sector has not been 
allocated or does not acquire sufficient ACE available to cover the 
catch of a particular stock of NE multispecies while participating in 
another fishery in which such catch would apply to the ACE allocated to 
a Sector, vessels participating in that Sector cannot participate in 
those other fisheries unless NMFS has approved a Sector operations plan 
that ensures that regulated species or ocean pout will not be caught 
while participating in these other fisheries.
    (viii) ACE transfers. Unless otherwise specified pursuant to 
paragraph (b)(1)(viii)(D) of this section, all or a portion of a 
Sector's ACE for any NE multispecies stock may be transferred to 
another Sector at any time during the fishing year and up to 2 weeks 
into the following fishing year (i.e., through May 14) to cover any 
overages during the previous fishing year. A Sector is not required to 
transfer ACE to another Sector. An ACE transfer only becomes effective 
upon approval by NMFS, as specified in paragraph (b)(1)(viii)(B).

[[Page 69456]]

    (A) Application to transfer ACE. ACE may be transferred from one 
Sector to another through written request to the Regional 
Administrator. This request must include the name of the Sectors 
involved, the amount of each ACE to be transferred, the fishing year in 
which the ACE transfer applies, and the amount of compensation received 
for any ACE transferred, as instructed by the Regional Administrator.
    (B) Approval of an ACE transfer request. NMFS shall approve/
disapprove a request to transfer ACE based upon compliance by each 
Sector and its participating vessels with the reporting requirements 
specified in this part. The Regional Administrator shall inform both 
Sectors in writing whether the ACE transfer request has been approved 
within 2 weeks of the receipt of the ACE transfer request.
    (C) Duration of transfer. Notwithstanding ACE carried over into the 
next fishing year pursuant to paragraph (b)(1)(i)(C) of this section, 
ACE transferred pursuant to this paragraph (b)(1)(viii) is only valid 
for the fishing year in which the transfer is approved, with the 
exception of ACE transfer requests that are submitted up to 2 weeks 
into the subsequent fishing year to address any potential ACE overages 
from the previous fishing year, as provided in paragraph (b)(1)(iii) of 
this section.
    (D) Transfer of ACE by NOAA-sponsored permit banks. A state-
operated permit bank sponsored by NOAA shall be considered a Sector for 
the exclusive purpose of transferring ACE to qualifying Sectors. Such 
permit banks will be allocated ACE for a fishing year based on the PSCs 
of permits owned by the permit bank that are declared as ACE permits 
for that fishing year. All or a portion of a permit bank's ACE for any 
NE multispecies stock may be transferred to a qualifying Sector at any 
time during the fishing year. Permit banks may only act as the 
transferor in an ACE transfer.
    (ix) Trip limits. With the exception of stocks listed in Sec.  
648.87(l), a Sector vessel is not limited in the amount of allocated NE 
multispecies stocks that can be harvested on a particular fishing trip, 
unless otherwise specified in the operations plan.
    (2) Operations plan and Sector contract. To be approved to operate, 
each Sector must submit an operations plan and Sector contract to the 
Regional Administrator no later than September 1 prior to the fishing 
year in which the Sector intends to begin operations. This operations 
plan may cover a 1- or 2-year period, provided the analysis required in 
paragraph (b)(3) of this section is sufficient to assess the impacts of 
Sector operations during the 2-year period and that Sector membership, 
or any other parameter that may affect Sector operations during the 
second year of the approved operations plan, does not differ to the 
point where the impacts analyzed by the supporting NEPA document are 
compromised. Each vessel and vessel operator and/or vessel owner 
participating in a Sector must agree to and comply with all applicable 
requirements and conditions of the operations plan specified in this 
paragraph (b)(2) and the letter of authorization issued pursuant to 
paragraph (c)(2) of this section. It shall be unlawful to violate any 
such conditions and requirements unless such conditions or restrictions 
are identified as administrative only in an approved operations plan. 
At least the following elements must be contained in either the 
operations plan or Sector contract:
    (i) A list of all parties, vessels, and vessel owners who will 
participate in the Sector;
    (ii) A list of all Federal and state permits held by persons 
participating in the Sector, including an indication for each permit 
whether it is enrolled and will actively fish in a Sector, or will be 
subject to the provisions of the common pool;
    (iii) A contract signed by all Sector participants indicating their 
agreement to abide by the operations plan;
    (iv) The name of a designated representative or agent of the Sector 
for service of process;
    (v) If applicable, a plan for consolidation or redistribution of 
ACE detailing the quantity and duration of such consolidation or 
redistribution within the Sector;
    (vi) A list of the specific management rules the Sector 
participants will agree to abide by in order to avoid exceeding the 
allocated ACE for each stock, including a plan of operations or 
cessation of operations once the ACEs of one or more stocks are 
harvested and detailed plans for enforcement of the Sector rules;
    (vii) A plan that defines the procedures by which members of the 
Sector that do not abide by the rules of the Sector will be disciplined 
or removed from the Sector, and a procedure for notifying NMFS of such 
expulsions from the Sector;
    (viii) If applicable, a plan of how the ACE allocated to the Sector 
is assigned to each vessel;
    (ix) If the operations plan is inconsistent with, or outside the 
scope of the NEPA analysis associated with the Sector proposal/
framework adjustment as specified in paragraph (a)(1) of this section, 
a supplemental NEPA analysis may be required with the operations plan;
    (x) Detailed information about overage penalties or other actions 
that will be taken if a Sector exceeds its ACE for any stock;
    (xi) Detailed plans for the monitoring and reporting of landings 
and discards by Sector participants, including, but not limited to, 
detailed information describing the Sector's dockside/roving and at-
sea/electronic monitoring program for monitoring utilization of ACE 
allocated to that Sector; identification of the independent third-party 
service providers employed by the Sector to provide dockside/roving and 
at-sea/electronic monitoring services; the mechanism and timing of any 
hail reports necessary to coordinate the deployment of dockside/roving 
and at-sea monitors and electronic monitoring equipment; a list of 
specific ports where participating vessels will land fish, with 
specific exemptions noted for safety, weather, etc., allowed, provided 
the Sector provides reasonable notification to NMFS concerning a 
deviation from the listed ports; and any other information about such a 
program required by NMFS;
    (xii) ACE thresholds that may trigger revisions to Sector 
operations to ensure allocated ACE is not exceeded, and details 
regarding the Sector's plans for notifying NMFS once the specified ACE 
threshold has been reached;
    (xiii) Identification of any potential redirection of effort into 
other fisheries expected as a result of Sector operations, and, if 
necessary, proposed limitations to eliminate any adverse effects 
expected from such redirection of effort;
    (xiv) If applicable, description of how regulated species and ocean 
pout will be avoided while participating in other fisheries that have a 
bycatch of regulated species or ocean pout if the Sector does not have 
sufficient ACE for stocks of regulated species or ocean pout caught as 
bycatch in those fisheries, as specified in paragraph (b)(1)(vii)(B) of 
this section; and
    (xv) A list of existing regulations that the Sector is requesting 
exemption from during the following fishing year pursuant to paragraph 
(c)(2) of this section.
    (3) NEPA analysis. In addition to the documents required by 
paragraphs (a)(1) and (b)(2) of this section, before NMFS can approve a 
Sector to operate during a particular fishing year, each Sector must 
develop and submit to NMFS, in conjunction with the yearly operations 
plan and Sector contract, an appropriate

[[Page 69457]]

NEPA analysis assessing the impacts of forming the Sector and operating 
under the measures described in the Sector operations plan.
    (4) Independent third-party monitoring provider standards. Any 
service provider intending to provide dockside/roving and at-sea/
electronic monitoring services described in Sec.  648.82(n)(2) and 
paragraph (b)(1)(v) of this section must apply to and be approved/
certified by NMFS in a manner consistent with the Administrative 
Procedure Act. NMFS shall approve/certify service providers and 
associated dockside, roving, and/or at-sea monitors as eligible to 
provide Sector monitoring services specified in this part and can 
disapprove/decertify service providers and/or individual monitors 
through notice in writing to individual service providers/monitors if 
the following criteria are no longer being met:
    (i) Service provider information. As part of the application for 
service provider approval/certification, potential service providers 
must include at least the following information:
    (A) Identification of corporate structure, including the names and 
duties of controlling interests in the company such as owners, board 
members, authorized agents, and staff; and articles of incorporation, 
or a partnership agreement, as appropriate;
    (B) Contact information for official correspondence and 
communication with any other office;
    (C) A statement, signed under penalty of perjury, from each owner, 
board member, and officer that they are free from a conflict of 
interest with fishing-related parties including, but not limited to, 
vessels, dealers, shipping companies, Sectors, Sector managers, 
advocacy groups, or research institutions and will not accept, directly 
or indirectly, any gratuity, gift, favor, entertainment, loan, or 
anything of monetary value from such parties;
    (D) A statement, signed under penalty of perjury, from each owner, 
board member, and officer describing any criminal convictions, Federal 
contracts they have had, and the performance rating they received on 
the contract, and previous decertification action while working as an 
observer or observer service provider;
    (E) A description of any prior experience the applicant may have in 
placing individuals in remote field and/or marine work environments 
including, but not limited to, recruiting, hiring, deployment, and 
personnel administration;
    (F) A description of the applicant's ability to carry out the 
responsibilities and duties of a Sector monitoring/reporting service 
provider and the arrangements to be used, including whether the service 
provider is able to offer dockside and/or at-sea monitoring services;
    (G) Evidence of adequate insurance (copies of which shall be 
provided to the vessel owner, operator, or vessel manager, when 
requested) to cover injury, liability, and accidental death to cover 
dockside, roving, and at-sea monitors (including during training); 
vessel owner; and service provider;
    (H) Proof of benefits and personnel services provided in accordance 
with the terms of each monitor's contract or employment status;
    (I) Proof that the service provider's dockside, roving, and at-sea 
monitors have passed an adequate training course sponsored by the 
service providers to the extent not funded by NMFS that is consistent 
with the curriculum used in the current yearly NEFOP training course, 
unless otherwise specified by NMFS;
    (J) An Emergency Action Plan describing the provider's response to 
an emergency with a dockside, roving, and at-sea monitors, including, 
but not limited to, personal injury, death, harassment, or 
intimidation; and
    (K) Evidence that the company is in good financial standing;
    (ii) Service provider performance requirements. Dockside/roving and 
at-sea monitoring service providers must be able to document compliance 
with the following criteria and requirements:
    (A) A service provider must establish and carry out a comprehensive 
plan to deploy NMFS-certified dockside, roving, and/or at-sea monitors, 
or other at-sea monitoring mechanism, such as electronic monitoring 
equipment that is approved by NMFS, according to a prescribed coverage 
level (or level of precision for catch estimation), as specified by 
NMFS, including all of the necessary vessel reporting/notice 
requirements to facilitate such deployment, as follows:
    (1) A service provider must be available to industry 24 hr per day, 
7 days per week, with the telephone system monitored a minimum of four 
times daily to ensure rapid response to industry requests;
    (2) A service provider must be able to deploy dockside, roving, 
and/or at-sea monitors, or other approved at-sea monitoring mechanism 
to all ports in which service is required by Sectors, or a subset of 
ports as part of a contract with a particular Sector;
    (3) A service provider must report dockside, roving, and at-sea 
monitors and other approved at-sea monitoring mechanism deployments to 
NMFS and the Sector manager in a timely manner to determine whether the 
predetermined coverage levels are being achieved for the appropriate 
Sector;
    (4) A service provider must assign dockside, roving, and at-sea 
monitors and other approved at-sea monitoring mechanisms without regard 
to any preference by the Sector manager or representatives of vessels 
other than when the service is needed and the availability of approved/
certified monitors and other at-sea monitoring mechanisms;
    (5) A service provider's dockside, roving, and at-sea monitor 
assignment must be fair, equitable, representative of fishing 
activities within each Sector, and able to monitor fishing activity 
throughout the fishing year;
    (6) For service providers offering catch estimation or at-sea 
monitoring services, a service provider must be able to determine an 
estimate of discards for each trip and provide such information to the 
Sector manager and NMFS, as appropriate and as required by this 
section;
    (B) The service provider must ensure that dockside, roving, and at-
sea monitors remain available to NMFS, including NMFS Office for Law 
Enforcement, for debriefing for at least 2 weeks following any 
monitored trip/offload;
    (C) The service provider must report possible dockside, roving, and 
at-sea monitor harassment; discrimination; concerns about vessel safety 
or marine casualty; injury; and any information, allegations, or 
reports regarding dockside, roving, or at-sea monitor conflict of 
interest or breach of the standards of behavior to NMFS and/or the 
Sector manager, as specified by NMFS;
    (D) The service provider must submit to NMFS, if requested, a copy 
of each signed and valid contract (including all attachments, 
appendices, addendums, and exhibits incorporated into the contract) 
between the service provider and those entities requiring services 
(i.e., Sectors and participating vessels) and between the service 
provider and specific dockside, roving, or at-sea monitors;
    (E) The service provider must submit to NMFS, if requested, copies 
of any information developed and used by the service providers 
distributed to vessels, such as informational pamphlets, payment 
notification, description of duties, etc.;
    (F) A service provider may refuse to deploy a dockside, roving, or 
at-sea monitor or other approved at-sea monitoring mechanism on a 
requesting

[[Page 69458]]

fishing vessel for any reason including, but not limited to, the 
following:
    (1) If the service provider does not have an available dockside/
roving monitor prior to a vessel's intended date/time of landing, or if 
the service provider does not have an available at-sea monitor or other 
at-sea monitoring mechanism approved by NMFS within the advanced notice 
requirements established by the service provider;
    (2) If the service provider is not given adequate notice of vessel 
departure or landing from the Sector manager or participating vessels, 
as specified by the service provider;
    (3) For the purposes of at-sea monitoring, if the service provider 
has determined that the requesting vessel is inadequate or unsafe 
pursuant to the reasons described in Sec.  600.746; and
    (4) Failure to pay for previous deployments of dockside, roving, or 
at-sea monitors, or other approved at-sea monitoring mechanism.
    (G) With the exception of a service provider offering reporting, 
dockside, and/or at-sea monitoring services to participants of another 
fishery managed under Federal regulations, a service provider must not 
have a direct or indirect interest in a fishery managed under Federal 
regulations, including, but not limited to, fishing vessels, dealers, 
shipping companies, Sectors, Sector managers, advocacy groups, or 
research institutions and may not solicit or accept, directly or 
indirectly, any gratuity, gift, favor, entertainment, loan, or anything 
of monetary value from anyone who conducts fishing or fishing-related 
activities that are regulated by NMFS, or who has interests that may be 
substantially affected by the performance or nonperformance of the 
official duties of service providers;
    (H) A system to record, retain, and distribute the following 
information to NMFS, as requested, for a period specified by NMFS, 
including:
    (1) Dockside, roving, and/or at-sea monitor and other approved 
monitoring equipment deployment levels, including the number of 
refusals and reasons for such refusals;
    (2) Incident/non-compliance reports (e.g., failure to offload 
catch); and
    (3) Hail reports, landings records, and other associated 
interactions with vessels and dealers.
    (I) A means to protect the confidentiality and privacy of data 
submitted by vessels, as required by the Magnuson-Stevens Act; and
    (J) A service provider must be able to supply dockside and at-sea 
monitors with sufficient safety and data-gathering equipment, as 
specified by NMFS.
    (iii) Standards for individual dockside/roving monitors. For an 
individual to be approved/certified as a dockside or roving monitor, 
the service provider must demonstrate that each potential monitor meets 
the following criteria:
    (A) A high school diploma or legal equivalent;
    (B) Successful completion of all NMFS-required training and 
briefings before deployment;
    (C) Physical and mental capacity for carrying out the 
responsibilities of a dockside/roving monitor pursuant to standards 
established by NMFS, such as being certified by a physician to be 
physically fit to work as a dockside/roving monitor after consideration 
that a monitor may be required to climb a ladder to inspect fish holds 
and/or trucks;
    (D) Absence of fisheries-related convictions based upon a thorough 
background check; and
    (E) Independence from fishing-related parties including, but not 
limited to, vessels, dealers, shipping companies, Sectors, Sector 
managers, advocacy groups, or research institutions to prevent 
conflicts of interest.
    (iv) Standards for individual at-sea monitors. For an individual to 
be approved/certified as an at-sea monitor, the service provider must 
demonstrate that each potential monitor meets the following criteria:
    (A) A high school diploma or legal equivalent;
    (B) Successful completion of all NMFS-required training and 
briefings before deployment;
    (C) Physical and mental capacity for carrying out the 
responsibilities of an at-sea monitor on board fishing vessels, 
pursuant to standards established by NMFS such as being certified by a 
physician to be physically fit to work as an at-sea monitor after 
consideration of at least the following work-related issues:
    (1) Susceptibility to chronic motion sickness;
    (2) Ability to live in confined quarters;
    (3) Ability to tolerate stress;
    (4) Ability to lift and carry heavy objects up to 50 lb (22.7 kg);
    (5) Ability to drag heavy objects up to 200 lb (90.7 kg); and
    (6) Ability to climb a ladder.
    (D) A current Red Cross (or equivalent) CPR/first aid 
certification;
    (E) Absence of fisheries-related convictions, based upon a thorough 
background check; and
    (F) Independence from fishing-related parties including, but not 
limited to, vessels, dealers, shipping companies, Sectors, Sector 
managers, advocacy groups, or research institutions to prevent 
conflicts of interest.
    (5) Dockside monitoring operational standards. In addition to the 
independent third-party monitoring provider standards specified in 
paragraph (b)(4) of this section, any dockside monitoring program 
developed as part of a Sector's yearly operations plan pursuant to 
paragraph (b)(1)(v)(B)(1) of this section, or required as part of the 
trimester TAC AM specified in Sec.  648.82(n)(2) must meet the 
following operational standards to be approved by NMFS:
    (i) Vessel requirements--(A) Reporting/recordkeeping requirements. 
In addition to all other reporting/recordkeeping requirements specified 
in this part, to facilitate the deployment of independent dockside and 
roving monitors pursuant to Sec.  648.82(n)(2)(iv) and paragraph 
(b)(1)(v) of this section, the operator of a vessel fishing under the 
provisions of the common pool or on a Sector trip must comply with the 
following requirements:
    (1) Trip-start hail report. The vessel operator must submit a trip-
start hail report notifying the Sector manager and/or dockside/roving 
monitor service provider of the vessel permit number; trip ID number in 
the form of the VTR serial number of the first VTR page for that trip, 
or another trip identifier specified by NMFS; and an estimate of the 
trip duration prior to departing port at the beginning of each trip. If 
the vessel operator does not receive confirmation of the receipt of the 
trip-start hail report from the dockside/roving monitor service 
provider within 10 minutes of sending the original trip-start hail 
report, the operator must contact the service provider to confirm the 
trip-start hail report via an independent back-up system developed by 
the service provider.
    (2) Trip-end hail report. Prior to returning to port upon the 
completion of a fishing trip, the vessel operator must submit a trip-
end hail report notifying the dockside/roving monitor service provider 
of the vessel permit number; trip ID submitted pursuant to paragraph 
(b)(5)(i)(A)(1) of this section; intended offloading location(s), 
including the dock/dealer, port/harbor, and state for all dealers/
facilities where the vessel intends to offload catch; estimated date/
time of arrival; estimated date/time of offload; and estimated total 
weight of each species on board. The trip-end hail report must be 
submitted at least 6 hr in advance of landing for all trips at least 6 
hr in duration or occurring more than 6 hr from port. For shorter 
trips, the trip-end hail reports must be

[[Page 69459]]

submitted within sufficient time to allow the deployment of the 
dockside/roving monitor to the offloading site, as specified by the 
dockside/roving monitoring service provider in consultation with NMFS 
Office of Law Enforcement. These reports may be in the form of an e-
mail to the dockside/roving monitor service provider or another means 
of communication specified by the service provider.
    (B) Copies of trip documents. The operator of a Sector vessel that 
is issued a waiver from the dockside/roving monitoring requirements 
specified in paragraph (b)(1)(v)(B) of this section for a particular 
trip must provide copies of all VTRs and dealer receipts associated 
with that trip to the Sector or designated third party contractor, as 
appropriate, within 24 hr of offloading.
    (C) Vessel offloads. A vessel may not offload any fish from a trip 
that was selected to be observed by a dockside/roving monitor until the 
dockside/roving monitor(s) assigned to that trip is present, as 
specified in paragraph (b)(5)(ii)(A) of this section.
    (ii) Dockside/roving monitor service provider requirements--(A) 
Confirmation of vessel hail reports. Upon receipt of a trip-start or 
trip-end hail reports pursuant to paragraphs (b)(5)(i)(A)(1) and (2) of 
this section, the service provider shall immediately send confirmation 
that the trip-start or trip-end hail report was received to the vessel. 
A service provider must establish an independent back-up system to the 
primary hail report system (e.g., a phone number if the primary hail 
report system is based upon e-mail) to ensure receipt of such trip-
start or trip-end hail reports. In confirming the receipt of a trip-end 
hail report, the service provider will inform the vessel operator that 
the offload(s) associated with that trip will be monitored by a 
dockside/roving monitor or that the vessel is issued a dockside/roving 
monitor waiver for that trip. If a dockside/roving monitor is assigned 
to observe a trip's offloads, but cannot meet the vessel as scheduled, 
the service provider must inform the vessel, the Sector, and NMFS 
Office of Law Enforcement, as appropriate, as soon as possible, to 
specify the time when the dockside/roving monitor will arrive, or issue 
the vessel a waiver for that particular trip. The service provider or 
Sector manager must also provide NMFS Office of Law Enforcement with 
the information contained in the trip-start and trip-end hail reports, 
including whether the vessel has been assigned a dockside/roving 
monitor for that trip, at the same time that the confirmation is sent 
to the vessel.
    (B) Documentation of offloads--(1) Offloads directly to a dealer. 
Upon the completion of the offload, the dockside/roving monitor shall 
retain a copy of all VTRs associated with the trip, including all 
information submitted (i.e., no blocked cells) provided by the Sector 
vessel; record whether the dealer scales were certified by an 
appropriate state agency; observe and record whether ice and box 
weights are tared by the dealer before catch is added, or record the 
estimated weight of ice and the box from the dealer; record the weight 
of catch offloaded by species (and market category, if culled); 
determine and record whether all fish have been offloaded, including an 
estimate of the weight of fish being retained by captain and crew for 
personal consumption or other use and the reason for retention of such 
catch; sign the dealer receipt associated with the offload for each 
trip (i.e., dealer/weighout slip or other form of documentation of the 
amount of catch offloaded by the dealer), or have the dealer sign the 
dockside/roving monitor report, as appropriate; provide data 
summarizing the offloads of each trip, including copies of the VTR(s), 
dockside/roving monitor report, and dealer receipt(s), if separate from 
the dockside/roving monitor report, to the Sector manager or designated 
third party contractor, as appropriate, within 24 hr of offloading; and 
retain a copy of such information to document that the offload was 
monitored, as instructed by the Regional Administrator.
    (2) Offloads to a truck. A roving monitor observing offloads into a 
truck shall retain copies of all VTRs filled out for that trip with all 
information submitted (i.e., no blocked cells) provided by the Sector 
vessel; if there are no scales at the offload site, record the number 
of totes of each species and the captain's estimate of the weight in 
each tote; if there are scales at the offload site, record whether the 
scales were certified by an appropriate state agency and observe and 
record whether ice and box weights are tared before catch is added, or 
record the estimated weight of ice and the box; determine and record 
whether all fish have been offloaded, including an estimate of the 
weight of fish being retained by captain and crew for personal 
consumption or other use and the reason for retention of such catch; 
record all offloaded catch by species and market class in a report, 
unless the driver creates such a report that the roving monitor may use 
which shall be signed by the roving monitor; document that each tote is 
labeled with the appropriate identifying information including, but not 
limited to, the serial number of the first VTR page filled out for that 
trip or another trip ID specified by NMFS, the roving monitor's name, 
tote number, and species; provide data summarizing the offloads of each 
trip, including copies of the VTR(s) and roving monitor report to the 
Sector manager or designated third party contractor, as appropriate, 
within 24 hr of offloading; and retain a copy of such information to 
document that the offload was monitored, as instructed by the Regional 
Administrator. The roving monitor must submit copies of the VTR(s); 
driver manifest(s), if separate from the roving monitor's report; and 
the roving monitor's report to the Sector manager or third-party 
service provider, as appropriate.
    (C) Record retention. The dockside/roving monitor service provider 
shall retain an electronic record of each offload observed and make 
electronic and other records that document an offload available to NMFS 
upon request.
    (D) Safe-harbor provision. The dockside/roving monitor service 
provider must work with the Sector and NMFS Office of Law Enforcement 
to establish an acceptable process for safe-harbor situations where a 
vessel is unable to follow normal dockside/roving monitor protocols 
outlined in paragraph (b)(5) of this section due to an emergency 
situation.
    (iii) Adjustment to operational standards. The dockside/roving 
monitor operational standards specified in paragraph (b)(5) of this 
section may be revised by the Regional Administrator in a manner 
consistent with the Administrative Procedure Act.
    (6) At-sea/electronic monitoring operational standards. In addition 
to the independent third-party monitoring provider standards specified 
in paragraph (b)(4) of this section, any at-sea/electronic monitoring 
program developed as part of a Sector's yearly operations plan pursuant 
to paragraph (b)(1)(v)(B)(2) of this section must meet the following 
operational standards to be approved by NMFS:
    (i) Gear. Each at-sea monitor must be provided with all of the 
equipment specified by the Northeast Fisheries At-sea Monitoring 
Program. A list of such equipment is available from the Northeast 
Fisheries Science Center upon request. At-sea/electronic monitoring 
service providers are responsible for the cost of providing such gear 
to at-sea monitors to the extent not funded by NMFS. This gear shall be 
inspected by NMFS upon the completion of training required pursuant to 
paragraph (b)(4)(i)(I) of this section.
    (ii) Vessel selection protocol. An at-sea/electronic monitoring 
program

[[Page 69460]]

service provider must develop a formal vessel-selection protocol to 
deploy at-sea monitors and electronic monitoring equipment in a 
statistically random manner consistent with the coverage levels 
required pursuant to paragraph (b)(1)(v)(B)(3)(a) of this section. This 
protocol must include a method to allow for waivers in specific 
circumstances, including how waivers would be requested, assessed, and 
recorded.
    (iii) Reporting/recordkeeping requirements--(A) Vessel 
requirements. In addition to all other reporting/recordkeeping 
requirements specified in this part, to facilitate the deployment of 
at-sea monitors and electronic monitoring equipment pursuant to 
paragraph (b)(1)(v)(B)(2) of this section, the operator of a vessel 
fishing on a Sector trip must provide at-sea/electronic monitoring 
service providers with at least the following information: The vessel 
name, permit number, trip ID number in the form of the VTR serial 
number of the first VTR page for that trip or another trip identifier 
specified by NMFS, and an estimate of the date/time of departure in 
advance of each trip. The timing of such notice shall be sufficient to 
allow ample time for the service provider to determine whether an at-
sea monitor or electronic monitoring equipment will be deployed on each 
trip and allow the at-sea monitor or electronic monitoring equipment to 
prepare for the trip and get to port, or to be installed on the vessel, 
respectively. The details of the timing, method (e.g., phone, e-mail, 
etc.), and information needed for such pre-trip notifications shall be 
included as part of a Sector's yearly operations plan. If a vessel has 
been informed by a service provider that an at-sea monitor or 
electronic monitoring equipment has been assigned to a particular trip 
pursuant to paragraph (b)(6)(iii)(B)(1) of this section, the vessel may 
not leave port to begin that trip until the at-sea monitor has arrived 
and boarded the vessel, or the electronic monitoring equipment has been 
properly installed.
    (B) At-sea/electronic monitoring service provider requirements--(1) 
Confirmation of pre-trip notification. Upon receipt of a pre-trip 
notification pursuant to paragraph (b)(6)(iii)(A) of this section, the 
service provider shall inform the vessel operator whether the vessel 
will be monitored by an at-sea observer or electronic monitoring 
equipment for that trip, or will be issued an at-sea/electronic 
monitoring waiver for that trip based upon the vessel selection 
protocol specified in paragraph (b)(6)(ii) of this section.
    (2) At-sea/electronic monitoring report. A report detailing area 
fished and the amount of each species kept and discarded shall be 
submitted electronically in a standard acceptable form to the 
appropriate Sector and NMFS within 48 hr of the completion of the trip, 
as instructed by the Regional Administrator. The data elements to be 
collected and the format for submission shall be specified by NMFS and 
distributed to all approved at-sea/electronic monitoring service 
providers and Sectors. At-sea/electronic monitoring data shall not be 
accepted until such data pass automated NMFS data quality checks.
    (iv) Safety hazards--(A) Vessel requirements. The operator of a 
Sector vessel must detail and identify any safety hazards to any at-sea 
monitor assigned pursuant to paragraph (b)(6)(iii)(B)(1) of this 
section prior to leaving port. A vessel cannot begin a trip if it has 
failed a review of safety issues pursuant to paragraph (b)(6)(iv)(B) of 
this section, until the identified safety deficiency has been resolved 
pursuant to Sec.  600.746(i).
    (B) At-sea/electronic monitoring service provider requirements. An 
at-sea monitor must complete a pre-trip vessel safety checklist 
provided by NMFS before an at-sea monitor can leave port onboard a 
vessel on a Sector trip. If the vessel fails a review of safety issues 
pursuant to this paragraph (b)(6)(iv)(B), an at-sea monitor cannot be 
deployed on that vessel for that trip.
    (v) Adjustment to operational standards. The at-sea/electronic 
monitoring operational standards specified in paragraph (b)(6) of this 
section may be revised by the Regional Administrator in a manner 
consistent with the Administrative Procedure Act.
    (c) Approval of a Sector and granting of exemptions by the Regional 
Administrator. (1) Once the Regional Administrator has made a 
preliminary determination that the documents submitted pursuant to 
paragraphs (a)(1), (b)(2), and (b)(3) of this section appear to comply 
with the requirements of this section, NMFS may consult with the 
Council and approve or disapprove Sector operations consistent with the 
Administrative Procedure Act and other applicable law.
    (2) If a Sector is approved, the Regional Administrator shall issue 
a letter of authorization to each vessel operator and/or vessel owner 
participating in the Sector. The letter of authorization shall 
authorize participation in the Sector operations and may exempt 
participating vessels from any Federal fishing regulation, except those 
specified in paragraphs (c)(2)(i) and (ii) of this section, in order to 
allow vessels to fish in accordance with an approved operations plan, 
provided such exemptions are consistent with the goals and objectives 
of the FMP. The letter of authorization may also include requirements 
and conditions deemed necessary to ensure effective administration of, 
and compliance with, the operations plan and the Sector allocation. 
Solicitation of public comment on, and NMFS final determination on such 
exemptions shall be consistent with paragraphs (c)(1) and (2) of this 
section.
    (i) Regulations that may not be exempted for Sector participants. 
The Regional Administrator may not exempt participants in a Sector from 
the following Federal fishing regulations: NE multispecies year-round 
closure areas, permitting restrictions (e.g., vessel upgrades, etc.), 
gear restrictions designed to minimize habitat impacts (e.g., roller 
gear restrictions, etc.), and reporting requirements (not including DAS 
reporting requirements or SAP-specific reporting requirements specified 
in this part). This list may be modified through a framework 
adjustment, as specified in Sec.  648.90.
    (ii) Universal Sector exemptions. All Sector vessels are exempt 
from the following Federal fishing regulations under this part:
    (A) Trip limits on NE multispecies stocks for which a Sector 
receives an allocation of ACE pursuant to paragraph (b)(1)(i) of this 
section (i.e., all stocks except Atlantic halibut, ocean pout, 
windowpane flounder, SNE/MA winter flounder, and Atlantic wolffish);
    (B) The GOM Rolling Closure Areas and the GB Seasonal Closed Area 
specified in Sec.  648.82(f)(1) and (g), respectively, provided Sector 
vessels comply with the Sector-specific GOM Rolling Closure Areas 
specified in Sec.  648.81(f)(2)(vi);
    (C) NE multispecies DAS restrictions other than those required to 
comply with effort controls in other fisheries, as specified in 
Sec. Sec.  648.92 and 648.322; and
    (D) The minimum codend mesh size restrictions for trawl gear 
specified in Sec.  648.80(a)(4)(i) when using a haddock separator trawl 
defined in Sec.  648.85(a)(3)(iii) or the Ruhle trawl defined in Sec.  
648.85(b)(6)(iv)(J)(3) within the GB RMA, as defined in Sec.  
648.80(a)(2), provided Sector vessels use a codend with 6-inch (15.2-
cm) minimum mesh.
    (3) The Regional Administrator may withdraw approval of a Sector, 
after consultation with the Council, at any time, if it is determined 
that Sector participants are not complying with the requirements of an 
approved operations

[[Page 69461]]

plan or that the continuation of the operations plan will undermine 
achievement of fishing mortality objectives of the FMP. Withdrawal of 
approval of a Sector may only be done in a manner consistent with the 
Administrative Procedure Act and other applicable law.
    (d) Approved Sector allocation proposals. Eligible NE multispecies 
vessels, as specified in paragraph (a)(3) of this section, may 
participate in the Sectors identified in paragraphs (d)(1) through (19) 
of this section, provided the operations plan is approved by the 
Regional Administrator in accordance with paragraph (c) of this section 
and each participating vessel and vessel operator and/or vessel owner 
complies with the requirements of the operations plan, the requirements 
and conditions specified in the letter of authorization issued pursuant 
to paragraph (c) of this section, and all other requirements specified 
in this section. All operational aspects of these Sectors shall be 
specified pursuant to the operations plan and Sector contract, as 
required by this section.
    (1) GB Cod Hook Sector.
    (2) GB Cod Fixed Gear Sector.
    (3) Sustainable Harvest Sector.
    (4) Port Clyde Community Groundfish Sector.
    (5) Northeast Fishery Sector I.
    (6) Northeast Fishery Sector II.
    (7) Northeast Fishery Sector III.
    (8) Northeast Fishery Sector IV.
    (9) Northeast Fishery Sector V.
    (10) Northeast Fishery Sector VI.
    (11) Northeast Fishery Sector VII.
    (12) Northeast Fishery Sector VIII.
    (13) Northeast Fishery Sector IX.
    (14) Northeast Fishery Sector X.
    (15) Northeast Fishery Sector XI.
    (16) Northeast Fishery Sector XII.
    (17) Northeast Fishery Sector XIII.
    (18) Tristate Sector.
    (19) Northeast Coastal Communities Sector.
    16. In Sec.  648.88, revise paragraph (a)(1) to read as follows:


Sec.  648.88  Multispecies open access permit restrictions.

    (a) * * *
    (1) The vessel may possess and land up to 200 lb (90.7 kg) of cod 
and up to the landing and possession limit restrictions for other NE 
multispecies specified in Sec.  648.86, provided the vessel complies 
with the restrictions specified in paragraph (a)(2) of this section. 
Should the GOM cod trip limit specified in Sec.  648.86(b)(1) be 
adjusted in the future, the cod trip limit specified in this paragraph 
(a)(1) shall be adjusted proportionally (rounded up to the nearest 25 
lb (11.3 kg)).
* * * * *
    17. In Sec.  648.89, revise the introductory text to paragraph (c); 
revise paragraphs (a), (b)(1), (b)(4), (c)(1)(v), and (c)(2)(v); and 
add paragraphs (c)(5) and (f) to read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

    (a) Recreational gear restrictions. Persons aboard charter/party 
vessels permitted under this part and not fishing under the DAS program 
or under the restrictions and conditions of an approved Sector 
operations plan, as specified in Sec.  648.87(c), and recreational 
fishing vessels in the EEZ, are prohibited from fishing with more than 
one line per angler, and must stow all other fishing gear on board the 
vessel as specified in Sec.  648.23(b).
    (b) * * *
    (1) Minimum fish sizes. Unless further restricted under paragraph 
(b)(3) of this section, persons aboard charter/party vessels permitted 
under this part and not fishing under the NE multispecies DAS program 
or under the restrictions and conditions of an approved Sector 
operations plan, and recreational fishing vessels in or possessing fish 
from the EEZ, may not possess fish smaller than the minimum fish sizes, 
measured in total length (TL), as follows:

------------------------------------------------------------------------
                  Species                           Size (inches)
------------------------------------------------------------------------
Cod.......................................  22 (55.9 cm).
Haddock...................................  18 (45.7 cm).
Pollock...................................  19 (48.3 cm).
Witch flounder (gray sole)................  14 (35.6 cm).
Yellowtail flounder.......................  13 (33.0 cm).
American plaice (dab).....................  14 (35.6 cm).
Atlantic halibut..........................  41 (104.1 cm).
Winter flounder (blackback)...............  12 (30.5 cm).
Redfish...................................  9 (22.9 cm).
------------------------------------------------------------------------

* * * * *
    (4) Fish fillets, or parts of fish, must have at least 2 square 
inches (5.1 square cm) of skin on while possessed on board a vessel and 
at the time of landing in order to meet minimum size requirements. The 
skin must be contiguous and must allow ready identification of the fish 
species.
* * * * *
    (c) Possession restrictions.
    (1) * * *
    (v) Seasonal GOM cod possession prohibition. Persons aboard private 
recreational fishing vessels fishing in the GOM Regulated Mesh Area 
specified in Sec.  648.80(a)(1) may not fish for or possess any cod 
from November 1 through April 15. Private recreational vessels in 
possession of cod caught outside the GOM Regulated Mesh Area may 
transit this area, provided all bait and hooks are removed from fishing 
rods and any cod on board has been gutted and stored.
* * * * *
    (2) * * *
    (v) Seasonal GOM cod possession prohibition. Persons aboard 
charter/party fishing vessels permitted under this part and not fishing 
under the NE multispecies DAS program or on a Sector trip that are 
fishing in the GOM Regulated Mesh Area specified in Sec.  648.80(a)(1) 
may not fish for, possess, or land any cod from November 1 through 
April 15. Charter/party vessels in possession of cod caught outside the 
GOM Regulated Mesh Area may transit this area, provided all bait and 
hooks are removed from fishing rods and any cod on board has been 
gutted and stored.
* * * * *
    (5) Atlantic wolffish. Possession of Atlantic wolffish by charter/
party vessels permitted under this part and not fishing under the NE 
multispecies DAS program and recreational fishing vessels fishing in 
the EEZ is prohibited.
* * * * *
    (f) Recreational fishery AM--(1) Catch evaluation. As soon as 
recreational catch data are available for the entire previous fishing 
year, the Regional Administrator will evaluate whether recreational 
catches exceed any of the sub-ACLs specified for the recreational 
fishery pursuant to Sec.  648.90(a)(4). When evaluating recreational 
catch, the components of recreational catch that are used shall be the 
same as those used in the most recent assessment for that particular 
stock. To determine if the regulated species or ocean pout sub-ACL 
specified for the recreational fishery was exceeded, the Regional 
Administrator shall compare the 3-year average of recreational catch to 
the 3-year average of the recreational sub-ACL for each stock, as 
follows:
    (i) For fishing year 2010, recreational catch shall be compared to 
the recreational sub-ACL for that stock for fishing year 2010.
    (ii) For fishing year 2011, the average recreational catch for 
fishing years 2010 and 2011 shall be compared to the average 
recreational sub-ACLs for that stock during fishing years 2010 and 
2012.
    (iii) Starting in fishing year 2012, the 3-year average 
recreational catch shall be compared to the 3-year average of the 
recreational sub-ACLs for that stock.
    (2) Measure adjustment. If it is determined that any recreational 
sub-ACL was exceeded, as specified in paragraph (f)(1) of this section, 
the

[[Page 69462]]

Regional Administrator, after consultation with the New England Fishery 
Management Council, shall develop measures necessary to prevent the 
recreational fishery from exceeding the appropriate sub-ACL in future 
years. Appropriate AMs for the recreational fishery, including 
adjustments to fishing season, minimum fish size, or possession limits, 
may be implemented in a manner consistent with the Administrative 
Procedure Act, with final measures published in the Federal Register no 
later than January when possible. Separate AMs shall be developed for 
the private and charter/party components of the recreational fishery.
    18. In Sec.  648.90, revise the introductory text for this section 
and paragraph (a); revise paragraphs (a)(2)(i) through (iv), 
(a)(2)(vi), and (c)(1)(i); and add paragraphs (a)(4) through (6) to 
read as follows:


Sec.  648.90  NE multispecies assessment, framework procedures, setting 
of ACLs and other allocations, AMs, specifications, and flexible area 
action system.

    For the NE multispecies framework specification process described 
in this section, the regulated species and ocean pout biennial review 
is considered a separate process from the small-mesh species annual 
review, as described under paragraphs (a)(2) and (b), respectively, of 
this section. In addition, the process for specifying ABCs and 
associated ACLs for regulated species and ocean pout, as described in 
paragraph (a)(4) of this section, is considered a separate process from 
the small-mesh species ABC and ACL process.
    (a) NE multispecies. For the purpose of this paragraph (a), the 
term ``NE multispecies fishery'' is defined as common pool vessels, 
Sector vessels, and private recreational and charter/party vessels, as 
defined in this part; the term ``NE multispecies commercial fishery'' 
is defined as vessels issued a limited access NE multispecies permit, 
or an open access NE multispecies Handgear B permit; and the term ``NE 
multispecies recreational fishery'' is defined as private recreational 
vessels and charter or party boats, as further defined in this part.
* * * * *
    (2) * * *
    (i) The NE multispecies PDT shall meet on or before September 30 
every other year, unless otherwise specified in paragraph (a)(3) of 
this section, under the conditions specified in that paragraph, to 
perform a review of the fishery, using the most current scientific 
information available provided primarily from the NEFSC. Data provided 
by states, ASMFC, the USCG, and other sources may also be considered by 
the PDT. Based on this review, the PDT will develop ACLs for the 
upcoming fishing year(s) as described in paragraph (a)(4) of this 
section and develop options for consideration by the Council if 
necessary, on any changes, adjustments, or additions to DAS 
allocations, closed areas, or other measures necessary to rebuild 
overfished stocks and achieve the FMP goals and objectives, including 
changes to the Northeast Region SBRM.
    (ii) The PDT shall review available data pertaining to: Catch and 
landings, discards, DAS allocations, DAS use, Sector operations, and 
other measures of fishing effort; survey results; stock status; current 
estimates of fishing mortality and overfishing levels; social and 
economic impacts; enforcement issues; and any other relevant 
information.
    (iii) Based on this review, the PDT shall recommend ACLs and 
develop options necessary to achieve the FMP goals and objectives, 
which may include a preferred option. The PDT must demonstrate through 
analyses and documentation that the options they develop are expected 
to meet the FMP goals and objectives. The PDT may review the 
performance of different user groups or fleet Sectors in developing 
options. The range of options developed by the PDT may include any of 
the management measures in the FMP, including, but not limited to: 
ACLs, which must be based on the projected fishing mortality levels 
required to meet the goals and objectives outlined in the FMP for the 
12 regulated species and ocean pout if able to be determined; 
identification and distribution of ACLs and other sub-components of the 
ACLs among various segments of the fishery; AMs; DAS changes; 
possession limits; gear restrictions; closed areas; permitting 
restrictions; minimum fish sizes; recreational fishing measures; 
description and identification of EFH; fishing gear management measures 
to protect EFH; designation of habitat areas of particular concern 
within EFH; and changes to the Northeast Region SBRM, including the CV-
based performance standard, the means by which discard data are 
collected/obtained, fishery stratification, reports, and/or industry-
funded observers or observer set-aside programs. In addition, the 
following conditions and measures may be adjusted through future 
framework adjustments: Revisions to DAS measures, including DAS 
allocations (such as the distribution of DAS among the four categories 
of DAS), future uses for Category C DAS, and DAS baselines, adjustments 
for steaming time, etc.; modifications to capacity measures, such as 
changes to the DAS transfer or DAS leasing measures; calculation of 
area-specific ACLs, area management boundaries, and adoption of area-
specific management measures; Sector allocation requirements and 
specifications, including the establishment of a new Sector, the 
disapproval of an existing Sector, and the allowable percent of ACL 
available to a Sector through a Sector allocation; Sector 
administration provisions, including at-sea and dockside monitoring 
measures; Sector reporting requirements; measures to implement the 
U.S./Canada Resource Sharing Understanding, including any specified 
TACs (hard or target); changes to administrative measures; additional 
uses for Regular B DAS; reporting requirements; the GOM Inshore 
Conservation and Management Stewardship Plan; adjustments to the 
Handgear A or B permits; gear requirements to improve selectivity, 
reduce bycatch, and/or reduce impacts of the fishery on EFH; SAP 
modifications; revisions to the ABC control rule and status 
determination criteria, including, but not limited to, changes in the 
target fishing mortality rates, minimum biomass thresholds, numerical 
estimates of parameter values, and the use of a proxy for biomass may 
be made either through a biennial adjustment or framework adjustment; 
and any other measures currently included in the FMP.
    (iv) The Council shall review the ACLs recommended by the PDT and 
all of the options developed by the PDT and other relevant information; 
consider public comment; and develop a recommendation to meet the FMP 
objectives pertaining to regulated species or ocean pout that is 
consistent with applicable law. If the Council does not submit a 
recommendation that meets the FMP objectives and is consistent with 
applicable law, the Regional Administrator may adopt any option 
developed by the PDT, unless rejected by the Council, as specified in 
paragraph (a)(2)(vii) of this section, provided the option meets the 
FMP objectives and is consistent with applicable law.
* * * * *
    (vi) If the Council submits, on or before December 1, a 
recommendation to the Regional Administrator after one Council meeting, 
and the Regional Administrator concurs with the recommendation, the 
Regional Administrator shall publish the

[[Page 69463]]

Council's recommendation in the Federal Register as a proposed rule 
with a 30-day public comment period. The Council may instead submit its 
recommendation on or before February 1, if it chooses to follow the 
framework process outlined in paragraph (c) of this section, and 
requests that the Regional Administrator publish the recommendation as 
a final rule, in a manner consistent with the Administrative Procedure 
Act. If the Regional Administrator concurs that the Council's 
recommendation meets the FMP objectives and is consistent with other 
applicable law, and determines that the recommended management measures 
should be published as a final rule, the action will be published as a 
final rule in the Federal Register, in a manner consistent with the 
Administrative Procedure Act. If the Regional Administrator concurs 
that the recommendation meets the FMP objectives and is consistent with 
other applicable law and determines that a proposed rule is warranted, 
and, as a result, the effective date of a final rule falls after the 
start of the fishing year on May 1, fishing may continue. However, DAS 
used or regulated species or ocean pout landed by a vessel on or after 
May 1 will be counted against any DAS or Sector ACE allocation the 
vessel or Sector ultimately receives for that year, as appropriate.
* * * * *
    (4) Process for setting ABCs and ACLs--(i) ABC/ACL recommendations. 
As described in this paragraph (a)(4), with the exception of stocks 
managed by the Understanding, the PDT shall develop recommendations for 
setting an ABC, ACL, and OFL for each NE multispecies stock for each of 
the next 3 years as part of the biennial review process specified in 
paragraph (a)(2) of this section. ACLs can also be specified based upon 
updated information in the annual SAFE report, as described in 
paragraph (a)(1) of this section, and other available information as 
part of a specification package, as described in paragraph (a)(5) of 
this section. For NE multispecies stocks or stock components managed 
under both the NE Multispecies FMP and the Understanding, the PDT shall 
develop recommendations for ABCs, ACLs, and OFLs for the pertinent 
stock or stock components annually, as described in this paragraph 
(a)(4) and Sec.  648.85(a)(2).
    (A) ABC recommendations. The PDT shall develop ABC recommendations 
based on the ABC control rule, the fishing mortality rate necessary to 
rebuild the stock, guidance from the SSC, and any other available 
information. The PDT recommendations shall be reviewed by the SSC. 
Guided by terms of reference developed by the Council, the SSC shall 
either concur with the ABC recommendations provided by the PDT, or 
provide alternative recommendations for each stock of regulated species 
or ocean pout and describe the elements of scientific uncertainty used 
to develop its recommendations. Should the SSC recommend an ABC that 
differs from that originally recommend by the PDT, the PDT shall revise 
its ACL recommendations if necessary to be consistent with the ABC 
recommendations made by the SSC. In addition to consideration of ABCs, 
the SSC may consider other related issues specified in the terms of 
reference developed by the Council, including, but not limited to, 
OFLs, ACLs, and management uncertainty.
    (B) ACL recommendations. The PDT shall develop ACL recommendations 
based upon ABCs recommended by the SSC and the pertinent 
recommendations of the Transboundary Management Guidance Committee 
(TMGC). The ACL recommendations of the PDT shall be specified based 
upon total catch for each stock (including both landings and discards), 
if that information is available. The PDT shall describe the steps 
involved with the calculation of the recommended ACLs and uncertainties 
and risks considered when developing these recommendations, including 
whether different levels of uncertainties were used for different sub-
components of the fishery and whether ACLs have been exceeded in recent 
years. Based upon the ABC recommendations of the SSC and the ACL 
recommendations of the PDT, the Council shall adopt ACLs that are equal 
to or lower than the ABC recommended by the SSC to account for 
management uncertainty in the fishery.
    (ii) Timing. The PDT recommendations for setting ABCs and ACLs 
shall be provided to the SSC prior to the September Council meeting, to 
the extent possible. The Council shall consider the ABC recommendations 
of the SSC and the ACL recommendations of the PDT (and TMGC) and shall 
make a decision on those recommendations prior to December 1, to the 
extent possible. Once the Council has approved its recommended ACLs, 
they shall be submitted to NMFS prior to December 1, to the extent 
possible for approval and implementation. If the Council is submitting 
a management action as part of the biennial adjustment process, the 
ACLs can be included in that document along with any necessary analysis 
required by applicable law. After receipt of the Council recommendation 
for ACLs, either as part of a new management action or as part of a 
specification package, as described in paragraph (a)(5) of this 
section, NMFS shall review the Council's decision and, if consistent 
with applicable law, implement the ACL in a manner consistent with the 
Administrative Procedure Act.
    (iii) ABC/ACL distribution. The ABCs/ACLs adopted by the Council 
for each regulated species or ocean pout stock pursuant to this 
paragraph (a)(4) shall be subdivided among the various sub-components 
of the fishery, as specified in paragraphs (a)(4)(iii)(A) through (E) 
of this section. For transboundary stocks managed by the Understanding, 
pursuant to Sec.  648.85(a), the distribution of ABC/ACLs described in 
paragraphs (a)(4)(iii)(A) through (E) of this section shall be based 
upon the catch available to U.S. fishermen. The Council may revise its 
recommendations for the distribution of ABCs and ACLs among these and 
other sub-components through the process to specify ABCs and ACLs, as 
described in this paragraph (a)(4).
    (A) Regulated species or ocean pout catch by vessels outside of the 
FMP. The catch of regulated species or ocean pout that is expected to 
be harvested by vessels operating in state waters that have not been 
issued a Federal NE multispecies permit and are not subject to the 
regulations specified in this part shall be deducted from the ABC/ACL 
of each regulated species or ocean pout stock pursuant to the process 
for specifying ABCs and ACLs, as described in this paragraph (a)(4).
    (B) Regulated species or ocean pout catch by exempted fisheries. 
Regulated species or ocean pout catch by other, non-specified sub-
components of the fishery, including, but not limited to, exempted 
fisheries that occur in Federal waters and fisheries harvesting 
exempted species specified in Sec.  648.80(b)(3) shall be deducted from 
the ABC/ACL of each regulated species or ocean pout stock, pursuant to 
the process to specify ABCs and ACLs described in this paragraph 
(a)(4). The catch of these non-specified sub-components of the ACL 
shall be monitored using data collected pursuant to this part. If catch 
from such fisheries exceeds the amount specified in this paragraph 
(a)(4)(iii)(B), AMs shall be developed to prevent the overall ACL for 
each stock from being exceeded, pursuant to the framework adjustment 
process specified in this section.
    (C) Yellowtail flounder catch by the Atlantic sea scallop fishery. 
Yellowtail flounder catch in the Atlantic sea

[[Page 69464]]

scallop fishery, as defined in subpart D, shall be deducted from the 
ABC/ACL for each yellowtail flounder stock pursuant to the restrictions 
specified in subpart D of this part and the process to specify ABCs and 
ACLs, as described in paragraph (a)(4) of this section. Unless 
otherwise specified in subpart D of this part, the specific value of 
the sub-components of the ABC/ACL for each stock of yellowtail flounder 
distributed to the Atlantic sea scallop fishery shall be specified 
pursuant to the biennial adjustment process specified in paragraph 
(a)(2) of this section. At a minimum, these values must be consistent 
with the incidental catch amounts for yellowtail flounder specified for 
the closed area access programs described in Sec. Sec.  648.60(a)(5) 
and 648.85(c).
    (D) Haddock catch by the Atlantic herring fishery. The GOM and GB 
haddock ABC/ACL shall each be reduced by 0.2 percent to account for 
haddock bycatch in the Atlantic herring fishery, pursuant to the 
restrictions at Sec. Sec.  648.85(d) and 648.86(a)(3) and pursuant to 
the process for specifying ABCs and ACLs described in this paragraph 
(a)(4).
    (E) Regulated species or ocean pout catch by the NE multispecies 
commercial and recreational fisheries. Unless otherwise specified in 
the ACL recommendations developed pursuant to paragraph (a)(4)(i)(B), 
after all of the deductions and considerations specified in paragraphs 
(a)(4)(iii)(A) through (D) of this section, the remaining ABC/ACL for 
each regulated species or ocean pout stock shall be allocated to the NE 
multispecies commercial fishery, pursuant to this paragraph 
(a)(4)(iii)(E).
    (1) Recreational allocation. Unless otherwise specified in 
paragraph (a)(5) of this section, recreational catches shall be 
compared to the ACLs allocated pursuant to this paragraph 
(a)(4)(iii)(E)(1) for the purposes of determining whether adjustments 
to recreational measures are necessary, pursuant to the recreational 
fishery AMs specified in Sec.  648.89(f).
    (i) Stocks allocated. Unless otherwise specified in this paragraph 
(a)(4)(iii)(E)(1), the ABCs/ACLs for GOM cod and GOM haddock available 
to the NE multispecies fishery pursuant to paragraph (a)(4)(iii)(E) of 
this section shall be divided between commercial and recreational 
components of the fishery, based upon the average proportional catch of 
each component for each stock during fishing years 2001 through 2006.
    (ii) Process for determining if a recreational allocation is 
necessary. A recreational allocation may not be made if it is 
determined that, based upon available information, the ACLs for these 
stocks are not being fully harvested by the NE multispecies fishery, or 
if the recreational harvest, after accounting for state waters catch 
pursuant to paragraph (a)(4)(iii)(A) of this section, is less than 5 
percent of the overall catch for a particular stock of regulated 
species or ocean pout.
    (2) Commercial allocation. The ABC/ACL for regulated species or 
ocean pout stocks available to the commercial NE multispecies fishery, 
after consideration of the recreational allocation pursuant to 
paragraph (a)(4)(iii)(E)(1) of this section, shall be divided between 
vessels operating under approved Sector operations plans, as described 
at Sec.  648.87(c), and vessels operating under the provisions of the 
common pool, as defined in this part, based upon the cumulative PSCs of 
vessels participating in Sectors calculated pursuant to Sec.  
648.87(b)(1)(i)(E). Unless otherwise specified in paragraph (a)(5) of 
this section, regulated species or ocean pout catch by common pool and 
Sector vessels shall be deducted from the sub-ACL/ACE allocated 
pursuant to this paragraph (a)(4)(iii)(E)(2) for the purposes of 
determining whether adjustments to common pool measures are necessary, 
pursuant to the common pool AMs specified in Sec.  648.82(n), or 
whether Sector ACE overages must be deducted, pursuant to Sec.  
648.87(b)(1)(iii).
    (3) Revisions to commercial and recreational allocations. 
Distribution of the ACL for each stock available to the NE multispecies 
fishery between and among commercial and recreational components of the 
fishery may be implemented through a framework adjustment pursuant to 
this section. Any changes to the distribution of ACLs to the NE 
multispecies fishery shall not affect the implementation of AMs based 
upon the distribution in effect at the time of the overage that 
triggered the AM.
    (iv) ACL monitoring--(A) Landings. For the purposes of monitoring 
the catch of regulated species or ocean pout towards the harvest of 
ACLs and other, non-specified sub-components of the ACLs specified in 
paragraph (a)(4) of this section, the reporting requirements specified 
in this part, including dealer reports, VTRs, VMS catch reports, Sector 
catch reports, and other available information shall be used to 
identify and apportion regulated species or ocean pout landings by 
stock area.
    (B) Discards. Unless otherwise specified in this paragraph 
(a)(4)(iv)(B), regulated species or ocean pout discards shall be 
monitored through the use of VTRs, observer data, VMS catch reports, 
and other available information, as specified in this part. Regulated 
species or ocean pout discards by vessels on a Sector trip shall be 
monitored pursuant to paragraph (b)(1)(v)(A) of this section.
    (v) Adjustments to ACLs. The Council may elect to revise the ACL 
for any regulated species or ocean pout stock in the second fishing 
year following a biennial review to account for any overages of an ACL 
in year one that may result in overfishing for a particular stock. Any 
adjustments to the ACLs in year two will be implemented pursuant to the 
process to specify ABCs and ACLs, as described in paragraph (a)(4) of 
this section.
    (5) AMs. Except as specified in paragraphs (a)(4)(iii)(A) and (D) 
of this section, if any of the ACLs specified in paragraph (a)(4) of 
this section are exceeded based upon available catch information, the 
AMs specified in paragraphs (a)(5)(i) and (ii) of this section shall 
take effect in the following fishing year, or as soon as practicable, 
thereafter, once catch data for all affected fisheries are available, 
as applicable.
    (i) AMs for the NE multispecies commercial and recreational 
fisheries. If the catch of regulated species or ocean pout by a sub-
component of the NE multispecies fishery (i.e., common pool vessels, 
Sector vessels, or private recreational and charter/party vessels) 
exceeds the amount allocated to each sub-component, as specified in 
paragraph (a)(4)(iii)(E) of this section, then the applicable AM for 
that sub-component of the fishery shall take effect, pursuant to 
paragraphs (a)(5)(i)(A) through (C) of this section. In determining the 
applicability of AMs specified for a sub-component of the NE 
multispecies fishery in paragraphs (a)(5)(i)(A) through (C) of this 
section, the Regional Administrator shall consider available 
information regarding the catch of regulated species and ocean pout by 
each sub-component of the NE multispecies fishery, plus each sub-
component's share of any overage of the overall ACL for a particular 
stock caused by excessive catch by vessels outside of the FMP, exempted 
fisheries, or the Atlantic sea scallop fishery, as specified in this 
paragraph (a)(5), as appropriate.
    (A) Excessive catch by common pool vessels. If the catch of 
regulated species and ocean pout by common pool vessels exceeds the 
amount of the ACL specified for common pool vessels pursuant to 
paragraph (a)(4)(iii)(E)(2) of this section, then the AMs described in 
Sec.  648.82(n) shall take effect. If such catch does not exceed the 
portion of the ACL specified for common pool vessels

[[Page 69465]]

pursuant to paragraph (a)(4)(iii)(E)(2) of this section, then no AMs 
shall take effect for common pool vessels.
    (B) Excessive catch by Sector vessels. If the catch of regulated 
species and ocean pout by Sector vessels exceeds the amount of the ACL 
specified for Sector vessels pursuant to paragraph (a)(4)(iii)(E)(2) of 
this section, then the AMs described in Sec.  648.87(b)(1)(iii) shall 
take effect. For the purposes of this paragraph (a)(5)(i)(B), the catch 
of regulated species and ocean pout for each Sector approved pursuant 
to Sec.  648.87 shall be based upon the catch of vessels participating 
in each approved Sector. If such catch does not exceed the portion of 
the ACL specified for an individual Sector pursuant to paragraph 
(a)(4)(iii)(E)(2) of this section, then no AMs shall take effect for 
that Sector.
    (C) Excessive catch by the NE multispecies recreational fishery. If 
the catch of regulated species and ocean pout by private recreational 
and charter/party vessels exceeds the amount of the ACL specified for 
the recreational fishery pursuant to paragraph (a)(4)(iii)(E)(1) of 
this section, then the AMs described in Sec.  648.89(f) shall take 
effect. If such catch does not exceed the portion of the ACL specified 
for the recreational fishery pursuant to paragraph (a)(4)(iii)(E)(1) of 
this section, then no AMs shall take effect for the recreational 
fishery.
    (ii) AMs if the overall ACL for a regulated species or ocean pout 
stock is exceeded. If the catch of any stock of regulated species or 
ocean pout by vessels fishing outside of the NE multispecies fishery, 
including the catch of regulated species or ocean pout by vessels 
fishing in state waters outside of the FMP, or in exempted fisheries, 
as defined in this part, or the catch of yellowtail flounder by the 
Atlantic sea scallop fishery, exceeds the sub-component of the ACL for 
that stock specified for such fisheries pursuant to paragraphs 
(a)(4)(iii)(A) through (C) of this section, and the overall ACL for 
that stock is exceeded, then the amount of the overage of the overall 
ACL for that stock shall be distributed among components of the NE 
multispecies fishery based upon each component's share of that stock's 
ACL available to the NE multispecies fishery pursuant to paragraph 
(a)(4)(iii)(E) of this section. Each component's share of the ACL 
overage for a particular stock would be then added to the catch of that 
stock by each component of the NE multispecies fishery to determine if 
the resulting sum of catch of that stock for each component of the 
fishery exceeds that individual component's share of that stock's ACL 
available to the NE multispecies fishery. If the total catch of that 
stock by any component of the NE multispecies fishery exceeds the 
amount of the ACL specified for that component of the NE multispecies 
fishery pursuant to paragraph (a)(4)(iii)(E) of this section, then the 
AMs specified in paragraphs (a)(5)(i)(A) through (C) of this section 
shall take effect, as applicable. If the catch of any stock of 
regulated species or ocean pout by vessels outside of the FMP exceeds 
the sub-component of the ACL for that stock specified pursuant to 
paragraphs (a)(4)(iii)(A) through (C) of this section, but the overall 
ACL for that stock is not exceeded, even after consideration of the 
catch of that stock by other sub-components of the fishery, then the 
AMs specified in this paragraph (a)(5)(ii) shall not take effect.
    (6) Specifications process--(i) PDT recommendations. Unless 
otherwise developed pursuant to the biennial review process specified 
in paragraph (a)(2) of this section, the PDT shall develop 
recommendations for setting ACLs for each regulated species or ocean 
pout, including ACLs for stocks managed by the Understanding; revising 
rebuilding programs and associated management measures; or modifying 
AMs for consideration by the Council's Groundfish Oversight Committee 
based upon the SAFE report prepared pursuant to paragraph (a)(1) of 
this section. If the Council determines, based on information provided 
by the PDT or other stock-related information, that the ACLs should be 
adjusted between biennial reviews, it can do so through the same 
process outlined in this section during the interim year.
    (ii) Guidelines. As the basis for its recommendations under 
paragraph (a)(5)(i) of this section, the PDT shall review available 
data pertaining to: Commercial and recreational catch data; current 
estimates of fishing mortality; discards; stock status; recent 
estimates of recruitment; virtual population analysis results and other 
estimates of stock size; sea sampling and trawl survey data or, if sea 
sampling data are unavailable, length frequency information from trawl 
surveys; impact of other fisheries on herring mortality; and any other 
relevant information.
    (iii) Groundfish Oversight Committee recommendations. Based on the 
PDT's recommendations and any public comment received, the Groundfish 
Oversight Committee shall recommend to the Council appropriate 
specifications for a period of at least 1 year. The Council shall 
review these recommendations and, after considering public comment, 
shall recommend appropriate specifications to NMFS. NMFS shall review 
the recommendations and publish proposed specifications in a manner 
consistent with the Administrative Procedure Act. If the proposed 
specifications differ from those recommended by the Council, the 
reasons for any differences shall be clearly stated.
    (iv) Analysis. Any specifications package developed pursuant to 
this paragraph (a)(5) shall be supported by the appropriate NEPA 
analysis, which shall be made available for public comment.
    (c) * * *
    (1) * * *
    (i) After a management action has been initiated, the Council shall 
develop and analyze appropriate management actions over the span of at 
least two Council meetings. The Council shall provide the public with 
advance notice of the availability of both the proposals and the 
analyses and opportunity to comment on them prior to and at the second 
Council meeting. The Council's recommendation on adjustments or 
additions to management measures, other than to address gear conflicts, 
must come from one or more of the following categories: DAS changes, 
effort monitoring, data reporting, possession limits, gear 
restrictions, closed areas, permitting restrictions, crew limits, 
minimum fish sizes, onboard observers, minimum hook size and hook 
style, the use of crucifer in the hook-gear fishery, Sector 
requirements, recreational fishing measures, area closures and other 
appropriate measures to mitigate marine mammal entanglements and 
interactions, description and identification of EFH, fishing gear 
management measures to protect EFH, designation of habitat areas of 
particular concern within EFH, changes to the Northeast Region SBRM, 
and any other management measures currently included in the FMP. In 
addition, the Council's recommendation on adjustments or additions to 
management measures pertaining to small-mesh NE multispecies, other 
than to address gear conflicts, must come from one or more of the 
following categories: Quotas and appropriate seasonal adjustments for 
vessels fishing in experimental or exempted fisheries that use small 
mesh in combination with a separator trawl/grate (if applicable), 
modifications to separator grate (if applicable) and mesh 
configurations for fishing for small-mesh NE multispecies, adjustments 
to whiting stock boundaries for management purposes, adjustments for 
fisheries exempted from minimum mesh requirements to fish for small-
mesh NE multispecies (if applicable), season

[[Page 69466]]

adjustments, declarations, participation requirements for the 
Cultivator Shoal Whiting Fishery Exemption Area, and changes to the 
Northeast Region SBRM (including the CV-based performance standard, the 
means by which discard data are collected/obtained, fishery 
stratification, reports, and/or industry-funded observers or observer 
set-aside programs).
* * * * *
[FR Doc. E9-29854 Filed 12-22-09; 11:15 am]
BILLING CODE 3510-22-P