[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Rules and Regulations]
[Pages 18262-18353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7233]



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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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15 CFR Part 902

50 CFR Part 648



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

  Federal Register / Vol. 75 , No. 68 / Friday, April 9, 2010 / Rules 
and Regulations  

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 0808071078-0019-02]
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: Final rule.

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SUMMARY: This final rule implements measures approved under 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. 
This final rule also implements new requirements under Amendment 16 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 adds 
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, which indicate that several additional 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: Effective at 0001 hr on May 1, 2010.

ADDRESSES: Copies of Amendment 16, its Regulatory Impact Review (RIR), 
and 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 was 
summarized in the Classification section of the proposed rule. The 
Final Regulatory Flexibility Act (FRFA) analysis consists of the IRFA, 
public comments and responses, and the summary of impacts and 
alternatives contained in the Classification section of the preamble of 
this final rule. Copies of the small entity compliance guide and the 
Record of Decision for the FEIS associated with this action are 
available from Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930-2298. 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

    Amendment 13 (April 27, 2004; 69 FR 22906) 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 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 benchmark assessment and 
review of the biological reference points (Groundfish Assessment Review 
Meeting (GARM III)) was also part of the adaptive rebuilding strategy 
described in Amendment 13 to the FMP, which sought to evaluate the more 
fundamental scientific information mid-way through the rebuilding 
period for most stocks.
    GARM III, completed in August 2008, concluded that 11 stocks were 
still subject to overfishing (i.e., the fishing mortality rate (F) was 
above the F at maximum sustainable yield (MSY), or 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. Further 
survey data for pollock that became available in January 2009 indicated 
that pollock is also overfished and subject to overfishing. GARM III 
also indicated that some stocks improved in status from the previous 
assessment, with Gulf of Maine (GOM) haddock and Georges Bank (GB) 
haddock classified as rebuilt in 2000 and 2006, respectively, and GOM 
cod expected to be rebuilt by 2009.
    Amendment 16 was developed by the Council as part of the biennial 
adjustment process established in the FMP to update status 
determination criteria for all NE multispecies stocks; adopt rebuilding 
programs for groundfish stocks newly classified as being overfished and 
subject to overfishing; and revise management measures necessary to end 
overfishing, rebuild overfished groundfish stocks, and mitigate the 
adverse economic impacts of increased effort controls based upon the 
results of GARM III. In addition, Amendment 16 was developed to 
establish a mechanism to establish ACLs and AMs for each stock managed 
by the FMP, to comply with the Magnuson-Stevens Act.
    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. A notice of intent to prepare a supplemental EIS 
and hold scoping meetings designed to solicit public input on any 
revisions to management measures was published in the Federal Register 
on November 6, 2006 (71 FR 64941). In September 2008, the Council 
agreed to postpone implementation of Amendment 16 until the start of FY 
2010 on May 1, 2010, to provide additional time to further develop 
Amendment 16 measures, requesting that NMFS implement an interim action 
for FY 2009. 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,

[[Page 18263]]

2009. The Council adopted draft Amendment 16 management measures and an 
associated draft EIS (DEIS) at its February 2009 meeting. A notice of 
availability for the DEIS 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 was published in the 
Federal Register on October 23, 2009 (74 FR 54773), with public 
comments accepted through December 22, 2009. A separate notice of 
availability for the Amendment 16 FEIS, as submitted by the Council for 
review by the Secretary of Commerce (Secretary), was published on 
October 30, 2009 (74 FR 56194). A proposed rule to implement measures 
in Amendment 16 was published on December 31, 2009 (74 FR 69382), with 
public comments accepted through January 20, 2010. The Amendment 16 
proposed rule included a detailed description of the biennial 
adjustment process, the results of GARM III, the proposed management 
measures, and other factors that influenced the development of this 
action. A final decision to partially approve Amendment 16 was made on 
January 21, 2010.
    Three separate, but related rulemakings associated with Amendment 
16 have been published and, if approved, will be applicable to NE 
multispecies permit holders for FY 2010. The Amendment 16 proposed rule 
detailed rebuilding programs for NE multispecies stocks newly 
classified as being overfished and subject to overfishing and proposed 
revisions to existing management measures necessary to end overfishing, 
rebuild overfished stocks, and mitigate adverse economic impacts of 
increased effort controls. That rule also proposed significant 
revisions to sector management measures. A second proposed rule (74 FR 
68015, December 22, 2009) proposes FY 2010 operations plans and sector 
contracts for 17 sectors authorized by Amendment 16. A third proposed 
rule for Framework Adjustment (FW) 44 (75 FR 5016, February 1, 2010), 
proposed specifications of catch levels for FY 2010-2012, in accordance 
with the process approved in Amendment 16, and additional management 
measures to augment Amendment 16 measures.
    The final rules for Amendment 16, sector operations, and FW 44 are 
closely related it is necessary to implement all three rules in order 
for Amendment 16 to be implemented in its entirety for FY 2010, as 
intended by the Council. This final rule implements approved management 
measures in Amendment 16; the sector operations rule would authorize 
the operation of sectors in FY 2010, and FW 44 would set catch levels 
according to approved measures in Amendment 16 for FY 2010-2012. As a 
result, these three rulemakings have been published nearly 
simultaneously. Approved measures in all three actions will become 
effective concurrently on May 1, 2010. Therefore, NMFS suggests that 
interested readers review all three final rules in order to fully 
understand the measures being implemented.

Disapproved Measures

GOM Haddock Sink Gillnet Pilot Program

    This pilot program would have allowed all limited access NE 
multispecies vessels to target haddock in the GOM while using up to 30 
stand-up sink gillnets (tie-down gillnets would have been prohibited) 
consisting of 6-inch (15.24-cm) mesh, a mesh size that is less than the 
minimum mesh size currently required, from January through April of 
each year. This pilot program would have expired after 2 years, unless 
otherwise renewed by the Council. The Amendment 16 FEIS and recent 
catch data suggest that this pilot program, implemented on a fishery-
wide basis, could increase catch and, therefore, fishing mortality on 
GOM cod and pollock, stocks that require reductions in fishing 
mortality in order to rebuild under established rebuilding programs in 
the FMP, without substantially increasing the catch of haddock. 
Further, research used to support this pilot program concludes that 
further work must be done to reduce cod bycatch before a spring haddock 
gillnet fishery can be reestablished in the GOM and that, due to the 
low numbers of haddock caught in the study, the results of that 
research should not be used to support regulatory changes. Based upon 
this information, NMFS determined that the proposed pilot program is 
inconsistent with National Standards 1 and 9 of the Magnuson-Stevens 
Act because it could increase catch and fishing mortality, and may lead 
to excessive discards of overfished stocks of GOM cod and pollock. 
Moreover, it is inconsistent with the FMP provisions, including the 
special access program (SAP) provisions in Amendment 13; and Objectives 
3 (constrain fishing mortality to levels compliant with the Sustainable 
Fisheries Act), 4 (prevent overfishing), and 10 (minimize bycatch) of 
the FMP. Therefore, NMFS disapproved this measure in this action.

Approved Measures

1. Incorporation of Atlantic Wolffish Into the FMP

    Because this species was recently determined to be overfished and 
is occasionally caught by both the commercial and recreational NE 
multispecies fisheries, this action incorporates Atlantic wolffish into 
the FMP. Although the proposed rule indicated that the term ``regulated 
species'' would be revised to include large-mesh species, ocean pout, 
and Atlantic wolffish, this final rule revises that definition to only 
include large-mesh species and Atlantic wolffish, to accurately reflect 
that ocean pout will remain classified as a small-mesh species. Status 
determination criteria, a rebuilding plan, and management measures to 
rebuild this stock are also established through this action. 
Incorporation of this species into the FMP is consistent with section 
304(e) of the Magnuson-Stevens Act, which requires the development of 
regulations to end overfishing and rebuild a stock within 2 years of 
notice that the fishery is overfished.

2. Status Determination Criteria

    This final rule updates the status determination criteria (also 
known as biological reference points) for existing regulated species 
and ocean pout stocks based upon GARM III. Because this action adds 
Atlantic wolffish to the FMP, status determination criteria are also 
established for this species. Status determination criteria adopted by 
this action use F at 40 percent of maximum spawning potential (F40% 
MSP) as a proxy for FMSY for most of the age-based stocks. 
Spawning stock biomasses at MSY (SSBMSY) were calculated 
using F40% MSP, with an assumption on the recruitment that should occur 
at SSBMSY. GARM III represents the best scientific 
information available, so these updated status determination criteria 
are consistent with National Standard 2 of the Magnuson-Stevens Act. 
Table 1 lists the approved status determination criteria, and numerical 
estimates of these parameters are listed in Table 2.

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                                                     Table 1--Approved 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................  Southern New England    SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
                                      (SNE)/Mid-Atlantic
                                      (MA).
Yellowtail flounder................  Cape Cod (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 Approved Status Determination Criteria
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                                                                                                                       Maximum fishing
                                                                 Biomass target (Btarget)  Minimum biomass threshold      mortality
              Species                          Stock                      in mt              (\1/2\ Btarget) in mt    threshold  (FMSY      MSY in mt
                                                                                                                          or proxy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.................  ..........................  1,747-2,202..............  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 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, this action 
establishes rebuilding programs for these newly overfished stocks that 
begin in FY 2010. For witch flounder and GB winter flounder, the new 
rebuilding programs would rebuild these stocks by 2017, with a 75-
percent probability of success. The rebuilding programs established 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. 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. 
Because the life history of Atlantic wolffish is not well understood, 
there is

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considerable uncertainty in the evaluation of stock status and stock 
projections and a rebuilding period or a rebuilding F for this species 
at this time. Measures to reduce F for this stock are implemented by 
this action, as described below.
    Based upon GARM III data, projections indicate that SNE/MA winter 
flounder 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, resulting 
in substantial adverse economic impacts to affected entities and 
associated fishing communities. Instead, this action prohibits 
possession and landings of SNE/MA winter flounder by all vessels and 
requires 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. These measures are expected to result in 
achieving an F as close to zero as practicable, eliminate overfishing 
on this stock, and facilitate the rebuilding of this stock by FY 2015 
or 2016. Projections of stock status under an F of zero are similar to 
those using an F of as close to zero as practicable, as implemented by 
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. Pursuant to section 304(e)(7) of the Magnuson-
Stevens Act which 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 eliminates targeting of this stock to 
reduce F to the extent practicable, without delaying the projected 
rebuilding of this stock.
    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

    The mortality reductions used to design management measures 
implemented by this final rule are listed in Table 3. These mortality 
reductions were determined based upon 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 and 
established through this action replaces the MSY control rule that was 
added to the FMP by Amendment 13. The ABC control rule specifies that 
the ABC for each stock would 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 would be based upon Frebuild. For stocks that cannot be 
rebuilt within existing rebuilding periods, the ABC would 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. 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.

                              Table 3--Summary of Reductions in F Necessary to Achieve the Target F in 2010 for Each Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           % Change in F
                                                                                            Targeted F                                     necessary to
                                                                                              (either                       2008 F from       achieve
                 Species                               Stock                  2007 F        Frebuild or        Fmsy         2008 catch    Frebuild using
                                                                                           75% of FMSY)                        data         catch and 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%

[[Page 18266]]

 
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. 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, this final rule establishes a process to specify ABCs and 
ACLs for the NE multispecies fishery for implementation in FY 2010, to 
comply with new requirements of the Magnuson-Stevens Act, based upon 
the National Standard 1 Guidelines published in the Federal Register 
(January 16, 2009; 74 FR 3178).
ABC/ACL Specifications Process
    This action approves the ABCs/ACL specification process described 
in Section 4.2.1 of the Amendment 16 FEIS. The Groundfish Plan 
Development Team (PDT) is required to 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 will 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 will be distributed among the various 
segments of the fishery that catch NE multispecies. These sub-ABCs will 
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 will 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 FYs. The SSC will 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 will 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 will adopt the ABC/ACL 
specifications and submit them to NMFS by December 1, for approval and 
implementation for the following FY in a manner consistent with the 
Administrative Procedure Act.
    As stated above, the actual ABCs and ACLs that result from the 
process established in this action were adopted by the Council at its 
November 2009 meeting as part of FW 44. If approved, measures in FW 44 
would become effective on May 1, 2010, at the same time as measures 
implemented through this final action. The ABCs and ACLs for FY 2013 
and beyond would be specified according to the process described above, 
unless otherwise modified through a future Council action.
ACL Distribution
    This action also approves the process to distribute ACLs among 
various segments of the fishery that catch regulated species and ocean 
pout in Amendment 16. The PDT will recommend distributing the ABC among 
various segments of the fishery and reducing such sub-ABCs to account 
for management uncertainty for each individual sub-component of the 
fishery based upon the catch available to U.S. fishermen. 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 will not be subject to any automatic AMs 
under Amendment 16 and will, thus, be allocated sub-components of the 
ACL. The sub-components of the fishery that are subject to AMs will 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, can be revised through the framework 
adjustment process established in the existing regulations.
    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 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

[[Page 18267]]

overall ACL for each stock from being exceeded, pursuant to the 
biennial review, or framework adjustment process in the FMP.
    The ACLs for all three stocks of yellowtail flounder will 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 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). With the exception of GB 
yellowtail flounder, yellowtail flounder bycatch in the scallop fishery 
will initially be treated as a sub-component of the ACL, rather than a 
sub-ACL, and, therefore, will not be subject to any specific AMs under 
this action. However, the Council is currently developing Amendment 15 
to the Atlantic Sea Scallop FMP that is expected to establish 
yellowtail flounder AMs for the scallop fishery by FY 2011. The 
existing regulations regarding the Understanding require that any 
overages of the TACs managed by the Understanding be deducted from the 
available U.S. portion of the appropriate TAC during the following FY. 
Therefore, any overages of the U.S. portion of the GB yellowtail 
flounder TAC, including those by the scallop fishery, will be deducted 
from the U.S. portion of the GB yellowtail flounder TAC during the 
following FY.
    This final rule clarifies that the allocation of GOM and GB haddock 
to the Atlantic herring fishery through FW 43 to the FMP (August 15, 
2006; 71 FR 46871) reflects 0.2 percent of the GOM and GB haddock ACL. 
This allocation is considered a sub-ACL because the regulations 
implementing FW 43 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, the haddock sub-ACL allocated to the herring fishery is not 
currently monitored on a stock-specific basis.
    Finally, this action allocates the remaining ACL for each regulated 
species and ocean pout stock to the NE multispecies commercial and 
recreational fisheries. With the exception of GOM cod and GOM haddock, 
the remaining ACL for each regulated species and ocean pout stock will 
be allocated to the commercial NE multispecies fishery. This is then 
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 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 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 will be determined based upon the 
average proportional catch of each component for each stock during FYs 
2001 through 2006. Beginning in FY 2010, only two NE multispecies 
stocks will be allocated to the recreational fishery: GOM cod and GOM 
haddock. For GOM cod and GOM haddock, state-waters catch will 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.

6. AMs

    This action establishes AMs for both the commercial and 
recreational fisheries, as described in Amendment 16 and summarized 
below, including separate AMs for sector vessels, vessels fishing in 
the common pool, and private recreational and charter/party vessels. 
Under this action, 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, 
will be triggered, as specified below. These measures are required to 
comply with new requirements of the Magnuson-Stevens Act and reflect 
the spectrum of AMs recognized in the National Standard 1 Guidelines.
Sector AMs
    This final rule prohibits sector vessels from fishing in a 
particular stock area unless that sector is allocated, or acquires, 
quota for all regulated species or ocean pout stocks allocated to 
sectors and caught in that stock area. In addition, this action 
requires that sector vessels cease fishing in a particular stock area 
if the sector exceeds its allocation of any regulated species or ocean 
pout stocks caught in a particular stock area. Any overages at the end 
of the FY would be deducted from that sector's allocation during the 
subsequent FY, after considering any transfers of quota from another 
sector. 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 includes 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 will 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 will 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 and help prevent overfishing 
for each managed stock.
Common Pool AMs
    This action approves two types of AMs for the common pool: A 
differential DAS counting AM during FYs 2010 and 2011, and a hard-TAC 
AM overlaid upon the DAS effort controls in FYs 2012 and beyond. This 
reflects the Council's intent to transition from an effort control 
fishery to one managed through hard TACs. This transition also enables 
monitoring systems and service providers to prepare for the increase in 
infrastructure and personnel necessary

[[Page 18268]]

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 differential DAS counting AM, if the NMFS Regional 
Administrator projects that the sub-ACL available to common pool 
vessels for each 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 includes 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 is projected to exceed the overall 
ACL for a particular stock, 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 will 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 apply are defined further 
in this final rule.
    The differential DAS counting factor that will apply to common pool 
vessels under this AM is 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 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 regulated species or ocean pout stocks within a particular 
stock area, the Regional Administrator will 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 will 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 will 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 will 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 will 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 will be applied against the DAS counting rate 
implemented in that stock area for FY 2011. This is necessary to ensure 
that the differential DAS counting rate applied during FY 2012 is 
sufficient to prevent the ACLs specified for FY 2012 from being 
exceeded if the differential DAS counting rate applied in FY 2011 was 
insufficient to control catch during that FY. 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)) for FY 2012. This more 
accurately reflects the likely reduction in effort needed to prevent 
overfishing from occurring, 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.

  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 will be subject to a hard-
TAC AM. Under this AM, the sub-ACL available to common pool vessels for 
each regulated species or ocean pout stock will 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 will 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 regulated species or ocean pout 
stock will be caught, the Regional Administrator shall close the area 
where the stock is predominantly caught to all NE multispecies common 
pool vessels

[[Page 18269]]

using gear capable of catching that species, as listed in Table 6, for 
the remainder of that trimester. The areas to be closed to particular 
gears are further described in this final 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 has the 
authority 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 will 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 is eliminated by the restrictive trip 
limits approved 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 will be monitored for the 
purposes of deducting overages, but will not trigger an area closure. 
Although particular areas will not close when these trimester TACs for 
these stocks are harvested, trip limits may be adjusted for these 
stocks to prevent overfishing in future years once the stock rebuilds 
and the fishery can once again target these stocks. Once 60 percent of 
the trimester TAC for any of these stocks is projected to be caught, 
the Regional Administrator has the authority to specify a trip limit to 
prevent the trimester TAC or sub-ACL allocated to the common pool 
vessels from being exceeded. Beginning in FY 2012, the white hake trip 
limit will be reduced to 500 lb (227 kg) per DAS, up to 2,000 lb (907.2 
kg) per trip.

    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
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,    Trawl, gillnet, longline/hook.
                                                   526, 561.
                               GOM..............  513, 514, 515...  Trawl, gillnet, longline/hook.
Haddock......................  GB...............  521, 522, 561...  Trawl, gillnet, longline/hook.
                               GOM..............  512, 513, 514,    Trawl, gillnet, longline/hook.
                                                   515.
Yellowtail flounder..........  GB...............  522, 525, 561,    Trawl, gillnet.
                                                   562.
                               SNE/MA...........  537, 539, 612,    Trawl, gillnet.
                                                   613.
                               CC/GOM...........  514, 521........  Trawl, gillnet.
American plaice..............  .................  512, 513, 514,    Trawl.
                                                   515, 521, 522.
Witch flounder...............  .................  512, 513, 514,    Trawl.
                                                   515, 521, 522.
Winter flounder..............  GB...............  522, 562........  Trawl.
                               GOM..............  514.............  Trawl, gillnet.
                               SNE/MA...........  521, 526, 537,    Trawl.
                                                   539, 612, 613.
Redfish......................  .................  513, 514, 515,    Trawl.
                                                   521, 522, 561.
White hake...................  .................  511, 512, 513,    Trawl, gillnet, longline/hook.
                                                   514, 515, 521,
                                                   522, 525, 561,
                                                   613, 616.
Pollock......................  .................  513, 514, 515,    Gillnet, trawl, longline/hook.
                                                   521, 522, 561.
Atlantic wolffish............  .................  513, 514, 521,    Trawl, gillnet.
                                                   522.
----------------------------------------------------------------------------------------------------------------


[[Page 18270]]

    To facilitate monitoring trimester TACs under the common pool 
trimester TAC AM beginning in FY 2012, 20 percent of trips by common 
pool vessels will have their offloads monitored by an independent 
third-party service provider approved/certified by NMFS to provide such 
services. These service providers are 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 are the responsibility of individual vessels. Vessels 
are 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 will evaluate whether recreational catch exceeded the 
recreational allocation for GOM cod or GOM haddock. For FY 2010, 
recreational catch will be compared to the recreational ACL for each 
stock for FY 2010. For FY 2011, the average recreational catch for FYs 
2010 and 2011 will 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 will be compared to the most recent 3-year 
average of the recreational ACL for each stock. If it is determined 
that the recreational fishery has exceeded its allocation for GOM cod 
or haddock, NMFS will develop and implement 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 will include adjustments 
to fishing season, minimum fish size, and/or possession limits.
AMs If an Overall ACL for a Particular Stock Is Exceeded
    The National Standard 1 Guidelines state that AMs must be 
sufficient to prevent overfishing on each stock as a whole. This action 
implements the Amendment 16 provision that specified that the AMs 
applicable to the NE multispecies fishery must be sufficient to prevent 
overfishing on each stock by all components of the fishery that catch 
regulated species and ocean pout, including 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). If these later components 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 will 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 subject to a sub-ACL exceeds its allocation of a particular 
stock, then the applicable AM for that component of the fishery will be 
triggered, even if the overall ACL for that stock is not exceeded.
    The amount of the overage caused by excessive catch by other sub-
components of the fishery will 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 for the applicable FY. Each component's share of the ACL 
overage for a particular stock will 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 will automatically be 
subject to the applicable AM. For example, if in FY 2010, there is an 
overall ACL of 1,000 mt of CC/GOM yellowtail flounder allocated across 
all fisheries, 5 percent of the 1,000 mt (50 mt) would be 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) would be allocated to the NE multispecies fishery. The 950 mt 
allocated to the NE multispecies fishery would be further divided 
between common pool vessels (allocated 200 mt), Sector 1 (allocated 450 
mt), and Sector 2 (allocated 300 mt). Suppose also that, 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), and 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, and 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 would be 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

[[Page 18271]]

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, if the common pool's share of the overage of 
the overall ACL (42 mt) is 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), the common pool would not be subject to the differential DAS 
counting AM in FY 2011 (see Table 7 below).

                   Table 7--Example of How AMs Apply if the Overall ACL for a Stock Is Exceeded by Other Sub-Components of the Fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Distribution     Total catch   Amount of sub-
                                                           Amount of   Share of    Catch in                 of exempted    plus exempted   ACL exceeded
          Component of the fishery             Share of     sub-ACL    mults ACL    FY 2010     Overage    fisheries and   fisheries and  after addition
                                                ACL (%)      (mt)         (%)        (mt)        (mt)         scallop         scallop       of overage
                                                                                                           overage (mt)    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,            5          50          NA         300         250              NA              NA              NA
 and the Scallop Fishery....................
                                             -----------------------------------------------------------------------------------------------------------
    Total...................................         100       1,000         100       1,200         200             200           1,100             150
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Amendment 16 allows 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, the owner of a vessel currently issued a 
limited access Atlantic sea scallop trawl permit is allowed to convert 
to a dredge gear permit without relinquishing his/her limited access NE 
multispecies permit. Changes to the permitting and VMS declaration 
procedures are necessary to implement these provisions and will be 
described in the small entity compliance guide (i.e., permit holder 
letter) that will be sent to all permit holder letters in conjunction 
with the implementation of this final rule.

8. Recordkeeping and Reporting Requirements

VTRs
    This final rule revises the current VTR submission frequency for 
all vessels issued a NE multispecies permit from monthly to weekly. 
These changes now require that vessel owners/operators submit VTRs, 
including ``did not fish reports,'' 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). Any fishing 
activity during a particular reporting week (i.e., starting a trip, 
landing, or offloading catch) constitutes fishing during that reporting 
week, but the date when fish are offloaded dictates the reporting week 
for which the VTR must be submitted to NMFS. Therefore, if a trip 
started, ended, or offloaded fish during a reporting week, a VTR is 
only necessary for the reporting week in which fish were offloaded, and 
a negative fishing report is not necessary for the reporting week in 
which a trip was started. 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 must be submitted 
by midnight Tuesday of the third week, but a negative report (i.e., a 
``did not fish'' report) is not required for either week. These 
measures make the VTR submission requirements consistent with dealer 
report submission requirements and increase the accuracy and timeliness 
of catch data available for monitoring and assessment purposes.
Area Declarations
    This final action establishes 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 when fishing in multiple stock areas, 
or on a sector trip are required to declare their intent to fish in one 
or more of these broad stock areas via vessel monitoring system (VMS) 
prior to each trip on which NE multispecies may be landed. In addition, 
all vessels are 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 will 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 trip, 
as described above, the operator is required to submit a trip-level 
catch report to NMFS via VMS that details the amount of each 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. In addition, to 
allow NMFS to calculate an assumed discard rate for trips not observed 
by either a NMFS observer or an industry-funded at-sea monitor, vessel 
operators are also required to declare the total amount of all species

[[Page 18272]]

kept in each broad stock area, including species outside of the FMP. 
Requiring vessels to declare total catch by each stock area was not 
specified in the proposed rule, but is necessary to allow NMFS and 
sectors to calculate discard rates applicable for each trip. This 
report is required for all trips in multiple areas, 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 will be used to provide more timely data on catch 
apportionment to stock areas until VTR data become available.
    This action approves the provision in Amendment 16 that allows NMFS 
to exempt a vessel participating in an approved sector from the trip-
level VMS catch reports described above to reduce unnecessary 
duplication with sector reporting requirements (described below in Item 
14 of this preamble). At this time, NMFS has determined that these 
trip-level catch reports are necessary to accurately monitor catch of 
regulated species and ocean pout 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 regulated species and ocean pout catch, and duplicate other 
available catch data, NMFS may exempt sector vessels from such 
reporting requirements in subsequent FYs.
SMP Reporting Requirements
    This action maintains 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). However, this action 
revises the daily VMS catch report for SMPs by eliminating the current 
requirement for vessel operators fishing in SMPs to report species 
discards, and requiring 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 NE 
multispecies species, and the total amount of all species, including 
both NE multispecies and those managed in another FMP, kept in each 
broad stock reporting area. While the proposed rule indicated that the 
requirement to report statistical area fished would be removed, this 
final rule maintains this requirement to ensure that NMFS can 
accurately attribute catch of GB cod and GB haddock against the Eastern 
U.S./Canada Area TACs for these stocks.
    This final rule also implements a provision that provides the 
Regional Administrator with the authority to remove SMP-specific 
reporting requirements if it is determined that the reporting 
requirements are unnecessary. With the exception noted below, NMFS has 
determined that daily SMP-specific VMS catch reports for vessels 
participating in sectors are unnecessary, because sectors are allocated 
ACE for most regulated species and ocean pout stocks through this 
action and, therefore, are not subject to any SMP-specific TACs or 
other restrictions on catch; are responsible for ensuring that sector 
allocations are not exceeded; and provide sufficient information to 
monitor all sector catch through the submission of weekly sector catch 
reports described further in Item 14 of this preamble. This exemption 
from the SMP reporting requirements for sector vessels does 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 is maintained. Consistent with 
Amendment 16, NMFS retains 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.
Dealer Reporting and Record Retention Requirements
    Because this action implements 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, are revised 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 action 
requires that vendors providing dockside/roving monitor services 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 regulated species and ocean pout catch under 
Amendment 16, NMFS has received sufficient funding to increase observer 
coverage in the NE multispecies fishery for FY 2010, with additional 
funding possibly available in future years. At this time, funding is 
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, this action requires 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 based on the authority 
provided the Secretary to request additional information to implement 
an FMP in sections 305(d) and 402(a) of the Magnuson-Stevens Act. 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 will 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 
fulfills the current and proposed observer notification requirements 
for trips into SMPs. 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.

9. Effort Controls

    This action approves all of the revisions to existing effort 
controls

[[Page 18273]]

listed in Amendment 16, including revisions to NE multispecies DAS 
allocations, NE multispecies DAS accrual provisions, gear restricted 
areas, and trip limits, as described in further detail below.
DAS Allocation
    This action revises the way NE multispecies DAS allocated to both 
common pool and sector vessels are distributed between Category A and 
Category B DAS, as originally implemented under Amendment 13. Starting 
in FY 2010, the DAS allocations of common pool vessels will be 
distributed as follows: 27.5 percent of a vessel's Amendment 13 DAS 
baseline are allocated as Category A DAS, 36.25 percent of the 
Amendment 13 DAS baseline are allocated as Category B Regular DAS, and 
36.25 percent of the Amendment 13 DAS baseline are allocated as 
Category B Reserve DAS. For example, a common pool vessel with an 
Amendment 13 DAS baseline of 88 DAS will 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.
    This final rule implements a provision that exempts sector vessels 
from the DAS allocation reductions for common pool vessels described 
above, because sector vessels are now be subject to hard TACs rather 
than DAS to control fishing effort. As a result, this action retains 
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 will 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 will be counted in 24-hr increments, based upon the 
time called into the DAS program via VMS or the IVR system. For 
example, if a vessel fishes 6 hr, it will be charged for 24 hr of DAS 
usage; a vessel that fishes 25 hr will 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) 
are eliminated. Because sector vessels are exempt from the Amendment 16 
NE multispecies DAS counting provisions for common pool vessels, sector 
vessels, including sector vessels fishing under the Day gillnet 
designation, will 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.
Restricted Gear Areas (RGAs)
    This action implements two RGAs to reduce the catch of flatfish 
species (predominantly SNE/MA winter flounder and SNE/MA yellowtail 
flounder) by common pool vessels. Common pool vessels fishing any part 
of a NE multispecies trip in either the Western GB RGA or the SNE RGA 
are 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 are allowed to be used or stowed on board, 
provided the mesh is greater than or equal to 10 inches (25.4 cm). Gear 
other than those listed above may not be allowed on board when fishing 
within these RGAs. The Regional Administrator has the authority to 
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 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 are 
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 can fish inside and 
outside of these RGAs on the same trip, but will 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 can 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 final rule.
Trip Limits
    The following changes to trip limits are implemented by this 
action, but may be superseded by trip limits proposed in FW 44:
    GOM cod: The possession limit is 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 is 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 remains 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 is required 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 is increased 
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 is increased 
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 is 
increased to 250 lb (113.4 kg) per DAS, up to 1,500 lb (680.4 kg) per 
trip.
    GB yellowtail flounder: There is no possession limit specified for 
this stock at the beginning of each 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 is 
maintained.
    SNE/MA winter flounder, windowpane flounder, ocean pout, and 
Atlantic wolffish: Landing of these stocks is prohibited in any 
fishery.

[[Page 18274]]

    In addition to the trip limits specified above, this action allows 
common pool vessels to land only one landing limit of regulated species 
in any 24-hr period. If fishing in multiple stock areas, the most 
restrictive possession limits for each species applies to the entire 
trip. Because DAS used by common pool vessels are now counted in 24-hr 
increments, the existing cod running clock provision is eliminated 
through this action.

10. DAS Leasing and Transfer Programs

    All of the revisions to the DAS Leasing and Transfer Programs in 
Amendment 16 were approved and are implemented by this final rule, 
including: (1) Allowing permits held in confirmation of permit history 
(CPH) to participate in the DAS Leasing and Transfer Programs without 
being activated by being placed onto a vessel, (2) elimination of the 
DAS conservation tax in the DAS Transfer Program (any DAS reduced due 
to the conservation tax applied to previously approved transfers would 
not be reinstated), and (3) elimination of the DAS leasing cap added to 
the FMP by Amendment 13 (i.e., there would be no limit on the number of 
DAS that a permit holder could lease from another permit holder). 
Existing restrictions on leasing DAS between vessels participating in 
sectors and those fishing in the common pool are continued under this 
action. A similar restriction on DAS transferred under the DAS Transfer 
Program is described in Item 14 of this preamble.

11. Minimum Fish Size

    This action reduces the minimum fish size of haddock from 19 inches 
(48.3 cm) 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 due to slower than 
expected growth rates of mature fish. This action also increases the 
minimum fish size for halibut from 36 inches (91.4 cm) to 41 inches 
(104.1 cm) for both commercial and recreational vessels to reflect the 
median length at maturity for female halibut in the GOM, increase 
opportunities for halibut to spawn prior to capture, and improve the 
likelihood that this stock will meet rebuilding objectives.

12. SMPs and SAPs

    All of the changes to existing SAPs for both common pool vessels 
and those fishing in an approved sector proposed in Amendment 16 have 
been approved and implemented in this action, as described in further 
detail below.
U.S./Canada Management Area
    This final rule revises the provision first implemented under FW 42 
that counted all catch of cod, haddock, and yellowtail flounder against 
the Eastern U.S./Canada TACs for GB cod and GB haddock, and the overall 
TAC for GB yellowtail flounder for vessels fishing inside/outside of 
the Eastern U.S./Canada Area to accommodate the allocation of these 
stocks to sectors, as further described in Item 14 of this preamble.
Incidental Catch TAC
    The current regulations specify 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 regulated 
species or ocean pout stocks under a Category B DAS in SMPs. This 
action revises these provisions to reflect that incidental catch TACs 
will be based upon the ACL available to the commercial common pool 
fishery and to specify an incidental catch TAC for pollock. The 
incidental catch TAC for pollock is specified as 2 percent of the ACL 
available to common pool vessels and will 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, scheduled to expire at the end 
of FY 2009, is extended indefinitely through this action. In addition, 
participating vessels may use codends with a minimum mesh size of 6 
inches (15.24 cm) diamond or square mesh when participating in this 
program and using selective trawl gear such as the haddock separator 
trawl or the Ruhle trawl. All catch by sector vessels when 
participating in this SAP will count against the sector's allocation 
for each stock, including those specific to the Eastern U.S./Canada 
Area. Because sectors will be restricted by their allocations for each 
stock, sector vessels will not be restricted in the gear that could be 
used when participating in this SAP. Sector vessels will 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 is revised to expand both the area 
and the season of this SAP. The season is extended to run from May 1 
through January 31. The seasonal split between sector and common pool 
vessels is eliminated, as is the division of the available GB haddock 
quota between sector and common pool seasons. This means that once the 
available GB haddock quota specified for the SAP is caught, the SAP 
will be closed to all vessels, including sector vessels. Sector vessels 
and common pool vessels would be able to fish under this SAP throughout 
the proposed season, provided the SAP is not closed and sectors to 
which vessels belong have been allocated quota for all stocks caught in 
this SAP. The SAP area is extended to cover most of the northern 
portion of CA I, as described further in this final rule. All other 
requirements of this SAP remain unchanged by this action. Finally, this 
action prohibits vessels participating in the SAP from using squid or 
mackerel for bait, or even possessing squid or mackerel on board the 
vessel to reduce the catch rates of cod in this SAP.
SNE/MA Winter Flounder SAP
    Because F on SNE/MA winter flounder must be reduced to as close to 
zero as practicable, and no vessels will be allowed to possess SNE/MA 
winter flounder under this action, the SNE/MA Winter Flounder SAP is 
temporarily suspended until improving stock conditions warrant its re-
implementation under a future Council action.
CA II Yellowtail Flounder/Haddock SAP
    The CA II Yellowtail Flounder SAP is revised by this action to 
facilitate the harvest of GB haddock within CA II, even when the SAP is 
closed to targeting GB yellowtail flounder. This revised CA II 
Yellowtail Flounder/Haddock SAP builds 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. When the SAP is 
open to targeting yellowtail flounder 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

[[Page 18275]]

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 (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 SAP, or 
because the maximum number of trips has been taken, the SAP will open 
to target GB haddock, provided the Eastern GB haddock ACL has not been 
caught by common pool vessels, or there is sufficient quota 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 
apply, unless otherwise noted below: Season (August 1 through January 
31), gear requirements (a vessel is not allowed to use a flounder net 
and must instead 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 apply to the Eastern GB 
haddock quotas allocated to either common pool or vessels participating 
in individual sectors. Sector vessels are not 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 are subject to the gear 
requirements for this SAP. Individual sector vessels will 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, this action allocates portions of the GOM cod and GOM haddock 
ACLs to the recreational fishery based upon the criteria proposed to 
allocate regulated species and ocean pout stocks between the NE 
multispecies commercial/recreational fishery, as described in Item 5 of 
this preamble. To meet the target F for GOM cod, this action also 
extends 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. Other 
recreational measures implemented by this action include the 
elimination of the limit on the number of hooks that can be used 
(recreational anglers are still limited to one line per angler), and 
the requirement that all fillets landed by private recreational and 
charter/party vessels must have at least 2 sq inches (5.08 sq cm) of 
contiguous skin that allows for the ready identification of the fish 
species. Such fillets are required to be from legal-sized fish, but the 
fillets themselves would not need to meet the minimum size requirements 
in the regulations. Finally, as stated above for commercial vessels, 
this final rule reduces the minimum size for haddock from 19 inches 
(48.3 cm) to 18 inches (45.7 cm) total length, indefinitely, and 
increases the minimum size for Atlantic halibut from 36 inches (91.4 
cm) to 41 inches (104.1 cm) total length. Atlantic wolffish would be 
added to the FMP, with zero possession allowed for all recreational 
vessels.
    Consistent with language in the Amendment 16 FEIS, the preamble of 
the proposed rule for this action indicated that the possession of SNE/
MA winter flounder is prohibited in any fishery. However, while the 
proposed rule included regulatory text that prohibited common pool and 
sector vessels from possessing this stock, it did not include similar 
language for private recreational and charter/party vessels. To 
accurately reflect the intent of the Council under Amendment 16, this 
final rule revises the regulatory text at Sec.  648.89 to insert a 
prohibition on the retention of SNE/MA winter flounder by all 
recreational vessels.

14. Sector Measures

    This action approves all sector measures proposed under Amendment 
16, including the formation of 17 additional sectors and revisions to 
many existing sector requirements such as sector allocation provisions, 
operations plan requirements, and monitoring and reporting 
requirements, as specified further below. In addition, vessels 
participating in an approved sector are 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.
    Based upon the comments received on the proposed rule for this 
action, there remains some confusion as to whether a sector is a 
limited access privilege program (LAPP), as defined in the Magnuson-
Stevens Act. NMFS would like to clarify that NMFS does not consider 
sectors to be LAPPs, and they are not subject to the referendum or 
cost-recovery requirements of the Magnuson-Stevens Act. There is no 
permit issued to a sector, and no permanent or long-term allocation of 
fish is made to any sector. Unlike individual fishing quotas (IFQs), 
sectors are temporary, voluntary, fluid associations of vessels that 
can join together to take advantage of flexibilities and efficiencies 
that sectors are afforded. Vessel owners may choose to join a sector or 
not, and can change their decisions from one year to the next, based on 
what they believe are the best opportunities for them at that point in 
time. Additional details regarding NMFS' interpretation of the LAPP and 
IFQ provisions of the Magnuson-Stevens Act are provided in the response 
to Comment 49, below.
Sector Eligibility and Definition
    This action allows permits held in CPH to join sectors. In 
addition, because this action now controls sector effort through hard 
TACs instead of 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) are now eligible to participate in 
sectors. Only those vessels that were issued a limited access NE 
multispecies permit or CPH as of May 1, 2008, are eligible to 
participate in sectors. Finally, consistent with the Council's sector 
policy, this action defines 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 to address concerns that sectors may be used as a 
means to circumvent the individual transferable quota referendum 
required by the Magnuson-Stevens Act, and minimize 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. This final rule adds 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

[[Page 18276]]

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 regulated species or ocean pout would be avoided while 
participating in other fisheries that have a bycatch of regulated 
species and ocean pout if the sector does not anticipate being 
allocated or acquiring an allocation of such species from another 
sector. This last requirement is only required if the sector 
anticipates operating in this manner. Sector operations plans are 
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 1- or a 2-
year period, provided the analysis is sufficient to cover the duration 
of the applicability of the operations plan. The Regional Administrator 
will 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
    This final rule maintains the existing restriction that sectors 
cannot be exempted from year-round closures, permitting restrictions, 
gear restrictions designed to reduce habitat impacts, and reporting 
requirements. However, this final rule also establishes several 
``universal exemptions'' in which all sectors will be exempt, including 
trip limits on stocks for which the sector receives an allocation 
(described in more detail below); 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 (described in more detail 
below). Sectors may still request and analyze additional exemptions as 
part of their yearly operations plans, but such exemptions need to be 
approved by the Regional Administrator. The provisions applicable to a 
sector, including any exemptions from existing regulations, will 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)
    Consistent with the Council's intent to transition from input 
controls to output controls, this action does not rely upon DAS to 
control sector effort on regulated species or ocean pout, relying 
instead on hard TACs to control sector catch. Under this action, 
sectors will be allocated fishery resources for all regulated species 
stocks, with the exception of Atlantic halibut, windowpane flounder, 
Atlantic wolffish, and SNE/MA winter flounder, and ocean pout based 
upon the fishing histories of participating vessels. Although SNE/MA 
winter flounder is not 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 are allocated, as described below.
    Sector allocations are 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 represents 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 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 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 is valid only for one FY and is 
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 
regulated species or ocean pout stock, this action eliminates that 
restriction to further facilitate participation in sectors.
    The PSC for each regulated species or ocean pout stock is based 
upon historic landings of each stock while operating under the 
restrictions of 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. With the exception of 
GB cod, the PSC for each stock is calculated by summing the dealer 
landings for each permit during FYs 1996 through 2006. This value is 
then 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, is 
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. 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 and updated on July 27, 2009, and again on November 2, 
2009. These letters are 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) will 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 will 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,

[[Page 18277]]

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 can only 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 regulated species or ocean pout stocks, including both 
landings and discards, count against a sector's ACE for a particular 
stock. Sector vessels are required to retain all legal-sized regulated 
species and ocean pout and are only allowed to discard undersized fish 
for all allocated stocks. Once a sector's ACE for a particular stock is 
caught, a sector is required to cease fishing operations in that stock 
area for the rest of the FY, or until it acquires 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 will 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 will 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 will 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. 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 is 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 contributes to the 10-
percent carry-over allowance for each stock as a whole, but will not 
increase an individual sector's allocation of Eastern GB stocks during 
the following year. In addition, a sector is not allowed to carry over 
any unused ACE for GB yellowtail flounder into the next FY. 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.
ACE Trading
    All or a portion of a sector's ACE for any 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 
will 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 
will 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 are only valid for the FY requested on the 
transfer request form. To ensure that such ACE trading does not lead to 
overfishing, NMFS will 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 
allows a sector vessel to transfer DAS and associated fishing history 
to another vessel participating in that vessel's sector, but prohibits 
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 and this final rule requires 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 observes offloads by sector 
vessels to ensure that landings are accurately reported. This dockside/
roving monitoring program is required starting in FY 2010, and will be 
funded by sectors, unless otherwise specified by NMFS. Dockside 
monitors observe

[[Page 18278]]

offloadings directly to a dealer, while roving monitors are used to 
monitor offloads to a truck for later delivery to a dealer. Such a 
program must 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 (GMRI) and 
members of the fishing industry, in consultation with NMFS, as further 
described in this final rule. During FY 2010, the offloads of 50 
percent of trips by each sector will 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 are required to develop an adequate independent 
third-party at-sea/electronic monitoring program no later than FY 2012. 
This program will 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 will 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 will be sufficient to 
ensure that the resulting estimate of discards meets the coefficient of 
variation specified in the Standardized Bycatch Reporting Methodology 
(SBRM), but it is expected that coverage is likely to be higher than 
this minimum standard to monitor catch (both landings and discards) as 
closely as possible and to minimize coverage bias in each sector. 
Electronic monitoring could be used in lieu of actual at-sea monitors 
in the future, provided the technology is deemed sufficient by NMFS for 
a specific gear type and area fished; NMFS has not yet deemed 
electronic monitoring technology sufficient for any gear or area 
fished. Existing NMFS-funded observer coverage will continue under this 
action. Any at-sea monitoring coverage provided by an approved sector 
at-sea monitoring program will be in addition to the coverage provided 
by 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 will take precedence and will cover that trip, and the at-sea 
monitor will not be deployed on that trip, to minimize costs to 
industry. To facilitate deployment of dockside/roving and at-sea 
monitors and enforcement of these provisions, vessels must 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 an approved sector 
operations plan, as further described in this final rule. The details 
for any dockside/roving and at-sea/electronic monitoring program must 
be specified in each sector's annual operations plan.
    Discards will 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, 
inseason discard estimate for each stock/gear combination specified in 
the FMP. Once sufficient data are available, the sector-specific 
inseason discard rate will 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 an at-sea monitor, the 
discards reported by the observer or at-sea monitor will 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 (see the NMFS Northeast 
Regional Office Web site for further details: http://www.nero.noaa.gov/sfd/sfdmultisector.html).
    The data and methodology used to calculate a Sector-specific 
assumed or inseason discard rate is considered an administrative 
measure 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 will calculate the assumed discard rate 
based upon observed trips by sector vessels during FY 2009, 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 will be used 
instead. When calculating these discard rates, regulatory discards of 
legal-sized fish caused by trip limits will be excluded to represent 
anticipated behavior under sectors. These assumed discard rates will be 
calculated as often as practicable, and will 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 and at-sea monitor 
coverage to include approximately 38 percent of sector trips and 30 
percent of common pool trips during FY 2010, and possibly future FYs.
    Sectors are required to submit an annual report to NMFS by July 1 
of each year that provides information necessary to evaluate the 
biological, economic, and social impacts of sectors. The report must 
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 must submit weekly 
catch reports that provide sector catch and discard for each stock 
allocated to that sector, as instructed by the Regional Administrator. 
Sectors must 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, based upon the provision 
in Amendment 16 that allows other requirements of sector monitoring 
plans to be implemented, as directed by the Regional Administrator.
Authorization of Sectors
    Amendment 16 authorizes 17 new sectors and revises the provisions 
for 2 existing sectors. These sectors 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 have been proposed in their 
annual operations plans, as submitted to NMFS.

15. VMS Requirement

    Because this action relies upon VMS to submit area declaration, 
hail reports, and catch information necessary to implement provisions 
approved in Amendment 16, all vessels issued a limited access NE 
multispecies permit and fishing under either a NE multispecies DAS or 
on a sector trip must use a VMS for each NE multispecies trip. In 
addition, any vessel issued a limited access NE multispecies small 
vessel Category C or Handgear A permit that fishes in multiple broad 
stock areas must also use a VMS for each NE multispecies trip. The 
preamble to the proposed rule for this action inaccurately stated that 
all vessels issued a limited access NE multispecies permit would be 
required to use VMS. However, the proposed regulations correctly 
reflected the intent described above. Consistent with existing VMS 
regulations, upon taking either a common pool or a sector trip, a 
vessel issued a limited access NE multispecies permit must maintain an 
operational VMS for the remainder of the FY.

16. Framework Items

    This action revises the management measures that may be modified by 
a

[[Page 18279]]

framework action by adding the following measures to the list of 
measures that can be adjusted through a framework action: 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

    As described in the proposed rule for this action, a number of 
inadvertent errors, omissions, and ambiguities in existing regulations 
must be corrected in order to ensure consistency with, and accurately 
reflect the intent of previous actions under the FMP. This final rule 
clarifies 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. Outdated references to the 
gillnet tag requirements for Trip gillnet vessels eliminated by FW 40B 
are removed. The Atlantic sea scallop access program regulations are 
revised to cross reference the correct SNE/MA yellowtail flounder trip 
limit and eliminate references to incorrect trip limits. Regulations 
providing the Regional Administrator with the authority to modify or 
delete exemptions to the existing exempted fisheries are reinserted to 
reflect regulations originally implemented on a permanent basis by FW 9 
(60 FR 19364; April 18, 1995). This action clarifies that limited 
access general category scallop vessels, and limited access scallop 
vessels not fishing under a scallop DAS, that are 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, and must use 
dredge gear to harvest scallops in the GOM Scallop Dredge Exemption 
Area to reflect the intent of measures in FW 21 (62 FR 8404; February 
25, 1997). In addition, general category scallop vessels, and limited 
access scallop vessels not fishing under a scallop DAS, that are 
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, 
and must use dredge gear to harvest scallops in the SNE Scallop Dredge 
Exemption Area. The western border of the SNE Scallop Dredge Exemption 
Area is corrected to coincide with the eastern border of the MA 
Exemption Area. An incorrect reference to midwater trawl gear as 
exempted gear in the GOM Rolling Closure Area regulations is removed to 
reflect measures implementing FW 43. Restricted Gear Area 1 point 72 is 
added to make the regulations consistent with FW 22 (March 10, 1997; 62 
FR 10747) and the regulations for the American lobster fishery. The 
regulations for the DAS Leasing Program are clarified to allow a one-
time DAS leasing baseline downgrade opportunity for a NE multispecies 
permit that results from the combination of two limited access NE 
multispecies permits merged under the DAS Transfer Program. This final 
rule also clarifies that the upgrade of any baseline specification 
under the DAS Transfer Program precludes any future upgrades through 
subsequent transactions and removes outdated references that a permit 
involved in a DAS transfer must forfeit all other permits. Regulatory 
text regarding closure of the Eastern U.S./Canada Area once 100 percent 
of the Eastern GB cod TAC is harvested is inserted to reflect the 
intent of the provisions originally implemented under Amendment 13. 
Several coordinate points defining the CC/GOM and SNE/MA stock areas 
for yellowtail flounder in the Regular B DAS Program are revised to 
maintain consistency with the areas adopted under FW 42. Finally, the 
existing regulations are revised 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 regulations for the Eastern U.S./Canada 
Area.

18. Transfer of ACE by NOAA-Sponsored Permit Banks

    The proposed rule for this action considered allowing any state-
operated permit bank sponsored by NOAA to be a sector to enable such 
permit banks to lease ACE to qualifying sectors to minimize any adverse 
socio-economic impacts to fishing communities associated with catch-
share programs. Public comment received on this action indicated that, 
although many supported the concept to allow permit banks to transfer 
ACE and DAS, others believed there was insufficient information 
provided in the proposed rule to effectively evaluate the implications 
of such measures. Some public comments expressed a concern that such 
provisions would have broader implications on the definition of a 
sector, as developed by the Council in Amendment 16, and on the ability 
of existing and future permit banks to operate under the sector 
provisions approved under Amendment 16. To foster further discussion on 
permit banks and how they are affected by the provisions approved under 
Amendment 16 and implemented by this action, NMFS has removed proposed 
measures specific to NOAA-sponsored permit banks from this final rule 
and will recommend that the Council develop a means to address public 
comments regarding permit banks, including those sponsored by NOAA, in 
a subsequent Council action.

19. Approval of Service Providers for FY 2010 Sector Dockside and At-
Sea Monitoring Programs

    As described in Items 6 and 14 of this preamble, Amendment 16 
requires that service providers interested in providing dockside and/or 
at-sea monitoring services to common pool and sector vessels apply to, 
and be approved/certified by, NMFS. Based upon consultation with the 
GMRI and industry participants, NMFS expanded the service provider 
approval/certification standards listed in Section 4.2.3.5.4 of the 
Amendment 16 FEIS to include operational standards necessary to 
effectively implement both dockside and at-sea monitoring programs in 
Amendment 16. These expanded standards were listed in the Amendment 16 
proposed rule and were used to approve/certify dockside and at-sea 
monitoring service providers under this action.
    Potential service providers identified by the sector proponents 
were invited to a workshop at the NMFS Northeast Fisheries Science 
Center (NEFSC) in August 2009. This workshop presented the service 
provider requirements of the Amendment 16 DEIS. In order to implement 
Amendment 16 sector requirements by May 1, 2010, NMFS specified that 
service providers intending to provide dockside and/or at-sea 
monitoring services to sectors during FY 2010 would be required to 
demonstrate their compliance with the service provider standards as 
part of the operations plan of each sector interested in retaining 
their services. Because sectors were required to submit operations 
plans to NMFS by September 1, 2009, potential service providers needed 
to demonstrate compliance with these standards by September 1, 2009. 
NMFS received complete applications from four service providers 
intending to provide dockside and/or at-sea monitoring services to 
sectors, and one service provider intending to provide only dockside 
monitoring services to sectors in FY 2010.
    Discussions with members of industry and service provider 
applicants identified the need to approve service providers ahead of 
the sector operations plans final rule to allow time for industry and 
service providers to arrange contracts before May 1, 2010. It was 
decided that service providers and proposed FY 2010 sectors could be

[[Page 18280]]

notified of a preliminary determination about service provider 
approval/disapproval as soon as possible, and that the Regional 
Administrator's final determination would be published concurrent with 
the approval of sector monitoring measures in this Amendment 16 final 
rule. On December 24, 2009, service provider applicants and proposed FY 
2010 sectors were notified of NMFS's preliminary approval of all five 
applicants as eligible to provide monitoring services to sectors in FY 
2010. In this final rule, the Regional Administrator is announcing the 
final approval of dockside/at-sea monitoring service providers based 
upon the completeness of their applications and a determination of 
their ability to perform the duties and responsibilities of a dockside/
at-sea monitoring service provider, as specified by Amendment 16 and 
the proposed rule for this action.
    The Regional Administrator has approved the following four service 
providers as eligible to provide both dockside and/or at-sea monitoring 
services to sectors in FY 2010:
     A.I.S., Inc., 89 North Water Street, New Bedford, MA 
02747, phone 508-990-9054, fax 508-990-9055, Web site http://www.aisobservers.com.
     East West Technical Services, 34 Batterson Drive, New 
Britain, CT 06053, phone 860-223-5165, fax 860-223-6005, email 
[email protected].
     MRAG Americas, 65 Eastern Ave., Unit B2C, Essex, MA 01929, 
phone 978-768-3880, fax 978-768-3878, Web site http://www.mragamericas.com.
     Saltwater Inc., 733 N. Street, Anchorage, AK 99501, phone 
907-276-3241, fax 907-258-5999, Web site http://www.saltwaterinc.com.
    The Regional Administrator has approved the following service 
provider as eligible to provide dockside monitoring services to sectors 
in FY 2010:
     Atlantic Catch Data Ltd., 99 Wyse Road, Suite 815, 
Dartmouth, Nova Scotia, CANADA B3A 4S5, phone 1-902-422-4745, fax 1-
902-422-9780, Web site http://www.atlanticcatchdata.ca.

Comments and Responses for Amendment 16

    Fifty comments were received during the comment period specifically 
on the proposed rule for this action from 28 individuals, 7 fishing 
industry groups, 6 conservation groups, a group of scientists from 1 
university, 1 fish dealer, 1 state resource management agency 
(Massachusetts Division of Marine Fisheries (DMF)), 2 community groups, 
1 sector, and 3 professional organizations. Only comments that were 
specifically directed to the proposed measures, including the analyses 
used to support these measures, are addressed in this preamble. Other 
comments were received in connection with the notice of availability 
for Amendment 16. Many of these overlap with comments addressing the 
proposed rule to implement Amendment 16. NMFS responses to these 
comments, as set forth in its Record of Decision for approval/
disapproval of Amendment 16, are incorporated herein by reference. 
Please note in considering the responses to comments below that NMFS 
may only approve or disapprove measures proposed in a fishery 
management plan or amendment, and may not change or substitute any 
measure in a substantive way, pursuant to section 304(a)(3) of the 
Magnuson-Stevens Act.

General Comments

    Comment 1: The Northeast Hook Fisherman's Association (NEHFA) 
suggested that Amendment 16 is inconsistent with National Standard 6 
because it does not allow for variations among, and contingencies in, 
fisheries and catches among participants. This group notes that the 
number of active limited access NE multispecies Handgear A vessels had 
been reduced by nearly 50 percent since 2004 and that the proposed 
measures may force the remaining permits out of business.
    Response: NMFS disagrees. The commenter offered minimal explanation 
as to why NEHFA believes that Amendment 16 is inconsistent with 
National Standard 6, and seems to misinterpret National Standard 6 to 
mean that current or historical participation in the fishery must be 
preserved. In the National Standard 6 Guidelines, NMFS has interpreted 
this national standard to require that FMPs have the capacity to 
respond to changes in fishing practices, catches, stock conditions, or 
other uncertainties inherent in managing marine resources by building 
in flexibility to adapt to such changes and uncertainties. Amendment 16 
includes a number of provisions that are meant to provide flexibility 
to adapt to changing resource and fishery conditions, including a 
process to establish ACLs and revise management measures on a biennial 
basis that reflect updated estimates of stock status and management 
conditions; increasing incentives to participate in the DAS Leasing and 
Transfer Programs that help provide additional access to DAS for 
vessels to remain economically viable; dual management regimes that 
allow a vessel to choose to continue to operate under DAS and/or trip 
limits, or operate under hard-TAC management of sectors; and increasing 
incentives to fish selectively through expanded SAPs and the 
establishment of RGAs. Although not all of these measures are available 
to Handgear A vessels, Amendment 16 expanded the sector eligibility 
provisions to specifically allow these permits to join sectors to 
provide the necessary flexibility to participate in either the common 
pool or sectors, based on which management regime would offer the most 
benefit to the individual vessel. Previously, Handgear A vessels were 
not allowed to participate in sectors. Thus, the measures implemented 
by this action do take into consideration variations and contingencies 
in fisheries, fishery resources, and catches, consistent with National 
Standard 6.
    Comment 2: The Environmental Defense Fund (EDF) and Penobscot East 
Resource Center (PERC) supported efforts to transition the fishery from 
a DAS management regime to a catch share regime in the form of sectors, 
but suggested that the Council should continue to improve the design 
and adaptability of sector management measures. Specifically, EDF 
recommended, and PERC supported, that the Council consider an adaptive 
management set-aside of quota once stocks rebuild to facilitate 
additional management needs and objectives, including biological, 
economic, or social issues. In addition, PERC recommended that that 
Council consider who should be able to hold or land a sector's ACE, and 
restricting ACE trades based upon vessel size or gear usage.
    Response: The Council did not explicitly consider measures 
recommended by EDF and PERC in Amendment 16 and they are not considered 
to be necessary at this time to ensure consistency of Amendment 16 with 
Magnuson-Stevens Act requirements. Therefore, this action need not 
implement such measures. However, the Council could develop such 
measures through a future Council action.
    Comment 3: One industry member suggested revising the current 
definitions of the haddock separator trawl and the Ruhle trawl. 
Revisions to the haddock separator trawl include requiring the 
separator panel to begin at the forward edge of the first belly of the 
net and run the full length of all of the bellies of the net. Revisions 
to the Ruhle trawl include removing the requirements for a minimum 
fishing circle, kite panel size, and size and placement of rockhoppers 
in the sweep

[[Page 18281]]

of the net and are intended to facilitate its use by smaller vessels.
    Response: The original haddock separator trawl description was 
based upon gear research available at the time it was proposed under 
Amendment 13. At that time, there were conflicting recommendations 
within available research regarding the placement of the separator 
panel. The definition that was finally implemented reflects input from 
participants in some of that research, as well as other gear experts. 
Further, the Ruhle trawl definition was based upon extensive 
experimentation. Another experiment testing a smaller version of the 
Ruhle trawl is under review. Because these revisions to gear 
definitions have not been previously made available for public comment 
and could likely change the behavior and performance of these nets, it 
is not appropriate to revise such definitions through this final rule. 
Instead, it would be more appropriate to consider such revisions in a 
future Council action.
    Comment 4: The New Hampshire Commercial Fisherman's Association 
(NHCFA) suggested that the Council reconsider a means of converting DAS 
to an allocation of pounds, and recommended that pollock be considered 
a transboundary stock for the purposes of adjusting management measures 
to accommodate management inequities between the United States and 
Canada and lessen the mortality reductions necessary under Amendment 
16. NHCFA also stated that Amendment 16 underestimates the economic 
impacts of proposed measures. Mayor Lang of New Bedford, MA stated that 
the economic analysis must include impacts on communities, including 
impacts to the tax base and infrastructure if vessels will no longer 
remain economically viable.
    Response: The Council considered including DAS as an element in the 
calculation of PSCs, but elected, based on reasons included in 
Amendment 16, to adopt options only involving historic landings. The 
Council may reconsider a means of converting DAS to an allocation of 
pounds similar to the DAS Performance Plan, a plan that was proposed by 
the NHCFA, during the development of Amendment 17 or another future 
action. Consideration of pollock as a transboundary stock is ongoing, 
with a joint U.S./Canada assessment being developed for 2010. However, 
a formal agreement to jointly manage this stock has not yet been 
developed. Therefore, the mortality reductions necessary under 
Amendment 16 consider fishing mortality from all sources, including 
catch by both U.S. and Canadian vessels. Finally, a full analysis of 
the economic impacts of Amendment 16 measures was conducted for the 
FEIS. The scope of this analysis was based on established guidelines. 
This analysis uses the best available scientific information, but notes 
that there are a number of sources of uncertainty associated with 
measures in Amendment 16 that make precise evaluation of impacts 
difficult. A full discussion of the impacts of changes in occupational 
opportunities and community infrastructure is in Section 7.6.3.4 of the 
FEIS.
    Comment 5: One individual, the Association of Professional 
Observers (APO), and the United National Fisherman's Association (UNFA) 
recommended that the Amendment 16 public comment period should be 
extended to end upon the completion of the comment period for the draft 
national catch share policy on April 10, 2010, stating that there was 
not enough time to comment on proposed measures and that Amendment 16 
sector provisions should not be finalized until the national policy is 
defined.
    Response: The measures in Amendment 16 are necessary to end 
overfishing and ensure that overfished stocks continue to rebuild. The 
rebuilding plans in the FMP rely upon implementation of management 
measures beginning in FY 2010 on May 1, 2010, otherwise the success of 
such rebuilding programs may be compromised. Due to the time necessary 
to review and respond to public comments and make determinations about 
the final measures under this action, it is not possible to extend the 
public comment period to April 10, 2010, and still implement final 
measures by the start of FY 2010. Because it is administratively 
difficult and disruptive to the fishery to implement measures during 
the middle of the FY, particularly measures that involve hard TACs, it 
would be impractical and contrary to the public interest to further 
delay this action to accommodate further public review and implement 
this action mid-year. While the Amendment 16 sector measures may not 
fully reflect the final catch share policy, the Council has the 
capacity to revise management measures in the future to comply with 
such a policy, as necessary. The measures in Amendment 16 have been 
under development for over 3 years, and have involved substantial 
public involvement through the Council process. Further, public comment 
either on Amendment 16 itself, or the proposed rule to implement 
measures in Amendment 16, has been solicited since the Amendment 16 NOA 
was published on October 23, 2009. Therefore, NMFS believes that there 
has been sufficient time to consider and comment on the Amendment 16 
measures implemented by this action.
    Comment 6: The Northwest Atlantic Marine Alliance (NAMA) and PERC 
recommended that community fishing associations be formally recognized 
in Amendment 16. These groups stated that these associations are 
necessary to help ensure that sectors do not lead to the elimination of 
community-based fisheries, and is consistent with, and furthering the 
purposes of, the Magnuson-Stevens Act.
    Response: As the group pointed out in their comment, the current 
regulations do not prohibit community fishing associations from forming 
or participating in the current DAS Leasing/Transfer Programs, or in an 
approved sector. Formally recognizing such associations in Amendment 
16, or any other action, would not affect their ability to participate 
in the fishery or achieve their goals. Moreover, such organizations 
were not proposed to be and were not formally recognized by the Council 
in Amendment 16. Due to the absence of any measures on how such 
community fishing associations would be integrated into Amendment 16 
measures, there would be neither the justification for, nor any purpose 
served in recognizing such associations, particularly without any 
consideration or public input regarding such a recognition.

Incorporation of Atlantic Wolffish and Associated Measures

    Comment 7: One commercial fisherman, the Conservation Law 
Foundation (CLF), and the Nature Conservancy (TNC) supported adding 
Atlantic wolffish to the FMP. However, TNC did not support designating 
essential fish habitat (EFH) for this species to include the entire 
exclusive economic zone (EEZ). CLF suggested that cusk should be added 
to the FMP as well.
    Response: This final rule adds Atlantic wolffish to the FMP to end 
overfishing and to implement management measures to rebuild the species 
through a possession prohibition. Because the Amendment 16 FEIS notes 
that there is little information and a high degree of uncertainty 
regarding population status and the reliability of survey data for this 
stock, designation of EFH throughout the EEZ was considered appropriate 
at this time, until further information can be acquired to narrow the 
scope of the EFH, as necessary. The notice of intent to prepare an 
SEIS, seeking comment on measures to incorporate during the

[[Page 18282]]

development of Amendment 16, suggested that the Council was considering 
incorporating cusk and wolffish into the FMP, pending the results of 
stock assessments for both species. As part of the Data Poor Working 
Group, a stock assessment was completed for Atlantic wolffish, but a 
stock assessment for cusk was not completed. Therefore, there is not 
enough information available at this time to add cusk to the FMP.
    Comment 8: The NEHFA opposed the zero possession limit restrictions 
for Atlantic wolffish specified for both the commercial and 
recreational fisheries, stating that it is not warranted at this time. 
Drawing parallels to the management of Atlantic halibut, this group 
recommended implementing a one-fish-per-trip limit instead. This group 
stated that such an approach toward wolffish would not create a 
directed fishery, but would preserve valuable catch data that can be 
used to assess the status of this species, especially considering that 
trawl surveys cannot produce reliable information due to the complex 
habitat that wolffish prefer.
    Response: The report of the Data Poor Working Group concluded that 
wolffish was overfished, but could not determine whether overfishing is 
occurring. The report noted the high level of uncertainty regarding 
many of the parameters used to determine stock status, including 
natural mortality, maximum age, and fecundity, and recommended that 
catch remain low. Research indicates that this species has a high 
survival rate if returned to the sea quickly. For these reasons, the 
Council developed the initial rebuilding program in Amendment 16 and 
adopted a zero possession allowance for this species to reduce F to the 
extent practicable. Because the Council did not consider allowing 
vessels to land one-fish-per-trip, as recommended by the NEHFA, NMFS 
cannot revise this action to implement the one fish per trip limit. 
Because the zero possession limit is consistent with National Standard 
1 Guidelines requirements to rebuild overfished stocks, NMFS implements 
the zero possession limit in Amendment 16 though this final rule.

Status Determination Criteria

    Comment 9: CLF and the Northeast Seafood Coalition (NSC) recognized 
the high level of uncertainty associated with the GOM and SNE/MA winter 
flounder stock assessments, respectively, and recommended that NMFS 
work with the NEFSC to improve the assessments of these stocks.
    Response: NMFS recognizes that GARM III indicates that there is a 
lot of uncertainty associated with the assessments of GOM and SNE/MA 
winter flounder. Efforts are currently underway to improve the 
assessments of these stocks, including updating histological maturity 
data and considering alternative forward projecting models. These 
improvements will be incorporated into the next assessments for these 
stocks.

Rebuilding Programs

    Comment 10: CLF accepted the rationalization for adopting an F of 
as close to zero as practicable for SNE/MA winter flounder under 
Amendment 16, but stated that there will be significant bycatch 
associated with this strategy.
    Response: NMFS believes that, given the circumstances associated 
with this stock, as described in the preamble to the proposed rule for 
this action, the rebuilding approach specified in Amendment 16 is 
reasonable and consistent with applicable law, including section 
304(e)(7) of the Magnuson-Stevens Act. NMFS acknowledges that bycatch 
remains a concern with this stock as it continues to rebuild, but 
contends that there are a number of provisions in Amendment 16 that 
help minimize bycatch to the extent practicable, including RGAs and an 
ABC control rule that increases incentives to reduce bycatch by basing 
the ABC on incidental bycatch, including a reduction in the bycatch 
rate, until the stock is rebuilt.
    Comment 11: The NSC indicated that the proposed rule did not 
clarify whether rebuilding programs could be revised through a biennial 
adjustment, a framework adjustment, or as part of the specifications 
process.
    Response: The regulations at Sec.  648.90(a)(2)(iii) and (a)(6)(i), 
as highlighted in NSC's comment, provide the Council with the authority 
to revise any measure currently specified in the FMP, including 
rebuilding programs, through one of the cited regulatory actions. As an 
example of the application of such authority, the Council previously 
established a rebuilding program for GB yellowtail flounder through FW 
42 in 2006, and plans on revising that same rebuilding program through 
FW 45 for 2011.
    Comment 12: The Cape Cod Commercial Hook Fishermen's Association 
(CCCHFA) supported efforts to establish rebuilding programs with a 75-
percent probability of success.
    Response: This action implements new rebuilding programs for witch 
flounder and GB winter flounder, both of which include a 75-percent 
probability of success for rebuilding by 2017. For the other new 
rebuilding programs established under this action (i.e., pollock, 
wolffish, and northern windowpane flounder), it is not possible to 
determine a probability of success due to uncertainty in the 
assessments, or because the assessments are based upon survey indices.

ABC Control Rule and Mortality Reductions Necessary To Achieve 
Rebuilding Targets

    Comment 13: The PEW Environmental Group (PEW) suggested that the 
ABC control rule in Amendment 16 is not lawful, in that Amendment 16 
should specify a probability that an actual catch equal to the ABC for 
each stock would result in overfishing, does not identify a stock 
biomass level below which no fishing should occur, and failed to 
specify a cap that would limit bycatch based upon the best scientific 
information available. CLF shared similar concerns, suggesting that 
future revisions to the ABC control rules should more closely reflect 
the letter of the National Standard 1 Guidelines.
    Response: The ABC control rule is consistent with the Magnuson-
Stevens Act and associated National Standard Guidelines. Section 
7.2.1.1.2 of the FEIS provides a qualitative assessment of the impacts 
of the ABC control rule on overfishing. The ABC control rule specifies 
the ABC of a particular stock at the median catch associated with 75 
percent FMSY or Frebuild, whichever is lower. 
Because the ABC for all stocks is set at the median catch associated 
with a level of F that is already below the level associated with 
overfishing (i.e., at 75 percent of FMSY), the ABC control 
rule will always result in ABCs with at least a 50-percent probability 
of avoiding overfishing. Thus, the ABC control rule will specify a 
level of catch such that the resulting F will always be less than the 
maximum F threshold when the stock is less than the biomass at MSY or 
its proxy, especially when additional information is not available to 
more accurately estimate uncertainty. Analysis included in the 
environmental assessment (EA) prepared for FW 44, currently under NMFS 
review, indicates that, although probabilities that overfishing would 
occur cannot be determined for all stocks, the FY 2010-2012 ABCs that 
result from the application of the control rule in Amendment 16 have 
between a zero and 20-percent chance of resulting in overfishing for 
stocks for which such a probability can be calculated. Thus, the 
application of the Amendment 16 ABC control rule has less than a 50-
percent

[[Page 18283]]

chance of resulting in overfishing, and is consistent with applicable 
court rulings. As specified in the response to comments in the final 
rule promulgating National Standard 1 Guidelines (January 16, 2009; 74 
FR 3190), the ABC control rule need not stipulate a level of biomass 
below which fishing is prohibited. Although ABC control rules could 
specify such a threshold, failure of this ABC control rule to specify 
such a threshold does not mean that the ABC control rule is 
inconsistent with National Standard 1. Finally, the Amendment 16 ABC 
control rule developed by the SSC specifies that, for stocks that 
cannot rebuild in the specified rebuilding period, the ABC should be 
based on incidental bycatch, including a reduction in bycatch rate 
(i.e., the proportion of the stock caught as bycatch). Because 
Amendment 16 measures prohibit all vessels from landing SNE/MA winter 
flounder, the ACL specified in FW 44 based on the Amendment 16 ABC 
control rule becomes the de facto bycatch cap. The SSC recommended the 
ABC that result in the ACL, and NMFS has determined that the bycatch 
cap for this species is based upon the best available scientific 
information.

ABC/ACL Specifications and Distribution Process

    Comment 14: Several commercial fishermen commented that the ACLs 
for pollock and GOM winter flounder are too low, do not match recent 
catch history for these stocks, and would result in substantial 
economic impacts to vessels and associated fishing communities. One 
commercial fisherman suggested that a trip limit be specified for 
sector vessels during FY 2010, or until the stock assessment can be 
corrected to reflect recent landing patterns, to ensure that sectors do 
not exceed their ACE for pollock and have to cease fishing. Another 
commercial fisherman questioned the accuracy of data that led to the 
specification of the GOM winter flounder ACL, stating that the GOM 
winter flounder ACL should be at least as high as the ACL for CC/GOM 
yellowtail flounder.
    Response: Amendment 16 specified the process for implementing ACLs 
in the fishery, but the actual ACLs for FY 2010 are proposed in FW 44. 
FW 44 and its associated EA state that the proposed ACLs are based upon 
the best scientific information available and reflect the ABC 
recommended by the SSC and the ACLs adopted by the Council. It is true 
that ACLs specified for the fishery at large, and the resulting ACEs to 
individual sectors, are not likely to be similar to recent catches, 
because F for many stocks must be reduced during FY 2010, and the ABCs/
ACLs specified must incorporate consideration of both scientific and 
management uncertainty, as required by the Magnuson-Stevens Act. NMFS 
believes that the ACL process in Amendment 16 is necessary and 
consistent with the requirements of the Magnuson-Stevens Act. Because 
the Council did not propose implementing a pollock trip limit for 
sectors under Amendment 16, NMFS cannot unilaterally implement such a 
provision in this final rule. However, sectors may independently impose 
a pollock trip limit for participating vessels to regulate catch and 
ensure that the sector does not prematurely harvest available pollock 
ACE allocated to that sector and require the sector to cease fishing.
    Comment 15: One commercial fisherman noted that the ACLs 
established by the Amendment 16 ACL specification process would not 
account for the catch of NE multispecies as a result of cooperative 
research. This individual stated that it is unreasonable to expect that 
a sector vessel owner will utilize valuable ACE to participate in a 
research project. Because such research is vital to fisheries 
management, this individual recommended that NMFS must identify a 
process to accommodate such research, including using ACL management 
reserves (presumably the amount of the ACL reduced to accommodate 
management uncertainty), or risk reducing industry participation in 
cooperative research.
    Response: Cooperative research is important to the management of NE 
multispecies. NMFS recognizes that sector vessel owners might be 
reluctant to use ACE to participate in cooperative research. However, 
there is currently no mechanism in the FMP to reserve a portion of the 
total catch to support cooperative research. The Council considered, 
but did not adopt, a research set-aside program under Amendment 16 that 
would have reserved 1 percent of the available catch of all stocks 
toward supporting research projects. Further, when quantifying the ACLs 
for FY 2010-2012 under FW 44, the Council did not specifically 
incorporate scientific research into considerations of management 
uncertainty. NMFS cannot unilaterally add a provision in this final 
rule to accommodate catch associated with cooperative research. 
However, the Council could reconsider a research set-aside program, or 
revise the components that contribute to management uncertainty through 
a future Council action. Based upon the ACL specification process in 
Amendment 16, this action accounts for the catch associated with 
cooperative research toward the ACL in two ways. First, if a vessel 
meets the definition of a scientific research vessel conducting a 
scientific research activity, as defined in the Magnuson-Stevens Act, 
catch associated with that research will be attributed to the other 
non-specified sub-components of the ACL for each stock, because such 
catch is outside of the authority of the FMP, similar to state-waters 
catch. Second, if the vessel is conducting an activity that does not 
meet the definition of a scientific research vessel conducting a 
scientific research activity, the vessel is subject to commercial 
fishing regulations and any catch will be attributed to either the ACL 
available to the common pool, or to a particular sector's ACE for each 
stock. Thus, absent other alternatives to accommodate cooperative 
research catch that avoid deducting it from a sector's ACE, all catch 
by cooperative research vessels is accommodated under this action.

AMs

    Comment 16: CLF contends that imposing AMs on the NE multispecies 
fishery for excessive catch in other fisheries is a form of inequitable 
punishment.
    Response: Consistent with the Magnuson-Stevens Act, Amendment 16 
specified AMs that would be sufficient to prevent overfishing of any 
stock regulated by the FMP. Because the FMP could not impose AMs on any 
other fishery, unless through a joint management action (Amendment 16 
is not a joint action), it was only possible to specify AMs that apply 
to the NE multispecies fishery in this action. With the exception of 
the Atlantic sea scallop and herring fisheries, most other fisheries 
catch minimal amounts of NE multispecies. The Council is already 
developing an AM to address yellowtail flounder bycatch in the scallop 
fishery under Amendment 15 to the Atlantic Sea Scallop FMP and could 
develop similar AMs for other fisheries through other actions. For the 
bycatch of regulated species and ocean pout stocks by the herring 
fishery, NMFS interprets the measures implemented by FW 43 for that 
fishery to be AMs for the purpose of controlling bycatch of stocks 
managed by the FMP. In the meantime, however, enforcing AMs on the NE 
multispecies is unavoidable in order to ensure compliance with the 
Magnuson-Stevens Act conservation objectives. Finally, National 
Standard 4 Guidelines recognize that disadvantaging one group of 
fishermen may be necessary to serve overarching conservation objectives 
of the FMP.

[[Page 18284]]

    Comment 17: CLF and the CCCHFA suggest that the Amendment 16 common 
pool differential DAS counting AM is not consistent with the National 
Standard 1 Guidelines because there are no inseason controls and no 
payback provision in the case of an overage. These groups, along with 
PEW, recommended that NMFS immediately impose a hard-TAC backstop, 
stating that there is no true catch limit for common pool vessels 
during FY 2010-2011. CLF supported implementation of the trimester TAC 
AM for the common pool, but noted that it expects NMFS will calculate 
an offset into the differential DAS counting rate to accommodate an 
overage payback mechanism.
    Response: The differential DAS counting AM is consistent with 
National Standard 1. Neither the Magnuson-Stevens Act, nor the National 
Standard 1 Guidelines mandate the use of fishery closures or the use of 
inseason controls as AMs. As outlined in the National Standard 1 
Guidelines, reactionary AMs similar to the differential DAS counting AM 
are just as valid as inseason AMs, although the guidelines recommend 
that inseason AMs be utilized whenever adequate inseason information is 
available. Amendment 16 requires the type of AMs described by 
commenters, but delays the implementation until FY 2012 in order to 
allow orderly transition from the current DAS management regime to one 
with many sectors, hard TACs, and fishery closures. In the meantime, 
Amendment 16 requires the use of a combination of accepted approaches 
to implement AMs beginning in FY 2010, employing a reactionary 
differential DAS counting AM for FYs 2010 and 2011. Although fishery 
closures would not be triggered upon the catch of common pool ACLs 
during FYs 2010 and 2011, management measures would be revised in the 
following FY through the implementation of differential DAS counting if 
these ACLs are exceeded, to prevent overfishing and exceeding such ACLs 
in the future, which is the intent of the new requirements of the 
Magnuson-Stevens Act. Further, if measures adopted under FW 44 are 
approved, the Regional Administrator would have the authority to revise 
common pool trip limits and DAS charging rates inseason to further 
assure that common pool catch rates would be controlled such that ACLs 
would not be exceeded. NMFS cannot unilaterally implement such a hard-
TAC backstop AM for FY 2010 under Amendment 16. Also, the Council did 
not specifically include an overage payback provision for the common 
pool in the differential DAS counting AM, despite adopting such a 
provision in the trimester TAC AM for FY 2012. Therefore, no changes to 
the differential DAS counting AM are implemented in this action.
    Comment 18: Five commercial fishermen and the NSC opposed the 
application of differential DAS counting for wolffish. One fisherman 
suggested that such protection is unnecessary, as most of the areas in 
which wolffish are caught are already off limits to commercial vessels 
due to permanent closure areas, and predicted that if such an AM is 
applied to wolffish, it would cause a derby fishery in the common pool. 
The NSC opposed the general application of differential DAS counting 
rates to smaller areas if the catch of that stock that contributes to 
triggering that AM would come from a much larger area.
    Response: The Magnuson-Stevens Act mandates that FMPs include AMs 
for all managed species to prevent overfishing. Because the Council 
added wolffish to the FMP in Amendment 16, an AM should be established 
for this stock to comply with applicable law, regardless of other 
measures in the FMP to protect this species, such as closure areas. 
Section 4.3.7.1.1 of the Amendment 16 FEIS describes that the common 
pool would be subject to the differential DAS counting AM for FYs 2010 
and 2011, but Amendment 16 does not specifically exempt any of the 
species managed under the FMP from this AM. In fact, the Council 
evaluated where each stock was caught to determine which areas would be 
subject to differential DAS counting if the AM for a particular stock 
was caught. Table 26 of the Amendment 16 FEIS identifies the areas in 
which differential DAS counting AM would apply for each stock managed 
by the fishery, including wolffish. Although the Council did not 
specifically identify wolffish catch as a trigger for a differential 
DAS AM, wolfish was not exempted from this AM either. In fact, 
Amendment 16 specifically listed the areas that would be affected by 
differential DAS counting if the ACL available to the common pool for 
this species was exceeded. Therefore, NMFS, under the authority 
provided in section 305(d) of the Magnuson-Stevens Act, has reasonably 
concluded that this species is not, nor was ever intended by the 
Council to be, exempt from the differential DAS counting AMs under this 
action. Wolffish is a bycatch species that is not targeted by the 
fishery. As a result, the FY 2010 ACL specified for wolffish for the 
common pool is very low. Although this could increase the risk that the 
differential DAS counting AM could be triggered, it is not likely that 
the fishery will revise its behavior to target this species as part of 
a derby fishery knowing that differential DAS counting might be 
triggered during the subsequent fishing year. Finally, even though 
wolffish is caught throughout the NE, it is caught predominantly in the 
inshore GOM and inshore GB areas. Therefore, it is unlikely that large 
amounts will be caught outside of these areas and contribute to 
triggering the AM for this stock. If catch shifts to other areas, the 
Council could revise these areas through a future Council action.
    Comment 19: The CCCHFA suggested that all vessels should be subject 
to fishery closures to ensure consistency with National Standard 4, and 
noted that common pool AMs are more lenient than sector AMs because 
they do not involve fishery closures, at least for FY 2010 and 2011.
    Response: NMFS disagrees that all segments of the fishery must be 
subject to the same measures to be fair and equitable, or that fishery 
closures are required as AMs, as noted in the response to Comment 17. 
The AMs in Amendment 16 reflect a balancing of different factors, 
including transition factors, regarding the multiple types of 
management measures to be implemented, are reasonably calculated to 
promote conservation, and do not discriminate between residents of 
different states. All AMs in Amendment 16 apply to all vessels in all 
states, even though the AMs applicable to individual vessels may be 
different. Each vessel owner has the choice to fish under hard TACs and 
fishery closure AMs in sectors, or to fish under the DAS system and its 
associated differential DAS counting AM. Therefore, the AMs implemented 
for the common pool for FY 2010 and 2011 are consistent with National 
Standard 4.
    Comment 20: CLF fully supports the proposed sector AMs, stating 
that they are fully compliant with applicable law. The NSC and 
associated members request that NMFS clarify what constitutes an 
overage regarding the requirement for sectors to cease fishing once or 
before an ACE is exceeded, by including regulatory text at Sec.  
648.87(b)(1)(ii) that references the date fish are received or 
purchased by a dealer after considering all ACE transfer requests 
received or approved by NMFS.
    Response: Based in part on NSC's comment regarding the 
clarification of an ACE overage, the regulations at Sec.  
648.87(b)(1)(ii) have been revised to include language that ACE 
overages will be determined on the date fish are received or purchased 
by a dealer, after considering all requests for ACE

[[Page 18285]]

transfers that are ultimately approved by the Regional Administrator.
    Comment 21: The NHCFA stated that the recreational AMs are not of 
the same proportion or consequence as the AMs specified for the 
commercial fishery. CLF suggested that there are no inseason or post-
season recreational AMs specified in Amendment 16. They suggested that 
NMFS should require the Council to develop a more robust AM program 
under Amendment 17 so that no component of the fishery is under the 
false impression that AMs are not applicable.
    Response: Amendment 16 indicates that the recreational AMs include 
adjustments to season, minimum fish size, or possession limits, with 
the ability to specify separate AMs for the private boat and charter/
party components of the recreational fishery. Further, Amendment 16 
indicated that these AMs would be triggered if the recreational fishery 
exceeded it's allocations of GOM cod and GOM haddock, or if the catch 
of these stocks by other components of the fishery not subject to an AM 
exceed their allocations and the overall ACL for either stock is 
exceeded, as described in detail in the proposed rule for this action. 
These measures will be implemented by January of the FY following the 
overage of the recreational AMs of GOM cod and/or GOM haddock. However, 
Amendment 16 does not include any specific recreational AM for a 
particular FY due to the uncertainty in the number of participants and 
the expected catches from year to year, and the need to coordinate the 
development of recreational AMs with the directors of state marine 
resource management agencies who sit on the Council. This is similar in 
approach to that applied to the differential DAS counting AM for the 
commercial fishery, in that the actual differential DAS counting rate 
and the area in which such a rate would apply will be specified by the 
start of the next FY based upon the projected catch for the commercial 
common pool fishery as of January of each year. The recreational angler 
permits/registry recently implemented will help reduce the uncertainty 
associated with the number of anglers fishing in a particular FY. 
However, the impact of changes to recreational possession limits, 
minimum fish size changes, and revisions to fishing seasons depend upon 
the amount and distribution of fishing effort, size of fish caught, and 
stock abundance and are difficult to quantify in advance, compared to 
commercial fishing effort. Therefore, recreational AMs will be 
developed once it is known how many fish were caught during a 
particular year, as necessary. Further, coordination with state 
resource management agencies through the Council is the most efficient 
way to ensure that recreational AMs can be effectively developed and 
implemented on the state level, where a substantial portion of 
recreational fishing activity occurs. All AMs implemented under this 
action are designed to prevent overfishing by either preventing ACLs 
from being exceeded, or addressing any overages of ACLs. Amendment 16 
is clear that the appropriate AMs will be developed by NMFS in 
consultation with the Council, should the recreational fishery exceed 
its allocation of GOM cod or GOM haddock during a particular FY. 
Therefore, while the Council could consider developing a more robust AM 
program in a future management action, it is not necessary to clarify 
the Council's intent regarding the applicability of AMs for the 
recreational fishery.

Issuance of Limited Access NE Multispecies and Atlantic Sea Scallop 
Permits

    Comment 22: PEW, CLF, CCCHFA, NAMA, and PERC strongly opposed the 
measure in Amendment 16 that allows the concurrent issuance of a 
limited access Atlantic sea scallop and a limited access NE 
multispecies permit. PEW, CLF, and CCCHFA claimed that it would 
undermine the successful transition to sectors and result in the loss 
of NE multispecies permits from several New England states due to 
acquisition of NE multispecies permits by scallop vessel owners. NAMA, 
PERC, and CCCHFA stated that such a provision eliminates incentives to 
reduce scallop bycatch and could turn the scallop fishery into a 
directed groundfish fishery. Finally, CLF suggested that there is 
inadequate analysis in the FEIS to support this measure, which does not 
meet the requirements of section 303(a)(9) of the Magnuson-Stevens Act; 
that there was no discussion of this measure by the Council; and that 
it is inconsistent with National Standard 8 because it fails to 
minimize adverse economic impacts on fishing communities. CLF urged 
NMFS to disapprove this measure unless it is clear that individual 
states fully support the potential reallocations of fishing effort that 
might occur.
    Response: In addition to the current limited access NE multispecies 
Combination permit, Amendment 16 expands the allowance of a vessel to 
be issued both a limited access NE multispecies permit and a limited 
access Atlantic sea scallop permit at the same time to enable vessels 
to operate in a more profitable manner and reduce the costs of having 
to purchase, operate, and maintain multiple vessels to participate in 
both fisheries. In doing so, Amendment 16 also increases the value of 
such permits and the economic efficiency of vessel operations. This 
measure has no direct impacts on allocations within or between 
fisheries, and does not compromise the conservation measures of the 
fishery, as existing effort controls and permit restrictions in both 
fisheries, including DAS allocations, gear restrictions, trip limits 
and permit-splitting provisions, are maintained. Therefore, a limited 
access scallop dredge permit vessel could not retain more groundfish 
than is already allowed. Further, only in a limited circumstance will a 
vessel be able to fish for both scallops and groundfish on the same 
trip. In this circumstance, the vessel will be required to fish with 
trawl gear and comply with the applicable regulations under both the NE 
Multispecies and Atlantic Scallop FMPs. Furthermore, the scallop 
fishery will still be subject to any groundfish ACLs distributed to the 
fishery, and limited in the amount of groundfish that could be caught. 
Only landings history of limited access NE multispecies permits will be 
used to contribute to sector ACE allocations. Therefore, this measure, 
by itself, will not eliminate incentives to reduce the catch of 
groundfish in the scallop fishery, or affect the allocations detailed 
in Amendment 16 or FW 44. Because conservation controls in both 
fisheries are maintained, there is little chance that this measure will 
adversely impact the F in either fishery. A full analysis of the 
expected impacts of this measure is in Section 7.0 of the FEIS. This 
analysis, along with the other analyses in the FEIS, complies with all 
of the elements of a fishery impact statement required by section 
303(a)(9) of the Magnuson-Stevens Act, and no further analysis is 
required. Although this analysis indicates that this measure may shift 
effort from New England states to MA states because the scallop fishery 
is predominantly based in SNE, the analysis notes that such shifts in 
effort are difficult to predict. While shifts in effort to different 
ports could result in the loss of revenue in affected communities, 
other measures in Amendment 16 help to foster continued participation 
in the NE multispecies fishery through the expansion of authorized 
sectors, increased access to haddock through revised SAPs and the 
Regular B DAS Program, and revisions to the DAS Leasing and Transfer

[[Page 18286]]

Programs. Taken as a whole, this action meets the conservation 
objectives of the FMP and applicable law, while minimizing the economic 
impacts and providing for the sustained participation of fishing 
communities to the extent practicable, consistent with National 
Standard 8. The Council first considered this measure early in the 
development of Amendment 16, voting unanimously to include this 
provision in Amendment 16 at its February 2007 meeting. This sentiment 
was reaffirmed in June 2009, when the Council adopted the final 
measures for Amendment 16, with a 15-0-2 vote for including this 
particular provision. Therefore, the Council has discussed this measure 
and there is universal support for this provision by all states 
participating in the Council, even those that some fear may lose NE 
multispecies permits as a result of this measure. Accordingly, NMFS has 
approved this measure in Amendment 16 and implements it through this 
action.

Recordkeeping and Reporting Requirements

    Comment 23: CLF offered general support for the reporting 
requirements in Amendment 16, but Oceana expressed concerns that the 
reporting requirements were inadequate. Oceana did not explain why the 
proposed monitoring and reporting requirements were inadequate other 
than to state that key studies for the use of different data collection 
methodologies exist (such studies were not identified by the 
commenter), and that many of the monitoring issues were resolved in 
closed-door workshops that were not open to the public. Oceana insisted 
that the monitoring issues discussed at these workshops must be 
communicated through the Amendment 16 rulemaking.
    Response: The workshops referenced by Oceana were not widely 
advertised and public participation was limited because they were 
designed to bring together NMFS staff and sector proponents and 
managers to work through some of the more difficult monitoring and 
reporting tasks associated with the Amendment 16 sector requirements. 
Based upon these meetings, reporting and monitoring strategies were 
refined and monitoring methodologies communicated to affected industry. 
NMFS believes that these workshops were essential to increasing the 
effective implementation of such requirements, increasing the accuracy 
of catch monitoring data under this action, and fostering cooperation 
between NMFS and sector participants. All of the discussions regarding 
how to effectively implement the Amendment 16 reporting requirements, 
including the workshops referenced by Oceana, are available to the 
public on the NERO Web site (http://www.nero.noaa.gov/sfd/sfdmultisectorinfo.html). Further information on these workshops and 
the monitoring and reporting requirements implemented by this action 
are available from the Regional Administrator (see ADDRESSES).
    Comment 24: Five commercial fishermen, NHCFA, the Associated 
Fisheries of Maine (AFM), and the UNFA opposed increasing the 
submission frequency of ``did not fish'' reports. They stated that 
increasing the frequency of ``did not fish'' reports is too burdensome, 
as NMFS will receive sufficient catch information for a majority of the 
fleet through weekly sector catch reports and will be able to identify 
whether a vessel fished or not through VMS. Two commercial fishermen 
and the AFM specifically recommended that ``did not fish'' reports 
should only be submitted on a monthly basis, consistent with existing 
regulations. CCCHFA supported weekly VTR submission requirements.
    Response: Increased reporting is critical to provide the data 
necessary for effectively monitoring catch under Amendment 16. Because 
several of the ACLs and sector ACEs are expected to be very small 
during FY 2010, it is not only important to identify when a vessel has 
fished and what it caught, but also to know when the vessel did not 
fish to identify if any catch data are missing. Therefore, ``did not 
fish'' reports are vital pieces of information that reduce the 
uncertainty of catch monitoring data. While there may be other data 
sources that can provide such information, including VMS position 
reports, not all vessels that land groundfish are required to use VMS. 
Therefore, it is not possible to rely on VMS at this time to accurately 
identify whether or not all vessels have actually fished during a 
particular reporting week. NMFS's Fisheries Statistics Office is 
attempting to develop ways to minimize the burden associated with 
submitting ``did not fish'' reports, including reevaluating the 
reporting frequency for such trips, electronic submission of ``did not 
fish'' reports, and offering alternative ways to confirm that a vessel 
did not fish during a reporting week. Any such changes would be 
implemented consistent with the Administrative Procedure Act, as 
appropriate.
    Comment 25: Four commercial fishermen, NSC, and CCCHFA support the 
implementation of electronic VTRs through this action, stating that 
such technology is necessary to comply with the reporting requirements 
of Amendment 16.
    Response: Current regulations allow the Regional Administrator to 
authorize the use of electronic VTRs instead of the conventional paper 
VTRs. To date, the Regional Administrator has not authorized the use of 
such electronic VTRs, as the existing technology has not yet been 
determined to be adequate. There are several pilot programs currently 
underway that are testing the efficacy of available electronic VTR 
software. Should efforts to develop and test new electronic VTR systems 
that meet the goals of the FMP and the existing regulations be 
determined to be successful, the Regional Administrator can authorize 
the use of such systems through rulemaking consistent with the 
Administrative Procedure Act.
    Comment 26: One commercial fisherman opposed requirements for 
vessel operators to declare their intent to fish in one or more of the 
broad stock areas prior to each trip, and to submit trip-level VMS 
catch reports detailing the amount of NE multispecies kept from each 
broad stock area. This individual recommended that the existing catch 
reporting requirements be maintained, as there is no need for such 
additional reporting burdens.
    Response: The current catch reporting requirements are not 
sufficient to address the additional monitoring requirements associated 
with implementing ACLs and sector measures under Amendment 16. It was 
widely recognized during the development of Amendment 16 that the 
existing reporting requirements did not provide timely information to 
attribute catch to stock areas. Even with the increased VTR submission 
requirements implemented by this final action, there is still a delay 
in receiving, processing, and validating such VTR data. Amendment 16 
included a number of revisions to the existing reporting requirements 
to increase the timeliness and accuracy of catch data by helping 
attribute NE multispecies catch to the correct stock area until VTRs 
become available. Without additional reporting data, it would not be 
possible to accurately monitor catch in the NE multispecies fishery and 
ensure that sub-ACLs allocated to common pool vessels and ACEs 
allocated to sectors are not exceeded and result in overfishing. 
Because the Council specifically adopted new reporting requirements 
that involve reporting catch by broad stock area, NMFS cannot replace 
such reporting requirements in this action. Therefore, this action 
implements the additional reporting

[[Page 18287]]

requirements approved in Amendment 16.
    Comment 27: The AFM suggested that NMFS revise the GB broad stock 
areas to reflect the division between the Eastern and Western U.S./
Canada Area. They suggested that this would reduce confusion over the 
new reporting requirements and increase the accuracy of the reporting 
requirements.
    Response: The Eastern and Western U.S./Canada Areas are used to 
facilitate the management of transboundary stocks of yellowtail 
flounder, cod, and haddock with Canada as part of the Understanding. 
The differentiation between Eastern and Western U.S./Canada Areas is 
necessary to ensure that NMFS can accurately monitor the catch of 
Eastern GB cod and Eastern GB haddock toward the harvest of area-
specific quotas specified as part of that agreement. Thus, the 
differentiation between these areas is only necessary for 2 of the 20 
stocks managed by the FMP. While revising the Offshore GB Broad Stock 
Area to reflect the current division between the Eastern and Western 
U.S./Canada Area may better reflect reporting areas familiar to many 
vessels, it would unnecessarily increase, not decrease, the complexity 
associated with the new catch reporting requirements, and would likely 
lead to less accurate catch reporting overall. This is because all 
vessels fishing in this area would be required to report catch of each 
species in each area, which could lead to misreporting and data entry 
errors. The existing VMS declaration provisions require vessels to 
declare their intent to fish in either the Eastern or Western U.S./
Canada Areas, or both areas, on the same trip. Such declarations are 
used to ensure that DAS counting, gear requirements, and applicable 
trip limits can be enforced, but also to differentiate catch for 
Eastern GB cod and Eastern GB haddock stocks for catch monitoring 
purposes. Because differentiating catch between the Eastern and Western 
U.S./Canada Areas is not necessary for a vast majority of stocks, the 
recommendations by the AFM would unnecessarily increase the cost and 
time burden associated with complying with such reporting requirements 
without further contributing to catch monitoring under this action. 
Therefore, this action does not revise the Offshore GB Broad Stock Area 
to differentiate between the Eastern and Western U.S./Canada Area.
    Comment 28: The CCCHFA supported the declaration and reporting 
requirements involving broad stock areas, but suggested that vessels 
should not be allowed to fish in multiple broad stock areas without 
100-percent observer coverage.
    Response: The suggestion to require 100-percent observer coverage 
for vessels fishing in multiple broad stock areas on the same trip is 
likely intended to reduce incentives for vessels to misreport catch. 
The Council did consider restricting vessels to fish in only one broad 
stock area per trip to simplify administration and increase the 
accuracy of catch reporting. However, the Council concluded that such 
an approach would be overly restrictive on vessel flexibility and 
efficiency of vessel operations. Various sources of data are used to 
validate one another, including self-reported catch data. For example, 
VMS positional data could be used to validate self-reported catch data 
by stock area to increase the accuracy of monitoring data and enforce 
the reporting requirements implemented by this action.
    Comment 29: One commercial fisherman, AFM, and the Sustainable 
Harvest Sector supported the provision that would exempt sector vessels 
from the daily VMS reporting requirements associated with the U.S./
Canada Management Areas.
    Response: For the reasons listed in the discussion of the SMP 
reporting requirements in Item 8 of the preamble of the proposed rule 
for this action, NMFS determined that daily SMP-specific VMS catch 
reports for sector vessels are unnecessary, and is not implementing 
such requirements in this final rule. However, consistent with the 
provision adopted by the Council in Amendment 16, NMFS reserves 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.
    Comment 30: The Sustainable Harvest Sector believed that the 
proposed rule incorrectly specified that sector managers must provide 
daily catch reports to NMFS for sector vessels participating in the CA 
I Hook Gear Haddock SAP and believes that this provision should have 
been applied to individual vessels instead.
    Response: The final rule implementing FW 41 (September 14, 2005; 70 
FR 54302) included regulations at Sec.  648.85(b)(7)(v)(D) that specify 
sector vessels fishing in the CA I Hook Gear Haddock SAP must submit a 
daily catch report to the sector manager based upon instructions 
provided by the Sector manager. The sector manager is responsible, in 
turn, for providing daily catch reports for participating vessels to 
NMFS. Therefore, this final rule only continues already existing 
requirements.
    Comment 31: Two individual fishermen, the Sustainable Harvest 
Sector, and the NHCFA supported the pre-trip notification requirements 
proposed in this action, but suggested that 24-hr notice instead of 48-
hr notice would be more effective, particularly for smaller vessels 
that fish nearshore. The AFM supported the notification requirements as 
proposed, while one other fisherman suggested that they were an 
unnecessary burden on industry. Two other fishermen suggested that a 
vessel should be able to notify the Observer Program of its intent to 
fish for the entire week, similar to current practices in the CA I Hook 
Gear Haddock SAP.
    Response: As stated in the proposed rule, NMFS believes the pre-
trip observer program notification requirements are necessary to 
effectively implement observer/at-sea monitoring coverage objectives 
under this action. Forty-eight hours is considered the minimum amount 
of time necessary to determine observer/at-sea monitoring coverage and 
deploy an observer/at-sea monitor once assigned. Therefore, this action 
does not revise the 48-hr advanced notice requirement. The proposed 
regulations included a weekly notification provision to accommodate 
small vessels that fish closer to shore that was, at least in part, 
based upon the practices deployed for the CA I Hook Gear Haddock SAP. 
That weekly notification requirement is implemented through this final 
rule.

Effort Controls

    Comment 32: One commercial fisherman indicated that the Amendment 
16 effort controls would pose a serious economic burden on common pool 
vessels. He suggested that, because Day gillnet vessels do not catch 
much flounder, they should not be subject to further effort controls 
under this action. The NEHFA expressed similar concerns, stating that 
such effort controls will eliminate the GOM cod hook fishery and might 
cause a derby fishery.
    Response: The Amendment 16 effort controls are necessary to reduce 
F for a number of overfished stocks, most notably cod and pollock, 
species that are caught by both gillnet and hook gear. F on GOM cod 
must be reduced by 40 percent, while F on pollock must decrease by 73 
percent compared to the F from catch in FY 2008 to achieve the 
conservation objectives of this action. Therefore, effort controls on 
these two gear types are necessary to end overfishing and rebuild these 
overfished stocks. Economic impacts associated with effort reductions 
to achieve the

[[Page 18288]]

conservation objectives of the FMP and applicable law are unavoidable. 
The analysis prepared for this action suggests that these effort 
controls would result in greater impacts on gillnet vessels than other 
gear types, but that impacts on hook vessels would be the least 
affected among all gear types. However, Amendment 16 strove to minimize 
the economic impacts of management measures without compromising 
rebuilding efforts by removing obstacles that limit participation in 
the DAS Leasing and Transfer Programs and sectors, increased access to 
haddock resources, and increased trip limits for some stocks, among 
other provisions. The potential for a derby fishery in the common pool 
was a concern expressed by several fishermen upon the adoption of 
Amendment 16 by the Council in June 2009. Based upon these concerns, 
the Council provided the Regional Administrator with the authority to 
revise DAS counting rates and trip limits for NE multispecies stocks 
under FW 44 to ensure that the ACLs available to the common pool are 
not prematurely harvested and to minimize the potential for a derby 
fishery in the common pool.
    Comment 33: CLF and CCCHFA suggested that small gillnet boats will 
be disproportionately burdened by the 24-hr DAS counting measure for 
the common pool. They also indicate that this measure causes safety 
concerns, and recommended that the Council evaluate the impacts to 
small day-boat fishermen if this provision is implemented.
    Response: The Amendment 16 analysis indicates that small gillnet 
vessels will be more affected by 24-hr DAS counting than larger vessels 
and vessels using other gear types. Despite the different impacts on 
vessels of different sizes and gear types, all vessels will be subject 
to the same effort controls, and this measure does not discriminate 
between permit holders from different states. The 24-hr DAS counting 
measure more accurately reflects the manner in which DAS allocations 
were first calculated in the FMP, and is designed to end overfishing 
and rebuild overfished stocks consistent with the conservation 
objectives of the FMP and the requirements of the Magnuson-Stevens Act. 
During previous actions, safety concerns were raised regarding 
differential DAS areas because vessels could be encouraged to fish 
farther from shore. There is no evidence to support claims that changes 
in DAS counting rates affect fishing behavior in ways that would 
compromise safety, and there is no evidence that the measures 
implemented by this action would compromise safety any more than 
previous management measures, as described in Section 7.6 of the FEIS. 
Examination of historical fishing patterns in the Day gillnet fleet 
suggest that, despite being charged more DAS than actually fished, many 
vessels elect to return to port early to reduce operational costs. This 
suggests that it is not likely that the 24-hr DAS counting measure 
would compromise vessel safety. Moreover, there is nothing in this 
measure that requires a vessel to operate in an unsafe manner to catch 
or harvest fish. Therefore, NMFS concludes that this measure is 
consistent with National Standards 4 and 10.
    Comment 34: The NSC and associated members stated that the impacts 
of the common pool measures are not properly documented in the FEIS and 
that makes it difficult for the public to evaluate the impacts and 
comment on the proposed measures.
    Response: The impacts of the common pool measures are thoroughly 
documented in Section 7.0 of the FEIS. Because of uncertainty in the 
degree and scope of participation in sectors, the FEIS analyzed the 
impacts of common pool measures assuming that all vessels would 
participate in the common pool. This is a worst-case scenario, 
necessary to ensure that common pool measures will effectively meet the 
conservation objectives of this action, as noted in the FEIS. As 
highlighted earlier in this preamble, the impact of Amendment 16 
measures can only be fully understood by considering other related 
actions, namely FW 44 and the final rule to approve sector operations 
plans. Accordingly, a more accurate evaluation of the likely impacts of 
common pool measures can be found in the EA prepared for FW 44, as that 
action revises some of the common pool measures in Amendment 16, 
specifies the ACLs for FYs 2010-2012, and evaluates common pool impacts 
based upon sector rosters submitted to NMFS as of September 1, 2009. 
The EA for that action is available from the Council (see ADDRESSES).
    Comment 35: CLF supported the implementation of RGAs under this 
action.
    Response: This action implements RGAs to create incentives to fish 
more selectively on GB and SNE, and to reduce the catch of overfished 
stocks such as cod, pollock, witch flounder, SNE/MA winter flounder, 
and SNE/MA yellowtail flounder.
    Comment 36: Ten commenters, including seven commercial fishermen, 
AFM, NSC, and the Sustainable Harvest Sector supported the GOM Haddock 
Sink Gillnet Pilot Program, stating that it was the only way to access 
abundant resources of GOM haddock due to the fact that 6.5-inch (16.51-
cm) mesh gillnets cannot effectively catch haddock. They suggested that 
there are sufficient controls to control mortality on affected stocks. 
Three commercial fishermen, AFM, and NSC suggested that if this pilot 
program is disapproved, a process for consideration of sector exemption 
requests for relief from gillnet requirements should be provided. CLF 
expressed concern about the impact of this pilot program on wolffish, 
considering that wolffish migrate through the proposed pilot program 
area.
    Response: This pilot program would have allowed vessels on a 
fishery-wide basis to target haddock while using 6-inch (15.24-cm) mesh 
gillnets, which is less than the minimum mesh size currently required, 
from January through April. As stated in the preamble to the proposed 
rule, NMFS considers this pilot program a SAP under the FMP, as it 
would have provided access to regulated multispecies that would 
otherwise be prohibited. According to Amendment 13, SAPs are intended 
to facilitate the targeting of healthy stocks, without compromising 
efforts to end overfishing or rebuild overfished stocks by using 
selective gear or fishing when interaction with stocks of concern 
(i.e., stocks that must have fishing mortality reduced to end 
overfishing or rebuild the overfished stock) are minimized. Research 
cited in the Amendment 16 FEIS to support this pilot program indicated 
that the catch of the target species (haddock) was too low to evaluate 
the selectivity of gillnets for haddock adequately, while the catch of 
cod and pollock was too high to reasonably conclude that this pilot 
program would not have an adverse impact on these overfished stocks. 
During this experiment, only 71 haddock were caught, while 264 cod and 
873 pollock were caught. The report concludes that ``bycatch of cod is 
likely to be a challenge for a directed springtime haddock fishery on 
this portion of Jeffreys Ledge,'' that ``make(ing) a regulatory change 
based upon this study alone (is) unwise,'' and that ``further work must 
be done on avoiding cod bycatch if a haddock gillnet fishery is to be 
reestablished in this area'' (Marciano, et al., 2005). Researchers 
suggest that gear modifications that raise the webbing of gillnets 
several feet off the bottom would enhance the selectivity of gillnet 
gear and promote the objectives of this pilot program. While this work 
was reportedly conducted in 2006, a final

[[Page 18289]]

report of the work has not been made available, and, thus, its results 
have not been used to enhance the effectiveness of the proposed pilot 
program. As this research demonstrates, gillnets are effective at 
catching both pollock and cod, stocks that require reductions in F to 
rebuild. Section 7.2.1.3.1.4 of the FEIS indicates that, if the catch 
rates of these species remain the same or increase under the proposed 
pilot program, F on these species may increase. While the FEIS also 
indicates that F might decrease if catch rates decrease, the FEIS does 
not provide any evidence that catch rates of cod and pollock would 
actually decrease as a result of using smaller mesh in this program. 
The research used to support this pilot program, and recent landings 
data, indicate that haddock catches by gillnet gear in the GOM are 
minimal in January and February, and peak in March. However, large 
amounts of both cod and haddock are regularly landed in January and 
February. This suggests that this pilot program, as proposed, would 
encounter larger amounts of cod and pollock early in the proposed 
season, while haddock catch rates would not increase until later in the 
season. As a result, the proposed pilot program could either maintain 
or increase catches of these species compared to current measures, 
particularly considering the proposed use of smaller mesh, as also 
suggested in the FEIS. Thus, this program could undermine rebuilding 
programs for these stocks without substantially increasing the catch of 
haddock. Based upon the above information, NMFS determined that the 
proposed pilot program was inconsistent with National Standards 1 and 9 
because it could increase catch and fishing mortality, and may lead to 
excessive discards of overfished stocks of GOM cod and pollock. 
Moreover, it was inconsistent with the FMP provisions, including the 
SAP provisions outlined in Amendment 13 and Objectives 3 (constrain 
fishing mortality to levels compliant with the Sustainable Fisheries 
Act), 4 (prevent overfishing), and 10 (minimize bycatch) of the FMP. 
Therefore, this proposed pilot program was disapproved under Amendment 
16 and is not implemented by this action. The Council could revise the 
proposed pilot program in a future action to better reflect months when 
low catch rates of cod and pollock correlate with high catch rates of 
haddock (i.e., March and April) to maximize opportunities to increase 
the catch of haddock without unnecessarily increasing mortality on cod 
and pollock. It also appears that elements of this program could be 
used to increase access to haddock on a smaller, more controlled scale 
by sector vessels, without unnecessarily compromising efforts to 
eliminate overfishing and rebuild overfished stocks of cod and pollock. 
Therefore, NMFS would consider approval of such opportunities for 
sectors through another means, and will work with the Council to 
explore such possibilities, including granting additional exemptions to 
approved sectors through an additional rulemaking consistent with the 
Administrative Procedure Act.

DAS Leasing and Transfer Programs

    Comment 37: CLF expressed general support for revisions to the DAS 
Leasing and Transfer Programs, while the UNFA suggested that vessels 
not fishing in sectors should be allowed to lease their landings 
history percentage (presumably PSC) to other sector vessels.
    Response: Revisions to the DAS Leasing and Transfer Programs are 
necessary to increase participation in these programs to help mitigate 
the economic impacts of continued effort controls and increase the 
economic efficiency of vessels to the extent practicable. Therefore, 
this action implements the proposed revisions to these programs. NMFS 
does not agree that common pool vessels should be allowed to lease PSCs 
to other vessels, particularly to vessels that are participating in 
sectors. PSC is not a commodity or allocation unto itself that can be 
traded among vessels, but rather a characteristic of the permit. A 
permit's PSC can only be used to contribute to the ACE allocated to a 
sector through the participation of that permit in a particular sector. 
Without further details about how to implement such a measure, the 
suggestion by UNFA implies that a common pool vessel could fish under 
its DAS, but allow another vessel to lease its PSC to fish under a 
sector. This would essentially double count the fishing history 
associated with each common pool permit because it would increase the 
PSC and, therefore, ACE available to sector vessels without also 
decreasing the available ACL specified for the common pool caused by 
the transfer of that PSC. This could lead to excessive effort and, 
possibly, overfishing in the fishery. Therefore, the suggestion by the 
UNFA is not implemented in this final rule.
    Comment 38: Three commercial fishermen and the AFM supported the 
elimination of the DAS Transfer Program's conservation tax. One of 
these fishermen and the AFM suggest that catch history for other 
permits should be preserved upon transfer to another vessel, even if 
duplicate permits are voluntarily relinquished.
    Response: This action eliminates the DAS Transfer Program 
conservation tax. The DAS Transfer Program was originally implemented 
in Amendment 13 as a means to reduce capacity in the fishery. 
Preserving the fishing history of permits that are voluntarily 
relinquished would not reduce capacity in the fishery, as originally 
intended. Because the Council did not propose such a provision in 
Amendment 16, NMFS cannot implement such a revision through this final 
rule.

SMPs and SAPs

    Comment 39: The CCCHFA supported the continuation of the delayed 
opening of the Eastern U.S./Canada Area to trawl vessels until August 
1, and opposed the continuation of the 5-percent cap of the Eastern 
U.S./Canada Area GB TAC that could be landed by hook gear vessels prior 
to August 1.
    Response: The delayed opening of the Eastern U.S./Canada Area to 
trawl vessels and its associated limitation on the amount of Eastern GB 
cod that could be harvested by hook gear vessels is a measure that was 
previously implemented through existing Regional Administrator 
authority as part of the yearly specifications package implementing 
U.S./Canada Management Area TACs. Accordingly, these comments are more 
appropriate for FW 44, the action that would implement ACLs and U.S./
Canada Management Area TACs for FY 2010. As proposed, FW 44 would delay 
the opening of the Eastern U.S./Canada Area to trawl vessels until 
August 1, but would retain the existing cap on the amount of Eastern GB 
cod that may be caught by hook vessels prior to August 1.
    Comment 40: The CCCHFA supported the renewal of the Eastern U.S./
Canada Haddock SAP. One commercial fisherman, AFM, and the Sustainable 
Harvest Sector suggested that sectors should be able to use any gear 
type in this SAP, provided the individual sectors are allocated ACE for 
stocks caught in the SAP area.
    Response: Consistent with the approved measures in Amendment 16, 
this final rule allows sectors to use any gear type in this SAP, 
provided the sector is allocated ACE for all stocks caught in this SAP, 
and renews this SAP indefinitely.
    Comment 41: Two commercial fishermen, AFM, and the CCCHFA supported 
the expansion of both the CA I Hook Gear Haddock SAP area and season. 
One other commercial fisherman and the AFM recommended

[[Page 18290]]

that sectors should be able to use any bait they choose in this SAP, 
considering all catch would count against the sector's ACE for each 
stock.
    Response: The expansion of the CA I Hook Gear Haddock SAP is 
implemented through this final rule. As explained in the preamble to 
the proposed rule, the bait restrictions originally adopted by the 
Council in FW 41 were inadvertently omitted from the regulations 
implemented by the final rule for that action. This final rule 
implements these bait restrictions to ensure that the regulations 
accurately reflect provisions adopted by the Council in FW 41. Because 
the Council did not provide for a specific exemption from such bait 
restrictions in Amendment 16, NMFS cannot provide a sector exemption 
from the bait requirements for this SAP in this final rule. The Council 
could reconsider its decision, however, any changes, would be 
implemented through a future action.
    Comment 42: One commercial fisherman and the AFM support proposed 
revisions to the CA II Yellowtail Flounder/Haddock SAP. This fisherman 
recommended that NMFS revise the final regulations to clarify that 
sector vessels fishing in this SAP may have other gear on board, 
provided it is stowed, and allow such vessels to fish in other areas on 
the same trip. The CCCHFA, however, only supported revisions to the CA 
II Yellowtail Flounder SAP if they were supported by similar standards 
of research as were required to approve revisions to the CA I Hook Gear 
Haddock SAP. Further, they supported increased access to haddock, but 
only by gear proven to selectively harvest that species--specifically 
hook gear.
    Response: The proposed rule included revisions to the regulations 
at Sec.  648.85(b)(3)(v) that would specify that vessels could fish 
inside and outside of CA II Yellowtail Flounder/Haddock SAP, provided 
they declared their intent to do so in accordance with instructions 
provided by the Regional Administrator and complied with the most 
restrictive DAS counting requirements, trip limits, and reporting 
requirements for the area fished. Further, the proposed rule included 
revised regulations at Sec.  648.85(b)(3)(x) that would clearly note 
that other gear may be on board vessels participating in this SAP, 
provided it is stowed according to Sec.  648.23(b). These proposed 
revisions are implemented in this final rule and, therefore, no 
additional changes to the regulations are necessary to address issues 
raised by the public. The CA II Yellowtail Flounder SAP was originally 
approved in Amendment 13 based upon research reviewed by the Council 
prior to the approval of that action. That research evaluated the catch 
of yellowtail flounder, cod, haddock, and other species using trawl 
gear in the proposed SAP area. Other research to support the Eastern 
U.S./Canada Haddock SAP using a haddock separator trawl, the expansion 
of the CA I Hook Gear Haddock SAP, and the development of the Ruhle 
trawl demonstrate that such gears can selectively target haddock, while 
reducing the catch of cod and flatfish species. Although these gears 
had different successes at increasing the selectivity of the fishery, 
they were all evaluated in the same manner and all contribute to 
furthering the objectives of the FMP and the Magnuson-Stevens Act. Only 
gear supported by applicable research was approved for use by the 
Council in Amendment 16, as listed in Table 182 of the Amendment 16 
FEIS.

Recreational Measures

    Comment 43: CLF expressed general support for recreational 
measures, but three commercial fisherman, NSC, and the NHCFA suggested 
that the recreational allocation of GOM cod and GOM haddock was unfair 
and inconsistent with National Standard 4, stating that to be 
equitable, allocations between commercial and recreational fishermen, 
and between sectors and common pool vessels need to be the same and 
cannot benefit one group to the detriment of another group. One 
individual opposed any allocation to the recreational fishery on the 
grounds that it would negatively impact the private angler from 
accessing fishery resources.
    Response: As stated in the August 12, 2009, letter from Council 
Chairman John Pappalardo to the Secretary regarding the Council 
minority report on the adoption of Amendment 16, the allocation of 
available resources between commercial and recreational components of 
the fishery are entirely separate from and unrelated to the calculation 
of PSCs that establish sector ACE allocations. The use of the more 
recent time period for the recreational allocation in Amendment 16 
reflects the Council's consideration of the potential inaccuracy of 
recreational catch data in earlier years and the current conditions in 
the fishery. The more recent time period is considered to be more 
representative of where the fishery is at present, and where it is 
likely to be going in terms of the proportions caught by the two 
components of the fishery. Accordingly, NMFS does not find an 
inconsistency between the different standards for allocating ACE versus 
the recreational allocation of groundfish. The National Standard 4 
Guidelines indicate that management measures must not discriminate 
between residents of different states, and that any allocations of 
fishing privileges must be fair and equitable to all fishermen and 
reasonably calculated to promote conservation. Amendment 16 establishes 
a process to allocate portions of the ACLs of GOM cod and GOM haddock 
to the recreational fishery based upon the proportion of recreational 
catch between FYs 2001 and 2006. Both commercial and recreational catch 
are evaluated using the same time period, a period during which both 
fisheries were subject to restrictions on the catch of such stocks, to 
determine the amount of these stocks caught by each fishery. These 
allocations are necessary to provide accountability to every segment of 
the fishery that catches groundfish, and to develop more segment-
specific management measures that more effectively reduce F for such 
segments. Therefore, this measure is consistent with National Standard 
4, as described in Section 9.1.1 of the Amendment 16 FEIS. Amendment 16 
did not distribute the recreational allocation of GOM cod and GOM 
haddock between the private angler and charter/party components of the 
recreational fishery. Therefore, this action does not inhibit either 
component of the recreational fishery from catching these stocks. 
However, the Council specifically included the capacity to develop 
separate AMs for the private and charter/party components of the 
fishery to ensure that excessive catch by one component does not 
compromise the continued access to these resources by the other 
component.

Sector Measures

    Comment 44: Two commercial fishermen, EDF, PEW, CLF, and TNC 
expressed strong general support for sector management measures 
proposed in Amendment 16.
    Response: For the reasons specified in Amendment 16 and the 
preamble to the proposed rule for this action, NMFS approved, and this 
final rule implements, the Amendment 16 sector measures.
    Comment 45: Four commercial fishermen opposed sector management in 
general, stating that it is akin to privatizing fishery resources and 
will lead to the elimination of the small vessel fleet. These 
individuals preferred to continue to operate under the DAS management 
regime.
    Response: Sector management does not privatize fishery resources, 
or lead to the elimination of the small vessel fleet. A sector is a 
group of persons holding limited access permits that

[[Page 18291]]

agree to work together for a specific period of time and under specific 
regulations to harvest a share of the available ACLs. Thus, sector 
allocations are temporary, changeable, and do not constitute a property 
right in the most common use of the term, or even an allocation of 
fishing privileges, as such terms are used in the Magnuson-Stevens Act. 
Under Amendment 16, each vessel may choose to enter a sector, or fish 
under the common pool and remain subject to DAS management. It is up to 
each individual vessel owner to decide which management regime would 
offer the most benefits to him/her. Because small vessels fish closer 
to shore and will likely be more adversely affected by the 24-hr DAS 
counting provisions in Amendment 16 than larger vessels, sector 
management may actually offer a better means to remain economically 
viable compared to DAS management, because sectors are universally 
exempted from DAS restrictions. Small vessels can form their own sector 
if they so choose, or enter another existing sector if it offers 
sufficient benefits.
    Comment 46: The NEHFA commented that it is impossible for limited 
access Handgear A vessels to make a profit under sector management due 
to the costs to enter, administer, and monitor sector operations. This 
group recommended that Handgear A vessels should be exempt from all 
sector measures that require vessels to pay any associated costs, and 
suggested that Amendment 16 is inconsistent with National Standard 7 in 
that it does not minimize costs and requires Handgear A vessels to 
comply with all of the sector provisions. Finally, the NSC and three 
associated commercial fishermen indicated that the fishing industry 
cannot afford to pay for all of the sector management costs and must 
rely upon Federal funding to remain economically viable. The Northeast 
Coastal Communities Sector also noted that NMFS needs to ensure that 
the dockside monitoring costs for all sectors are fully covered for FY 
2010 and that no individual sector be allowed to carry a balance of 
funds into 2011 if another sector has insufficient funds to over their 
dockside monitoring.
    Response: Amendment 16 anticipated a number of costs associated 
with sectors, including costs to join a sector and pay for a sector 
manager, and costs associated with monitoring and reporting provisions. 
Amendment 16 includes estimates of the costs associated with sector 
measures. The Council believed that these provisions are necessary to 
administer and effectively monitor sector operations, and that the 
benefits of transitioning from the current effort control system to a 
quota management system under sectors outweigh the costs associated 
with sector provisions. Under Amendment 16, the Council specified that 
the fishing industry would pay for the costs associated with sector 
provisions, and did not provide for alternative funding sources. While 
many of the administrative and monitoring costs associated with sector 
operations during FY 2010 will be paid by NMFS through Congressional 
appropriations dedicated to supporting Sector development, it is 
unclear whether such funding will remain available to support sector 
operations in future FYs. Additional funding has been made available 
from individual states, as well as from several environmental groups, 
to support individual sector development. If such funding from one or 
more of these sources is no longer available, the fishing industry will 
be responsible for paying these costs. Some management measures 
considered in Amendment 16 were not selected in part because of 
concerns over the costs and burdens of administering the program. The 
costs associated with 100-percent at-sea and dockside monitoring 
coverage were deemed to outweigh the benefits expected from such 
measures. Therefore, this action minimized costs to the extent 
practicable, consistent with National Standard 7. As discussed in the 
response to Comment 41, each individual vessel owner must choose which 
management regime would provide the most benefits based upon his/her 
intended operations. Further, if costs to join an already existing 
sector are considered too high, vessels may form their own sector with 
similarly situated vessels.
    The NMFS funding available to help offset costs associated with 
dockside monitoring during FY 2010 have been awarded by grant to a 
third party, GMRI, who is working directly with sector representatives 
to ensure the funds are distributed equitably to each sector relative 
to their particular monitor needs. Variables affecting dockside 
monitoring costs include the volume of catch, the number of trips, the 
need to provide service to remote ports, the need for roving monitors, 
or any combination of the above. However, these costs are difficult to 
estimate without full knowledge of how fishing operations will be 
executed during FY 2010. The amount of the total grant to be 
distributed to sectors exceeds the current estimated total cost of 
dockside monitoring for all of the sectors. If necessary, funds can be 
shifted to optimize their effectiveness. However, should dockside 
monitoring costs exceed the amount of the grant, the sectors will be 
responsible for paying the additional costs, consistent with Amendment 
16.
    Comment 47: The Northeast Coastal Communities Sector stated that 
NMFS should establish a minimum threshold requirement for dockside 
monitoring to ensure that vessels that land low amounts of fish for 
each trip are not subject to unnecessarily high dockside monitoring 
costs, particularly for small ports in eastern Maine where the low 
availability of regulated species does not result high volumes of fish 
being landed for each trip.
    Response: As noted above in the response to Comment 46, the costs 
associated with dockside monitoring are affected by several variables, 
including the amount of fish landed, or the amount of time the dockside 
monitor is required to observe landings. If dockside monitoring costs 
are based primarily upon these factors, it is possible that the costs 
will be lower for smaller volumes of fish landed by vessels operating 
in eastern Maine than for other vessels landing higher volumes of fish. 
However, Amendment 16 did not propose a minimum threshold of landings 
that would exempt a trip from the requirements to use a dockside 
monitor. Instead, Amendment 16 specified that dockside monitoring 
coverage will be randomly assigned to 50 percent of sector trips. 
Because Amendment 16 did not include a specific exemption from the 
dockside monitoring provisions for small volumes of fish landed, NMFS 
has not revised the dockside monitoring provisions implemented by this 
final rule.
    Comment 48: The NHCFA, UNFA, and one seafood dealer commented that 
sector development was rushed and, therefore, should be delayed until 
data used to calculate sector allocations can be corrected. NHCFA 
specifically objected to the fact that vessels had to comply with 
sector provisions before they were implemented, while the seafood 
dealer suggested that sector measures will force many vessels and 
shoreside infrastructure companies out of business.
    Response: Sector measures have been in place since 2004 with the 
implementation of Amendment 13, and the revised sector measures of 
Amendment 16 have been under development for over 3 years. These 
revised sector measures were the subject of extensive debate during 
this time, including numerous meetings open to the public. Therefore, 
NMFS disagrees that the implementation of sectors has

[[Page 18292]]

been rushed and should be delayed. In fact, the Council was originally 
scheduled to implement Amendment 16 at the start of FY 2009 on May 1, 
2009, but delayed the action to further develop Amendment 16, including 
its sector measures. Therefore, further delay of sector implementation 
is not warranted to further develop sector provisions. Although NMFS 
recognizes that some of the landings data used to calculate PSCs are 
incorrect, these data represent the best data available to NMFS. A 
process to correct landings data and, therefore, PSCs is currently 
underway. However, it may not be possible to correct all landings data 
and be able to recalculate PSCs and associated sector ACEs in time for 
implementation on May 1, 2010. Because any revisions to a single PSC 
requires the recalculation of PSCs for all other vessels, updates to 
PSCs can only be implemented at the start of a FY. Otherwise, 
implementing such corrections during the middle of the fishing year 
could result in disruptions to the fishery that could compromise the 
ability of the fishery to effectively meet the conservation objectives 
of the FMP, especially if such corrections reduce the PSCs for a 
particular sector and cause that sector to exceed its ACE based upon 
ACE harvested prior to the correction. Delaying the implementation of 
sector measures until May 1, 2011, would mean that vessels whose PSCs 
were accurate would be denied the benefits of fishing under sectors at 
the start of FY 2010. Any corrections to the landings data and PSCs are 
relative and would change an individual vessel's PSC, but would not 
increase the amount of fish that could be caught in a particular FY. To 
ensure that the fishery can take advantage of the benefits associated 
with sectors as quickly as possible, this action implements sector 
measures effective May 1, 2010. Any updates to PSCs are intended to 
become effective for the start of FY 2011 on May 1, 2011. The sector-
related deadlines in Amendment 16, which have been communicated to the 
public since the Council adoption of Amendment 16, are necessary to 
ensure that sector measures can be implemented by the start of the 2010 
FY on May 1, 2010. While these deadlines are not mandatory, NMFS has 
made the industry aware that failure to comply with these deadlines 
could result in the delayed implementation of individual sectors beyond 
the start of the 2010 FY. Existing sectors require participants to land 
at particular ports, thereby preserving local fishing communities and 
shoreside infrastructure. Similar provisions could be implemented in 
future sector operations plans. If such provisions are included, Sector 
management could actually preserve the viability of shoreside 
infrastructure. Evidence suggests that the existing sectors were able 
to increase the economic efficiency of vessel operations and realize 
higher vessel revenue streams. Because Amendment 16 provides further 
opportunities to increase the economic efficiency of vessel operations 
through additional sector exemptions, increased access to haddock 
through revisions to existing SAPs, and other measures, it is possible 
that sector provisions implemented by this action will enable more 
vessels to remain economically viable.
    Comment 49: The NHCFA, Food and Water Watch (FWW), and the DMF 
claimed that sectors are analogous to an IFQ program and require a 
referendum under the Magnuson-Stevens Act. Therefore, this group 
claimed that Amendment 16 is in violation of the Magnuson-Stevens Act 
because it failed to develop a referendum to implement sectors. 
Further, the NSC, three associated commercial fishermen, and FWW 
believe that sectors are a type of LAPP and, therefore, should have 
been developed pursuant to the requirements in section 303A of the 
Magnuson-Stevens Act.
    Response: The Magnuson-Stevens Act explicitly states that a sector 
allocation is not an IFQ for the purposes of the referendum 
requirement. Moreover, NMFS has determined, as explained in a September 
1, 2007, letter to the Council, that the sector program, as currently 
implemented in the FMP, is neither an IFQ program, nor a LAPP program 
as those terms are used in the Magnuson-Stevens Act. Further, none of 
the revisions to the current sector program in this final rule change 
the conclusions reached in that letter. To summarize the September 1, 
2007, letter, according to the definition of a LAPP in the Magnuson-
Stevens Act, a LAPP involves the issuance of a ``Federal permit issued 
as part of a limited access system under section 303A to harvest a 
quantity of fish * * * representing a portion of the total allowable 
catch of the fishery that may be received or held for exclusive use by 
a person.'' Individual sectors are not issued a permit, they are not 
allocated a portion of the TAC, and they are not clearly ``persons'' 
eligible to hold a LAPP under section 303A(c)(1)(D). Therefore, NMFS 
does not believe that sector measures, as approved in Amendment 16 and 
implemented by this action, are LAPPs that must comply with the 
requirements in section 303A of the Magnuson-Stevens Act.
    Comment 50: CLF recommended that sectors should be categorically 
excluded from future NEPA analysis based upon the analysis already 
contained in the Amendment 16 FEIS, and that NMFS should prepare the 
appropriate analysis of environmental impacts with the assistance of 
individual sectors.
    Response: The analysis of sector formation in the Amendment 16 FEIS 
was never intended to address the particular operations of individual 
sectors, but rather to evaluate the overall impacts of the formation of 
sectors and their compliance with other sector-specific measures 
proposed in Amendment 16. Another, more detailed analysis of the 
specific impacts associated with the intended operations plans and 
rosters of participating vessels for each FY is required to allow the 
Council, NMFS, and the public to evaluate the expected impacts of these 
sectors and to comply with NEPA. Information on the vessels 
participating in each sector or the intended operations was not 
available at the time the Amendment 16 FEIS was being prepared and 
finalized. Therefore, a supplemental analysis is necessary to fully 
comply with NEPA. To assist new sectors in developing such analysis, 
NMFS hired contractors to work directly with NMFS and individual 
sectors to prepare EAs for Sector operations in FY 2010. In addition, 
NMFS worked very closely with sector proponents to ensure that such 
documents comply with NEPA and other applicable law. NMFS will continue 
to offer support in the future, although funding to draft future EAs 
may not be available. Upon the completion of this initial analysis of 
sector operations, if sector participants and operations in future 
years are similar to those incorporated in the original analysis, more 
abbreviated NEPA compliance may be possible in future FYs.
    Comment 51: NAMA recommended that the Council encourage future 
sectors to form based on the concept of area management.
    Response: Sectors may form for any number of reasons, and may adopt 
area-specific management measures if they so choose. In fact, the 
existing sectors were originally restricted to fishing in specific 
areas surrounding the communities in which they were based. The Council 
did not mandate similar area-based restrictions in Amendment 16 to 
provide the maximum flexibility for the formation of sectors.
    Comment 52: The CCCHFA supported provisions in Amendment 16 that 
insulate sectors from the overages of

[[Page 18293]]

common pool vessels. However, they observed that while sector vessels 
were subject to overage penalties if participating vessels left a 
sector following an overage, common pool vessels would not be subject 
to similar penalties. They contended that Amendment 16 should include 
overage penalties that follow common pool vessels if they join a sector 
in the FY after they contributed to an overage of the common pool 
allocations of a particular stock.
    Response: The absence of an overage penalty for common pool vessels 
that contribute to an overage of common pool ACLs, but join a sector 
for the next fishing year does not compromise the ability of Amendment 
16 measures to trigger applicable AMs and ensure that overfishing does 
not occur. Further, the deadlines to join a sector for the next FY 
necessitate that a vessel owner must decide to join a sector prior to 
September 1 of each year. Thus, the decision to join a sector will 
likely be made long before it is known whether there will be any 
overages of ACLs allocated to the common pool. Furthermore, a sector 
could specify conditions under which vessels may join that sector, 
including conditions that would preclude participation in a sector if a 
vessel fished in the common pool and contributed to an overage of 
common pool ACLs. Moreover, Amendment 16 does not include any overage 
penalties for common pool vessels if they contributed to an overage of 
common pool allocations, but later join a sector to avoid the increase 
in DAS counting associated with the differential DAS counting AM. NMFS 
can only approve or disapprove Amendment 16 measures, and cannot revise 
or add measures. However, the Council could consider adding such 
penalties in a subsequent action. Therefore, no common pool overage 
penalties are implemented by this final rule.
    Comment 53: The NSC, three associated commercial fishermen, and the 
Sustainable Harvest Sector recommended that sectors should not be 
required to provide discard estimates as part of their weekly sector 
catch report. Instead, these commenters wanted to use the discard 
estimates calculated by NMFS to minimize the burden on sectors and 
increase the coordination of catch data used to monitor sector ACE.
    Response: As part of a sector's weekly catch report, Section 
4.2.3.5.3 of Amendment 16 states that sectors, or a private contractor 
hired to facilitate monitoring sector operations, must apply discard 
estimates to landings and deduct catch from sector ACEs. This section 
also requires that sectors develop an ``adequate monitoring system and 
demonstrate to NMFS that discards can be accurately monitored and 
counted as part of the ACE, at the sector's expense'' as part of a 
sector's yearly operation plan. The Council determined that these 
elements are important for sector managers and the sectors themselves 
to be confident that all sectors are held to the same standard. Thus, 
each sector will be evaluated on its capacity to accurately monitor 
sector catch and prevent sector ACEs from being exceeded. Further, even 
though NMFS will provide the applicable discard rates to individual 
sectors, sectors may have more timely and accurate data regarding 
landings by gear type than is available to NMFS, particularly for 
vessels that fish with more than one gear type on a particular trip. 
This is because data regarding whether vessels fished with multiple 
gear types on the same trip are not captured through the VMS 
declaration requirements specified in this action, but will be 
reflected in VTR data. Even though the frequency of VTR submissions has 
been increased through this action, such data will not be immediately 
available to NMFS due to the time required to receive, process, and 
validate VTRs under current NMFS protocols. However, it is likely that 
sectors will have such data on a more timely basis due to proximity to 
affected vessels and the availability of sectors to rely upon 
electronic VTR software, developed in part to facilitate sector catch 
monitoring, to provide much of the data necessary to monitor sector 
landings. While NMFS will concurrently monitor sector catch using data 
available to NMFS, it would be inconsistent with Amendment 16, as well 
as the intent of sector management itself (i.e., self-management), to 
have NMFS calculate sector discards and apply it to sector landings on 
a weekly basis to determine sector catch, as Amendment 16 clearly 
indicates that it is the sector's responsibility to accurately monitor 
sector catch so that sector ACEs are not exceeded.
    Comment 54: The NSC and three associated commercial fishermen 
commented that the weekly sector reporting requirements are burdensome 
on sectors. To reduce such burdens, NSC felt compelled to develop and 
utilize electronic reporting mechanisms that have yet to be authorized 
by NMFS, or that were evaluated in Amendment 16. NSC and its members 
recommended that NMFS approve the use of electronic VTRs for sector 
operations.
    Response: As explained in the response to Comment 25, to date, the 
Regional Administrator has not determined that the existing electronic 
VTR technology is sufficient to meet the existing reporting 
requirements, but could authorize the use of specific systems once such 
a determination is made.
    Comment 55: The CCCHFA supported Amendment 16 requirements for 
sectors to prepare an annual report. However, the Sustainable Harvest 
Sector opposed the requirement to include the catch of all species. 
This group contended that a 1-year snapshot of sector catch of other 
species is insufficient to understand shifts in effort to other 
fisheries. Instead, they recommended using NMFS's data to evaluate 
shifts in effort, as they include many years of landings and are more 
effective at determining if any shifts in effort have occurred. 
Further, this group suggested that the list of enforcement actions 
should be limited to only those resulting from a sector trip.
    Response: The purpose of the annual sector report is to identify 
the full complement of sector operations conducted during a FY to allow 
the Council, NMFS, and the public to evaluate the biological, economic, 
and social impacts that such operations had on the NE multispecies 
fishery and other fisheries in which participating vessels were 
engaged. Although alternative sources of such data exist, it is 
important for the sector to specify how much catch the sector believes 
was caught in other fisheries, as it provides a means to not only 
evaluate shifts in effort, but also the efficacy of sector catch 
monitoring practices during a particular FY. Further, by summarizing 
the fishing activities of sector vessels, the public can understand the 
strategies employed by sectors to maximize the benefits of fishing 
operations. Furthermore, it would be inconsistent with the provision 
adopted by the Council in Amendment 16 to rely upon NMFS data and 
exempt sectors from submitting an annual report detailing the catch of 
all species. Reporting all enforcement actions associated with sector 
vessels, including those associated with other fishing activities, is 
critical to understanding how the sector operates and if sector 
operations are having an adverse effect on any fisheries. Therefore, 
this final rule does not revise the sector annual report requirements.
    Comment 56: The NEHFA suggested that Handgear A vessels did not 
receive a fair and equitable allocation of available resources because 
measures in effect during the allocation period selected to determine 
PSCs, including GOM Rolling Closure Areas and trip

[[Page 18294]]

limits, reduced the amount of fish that such vessels could catch. 
Therefore, this group argued that the Amendment 16 PSC measures are 
inconsistent with National Standard 4. The NHCFA, PERC, NSC, and three 
commercial fishermen also contended that PSC measures are inconsistent 
with National Standard 4 because different time series were used to 
benefit individual groups, arguing that the allocation measures must be 
the same for all vessels, including recreational and commercial vessels 
and sector and non-sector vessels. Further, NHCFA commented that the 
allocation periods used reflect a time when GOM haddock abundance was 
depressed, causing PSC to be low and minimizing the potential that 
vessels will be able to access this stock once rebuilt. Furthermore, 
they contended that such measures would jeopardize the continued 
participation of traditional fishing communities, contrary to National 
Standard 8, while an elected official stated that sector allocations 
must be sufficient to sustain the fishery and reduce impacts to fishing 
communities. PERC specifically noted that the PSC measures would punish 
small vessels that had fewer landings during this period than other 
vessels. One other commercial fisherman supported using landings 
history alone for FYs 1996-2006, including for SNE/MA winter flounder 
once an allocation of that stock is appropriate, while the CCCHFA 
supported using landings of GB cod during FYs 1996-2001 for existing 
sectors. PERC further recommended that the Council establish a method 
to reallocate rebuilding stocks that includes set-asides in the initial 
allocation process that would accommodate ``segments of the fishery 
that were marginalized during the transition to quotas.''
    Response: Many of the issues raised by the public in opposition to 
the sector allocation measures in Amendment 16 were considered either 
directly or indirectly by the Council prior to adoption of these 
measures, as detailed in the FEIS and in the Council Chairman's August 
12, 2009, letter to the Secretary regarding the minority report for the 
adoption of Amendment 16. Under Amendment 16, all vessels are subject 
to the same sector allocation measures (i.e., PSC calculations) for all 
stocks with the exception of GB cod. The 11-yr period for allocation of 
most stocks (i.e., 1996-2006) is meant to minimize the impact on catch 
history that results from changes to groundfish regulations, such as 
trip limits and area closures during this period. For GB cod, a 
different allocation window was adopted to preserve the business plans 
developed by participants in those existing sectors and to maintain the 
value of investments in permits made by such participants by 
maintaining Council decisions regarding the allocation of GB cod from 
previous management actions. The August 12, 2009, letter noted that 
1996-2006 baseline to calculate PSCs for all stocks except GB cod was 
considered the ``best method for ensuring a fair and equitable 
allocation using as much sound data as possible,'' while promoting 
``stability in the fishery and fostering an environment where sectors 
can create efficient and effective business plans.'' This letter 
references that Amendment 13 utilized landings histories during FYs 
1996-2001 to establish the existing sectors' allocations of GB cod and 
essentially froze this baseline once it was created. In a similar 
manner, the Council indicated its intent to freeze catch history for 
newly formed sectors as of the implementation of Amendment 16 to 
preserve the allocation decisions made in Amendment 13 and promote 
economic stability in the fishery by increasing the confidence that 
allocations are unlikely to change in the future. Existing sectors 
require participants to land at particular ports, thereby preserving 
local fishing communities and shoreside infrastructure, consistent with 
Goal 4 of the FMP. In addition, because these sectors represent 
cohesive groups of smaller vessels fishing with hook and gillnet gear, 
preserving existing sector allocations promotes the continuation of a 
diversified fishery in both size and gear type near Chatham, MA, 
consistent with Objective 7 of the FMP. Revising existing sector 
allocations by not treating GB cod sector allocations differently than 
other stocks could reduce fishing opportunities for these sectors, 
increasing costs and economic impacts to such sectors, and adversely 
affect associated communities. Therefore, the measures in Amendment 16 
are justified based upon furthering the goals and objectives of the 
FMP, providing for the sustained participation of fishing communities, 
and minimizing the economic impacts on such communities. Finally, the 
use of different PSC baselines for different stocks resulted in only a 
small quantitative difference regarding the amount of GB cod PSC 
specified for participants in existing sectors. Sector allocations will 
be calculated in such a manner that only 100 percent of the GB cod ACL 
will be allocated in any FY, thereby ensuring that sector measures 
achieve the conservation measures of the FMP. Thus, the decision to use 
different allocation periods was not arbitrary, but specifically 
developed to provide stability and the sustained participation of 
vessels and fishing communities in the NE multispecies fishery without 
compromising efforts to rebuild overfished stocks, consistent with Goal 
5 of the FMP.
    Amendment 16 measures will allocate portions of the ACLs of GOM cod 
and GOM haddock to the recreational fishery based upon the proportion 
of recreational catch between FYs 2001-2006. These allocation measures 
are intended to reflect recent participation in the fishery in the form 
of recent landings of groundfish and to account for concerns over the 
inaccuracy of historic data on recreational catch. As summarized in the 
response to Comment 43, the more recent time period is considered to be 
more representative of where the fishery is at present, and where it is 
likely to be going in terms of the proportions caught by the both the 
commercial and recreational components of the fishery. The catch of 
each component will be evaluated using the same time period, a period 
during which both fisheries were subject to restrictions on the catch 
of such stocks, including trip limits, closed areas, size limits, and 
other provisions necessary to prevent overfishing and help rebuild 
overfished stocks. Because all fisheries were subject to measures 
designed to achieve the conservation objectives during the same 
allocation period, one group is not advantaged over the other, despite 
the fact that different allocation periods result in different 
allocations to various segments of the fishery, and all are provided 
the same access to rebuilt stocks, including GOM haddock, which is 
projected to have rebuilt in 2009. These allocations are necessary to 
determine the amount of these stocks caught by each fishery and provide 
accountability to every segment of the fishery that catches groundfish, 
and to develop more segment-specific management measures that more 
effectively reduce F for such segments.
    Allocations between commercial and recreational fisheries and 
between sector and common pool vessels are designed to minimize the 
economic impacts on fishing communities without jeopardizing the 
conservation requirements of the Magnuson-Stevens Act, including 
preventing overfishing and rebuilding overfished stocks. Measures 
affecting either group have indirect economic impacts on supporting 
businesses within such communities, such as restaurants,

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marinas, fish processors, ice and fuel suppliers, etc. An allocation of 
available resources among these groups facilitates the development of 
effective management measures for each group that can selectively 
address overages by one group, while avoiding unnecessarily penalizing 
the other group for such excessive catch due to implementing effort 
reductions on other groups, in contrast to effort reductions applied 
across the entire fishery in previous management actions. In doing so, 
this measure contributes to the overall effort of Amendment 16 to 
provide for the sustained participation of such communities in the 
groundfish fishery through the furtherance of sustainable fisheries, 
while minimizing the adverse economic impacts associated with broadly 
applied effort reductions that would result without an allocation of 
available resources to each group.
    Based on the above, NMFS has determined that sector and 
recreational allocations under Amendment 16 are consistent with each 
other, the goals and objectives of the FMP, the Magnuson-Stevens Act, 
including National Standards 4 and 8. Thus, NMFS implements such 
provisions through this final rule. If the Council determines that it 
is appropriate to establish set-asides to address a particular 
management objective, including setting aside catch for research or to 
promote initial entry into the fishery, it could revise these 
allocation measures through a future action.
    Comment 57: The CCCHFA supported sector-specific allocations for 
stocks managed by the Understanding.
    Response: NMFS is implementing such allocations through this final 
rule. These allocations ensure that access to the Eastern U.S./Canada 
Area by common pool and sector vessels is not adversely affected by the 
actions of other sectors or the common pool. This is consistent with 
Objective 8 of the FMP to insure accountability in achieving fishery 
management objectives, and to distribute fishery access based upon 
recent participation in the fishery.
    Comment 58: The NHCFA suggested that the Amendment 16 allocation 
measures fail to recognize investments in DAS and, thus, devalue DAS 
permits without a sufficient analysis of the impacts.
    Response: Amendment 16 did consider other options for sector 
allocation that included either vessel capacity and/or allocated DAS as 
part of the allocation formula. These factors would have resulted in 
all vessels being allocated at least some PSC for some or all stocks, 
even though not all vessels actually fished for and landed groundfish 
during this period. As a result, such options do not reflect current 
participation in the fishery and would be inconsistent with the intent 
of this measure in Amendment 16. Section 7.5.1.2.3.3 of the FEIS 
discusses the economic impacts of PSC options adopted in Amendment 16 
on those vessel owners that invested in permits to increase their 
access to DAS under the existing DAS effort controls. This discussion 
acknowledges that vessel owners may have invested in permits with 
allocated DAS, but little landings history in the area in which the 
owner has traditionally operated. Owners who invested heavily in 
permits with many DAS, but little landings history, could continue to 
participate in the common pool and be regulated by DAS instead of 
sector allocations. Thus, owners must make decisions as to which 
management system is most advantageous to them based upon opportunities 
presented by either management system. Therefore, Amendment 16 
adequately considered the impacts on such vessels.
    Comment 59: PEW, NHCFA, CLF, CCCHFA, and PERC opposed the removal 
of the sector allocation cap and recommended that NMFS retain the 
existing 20-percent cap, or develop suitable alternatives to ensure 
that phases in the allocation cap to avoid excessive shares in the 
fishery. These commenters claim that the absence of an allocation cap 
could compromise small-vessel operations due to consolidation of 
fishing effort by larger corporations, and that there is not a 
sufficient analysis of the potential consequences in Amendment 16, 
claiming that the absence of a cap could impact markets or cause 
unknown negative impacts. EDF also opposed removal of the cap because 
it believes that such a removal fails to address the goal of the FMP to 
preserve the day-boat fishery and that it would be arbitrary and 
capricious to implement a regulation that directly contravenes a stated 
objective of the FMP. Further, EDF argued that Amendment 16 is 
inconsistent with National Standard 4 because it fails to prevent an 
entity from acquiring an excessive share of the resource, although it 
acknowledged that an allocation cap is not the only means to address 
the requirements of National Standard 4. Although this group opposed 
the removal of the cap, it recommended that NMFS specifically not 
reinstate the existing cap due to disruptions in the fishery for FY 
2010, but rather instruct the Council to develop an appropriate 
allocation cap in a future action. EDF also suggested that NMFS freeze 
permanent quota transfers until an allocation cap is implemented, 
pursuant to the authority granted in section 305(d) of the Magnuson-
Stevens Act.
    Response: Amendment 13 first implemented an allocation cap that 
prevented sectors from being allocated more than 20 percent of the 
yearly TAC for a particular stock in part due to perceived concerns 
over the possibility that one sector could lead to an excessive share 
of a particular stock and exert market control for that resource. 
National Standard 4 Guidelines provide useful guidance on whether 
removal of the allocation cap is inconsistent with the ``excessive 
share'' provision of National Standard 4. National Standard 4 
Guidelines state that an `` `allocation' or `assignment' of fishing 
privilege is a direct and deliberate distribution of the opportunity to 
participate in a fishery among identifiable, discrete user groups or 
individuals. Any management measure (or lack of management) has 
incidental allocative effects, but only those measures that result in 
direct distributions of fishing privileges will be judged against the 
allocation requirements of Standard 4.'' Amendment 16 does not directly 
or deliberately allocate any fishing privileges. Instead, Amendment 16, 
in addition to removing the allocation cap, establishes several new 
rules for sectors and identifies specific sectors that have been formed 
to operate under the revised sector rules. Sectors themselves are 
merely vehicles for allowing individual fishermen to voluntarily enter 
into an arrangement to fish under certain exemptions to the FMP based 
on their individual fishing histories. Nothing in Amendment 16 or the 
related actions of Framework 44 or the sector operations plan proposed 
rule actually allocate directly or even indirectly any new fishing 
privileges to individual fishermen, and, sectors themselves do not 
acquire any privileges that were not already in existence based on 
fishermen's preexisting histories. Therefore, sectors are not 
``acquiring'' excessive shares of fishing privileges, as contemplated 
by National Standard 4. NMFS recognizes that the fact that one sector 
may have a significant cumulative total of ACE on a temporary basis for 
one fishing season may raise potential concerns for incidental 
allocative or market effects, and such possibilities should be closely 
monitored. However, commenters offer no explanation as to what 
constitutes an excessive share in the sector context

[[Page 18296]]

under National Standard 4 Guidelines, or which sectors fall into the 
excessive share category, nor do they show how the sector program will 
result in inordinate control on buyers or sellers in the market, a 
factor suggested in National Standard 4 Guidelines as evidence of an 
excessive share.
    Analysis by the PDT during the development of Amendment 16 suggests 
it is unlikely that any one sector could accumulate a sufficient share 
of a stock to exercise market power over the rest of the fishery. 
Further, because sector ACEs are temporary in nature and depend upon 
the collective PSCs of participating vessels, no one sector will be 
allocated a permanent share of any resource. This further limits the 
ability of a sector to influence market conditions for a particular 
stock over the long term. Amendment 16 will allow sectors to trade ACE 
for use during that FY. This will minimize the influence of the initial 
sector allocation, including any cap on initial allocations, on market 
control, as a sector could acquire an unlimited amount of ACE from 
another sector by transferring ACE. Consolidation in the fleet has 
already occurred under the DAS management regime due to continued 
effort controls, DAS Leasing/Transfer Programs, and other provisions. 
It is possible to allow for consolidation in the fleet without 
compromising the diversity of the fleet. Maintaining a diverse fleet is 
one of the objectives of the FMP, and future Council actions could be 
directed to explicitly increase, or at least maintain, the existing 
diversity of the fleet. In fact, the PDT analysis of sector allocation 
caps specifically noted that an allocation cap could be used to address 
other objectives in the fishery. However, the Council elected not to do 
so in Amendment 16.
    On balance, retaining the 20 percent would unquestionably have more 
negative impacts on the sector program than eliminating it in the 
context of current Amendment 16 measures and approve sectors. The 
elimination of the sector allocation cap has been considered by the 
Council since December 2007. Since that time, sectors have operated 
under the assumption that the allocation cap would be removed under 
Amendment 16. Accordingly, five sectors submitted rosters to NMFS that 
will result in ACE allocations that exceed the current 20-percent 
allocation cap, if the membership is maintained for FY 2010. If NMFS 
had disapproved the removal of the sector allocation cap in Amendment 
16, the existing sector allocation cap would have remained in effect; 
NMFS could not have simultaneously disapproved the proposed Amendment 
16 measure and eliminated the existing 20-percent allocation cap. If 
the 20-percent allocation cap were maintained, five sectors would 
either need to be disapproved under the sector operations plan proposed 
rule because they would exceed the 20-percent allocation cap for one or 
more stocks, or sufficient members of the sectors would need to be 
removed from the sector rosters to ensure that the remaining vessels 
would not cause the allocation cap to be exceeded. This would have 
meant requiring such vessels to fish in the common pool. Another 
alternative would have been to allow vessels removed from a sector to 
join together and operate under one of the sectors authorized by the 
Council that did not submit an operations plan to date. However, any 
sector that has not submitted an operations plan could not be approved 
by the start of FY 2010 on May 1. This would have resulted in 
tremendous disruption and economic impacts to the fishery for FY 2010, 
particularly for those sectors that would have had to be disapproved, 
or vessels that would have been forced to fish under the provisions of 
the common pool or another sector. Such a disruption in the fishery 
could compromise the ability of sector measures to achieve other goals 
of the FMP, including giving industry members greater control over 
their own fate; providing a mechanism for economics to shape the fleet, 
rather than regulations (while working to achieve fishing and biomass 
targets); minimizing bycatch; increasing economic efficiency; and 
transitioning the fishery from effort controls to quota management. 
Therefore, NMFS did not disapprove the Amendment 16 measure to remove 
the sector allocation cap. However, NMFS recognizes the potential 
legitimate concerns raised by the public, and has pledged in its letter 
to the Council announcing partial approval of Amendment 16, to work 
with the Council in addressing these potential problems of the 
incidental allocative effects of the sector program as well as 
individual permit holders acquiring excessive control of fishing 
privileges. To that effect, NMFS will work with the Council's 
Interspecies Committee to consider developing measures that would 
address the issue of sector ACEs as they relate to the FMP's social and 
economic objectives, the Council's sector management policy, the 
national policy on catch share management, and the requirements of 
National Standard 4, pursuant to a motion adopted by the Council on 
January 28, 2010.
    The only mechanism that exists to allow the permanent transfers of 
quota is the DAS Transfer Program. If NMFS were to freeze this program, 
as recommended, vessels fishing in the common pool would also be 
prohibited from consolidating fishing effort and increasing the 
economic efficiency of vessel operations, as such vessels could 
participate in sectors during a future FY. This would conflict with the 
goals and objectives of the FMP, as well as requirements of the 
Magnuson-Stevens Act to reduce costs and economic impacts to vessels by 
requiring entities to maintain multiple operational fishing platforms 
and pay for associated dockage, insurance, etc. Thus, this final rule 
does not temporarily suspend the DAS Transfer Program, as requested.
    Comment 60: TNC and PERC supported the indefinite specification of 
PSC and the freeze on catch history under Amendment 16. However, the 
NSC and three associated commercial fishermen opposed such indefinite 
specification of PSC, stating that PSCs should only be used for sector 
allocations in Amendment 16 and that alternative allocations should be 
developed if the fishery transitions to an IFQ regime through a future 
action.
    Response: Although Amendment 16 specified conditions by which PSCs 
were calculated for sectors, such provisions do not limit the Council's 
ability to revise such measures in the future, or develop alternative 
allocation measures to support an IFQ regime through a subsequent 
action.
    Comment 61: EDF, PEW, CLF, NAMA, and the CCCHFA indicated that 
additional observer coverage is necessary to effectively implement 
sector provisions and increase the accuracy of discard estimates in the 
fishery. PEW and CLF suggested that at-sea monitoring coverage should 
be increased to 100 percent, even if that means reducing dockside 
monitoring coverage. NAMA suggested that such increased coverage should 
be applied to at least FYs 2010 and 2011 to establish a baseline of 
sector operations. EDF recommended that if at-sea monitoring cannot be 
increased to 100 percent without delaying Amendment 16, NMFS should 
implement more restrictive enforcement measures that require individual 
vessels to pay for 100 percent observer coverage for the rest of the FY 
if reported discards are significantly higher or lower compared to 
observed trips, with positive incentives for sectors that ``outperform 
the fleet average'' for reporting quality. Two commercial fishermen, 
PEW, CLF,

[[Page 18297]]

and CCCHFA also recommended that NMFS implement 100-percent dockside 
monitoring coverage. Oceana further claimed that Amendment 16 does not 
specify the precise level of observer coverage in the FMP, as alleged 
in a lawsuit brought against NMFS based on the approval of Amendment 13 
to the FMP.
    Response: When the Council adopted Amendment 16, the Council 
neither selected the option to require 100-percent observer coverage, 
nor required sectors or the common pool to be subject to an at-sea 
monitoring program in FY 2010. However, NMFS agrees with the basic 
concept advocated by the commenters that higher levels of observer 
coverage are more effective at collecting the data necessary to monitor 
groundfish landings and discards under Amendment 16 and reducing the 
potential of an observer effect that could potentially compromise data 
collected with less than 100-percent coverage. As stated earlier in the 
preamble of this final rule, NMFS has funding to provide approximately 
38-percent at-sea monitoring coverage for sector vessels, and about 30-
percent at-sea monitoring coverage for common pool vessels, in addition 
to fully funding 50-percent dockside monitoring coverage for FY 2010. 
Such coverage levels should provide sufficient information to more than 
meet the minimum requirements of the SBRM, while providing the 
additional coverage suggested by commenters to monitor sector 
operations under Amendment 16. Distribution of such funds was intended 
to accomplish the dual goals of monitoring both at-sea catch and 
dockside landings to ensure that discards are accurately estimated and 
landings data are validated. Shifting resources to emphasize one over 
the other would not be consistent with the objectives of Amendment 16. 
Additional coverage would provide more data on groundfish catch, but 
even if available funds were shifted to emphasize at-sea monitoring 
over dockside monitoring, there may not be sufficient funding to 
provide 100-percent observer coverage across the entire fishery. 
Further, there is no guarantee that such funding will be available for 
future years. Requiring 100-percent coverage would, therefore, cause 
the fishing industry to bear such costs, absent additional funding for 
NMFS to pay for such coverage. Individual sectors may establish at-sea 
monitoring programs through their yearly operations plans that provide 
for additional observer coverage beyond that provided by NMFS. However, 
no sector has proposed such additional coverage for FY 2010.
    Although EDF recommended implementing additional enforcement 
measures that would increase at-sea monitoring coverage based upon the 
accuracy of a sector's discard estimates compared to the fleet average, 
there were insufficient details provided to determine how to implement 
such a mechanism. Moreover, there is no enforcement authority that 
would allow the kind of real-time increase of observer coverage 
suggested by EDF. Further, it is unclear from the description whether 
it would even be possible for a sector to avoid triggering 100-percent 
at-sea monitoring coverage, as additional coverage would be required if 
the sector's reports were either statistically higher or lower than the 
fleet average. This approach could undermine incentives to accurately 
report discards and would, instead, create incentives to report 
discards that reflect the industry average. Because the Council did not 
include such a mechanism to increase at-sea monitoring coverage in 
Amendment 16, NMFS does not have the latitude to implement such a 
provision through this final rule. Finally, the Court's findings in the 
Amendment 13 lawsuit required that FMPs establish SBRM's, but did not 
mandate specified levels of observer coverage. Because Amendment 16 is 
in compliance with the omnibus amendment that implemented SBRMs for all 
FMPs managed in the NE in January 2008, Amendment 16 is not at odds 
with the Court's findings in the lawsuit referred to by the commenters.
    Comment 62: Two commercial fishermen, PEW, CLF, and CCCHFA 
recommended that NMFS utilize electronic monitoring to reduce costs, 
including deploying electronic monitoring in other fisheries to record 
NE multispecies bycatch. The APO commented that the standards for 
approving electronic monitoring technology are not clear and that the 
public should be involved with any decision to approve such technology.
    Response: NMFS has not yet determined whether electronic monitoring 
technology is sufficiently developed to be applied in the NE 
multispecies fishery. Criteria to evaluate such technology are 
currently being refined by NMFS based upon existing research and pilot 
programs. Any electronic monitoring technology to be applied in the NE 
multispecies fishery will be subject to rulemaking consistent with the 
Administrative Procedure Act.
    Comment 63: Two individuals, the Public Employees for Environmental 
Responsibility (PEER), and the APO opposed Amendment 16 measures that 
would change eligibility standards for at-sea monitors to require a 
minimum of a high-school education, or equivalent, with no science 
background specified. They claim that lowering the education standards 
undercuts the observer profession and would be contrary to regional, 
national, and international policy and best practices. Commenters noted 
that there have been problems with non-degreed observers in other 
fishery management programs, including both professional and data 
problems, which caused such programs to increase their observer program 
eligibility and training standards significantly. They also suggest 
that at-sea monitors would receive less training and be paid less than 
fisheries observers who are required to have an advanced science and 
mathematics education.
    Response: The educational requirement for a high school diploma 
rather than a college degree is a minimum eligibility requirement and 
does not require vendors to hire only those candidates with the minimum 
qualifications. Although there may have been problems with non-degree 
observers in other programs, NMFS intends to provide thorough and 
rigorous training and oversight of at-sea monitors to avoid similar 
problems in the NE multispecies fishery. While the training program for 
at-sea monitors is not as long as the training program for observers 
(10 days versus 16 days), the amount of data collected by at-sea 
monitors will also be concomitantly less than the data required to be 
collected by observers, due to the different roles that at-sea monitors 
will undertake compared to observers. The primary role of at-sea 
monitors is to verify area fished, catch, and discards by species, by 
gear type. NMFS has taken into account the data collection needs for 
sector management in determining the training and educational 
requirements for at-sea monitors. For example, unlike observers, at-sea 
monitors will not be required to collect biological samples, will not 
collect as much gear information, and will not be responsible for 
conducting supplemental research projects that are sometimes required 
of observers. At-sea monitors are intended to complement, not replace, 
the work performed by observers, and at-sea monitors are not expected 
to compromise the utility of observers or undercut the profession in 
any way. Therefore, NMFS concludes that the at-sea monitoring program, 
including standards for at-sea monitors, can be implemented in a manner 
consistent with regional, national, and other

[[Page 18298]]

policies and best practices. It is unknown whether at-sea monitors will 
be compensated at the same level as fisheries observers at this time.
    Comment 64: One individual, PEER, APO, and Alaska Observers argued 
that the Amendment 16 at-sea monitoring standards would result in lower 
data quality and integrity. Oceana stated that Amendment 16 must 
include a full discussion of the effects of performance standards on 
uncertainty in catch estimates and overall management of the fishery. 
Although daily costs of at-sea monitors might be less than for 
fisheries observers, Alaska Observers and PEER contend that overall 
costs would likely increase due to complications in data oversight and 
accountability measures, and with the overall loss of data integrity. 
Six fishing industry representatives, including AFM and the NSC, 
supported the at-sea monitoring standards, stating that it is necessary 
to reduce the financial burden of such monitoring requirements as much 
as possible.
    Response: NMFS disagrees that at-sea monitors will collect lower 
quality data, or data of less integrity. At-sea monitors will be 
required to pass rigorous training based upon the training regime 
developed and employed for observers. Therefore, it is expected that 
the data quality associated with at-sea monitors would be comparable to 
that associated with observers. Accordingly, NMFS does not believe that 
there will be any effects of the performance standards on the 
uncertainty in catch estimates and overall management of the fishery. 
At-sea monitors are meant to increase at-sea observations of fishing 
behavior to increase data collected in a more efficient and cost-
effective manner, given the often limited resources to support a full 
observer program. Specifically, because at-sea monitors would not be 
required to collect and deliver biological samples, the costs and 
complexity of the logistical operations of the at-sea monitoring 
program are reduced compared to the existing observer program. Although 
NMFS cannot confirm whether at-sea monitors will be NMFS does not 
anticipate overall costs for implementing at-sea monitors to be higher 
than the cost for observers, and at-sea data collection and processing 
will be subject to the same standards as observer data. Because such 
standards are not expected to compromise data quality, but may lower 
the costs associated with at-sea monitoring provisions required by this 
action, this final rule implements the at-sea monitoring standards as 
proposed in Amendment 16.
    Comment 65: PEER, one individual, and APO suggested that the 
Amendment 16 at-sea monitoring provisions would result in less public 
access to observer data. Although none of the commenters explained how 
they thought Amendment 16 would impact public access to fisheries 
monitoring data, it was suggested that sector management in general may 
limit the availability of such data for fisheries monitoring and 
management purposes. They also suggested that NMFS's authority and 
management would be undercut by a host of waivers and exemptions, and 
the fishing industry would gain much of the authority over fisheries 
monitoring.
    Response: At-sea monitoring data will be subject to the same 
confidentiality provisions as observer program data, in compliance with 
the Magnuson-Stevens Act. NMFS will not apply a different standard to 
data collected by at-sea monitors versus observers. All data submitted 
to NMFS as part of the sector reporting requirements implemented by 
this action will be made available to fisheries managers and the 
public, as appropriate, for the purpose of monitoring and managing the 
NE multispecies fishery. Although the intent of sector management is to 
provide individual sectors with the responsibility of monitoring and 
managing sector operations, the ultimate responsibility and authority 
for monitoring catch and associated fishing mortality resides with the 
Secretary and NMFS. Therefore, NMFS does not agree that Amendment 16 
measures implemented by this final rule would limit public access to 
monitoring data or compromise NMFS's ability to effectively monitor and 
manage the NE multispecies fishery.
    Comment 66: PEER claimed that at-sea monitors would collect 
significantly fewer protected species data than traditional observers 
because of the time necessary for monitors to complete catch data 
requirements, thereby compromising NMFS's ability to meet statutory 
requirements under the Marine Mammal Protection Act (MMPA) and the 
Endangered Species Act (ESA), noting that the at-sea monitoring 
``Marine Mammal, Sea Turtle, and Sea Bird Incidental Take Log'' will 
have 60 percent fewer data fields.
    Response: At-sea monitors will still be required to collect data on 
marine mammal, sea turtle, and sea bird interactions. Incidental takes 
(i.e., interactions of marine mammals, sea turtles, and sea birds with 
fishing gear) will still be documented and described in detail. The 
primary difference between at-sea monitors and observers is that at-sea 
monitors will not collect biological specimens. Because at-sea monitor 
coverage will be in addition to the current levels of observer 
coverage, at-sea monitors represent additional on-the-water 
observations of interactions with marine mammals and endangered 
species. Thus, at-sea monitors will increase, not decrease, the data 
available to estimate takes of such species in the NE multispecies 
fishery. This will enhance, not compromise, NMFS's ability to meet 
statutory requirements under the MMPA and ESA, and to estimate bycatch. 
The fields that were eliminated in the incidental take log are the 
result of improved format of data collection, as much of the 
information collected on the current forms will be collected and 
described in comments on a newly designed worksheet.
    Comment 67: PEER suggested that, if the sector at-sea monitoring 
program proposed in Amendment 16 remains unchanged, additional agency 
management and training staff will be required, noting that two 
programs will be in operation simultaneously and thus have a different 
process for training, inseason management, contract management, 
administrative oversight, data management and data modeling.
    Response: The two programs will operate simultaneously and are 
integrated within the same group (the NEFSC Fisheries Sampling Branch). 
The training for at-sea monitors and observers is the same, where their 
roles overlap. For example, the vessel safety training, conflict 
resolution, species identification, and catch estimation is the same. 
Training of at-sea monitors will not include training for observer 
duties that do not apply to at-sea monitors, such as how to extract 
fish otoliths, vertebrae, and scales, and how to conduct a full 
necropsy of dead marine mammals. The inseason management, contract 
management, and administrative oversight of the at-sea monitoring 
program are not significantly different under the model being proposed 
for 2010 and 2011. Data management is similar, with the exception that 
the data collected by at-sea monitors will be submitted electronically, 
for the most part. Similar audits and data transfer methods are being 
designed for the at-sea monitoring data, in a robust relational Oracle 
database overseen by the NEFSC. As the integrity of the data collected 
are the same and of equal quality, the data modeling (use of data in 
fisheries management) does not have a different process. The data can 
be pooled and combined, but identifiers are included to be able to 
parse them out for quality assessment comparisons.

[[Page 18299]]

    Comment 68: One individual noted that currently the Department of 
Labor (DOL) has job classifications for Fishery Observer 1, 2, or 3, 
and asks if the DOL have a job classification for ``at-sea monitors,'' 
if the duties of an at-sea monitor are sufficiently different from 
those of a Fisheries Observer as to warrant a separate job 
classification, and whether NMFS will realize any cost-savings from 
hiring at-sea monitors with only high school diplomas.
    Response: The DOL does not have a separate job classification for 
at-sea monitors. Since the duties between at-sea monitors and observers 
are similar, it is likely that at-sea monitors will be classified and 
compensated at the same rate as Fishery Observer 1. NMFS may not 
realize any cost-savings in terms of salaries for at-sea monitors, but 
other overhead costs, such as training, will be reduced.
    Comment 69: One individual highlighted that there are several catch 
share programs currently in place, including the North Pacific and the 
Pacific groundfish trawl individual quota programs, that require 
college degreed observers for at-sea data collection. He noted that 
implementing such a significant change in policy with regard to 
educational requirements in the Northeast will have repercussions 
throughout the fishing industry, observer provider industry, and 
observer programs, particularly as fisheries begin to transition to 
catch share programs and the need for additional data collection and 
monitoring increases. The commenter asked how NMFS plans to address 
this disparity in policy implementation.
    Response: NMFS is aware of concerns regarding hiring at-sea 
monitors with only a high school diploma, and presented such concerns 
to the Council during the development of Amendment 16. However, the 
Council elected to specify lower educational standards for at-sea 
monitors than used in other programs for the reasons listed in 
Amendment 16. Despite the fact that educational standards for at-sea 
monitors differs from similar requirements in other programs, at-sea 
monitors are separate and distinct from fishery observers and do not 
necessarily have to be held to the same standards as fishery observers. 
Because the Amendment 16 at-sea monitor standards are consistent with 
applicable law, they are implemented by this final rule. The Council 
and NMFS are free to make changes to the at-sea monitoring program and 
its eligibility requirements if the Amendment 16 educational standards 
negatively affect the data quality of at-sea monitors. Each FMP must be 
evaluated on its own needs, concerns, stances, and merits. Therefore, 
NMFS does not agree that the standards in Amendment 16 and implemented 
by this final rule will necessarily affect monitoring programs in other 
FMPs.
    Comment 70: One individual stated that current existing observer 
programs have significant requirements that prohibit observers from 
having a financial interest in the resources they are observing. The 
commenter stated that Amendment 16 contains ambiguous language stating 
that an at-sea monitor must have ``independence'' from the fishery in 
which he/she is collecting information, but does not provide sufficient 
details to reasonably prohibit conflicts of interest and or withstand 
legal challenge.
    Response: As part of the approval process to become an at-sea and/
or dockside monitor provider, providers must sign and submit a document 
to NMFS that states that they: (1) Do not have a direct or indirect 
interest in a fishery, managed under Federal regulations, including, 
but not limited to vessels, dealers, shipping companies, sectors, 
sector managers, advocacy groups, or research institutions; (2) will 
assign at-sea and dockside/roving monitors without regard to any 
preference by representatives of vessels other than when a monitor will 
be deployed; and (3) will 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 at-sea and/or dockside/roving providers. In 
addition, individual at-sea and dockside monitor approved/certified by 
NMFS will be required to sign a document stating that they do not have 
a direct or indirect interest in a fishery, managed under Federal 
regulations, including, but not limited to vessels, dealers, shipping 
companies, sectors, sector managers, advocacy groups, or research 
institutions.
    Comment 71: One individual stated that the lack of a contract 
between the Federal government and the service provider severely limits 
oversight by Federal managers, creates an undue burden on the Federal 
agency to make programmatic changes to the monitoring program, does not 
prevent service providers from non-payment of observers and monitors, 
and does not provide a timely management mechanism to ensure 
consistently good performance by service providers. This individual 
recommended that NMFS should require a no-cost performance-based 
contract between NMFS and the service provider in order for NMFS to 
have sufficient program management oversight. If a no-cost contract is 
not implemented, the commenter believed NMFS should require service 
providers to be bonded to prevent non-payment of observers and at-sea 
monitors.
    Response: Although there does not have to be a direct contract 
between NMFS and the service providers, there are detailed requirements 
to be met by the provider companies and the individual monitors. NMFS 
reviews the qualifications of the providers through an annual approval 
process. The individual monitors must meet requirements specified in 
Amendment 16, and pass the training in order to become certified. NMFS 
has the authority to disapprove or decertify if any requirements are 
not being met. NMFS has received sufficient appropriations to fund at-
sea monitoring, for FY 2010 at least, and is in the process of issuing 
a Request for Proposals, which will be a performance-based contract for 
at-sea monitoring. NMFS will still maintain close oversight of the 
provider companies and monitors to ensure that performance and 
reporting expectations are being met, safety is not being compromised, 
and monitors are being treated fairly. NMFS is continuing to evaluate 
various service delivery models, such as the no-cost contract. There 
are provisions to transition to industry funding of at-sea monitors in 
FY 2012, and at that time NMFS and the Council may consider alternative 
service delivery models. NMFS is currently investigating mechanisms to 
protect service providers and individual monitors from failure of 
either a vessel or service provider to pay for particular services, 
including permit sanctions for clear non-payment cases. However, many 
of these issues are private business matters that should be resolved by 
the parties involved, rather than requiring NMFS intervention. In sum, 
NMFS has determined that the system that will be in place addresses the 
concerns raised.
    Comment 72: One individual recommended that NMFS should provide 
additional information addressing each of the key elements, including 
training, briefing and debriefing, at-sea training, bonus initiatives, 
fraud detection, at-sea monitor manuals, additional training 
requirements that are required in the NMFS observer eligibility policy, 
and identifying how each element will be implemented for observers and 
for at-sea monitors.

[[Page 18300]]

    Response: The at-sea and dockside monitoring training is being 
designed and conducted by the Northeast Fisheries Observer Program 
Observer (NEFOP) Training Center. The training for both certifications 
is 10 days and includes a full background security check, fish 
identification, tour of fish house, survival training at sea, vessel 
safety, safety at the docks and at seafood dealers, compliance 
reporting, marine mammal identification, sea turtle identification and 
resuscitation, sea bird identification, catch estimation, fish length 
measurements, basic gear information on bottom otter trawl, anchored 
sink gillnet, and bottom longline, hygiene, conflict resolution, data 
quality and probation policies, gear maintenance, and introduction to 
the NEFOP staff. The training includes a pre-study assignment, quizzes, 
required homework assignments, and exams that are required to be passed 
with a score of 85 percent or above. Attendance at all day's training 
is mandatory, and overall attitude is assessed by the trainers and 
service providers. The training will uphold the requirements noted in 
the NMFS observer eligibility policy, such as requiring a licensed 
physician note stating that the candidate is physically capable of 
serving as an at-sea monitor, candidates must be able to clearly and 
concisely communicate verbally and in writing in English, and 
candidates must be a U.S. citizen, or a non-citizen who has a green 
card, TN authorization, H1 visa, or valid work visa, and a social 
security card. At-sea monitors will be assigned to a NMFS editor with 
the NEFOP, and regular briefings and debriefings will be performed in 
person, by email, and by phone. Trip data will undergo a thorough check 
for patterns that would indicate fraud. Other data sources will be used 
as comparisons. Fishermen Comment Cards will be distributed, and 
captain interviews will be conducted. A full at-sea monitoring manual 
will be available to the public on the NEFOP's website once it has been 
fully developed.
    Comment 73: Three commercial fishermen, the AFM, and the 
Sustainable Harvest Sector recommend that dockside monitors should not 
be required for trips in which either an at-sea monitor or fishery 
observer is deployed. They suggested that such a practice is redundant 
and a waste of resources.
    Response: NMFS disagrees. The roles for dockside monitors and at-
sea monitors are different; dockside monitors are intended to verify 
the landings of a vessel and certify that landings weights on the 
dealer report are accurate, while at-sea monitors are responsible for 
verifying area fished, catch, and discards by species and gear type. 
Furthermore, the responsibilities of a fishery observer differ from 
those of an at-sea monitor, in that observers are also required to 
collect biological samples and more comprehensive data on the 
interactions with protected species and marine mammals. Moreover, 
because both at-sea monitors and observers do not have the capacity to 
operate 24 hr per day, and are often required to sub-sample portions of 
the catch, data from at-sea monitors or observers do not represent a 
complete accounting of every pound of fish that is retained by a 
vessel, unlike dealer reports, and cannot be used to validate dealer 
reports. Finally, the Council did not differentiate in Amendment 16 
between trips monitored by an at-sea monitor or observer for the 
purposes of defining dockside monitoring coverage levels. Therefore, 
because the purposes of dockside monitors and at-sea monitors and 
observers are different, the associated data for each entity are not 
directly comparable, and because the Council did not consider the 
exemption requested by the commenters, NMFS is not implementing such an 
exemption through this final rule.
    Comment 74: One commercial fisherman supported the ACE carry-over 
provisions.
    Response: This final rule implements the ACE carry-over provisions, 
as proposed.
    Comment 75: Five commercial fishermen, the AFM, the NSC, and the 
Sustainable Harvest Sector wanted clarification that an ACE overage is 
not a violation unless such an overage is not balanced at the end of 
the FY through acquisition of additional ACE through ACE transfer 
provisions. To treat an overage as a violation without considering ACE 
transfers, they believed, is inconsistent with Amendment 16.
    Response: In Amendment 16, an overage for the purposes of 
triggering a violation is distinct from an overage that triggers a 
sector's AMs (overage deduction). Section 4.2.3.4 of Amendment 16 
explicitly states that sectors are required to ensure that ACEs are not 
exceeded during a FY and ``should project when its ACE will be exceeded 
and should cease fishing operations prior to exceeding it.'' If a 
sector's ACE is exceeded, Amendment 16 prohibits any sector vessel from 
fishing in a stock area until it acquires additional ACE. Thus, if a 
sector exceeds its ACE, but fishing vessels in the sector continue to 
fish in a particular stock area, NMFS considers such fishing to be a 
violation. For the purposes of applying sector AMs, a sector is not 
considered to have exceeded its ACE, and is not in violation, unless it 
cannot rectify such an overage by acquiring ACE from another sector up 
to 2 weeks following the end of the FY. NMFS believes that the proposed 
regulations accurately reflected these restrictions, and no revisions 
to the applicable regulatory text are made in this final rule.
    Comment 76: CLF and CCCHFA expressed general support for the 
universal sector exemptions proposed in Amendment 16.
    Response: This final rule implements the proposed universal sector 
exemptions.
    Comment 77: One individual strongly opposed allowing sectors into 
spawning areas in Ipswich Bay, MA while spawning is occurring, 
suggesting doing so under Amendment 16 could have disastrous 
consequences on one of the few large and healthy cod spawning 
components, including preventing successful spawning and rapidly 
depleting this unique spawning component. This individual highlights 
research indicating that fish spawning in Ipswich Bay show site 
fidelity, are genetically distinct, and contribute to recruitment from 
Massachusetts to Maine. This individual recommended revising Sector GOM 
Rolling Closure Area IV to protect spawning areas and prohibiting 
recreational vessels from fishing in such areas during spawning 
periods.
    Response: Much of the research highlighted by this individual was 
not available prior to the decision by the Council to allow sectors to 
access portions of the existing GOM Rolling Closure Areas and, 
therefore, was not considered when developing this action. This 
research could be used by the Council to modify such access in a future 
action.
    Comment 78: The NSC, three associated commercial fishermen, and the 
AFM supported sector exemptions to use 6-inch (15.24-cm) mesh codends 
when fishing with the Ruhle trawl or haddock separator trawl on GB. 
However, five commercial fishermen, the NSC, the AFM, and the 
Sustainable Harvest Sector also supported similar exemptions in the GOM 
to facilitate the harvest of GOM haddock.
    Response: This final rule implements the universal sector exemption 
to use 6-inch (15.24-cm) mesh codends when fishing with the Ruhle trawl 
or haddock separator trawl on GB. When the Groundfish Oversight 
Committee (Committee) developed this exemption for consideration by the 
Council at its June 2009 meeting, the Committee

[[Page 18301]]

explicitly decided not to provide the flexibility for sectors to use 6-
inch (15.24-cm) mesh codends in the GOM due to concerns over the 
potential for this measure to increase interactions with undersized 
fish. Because there was no justification or analysis provided in 
Amendment 16 for such an exemption, NMFS cannot modify the universal 
sector exemptions adopted by the Council in Amendment 16 to allow 
Sector vessels to use 6-inch (15.24-cm) mesh codends in the GOM through 
this final rule.
    Comment 79: One commercial fisherman, the AFM, and the Sustainable 
Harvest Sector recommended that sector vessels fishing on a monkfish 
DAS in the Southern Fishery Management Area, any sector trip west of 
72[deg]30[min] W. long., any sector trip using exclusively 10-inch 
(25.4-cm) or greater mesh gillnets or codends, and any sector trip by 
vessels issued a Category F monkfish permit, should be exempt from the 
sector monitoring requirements, but still be required to comply with 
all other sector requirements. They argued that such trips catch very 
small amounts of NE multispecies and should not be subject to 
provisions that are only necessary to monitor the catch of NE 
multispecies.
    Response: Section 4.2.3.4 of Amendment 16 clearly indicates that 
the ACE allocated to sectors applies to all catches of those stocks by 
sector vessels, regardless whether such catch was harvested during a 
directed NE multispecies trip, or on other trips. The proposed 
regulations to implement Amendment 16 indicate that applicable sector 
requirements would apply to all sector trips, and defined a sector trip 
as any trip taken by a sector vessel in which the vessel declared its 
intent to fish in the NE multispecies fishery. Therefore, a trip by a 
sector vessel in another fishery, such as the summer flounder fishery, 
that does not require the concurrent use of a NE multispecies DAS would 
not be subject to the sector requirements. However, a trip by a sector 
vessel that is also issued a monkfish permit would be considered a 
sector trip, as defined in this action, because the current monkfish 
regulations would require the concurrent use of a NE multispecies DAS. 
Because the Amendment 16 monitoring provisions are designed to ensure 
that all sector catch is properly accounted for, it would be 
inconsistent with Amendment 16 to exempt trips that meet the definition 
of a sector trip from such reporting requirements, as it would not 
provide the assurance that NE multispecies catch on such trips would be 
properly accounted for. In addition, because the requested exemptions 
represent substantial revisions from the proposed measures, it is not 
appropriate to implement such changes outside of the Council process. 
Thus, this final rule does not provide the requested exemptions from 
sector monitoring requirements, as requested.
    Comment 80: The PERC, CCCHFA, and TNC supported ACE trading 
provisions proposed in Amendment 16. TNC suggested that NMFS should 
develop a clearinghouse for ACE trading, while PERC and the CCCHFA 
recommended that requiring ACE to be traded within bins of vessel size, 
gear, or other criteria would help protect the small-boat fleet. The 
AFM was concerned that, due to the number of sectors affiliated with 
the NSC, such sectors would be unwilling to transfer ACE with other 
sectors. AFM argued that NMFS must take action to ensure that other 
sectors do not place limitations on ACE trades with other sectors. The 
NSC and associated members emphasized that ACE trades must be approved 
immediately upon receipt by the Regional Administrator.
    Response: NMFS agrees that ACE trading is critical to the success 
of sector management. Section 4.2.3.7 of Amendment 16 describes ACE 
transfers as a private business arrangement between sectors that is not 
subject to any restrictions on the nature of the transactions between 
sectors. However, there is no reason that a sector could not stipulate 
such conditions as part of its negotiations to trade ACE with another 
sector. Further, the Council could implement such restrictions in a 
future action if data suggest that the small-boat fleet is being 
adversely affected by unrestricted ACE trading under Amendment 16. 
Because both the Council and NMFS consider ACE transfers to be a 
private business arrangement, NMFS is not inclined to dictate the 
conditions under which individual sectors may trade ACE with one 
another, including mandating that individual sectors must trade with 
one another. However, if problems arise due to obstacles in trading ACE 
that affect conservation and management objectives of the FMP, NMFS or 
the Council could make changes to measures governing such trading. In 
addition, these types of potential problems are going to be addressed 
as stated in response to Comment 59 (i.e., the response to the sector 
allocation cap removal). NMFS is considering posting ACE balances 
online to provide the data necessary for various sector managers to 
negotiate ACE trades. As outlined in Amendment 16, an ACE transfer is 
not authorized until approved by NMFS. NMFS intends to review and 
process ACE transfer requests as quickly as possible. Consistent with 
Amendment 16, NMFS will approve/disapprove ACE transfer requests based 
upon whether the sectors requesting the transfer of ACE are complying 
with sector reporting and administrative requirements implemented by 
this action.
    Comment 81: Despite acknowledging the likely substantial revisions 
to current record-keeping processes, TNC urged the Council and NMFS to 
consider ways to recognize private arrangements to distribute fishing 
history among individual sectors as part of approved ACE transfer 
requests, as specified in the ACE trading agreements.
    Response: The Council froze catch history in Amendment 16, but 
could accommodate requests similar to those of TNC through a future 
action. NMFS agrees that recognizing alternative distributions in 
fishing history as a result of ACE transfers would require substantial 
revisions to existing record-keeping processes and databases that would 
significantly increase the complexity of catch monitoring processes 
currently being developed for approved Amendment 16 measures.
    Comment 82: TNC and the CCCHFA expressed general support for 
Amendment 16 provisions that limit which measures may result in joint 
liability for sector vessels.
    Response: This final rule implements the approved Amendment 16 
joint/several liability provisions.
    Comment 83: PERC and TNC expressed general support for allowing 
permits currently in CPH to participate in sectors. The Northeast 
Coastal Communities Sector noted that because sector catch will be 
regulated by hard TACs, the sector eligibility requirements should be 
revised to allow vessels issued an open access NE multispecies permit 
to participate in sectors and comply with sector provisions.
    Response: This final rule allows permits currently in CPH to 
participate in sectors as approved in Amendment 16, but does not allow 
vessels issued an open access NE multispecies permit to participate in 
sectors. As observed in the Northeast Coastal Communities Sector's 
comment, at its June 2009 meeting, the Council considered requests by 
industry to revise the sector eligibility restrictions to allow open 
access permits to participate in sectors, but did not ultimately make 
such revisions, arguing that there were many opportunities to 
incorporate such a revision earlier in the development of Amendment 16 
and that it would not be

[[Page 18302]]

appropriate to add such a provision at the last minute due to the 
potential ramifications on other measures, including PSCs and VMS 
requirements.
    Comment 84: UNFA opposed the Amendment 16 provision that would 
require that sectors be composed of at least 3 individuals, none of 
whom have an ownership interest in one another, citing an example that 
10 separate corporations owned by the same people would be prohibited 
from participating as a sector even though each corporation is a 
separate legal entity.
    Response: Amendment 16 included minimum requirements for sector 
formation for a number of reasons, including to minimize the concern 
that one entity (or group of related entities) could obtain an 
excessive share of the available resource, address concerns that 
sectors would be a means to circumvent the ITQ referendum requirements 
of the Magnuson-Stevens Act, ensure accountability among sector 
members, and reduce the administrative burden of implementing a large 
number of very small sectors. The example highlighted by UNFA would not 
comply with the measures approved under Amendment 16, as they would 
undermine the objectives of this provision.
    Comment 85: The CCCHFA supported, while NSC and three associated 
commercial vessels opposed, the proposed measure that prohibits sectors 
from carrying over unused ACE of GB yellowtail flounder, Eastern GB 
cod, and Eastern GB haddock. The NSC and associated commercial 
fishermen recommended that sectors should be allowed to carry over 
unused ACE for such stocks as long as the U.S. portion of the TACs 
specified pursuant to the Understanding are not exceeded, particularly 
if U.S. vessels are unable to fully harvest available TAC due to 
complying with more conservative rebuilding requirements than required 
by the Magnuson-Stevens Act.
    Response: When the Council deemed the proposed regulations to be 
consistent with Amendment 16, they recognized that, although this 
provision was not specifically described in Amendment 16 itself, they 
could not identify any provision in Amendment 16 that would allow 
carry-over for these stocks without risking that the U.S./Canada 
Management Area TACs would be exceeded. Although projections could be 
used to determine if the U.S. TACs for these species would be exceeded 
during the following year to allow carry over on a year-to-year basis, 
it would not be possible to implement such a measure, yet ensure that 
the U.S./Canada TACs for these stocks would not be exceeded. Further, 
if the annual TACs are overestimated, as has occurred in the past 
several years, overfishing could occur if both the entire U.S. TACs for 
these species and any carry-over ACE are caught in the following FY. 
Accordingly, NMFS, under the authority of section 305(d) of the 
Magnuson-Stevens Act, has retained this measure in the final rule.

VMS Requirement

    Comment 86: CLF expressed general support for the proposed VMS 
provisions that would require all vessels participating in sectors or 
fishing under a DAS to use VMS.
    Response: This final rule implements the VMS provisions as 
proposed.

Transfer of ACE by NOAA-sponsored Permit Banks

    Comment 87: CLF supported the development of permit banks as 
proposed by NMFS in the proposed rule as an important management tool 
that could support community-based fisheries and allow new entrants 
into the fishery. However, they commented that such provisions were 
neither analyzed by the Council, nor considered in the Amendment 16 
FEIS, and that the details of such NOAA-sponsored permit banks are 
unknown. Based on this, CLF recommended that this provision should not 
be implemented in this action and that the Council should consider 
development of such programs in a future action. Similar comments were 
submitted by NSC and associated individual members. One commercial 
fisherman and NHCFA suggested that other institutions that formed 
permit banks should be recognized and allowed to operate in the same 
manner as NOAA-sponsored permit banks, while TNC requested 
clarification on what types of entities would qualify as a state-
operated permit bank, what constitutes a NOAA-sponsored permit bank, 
and from what sector management provisions would such permit banks be 
exempt.
    Response: NMFS acknowledges that this measure was not considered by 
the Council in Amendment 16. The establishment of the NOAA-sponsored 
permit bank occurred independent of the Council process through a $1 
million Congressional appropriation to provide financial assistance to 
the New England fisheries and to ``support a pilot permit banking 
program through which fishing opportunity will be preserved for small 
and remote communities in Maine.'' Because the initial $1 million 
appropriation was specific to the establishment of a pilot permit bank 
program, NMFS anticipated that, should the permit bank program with the 
State of Maine be successful, Congress may provide additional 
appropriations to establish similar permit bank programs in other 
states. Thus, NMFS intended this provision of the regulations to serve 
more broadly than simply the current permit bank program with the State 
of Maine so that any future permit bank programs established in 
partnership with other States may operate effectively.
    Upon consideration of public comment on the proposed rule, NMFS 
recognizes that the regulations specific to NOAA-sponsored permit banks 
have broader implications on the definition of a sector, as developed 
by the Council in Amendment 16, and on the ability of existing and 
future permit banks to operate under the sector provisions approved in 
Amendment 16. Therefore, it may be appropriate for the Council to 
consider if and how the measures originally proposed to apply only to 
the NOAA-sponsored permit banks should be revised to accommodate 
participation by other institutions or permit banks that are not 
sponsored by NOAA and operated by a state. To foster further discussion 
on permit banks and how they are affected by the provisions approved 
under Amendment 16 and implemented by this action, NMFS has removed 
proposed measures specific to NOAA-sponsored permit banks through this 
action and will recommend that the Council consider addressing public 
comments received on this provision through a subsequent Council 
action.

Changes From the Proposed Rule

    NMFS has made several changes to the proposed rule, including 
changes as a result of public comment and the disapproval of the GOM 
Haddock Sink Gillnet Pilot Program in Amendment 16. Some of these 
changes are administrative in nature, clarify the new or existing 
management measures, or correct inadvertent omissions in the proposed 
rule. These changes are listed below in the order that they appear in 
the regulations.
    The description of the reporting and recordkeeping requirements of 
this action has been revised to include burdens associated with 
forwarding trip start/end hails to NMFS and notifications to vessels, 
sectors, and NMFS of a dockside or at-sea monitor emergency. These 
burdens were included in the PRA package reviewed by the OMB as part of 
this action.
    In Sec.  648.10, paragraph (k)(3)(iv), the SNE/MA Stock Area 4, has 
been reserved and not revised in this final rule, as proposed, so that 
revisions to the coordinates for this area can be more

[[Page 18303]]

efficiently implemented in the final rule for Framework Adjustment 44.
    In Sec.  648.10(k)(2), the data elements required to be reported by 
vessels fishing in multiple broad stock areas on the same trip was 
clarified to reference reporting total catch of all species for each 
broad stock area fished. This is not expected to affect the public 
reporting burden associated with the information collection for this 
action.
    In Sec.  648.10(k)(3)(i), point G9 of the GOM Stock Area I has been 
revised to align the boundary of the GOM Stock Area 1 near the Cape 
Cod, MA, coastline at 70[deg]00' W. long. with Northeast Region (NER) 
statistical areas 514 and 521. The area was also modified to terminate 
at the U.S./Canada maritime boundary.
    In Sec.  648.10(k)(3)(ii), point G9 of the Inshore GB Stock Area 2 
has been revised to align the boundary of the Inshore GB Stock Area 2 
near the Cape Cod, MA, coastline at 70[deg]00' W. long. with NER 
statistical areas 514 and 521.
    In Sec.  648.10(k)(3)(iii), the Offshore GB Stock Area 3 has been 
revised to terminate the area at the U.S./Canada maritime boundary.
    In Sec.  648.14, paragraph (k)(12)(ix) was removed due to the 
disapproval of the GOM Haddock Sink Gillnet Pilot Program, and 
paragraphs (k)(13)(ii)(A) and (B) are not revised in this final rule, 
as proposed, so that revisions to these paragraphs resulting from 
measures approved under Framework Adjustment 44 may be more efficiently 
implemented in the final rule for that action.
    In Sec.  648.60, the introductory text for paragraph (a)(5)(ii) and 
paragraph (a)(5)(ii)(C)(2) are not revised in this final rule, as 
proposed, so that revisions to these paragraphs resulting from measures 
approved under Framework Adjustment 44 may be more efficiently 
implemented in the final rule for that action.
    In Sec.  648.81(f)(2)(vi), paragraphs (A) and (D) were removed, and 
paragraphs (B), (C), and (D) were reclassified as paragraphs (A), (B), 
and (C), respectively, to delete inaccurate references to Sector 
Rolling Closure Areas I and V and accurately reflect the Council's 
intent to exempt sector vessels from the existing GOM Rolling Closure 
Areas I and V in March and October/November.
    In Sec.  648.81(f)(2)(vi)(B), the description for the Sector 
Rolling Closure Area III has been revised to intersect with the Maine 
coastline, not New Hampshire, as previously stated.
    In Sec.  648.81(f)(2)(vi)(C), the description for the Sector 
Rolling Closure Area IV has been revised to intersect with the New 
Hampshire coastline, not Massachusetts, as previously stated.
    In Sec.  648.81(n)(2), a duplicate point in the description of the 
SNE Multispecies Restricted Gear Area, MRAG1, has been removed because 
it was listed twice.
    In Sec.  648.82, the introductory text to paragraph (b)(6) and 
paragraphs (e)(1)(i) and (n)(1)(ii) are not revised in this final rule, 
as proposed, so that revisions to these paragraphs resulting from 
measures approved under Framework Adjustment 44 may be more efficiently 
implemented in the final rule for that action. Paragraphs (e)(1)(i) and 
(n)(1)(ii) are instead reserved by this final rule.
    In Sec.  648.82(n)(1)(i)(C), point G9 of the Inshore GB 
Differential DAS Area has been revised to align the boundary of the 
Inshore GB Differential DAS Area near the Cape Cod, MA, coastline at 
70[deg]00' W. long. with NER statistical areas 514 and 521.
    In Sec.  648.82(n)(1)(i)(D), the Offshore GB Differential DAS Area 
was revised to terminate the area at the U.S./Canada maritime boundary.
    In Sec.  648.82(n)(2)(ii)(A), point GB3 of the GB Cod Trimester TAC 
Area has been revised to align the boundary of the GB Cod Trimester TAC 
Area near the east-facing shoreline of Nantucket, MA, at 41[deg]20' N. 
lat. with NER statistical areas 521 and 526. The area was also modified 
to terminate at the U.S./Canada maritime boundary.
    In Sec.  648.82(n)(2)(ii)(C), point GB3 of the GB Haddock Trimester 
TAC Area has been revised to align the boundary of the GB Haddock 
Trimester TAC Area near the east-facing shoreline of Nantucket, MA, at 
41[deg]20' N. lat. with NER statistical areas 521 and 526. The area was 
also modified to terminate at the U.S./Canada maritime boundary.
    In Sec.  648.82(n)(2)(ii)(E), point GB3 of the GB Yellowtail 
Flounder Trimester TAC Area has been revised to terminate the area at 
40[deg]30' N. lat. and the U.S./Canada maritime boundary.
    In Sec.  648.82(n)(2)(ii)(H), point GB8 of the American Plaice 
Trimester TAC Area has been removed because it was unnecessary and 
directly in line with two other points for area, with points following 
renumbered to reflect the removal of point GB8.
    In Sec.  648.82(n)(2)(ii)(I), point GB8 of the Witch Flounder 
Trimester TAC Area has been removed because it was unnecessary and 
directly in line with two other points for area, with points following 
renumbered to reflect the removal of point GB8.
    In Sec.  648.82(n)(2)(ii)(J), point GB5 of the GB Winter Flounder 
Trimester TAC Area has been revised to terminate the area at 40[deg]30' 
N. lat. and the U.S./Canada maritime boundary. Point GB14 has been 
revised to align with the boundary of statistical area 562.
    In Sec.  648.82(n)(2)(ii)(L), point 8 of the SNE/MA Winter Flounder 
Trimester TAC Area has been revised to ensure that the coordinates 
accurately reflect intersections with the shoreline of Nantucket, MA.
    In Sec.  648.82(n)(2)(ii)(M), point RF18 of the Redfish Trimester 
TAC Area has been revised to align the boundary of the Redfish 
Trimester TAC Area near the east-facing shoreline of Nantucket, MA at 
41[deg]20' N. lat. with NER statistical areas 521 and 526.
    In Sec.  648.82(n)(2)(ii)(N), point RF18 of the White Hake 
Trimester TAC Area has been revised to align the boundary of the White 
Hake Trimester TAC Area near the east-facing shoreline of Nantucket, 
MA, at 41[deg]20' N. lat. with NER statistical areas 521 and 526.
    In Sec.  648.82(n)(2)(ii)(O), point RF18 of the Pollock Trimester 
TAC Area has been revised to align the boundary of the Pollock 
Trimester TAC Area near the east-facing shoreline of Nantucket, MA, at 
41[deg]20' N. lat. with NER statistical areas 521 and 526.
    In Sec.  648.82(n)(2)(ii)(P), point ATWLF21 of the Atlantic 
Wolffish Trimester TAC Area has been revised to align the boundary of 
the Atlantic Wolfish Trimester TAC Area near the east-facing shoreline 
of Nantucket, MA, at 41[deg]20' N. lat. with NER statistical areas 521 
and 526.
    In Sec.  648.85, paragraph (b)(9) was removed due to the 
disapproval of the GOM Haddock Sink Gillnet Pilot Program. In addition, 
paragraphs (b)(6)(v)(A), (B), (D), (F) through (I), and (K) are not 
revised in this final rule, as proposed, so that revisions to these 
paragraphs resulting from adjustments specified in the Framework 
Adjustment 44 final rule may be more efficiently implemented through 
the final rule for that action. Instead, paragraphs (B), (D), and (F) 
of this section are reserved by this final rule.
    In Sec.  648.85(a)(3)(v)(B), (b)(6)(iv)(I), and (b)(7)(vi)(D), 
references to statistical area fished were inserted in the reporting 
requirements for special management programs to ensure that NMFS can 
accurately attribute catch to the Eastern U.S./Canada Area, and 
references to ocean pout and Atlantic wolffish were removed to reduce 
the reporting burden associated with stocks that cannot be landed.
    In Sec.  648.85(b)(6)(v)(C), point CCGOM11 of the CC/GOM Yellowtail 
Flounder Stock Area of the Regular B DAS Program was added, and point 
CCGOM14 was revised to correct the nearshore boundary of the area as it 
intersects the east-facing shoreline of MA.

[[Page 18304]]

    In Sec.  648.85(b)(6)(v)(E), a duplicate point in the SNE/MA 
Yellowtail Flounder Stock Area for the Regular B DAS Program was 
removed, and point SNEMA9 was revised to correct the boundary of this 
area, as it intersects the south-facing shoreline of Cape Cod, MA.
    In Sec.  648.85(b)(6)(v)(G), points defining the Witch Flounder 
Stock Area of the Regular B DAS Program were revised to terminate the 
area at the U.S./Canada maritime boundary.
    In Sec.  648.85(b)(8)(v)(E)(1), text was inserted to allow sector 
vessels fishing in the Eastern U.S./Canada Haddock SAP to use gear 
other than the haddock separator trawl or the Ruhle trawl to maintain 
consistency with the preamble text of the proposed rule and measures 
adopted by the Council in Amendment 16.
    In Sec.  648.86, paragraphs (a)(1), (b)(1), and (m)(1) are not 
revised in this final rule, as proposed, so that revisions to these 
paragraphs resulting from measures approved under Framework Adjustment 
44 may be more efficiently implemented in the final rule for that 
action. Paragraph (m)(1) of this paragraph is instead reserved by this 
final rule.
    In Sec.  648.87(b)(1)(ii), the introductory text was revised to 
include reference to ACE transfers when defining when an ACE is 
exceeded, and to remove an incorrect reference to gear capable of 
catching NE multispecies to define a sector trip to ensure that sector 
vessels may continue to participate in exempted fisheries, as proposed.
    In Sec.  648.87(b)(1)(ii)(A) through (F) are not revised in this 
final rule, as proposed, so that revisions to these paragraphs 
resulting from adjustments specified in the Framework Adjustment 44 
final rule may be more efficiently implemented through the final rule 
for that action. Instead, these paragraphs are reserved by this final 
rule.
    In Sec.  648.87(b)(1)(iii)(B)(3), the regulatory text was revised 
to clarify that a sector vessel shall be prohibited from fishing on a 
sector trip in a stock area for which the sector's ACE was exceeded 
during the previous fishing year by removing an incorrect reference to 
gear capable of catching NE multispecies to define a sector trip in the 
example provided in this paragraph.
    In Sec.  648.87(b)(1)(iv)(B), a definition of ``permit/vessel'' has 
been inserted to clarify the application of vessel replacement and 
sector commitment restrictions to permits/vessels enrolled in sectors.
    In Sec.  648.87(b)(5)(i)(A)(1) and (2), the dockside monitoring 
trip-start and trip-end hail report requirements have been revised to 
clarify the data elements that must be reported. In the trip-start hail 
report, ``trip duration'' was clarified as the date and time of arrival 
in port, while language was added to specify that trips less than 6 hr 
in duration or within 6 hr from port must include the estimated date 
and time of offload. In the trip-end hail report, the data elements 
necessary for ``all dealers/facilities'' were revised to state that the 
dock/dealer, port/harbor, and state were required for the first dealer/
facility where the vessel intends to offload catch, while only the 
port/harbor and state for the second dealer/facility where the vessel 
intends to offload catch must be reported. This reduces the amount of 
information that must be submitted by vessels. In addition, the 
requirement to report the ``estimated total weight of each species on 
board'' was clarified to state that vessels must report the total 
weight of all regulated NE multispecies species and the total weight of 
all other species on board. These changes were included in the public 
reporting burden associated with the information collection for this 
action.
    In Sec.  648.89, paragraph (c)(6) is added to reflect the intent of 
Amendment 16 to prohibit all vessels, including recreational vessels, 
from possessing winter flounder from the SNE/MA winter flounder stock 
area.
    In Sec.  648.90(a)(2)(iii), the phrase ``the calculation of PSCs'' 
was inserted to clarify the list of measures that may be revised 
through a framework adjustment.
    Under NOAA Administrative Order 205-11, dated December 17, 1990, 
the Under Secretary for Oceans and Atmosphere has delegated authority 
to sign material for publication in the Federal Register to the 
Assistant Administrator for Fisheries, NOAA.

Classification

    The Regional Administrator determined that the management measures 
implemented by this final rule are necessary for the conservation and 
management of the NE multispecies fishery, and are consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be significant for the 
purposes of Executive Order (E.O.) 12866.
    This final rule does not contain policies with federalism or 
``takings'' implications, as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    The Council prepared a FEIS for Amendment 16 to the FMP. The FEIS 
was filed with the Environmental Protection Agency on October 23, 2009. 
A notice of availability was published on October 30, 2009 (74 FR 
56195). In partially approving the Amendment 16 on January 21, 2010, 
NMFS issued a ROD identifying the measures approved under this action. 
A copy of the ROD is available from NMFS (see ADDRESSES).
    Pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 
553(d)(3), NMFS finds good cause to waive the 30-day delay in 
effectiveness of this rule. This final rule is necessary to implement 
measures that will immediately end overfishing on all stocks, establish 
rebuilding programs for newly overfished stocks, implement measures to 
rebuild overfished stocks, and establish a process to specify ACLs and 
associated AMs to maintain compliance with the Magnuson-Stevens Act. In 
addition, this final rule includes several provisions that help 
mitigate the adverse economic impacts resulting from continued efforts 
to end overfishing and rebuild overfished stocks and increase the 
economic efficiency of vessel operations, including revisions to the 
DAS Leasing and Transfer Programs, authorization of 17 new sectors, and 
other measures. This rule must be in effect at the beginning of FY 2010 
on May 1, 2010, to fully capture its environmental and economic 
benefits. In order to have this action effective at the beginning of FY 
2010, it is necessary to waive the 30-day delay period for this rule.
    The measures implemented by the 2009 interim action will expire on 
April 30, 2010. While these measures were expected to substantially 
reduce F for most stocks, overfishing was expected to continue for 
several stocks, notably GB cod, witch flounder, pollock, and northern 
windowpane flounder. As a result, it is imperative to implement 
measures to achieve Frebuild for all overfished stocks in 
the FMP by the start of FY 2010 on May 1, 2010, to end overfishing, 
ensure that rebuilding programs are not compromised, and increase the 
likelihood that overfished stocks will rebuild within established 
rebuilding periods. Failure to waive the 30-day delay in effectiveness 
would prevent such measures from being implemented on May 1, 2010, and 
would, therefore, allow for the continuation of overfishing on specific 
groundfish stocks such as GB cod, witch flounder, pollock, and northern 
windowpane flounder; stocks in need of substantial F reductions for the 
start of FY 2010. This would be contrary to not only the interest of 
the fishing communities, but to the public at large, as overfishing and 
overfished stocks decreases the ability of the public to enjoy that 
stock for recreational,

[[Page 18305]]

aesthetic, or other reasons, and reduces the availability of seafood.
    In addition, delay in the implementation of this rule beyond May 1, 
2010, could result in short-term adverse economic impacts to NE 
multispecies vessels and associated fishing communities caused by 
delaying the rebuilding of overfishing stocks and the benefits 
associated with sustainable fishery resources. Delaying implementation 
of this final rule would mean that vessels participating in sectors, at 
least 812 vessels (55% of the groundfish fleet) as of the January 22, 
2010, sector rosters, would not be able to take advantage of the 
flexibility in vessel operations provided by exemptions to trip limits 
and DAS use implemented by this final rule at the start of the year. 
Moreover, because vessels committed to a sector may not fish in both 
the common pool and a sector in the same FY, vessels currently signed 
into a sector would be forced to cease fishing operations entirely 
after May 1, 2010, until the end of the full 30-day delayed 
effectiveness period, or forego sector membership for the entire FY, 
thereby losing the mitigating economic efficiencies of the restrictions 
relieved for sector vessels. This would reduce the economic efficiency 
of the fleet until such measures become effective, and cause 
unnecessary adverse economic impacts to affected vessels, including the 
majority of active vessels. As a result, delayed implementation of 
these measures beyond May 1, 2010, would be contrary to the public 
interest.

FRFA

    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), prepared this FRFA in support of the approved measures in 
Amendment 16. The FRFA incorporates the IRFA, a summary of the 
significant issues raised by the public comments in response to the 
IRFA, NMFS's responses to those comments, relevant analyses and 
comments and responses in Amendment 16, and a summary of the analyses 
completed to support the action. A summary of the IRFA was published in 
the proposed rule for this action and is not repeated here. A 
description of why this action was considered, the objectives of, and 
the legal basis for this rule is contained in the preamble to the 
proposed and this final rule and is not repeated here.

Summary of the Issues Raised by Public Comments in Response to the 
IRFA, a Summary of the Assessment of the Agency of Such Issues, and a 
Statement of Any Changes Made From the Proposed Rule as a Result of 
Such Comments

    Comment A: Although not specific to the IRFA, NHCFA stated that 
Amendment 16 underestimates the economic impacts of proposed measures, 
but did not provide additional detail as to what this group contends 
would be the economic impacts of the proposed measures. Further, Mayor 
Lang of New Bedford, MA stated that the economic analysis must include 
impacts on communities, including impacts to the tax base and 
infrastructure if vessels will no longer remain economically viable.
    Response: As stated in the response to Comment 4 in this preamble, 
a full analysis, consistent with guidelines concerning the scope and 
content of such analyses, of the economic impacts of proposed measures 
was conducted for this action using the best available scientific 
information. The analysis notes that there are a number of sources of 
uncertainty associated with measures in Amendment 16 that make precise 
evaluation of impacts difficult. A full discussion of the impacts of 
changes in occupational opportunities and community infrastructure is 
in Section 7.6.3.4 of the FEIS.

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

    This final rule implements changes that affect 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 in Sections 6.2.3 and 6.2.5.5 of the 
FEIS, the total number of small entities that may be affected is 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 this action substantially increases 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 January 22, 2010, 812 
vessels elected to join a sector for 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 
determining small entities for commercial fishing entities (NAICS code 
114111) is $4 million in sales, while the size standard for charter/
party operators (part of NAICS cod 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 
final rule.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of the Final Rule

Reporting and Recordkeeping Requirements

    This final rule contains reporting and recordkeeping requirements 
and associated information collections subject to the Paperwork 
Reduction Act (PRA) that have been previously approved by OMB under 
control numbers 0648-0202, 0648-0212, and 0648-0605. Measures 
implemented by this final rule include several provisions

[[Page 18306]]

that require either new or revised collection-of-information 
requirements. Public reporting burden for these collections of 
information are estimated to average as follows:
    1. Sector operations plan and associated NEPA analysis, 
OMB 0648-0605, (640 hr/response);
    2. Dockside/at-sea monitoring service provider application, 
OMB 0648-0605, (10 hr/response);
    3. Dockside/at-sea monitoring service provider response to 
application disapproval, OMB 0648-0605, (10 hr/response);
    4. Data entry for sector discard monitoring system, OMB 
0648-0605, (3 min/response);
    5. Sector weekly catch report, OMB 0648-0605, (4 hr/
response);
    6. Sector annual report, OMB 0648-0605, (12 hr/response);
    7. Notification of expulsion from a sector, OMB 0648-0605, 
(30 min/response);
    8. Request to transfer ACE, OMB 0648-0605, (5 min/
response);
    9. VMS certification form, OMB 0648-0605, (10 min/
response);
    10. VMS confirmation call, OMB 0648-0605, (5 min/
response);
    11. VMS area and DAS declaration, OMB 0648-0605, (5 min/
response);
    12. VMS trip-level catch reports, OMB 0648-0605, (15 min/
response);
    13. Request for a LOA to participate in the GOM Haddock Gillnet 
Pilot Program, OMB 0648-0605, (5 min/response);
    14. Request for a LOA to fish in a NE multispecies RGA, 
OMB 0648-0605, (5 min/response);
    15. VMS declaration to fish in a NE multispecies RGA, OMB 
0648-0605, (5 min/response);
    16. Pre-trip hail report to a dockside monitoring service provider, 
OMB 0648-0605, (2 min/response);
    17. Trip-end hail report to a dockside monitoring service provider, 
OMB 0648-0605, (15 min/response);
    18. Confirmation of dockside monitoring trip-end hail report, 
OMB 0648-0605, (2 min/response);
    19. Dockside/roving service provider data entry, OMB 0648-
0605, (3 min/response);
    20. Dockside/roving or at-sea monitor deployment report, 
OMB 0648-0605, (10 min/response);
    21. Dockside/roving or at-sea monitoring service provider catch 
report to NMFS upon request, OMB 0648-0605, (5 min/response);
    22. Dockside/roving or at-sea monitor report of harassment and 
other issues, OMB 0648-0605, (30 min/response);
    23. OLE debriefing of dockside/roving or at-sea monitors, 
OMB 0648-0605, (2 hr/response);
    24. Copy of dockside/roving or at-sea monitoring service provider 
contract upon request, OMB 0648-0605, (30 min/response);
    25. Copy of dockside/roving or at-sea monitoring service provider 
information materials upon request, OMB 0648-0605, (30 min/
response);
    26. Observer program pre-trip notification, OMB 0648-0605, 
(2 min/response);
    27. Daily VMS catch reports when fishing in the U.S./Canada 
Management Area and CA II SAPs, OMB 0648-0605, (15 min/
response);
    28. Daily VMS catch reports when fishing in the CA I Hook Gear 
Haddock SAP, OMB 0648-0605, (15 min/response);
    29. Daily VMS catch reports when fishing in the Regular B DAS 
Program, OMB 0648-0605, (15 min/response);
    30. Copy of the dealer weigh-out slip or dealer signature of the 
dockside monitor report, OMB 0648-0605, (2 min/response);
    31. Forward trip start/end hails to NMFS, OMB 0648-0605 (2 
min/response); and
    32. Notification to vessel/sector/NMFS of monitor emergency, 
OMB 0648-0605 (5 min/response).
    These estimates include the time required for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. NMFS will merge these new collections with 
existing collections approved under OMB control numbers 0648-0202 and 
0648-0212 when possible. Send comments regarding these burden estimates 
or any other aspect of this data collection, including suggestions for 
reducing the burdern, to NMFS (see addresses) and by e-mail to [email protected], or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

Other Compliance Requirements

    The only other compliance requirements associated with this final 
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 is 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 it 
would cost about $750 to modify existing gear. Sector vessels are not 
subject to the RGA measures or the costs associated with such selective 
gear.

Description of Steps the Agency Has Taken To Minimize the Significant 
Economic Impact on Small Entities Consistent With the Stated Objectives 
of Applicable Statues

    This final rule implements a number of measures that minimize the 
long-term economic impacts on small entities and provide small entities 
with some degree of flexibility to be able to offset at least some 
portion of the estimated economic impacts associated with other 
measures implemented by this action. Rebuilding programs for overfished 
stocks implemented by this action ensure that sustainable fisheries can 
be achieved and maintained so that vessels can ultimately fish for, and 
land, all stocks managed by the FMP. Similarly, the process to specify 
ABCs and ACLs for each stock, distribute them among various fishery 
components that catch regulated species and ocean pout, and trigger 
applicable AMs once the ACLs are exceeded increases the likelihood that 
overfishing will be prevented and that overfished stocks will continue 
to rebuild. This would, in turn, increase vessel revenues by promoting 
sustainable fisheries over the longterm. Revised reporting requirements 
provide the timely data necessary to effectively monitor catch toward 
these ACLs and enhance data available to more accurately assess catch 
and, therefore, F for each stock. Failure to implement new rebuilding 
programs or a process to establish ACLs and AMs for each stock through 
this action would cause the FMP to be out of conformance with the 
Magnuson-Stevens Act. Further, without more timely and comprehensive 
reporting requirements, the data necessary to effectively monitor catch 
would not be available. This could cause ACLs to be unnecessarily 
exceeded and result in more stringent management measures in the future 
to end overfishing. Furthermore, if ACLs were not distributed among 
various components of the fishery that catch regulated species and 
ocean pout, all fisheries may be subject to additional reductions in 
fishing effort to end overfishing and achieve the conservation 
objectives of applicable law and the FMP. Thus, these further economic 
impacts are avoided through implementation of measures in this action.

[[Page 18307]]

    Amendment 16 analysis (see Section 7.5.11.1.6 of the Amendment 16 
FEIS) indicates that the effort control option selected for common pool 
vessels (i.e., 24-hr DAS counting in conjunction with an overall DAS 
reduction) is expected to result in substantially fewer adverse 
economic impacts, in both total fishing revenue and revenue from trips 
in which regulated species and ocean pout were the predominant species 
landed, than the other options considered. The conclusion that the 
selected alternative was superior with respect to the potential 
estimated negative economic impacts was the primary reason this 
particular effort control option was selected by the Council and 
approved by NMFS. Even though the no action alternative would have 
resulted in the fewest economic impacts to affected vessels and likely 
would have provided sufficient DAS for vessels to meet annual expenses, 
the no action alternative would not have achieved the reductions in F 
necessary to end overfishing, rebuild overfished stocks, or achieve the 
biological objectives of the FMP. Therefore, the no action alternative 
is not consistent with applicable law and cannot be implemented through 
this action. RGAs implemented under this action help increase the 
selectivity of the fishery, reducing catch of overfished stocks such as 
yellowtail flounder and winter flounder, and increasing the likelihood 
that conservation objectives for these stocks will be achieved. In 
doing so, economic impacts should be mitigated over the long term by 
increasing the probability that stocks will rebuild in a timely manner.
    Recreational measures implemented by this action include an 
extended seasonal GOM cod prohibition. This measure is considered to be 
the most effective measure for reducing actual catch and, therefore, 
fishing mortality on GOM cod, in contrast to the other alternatives 
considered. By more effectively reducing catch of GOM cod, it is less 
likely that recreational catch of GOM cod will exceed the portion of 
the GOM cod ACL distributed to the recreational fishery and trigger AMs 
during the following FY. Avoiding implementation of AMs reduces 
economic impacts to recreational vessels, especially if less effective 
measures at reducing catch (trip or size limits) are implemented as 
AMs. These types of AMs would have to be implemented over a longer 
duration to achieve similar results as a possession prohibition, 
particularly if implemented late in the FY following an overage. As 
noted above, the recreational allocation implemented through this 
action ensures that the recreational fishery would not be subject to 
any further effort controls to reduce catch due to excessive catch by 
other components of the fishery. This should minimize adverse economic 
impacts to each component of the fishery, as each component would only 
be responsible for its portion of F on each stock. The elimination of 
the hook restriction allows the recreational fishery to more 
efficiently catch allowable limits, while the requirement to maintain 
at least 2 inches (5.08 cm) of contiguous skin on the fillets maintains 
existing practices that provide revenue to party/charter vessels, while 
facilitating the enforcement of size and trip limits.
    The measures implemented by this action that specifically help 
minimize the significant economic impacts on small entities include 
revisions to the DAS Leasing and Transfer Programs, revisions to 
existing SAPs to facilitate the targeting of healthy stocks of haddock, 
increased trip limits for certain stocks, and revisions to sector 
measures. Changes to the DAS Leasing and Transfer Programs in Amendment 
16 are intended to eliminate administrative obstacles that limited 
participation in these programs. This is likely to increase 
participation in these programs and, therefore, the economic efficiency 
of vessel operations. Such changes will also likely 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 have accrued under the no action option for 
each of these measures. Revisions to the existing SAPs 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 increase the likelihood that 
the fishery will harvest more of the abundant stocks of haddock, 
particularly on GB. Accordingly, this action will increase 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 the 
effort reductions implemented by this action convert some Category A 
DAS to Category B DAS for common pool vessels, 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 without compromising efforts to rebuild overfished stocks. 
Increased trip limits for GB cod and CC/GOM and SNE/MA yellowtail 
flounder are intended to offset the substantial effort reductions in 
the form of reductions in Category A DAS and 24-hr DAS counting 
implemented by this action. Because of the commingled nature of the NE 
multispecies fishery, revisions to these 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 will 
not only meet the biological objectives of this action based upon 
supporting analysis in Amendment 16, but will also increase revenue for 
common pool vessels.
    Several of the revisions to sector measures could help mitigate the 
economic impacts of this action. All approved sectors are 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. Such exemptions reduce operational costs of 
sectors by minimizing the scale and complexity of analyses that need to 
be developed on a yearly basis to support approval of the sector's 
operation plans. All of these exemptions also help increase the 
operational efficiency of sector vessels and would likely lead to 
increased revenue for participating vessels. Because sector vessels are 
no longer be limited by DAS allocations and are instead limited by 
their 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. Therefore, available information suggests that economic 
performance among sector vessels may be expected to improve relative to 
continuing to remain under effort controls. ACE trading is also 
expected to help ensure that sectors

[[Page 18308]]

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 are 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. This 
action also provides 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. Although such 
exemptions have not been granted at this time, if such exemptions are 
granted in the future, this may reduce the operational costs to 
vessels, as they would not be required to submit daily or trip-level 
catch reports via VMS that cost as much as $0.764 per submission. 
Finally, by authorizing 17 new sectors, participating vessels can 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.
    Many of the benefits of reducing costs and increasing the 
efficiency of vessel operations described above would not be realized 
had other options been selected by the Council and approved in this 
action. Even though the no action alternative for some measures would 
have resulted in the fewest economic impacts to affected vessels, the 
no action alternative, overall, would not have achieved the reductions 
in F necessary to rebuild overfished stocks or the biological 
objectives of the FMP and is, therefore, not consistent with applicable 
law. In contrast, the measures implemented by this action are 
consistent with applicable law because they 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 this action would produce 
the most economic benefits to affected entities once stocks rebuild 
when compared to the alternatives considered in this action. Other 
measures implemented by this final rule, but not specifically mentioned 
above, such as sector definitions, sector overage penalties, dockside 
and at-sea monitoring standards, and Sector joint/several liability 
provisions are all administrative in nature and have little, if any, 
influence over economic impacts to affected entities. A complete 
description of why each measure was selected can be found in the ROD 
developed in support of this action and in Section 4.2 of the Amendment 
16 FEIS (see ADDRESSES).
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a letter to permit holders that also serves as 
small entity compliance guide (the guide) was prepared. Copies of this 
final rule are available from the Northeast Regional Office, and the 
guide, i.e., permit holder letter, will be sent to all holders of 
permits for the multispecies, monkfish, and scallop fisheries, along 
with each individual issued a Federal dealer permit. The guide and this 
final rule will be available upon request.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 25, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons stated in the preamble, 15 CFR part 902, and 50 CFR 
part 648 are amended as follows:

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.


0
2. In Sec.  902.1, the table in paragraph (b) under 50 CFR is amended 
by:
0
a. Revising OMB control numbers for the existing entries for sections 
Sec.  648.4, Sec.  648.7, Sec.  648.9, Sec.  648.10, Sec.  648.14, 
Sec. Sec.  648.80 through 648.82, and Sec. Sec.  648.85 through Sec.  
648.89; and
0
b. Adding new OMB control numbers in numerical order and new entries 
for Sec.  648.90 to read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) Display.

------------------------------------------------------------------------
                                             Current OMB control number
 CFR part or section where the information  (all numbers begin with 0648-
     collection requirement is located                    )
------------------------------------------------------------------------
 
                                * * * * *
50 CFR
 
                                * * * * *
648.4.....................................  -0202, -0212, and -0529.
 
                                * * * * *
648.7.....................................  -0018, -0202, -0212, -0229,
                                             0590, and -0605.
 
                                * * * * *
648.9.....................................  -0202, -0404, and -0529.
648.10....................................   -0202, -0529, and -0605.
 
                                * * * * *
648.14....................................   -0202, -0212, -0469, -0602,
                                             and -0605.
 
                                * * * * *
648.80....................................  -0202, -0422, and -0602.
648.81....................................   -0202, -0412, and -0605.
648.82....................................  -0202 and -0605.
 
                                * * * * *
648.85....................................  -0202, -0212, and -0605.
648.86....................................  -0202, -0391, and -0605.
648.87....................................  -0202 and -0605.
648.88....................................  -0202 and -0605.

[[Page 18309]]

 
648.89....................................  -0202, -0412, and -0605.
648.90....................................  -0202 and -0605.
 
                                * * * * *
------------------------------------------------------------------------

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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


0
4. 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 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.

[[Page 18310]]

    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.
* * * * *

0
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.  648.4  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.
* * * * *

0
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 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

[[Page 18311]]

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.

0
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 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) and the 
total amount of all species retained (in pounds, landed weight), 
including NE multispecies and species managed by other FMPs, from 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 bounded on the east 
by the U.S./Canadian maritime boundary and straight lines connecting 
the following points in the order stated:frefee

                            GOM Stock Area 1
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
G1.............................  (\1\)                (\1\)
CII3...........................  (\1\)                67[deg]20'
G6.............................  42[deg]20'           67[deg]20'
G10............................  42[deg]20'           70[deg]00'
G9.............................  (\2\)                70[deg]00'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada maritime
  boundary.
\2\ The intersection of the Cape Cod, MA, coastline and 70[deg]00' W.
  long.

    (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:

[[Page 18312]]



                         Inshore GB Stock Area 2
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
G9.............................  (\2\)                70[deg]00'
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.
  long.
\2\ South-facing shoreline of Cape Cod, MA.

    (iii) Offshore GB Stock Area 3. The Offshore GB Stock Area 3 is 
bounded on the east by the U.S./Canadian maritime boundary and 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'
G6.............................  42[deg]20'           67[deg]20'
CII3...........................  (\1\)                67[deg]20'
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) [Reserved]

0
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 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.

0
7. In Sec.  648.14,
0
a. Revise the introductory text to paragraph (k)(12)(iii);
0
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)(C), and (k)(14);
0
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
0
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)(13)(ii)(I) and (J), 
(k)(16)(v) through (vii), (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) * * *

[[Page 18313]]

    (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 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

[[Page 18314]]

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.
    (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) * * *
    (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.
    (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) * * *
    (v) 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).
    (vi) 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.
    (vii) 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.
* * * * *
0
8. 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, 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

[[Page 18315]]

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 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 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 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

[[Page 18316]]

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 of 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.
    (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'

[[Page 18317]]

 
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.
* * * * *

0
9. 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 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.

    (B) 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\)
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\ ME shoreline.

    (C) 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\ NH shoreline.
\2\ ME shoreline.

    (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) * * *

[[Page 18318]]

    (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 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'
------------------------------------------------------------------------
\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

[[Page 18319]]

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 
(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).

0
10. In Sec.  648.82:
0
(a) Revise the introductory text to paragraphs (d)(1), (d)(2)(i)(B), 
(d)(2)(ii)(B), (e)(1), (j), (j)(1), and (k)(4)(xi);
0
(b) Revise paragraphs (d)(1)(iii), (d)(2)(i)(B)(3), (d)(2)(ii)(B)(3), 
(e)(1)(ii), (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);
0
(c) Remove and reserve paragraphs (c)(2), (e)(2), and (k)(4)(iv);
0
(d) Remove paragraphs (d)(4) and (l)(1)(ix); and
0
(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.

* * * * *
    (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.

[[Page 18320]]

    (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) [Reserved]
    (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 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

[[Page 18321]]

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 
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

[[Page 18322]]

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 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 times 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 Differential DAS Area during the following fishing year. 
For any differential DAS counting

[[Page 18323]]

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:

                   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.............................  (\1\)                70[deg]00'
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 on the east by the U.S./Canadian maritime boundary and 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...........................  (\1\)                67[deg]20'
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'

[[Page 18324]]

 
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) [Reserved]
    (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
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'

[[Page 18325]]

 
GB2............................  42[deg]20'           (\1\)
GB3............................  40[deg]30'           (\1\)
GB4............................  40[deg]30'           66[deg]40'
GB5............................  39[deg]50'           66[deg]40'
GB6............................  39[deg]50'           68[deg]50'
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...........................  41[deg]20'           (\2\)
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:

                      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'           (\1\)
GB4............................  40[deg]30'           66[deg]40'
GB5............................  39[deg]50'           66[deg]40'
GB6............................  39[deg]50'           68[deg]50'
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...........................  41[deg]20'           (\2\)
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'
GOM12..........................  (\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'           (\1\)
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'

[[Page 18326]]

 
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\ North-facing shoreline of Nantucket, MA.
\4\ South-facing shoreline of 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 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'           (\1\)
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]40'
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
------------------------------------------------------------------------
1..............................  42[deg]20'           70[deg]00'
2..............................  42[deg]20'           68[deg]50'
3..............................  41[deg]00'           68[deg]50'
4..............................  41[deg]00'           69[deg]30'
5..............................  41[deg]10'           69[deg]30'
6..............................  41[deg]10'           69[deg]50'
7..............................  41[deg]20'           69[deg]50'
8..............................  41[deg]20'           (\1\)
9..............................  (\2\)                70[deg]00'
10.............................  (\3\)                70[deg]00'
11.............................  (\4\)                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\)

[[Page 18327]]

 
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[min]
RF2............................  43[deg]40[min]       69[deg]20[min]
RF3............................  43[deg]40[min]       69[deg]00[min]
RF4............................  43[deg]20[min]       69[deg]00[min]
RF5............................  43[deg]20[min]       67[deg]40[min]
RF6............................  (\2\)                67[deg]40[min]
RF7............................  42[deg]53.1[min]     67[deg]44.4[min]
RF8............................  (\2\)                67[deg]40[min]
RF9............................  41[deg]20[min]       67[deg]40[min]
RF10...........................  41[deg]20[min]       68[deg]10[min]
RF11...........................  41[deg]10[min]       68[deg]10[min]
RF12...........................  41[deg]10[min]       68[deg]20[min]
RF13...........................  41[deg]00[min]       68[deg]20[min]
RF14...........................  41[deg]00[min]       69[deg]30[min]
RF15...........................  41[deg]10[min]       69[deg]30[min]
RF16...........................  41[deg]10[min]       69[deg]50[min]
RF17...........................  41[deg]20[min]       69[deg]50[min]
RF18...........................  41[deg]20[min]       (\3\)
RF19...........................  (\4\)                70[deg]00[min]
RF20...........................  (\5\)                70[deg]00[min]
------------------------------------------------------------------------
\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, 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[min]
RF2............................  43[deg]40[min]       69[deg]20[min]
RF3............................  43[deg]40[min]       69[deg]00[min]
RF4............................  43[deg]20[min]       69[deg]00[min]
RF5............................  43[deg]20[min]       67[deg]40[min]
RF6............................  (\2\)                67[deg]40[min]
RF7............................  42[deg]53.1[min]     67[deg]44.4[min]
RF8............................  (\2\)                67[deg]40[min]
RF9............................  41[deg]20[min]       67[deg]40[min]
RF10...........................  41[deg]20[min]       68[deg]10[min]
RF11...........................  41[deg]10[min]       68[deg]10[min]
RF12...........................  41[deg]10[min]       68[deg]20[min]
RF13...........................  41[deg]00[min]       68[deg]20[min]
RF14...........................  41[deg]00[min]       69[deg]30[min]
RF15...........................  41[deg]10[min]       69[deg]30[min]
RF16...........................  41[deg]10[min]       69[deg]50[min]
RF17...........................  41[deg]20[min]       69[deg]50[min]
RF18...........................  41[deg]20[min]       (\3\)
RF19...........................  (\4\)                70[deg]00[min]
RF20...........................  (\5\)                70[deg]00[min]
------------------------------------------------------------------------
\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[min]
RF2............................  43[deg]40[min]       69[deg]20[min]
RF3............................  43[deg]40[min]       69[deg]00[min]
RF4............................  43[deg]20[min]       69[deg]00[min]
RF5............................  43[deg]20[min]       67[deg]40[min]
RF6............................  (\2\)                67[deg]40[min]
RF7............................  42[deg]53.1[min]     67[deg]44.4[min]
RF8............................  (\2\)                67[deg]40[min]
RF9............................  41[deg]20[min]       67[deg]40[min]
RF10...........................  41[deg]20[min]       68[deg]10[min]
RF11...........................  41[deg]10[min]       68[deg]10[min]
RF12...........................  41[deg]10[min]       68[deg]20[min]
RF13...........................  41[deg]00[min]       68[deg]20[min]
RF14...........................  41[deg]00[min]       69[deg]30[min]
RF15...........................  41[deg]10[min]       69[deg]30[min]
RF16...........................  41[deg]10[min]       69[deg]50[min]
RF17...........................  41[deg]20[min]       69[deg]50[min]
RF18...........................  41[deg]20[min]       (\3\)
RF19...........................  (\4\)                70[deg]00[min]
RF20...........................  (\5\)                70[deg]00[min]
------------------------------------------------------------------------
\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 Wolffish Trimester TAC Area. For the purposes of the 
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this 
section, the Atlantic Wolffish 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 Wolffish Trimester TAC Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
ATWLF1.........................  (\1\)                69[deg]20[min]
ATWLF2.........................  43[deg]40[min]       69[deg]20[min]
ATWLF3.........................  43[deg]40[min]       69[deg]00[min]
ATWLF4.........................  43[deg]20[min]       69[deg]00[min]
ATWLF5.........................  43[deg]20[min]       69[deg]10[min]
ATWLF6.........................  43[deg]00[min]       69[deg]10[min]
ATWLF7.........................  43[deg]00[min]       69[deg]20[min]
ATWLF8.........................  42[deg]50[min]       69[deg]20[min]
ATWLF9.........................  42[deg]50[min]       69[deg]40[min]
ATWLF10........................  42[deg]20[min]       69[deg]40[min]
ATWLF11........................  42[deg]20[min]       67[deg]40[min]
ATWLF12........................  41[deg]20[min]       67[deg]40[min]
ATWLF13........................  41[deg]20[min]       68[deg]10[min]
ATWLF14........................  41[deg]10[min]       68[deg]10[min]
ATWLF15........................  41[deg]10[min]       68[deg]20[min]
ATWLF16........................  41[deg]00[min]       68[deg]20[min]
ATWLF17........................  41[deg]00[min]       69[deg]30[min]
ATWLF18........................  41[deg]10[min]       69[deg]30[min]
ATWLF19........................  41[deg]10[min]       69[deg]50[min]
ATWLF20........................  41[deg]20[min]       69[deg]50[min]
ATWLF21........................  41[deg]20[min]       (\2\)
ATWLF22........................  (\3\)                70[deg]00[min]
ATWLF23........................  (\4\)                70[deg]00[min]
------------------------------------------------------------------------
\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

[[Page 18328]]

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 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.

0
11. 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)
------------------------------------------------------------------------

* * * * *

0
12. In Sec.  648.85:
0
a. Revise the introductory text to paragraph (a)(1), (a)(3), 
(a)(3)(iii), (b)(8)(v)(A);
0
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
0
c. Add paragraphs (b)(6)(iv)(J)(4) 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

[[Page 18329]]

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. 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 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

[[Page 18330]]

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 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

[[Page 18331]]

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 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 statistical area in which 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

[[Page 18332]]

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 (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.

[[Page 18333]]

    (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 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

[[Page 18334]]

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, 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; statistical area fished; and the total pounds of 
cod, haddock, yellowtail flounder, winter flounder, witch flounder, 
pollock, American plaice, redfish, Atlantic halibut, 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) [Reserved]
    (B) [Reserved]
    (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
------------------------------------------------------------------------
CCGOM 1........................  43[deg]00'           (\1\)
CCGOM 2........................  43[deg]00'           70[deg]00'
CCGOM 3........................  42[deg]30'           70[deg]00'
CCGOM 4........................  42[deg]30'           69[deg]30'
CCGOM 5........................  41[deg]30'           69[deg]30'
CCGOM 6........................  41[deg]30'           69[deg]00'
CCGOM 7........................  41[deg]00'           69[deg]00'
CCGOM 8........................  41[deg]00'           69[deg]30'
CCGOM 5........................  41[deg]30'           69[deg]30'
CCGOM 9........................  41[deg]30'           70[deg]00'
CCGOM 10.......................  (\2\)                70[deg]00'
CCGOM 11.......................  42[deg]00'           70[deg]00'
CCGOM 12.......................  42[deg]00'           (\3\)
CCGOM 13.......................  42[deg]00'           (\4\)
CCGOM 14.......................  42[deg]00'           (\5\)
------------------------------------------------------------------------
\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) [Reserved]
    (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]10'           69[deg]30'
SNEMA6.........................  41[deg]10'           69[deg]50'
SNEMA7.........................  41[deg]20'           69[deg]50'
SNEMA8.........................  41[deg]20'           (\1\)
SNEMA9.........................  (\2\)                70[deg]00'
SNEMA10........................  41[deg]00'           70[deg]00'
SNEMA11........................  41[deg]00'           70[deg]30'
SNEMA12........................  (\3\)                70[deg]30'
SNEMA13........................  (\4\)                72[deg]00'
SNEMA14........................  (\5\)                72[deg]00'
SNEMA15........................  (\6\)                73[deg]00'
SNEMA16........................  40[deg]30'           73[deg]00'
SNEMA17........................  40[deg]30'           74[deg]00'
SNEMA1.........................  40[deg]00'           74[deg]00'
------------------------------------------------------------------------
\1\ East-facing shoreline of Nantucket, MA.
\2\ South-facing shoreline of Nantucket, MA.
\3\ Intersection of the south-facing shoreline of Cape Cod, MA.
\4\ South-facing shoreline of CT.
\5\ North-facing shoreline of Long Island, NY.
\6\ South-facing shoreline of Long Island, NY.

    (F)-(I) [Reserved]
    (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

[[Page 18335]]

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.
* * * * *
    (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 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: BiomassYEAR X = (1,130 mt live weight) x (Projected WGB 
Haddock ExploitableBiomassYEAR X/WGB Haddock Exploitable Biomass2004). 
The size of the western component of the stock is considered to be 35 
percent of the total stock size, unless modified by a stock assessment. 
The 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

[[Page 18336]]

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 
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; 
statistical area fished; and the total pounds of cod, haddock, 
yellowtail flounder, winter flounder, witch flounder, pollock, American 
plaice, redfish, Atlantic halibut, 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.

[[Page 18337]]

    (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) Unless otherwise specified in this paragraph (b)(8)(v)(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). A vessel 
on a sector trip in the Eastern U.S./Canada Haddock SAP is not 
restricted to only using the haddock separator trawl or the Ruhle 
trawl, but may use any gear authorized in paragraph (a)(3)(iii) of this 
section, unless otherwise restricted by a sector operations plan 
approved pursuant to Sec.  648.87(c). 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 (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.
* * * * *
    (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, 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).

0
13. In Sec.  648.86, revise the introductory text to this section; 
revise paragraphs (a)(2)(iii), (b)(2) through (4), (e), (g), and (j); 
and add paragraphs (l), and (m) to read as follows:


Sec.  648.86  NE Multispecies possession restrictions.

    Except as provided in Sec.  648.17 or elsewhere in this part, the 
following possession restrictions apply:
    (a) * * *
    (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) * * *
    (2) GB cod landing and maximum possession limits. Unless otherwise 
restricted under Sec.  648.85, a vessel

[[Page 18338]]

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)).
    (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.
* * * * *
    (l) Ocean pout, windowpane 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).
    (m) Additional possession restrictions--
    (1) [Reserved]
    (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.

0
14. 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.

[[Page 18339]]

    (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 
exercises 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 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

[[Page 18340]]

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 
on a sector trip 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, after considering all 
ACE transfer requests ultimately approved by NMFS during the current 
fishing year, pursuant to paragraph (b)(1)(viii) of this section, 
unless otherwise specified pursuant to Sec.  648.90(a)(5).
    (A-F) [Reserved]
    (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. 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.

[[Page 18341]]

    (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 on a sector trip 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 on a 
sector trip 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).
    (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 or other measures specified in an 
approved sector operations plan, vessel 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 and the conditions of the sector operations 
plan, sector contract, or any other binding agreements among 
participating sector vessels 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 consistent with sector rules shall not be eligible to fish 
in another sector or under the NE multispecies regulations for common 
pool vessels specified in this part for the remainder of that fishing 
year. For the purposes of this paragraph, ``permit/vessel'' refers to 
the fishing and landings history associated with a particular permit/
vessel enrolled in a specific sector at the start of the fishing year 
that was used to calculate the PSC for that permit/vessel and 
contribute to the ACE for each stock allocated to that specific sector.
    (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 the 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 landed 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

[[Page 18342]]

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 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, provide 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

[[Page 18343]]

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. 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).
    (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.
    (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

[[Page 18344]]

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 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 provide must establish and carry out a comprehensive 
plan to deploy NMFS-certified dockside, roving, and/or at-sea monitors, 
or other

[[Page 18345]]

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 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,

[[Page 18346]]

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 prior to departing port at the beginning of each trip 
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 date and time of 
arrival to port. Trip-start hail reports by vessels operating less than 
6 hours or within 6 hours of port must also include estimated date and 
time of offload. 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 the first dealer/
facility where the vessel intends to offload catch and the port/harbor, 
and state for the second dealer/facility where the vessel intends to 
offload catch; estimated date/time of arrival; estimated date/time of 
offload; estimated total amount of regulated species on board (in 
pounds, landed weight); and estimated total amount of all other species 
retained (in pounds, landed weight), including species managed by other 
FMPs, 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 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 email 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 email) 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

[[Page 18347]]

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 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) 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, email, 
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

[[Page 18348]]

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.  648.81(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 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.

0
15. 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)).
* * * * *

0
16. In Sec.  648.89, revise the heading of paragraph (c); revise 
paragraphs (a), (b)(1), (b)(4), (c)(1)(v), and (c)(2)(v); and add 
paragraphs (c)(6), (c)(7), 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

[[Page 18349]]

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.
* * * * *
    (6) 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.
    (7) SNE/MA winter flounder. Private recreational and charter/party 
vessels fishing in the SNE/MA winter flounder stock area, as defined in 
Sec.  648.85(b)(6)(v)(F), may not fish for, possess, or land winter 
flounder. Recreational vessels in possession of winter flounder caught 
outside of the SNE/MA winter flounder may transit this area, provided 
all bait and hooks are removed from all fishing rods, and any winter 
flounder on board has been stored.
* * * * *
    (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 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.

0
17. In Sec.  648.90, revise the introductory text for this section; 
revise paragraphs (a)(2)(i) through (iv), (a)(2)(vi), and (c)(1)(i); 
add introductory text to paragraph (a); 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,

[[Page 18350]]

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, the allowable percent of ACL 
available to a sector through a sector allocation, and the calculation 
of PSCs; 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 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

[[Page 18351]]

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 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

[[Page 18352]]

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 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

[[Page 18353]]

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 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 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. 2010-7233 Filed 3-31-10; 4:15 pm]
BILLING CODE 3510-22-P