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Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Proposed Rules]
[Page 44139-44166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-36]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 020409080-2155-04; I.D. 061402D]
RIN 0648-AP78
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed interim rule; request for comments.
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SUMMARY: NMFS proposes an interim rule under section 305(c) of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) to implement additional interim measures intended to
reduce overfishing on species managed under the Northeast Multispecies
Fishery Management Plan (FMP). This rule proposes additional
restrictions specified in the Settlement Agreement Among Certain
Parties (``Settlement Agreement''), which was ordered to be implemented
by the U.S. District Court for the District of Columbia (Court) in a
Remedial Order issued on May 23, 2002. The additional measures include
the following: A freeze on days-at-sea (DAS) at the highest annual
level used from fishing years 1996-2000 (beginning May 1, 1996 through
April 30, 2001) and a 20-percent cut from that level; a freeze on the
issuance of new open access Hand-gear permits, and a decreased cod,
haddock, and yellowtail flounder possession limit for that category;
increased gear restrictions for certain gear types, including gillnets,
hook-gear and trawl nets; restrictions on yellowtail flounder catch;
and mandated observer coverage levels for all gear sectors in the
Northeast (NE) multispecies fishery. This rule also proposes to
continue many of the measures contained in an earlier interim final
rule that was published on April 29, 2002, for this fishery. This
action is necessary to bring the regulations governing the (NE)
multispecies (groundfish) fishery into compliance with the Settlement
Agreement Among Certain Parties (Settlement Agreement) and the Court's
Remedial Order.
DATES: Comments on this proposed interim rule must be received no later
than 5 p.m., local time, on July 16, 2002.
ADDRESSES: Written comments on the proposed rule should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of
the envelope, ``Comments on the August Proposed Interim Rule for
Groundfish.'' Comments also may be sent via facsimile (fax) to (978)
281-9135. Comments will not be accepted if submitted via e-mail or
Internet.
Written comments regarding the approved collection-of-information
requirements should be sent to the Regional Administrator and to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Washington, DC 20503 (Attn: NOAA Desk Officer).
Copes of the rule, including the Environmental Assessment/
Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/
RIR/IRFA) are available upon request from the Regional Administrator.
The EA/RIR/IRFA is also accessible via the Internet at http://
www.nero.nmfs.gov. 
FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst,
phone: 978-281-9347, fax: 978-281-9135; e-mail: thomas.warren@noaa.gov
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2001, a decision was rendered by the Court on a
lawsuit brought by the Conservation Law Foundation (CLF), Center for
Marine Conservation, National Audubon Society and Natural Resources
Defense Council against NMFS (Conservation Law Foundation, et al., v.
Evans, Case No. 00CVO1134, (D.D.C., December 28, 2001)). The lawsuit
alleged that Framework Adjustment 33 to the FMP violated the
overfishing, rebuilding and bycatch provisions of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) (16
U.S.C. 1801, et seq.), as amended by the Sustainable Fisheries Act
(SFA). The Court granted Plaintiffs' Motion for Summary Judgment on all
counts, but did not impose a remedy. Instead, the Court asked the
parties to the lawsuit to propose remedies consistent with the Court's
findings. Shortly thereafter, several additional parties were allowed
to intervene in the lawsuit for purposes of proposing the appropriate
remedy. These parties (``Intervenors'') included the States of Maine,
New Hampshire, Massachusetts, and Rhode Island, and three industry
groups. Additional background on the lawsuit is contained in the
preamble to the interim rules published by NMFS on April 29, 2002 (67
FR 21140), May 6, 2002 (67 FR 30331), and June 5, 2002 (67 FR 38608),
and is not repeated here.
From April 5-9, 2002, Plaintiffs, Defendants and Intervenors
engaged in Court-sponsored mediation to try to agree upon mutually
acceptable short-term and long-term solutions to present to the Court
as an appropriate remedy. Although these discussions ended with no
agreement, several of the parties continued mediation and filed a
Settlement Agreement with the Court on April 16, 2002. In addition to
NMFS, the parties signing the agreement include CLF, which is one of
the Plaintiff conservation groups, all four state Intervenors, and two
of three industry Intervenors.
In order to ensure the implementation of protective management
measures by May 1, 2002, NMFS, notwithstanding that the Court had not
yet issued its Remedial Order, filed an interim final rule with the
Office of the Federal Register on April 25, 2002, for publication on
April 29, 2002. The interim final rule that was published on April 29,
2002, implemented measures identical to the short-term measures
contained in the Settlement Agreement filed with the Court.
On April 26, 2002, the Court issued a Remedial Order that ordered
the promulgation of two specific sets of management measures--one to be
effective from May 1, 2002, to July 31, 2002, and the other from August
1, 2002, until promulgation of Amendment 13 to the FMP. The Court-
ordered measures for the first set of measures were, in the majority,
identical with those contained in the Settlement Agreement and the
measures contained in NMFS' April 29, 2002, interim final rule.
However, the Court-ordered measures included additional provisions and
an accelerated schedule of effectiveness for all measures, which were
not contained in either the Settlement Agreement or the April 29, 2002,
interim final rule. According to the Court, these additional provisions
were included to strengthen the Settlement Agreement provisions ``in
terms of reducing overfishing and minimizing bycatch without risking
the lives of fishermen or endangering the future of their communities
and their way of life.'' Remedial Order, p.13. Further, the Court
ordered that NMFS publish in the Federal Register, as quickly as
possible, an ``amended interim rule and an amended second interim
rule'' that would ``include the departures from the Settlement
[[Page 44140]]
Agreement incorporated in the Remedial Order.'' To comply with the
Court Order, NMFS published a second interim final rule (``amended
interim rule'') to modify the measures implemented through the April
29, 2002, interim final rule and to accelerate the effectiveness of the
gear restrictions, as required by the Remedial Order. Because the
Court's Remedial Order was not entirely consistent with the terms of
the Settlement Agreement, NMFS, CLF, and the Intervenors filed motions
for reconsideration with the Court, requesting that the Court implement
the terms of the Settlement Agreement without change.
On May 23, 2002, the Court issued an Order, in the case of
Conservation Law Foundation, et al., v. Evans et al (Case No. 001134
GK)(D.D.C. May 23, 2002) granting the motions for reconsideration on
the basis that ``the important changes made by the Court in the complex
and carefully crafted Settlement Agreement Among Certain Parties * * *
would produce unintended consequences.'' The Court ordered that the
Settlement Agreement be implemented according to its terms; that the
Secretary of Commerce (Secretary) publish an interim rule, effective no
later than June 1, 2002, to reduce overfishing in the first quarter of
the 2002-2003 fishing year; that the Secretary publish another interim
rule to be effective no later than August 1, 2002, to reduce
overfishing beginning with the second quarter of the 2002-2003 fishing
year, and continuing until implementation of Amendment 13 to the FMP,
which complies with the overfishing, rebuilding, and bycatch provisions
of the SFA; and that, no later than August 22, 2003, the Secretary
promulgate such an amendment to the FMP.
In response to the May 23, 2002, Court Order, on May 31, 2002, NMFS
filed an interim rule with the Federal Register (67 FR 38608, June 5,
2002) that implemented regulations for the June 1 through July 31,
2002, period, consistent with the Settlement Agreement. This proposed
interim rule would implement management measures for the period August
1, 2002, through the implementation of Amendment 13, in accordance with
the Settlement Agreement and the Remedial Order. Amendment 13, which
will bring the FMP into full compliance with the SFA, is under
development by NMFS and the New England Fishery Management Council
(Council) and is intended to be implemented by August 22, 2003. This
proposed rule is being proposed as an interim action necessary to
reduce overfishing consistent with and pursuant to section 305(c) of
the Magnuson-Stevens Act, while Amendment 13 is being developed.
Management Measures
All measures that were in effect prior to May 1, 2002, and not
amended by this proposed interim rule, remain in effect as of August 1,
2002. These measures, therefore, are not discussed specifically in the
description that follows. The following management measures are
proposed to be implemented on August 1, 2002. These measures are
designed to reduce overfishing on all ``regulated species'' managed
under the FMP.
New Regulated Mesh Areas
This interim action would redefine and divide the Gulf of Maine/
Georges Bank (GOM/GB) Regulated Mesh Area (RMA) into two areas: The GOM
RMA, which is the area north of the GOM cod exemption line currently
used to define the areas where the GOM cod and GB cod trip limits
apply; and the GB RMA, which is that part of the current GOM/GB RMA
that lies south of the GOM cod exemption line and continues south to
the EEZ for the areas lying east of 69 deg.00' W. long. The Southern
New England (SNE) and Mid-Atlantic (MA) RMAs would also be redefined.
The SNE RMA would be defined as the area that lies west of the GB RMA
and east of a line beginning at the intersection of 74 deg.00' W. long.
and the south-facing shoreline of Long island, NY, and running
southward along the 74 deg.00' W. long. line. The MA RMA would be
defined as the area west of the SNE RMA. Specific management measures
would apply, depending on the area fished. For the purposes of the
exempted fishery programs already implemented under the FMP, the GOM/GB
and SNE RMAs, as defined under Amendment 7, would remain in effect and
would be referred to as Exemption Areas.
DAS Freeze
This measure proposes to establish a new DAS baseline, or ``used
DAS baseline,'' for each vessel, based on the permit history of that
vessel. The used DAS baseline for a limited access permit would be
calculated based on the highest number of DAS that a vessel(s) fished
during a single fishing year using the 1996 through 2000 fishing years,
beginning May 1, 1996, through April 30, 2001, not to exceed the
vessel's current DAS allocation in any given year. For vessels where
the calculation of the baseline DAS would result in a net amount of DAS
less than 10, the vessel would be allocated a used DAS baseline of 10
DAS. For the majority of limited access vessels, the used DAS baseline
would be determined by the number of DAS called-in to the NE
multispecies DAS program during the May 1, 1996, through April 30,
2001, period. For vessels fishing with a NMFS-approved Vessel
Monitoring System (VMS), NE multispecies DAS for each trip would be
determined based on when the first hourly location signal was received
showing that the vessel crossed the VMS Demarcation Line leaving port,
until the first hourly location signal was received showing that the
vessel crossed the VMS Demarcation Line upon its return to port, unless
the vessel's authorized representative declared the vessel out of the
NE multispecies fishery for a specific time period by notifying the
Regional Administrator, Northeast Regional Office, NMFS (RA) through
the VMS prior to the vessel leaving port. Because some NE multispecies
limited access vessels that are currently required to fish under the NE
multispecies DAS program were exempt from the DAS requirements prior to
July 1, 1996, the implementation date of Amendment 7 (61 FR 2270, May
31, 1996); i.e., vessels in the 45-ft (13.7-m)-and-less, Hook-Gear and
Gillnet permit categories; NE multispecies DAS for these vessels during
the period May 1, 1996, through June 30, 1996, would be determined
based on information derived from the Vessel Trip Reports (VTRs),
provided that the VTRs were submitted to NMFS prior to April 9, 2002.
The procedure for determining a vessel's used DAS baseline would be the
same for vessels that currently possess a Confirmation of Permit
History. Vessels that have a valid NE multispecies limited access Small
Vessel category permit (vessels 30 ft (9.1 m) or less in length
overall) would remain exempt from the NE multispecies DAS restrictions.
As noted above, the used DAS baseline would be calculated based
upon historic DAS use associated with the currently valid limited
access permit. The DAS associated with a particular permit history may
not equal the DAS associated with a particular vessel because vessels
may be replaced and the permits transferred from one vessel to another.
NMFS will notify vessel owners in writing of their NE multispecies used
DAS baselines. A vessel's used DAS baseline may be appealed to the
Regional Administrator by August 31, 2002. The request to appeal must
be in writing and provide credible evidence that the information used
by the Regional Administrator in making the determination of the
vessel's used DAS baseline was based on
[[Page 44141]]
mistaken or incorrect data. The decision on appeal shall be determined
solely on the basis of written information submitted, unless the
Regional Administrator specifies otherwise. The Regional
Administrator's decision on appeal is the final decision of the
Department of Commerce.
DAS Effort Reduction
This measure would reduce the vessel's baseline level of used DAS,
calculated as described above, by 20 percent. This measure would be
specific to the 2002 fishing year, beginning May 1, 2002, through April
30, 2003, and for the 2003 fishing year, beginning May 1, 2003, until
implementation of Amendment 13 to the FMP. For the 2002 fishing year,
NE multispecies DAS that were fished by a vessel during the period May
1 through July 31, 2002, would be deducted from that vessel's total
allocated DAS. That is, each vessel's DAS allocation for August 1,
2002, through April 30, 2003, would be equal to that vessel's used DAS
baseline, minus 20 percent of that vessel's used DAS baseline, minus
the DAS that vessel fished during May through July, 2002. During the
period May 1 through July 31, 2002, all NE multispecies DAS vessels are
subject to a minimum of 15 hours for each NE multispecies DAS trip that
exceeded 3 hours. For the purposes of determining NE multispecies DAS
used during the period May through July, 2002, DAS would be counted
based on the 15-hour minimum restriction for day gillnet vessels only.
DAS for all other vessels fishing under a NE multispecies DAS during
May through July, 2002, would be counted as actual time.
Vessels for which the amount of NE multispecies DAS available for
use as of August 1, 2002, would be less than or equal to the DAS fished
during the May through July 2002, period, the vessel would be left with
zero NE multispecies DAS for the remainder of the fishing year, unless
the vessel had carry-over DAS from the previous fishing year (see
description below of how carry-over DAS would apply).
Vessels that have a monkfish Category C or D permit (i.e., vessels
that possess both a monkfish and a limited access NE multispecies DAS
permit) must run both their monkfish DAS clock and the NE multispecies
DAS clock concurrently when fishing under a monkfish DAS. Limited
access monkfish permit holders are allocated 40 monkfish DAS (under the
monkfish FMP). Under the proposed measure, vessels for which the NE
multispecies DAS reduction would result in the vessel having more
monkfish DAS allocated than NE multispecies DAS, such vessels could
still fish under a monkfish DAS when NE multispecies DAS are no longer
available, but would then be required to fish under the provisions of a
monkfish Category A or B vessel, i.e., limited access monkfish vessels
that do not possess a limited access NE multispecies permit. For
example, if a monkfish category D vessel's NE multispecies DAS
allocation were 30, and the vessel fished 30 monkfish DAS, 30 NE
multispecies DAS would also be used. However, after all 30 NE
multispecies DAS were used, the vessel could utilize its remaining 10
monkfish DAS to fish on monkfish, without a NE multispecies DAS being
used, provided that the vessel fishes under the regulations pertaining
to a category B vessel and does not retain any regulated multispecies.
DAS Carry-Over From Fishing Year 2001
Under measures promulgated through a previous NE multispecies
interim final rule (67 FR 21140, April 29, 2002), effective May 1,
2002, through July 31, 2002, a vessel is allowed to use no more than 25
percent of its annual NE multispecies DAS allocation during May-July,
2002. However, because carry-over DAS are not considered part of a
vessel's allocated DAS, carry-over DAS from the previous fishing year
are not allowed to be used when determining the 25-percent of DAS that
can be used during the May-July, 2002, period; consequently, carry-over
DAS are not allowed to be fished during that period. Under this
proposed interim rule, vessels would be allowed to fish any carry-over
DAS from the 2001 fishing year beginning August 1, 2002, through April
30, 2003. These carry-over DAS would be in addition to the vessel's
2002 NE multispecies DAS allocation and would, therefore, be factored
into that vessel's total NE multispecies DAS available for the 2002
fishing year, after the 20-percent DAS reduction and after the DAS
fished during the May-July period are deducted from that vessel's used
DAS baseline. For example, if a vessel's used DAS baseline is 50 DAS
and it has carry-over DAS from fishing year 2001, its total DAS for the
fishing year would equal: 50 DAS - 20 percent of used DAS baseline (10
DAS)--DAS fished during May-July 2002 + carry-over DAS from fishing
year 2001. If the vessel fished 22 DAS during May-July and had 10
carry-over DAS from fishing year 2001, under this example the vessel
would be allowed to fish up to 28 DAS during the period August 1, 2002,
through April 30, 2003 (50 DAS - 10 DAS - 22 DAS + 10 DAS = 28 DAS).
Freeze on Issuance of New Handgear Permits
Under this proposed interim rule, vessels that have never been
issued an open access NE multispecies Handgear permit, or that have not
applied for an open access Handgear permit by August 1, 2002, would be
prohibited from obtaining a Handgear permit for the duration of this
action.
Prohibition on Front-Loading the DAS Clock
NE multispecies regulations prior to May 1, 2002, require that, at
the end of a vessel's trip, upon its return to port, the vessel owner
or owner's representative must call NMFS to notify NMFS that the trip
has ended, thus ending a DAS. However, there is no restriction on when
a vessel can start its DAS clock. Consequently, some vessel owners
start their DAS clock well in advance of the actual departure of the
vessel, a practice known as ``front-loading.'' Front-loading is
prohibited through July 31, 2002, as a result of the interim rule
published April 29, 2002; this proposed interim rule would continue
that prohibition for the duration of this action.
Under this proposed measure, a vessel owner or authorized
representative would be required to notify NMFS no earlier than 1 hour
prior to the vessel leaving port to fish under the NE multispecies DAS
program. A DAS would begin once the call has been received and a
confirmation number is given. This measure would apply in all
management areas.
Closed Area Additions/Modifications
This measure would implement additional seasonal and year-round
area closures. Specifically, this action proposes to continue, in its
current configuration, the closure of the Western Gulf of Maine (WGOM)
Area Closure. This action would also expand Rolling Closure Area III by
closing area blocks 124 and 125 for the month of May, 2003, and expand
Rolling Closure Area IV by closing area blocks 132 and 133 for the
month of June, 2003. This action would further expand the Bank Seasonal
Closure Area by closing blocks 80 and 81 and the portion of blocks 118-
120 that are south of 42 deg.20' N. lat. during the month of May, 2003.
Additionally, the Cashes Ledge Closure Area, in its original
configuration, would be closed for the duration of the interim final
rule.
Exemptions to the current GOM rolling closure areas would remain
the
[[Page 44142]]
same for the expanded rolling closures and the expanded GB Seasonal
Closure Area that would be implemented by this proposed interim rule.
All of the current exemptions are proposed to apply to the WGOM and
Cashes Ledge Closure Areas, with the following exceptions: Vessels are
prohibited from fishing with scallop dredge gear or fishing in the
Raised Footrope Trawl Exempted Whiting Fishery.
Finally, this interim action would open an inshore area from
January through March, which corresponds to area blocks 124 and 125, by
eliminating the groundfish January Massachusetts Bay-Stellwagen Bank
Conditional Closure Area and the February Rolling Closure Area VI, and
by eliminating blocks 124 and 125 from the March Rolling Closure Area
I. All other closure areas would remain unchanged. Charts of the
proposed closure areas are available from the Regional Administrator
upon request (see ADDRESSES).
Gear Restrictions
Trawl Vessels When Fishing in the GOM, GB, and Mid-Atlantic RMAs
Under this proposed interim rule, vessels fishing with otter trawl
gear, and fishing any part of a NE multispecies DAS in the GOM, GB, or
Mid-Atlantic RMAs, would be required to fish with a minimum 6.5-inch
(16.5-cm) diamond or square mesh codend. This requirement applies only
to the codend of the net; the minimum mesh-size for the remaining
portion of the net would remain unchanged, i.e., 6.0-inch (15.2-cm)
diamond mesh or 6.5-inch (16.5-cm) square mesh, or any combination
thereof, throughout the remaining portion of the net. Trawl vessels
that currently fish with 6.5-inch (16.5-cm) square mesh throughout the
entire net would not be subject to mesh changes under the proposed
interim rule. For vessels fishing with a 6.5-inch (16.5-cm) diamond
mesh codend, or for vessels fishing with a 6.5-inch (16.5-cm) square
mesh codend and a combination of square mesh and diamond mesh
throughout the remaining portions of the net, the codend would be
defined as follows: 25 meshes for diamond mesh, or 50 bars in the case
of square mesh, from the terminus of the net for vessels 45 ft (13.7 m)
in length and less; and 50 meshes for diamond mesh, or 100 bars in the
case of square mesh, from the terminus of the net for vessels greater
than 45 ft (13.7 m) in length.
Trawl Vessels When Fishing in the SNE RMA
Under this proposed interim rule, when fishing any part of a NE
multispecies DAS in the SNE RMA, otter trawl vessels would be required
to fish with a minimum 7.0-inch (17.8-cm) diamond or 6.5-inch (16.5-cm)
square mesh codend. This requirement would apply only to the codend of
the net; the minimum mesh-size for the remaining portion of the net
would remain unchanged, i.e., 6.0-inch (15.2-cm) diamond mesh or 6.5-
inch (16.5-cm) square mesh, or any combination thereof, throughout the
remaining portion of the net. As in the GOM and GB RMAs, trawl vessels
that currently fish with 6.5-inch (16.5-cm) square mesh throughout the
entire net would not be subject to mesh changes under this rule. For
vessels fishing with a 7.0-inch (17.8-cm) diamond mesh codend, or for
vessels fishing with a 6.5-inch (16.5-cm) square mesh codend and a
combination of square mesh and diamond mesh throughout the remaining
portions of the net, the codend would be defined as described above
under the GOM and GB trawl mesh restrictions.
Gillnet Vessels When Fishing in the GOM RMA
Under this proposed interim rule, limited access NE multispecies
vessels that fish under a NE multispecies DAS with gillnet gear in the
GOM RMA at any time throughout the fishing year would be required to
declare into the Day or Trip gillnet category. Vessels that obtain an
annual designation as a Trip gillnet vessel, when fishing in the GOM
RMA during any part of a trip under a NE multispecies DAS, would be
required to fish with nets with a minimum of 6.5-inch (16.5-cm) mesh
and would be restricted to 150 nets, with one tag fixed to each net.
Multispecies vessels that obtain an annual designation as a Day gillnet
vessel would be allowed to fish up to 100 nets, provided that, when
fishing any part of a trip under a NE multispecies DAS in the GOM RMA,
the vessel complies with the following specifications: When fishing
with flatfish nets, vessels could fish no more than 100 nets, with a
minimum mesh size of 7 inches (17.8 cm), with one tag affixed to each
net; and when fishing with roundfish nets, vessels would be restricted
to fishing during July through February of each fishing year only, and
would be allowed to fish no more than 50 nets with a minimum mesh size
of 6.5 inches (16.5 cm) and with two tags affixed to each net. Any tag
not affixed to a net would have to be retained on the vessel and be
immediately available for inspection.
Gillnet Vessels When Fishing in the GB RMA
Under this proposed interim rule, limited access NE multispecies
vessels that fish under a NE multispecies DAS with gillnet gear in the
GB RMA at any time throughout the fishing year would be required to
declare into the Day or Trip gillnet category. Vessels fishing under
either the Day or Trip gillnet category in the GB RMA during any part
of a trip under a NE multispecies DAS, would be required to fish with
nets with a minimum of 6.5-inch (16.5-cm) mesh and would be restricted
from fishing more than 50 nets, with two tags fixed to each net.
Gillnet Vessels When Fishing in the SNE RMA
Under this proposed interim rule, limited access NE multispecies
vessels that fish under a NE multispecies DAS with gillnet gear in the
SNE RMA at any time throughout the fishing year would be required to
declare into the Day or Trip gillnet category. Vessels fishing under
either the Day or Trip gillnet category in the SNE RMA during any part
of a trip under a NE multispecies DAS, would be required to fish with
nets with a minimum of 6.5-inch (16.5-cm) mesh and would be restricted
from fishing more than 75 nets, with two tags fixed to each net.
Gillnet Vessels When Fishing in the Mid-Atlantic RMA
The minimum mesh size restrictions and number of nets required for
gillnet vessels when fishing in the Mid-Atlantic RMA under a NE
multispecies DAS would remain unchanged. That is, vessels would be
allowed to continue to fish up to 160 nets. This net restriction is
different than the net restriction of 150 nets, as in the Settlement
Agreement and Court order, for vessels fishing under the monkfish DAS
program.
Gillnet Vessels When Fishing Under a Monkfish DAS
Under this proposed interim rule, monkfish vessels that have a
monkfish limited access Category C or D permit (i.e., vessels that
possess both a monkfish and NE multispecies limited access permit) and
that are fishing under a monkfish DAS in all areas would be restricted
from fishing more than 150 nets, provided the vessel fishes with nets
with a minimum mesh size of 10 inches (25.4 cm). Vessels would be
required to affix one tag to each net.
[[Page 44143]]
Category A and B monkfish vessels would be unaffected by the proposed
measures.
Large-Mesh Vessel Permit Categories
Under this proposed interim rule, vessels that have a valid limited
access NE multispecies Large Mesh Individual DAS category or a Large
Mesh Fleet DAS category permit would be required to fish with nets with
mesh that is 2.0 inches (5.1-cm) larger than the current regulated mesh
size when fishing under the NE multispecies DAS program. That is, when
fishing in the GOM, GB, and SNE RMAs, vessels fishing with trawl nets
or sink gillnets would be required to fish with nets with a minimum
mesh size of 8.5-inch (21.6-cm) diamond or square mesh throughout the
entire net. Vessels fishing with trawl nets or sink gillnets when
fishing in the Mid-Atlantic RMA would be required to fish with nets
with a minimum mesh size of 7.5-inch (19.0-cm) diamond or 8.0-inch
(20.3-cm) square mesh throughout the entire net.
Hook-Gear Vessels
Under this proposed interim rule, vessels that have a valid NE
multispecies limited access Hook-Gear permit would be prohibited from
using de-hookers (crucifiers) with less than 6-inch (15.2-cm) spacing
between the fairlead rollers. Hook-Gear permitted vessels that are
fishing any part of a NE multispecies DAS trip in the GOM, GB or SNE
RMAs would be required to use 12/0 or larger circle hooks. In addition,
Hook-Gear vessels that are fishing any part of a DAS trip in the GOM,
GB and SNE RMAs would be subject to a maximum number of rigged hooks on
board the vessel. Specifically, vessels fishing in the GOM or SNE RMAs
would be restricted from possessing more than 2,000 rigged hooks, and
vessels fishing in the GB RMA would be restricted from possessing more
than 3,600 rigged hooks.
Table 1 summarizes the gear restriction measures for each gear
sector when fishing in the various RMAs.
BILLING CODE 3510-22-P
[[Page 44144]]
[GRAPHIC]
[TIFF OMITTED]
TP01JY02.056
BILLING CODE 3510-22-C
Cod Minimum Fish Size (Commercial Vessels)
Under this proposed interim rule, the minimum size for cod that may
be lawfully sold would be 22 inches (55.9 cm)(total length).
NE Multispecies Possession Restrictions
Yellowtail Flounder
This proposed interim rule would require enrollment in one of two
exemption programs for any possession of yellowtail flounder and
implement restrictions on the harvest of yellowtail flounder when
fishing west or south of the GB RMA. During the period March 1 through
May 31, all vessels would be subject to a possession and landing limit
of 250 lb (113.4 kg) of yellowtail flounder per trip when fishing any
part of a trip in the SNE RMA north of 40 deg.00' N. lat. In addition,
during the period June 1 through February 28, all vessels
[[Page 44145]]
would be subject to a possession and landing limit of 750 lb (340.3 kg)
of yellowtail flounder per day, and a maximum trip limit of 3,000 lb
(1,361.2 kg) per trip when fishing any part of trip in the SNE RMA
north of 40 deg.00' N. lat. Vessels fishing for yellowtail flounder in
the SNE RMA north of 40 deg.00' N. lat. would be allowed to possess and
land up to the seasonal yellowtail allowable limits, provided the
vessel does not fish south of 40 deg.00' N. lat. and has on board a SNE
yellowtail flounder exemption certificate issued by the RA. Under this
proposed interim rule, all vessels would be prohibited from possessing
yellowtail flounder in the MA or SNE RMAs unless fishing north of
40 deg.00' N. lat., or unless the vessel is transiting areas south of
40 deg.00' N. lat. and all fishing gear on board the vessel is properly
stowed according to the regulations. Vessels fishing east or north of
the SNE RMA would not be subject to the yellowtail flounder possession
limit restrictions, provided that the vessel does not fish west of the
GB RMA, and posseses on board a GOM/GB yellowtail flounder exemption
certificate issued by the RA. Vessels exempt from the yellowtail
possession limit requirements could transit areas outside of the
specific exempted area that they are fishing, provided that their gear
is stowed in accordance with one of the provisions of Sec. 648.23(b).
Handgear Permitted Vessels
Under this proposed interim action, the cod, haddock and yellowtail
flounder possession limit for vessels that have been issued a valid
open access Handgear permit would be reduced to 200 lb (90.7 kg),
combined, per trip.
GB Cod Trip Limit Modification
This action would modify how the DAS clock would accrue for those
vessels fishing in the GB RMA and harvesting GB cod. The GB cod trip
limit would be maintained at 2,000 lb (907.2 kg) per DAS, up to a
maximum possession limit of 20,000 lb (9,071.8 kg) per trip. A vessel
subject to this landing limit restriction would come into port with,
and offload, cod in excess of the landing limit, as determined by the
number of DAS elapsed since the vessel called into the DAS program,
provided that the vessel operator does not call out of the DAS program
and does not depart from a dock or mooring in port until the rest of
the additional 24-hr block of the DAS has elapsed, regardless of
whether all of the cod on board is offloaded. For example, a vessel
that has been called into the DAS program for 25 hr, at the time of
landing, may land only up to 4,000 lb (1,814.8 kg) of cod, provided the
vessel does not call out of the DAS program or leave port until 48 hr
have elapsed from the beginning of the trip. This modification is
consistent with the GOM cod trip limit provisions in the NE
multispecies regulations. A vessel that would be required to remain in
port for the time that it must run its DAS clock could transit to
another port during that time, provided the operator notifies the
Regional Administrator according to provisions specified in
Sec. 648.86(b)(3).
GOM Cod
This action would increase the daily possession limit for GOM cod
from 400 lb (181.8 kg) per DAS to 500 lb (227.3 kg) per DAS. The
maximum possession limit would remain at 4,000 lb (1,818.2 kg) per
trip.
Recreational and Charter/Party Vessel Restrictions
Under this action, the minimum size for cod and haddock that may be
retained by a federally permitted charter/party vessel not on a DAS, or
a private recreational vessel not holding a Federal permit and fishing
in the EEZ, would be 23 inches (58.4 cm) total length.
This action would implement a cod and haddock bag (possession)
limit for the charter/party recreational fishing sector when a vessel
is fishing in the GOM RMA and not under a DAS. During the period April
through November, each person on a charter/party vessel not under a DAS
would be allowed to possess no more than 10 cod or haddock, combined,
per trip. For each trip during the period December through March, each
person on a charter/party vessel not under a DAS would be allowed to
possess no more than 10 cod or haddock combined, no more than 5 of
which could be cod. This action would further restrict the cod
possession limit for private recreational vessels by requiring that,
when fishing in the GOM RMA during the period December through March,
each person on a recreational vessel would be allowed to possess no
more than 10 cod or haddock combined, no more than 5 of which could be
cod. Cod and haddock harvested by recreational vessels with more than
one person aboard could be pooled in one or more containers. Compliance
with the possession limit would be determined by dividing the number of
fish on board by the number of persons on board.
For a vessel that intends to charter/party fish in the GOM closed
areas, this proposed interim rule would require that the vessel possess
on board a letter of authorization (LOA) issued by the RA. This LOA
would be required for the entire fishing year if the vessel intends to
fish in the year-round GOM closure areas, and for a minimum of 3 months
if the vessel intends to fish in the seasonal GOM closure areas.
Vessels could obtain an LOA by calling the NMFS Permit Office at 978-
281-9370.
All other existing recreational measures remain unchanged,
including the no-sale provision for all fish caught for both the party/
charter and private recreational sectors when not fishing under a NE
multispecies DAS. Table 2 summarizes the party/charter and private
recreational sector measures.
Table 2.--Charter/Party and Private Recreational Fishing Measures
----------------------------------------------------------------------------------------------------------------
Minimum fish
size, inches GOM closure exemption
cod & haddock Bag limit (combined) authorization
\1\
----------------------------------------------------------------------------------------------------------------
Charter/party not on a DAS............ 23 April-November: 10 cod/haddock A minimum of 3 months,
\2\. or duration of closure.
December-March: 10 cod/
haddock, no more than 5 which
can be cod \2\.
Private Recreational.................. 23 Areas outside of GOM RMA: 10 N/A
cod/haddock.
GOM RMA: 10 cod/haddock, no
more than 5 which can be cod,
Dec.-Mar..
----------------------------------------------------------------------------------------------------------------
\1\ All other minimum fish sizes remain unchanged.
\2\ When fishing in the GOM RMA.
[[Page 44146]]
Observer Coverage
NMFS has been ordered by the Court, by August 1, 2002, to expand
its observer coverage in the NE multispecies fishery by providing a
minimum of 5-percent coverage, to monitor and collect information on
bycatch, as well as other biological and fishery-related information.
Additionally, NMFS has been ordered, by May 1, 2003, to expand further
its observer coverage, if appropriate.
Classification
By the terms of the Court order which implemented the Settlement
Agreement final rulemaking of this action is required to be made
effective no later than August 1, 2002. This rule has been determined
to be significant for purposes of Executive Order 12866.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA)
that describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained at
the beginning of the preamble and in the SUMMARY section of the
preamble and in the IRFA. A summary of the analysis follows.
The analysis considered three alternatives: The Preferred
Alternative, the No Action Alternative, and a Hard TAC Alternative.
Analysis of the Preferred Alternative examined the impacts on industry
that would result from the Settlement Agreement. Analysis of the No
Action alternative examined the impacts on industry that would result
from leaving all current management measures in place and allowing
fishing inside the WGOM Area Closure. Analysis of the hard TAC
alternative examined the impacts to the industry under two different
options for how TACs would be implemented: Option 1 was based on
achieving a zero fishing mortality rate for all stocks that would have
a zero management TAC under Amendment 9 to the FMP; Option 2 assumed
that, rather than reducing fishing mortality to absolute zero for those
stocks with a management TAC of zero under Amendment 9, management
measures would reduce the fishing mortality on those stocks to as close
to zero as possible. The economic impacts of the first two alternatives
were analyzed and described according to the type of management measure
as follows: (a) Commercial measures that were modeled (DAS
restrictions, area closures, and trip limits); (b) commercial measures
that were not modeled (changes to the open access hand gear category,
prohibition on frontloading, prohibition on de-hooker use, mesh size
restrictions, and limitations on the number of gillnets and hooks); and
(c) recreational measures (private recreational vessel and party/
charter). The hard TAC alternative is a fundamentally different type of
management scheme and was examined in terms of the economic impacts
that would result under the two TAC options that were considered.
Option 1 would result in a total closure of GB, a significant portion
of southern New England, and Long Island Sound to all gear that is
capable of catching groundfish in any significant numbers. Option 2
would result in approximately a 35-percent reduction in the total
number of DAS used by all vessels in 1999--a significant reduction in
effective effort across the entire commercial fishery.
The proposed action (Preferred Alternative) would have a nominal
effect on all NE multispecies permit holders (1,442 limited access,
1,812 open access hand gear, and 610 open access party/charter), all of
which may be considered small entities according to the Small Business
Administration standards for commercial fishing vessels. The number of
actual participants in the NE multispecies fishery is less than the
total number of those eligible to participate in the fishery (i.e., not
every vessel holding a permit for the fishery actually fishes in a
given year); the number of participating vessels that may actually be
affected by any one or more of the regulatory measures is estimated to
be 37 percent of the permit holders.
The Preferred Alternative measures would result in an aggregate
reduction in total groundfish income of 4.2 percent. On an individual
vessel basis, about 25 percent (approximately 250) of the participating
limited access vessels would experience at least a 5-percent loss in
gross annual fishing revenues (relative to the No Action Alternative).
Ten percent of the participating limited access vessels would
experience at least a 16-percent loss in gross annual fishing revenues.
In contrast, fishing revenues would increase for approximately 25
percent of the vessels due to modifications in the area closures and an
increase in the GOM cod trip limit. Among those adversely impacted,
small otter trawl vessels would be most affected. Vessels positively
affected would be gillnet or hook vessels, due to the proposed increase
in the GOM cod trip limit and the fact that, for these vessels, cod
constitutes a much higher proportion of their total fishing income than
it does for other vessels. Detailed cost data, and the analytical tools
necessary for calculation of profitability changes that could result
from the proposed measures were not available. While profitability of
small entities could be affected, it was not possible to estimate such
changes. Similarly, it was not possible to estimate the impacts of the
proposed action on solvency of small entities. Furthermore, because
this is only an interim action, analysis of impacts on long-term
profitability or solvency of small entities, even if the necessary data
were available, would not be appropriate. NMFS does not have the data
to make a determination regarding long-term profitability or solvency
at this time. Therefore, NMFS is requesting comments on this issue
during the comment period on this proposed interim rule. Long-term
impacts will be analyzed in association with Amendment 13 to the FMP,
which will replace this interim action.
For some vessel owners, the new DAS restrictions will not allow
them to fish the number of days that they would need to cover their
fixed costs. Based on a break-even analysis, the number of such vessels
could be as high as 213 vessels (22 percent). This estimate, however,
is probably an overestimation, due to limitations in the data. It is
likely that the number of vessels that could not break even is
substantially less than 213.
The proposed reduction in the trip limit for the open access hand
gear permit category would affect about one half of the 172 permit
holders that reported fishing activity. The average loss was estimated
to be $33,700 per vessel. The impact of the front-loading prohibition
was estimated based on landings associated with front-loading trips.
The prohibition would decrease income by approximately $911 to $1,450
per trip. The following table summarizes the estimated cost to replace
trawl codends and gillnet gear that would result from the proposed
changes in mesh size requirements.
[[Page 44147]]
Table 3.--Economic Impact of Mesh Size Increase--(Gear Replacement)
------------------------------------------------------------------------
Average
Gear Number of Vessels vessel
analyzed cost
------------------------------------------------------------------------
Trawl (replace cod end)......... 424 (GOM or GB) $1,250
211 SNE
Day Gillnet in GOM (tie-down 18 7,794
nets).
Day Gillnet in GOM (stand-up 31 9,300
nets).
Trip Gillnet in GOM............. 25 18,352
Gillnets in GB or SNA........... 32 8,800
------------------------------------------------------------------------
The proposed measures (for GOM cod) affecting charter/party vessels
may result in a loss of revenue due to decreased passenger demand.
Based on historic cod landings, the majority of economic impacts will
likely be borne by the 20-25 charter/party operators that catch 80
percent of the recreationally harvested GOM cod.
Although there may be alternative sets of management measures to
those contained in this proposed rule that would accomplish the
objectives, this proposed rule represents the measures agreed to in the
Settlement Agreement that was negotiated by numerous interested
parties.
Relative to the Preferred Alternative, the No Action Alternative
would mitigate most of the adverse economic impacts associated with the
Preferred Alternative. In general, gross fishing incomes would
increase, particularly for vessels operating in the GOM and would have
particularly beneficial impacts on small vessels and gillnet vessels in
general. However, the No Action alternative also would result in
unacceptably high increases in fishing mortality rates that could
compromise the rebuilding of several GOM stocks, GOM cod in particular.
For this reason, the No Action alternative would not meet the
regulatory objectives of this action.
Relative to the Preferred Alternative, the Hard TAC Alternative
would impact more significantly the NE multispecies fishery because of
the severe consequences of closing down fisheries when a TAC is
reached. The economic and social impacts of either option considered
under this alternative would be very severe, if not irreparable. Option
1 would severely impact (essentially do away with) the NE multispecies
fishery on GB and southern New England in the near term, and would
largely prohibit the monkfish, sea scallop, and spiny dogfish fisheries
from operating in that area, as well. Option 2 would prohibit hook and
roundfish gillnet gear from GB and allow some low level of trawl
fishing, but with a bycatch trigger for GB cod that would likely close
the fishery at sometime during the fishing year. Many small entities
might either go out of business or would have to relocate. To the
extent that participants in the industry could do so, many would be
expected to shift effort into other fisheries for which they have
permits or could acquire permits for, or that are open access, and/or
would shift fishing effort northward, to the GOM, or to south of GB.
Fisheries that do not use gear capable of catching groundfish, such as
purse seines, traps, and mid-water trawls, would be unaffected by the
restrictions, but could experience increases in effort displaced from
the groundfish, monkfish, scallop, and other fisheries that would be
restricted under Option 1. The primary impact on the recreational
fishery would be the prohibition on retention of GB cod. In any event,
neither the No Action Alternative nor the Hard TAC Alternative could be
implemented because they were not agreed to in the Settlement Agreement
ordered to be implemented by the Court.
The compliance requirements associated with the proposed measures
are the two yellowtail exemption programs described previously in this
document, and the used DAS baseline appeal procedure, if applicable.
This proposed action does not duplicate other Federal rules and
takes into consideration the monkfish regulations under Sec. 648.92 in
order to be consistent with the objectives of the Monkfish Fishery
Management Plan.
Because the terms of the Settlement Agreement accepted by the Court
require a final rule to be made effective no later than August 1, 2002,
the opportunity for public comment on this proposed rule is abbreviated
to 15 days. A longer comment period would likely prevent NMFS from
meeting the August 1, 2002, deadline. In addition, the proposed
measures were developed in cooperation with and after input from one of
the conservation group plaintiffs and all of the intervenors who
represent four New England States and a sizable portion of the fishing
industry.
This proposed interim rule includes new collection-of-information
requirements and references to previously-approved requirements subject
to the Paperwork Reduction Act (PRA). The following collection-of-
information requirements have been previously approved by OMB under
control number 0649-0202. The estimated times per response for these
collections are as follows: 30 minutes for a new vessel permit
application; 15 minutes for a renewal application for a vessel permit;
5 minutes for a gillnet annual declaration and request for tags; 1
minute for attaching a gillnet tag; 2 minutes to report lost and/or ask
for replacement of lost gillnet tags; 2 minutes for a DAS notification;
2 minutes for a transit report for a vessel that has exceeded the cod
landing limit; and 5 minutes to request an LOA for either the
Cultivator shoals, Nantucket shoals dogfish, Nantucket lightship, SNE
little tunny gillnet, small-mesh northern shrimp fishery, mid-Atlantic,
Rolling Closure Area charter/party boat, and GOM charter/party boat
exemption programs. Requests for an LOA for the whiting raised footrope
trawl exempted fishery have been approved under OMB control number
0648-0422, with an estimated response time of 2 minutes.
This action contains two new collection-of-information requirements
that have been submitted to OMB for approval. A response time of 2
minutes has been estimated for requests for entry onto one of two
exemption programs for vessel owners choosing to fish for yellowtail
flounder in the SNE, GB/GOM RMAs. A response time of 2 hours has been
estimated for appeals of used baseline DAS determinations.
The aforementioned response estimates include the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collections of information. Send comments regarding these burden
estimates, or any other aspect of the data requirements, including
suggestions for reducing the
[[Page 44148]]
burden, to NMFS and OMB (see ADDRESSSES).
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.
NMFS prepared a draft Environmental Assessment (EA) for this
interim action. A copy of the EA is available from NMFS (see
ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 24, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows: \1\
---------------------------------------------------------------------------
\1\ The amendments to 50 CFR part 648 published at 67 FR 21140
(April 29, 2002) are effective through July 31, 2002.
---------------------------------------------------------------------------
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.2, the definitions of ``Non-exempt species'', and
``Prior to leaving port'' are revised, and new definitions for ``De-
hooker'', ``Private recreational fishing vessel'', and ``Used DAS
baseline'' are added in alphabetical order, to read as follows:
Sec. 648.2 Definitions.
* * * * *
De-hooker, with respect to the NE multispecies hook gear fishery,
means the fairlead rollers when used in a manner that extracts fish
hooks from caught fish, also known as ``crucifiers.''
* * * * *
Non-exempt species means species of fish not included under the
GOM, GB and SNE Regulated Mesh Area exempted fisheries, as specified in
Sec. 648.80(a)(5); (a)(6); (a)(9) through (14); (b)(3)(i) and (ii);
(b)(5) through (8); and (d), (e), (h), and (i).
* * * * *
Prior to leaving port, with respect to the call-in notification
system for NE multispecies, and the call-in notification system for
monkfish vessels that are fishing under the limited access monkfish
Category C or D permit provisions, means no more than 1 hour prior to
the time a vessel leaves the last dock or mooring in port from which
that vessel departs to engage in fishing, including the transport of
fish to another port. With respect to the call-in notification system
for monkfish vessels that are fishing under the limited access monkfish
Category A or B permit provisions, it means prior to the last dock or
mooring in port from which a vessel departs to engage in fishing,
including the transport of fish to another port.
Private recreational fishing vessel, with respect to the NE
multispecies fishery, means a vessel engaged in recreational fishing
that has not been issued a Federal NE multispecies permit, does not
sell fish, and does not take passengers for hire.
* * * * *
Used DAS baseline, with respect to the NE multispecies fishery,
means the number of DAS that represent the historic level of DAS use
associated with a particular limited access permit, as described in
Sec. 648.82(l).
* * * * *
3. In Sec. 648.4, paragraphs (a)(1)(i)(I)(2) and (c)(2)(iii) are
revised to read as follows:
Sec. 648.4 Vessel permits.
* * * * *
(a) * * *
(1) * * *
(i) * * *
(I) * * *
(2) The owner of a vessel issued a limited access multispecies
permit may request a change in permit category, unless otherwise
restricted by paragraph (a)(1)(i)(I)(1) of this section. The owner of a
limited access multispecies vessel eligible to request a change in
permit category must elect a category upon the vessel's permit
application and will have one opportunity to request a change in permit
category by submitting an application to the Regional Administrator
within 45 days of the effective date of the vessel's permit, unless
otherwise allowed under Sec. 648.82(b). If such a request is not
received within 45 days, the vessel owner may not request a change in
permit category and the vessel permit category will remain unchanged
for the duration of the fishing year. A vessel may not fish in more
than one multispecies permit category during a fishing year, unless
otherwise allowed under Sec. 648.82(b).
* * * * *
(c) * * *
(2) * * *
(iii) An application for a limited access multispecies permit must
also contain the following information: 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(k). A vessel owner electing a Day or Trip gillnet
designation must indicate the number of gillnet tags that he/she is
requesting and must include a check for the cost of the tags. A permit
holder letter will be sent to the owner of each eligible gillnet vessel
informing him/her of the costs associated with this tagging requirement
and directions for obtaining tags. Once a vessel owner has elected this
designation, he/she may not change the designation or fish under the
other gillnet category for the remainder of the fishing year, unless
otherwise allowed in this paragraph. For the 2002 fishing year, vessels
electing a Day or Trip gillnet designation will be allowed to change
their designation prior to September 1, 2002, and will be allowed to
fish under this new designation during the period September 1, 2002,
through April 30, 2003. Incomplete applications, as described in
paragraph (e) of this section, will be considered incomplete for the
purpose of obtaining authorization to fish in the NE multispecies
gillnet fishery and will be processed without a gillnet authorization.
* * * * *
4. In Sec. 648.10, paragraph (c)(1) is revised to read as follows:
Sec. 648.10 DAS notification requirements.
* * * * *
(c) * * *
(1) Less than 1 hour prior to leaving port, for vessels issued a
limited access NE multispecies permit or, for vessels issued a limited
access NE multispecies permit and a limited access monkfish Category C
or D permit, and, prior to leaving port for vessels issued a limited
access monkfish Category A or B permit, the vessel owner or authorized
representative must notify the Regional Administrator that the vessel
will be participating in the DAS program by calling the Regional
Administrator and providing the following information: Owner and caller
name and phone number, vessel's name and permit number, type of trip to
be taken, port of departure, and that the vessel is beginning a trip. A
DAS begins once the call has been received and a confirmation number is
given by the Regional Administrator, or when a vessel leaves port,
whichever occurs first.
* * * * *
[[Page 44149]]
5. In Sec. 648.14, paragraphs (a)(35), (a)(42), (a)(43), (a)(45),
(a)(47), (a)(52), (a)(102), (a)(112), (a)(116), (b)(2), (c)(7), (c)(8),
(c)(13) through (15), (c)(23), (c)(26), (c)(29), (c)(31), and (z)(2)(i)
are revised, paragraphs (a)(123) through (126), (b)(3) through (5), and
(c)(32), (c)(33) and (c)(34) are added, and paragraph (c)(20) is
removed and reserved, to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(35) Fish with, use, or have on board, within the areas described
in Sec. 648.80(a)(1) and (2), nets with mesh size smaller than the
minimum mesh size specified in Sec. 648.80(a)(3) and (4), except as
provided in Sec. 648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15),
(d), (e), and (i), unless the vessel has not been issued a NE
multispecies permit and fishes for NE multispecies exclusively in state
waters, or unless otherwise specified in Sec. 648.17.
* * * * *
(42) Fish within the areas described in Sec. 648.80(a)(6) with nets
of mesh smaller than the minimum size specified in Sec. 648.80(a)(3) or
(4).
(43) Violate any of the provisions of Sec. 648.80, including
paragraphs (a)(5), the small-mesh northern shrimp fishery exemption
area; (a)(6), the Cultivator Shoal whiting fishery exemption area;
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket
Shoals dogfish fishery exemption area; (a)(12), the Nantucket Shoals
mussel and sea urchin dredge exemption area; (a)(13), the GOM/GB
monkfish gillnet exemption area; (a)(14), the GOM/GB dogfish gillnet
exemption area; (a)(15), the Raised Footrope Trawl Exempted Whiting
Fishery; (b)(3), exemptions (small mesh); (b)(5), the SNE monkfish and
skate trawl exemption area; (b)(6), the SNE monkfish and skate gillnet
exemption area; (b)(7), the SNE dogfish gillnet exemption area; (b)(8),
the SNE mussel and sea urchin dredge exemption area; or (b)(9), the SNE
little tunny gillnet exemption area. Each violation of any provision in
Sec. 648.80 constitutes a separate violation.
* * * * *
(45) Fish for, harvest, possess, or land in or from the EEZ
northern shrimp, unless such shrimp were fished for or harvested by a
vessel meeting the requirements specified in Sec. 648.80(a)(5).
* * * * *
(47) Fish for the species specified in Sec. 648.80(d) or (e) with a
net of mesh size smaller than the applicable mesh size specified in
Sec. 648.80(a)(2) or (3), (b)(2), or (c)(2), or possess or land such
species, unless the vessel is in compliance with the requirements
specified in Sec. 648.80(d) or (e), or unless the vessel has not been
issued a multispecies permit and fishes for NE multispecies exclusively
in state waters, or unless otherwise specified in Sec. 648.17.
* * * * *
(52) Enter, be on a fishing vessel in, or fail to remove gear from,
the EEZ portion of the areas described in Sec. 648.81(g)(1) through
(i)(1), and (n)(1), except as provided in Sec. 648.81(d), (g)(2),
(h)(2), (i)(2), and (n)(2).
* * * * *
(102) Enter or fish in the Gulf of Maine, Georges Bank, and
Southern New England Regulated Mesh Areas, except as provided in
Secs. 648.80(a)(3)(vi) and (b)(2)(vi), and for purposes of transiting,
provided that all gear (other than exempted gear) is stowed in
accordance with Sec. 648.23(b).
* * * * *
(112) Fish for, harvest, possess, or land in or from the EEZ, when
fishing with trawl gear, any of the exempted species specified in
Sec. 648.80(a)(9)(i), unless such species were fished for or harvested
by a vessel meeting the requirements specified in Sec. 648.80(a)(5)(ii)
or (a)(9)(ii).
* * * * *
(116) Fish for, harvest, possess, or land any species of fish in or
from the GOM/GB Inshore Restricted Roller Gear Area described in
Sec. 648.80(a)(3)(v) with trawl gear where the diameter of any part of
the trawl footrope, including discs, rollers or rockhoppers, is greater
than 12 inches (30.48 cm).
* * * * *
(123) Fish for, land, or possess NE multispecies harvested with the
use of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm)
spacing between the fairlead rollers unless the vessel has not been
issued a multispecies permit and fishes for NE multispecies exclusively
in state waters.
(124) Possess or use de-hookers (``crucifiers'') with less than 6-
inch (15.2-cm) spacing between the fairlead rollers while in possession
of NE multispecies, unless the vessel has not been issued a
multispecies permit and fishes for NE multispecies exclusively in state
waters.
(125) For vessels issued a limited access NE multispecies permit,
or those issued a limited access NE multispecies permit and a limited
access monkfish Category C or D permit, call into the DAS program prior
to 1 hour before leaving port.
(126) Call in DAS in excess of that allocated under the methods
described in Sec. 648.82(l).
(b) * * *
(2) If the vessel has been issued a charter/party permit or is
fishing under charter/party regulations, fail to comply with the
requirements specified in Sec. 648.81(g)(2)(iii) when fishing in the
areas described in Sec. 648.81(g)(1) through (i)(1), during the time
periods specified in those sections.
(3) Possess in, or harvest from the EEZ southward of 40 deg.00' N.
lat., any yellowtail flounder unless fishing under recreational or
charter/party regulations, or transiting in accordance with
Sec. 648.23(b).
(4) Possess in, or harvest from the EEZ in the Southern New England
Regulated Mesh Area northward of 40 deg.00' yellowtail flounder in
excess of the seasonal possession or trip limits under
Sec. 648.86(h)(2).
(5) Fail to comply with the restrictions described in
Sec. 648.86(h)(1), if fishing for, possessing or landing yellowtail
flounder in the SNE Regulated Mesh Area north of 40 deg.0' N. lat.
(c) * * *
(7) Possess or land per trip more than the possession or landing
limits specified under Sec. 648.86(a), (b), (c), (d), (e), and (h), and
under Sec. 648.82(b)(3), if the vessel has been issued a limited access
multispecies permit.
(8) Fail to comply with the restrictions on fishing and gear
specified in Sec. 648.80(a)(3)(v), (a)(4)(v), and (b)(2)(v), if the
vessel has been issued a limited access multispecies hook-gear permit
and fishes in areas specified under Sec. 648.80(a), and (b).
* * * * *
(13) If the vessel has been issued a Day gillnet category
designation, fail to remove gillnet gear from the water as described in
Sec. 648.82(g) and Sec. 648.82(k)(1)(iv) and (5).
(14) Fail to comply with the tagging requirements for a day gillnet
vessel as described in Sec. 648.82(k)(1)(ii), or fail to produce or,
cause to be produced, gillnet tags when requested by an authorized
officer.
(15) Produce, or cause to be produced, gillnet tags under
Sec. 648.82(k)(1) or (2), without the written confirmation from the
Regional Administrator described in Sec. 648.82(k)(1)(ii) or (2)(ii).
* * * * *
(23) Fail to enter port and call-out of the DAS program no later
than 14 DAS after starting a multispecies DAS trip (i.e., the time a
vessel leaves port or when the vessel received a DAS authorization
number, whichever comes first), as specified in Sec. 648.10(f)(3),
unless otherwise specified in Sec. 648.86(b)(1)(ii) or (2)(ii).
* * * * *
[[Page 44150]]
(26) Enter port, while on a multispecies DAS trip, in possession of
more than the allowable limit of cod specified in
Sec. 648.86(b)(2)(ii). Under no circumstances may such trip exceed 14
days in length.
* * * * *
(29) Enter, be on a fishing vessel in, or fail to remove gear from,
the areas described in Sec. 648.81(g)(1) through (i)(1), during the
time periods specified, except as provided in Sec. 648.81(d), (g)(2),
(h)(2) and (i)(2).
* * * * *
(31) If the vessel has been issued a Charter/Party permit or is
fishing under charter/party regulations, fail to comply with the
requirements specified in Sec. 648.81(g)(2)(iii) when fishing in the
areas described in Sec. 648.81(g)(1) through (i)(1) during the time
periods specified in those sections.
(32) In the vessel has been fishing with gillnets under either the
day or trip category, fail to remove the nets from the water as
described under Sec. 648.82(k)(3).
(33) If the vessel has been issued a limited access Trip gillnet
category designation, fail to comply with the restrictions and
requirements specified in Sec. 648.82(k)(2).
(34) Fail to remain in port for the appropriate time specified in
Sec. 648.86(b)(2)(ii)(A), except for transiting purposes, provided the
vessel complies with Sec. 648.86(b)(3).
(z) * * *
(2) * * *
(i) Fish with, use or have available for immediate use within the
areas described in Secs. 648.80(a), (b), and (c), nets of mesh size
smaller than 3-in (7.62-cm), unless otherwise exempted pursuant to
Sec. 648.80(a)(8).
* * * * *
6. In Sec. 648.80, paragraphs (a), (b), (c)(1), (c)(2)(ii), (d)(2),
(e)(2), (h)(1), and (i)(8) are revised, and paragraphs (c)(2)(iv) and
(c)(5) are added to read as follows:
Sec. 648.80 Multispecies regulated mesh areas and restrictions on gear
and methods of fishing.
* * * * *
(a) Gulf of Maine (GOM) and Georges Bank (GB) Regulated Mesh Areas-
-(1) GOM Regulated Mesh Area. The GOM Regulated Mesh Area (copies of a
map depicting the area are available from the Regional Administrator
upon request) is that area:
(i) Bounded on the east by the U.S.-Canada maritime boundary
defined by straight lines connecting the following points in the order
stated:
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
G1................................ (\1\) (\1\)
G2................................ 43 deg.58' 67 deg.22'
G3................................ 42 deg.53.1' 67 deg.44.4'
G4................................ 42 deg.31' 67 deg.28.1'
CII3.............................. 42 deg.22' \2\ 67 deg.20'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime
Boundary.
\2\ The U.S.-Canada Maritime Boundary.
(ii) Bounded on the south by straight lines connecting the
following points in the order stated:
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
CII3.............................. 42 deg.22' \2\ 67 deg.20'
G6................................ 42 deg.20' 67 deg.20'
G7................................ 42 deg.20' 69 deg.30'
G8................................ 42 deg.00' 69 deg.30'
G9................................ 42 deg.00' (\1\)
------------------------------------------------------------------------
\1\ The intersection of the Cape Cod, MA, coastline and 42 deg.00' N.
lat.
\2\ The U.S.-Canada Maritime Boundary.
(2) GB Regulated Mesh Area. The GB Regulated Mesh Area (copies of a
map depicting the area are available from the Regional Administrator
upon request) is that area:
(i) Bounded on the north by the southern boundary of the GOM
Regulated Mesh Area as defined in paragraph (a)(1)(ii) of this section;
(ii) Bounded on the east by straight lines connecting the following
points in the order stated:
----------------------------------------------------------------------------------------------------------------
Point N. Lat. W. Long. Approximate loran C bearings
----------------------------------------------------------------------------------------------------------------
CII3................................. 42 deg.22' 67 deg.20' (The U.S.-Canada Maritime
Boundary)
SNE1................................. 40 deg.24' 65 deg.43' (The U.S.-Canada Maritime
Boundary as it intersects
with the EEZ).
----------------------------------------------------------------------------------------------------------------
(iii) Bounded on the west by straight lines connecting the
following points in the order stated:
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
G12............................... (\1\) 70 deg.00'
G11............................... 40 deg.50' 70 deg.00'
NL1............................... 40 deg.50' 69 deg.40'
NL2............................... 40 deg.18.7' 69 deg.00'
NL3............................... 40 deg.22.7' 69 deg.00'
(\2\) 69 deg.00'
------------------------------------------------------------------------
\1\ South facing shoreline of Cape Cod.
\2\ Southward to its intersection with the EEZ.
(3) GOM Regulated Mesh Area minimum mesh size and gear
restrictions--(i) Vessels using trawls. Except as provided in
paragraphs (a)(3)(i) and (vi) of this section, and unless otherwise
restricted under paragraph (a)(3)(iii) of this section, the minimum
mesh size for any trawl net, except midwater trawl, on a vessel or used
by a vessel fishing under a DAS in the NE multispecies DAS program in
the GOM Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-
inch (16.5-cm) square mesh, applied throughout the body and extension
of the net, or any combination thereof, and 6.5-inch (16.5-cm) diamond
mesh or square mesh applied to the codend of the net as defined in
paragraphs (a)(3)(i)(A) and (B) of this section, provided the vessel
complies with the requirements of paragraph (a)(3)(vii) of this
section. This restriction does not apply to nets or pieces of nets
smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or to
vessels that have not been issued a NE multispecies permit and that are
fishing exclusively in state waters.
(A) For vessels greater than 45 ft (13.7 m) in length overall, a
diamond mesh codend is defined as the first 50 meshes counting from the
terminus of the net, and a square mesh codend is defined as the first
100 bars counting from the terminus of the net.
(B) For vessels 45 ft (13.7 m) or less in length overall, a diamond
mesh codend is defined as the first 25 meshes counting from the
terminus of the net, and a square mesh codend is defined as the first
50 bars counting from the terminus of the net.
(ii) Vessels using Scottish seine, midwater trawl, and purse seine.
Except as provided in paragraphs (a)(3)(ii) and (vi) of this section,
and unless otherwise restricted under paragraph (a)(3)(iii) of this
section, the minimum mesh size for any Scottish seine, midwater trawl,
or purse seine, on a vessel or used by a vessel fishing under a DAS in
the NE multispecies DAS program 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 net, or any combination thereof, 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
[[Page 44151]]
and that are fishing exclusively in state waters.
(iii) Large-mesh vessels. When fishing in the GOM Regulated Mesh
Area, the minimum mesh size for any trawl net vessel, or sink gillnet,
on a vessel or used by a vessel fishing under a DAS in the Large-mesh
DAS program, specified in Sec. 648.82(b)(6) and (7), is 8.5-inch (21.6-
cm) diamond or square mesh 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.
(iv) Gillnet vessels--(A) Trip gillnet vessels. 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 vessels
that obtain an annual designation as a Trip gillnet vessel, the minimum
mesh size for any sink gillnet when fishing under a DAS in the NE
multispecies DAS program 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) Day gillnet vessels. 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 vessels that obtain an
annual designation as a Day gillnet vessel, the minimum mesh size for
any roundfish gillnet when fishing under a DAS in the NE multispecies
DAS program in the GOM Regulated Mesh Area is 6.5 inches (16.5 cm)
throughout the entire net, and the minimum mesh size for any flatfish
(tie-down) gillnet when fishing under a DAS in the NE multispecies DAS
program in the GOM Regulated Mesh Area is 7.0 inches (17.8 cm)
throughout the entire net. No roundfish nets may be fished or on board
a vessel during the period March through June in the GOM Regulated Mesh
Area. 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) Hook-gear restrictions. Vessels fishing with a valid NE
multispecies limited access Hook-gear permit and fishing under a NE
multispecies DAS in the GOM Regulated Mesh Area, and persons on such
vessels, are prohibited from possessing gear other than hook gear on
board the vessel and are prohibited from fishing, setting, or hauling
back, per day, or possessing on board the vessel, more than 2,000
rigged hooks. All hooks must be circle hooks, of a minimum size of 12/
0. An unbaited hook and gangion that has not been secured to the ground
line of the trawl on board a vessel is deemed to be a replacement hook
and is not counted toward the 2,000-hook limit. A ``snap-on'' hook is
deemed to be a replacement hook if it is not rigged or baited. The use
of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) spacing
between the fairlead rollers is prohibited.
(vi) Other restrictions and exemptions. Vessels are prohibited from
fishing in the GOM or GB Exemption Area as defined in paragraph (a)(16)
of this section, except if fishing with exempted gear (as defined under
this part) or under the exemptions specified in paragraphs (a)(5)
through (a)(7), (a)(9) through (a)(14), (d), (e), (h), and (i) of this
section; or if fishing under a NE multispecies DAS; or if fishing under
the small vessel exemption specified in Sec. 648.82(b)(3); 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, 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).
(vii) Rockhopper and roller gear restrictions. For all trawl
vessels fishing in the GOM/GB Inshore Restricted Roller Gear Area, the
diameter of any part of the trawl footrope, including discs, rollers,
or rockhoppers, must not exceed 12 inches (30.48 cm). The GOM/GB
Inshore Restricted Roller Gear Area is defined by straight lines
connecting the following points in the order stated:
Inshore Restricted Roller Gear Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
GM1............................... 42 deg.00' (\1\)
GM2............................... 42 deg.00' (\2\)
GM3............................... 42 deg.00' (\3\)
GM23.............................. 42 deg.00' 69 deg.50'
GM24.............................. 43 deg.00' 69 deg.50'
GM11.............................. 43 deg.00' 70 deg.00'
GM17.............................. 43 deg.30' 70 deg.00'
GM18.............................. 43 deg.00' (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.
(4) GB Regulated Mesh Area gear restrictions.--(i) Vessels using
trawls. Except as provided in paragraphs (a)(3)(vi) and (a)(4)(i) of
this section, and unless otherwise restricted under paragraph
(a)(4)(iii) of this section, the minimum mesh size for any trawl net,
except 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 a DAS in the NE multispecies DAS program 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 under paragraph
648.80(a)(3)(i) 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.
(ii) Vessels using Scottish seine, midwater trawl, and purse seine.
Except as provided in paragraphs (a)(3)(vi) and (a)(4)(ii) of this
section, and unless otherwise restricted under paragraph (a)(4)(iii) of
this section, the minimum mesh size for any Scottish seine, midwater
trawl, or purse seine, and the minimum mesh size for any Scottish
seine, midwater trawl, or purse seine, 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 a DAS in the NE multispecies
DAS program 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 net, or
any combination thereof, 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
[[Page 44152]]
and that are fishing exclusively in state waters.
(iii) Large-mesh vessels. When fishing in the GB Regulated Mesh
Area, the minimum mesh size for any trawl net vessel, or sink gillnet,
and the minimum mesh size for any trawl net, or sink 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), on a vessel or used by a vessel fishing
under a DAS in the Large-mesh DAS program, specified in
Sec. 648.82(b)(6) and (7), is 8.5-inch (21.6-cm) diamond or square mesh
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.
(iv) Gillnet vessels. Except as provided in paragraphs (a)(3)(vi)
and (a)(4)(iv) of this section, the minimum mesh size for any roundfish
or flatfish 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 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.
(v) Hook-gear restrictions. Vessels fishing with a valid NE
multispecies limited access Hook-gear permit and fishing under a NE
multispecies DAS in the GB Regulated Mesh Area, and persons on such
vessels, are prohibited from possessing gear other than hook gear on
board the vessel and prohibited from fishing, setting, or hauling back,
per day, or possessing on board the vessel, more than 3,600 rigged
hooks. All hooks must be circle hooks, of a minimum size of 12/0. An
unbaited hook and gangion that has not been secured to the ground line
of the trawl on board a vessel is deemed to be a replacement hook and
is not counted toward the 3,600-hook limit. A ``snap-on'' hook is
deemed to be a replacement hook if it is not rigged or baited. The use
of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) spacing
between the fairlead rollers is prohibited.
(5) Small Mesh Northern Shrimp Fishery Exemption Area. Vessels
subject to the minimum mesh size restrictions specified in this
paragraph (a) may fish for, harvest, possess, or land northern shrimp
in the Small Mesh Northern Shrimp Fishery Exemption Area with nets with
a mesh size smaller than the minimum size specified, if the vessel
complies with the requirements of paragraphs (a)(5)(i) through (iii) of
this section. The Small Mesh Northern Shrimp Fishery Exemption Area is
defined by 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):
Small Mesh Northern Shrimp Fishery Exemption Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
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'
G2................................ 43 deg.58' 67 deg.22'
G1................................ (\1\) (\1\)
------------------------------------------------------------------------
\1\ Northward along the irregular U.S.-Canada maritime boundary to the
shoreline.
(i) Restrictions on fishing for, possessing, or landing fish other
than shrimp. (A) Through April 30, 2003, an owner or operator of a
vessel fishing in the northern shrimp fishery under the exemption
described in this paragraph (a)(5) may not fish for, possess on board,
or land any species of fish other than shrimp, except for the
following, with the restrictions noted, as allowable incidental
species: Longhorn sculpin; combined silver hake and offshore hake--up
to an amount equal to the total weight of shrimp possessed on board or
landed, not to exceed 3,500 lb (1,588 kg); and American lobster--up to
10 percent, by weight, of all other species on board or 200 lobsters,
whichever is less, unless otherwise restricted by landing limits
specified in Sec. 697.17 of this chapter. Silver hake and offshore hake
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) Beginning May 1, 2003, an owner or operator of a vessel fishing
for northern shrimp may not fish for, possess on board, or land any
species of fish other than shrimp, except for the following, with the
restrictions noted, as allowable incidental species: Longhorn sculpin;
combined silver hake and offshore hake--up to 100 lb (45.4 kg); and
American lobster--up to 10 percent, by weight, of all other species on
board or 200 lobsters, whichever is less, unless otherwise restricted
by landing limits specified in Sec. 697.17 of this chapter.
(ii) Requirement to use a finfish excluder device (FED). A vessel
must have a rigid or semi-rigid grate consisting of parallel bars of
not more than 1-inch (2.54-cm) spacing that excludes all fish and other
objects, except those that are small enough to pass between its bars
into the codend of the trawl, secured in the trawl, forward of the
codend, in such a manner that it precludes the passage of fish or other
objects into the codend without the fish or objects having to first
pass between the bars of the grate, in any net with mesh smaller than
the minimum size specified in paragraphs (a)(3) and (4) of this
section. The net must have an outlet or hole to allow fish or other
objects that are too large to pass between the bars of the grate to
exit the net. The aftermost edge of this outlet or hole must be at
least as wide as the grate at the point of attachment. The outlet or
hole must extend forward from the grate toward the mouth of the net. A
funnel of net material is allowed in the lengthening piece of the net
forward of the grate to direct catch towards the grate. (Copies of a
schematic example of a properly configured and installed FED are
available from the Regional Administrator upon request.)
(iii) Time restrictions. A vessel may only fish under this
exemption during the northern shrimp season, as established by the
Commission and announced in the Commission's letter to participants.
(6) Cultivator Shoal Whiting Fishery Exemption Area. Vessels
subject to the minimum mesh size restrictions specified in paragraphs
(a)(3) and (4) of this section may fish with, use, or possess nets in
the Cultivator Shoal Whiting Fishery Exemption Area with a mesh size
smaller than the minimum size specified, if the vessel complies with
the requirements specified in paragraph (a)(6)(i) of this section. The
Cultivator Shoal Whiting Fishery Exemption Area (copies of a map
depicting the area are available from the Regional Administrator upon
request) is defined by straight lines connecting the following points
in the order stated:
Cultivator Shoal Whiting Fishery Exemption Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
C1................................ 42 deg.10' 68 deg.10'
C2................................ 41 deg.30' 68 deg.41'
[[Page 44153]]
CI4............................... 41 deg.30' 68 deg.30'
C3................................ 41 deg.12.8' 68 deg.30'
C4................................ 41 deg.05' 68 deg.20'
C5................................ 41 deg.55' 67 deg.40'
C1................................ 42 deg.10' 68 deg.10'
------------------------------------------------------------------------
(i) Requirements. (A) A vessel fishing in the Cultivator Shoal
Whiting Fishery Exemption Area under this exemption must have on board
a valid letter of authorization issued by the Regional Administrator.
(B) Through April 30, 2003, an owner or operator of a vessel
fishing in this area may not fish for, possess on board, or land any
species of fish other than whiting and offshore hake combined--up to a
maximum of 30,000 lb (13,608 kg), except for the following, with the
restrictions noted, as allowable incidental species: Herring; longhorn
sculpin; squid; butterfish; Atlantic mackerel; dogfish, and red hake--
up to 10 percent each, by weight, of all other species on board;
monkfish and monkfish parts--up to 10 percent, by weight, of all other
species on board or up to 50 lb (23 kg) tail-weight/166 lb (75 kg)
whole-weight of monkfish per trip, as specified in Sec. 648.94(c)(4),
whichever is less; and American lobster--up to 10 percent, by weight,
of all other species on board or 200 lobsters, whichever is less,
unless otherwise restricted by landing limits specified in Sec. 697.17
of this chapter.
(C) Beginning May 1, 2003, an owner or operator of a vessel fishing
in this area is subject to the mesh size restrictions specified in
paragraph (a)(6)(i)(D) of this section and may not fish for, possess on
board, or land any species of fish other than whiting and offshore hake
combined--up to a maximum of 10,000 lb (4,536 kg), except for the
allowable incidental species listed in paragraph (a)(6)(i)(B) of this
section.
(D) Counting from the terminus of the net, all nets must have a
minimum mesh size of 3-inch (7.6-cm) square or diamond mesh applied to
the first 100 meshes (200 bars in the case of square mesh) for vessels
greater than 60 ft (18.28 m) in length applied to and the first 50
meshes (100 bars in the case of square mesh) for vessels less than or
equal to 60 ft (18.3 m) in length.
(E) Fishing is confined to a season of June 15 through September
30, unless otherwise specified by notification in the Federal Register.
(F) When a vessel is transiting through the GOM or GB Regulated
Mesh Areas specified under paragraphs (a)(1) and (2) of this section,
any nets with a mesh size smaller than the minimum mesh specified in
paragraphs (a)(3) or (4) of this section must be stowed in accordance
with one of the methods specified in Sec. 648.23(b), unless the vessel
is fishing for small-mesh multispecies under another exempted fishery
specified in this paragraph (a).
(G) A vessel fishing in the Cultivator Shoal Whiting Fishery
Exemption Area may fish for small-mesh multispecies in exempted
fisheries outside of the Cultivator Shoal Whiting Fishery Exemption
Area, provided that the vessel complies with the requirements specified
in this paragraph (a)(6)(i) for the entire trip.
(ii) Sea sampling. The Regional Administrator shall conduct
periodic sea sampling to determine if there is a need to change the
area or season designation, and to evaluate the bycatch of regulated
species, especially haddock.
(iii) Annual review. The NEFMC shall conduct an annual review of
data to determine if there are any changes in area or season
designation necessary, and to make appropriate recommendations to the
Regional Administrator following the procedures specified in
Sec. 648.90.
(7) Transiting. (i) Vessels fishing in the Small Mesh Northern
Shrimp Fishery or the Small Mesh Area 1/Small Mesh Area 2 fishery, as
specified in paragraphs (a)(5) and (9) of this section, may transit
through the Small Mesh Northern Shrimp Fishery Exemption Area as
specified in paragraph (a)(5) of this section with nets of mesh size
smaller than the minimum mesh size specified in paragraphs (a)(3) or
(4) of this section, provided that the nets are stowed and not
available for immediate use in accordance with one of the methods
specified in Sec. 648.23(b).
(ii) Vessels subject to the minimum mesh size restrictions
specified in paragraphs (a)(3) or (4) of this section may transit
through the Small Mesh Northern Shrimp Fishery Exemption Area defined
in paragraph (a)(5) of this section with nets on board with a mesh size
smaller than the minimum size specified, provided that the nets are
stowed in accordance with one of the methods specified in
Sec. 648.23(b), and provided the vessel has no fish on board.
(iii) Vessels subject to the minimum mesh size restrictions
specified in paragraphs (a)(3) or (4) of this section may transit
through the GOM and GB Regulated Mesh Areas defined in paragraphs
(a)(1) and (2) of this section with nets on board with a mesh size
smaller than the minimum mesh size specified and with small mesh
exempted species on board, provided that the following conditions are
met:
(A) All nets with a mesh size smaller than the minimum mesh size
specified in paragraphs (a)(3) or (4) of this section are stowed in
accordance with one of the methods specified in Sec. 648.23(b).
(B) A letter of authorization issued by the Regional Administrator
is on board.
(C) Vessels do not fish for, possess on board, or land any fish,
except when fishing in the areas specified in paragraphs (a)(6),
(a)(10), (a)(15), (b), and (c) of this section. Vessels may retain
exempted small-mesh species as provided in paragraphs (a)(6)(i),
(a)(10)(i), (a)(15)(i), (b)(3), and (c)(3) of this section.
(8) Addition or deletion of exemptions--(i) Species-(A) 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 and that such exemption will not
jeopardize fishing mortality objectives. In determining whether
exempting a fishery may jeopardize meeting fishing mortality
objectives, the Regional Administrator may take into consideration
various factors including, but not limited to, juvenile mortality. 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. An existing exemption may be deleted or modified if
the Regional Administrator determines that the catch of regulated
species is equal to or greater than 5 percent, by weight, of total
catch, 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.
(B) Small-mesh multispecies. Beginning May 1, 2003, an exemption
may be added in an existing fishery for which there are sufficient data
or information to ascertain the amount of small-mesh multispecies
bycatch, if the Regional Administrator, after consultation with the
NEFMC, determines that the percentage of small-mesh multispecies caught
as bycatch is, or can be reduced to, less than 10 percent, by weight,
of total catch and that such exemption will not jeopardize fishing
mortality objectives. In
[[Page 44154]]
determining whether exempting a fishery may jeopardize meeting fishing
mortality objectives, the Regional Administrator may take into
consideration various factors including, but not limited to, juvenile
mortality. A fishery can be defined, restricted, or allowed by area,
gear, season, or other means determined to be appropriate to reduce
bycatch of small-mesh multispecies. An existing exemption may be
deleted or modified if the Regional Administrator determines that the
catch of regulated species is equal to or greater than 10 percent, by
weight, of total catch, or that continuing the exemption may jeopardize
meeting fishing mortality objectives. Notification of additions,
deletions, or modifications are made through issuance of a rule in the
Federal Register.
(ii) The NEFMC may recommend to the Regional Administrator, through
the framework procedure specified in Sec. 648.90(b), additions or
deletions to exemptions for fisheries, either existing or proposed, for
which there may be insufficient data or information for the Regional
Administrator to determine, without public comment, percentage catch of
regulated species or small-mesh multispecies.
(iii) The Regional Administrator may, using the process described
in either paragraph (a)(8)(i) or (ii) of this section, authorize an
exemption for a white hake fishery by vessels using regulated mesh or
hook gear. Determination of the percentage of regulated species caught
in such fishery shall not include white hake.
(iv) Bycatch in exempted fisheries authorized under this paragraph
(a)(8) are subject, at a minimum, to the following restrictions:
(A) With the exception of fisheries authorized under paragraph
(a)(8)(iii) of this section, a prohibition on the possession of
regulated species.
(B) A limit on the possession of monkfish or monkfish parts of 10
percent, by weight, of all other species on board or as specified by
Sec. 648.94(c)(3), (c)(4), (c)(5) or (c)(6), as applicable, whichever
is less.
(C) A limit on the possession of lobsters of 10 percent, by weight,
of all other species on board or 200 lobsters, whichever is less.
(D) A limit on the possession of skate or skate parts in the SNE
Exemption Area described in paragraph (b)(10) of this section of 10
percent, by weight, of all other species on board.
(9) Small Mesh Area 1/Small Mesh Area 2--(i) Description. (A)
Unless otherwise prohibited in Sec. 648.81, through April 30, 2003, a
vessel subject to the minimum mesh size restrictions specified in
paragraphs (a)(3) or (4) of this section may fish with or possess nets
with a mesh size smaller than the minimum size, provided the vessel
complies with the requirements of paragraphs (a)(5)(ii) or (a)(9)(ii)
of this section, and Sec. 648.86(d), from July 15 through November 15,
when fishing in Small Mesh Area 1, and from January 1 through June 30,
when fishing in Small Mesh Area 2. An owner or operator of any vessel
may not fish for, possess on board, or land any species of fish other
than: Silver hake and offshore hake--up to the amounts specified in
Sec. 648.86(d); butterfish; dogfish; herring; Atlantic mackerel; ocean
pout; scup; squid; and red hake; except for the following allowable
incidental species (bycatch as the term is used elsewhere in this part)
with the restrictions noted: Longhorn sculpin; monkfish and monkfish
parts--up to 10 percent, by weight, of all other species on board or up
to 50 lb (23 kg) tail-weight/166 lb (75 kg) whole-weight of monkfish
per trip, as specified in Sec. 648.94(c)(4), whichever is less; and
American lobster--up to 10 percent, by weight, of all other species on
board or 200 lobsters, whichever is less, unless otherwise restricted
by landing limits specified in Sec. 697.17 of this chapter.
(B) Unless otherwise prohibited in Sec. 648.81, beginning May 1,
2003, in addition to the requirements specified in paragraph
(a)(9)(i)(A) of this section, nets may not have a mesh size of less
than 3-inch (7.6-cm) square or diamond mesh counting the first 100
meshes (200 bars in the case of square mesh) from the terminus of the
net for vessels greater than 60 ft (18.3 m) in length and counting the
first 50 meshes (100 bars in the case of square mesh) from the terminus
of the net for vessels less than or equal to 60 ft (18.3 m) in length.
An owner or operator of any vessel may not fish for, possess on board,
or land any species of fish other than: Silver hake and offshore hake--
up to 10,000 lb (4,536 kg); butterfish; dogfish; herring; Atlantic
mackerel; ocean pout; scup; squid; and red hake; except for the
following allowable incidental species (bycatch, as the term is used
elsewhere in this part) with the restrictions noted: Longhorn sculpin;
monkfish and monkfish parts--up to 10 percent, by weight, of all other
species on board or up to 50 lb (23 kg) tail-weight/166 lb (75 kg)
whole-weight of monkfish per trip, as specified in Sec. 648.94(c)(4),
whichever is less; and American lobster--up to 10 percent, by weight,
of all other species on board or 200 lobsters, whichever is less,
unless otherwise restricted by landing limits specified in Sec. 697.17
of this chapter.
(C) Small-mesh areas 1 and 2 are defined by straight lines
connecting the following points in the order stated (copies of a chart
depicting these areas are available from the Regional Administrator
upon request (see Table 1 to Sec. 600.502 of this chapter)):
Small Mesh Area I
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
SM1............................... 43 deg.03' 70 deg.27'
SM2............................... 42 deg.57' 70 deg.22'
SM3............................... 42 deg.47' 70 deg.32'
SM4............................... 42 deg.45' 70 deg.29'
SM5............................... 42 deg.43' 70 deg.32'
SM6............................... 42 deg.44' 70 deg.39'
SM7............................... 42 deg.49' 70 deg.43'
SM8............................... 42 deg.50' 70 deg.41'
SM9............................... 42 deg.53' 70 deg.43'
SM10.............................. 42 deg.55' 70 deg.40'
SM11.............................. 42 deg.59' 70 deg.32'
SM1............................... 43 deg.03' 70 deg.27'
------------------------------------------------------------------------
Small-Mesh Area II
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
SM13.............................. 43 deg.05.6' 69 deg.55.0'
SM14.............................. 43 deg.10.1' 69 deg.43.3'
SM15.............................. 42 deg.49.5' 69 deg.40.0'
SM16.............................. 42 deg.41.5' 69 deg.40.0'
SM17.............................. 42 deg.36.6' 69 deg.55.0'
SM13.............................. 43 deg.05.6' 69 deg.55.0'
------------------------------------------------------------------------
(ii) Raised footrope trawl. Vessels fishing with trawl gear must
configure it in such a way that, when towed, the gear is not in contact
with the ocean bottom. Vessels are presumed to be fishing in such a
manner if their trawl gear is designed as specified in paragraphs
(j)(9)(ii)(A) through (D) of this section and is towed so that it does
not come into contact with the ocean bottom.
(A) Eight-inch (20.3-cm) diameter floats must be attached to the
entire length of the headrope with a maximum spacing of 4 ft (122.0 cm)
between floats.
(B) The ground gear must all be bare wire not larger than \1/2\-
inch (1.2-cm) for the top leg, not larger than \5/8\-inch (1.6-cm) for
the bottom leg, and not larger than \3/4\-inch (1.9-cm) for the ground
cables. The top and bottom legs must be equal in length, with no
extensions. The total length of ground cables and legs must not be
greater than 40 fathoms (73 m) from the doors to wingends.
(C) The footrope must be longer than the length of the headrope,
but not more than 20 ft (6.1 m) longer than the length of the headrope.
The footrope must be rigged so that it does not contact the ocean
bottom while fishing.
(D) The raised footrope trawl may be used with or without a chain
sweep. If
[[Page 44155]]
used without a chain sweep, the drop chains must be a maximum of \3/8\-
inch (0.95-cm) diameter bare chain and must be hung from the center of
the footrope and each corner (the quarter, or the junction of the
bottom wing to the belly at the footrope). Drop chains must be hung at
intervals of 8 ft (2.4 m) along the footrope from the corners to the
wing ends. If used with a chain sweep, the sweep must be rigged so it
is behind and below the footrope, and the footrope is off the bottom.
This is accomplished by having the sweep longer than the footrope and
having long drop chains attaching the sweep to the footrope at regular
intervals. The forward end of the sweep and footrope must be connected
to the bottom leg at the same point. This attachment, in conjunction
with the headrope flotation, keeps the footrope off the bottom. The
sweep and its rigging, including drop chains, must be made entirely of
bare chain with a maximum diameter of \5/16\ inches (0.8 cm). No
wrapping or cookies are allowed on the drop chains or sweep. The total
length of the sweep must be at least 7 ft (2.1 m) longer than the total
length of the footrope, or 3.5 ft (1.1 m) longer on each side. Drop
chains must connect the footrope to the sweep chain, and the length of
each drop chain must be at least 42 inches (106.7 cm). One drop chain
must be hung from the center of the footrope to the center of the
sweep, and one drop chain must be hung from each corner. The attachment
points of each drop chain on the sweep and the footrope must be the
same distance from the center drop chain attachments. Drop chains must
be hung at intervals of 8 ft (2.4 m) from the corners toward the wing
ends. The distance of the drop chain that is nearest the wing end to
the end of the footrope may differ from net to net. However, the sweep
must be at least 3.5 ft (1.1 m) longer than the footrope between the
drop chain closest to the wing ends and the end of the sweep that
attaches to the wing end.
(10) Nantucket Shoals dogfish fishery exemption area. Vessels
subject to the minimum mesh size restrictions specified in paragraphs
(a)(3) or (4) of this section may fish with, use, or possess nets of
mesh smaller than the minimum size specified in the Nantucket Shoals
Dogfish Fishery Exemption Area, if the vessel complies with the
requirements specified in paragraph (a)(10)(i) of this section. The
Nantucket Shoals Dogfish Fishery Exemption Area (copies of a map
depicting this area are available from the Regional Administrator upon
request) is defined by straight lines connecting the following points
in the order stated:
Nantucket Shoals Dogfish Exemption Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
NS1............................... 41 deg.45' 70 deg.00'
NS2............................... 41 deg.45' 69 deg.20'
NS3............................... 41 deg.30' 69 deg.20'
Cl1............................... 41 deg.30' 69 deg.23'
NS5............................... 41 deg.26.5' 69 deg.20'
NS6............................... 40 deg.50' 69 deg.20'
NS7............................... 40 deg.50' 70 deg.00'
NS1............................... 41 deg.45' 70 deg.00'
------------------------------------------------------------------------
(i) Requirements. (A) A vessel fishing in the Nantucket Shoals
Dogfish Fishery Exemption Area under the exemption must have on board a
letter of authorization issued by the Regional Administrator and may
not fish for, possess on board, or land any species of fish other than
dogfish, except as provided under paragraph (a)(10)(i)(D) of this
section.
(B) Fishing is confined to June 1 through October 15.
(C) When transiting the GOM or GB Regulated Mesh Areas, specified
under paragraphs (a)(1) and (2) of this section, any nets with a mesh
size smaller than the minimum mesh size specified in paragraph (a)(3)
and (4) of this section must be stowed and unavailable for immediate
use in accordance with Sec. 648.23(b).
(D) Incidental species provisions. (1) Through April 30, 2003, the
following species may be retained, with the restrictions noted, as
allowable incidental species in the Nantucket Shoals Dogfish Fishery
Exemption Area: Longhorn sculpin; silver hake--up to 200 lb (90.7 kg);
monkfish and monkfish parts--up to 10 percent, by weight, of all other
species on board or up to 50 lb (23 kg) tail-weight/166 lb (75 kg)
whole-weight of monkfish per trip, as specified in Sec. 648.94(c)(4),
whichever is less; American lobster--up to 10 percent, by weight, of
all other species on board or 200 lobsters, whichever is less, unless
otherwise restricted by landing limits specified in Sec. 697.17 of this
chapter; and skate or skate parts--up to 10 percent, by weight, of all
other species on board.
(2) Beginning May 1, 2003, all nets must comply with a minimum mesh
size of 3-inch (7.6-cm) square or diamond mesh, counting the first 100
meshes (200 bars in the case of square mesh) from the terminus of the
net for vessels greater than 60 ft (18.3 m) in length and counting the
first 50 meshes (100 bars in the case of square mesh) from the terminus
of the net for vessels less than or equal to 60 ft (18.3 m) in length.
Vessels may retain the allowable incidental species listed in paragraph
(j)(10)(i)(D)(1) of this section.
(E) A vessel fishing in the Nantucket Shoals Dogfish Fishery
Exemption Area under the exemption must comply with any additional gear
restrictions specified in the letter of authorization issued by the
Regional Administrator.
(ii) Sea sampling. The Regional Administrator may conduct periodic
sea sampling to determine if there is a need to change the area or
season designation, and to evaluate the bycatch of regulated species.
(11) Scallop Dredge Fishery Exemption within the GOM Small Mesh
Northern Shrimp Fishery 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
scallop permit, may fish in the GOM Small Mesh Northern Shrimp Fishery
Exemption Area when not under a NE multispecies DAS, providing the
vessel complies with the requirements specified in paragraph (a)(11)(i)
of this section. The GOM Scallop Dredge Fishery Exemption Area is the
same as the area defined in paragraph (a)(5) of this section and
designated as the Small Mesh Northern Shrimp Fishery Exemption Area.
(i) Requirements. (A) A vessel fishing in the GOM Scallop Dredge
Fishery Exemption Area specified in paragraph (a)(11) of this section
may not fish for, possess on board, or land any species of fish other
than Atlantic sea scallops.
(B) The combined dredge width in use by or in possession on board
vessels fishing in the GOM Scallop Dredge Fishery Exemption Area shall
not exceed 10.5 ft (3.2 m), measured at the widest point in the bail of
the dredge.
(C) The exemption does not apply to the Cashes Ledge Closure Areas
or the Western GOM Area Closure specified in Sec. 648.81(h) and (i).
(ii) [Reserved]
(12) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area.
A vessel may fish with a dredge in the Nantucket Shoals Mussel and Sea
Urchin Dredge Exemption Area, provided that any dredge on board the
vessel does not exceed 8 ft (2.4 m), measured at the widest point in
the bail of the dredge, and the vessel does not fish for, harvest,
possess, or land any species of fish other than mussels and sea
urchins. The area coordinates of the Nantucket Shoals Mussel and Sea
Urchin Dredge Exemption Area are the same coordinates as those of the
Nantucket Shoals Dogfish Fishery
[[Page 44156]]
Exemption Area specified under paragraph (a)(10) of this section.
(13) GOM/GB Monkfish Gillnet Exemption. Unless otherwise prohibited
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish
and Monkfish Gillnet Fishery Exemption Area when not under a NE
multispecies DAS if the vessel complies with the requirements specified
in paragraph (a)(13)(i) of this section. The GOM/GB Dogfish and
Monkfish Gillnet Fishery Exemption Area is defined by straight lines
connecting the following points in the order stated:
------------------------------------------------------------------------
N. Lat. W. Long.
------------------------------------------------------------------------
41 deg.35'................................. 70 deg.00'
42 deg.49.5'............................... 70 deg.00'
42 deg.49.5'............................... 69 deg.40'
43 deg.12'................................. 69 deg.00'
(\1\)...................................... 69 deg.00'
------------------------------------------------------------------------
\1\ Due north to Maine shoreline.
(i) Requirements. (A) A vessel fishing under this exemption may not
fish for, possess on board, or land any species of fish other than
monkfish, or lobsters in an amount not to exceed 10 percent by weight
of the total catch on board, or 200 lobsters, whichever is less.
(B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm)
diamond mesh throughout the net.
(C) Fishing is confined to July 1 through September 14.
(ii) [Reserved]
(14) GOM/GB Dogfish Gillnet Exemption. Unless otherwise prohibited
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish
and Monkfish Gillnet Fishery Exemption Area when not under a NE
multispecies DAS if the vessel complies with the requirements specified
in paragraph (a)(14)(i) of this section. The area coordinates of the
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area are
specified in paragraph (a)(13) of this section.
(i) Requirements. (A) A vessel fishing under this exemption may not
fish for, possess on board, or land any species of fish other than
dogfish, or lobsters in an amount not to exceed 10 percent by weight of
the total catch on board, or 200 lobsters, whichever is less.
(B) All gillnets must have a minimum mesh size of 6.5-inch (16.5-
cm) diamond mesh throughout the net.
(C) Fishing is confined to July 1 through August 31.
(ii) [Reserved]
(15) Raised Footrope Trawl Exempted Whiting Fishery. Vessels
subject to the minimum mesh size restrictions specified in paragraphs
(a)(3) or (4) of this section may fish with, use, or possess nets in
the Raised Footrope Trawl Whiting Fishery area with a mesh size smaller
than the minimum size specified, if the vessel complies with the
requirements specified in paragraph (a)(15)(i) of this section. The
exemption does not apply to the Cashes Ledge Closure Areas or the
Western GOM Area Closure specified in Sec. 648.81(h) and (i). The
Raised Footrope Trawl Whiting Fishery area (copies of a map depicting
the area are available from the Regional Administrator upon request) is
defined by straight lines connecting the following points in the order
stated:
Raised Footrope Trawl Whiting Fishery Exemption
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
RF 1............................. 42 deg.01.9' 70 deg.14.7'
RF 2............................. 41 deg.59.45' 70 deg.23.65'
RF 3............................. 42 deg.07.85' 70 deg.30.1'
RF 4............................. 42 deg.15.05' 70 deg.08.8'
RF 5............................. 42 deg.08.35' 70 deg.04.05'
RF 6............................. 42 deg.04.75' 70 deg. 16.95'
RF 1............................. 42 deg.01.9' 70 deg.14.7'
------------------------------------------------------------------------
(i) Requirements. (A) A vessel fishing in the Raised Footrope Trawl
Whiting Fishery under this exemption must have on board a valid letter
of authorization issued by the Regional Administrator. To obtain a
letter of authorization, vessel owners must write to or call during
normal business hours the Northeast Region Permit Office and provide
the vessel name, owner name, permit number, and the desired period of
time that the vessel will be enrolled. Since letters of authorization
are effective the day after they are requested, vessel owners should
allow appropriate processing and mailing time. To withdraw from a
category, vessel owners must write to or call the Northeast Region
Permit Office. Withdrawals are effective the day after the date of
request. Withdrawals may occur after a minimum of 7 days of enrollment.
(B) Through April 30, 2003, all nets must comply with a minimum
mesh size of 2.5-inch (6.4-cm) square or diamond mesh, subject to the
restrictions specified in paragraph (a)(15)(i)(D) of this section. An
owner or operator of a vessel enrolled in the raised footrope whiting
fishery may not fish for, possess on board, or land any species of fish
other than whiting and offshore hake subject to the applicable
possession limits as specified in Sec. 648.86, except for the following
allowable incidental species: Red hake; butterfish; dogfish; herring;
mackerel; scup; and squid.
(C) Beginning May 1, 2003, in addition to the requirements
specified in paragraph (a)(15)(i)(B) of this section, all nets must
comply with a minimum mesh size of 3-inch (7.6-cm) square or diamond
mesh, subject to the restrictions as specified in paragraph
(a)(15)(i)(D) of this section. An owner or operator of any vessel
enrolled in the raised footrope whiting fishery may not fish for,
possess on board, or land any species of fish other than: Silver hake
and offshore hake--up to 10,000 lb (4,536 kg); red hake; butterfish;
dogfish; herring; mackerel; scup; and squid.
(D) All nets must comply with the minimum mesh sizes specified in
paragraphs (a)(15)(i)(B) and (C) of this section. Counting from the
terminus of the net, the minimum mesh size is applied to the first 100
meshes (200 bars in the case of square mesh) from the terminus of the
net for vessels greater than 60 ft (18.3 m) in length and is applied to
the first 50 meshes (100 bars in the case of square mesh) from the
terminus of the net for vessels less than or equal to 60 ft (18.3 m) in
length.
(E) Raised footrope trawl gear is required and must be configured
as specified in paragraphs (a)(9)(ii)(A) through (D) of this section.
(F) Fishing may only occur from September 1 through November 20 of
each fishing year.
(G) A vessel enrolled in the Raised Footrope Trawl Whiting Fishery
may fish for small-mesh multispecies in exempted fisheries outside of
the Raised Footrope Trawl Whiting Fishery exemption area, provided that
the vessel complies with the more restrictive gear, possession limit
and other requirements specified in the regulations of that exempted
fishery for the entire participation period specified on the vessel's
letter of authorization. For example, a vessel may fish in both the
Raised Footrope Trawl Whiting Fishery and the Cultivator Shoal Whiting
Fishery Exemption Area and would be restricted to a minimum mesh size
of 3 inches (7.6 cm), as required in the Cultivator Shoal Whiting
Fishery Exemption Area, the use of the raised footrope trawl, and the
catch and bycatch restrictions of the Raised Footrope Trawl Whiting
Fishery, except for red hake, which is restricted to 10 percent of the
total catch under the Cultivator Shoal Whiting Fishery.
(ii) Sea sampling. The Regional Administrator shall conduct
periodic sea sampling to evaluate the bycatch of regulated species.
(16) GOM/GB Exemption Area--Area definition. The GOM/GB Exemption
Area (copies of a map depicting this area are available from the
Regional Administrator upon request) is that area:
(i) Bounded on the east by the U.S.-Canada maritime boundary,
defined by
[[Page 44157]]
straight lines connecting the following points in the order stated:
Gulf of Maine/Georges Bank Exemption Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
G1................................ (\1\) (\1\)
G2................................ 43 deg.58' 67 deg.22'
G3................................ 42 deg.53.1' 67 deg.44.4'
G4................................ 42 deg.31' 67 deg.28.1'
G5................................ 41 deg.18.6' 66 deg.24.8'
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime
Boundary.
(ii) Bounded on the south by straight lines connecting the
following points in the order stated:
----------------------------------------------------------------------------------------------------------------
Point N. lat. W. long. Approximate loran C bearings
----------------------------------------------------------------------------------------------------------------
G6.................................. 40 deg.55.5' 66 deg.38' 5930-Y-30750 and 9960-Y-
43500.
G7.................................. 40 deg.45.5' 68 deg.00' 9960-Y-43500 and 68 deg.00'
W. lat.
G8.................................. 40 deg.37' 68 deg.00' 9960-Y-43450 and 68 deg.00'
W. lat.
G9.................................. 40 deg.30' 69 deg.00'
NL3................................. 40 deg.22.7' 69 deg.00'
NL2................................. 40 deg.18.7' 69 deg.40'
NL1................................. 40 deg.50' 69 deg.40'
G11................................. 40 deg.50' 70 deg.00'
G12................................. ..................... \1\70 deg.00'
----------------------------------------------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland Massachusetts.
(b) Southern New England (SNE) Regulated Mesh Area--(1) Area
definition. The SNE Regulated Mesh Area (copies of a map depicting this
area are available from the Regional Administrator upon request) is
that area:
(i) Bounded on the east by the western boundary of the Georges Bank
Regulated Mesh Area described under Sec. 648.80(a)(2)(iii); and
(ii) Bounded on the west by a line beginning at the intersection of
74 deg.00' W. long. and the south facing shoreline of Long Island, NY,
and then running southward along the 74 deg.00' W. long. line.
(2) Gear restrictions--(i) Vessels using trawls. Except as provided
in paragraphs (b)(2)(i) and (vi) of this section, 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 section Sec. 648.23(b), except midwater trawl,
on a vessel or used by a vessel fishing under a DAS in the NE
multispecies DAS program 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 7-inch (17.8-cm) diamond mesh or 6.5-inch (16.5-cm) square
mesh applied to the codend of the net, as defined under paragraph
Sec. 648.80(a)(3)(i). 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.
(ii) Vessels using Scottish seine, midwater trawl, and purse seine.
Except as provided in paragraphs (b)(2)(ii) and (vi) of this section,
the minimum mesh size for any Scottish seine, midwater trawl, or purse
seine, not stowed and not available for immediate use in accordance
with section Sec. 648.23(b), on a vessel or used by a vessel fishing
under a DAS in the NE multispecies DAS program 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 net, or any combination thereof. 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.
(iii) Large-mesh vessels. When fishing in the SNE Regulated Mesh
Area, the minimum mesh size for any trawl net vessel, or sink gillnet,
not stowed and not available for immediate use in accordance with
section Sec. 648.23(b) on a vessel or used by a vessel fishing under a
DAS in the Large-mesh DAS program, specified in Sec. 648.82(b)(6) and
(7), is 8.5-inch (21.6) diamond or square mesh 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.
(iv) Vessels using sink gillnets. The minimum mesh size for any
sink gillnet, not stowed and not available for immediate use in
accordance with section Sec. 648.23(b), when fishing under a DAS in the
NE multispecies DAS program 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.
(v) Hook-gear restrictions. Vessels fishing with a valid NE
multispecies limited access Hook-gear permit and fishing under a
multispecies DAS in the SNE Regulated Mesh Area, and persons on such
vessels, are prohibited from possessing gear other than hook gear on
board the vessel and are prohibited from fishing, setting, or hauling
back, per day, or possessing on board the vessel, more than 2,000
rigged hooks. All hooks must be circle hooks, of a minimum size of 12/
0. An unbaited hook and gangion that has not been secured to the ground
line of the trawl on board a vessel is deemed to be a replacement hook
and is not counted toward the 2,000-hook limit. A ``snap-on'' hook is
deemed to be a replacement hook if it is not rigged or baited. The use
of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) spacing
between the fairlead rollers is prohibited.
(vi) Other restrictions and exemptions. Vessels are prohibited from
fishing in the SNE Exemption Area as defined in paragraph (b)(10) of
this section, except if fishing with exempted gear (as defined under
this part) or under the exemptions specified in paragraphs (b)(3),
(b)(5) through (9), (c), (e), (h) and (i) of this section, or if
fishing under a NE multispecies DAS, if fishing under the Small Vessel
exemption specified in Sec. 648.82(b)(3), 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 pursuant to a NE multispecies open access Charter/Party or
Handgear permit, or if fishing as a
[[Page 44158]]
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).
(3) Exemptions--(i) Species exemptions. (A) Through April 30, 2003,
owners and operators of vessels subject to the minimum mesh size
restrictions specified in paragraphs (a)(4) and (b)(2) of this section,
may fish for, harvest, possess, or land butterfish, dogfish (trawl
only), herring, Atlantic mackerel, ocean pout, scup, shrimp, squid,
summer flounder, silver hake and offshore hake, and weakfish with nets
of a mesh size smaller than the minimum size specified in the GB and
SNE Regulated Mesh Areas when fishing in the SNE Exemption Area defined
in paragraph (b)(10) of this section, provided such vessels comply with
requirements specified in paragraph (b)(3)(ii) of this section and with
the mesh size and possession limit restrictions specified under
Sec. 648.86(d).
(B) Beginning May 1, 2003, owners and operators of vessels subject
to the minimum mesh size restrictions specified in paragraph (b)(2) of
this section may not use nets with mesh size less than 3 inches (7.6
cm), unless exempted pursuant to paragraph (b)(4) of this section, and
may fish for, harvest, possess, or land butterfish, dogfish (trawl
only), herring, Atlantic mackerel, ocean pout, scup, shrimp, squid,
summer flounder, silver hake and offshore hake--up to 10,000 lb (4,536
kg), and weakfish with nets of a mesh size smaller than the minimum
size specified in the SNE Regulated Mesh Area, provided such vessels
comply with requirements specified in paragraph (b)(3)(ii) of this
section and with the possession limit restrictions specified under
Sec. 648.86. Nets may not have a mesh size of less than 3-inch (7.6-cm)
square or diamond mesh, counting the first 100 meshes (200 bars in the
case of square mesh) from the terminus of the net for vessels greater
than 60 ft (18.3 m) in length, and counting the first 50 meshes (100
bars in the case of square mesh) from the terminus of the net for
vessels less than or equal to 60 ft (18.3 m) in length.
(ii) Possession and net stowage requirements. Vessels may possess
regulated species while in possession of nets with mesh smaller than
the minimum size specified in paragraph (a)(4) and (b)(2) of this
section when fishing in the SNE Exemption Area defined in paragraph
(b)(10) of this section, provided that such nets are stowed and are not
available for immediate use in accordance with Sec. 648.23(b), and
provided that regulated species were not harvested by nets of mesh size
smaller than the minimum mesh size specified in paragraphs (a)(4) and
(b)(2) of this section. Vessels fishing for the exempted species
identified in paragraph (b)(3)(i) of this section may also possess and
retain the following species, with the restrictions noted, as
incidental take to these exempted fisheries: Conger eels; sea robins;
black sea bass; red hake; tautog (blackfish); blowfish; cunner; John
Dory; mullet; bluefish; tilefish; longhorn sculpin; fourspot flounder;
alewife; hickory shad; American shad; blueback herring; sea raven;
Atlantic croaker; spot; swordfish; monkfish and monkfish parts--up to
10 percent, by weight, of all other species on board or up to 50 lb (23
kg) tail-weight/166 lb (75 kg) whole weight of monkfish per trip, as
specified in Sec. 648.94(c)(4), whichever is less; American lobster--up
to 10 percent, by weight, of all other species on board or 200
lobsters, whichever is less; and skate and skate parts--up to 10
percent, by weight, of all other species on board.
(4) Addition or deletion of exemptions. Same as under paragraph
(a)(8) of this section.
(5) SNE Monkfish and Skate Trawl Exemption Area. Unless otherwise
required by monkfish regulations under this part, a vessel may fish
with trawl gear in the SNE Monkfish and Skate Trawl Fishery Exemption
Area when not operating under a NE multispecies DAS if the vessel
complies with the requirements specified in paragraph (b)(5)(i) of this
section and the monkfish regulations, as applicable under this part.
The SNE Monkfish and Skate Trawl Fishery Exemption Area is defined as
the area bounded on the north by a line extending eastward along
40 deg.10' N. lat., and bounded on the west by the western boundary of
the SNE Exemption Area as defined in paragraph (b)(10)(ii) of this
section.
(i) Requirements. (A) A vessel fishing under this exemption may
only fish for, possess on board, or land monkfish, skates, and the
incidentally caught species and amounts specified in paragraph (b)(3)
of this section.
(B) All trawl nets must have a minimum mesh size of 8-inch (20.3-
cm) square or diamond mesh throughout the codend for at least 45
continuous meshes forward of the terminus of the net.
(ii) [Reserved]
(6) SNE Monkfish and Skate Gillnet Exemption Area. Unless otherwise
required by monkfish regulations under this part, a vessel may fish
with gillnet gear in the SNE Monkfish and Skate Gillnet Fishery
Exemption Area when not operating under a NE multispecies DAS if the
vessel complies with the requirements specified in paragraph (b)(6)(i)
of this section and the monkfish regulations, as applicable under
Sec. 648.91 through 94. The SNE Monkfish and Skate Gillnet Fishery
Exemption Area is defined by a line running from the Massachusetts
shoreline at 41 deg.35' N. lat. and 70 deg.00' W. long., south to its
intersection with the outer boundary of the EEZ, southwesterly along
the outer boundary of the EEZ, and bounded on the west by the western
boundary of the SNE Exemption Area as defined in paragraph (b)(10)(ii)
of this section.
(i) Requirements. (A) A vessel fishing under this exemption may
only fish for, possess on board, or land monkfish, skates, and the
bycatch species and amounts specified in paragraph (b)(3) of this
section.
(B) All gillnets must have a minimum mesh size of 10-inch (25.4-cm)
diamond mesh throughout the net.
(C) All nets with a mesh size smaller than the minimum mesh size
specified in paragraph (b)(6)(i)(B) of this section must be stowed as
specified in Sec. 648.23(b).
(ii) [Reserved]
(7) SNE Dogfish Gillnet Exemption Area. Unless otherwise required
by monkfish regulations under this part a gillnet vessel may fish in
the SNE Dogfish Gillnet Fishery Exemption Area when not operating under
a NE multispecies DAS if the vessel complies with the requirements
specified in paragraph (b)(7)(i) of this section and the applicable
dogfish regulations under sub-part (L). The SNE Dogfish Gillnet Fishery
Exemption Area is defined by a line running from the Massachusetts
shoreline at 41 deg.35' N. lat. and 70 deg.00' W. long. south to its
intersection with the outer boundary of the EEZ, southwesterly along
the outer boundary of the EEZ, and bounded on the west by the western
boundary of the SNE Exemption Area as defined in paragraph (b)(10)(ii)
of this section.
(i) Requirements. (A) A vessel fishing under this exemption may
only fish for, possess on board, or land dogfish and the bycatch
species and amounts specified in paragraph (b)(3) of this section.
(B) All gillnets must have a minimum mesh size of 6-inch (15.2-cm)
diamond mesh throughout the net.
(C) Fishing is confined to May 1 through October 31.
(ii) [Reserved]
(8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish
with a dredge in the SNE Exemption
[[Page 44159]]
Area, as defined in paragraph (b)(10) of this section, provided that
any dredge on board the vessel does not exceed 8 ft (2.4 m) measured at
the widest point in the bail of the dredge, and the vessel does not
fish for, harvest, possess, or land any species of fish other than
mussels and sea urchins.
(9) SNE Little Tunny Gillnet Exemption Area. A vessel may fish with
gillnet gear in the SNE Little Tunny Gillnet Exemption Area when not
operating under a NE multispecies DAS with mesh size smaller than the
minimum required in the SNE Regulated Mesh Area, if the vessel complies
with the requirements specified in paragraph (b)(9)(i) of this section.
The SNE Little Tunny Gillnet Exemption Area is defined by a line
running from the Rhode Island shoreline at 41 deg.18.2' N. lat. and
71 deg. 51.5' W. long. (Watch Hill, RI) southwesterly through Fishers
Island, NY; to Race Point, Fishers Island, NY; and from Race Point,
Fishers Island, NY; southeasterly to 41 deg.06.5' N. lat. and
71 deg.50.2' W. long.; east-northeast through Block Island, RI, to
41 deg.15' N. lat. and 71 deg.07' W. long.; then due north to the
intersection of the RI-MA shoreline.
(i) Requirements. (A) A vessel fishing under this exemption may
fish only for, possess on board, or land little tunny and the allowable
incidental species and amounts specified in paragraph (b)(3) of this
section and, if applicable, paragraph (b)(9)(i)(B) of this section.
Vessels fishing under this exemption may not possess regulated species.
(B) reserved
(C) The vessel must have a letter of authorization issued by the
Regional Administrator on board.
(D) All gillnets must have a minimum mesh size of 5.5-inch (14.0-
cm) diamond mesh throughout the net.
(E) All nets with a mesh size smaller than the minimum mesh size
specified in paragraph (b)(9)(i)(D) of this section must be stowed in
accordance with one of the methods described under Sec. 648.23(b) while
fishing under this exemption.
(F) Fishing is confined to September 1 through October 31.
(ii) The Regional Administrator shall conduct periodic sea sampling
to evaluate the likelihood of gear interactions with protected
resources.
(10) SNE Exemption Area--Area definition. The SNE Exemption Area
(copies of a map depicting this area are available from the Regional
Administrator upon request) is that area:
(i) Bounded on the east by straight lines connecting the following
points in the order stated:
Southern New England Exemption Area
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
G5................................ 41 deg.18.6' 66 deg.24.8'
G6................................ 40 deg.55.5' 66 deg.38'
G7................................ 40 deg.45.5' 68 deg.00'
G8................................ 40 deg.37' 68 deg.00'
G9................................ 40 deg.30.5' 69 deg.00'
NL3............................... 40 deg.22.7' 69 deg.00'
NL2............................... 40 deg.18.7' 69 deg.40'
NL1............................... 40 deg.50' 69 deg.40'
G11............................... 40 deg.50' 70 deg.00'
G12............................... ................. 70 deg.00'\1\
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland
Massachusetts.
(ii) Bounded on the west by a line running from the Rhode Island
shoreline at 41 deg.18.2' N. lat. and 71 deg.51.5' W. long. (Watch
Hill, RI) southwesterly through Fishers Island, NY, to Race Point,
Fishers Island, NY; and from Race Point, Fishers Island, NY,
southeasterly to the intersection of the 3-nautical mile line east of
Montauk Point; southwesterly along the 3-nautical mile line to the
intersection of 72 deg.30' W. long., and south along that line to the
intersection of the outer boundary of the EEZ.
(c) * * *
(1) Area definition. The Mid-Atlantic Regulated Mesh Area is that
area bounded on the east by the western boundary of the SNE Regulated
Mesh Area, described under Sec. 648.80(b)(1)(ii).
(2) * * *
(ii) Large-mesh vessels. When fishing in the Mid-Atlantic Regulated
Mesh Area, the minimum mesh size for any trawl net vessel, or sink
gillnet, not stowed and not available for immediate use in accordance
with section Sec. 648.23(b), on a vessel or used by a vessel fishing
under a DAS in the Large-mesh DAS program, specified in
Sec. 648.82(b)(6) and (7), is 7.5-inch (19.0-cm) diamond mesh or 8.0-
inch (20.3-cm) square mesh 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.
* * * * *
(iv) Hook-gear restrictions. Vessels fishing with a valid NE
multispecies limited access Hook-gear permit and fishing under a NE
multispecies DAS in the Mid-Atlantic Regulated Mesh Area, and persons
on such vessels, are prohibited from possessing gear other than hook
gear on board the vessel and are prohibited from fishing, setting, or
hauling back, per day, or possessing on board the vessel, more than
4,500 rigged hooks. An unbaited hook and gangion that has not been
secured to the ground line of the trawl on board a vessel is deemed to
be a replacement hook and is not counted toward the 4,500-hook limit. A
``snap-on'' hook is deemed to be a replacement hook if it is not rigged
or baited. The use of de-hookers (``crucifiers'') with less than 6-inch
(15.2-cm) spacing between the fairlead rollers is prohibited.
* * * * *
(5) Mid-Atlantic Exemption Area. The Mid-Atlantic Exemption Area is
that area that lies west of the SNE Exemption Area defined in paragraph
(b)(10) of this section.
(d) * * *
(2) When fishing under this exemption in the GOM/GB Exemption Area
as defined in paragraph (a)(16) of this section, and in the area
described in Sec. 648.81(c)(1), the vessel has on board a letter of
authorization issued by the Regional Administrator, and complies with
all restrictions and conditions thereof;
* * * * *
(e) * * *
(2) When fishing under this exemption in the GOM/GB Exemption Area
as defined in paragraph (a)(16) of this section, the vessel has on
board a letter of authorization issued by the Regional Administrator;
* * * * *
(h) * * *
(1) Except as provided in paragraph (h)(2) of this section, a
scallop vessel that possesses a limited access scallop permit and
either a NE multispecies combination vessel permit or a scallop/
multispecies possession limit permit, and that is fishing under a
scallop DAS allocated under Sec. 648.53, may possess and land up to 300
lb (136.1 kg) of regulated species per trip, provided that the amount
of regulated species on board the vessel does not exceed the trip
limits specified in Sec. 648.86, and provided the vessel has at least
one standard tote on board, unless otherwise restricted by
Sec. 648.86(a)(2).
* * * * *
(i) * * *
(8) The vessel does not fish for, possess, or land any species of
fish other than winter flounder and the exempted small-mesh species
specified under paragraphs (a)(5)(i), (a)(9)(i), (b)(3), and (c)(4) of
this section when fishing in the areas specified under paragraphs
(a)(5), (a)(9), (b)(10), and (c)(5) of this section, respectively.
Vessels fishing under this exemption in New York and Connecticut state
waters may also
[[Page 44160]]
possess and retain skate as incidental take in this fishery.
* * * * *
7. In Sec. 648.81, paragraphs (d), (g)(1), (g)(2)(iii) through (v),
(h), (i) and (n) are revised to read as follows:
Sec. 648.81 Closed areas.
* * * * *
(d) Transiting. A vessel may transit Closed Area I, the Nantucket
Lightship Closed Area, the GOM Rolling Closure Areas, the Cashes Ledge
Closure Area, the Western GOM Area Closure, and the GB Seasonal Area
Closure, as defined in paragraphs (a)(1), (c)(1), (g)(1), (h)(1),
(i)(1) and (n)(1), respectively, of this section, provided that its
gear is stowed in accordance with the provisions of Sec. 648.23(b).
* * * * *
(g) GOM Rolling Closure Areas. (1) No fishing vessel or person on a
fishing vessel may enter, fish in, or be in; and no fishing gear
capable of catching NE multispecies, unless otherwise allowed in this
part, may be in, or on board a vessel in GOM Rolling Closure Areas I
through V, as described in paragraphs (g)(1)(i) through (v) of this
section, for the times specified in paragraphs (g)(1)(i) through (v) of
this section, except as specified in paragraphs (d) and (g)(2) of this
section. A chart depicting these areas is available from the Regional
Administrator upon request.
(i) Rolling Closure Area I. From March 1 through March 31, the
restrictions specified in paragraph (g)(1) of this section apply to
Rolling Closure Area I, which is the area bounded by straight lines
connecting the following points in the order stated:
Rolling closure Area I
[March 1-March 31]
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
GM3............................... 42 deg.00' (\1\)
GM5............................... 42 deg.00' 68 deg.30'
GM6............................... 42 deg.30' 68 deg.30'
GM23.............................. 42 deg.30' 70 deg.00'
------------------------------------------------------------------------
\1\ Cape Cod shoreline on the Atlantic Ocean.
(ii) Rolling Closure Area II. From April 1 through April 30, the
restrictions specified in paragraph (g)(1) of this section apply to
Rolling Closure Area II, which is the area bounded by straight lines
connecting the following points in the order stated:
Rolling Closure Area II
[April 1-April 30]
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
GM1............................... 42 deg.00' (\1\)
GM2............................... 42 deg.00' (\2\)
GM3............................... 42 deg.00' (\3\)
GM5............................... 42 deg.00' 68 deg.30'
GM6............................... 42 deg.30' 68 deg.30'
GM9............................... 42 deg.30' (\1\)
------------------------------------------------------------------------
\1\ 1 Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
(iii) Rolling Closure Area III. From May 1 through May 31, the
restrictions specified in paragraph (g)(1) of this section apply to
Rolling Closure Area III, which is the area bounded by straight lines
connecting the following points in the order stated:
Rolling Closure Area III
[May 1-May 31]
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
GM1............................... 42 deg.00' (\1\)
GM2............................... 42 deg.00' (\2\)
GM3............................... 42 deg.00' (\3\)
GM4............................... 42 deg.00' 70 deg.00'
GM23.............................. 42 deg.00' 70 deg.00'
GM6............................... 42 deg.30' 68 deg.30'
GM14.............................. 43 deg.30' 68 deg.30'
GM10.............................. 43 deg.30' (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.
(iv) Rolling Closure Area IV. From June 1 through June 30, the
restrictions specified in paragraph (g)(1) of this section apply to
Rolling Closure Area IV, which is the area bounded by straight lines
connecting the following points in the order stated:
Rolling Closure Area IV
[June 1-June 30]
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
GM9............................ 42 deg.30' (\1\)
GM23........................... 42 deg.30' 70 deg.00'
GM17........................... 43 deg.30' 70 deg.00'
GM19........................... 43 deg.30' 67 deg.32' or (\2\)
GM20........................... 44 deg.00' 67 deg.21' or (\2\)
GM21........................... 44 deg.00' 69 deg.00'
GM22........................... (\3\) 69 deg.00'
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ U.S.-Canada maritime boundary.
\3\ Maine shoreline.
(v) Rolling Closure Area V. From October 1 through November 30, the
restrictions specified in paragraph (g)(1) of this section apply to
Rolling Closure Area V, which is the area bounded by straight lines
connecting the following points in the order stated:
Rolling Closure Area V
[October 1-November 30]
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
GM1 42 deg.00'.................... (\1\)
GM2 42 deg.00'.................... (\2\)
GM3 42 deg.00'.................... (\3\)
GM4 42 deg.00'.................... 70 deg.00'
GM8 42 deg.30'.................... 70 deg.00'
GM9 42 deg.30'.................... (\1\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
(2) * * *
(iii) * * *
(A) For vessels fishing under charter/party regulations in a
Rolling Closure Area described under Sec. 648.81(g)(1), it has on board
a letter of authorization issued by the Regional Administrator, which
is valid from the date of enrollment through the duration of the
closure or 3 months duration, whichever is greater; For vessels fishing
under charter/party regulations in the Cashes Ledge Closure Area or
Western Gulf of Maine Area Closure, as described under Sec. 648.81(h)
and (i), respectively, it has on board a letter of authorization issued
by the Regional Administrator, which is valid from the date of
enrollment until the end of the fishing year.
(B) Fish harvested or possessed by the vessel are not sold or
intended for trade, barter or sale, regardless of where the fish are
caught;
(C) The vessel has no gear other than rod and reel or handline on
board; and
(D) The vessel does not use any NE multispecies DAS during the
entire period for which the letter of authorization is valid.
(iv) That are fishing with or using scallop dredge gear when
fishing under a scallop DAS or when lawfully fishing in the Scallop
Dredge Fishery Exemption Area as described in Sec. 648.80(a)(11),
provided the vessel does not retain any regulated NE multispecies
during a trip, or on any part of a trip.
(v) That are fishing in the Raised Footrope Trawl Exempted Whiting
Fishery, as specified in Sec. 648.80(a)(15), and in the GOM Rolling
Closure Area V, as specified in paragraph (g)(1)(v) of this section.
(h) Cashes Ledge Closure Area. (1) No fishing vessel or person on a
fishing vessel may enter, fish in, or be in, and no fishing gear
capable of catching NE multispecies, unless otherwise allowed in this
part, may be in, or on board a vessel in the area known as the Cashes
Ledge Closure Area, as defined by straight lines connecting the
following points in the order stated:
[[Page 44161]]
Cashes Ledge Closure Area\1\
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
CL1.............................. 43 deg.07' 69 deg.02'
CL2.............................. 42 deg.49.5' 68 deg.46'
CL3.............................. 42 deg.46.5' 68 deg.50.5'
CL4.............................. 42 deg.43.5' 68 deg.58.5'
CL5.............................. 42 deg.42.5' 69 deg.17.5'
CL6.............................. 42 deg.49.5' 69 deg.26'
CL1.............................. 43 deg.07' 69 deg.02'
------------------------------------------------------------------------
\1\ A chart depicting this area is available from the Regional
Administrator upon request (see Table 1 to Sec. 600.502 of this
chapter).
(2) Paragraph (h)(1) of this section does not apply to persons on
fishing vessels or fishing vessels that meet the criteria in paragraphs
(g)(2)(ii) and (iii) of this section.
(i) Western GOM Area Closure. (1) No fishing vessel or person on a
fishing vessel may enter, fish in, or be in, and no fishing gear
capable of catching NE multispecies, unless otherwise allowed in this
part, may be in, or on board a vessel in, the area known as the Western
GOM Area Closure, as defined by straight lines connecting the following
points in the order stated, except as specified in paragraphs (d) and
(i)(2) of this section:
Western GOM Area Closure\1\
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
WGM1.............................. 42 deg.15' 70 deg.15'
WGM2.............................. 42 deg.15' 69 deg.55'
WGM3.............................. 43 deg.15' 69 deg.55'
WGM4.............................. 43 deg.15' 70 deg.15'
WGM1.............................. 42 deg.15' 70 deg.15'
------------------------------------------------------------------------
\1\ A chart depicting this area is available from the Regional
Administrator upon request (see Table 1 to Sec. 600.502 of this
chapter).
(2) Paragraph (i)(1) of this section does not apply to persons on
fishing vessels or fishing vessels that meet the criteria in paragraphs
(g)(2)(ii) and (iii) of this section.
* * * * *
(n) GB Seasonal Closure Area. (1) From May 1 through May 31, no
fishing vessel or person on a fishing vessel may enter, fish in, or be
in, and no fishing gear capable of catching NE multispecies, unless
otherwise allowed in this part, may be in the area known as the GB
Seasonal Closure Area, as defined by the straight lines connecting the
following points in the order stated, except as specified in paragraphs
(d) and (n)(2) of this section:
Georges Bank Seasonal Closure Areas
[May 1--May 31]
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
GB1............................... 42 deg.00' (\1\)
GB2............................... 42 deg.00' 68 deg.30'
GB3............................... 42 deg.20' 68 deg.30'
GB4............................... 42 deg.20' 67 deg.20'
GB5............................... 41 deg.30' 67 deg.20'
CI1............................... 41 deg.30' 69 deg.23'
CI2............................... 40 deg.45' 68 deg.45'
CI3............................... 40 deg.45' 68 deg.30'
GB6............................... 40 deg.30' 68 deg.30'
GB7............................... 40 deg.30' 69 deg.00'
G10............................... 40 deg.50' 69 deg.00'
GB8............................... 40 deg.50' 69 deg.30'
GB9............................... 41 deg.00' 69 deg.30'
GB10.............................. 41 deg.00' 70 deg.00'
G12............................... (\1\) 70 deg.00'
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of Mainland
Massachusetts.
(2) Paragraph (n)(1) of this section does not apply to persons on
fishing vessels or to fishing vessels:
(i) That meet the criteria in paragraphs (g)(2)(i) or (ii) of this
section;
(ii) That are fishing as charter/party or recreational vessels; or
(iii) That are fishing with or using scallop dredge gear when
fishing under a scallop DAS or when lawfully fishing in the Scallop
Dredge Fishery Exemption Area as described in Sec. 648.80(a)(11),
provided the vessel uses an 8-inch (20.3-cm) twine top and complies
with the NE multispecies possession restrictions for scallop vessels
specified at Sec. 648.80(h).
8. In Sec. 648.82, paragraph (b); introductory text of paragraphs
(k) and (k)(1), paragraphs (k)(1)(i), (k)(1)(ii), and (k)(2) are
revised; paragraphs (k)(1)(vi) and (vii) are removed; and paragraphs
(k)(3) through (5), and paragraph (l) are added to read as follows:
Sec. 648.82 Effort-control program for multispecies limited access
vessels.
* * * * *
(b) DAS program--permit categories and allocations. All limited
access NE multispecies permit holders shall be assigned to one of the
following DAS permit categories according to the criteria specified.
For the fishing year 2002 only, permit holders that may request a
change in permit category, as specified in Sec. 648.4(a)(1)(i)(I)(2),
and that were issued a limited access permit prior to August 1, 2002,
may request a change in permit category one time prior to either August
31, or within 45 days of permit issuance, whichever date is later. For
the fishing year 2003 permit holders may request a change in permit
category as specified in Sec. 648.4(a)(1)(i)(I)(2). Each fishing year
shall begin on May 1 and extend through April 30 of the following year.
Beginning August 1, 2002, with the exception of the Small Vessel
category described in paragraph (b)(3) of this section, NE multispecies
DAS available for use will be calculated as described below.
(1) Individual DAS category--DAS allocation. Beginning August 1,
2002, for a vessel fishing under the Individual DAS category, NE
multispecies DAS available for use for the May 1, 2002, through April
30, 2003, fishing year, and for the next fishing year, will be
calculated based upon the fishing history associated with the vessel's
permit, as described in paragraph (l)(1) of this section, as reduced as
specified in paragraph (l)(2) of this section.
(2) Fleet DAS category--DAS allocation. Beginning August 1, 2002,
for a vessel fishing under the Fleet DAS category, NE multispecies DAS
available for use for the May 1, 2002, through April 30, 2003, fishing
year, and for the next fishing year, will be calculated based upon the
fishing history associated with the vessel's permit, as described in
paragraph (l)(1) of this section, as reduced as specified in paragraph
(l)(2) of this section.
(3) Small Vessel category--(i) DAS allocation. A vessel qualified
and electing to fish under the Small Vessel category may retain up to
300 lb (136.1 kg) of cod, haddock, and yellowtail flounder, combined,
and one Atlantic halibut per trip, without being subject to DAS
restrictions, provided the vessel does not exceed the yellowtail
flounder possession restrictions specified under Sec. 648.86(h). Such a
vessel is not subject to a possession limit for other NE multispecies.
Any vessel may elect to switch into this category, as provided in
Sec. 648.4(a)(1)(i)(I)(2), if such vessel meets or complies with the
following:
(ii) The vessel is 30 ft (9.1 m) or less in length overall as
determined by measuring along a horizontal line drawn from a
perpendicular raised from the outside of the most forward portion of
the stem of the vessel to a perpendicular raised from the after most
portion of the stern.
(iii) If construction of the vessel was begun after May 1, 1994,
the vessel must be constructed such that the quotient of the overall
length divided by the beam is not less than 2.5.
(iv) Acceptable verification for vessels 20 ft (6.1 m) or less in
length shall be USCG documentation or state registration papers. For
vessels over 20 ft (6.1 m) in length, the measurement of length must be
verified in writing by a qualified marine surveyor, or the builder,
based on the vessel's construction plans, or by other means
[[Page 44162]]
determined acceptable by the Regional Administrator. A copy of the
verification must accompany an application for a NE multispecies
permit.
(v) Adjustments to the Small Vessel category requirements,
including changes to the length requirement, if required to meet
fishing mortality goals, may be made by the Regional Administrator
following framework procedures of Sec. 648.90.
(4) Hook-Gear category--DAS allocation. Beginning August 1, 2002,
for a vessel fishing under the Hook-gear category, NE multispecies DAS
available for use for the May 1, 2002, through April 30, 2003, fishing
year, and for the next fishing year, will be calculated based upon the
fishing history associated with the vessel's permit, as described in
paragraph (l)(1) of this section, as reduced as specified in paragraph
(l)(2) of this section. A vessel fishing under this category in the DAS
program must meet or comply with the gear restrictions specified under
Sec. 648.80(a)(3)(vii), (a)(4)(ii), (b)(2)(v) and (c)(2)(iv) when
fishing in the respective regulated mesh areas.
(5) Combination vessel category--DAS allocation. Beginning August
1, 2002, for a vessel fishing under the Combination Vessel category, NE
multispecies DAS available for use for the May 1, 2002, through April
30, 2003, fishing year, and for the next fishing year, will be
calculated based upon the fishing history associated with the vessel's
permit, as described in paragraph (l)(1) of this section, as reduced as
specified in paragraph (l)(2) of this section.
(6) Large Mesh Individual DAS category--DAS allocation. Beginning
August 1, 2002, for a vessel fishing under the Large Mesh Individual
DAS category, NE multispecies DAS available for use for the May 1,
2002, through April 30, 2003, fishing year, and for the next fishing
year, will be calculated based upon the fishing history associated with
the vessel's permit, as described in paragraph (l)(1) of this section,
as reduced as specified in paragraph (l)(2) of this section, and then
increased by 36 percent. To be eligible to fish under the Large Mesh
Individual DAS category, a vessel, while fishing under this category,
must fish under the specific regulated mesh area minimum mesh size
restrictions, as specified in paragraphs (a)(3)(iii), (a)(4)(iii),
(b)(2)(iii) and (c)(2)(ii) of this section.
(7) Large Mesh Fleet DAS category--DAS allocation. Beginning August
1, 2002, for a vessel fishing under the Large Mesh Fleet DAS category,
NE multispecies DAS available for use for the May 1, 2002, through
April 30, 2003, fishing year, and for the next fishing year , will be
calculated based upon the fishing history associated with the vessel's
permit, as described in paragraph (l)(1) of this section, as reduced as
specified in paragraph (l)(2) of this section, and then increased by 36
percent. To be eligible to fish under the Large Mesh Fleet DAS
category, a vessel, while fishing under this category, must fish under
the specific regulated mesh area minimum mesh size restrictions, as
specified in paragraphs (a)(3)(iii), (a)(4)(iii), (b)(2)(iii) and
(c)(2)(ii) of this section.
* * * * *
(k) Gillnet restrictions. Beginning August 1, 2002, vessels issued
a limited access NE multispecies permit and fishing under a NE
multispecies DAS with gillnet gear must obtain an annual designation as
either a Day or Trip gillnet vessel as described in
Sec. 648.4(c)(2)(iii).
(1) Day gillnet vessels. A Day gillnet vessel fishing with gillnet
gear under a multispecies DAS is not required to remove gear from the
water upon returning to the dock and calling-out of the DAS program,
provided the vessel complies with the restrictions specified in
paragraphs (k)(1)(i) through (v) 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.
(i) Number and size of nets. Vessels may not fish with, haul,
possess, or deploy more than the number of nets specified in paragraphs
(k)(1)(i)(A) through (D) of this section, when fishing in the
respective regulated mesh areas, provided the nets are tagged in
accordance with paragraph (k)(1)(ii) of this section, unless otherwise
specified in this paragraph. Such vessels, in accordance with
Sec. 648.23(b), may stow additional nets not to exceed 160, counting
deployed nets. Nets may not be longer than 300 ft (91.4 m), or 50
fathoms, in length.
(A) A Day gillnet vessel fishing under a NE multispecies DAS and
fishing in the GOM Regulated Mesh Area, as described in
Sec. 648.80(a)(1), may not fish with, haul, possess, or deploy more
than 50 roundfish gillnets or 100 flatfish gillnets, except as provided
in Sec. 648.92(b)(8)(i). Vessels may fish any combination of roundfish
and flatfish gillnets up to 100 nets, provided that the number of
roundfish and flatfish gillnets does not exceed the limitations
specified in this paragraph (k)(1)(i)(A).
(B) A Day gillnet vessel fishing under a NE multispecies DAS and
fishing in the GB Regulated Mesh Area as described in
Sec. 648.80(a)(2), may not fish with, haul, possess, or deploy more
than 50 nets, except as provided in Sec. 648.92(b)(8)(i). Vessels may
fish any combination of roundfish and flatfish gillnets, up to 50 nets.
(C) A Day gillnet vessel fishing under a NE multispecies DAS and
fishing in the SNE Regulated Mesh Area as described in
Sec. 648.80(b)(1), may not fish with, haul, possess, or deploy more
than 75 nets, except as provided in Sec. 648.92(b)(8)(i). Vessels may
fish any combination of roundfish and flatfish gillnets, up to 75 nets.
(D) A Day gillnet vessel fishing under a NE multispecies DAS and
fishing in the Mid-Atlantic Regulated Mesh Area, as described in
Sec. 648.80(c)(1), may not fish with, haul, possess, or deploy more
than 80 roundfish gillnets or 160 flatfish gillnets. Vessels may fish
any combination of roundfish and flatfish gillnets, up to 160 nets,
provided that the number of roundfish and flatfish gillnets does not
exceed the limitations specified in this paragraph (k)(1)(i)(D).
(ii) Tagging requirements. When fishing under a NE multispecies
DAS, all gillnets fished, hauled, possessed, or deployed by a vessel in
the Day gillnet category, must be tagged according to the provisions
specified in paragraphs (k)(1)(ii)(A) through (D) of this section, when
fishing in the respective regulated mesh areas, or as otherwise
specified under Sec. 648.92(b)(8)(ii). Tags must be obtained as
described in Sec. 648.4(c)(2)(iii), and vessels must have on board
written confirmation issued by the Regional Administrator, indicating
that the vessel is a Day gillnet vessel. The vessel operator must
produce all net tags upon request by an authorized officer. A vessel
may have tags on board in excess of the number of tags corresponding to
the allowable number of nets, provided such tags are onboard the vessel
and can be made available for inspection.
(A) When fishing in the GOM Regulated Mesh Area, roundfish nets
must be tagged with two tags per net, with one tag secured to each
bridle of every net, within a string of nets, and flatfish nets must
have one tag per net, with one tag secured to every other bridle of
every net within a string of nets.
(B) When fishing in the Mid-Atlantic Regulated Mesh Area, roundfish
must be tagged with two tags per net, with one tag secured to each
bridle of every net, with a string of nets, and flatfish gillnets must
be tagged with one tag per net, with one tag secured to every other
bridle of every net within a string of nets.
[[Page 44163]]
(C) When fishing in the GB Regulated Mesh Area, roundfish or
flatfish gillnets must be tagged with 2 tags per net, with one tag
secured to each bridle of every net, within a string of nets.
(D) When fishing in the SNE Regulated Mesh Area, roundfish or
flatfish gillnets must be tagged with 2 tags per net, with one tag
secured to each bridle of every net within a string of nets secured to
every other bridle of every net within a string of nets.
* * * * *
(2) Trip gillnet vessels. When fishing under a NE multispecies DAS,
a Trip gillnet vessel is required to remove all gillnet gear from the
water before calling out of a NE multispecies DAS under
Sec. 648.10(c)(3), and must comply with the restrictions specified in
paragraphs (k)(2)(i) and (ii) of this section. When not fishing under a
NE multispecies DAS, Trip gillnet vessels may fish in an exempted
fishery with gillnet gear as authorized under the exemptions described
in 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.
(i) Number and size of nets. Vessels may not fish with, haul,
possess, or deploy more than the number of nets specified in paragraphs
(k)(2)(i)(A) through (D) of this section, when fishing in the
respective regulated mesh areas, provided the nets are tagged in
accordance with paragraph (k)(1)(ii) of this section, unless otherwise
specified in this paragraph. Such vessels, in accordance with
Sec. 648.23(b), may stow additional nets not to exceed 160, counting
deployed nets. Nets may not be longer than 300 ft (91.4 m), or 50
fathoms, in length.
(A) A Trip gillnet vessel fishing under a NE multispecies DAS and
fishing in the GOM Regulated Mesh Area, as described in
Sec. 648.80(a)(1), may not fish with, haul, possess, or deploy more
than 150 gillnets, except as provided in Sec. 648.92(b)(8)(i). Vessels
may fish any combination of roundfish and flatfish gillnets up to 150
nets.
(B) A Trip gillnet vessel fishing under a NE multispecies DAS and
fishing in the GB Regulated Mesh Area as described in
Sec. 648.80(a)(2), may not fish with, haul, possess, or deploy more
than 50 nets, except as provided in Sec. 648.92(b)(8)(i). Vessels may
fish any combination of roundfish and flatfish gillnets, up to 50 nets.
(C) A Trip gillnet vessel fishing under a NE multispecies DAS and
fishing in the SNE Regulated Mesh Area as described in
Sec. 648.80(b)(1), may not fish with, haul, possess, or deploy more
than 75 nets, except as provided in Sec. 648.92(b)(8)(i). Vessels may
fish any combination of roundfish and flatfish gillnets, up to 75 nets.
(D) A Trip gillnet vessel fishing under a NE multispecies DAS and
fishing in the Mid-Atlantic Regulated Mesh Area is not subject to a
restrictions on number of allowable nets.
(ii) Tagging requirements. When fishing under a NE multispecies
DAS, all gillnets fished, hauled, possessed, or deployed by a vessel in
the Trip gillnet category, must be tagged according to the provisions
specified in paragraphs (k)(2)(ii)(A) through (C) of this section, when
fishing in the respective regulated mesh areas, or as otherwise
specified under Sec. 648.92(b)(8)(ii) or under paragraph (k)(2)(ii)(D)
of this section. Tags must be obtained as described in
Sec. 648.4(c)(2)(iii), and vessels must have on board written
confirmation issued by the Regional Administrator, indicating that the
vessel is a Day gillnet vessel. The vessel operator must produce all
net tags upon request by an authorized officer. A vessel may have tags
on board in excess of the number of tags corresponding to the allowable
number of nets, provided such tags are on board the vessel and can be
made available for inspection.
(A) When fishing in the GOM Regulated Mesh Area, roundfish or
flatfish nets must be tagged with one tag per net, secured to every
other bridle of every net within a string of nets.
(B) When fishing in the GB Regulated Mesh Area, roundfish or
flatfish gillnets must be tagged with 2 tags per net, with one tag
secured to each bridle of every net, within a string of nets.
(C) When fishing in the SNE Regulated Mesh Area, roundfish or
flatfish gillnets must be tagged with 2 tags per net, with one tag
secured to each bridle of every net within a string of nets.secured to
every other bridle of every net within a string of nets.
(D) When fishing in the Mid-Atlantic Regulated Mesh Area, gillnets
are not required to be tagged.
(3) Lost tags. Vessel owners or operators are required to report
lost, destroyed, and missing tag numbers as soon as feasible after tags
have been discovered lost, destroyed or missing, by letter or fax to
the Regional Administrator.
(4) Replacement tags. Vessel owners or operators seeking
replacement of lost, destroyed, or missing tags must request
replacement of tags by letter or fax to the Regional Administrator. A
check for the cost of the replacement tags must be received before tags
will be re-issued.
(5) Removal of nets from the water. Gillnets must be removed from
the water when the vessel's annual NE multispecies DAS allocation has
been used.
(l) Used DAS baseline and DAS reduction--(1) Used DAS baseline. For
all valid limited access NE multispecies permits and NE multispecies
confirmation of permit histories (CPH), beginning with the 2002 fishing
year, a vessel's used DAS baseline will be based on the fishing history
associated with its permit and will be determined by the highest number
of DAS fished during a single fishing year, as specified in paragraphs
(l)(1)(i) through (iv) of this section, during the 5-year period from
May 1, 1996, through April 30, 2001, not to exceed the vessel's annual
allocation prior to August 1, 2002. If the highest number of DAS fished
under such permit during a single fishing year is less than 10 DAS, the
used DAS baseline will be 10 DAS. If a vessel that was originally
issued a limited access NE multispecies permit was lawfully replaced in
accordance with the replacement restrictions specified in section
Sec. 648.4(a), then the used DAS baseline will be defined based upon
the DAS used by the original vessel and by subsequent vessel(s)
associated with the permit during the 5-year period specified above.
(i) Except as provided in paragraphs (l)(1)(ii) through (iv) of
this section, historic DAS use will be determined as specified under
the DAS notification requirements in Sec. 648.10.
(ii) For a vessel exempt from or not subject to the DAS
notification system, specified in Sec. 648.10, during the period May
1996 through June 1996, the vessel's used DAS baseline for that period
will be defined based on the vessel's DAS use, calculated from vessel
trip reports submitted to NMFS prior to April 9, 2002.
(iii) For a vessel enrolled in a Large Mesh DAS category, as
specified in Sec. 648.82(b)(6) and (7), calculation of the used DAS
baseline will be determined based on the highest number of DAS fished
during a single fishing year during the 1996 through 2000 fishing
years, from May 1, 1996, through April 30, 2001, not to exceed the
vessel's allocation in any given year. That is, the used DAS baseline
shall not be based on additional DAS the vessel fished under the Large
Mesh DAS category.
(iv) For vessels fishing under the Day gillnet designation, as
specified under Sec. 648.82(k)(1), used DAS, beginning on May 1, 1997
(implementation of differential DAS accounting for gillnet vessels,
i.e., Framework Adjustment 20), for trips greater than 3 hours but less
[[Page 44164]]
than or equal to 15 hours, will be counted as 15 hours. Trips less than
or equal to 3 hours, or greater than 15 hours, will be counted as
actual time.
(2) DAS reduction. For fishing years beginning May 1, 2002, and May
1, 2003, a NE multispecies DAS vessel, unless otherwise specified in
paragraph (l)(2) of this section, shall be allocated 80 percent of its
DAS baseline specified under paragraph (l)(1) of this section. An
additional 36 percent will be subsequently added and available for use
for participants in the Large Mesh DAS categories, as described at
Sec. 648.80(b)(6) and (7), provided the participants comply with the
applicable gear restrictions.
(i) NE multispecies DAS fished by a vessel during the period May 1,
2002, through July 31, 2002, will be deducted from the DAS available
for use for the 2002 fishing year, as calculated under
Sec. 648.80(l)(2).
(ii) For vessels fishing under the Day gillnet designation, as
specified in Sec. 648.82(k)(1), NE multispecies DAS for the period May
1, 2002, through July 31, 2002, for trips greater than 3 hours, but
less than or equal to 15 hours, will be counted as 15 hours. Trips less
than or equal to 3 hours, or greater than 15 hours, will be counted as
actual time.
(iii) For vessels fishing with gear other than gillnet gear, NE
multispecies DAS used for the period May 1, 2002, through July 31,
2002, will be counted as actual time.
(iv) Beginning on August 1, 2002, if the number of DAS used by a
vessel during the May 1 through July 31, 2002, period equals or exceeds
the number of DAS available for use calculated by NMFS as described in
this section, the number of DAS available for use for the remainder of
the 2002 fishing year will be zero, unless the vessel has available
carry-over days from the previous fishing year, as specified under
paragraph (a)(1) of this section.
(3) Appeal of used DAS baseline. (i) A vessel's used DAS baseline
as determined under paragraph (l)(1) of this section, may be appealed
to the Regional Administrator, by submitting a written request to
appeal. The request to appeal must be received by the Regional
Administrator no later than August 31, 2002. The request to appeal must
be in writing and provide credible evidence that the information used
by the Regional Administrator in making the determination of the
vessel's DAS baseline was based on mistaken or incorrect data. The
decision on appeal shall be determined solely on the basis of written
information submitted, unless the Regional Administrator specifies
otherwise. The Regional Administrator's decision on appeal is the final
decision of the Department of Commerce.
(ii) Status of vessel's pending appeal of used DAS baseline. While
a vessel's used DAS baseline is under appeal, the vessel is limited to
fishing with the number of DAS in accordance with Sec. 648.80(l).
9. In Sec. 648.83, paragraph (a)(1) is revised 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 Sizes (inches)
------------------------------------------------------------------------
Cod.................................................... 22 (55.9 cm)
Haddock................................................ 19 (48.3 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....................................... 36 (91.4 cm)
Winter flounder (blackback)............................ 12 (30.5 cm)
Redfish................................................ 9 (22.9 cm)
------------------------------------------------------------------------
* * * * *
10. In Sec. 648.86, paragraphs (b)(1)(i), (b)(1)(ii)(A), (b)(2) and
(b)(3) are revised and paragraph (h) is added to read as follows:
Sec. 648.86 Multispecies possession restrictions.
* * * * *
(b) * * *
(1) * * *
(i) Except as provided in paragraph (b)(1)(ii) and (b)(4) of this
section, and subject to the call-in provision specified in
Sec. 648.10(f)(3)(i), a vessel fishing under a NE multispecies DAS may
land only up to 500 lb (272.3 kg) of cod during the first 24-hr period
after the vessel has started a trip on which cod were landed (e.g., a
vessel that starts a trip at 6 a.m. may call our of the DAS program at
11 a.m. and land up to 500 lb (272.3 kg), but the vessel cannot land
any more cod on a subsequent trip until at least 6 a.m. on the
following day). For each trip longer than 24 hr, a vessel may land up
to an additional 500 lb (272.2 kg) for each additional 24-hr block of
DAS fished, or part of an additional 24-hr block of DAS fished, up to a
maximum of 4,000 lb (1,818.2 kg) per trip (e.g., a vessel that has been
called into the DAS program for more than 24 hr, but less than 48 hr,
may land up to, but no more than 1,000 lb (454.5 kg) of cod). A vessel
that has been called into only part of an additional 24-hr block of a
DAS (e.g. a vessel that has been called into the DAS program for more
than 24 hr but less than 48 hr) may land up to an additional 500 lb
(272.2 kg) of cod for that trip provided the vessel complies with
Sec. 648.86(b)(1)(ii). Cod on board a vessel subject to this landing
limit must be separated from other species of fish and stored so as to
be readily available for inspection.
(ii) * * *
(A) The vessel operator does not call-out of the DAS program as
described under Sec. 648.10(c)(3) and does not depart from a dock or
mooring in port, unless transiting as allowed in paragraph (b)(3) of
this section, until the rest of the additional 24-hr block of the DAS
has elapsed regardless of whether all of the cod on board is offloaded
(e.g., a vessel that has been called into the DAS program for 25 hr, at
the time of landing, may land only up to 1000 lb (454.5 kg) of cod,
provided the vessel does not call out of the DAS program or leave port
until 48 hr have elapsed from the beginning of the trip).
(2) Georges Bank Cod Landing and Maximum Possession Limits. (i) For
each fishing year, a vessel that is exempt from the landing limit
described in paragraph (b)(1) of this section and fishing under a NE
multispecies DAS may land up to 2,000 lb (907.2 kg) of cod during the
first 24-hr period after the vessel has started a trip on which cod
were landed (e.g., a vessel that starts a trip at 6 a.m. may call out
of the DAS program at 11 a.m. and land up to 2,000 lb (907.2 kg)), but
the vessel cannot land any more cod on a subsequent trip until at least
6 a.m. on the following day). For each trip longer than 24 hr, a vessel
may land up to an additional 2,000 lb (907.2 kg) for each additional
24-hr block of DAS fished, or part of an additional 24-hr block of DAS
fished, up to a maximum of 20,000 lb (9,071.8 kg) per trip (e.g., a
vessel that has been called into the DAS program for 48 hr or less, but
more than 24 hr, may land up to, but no more than 4,000 lb (1,814.4 kg)
of cod). A vessel that has called into only part of an additional 24-hr
block of a DAS (e.g., a vessel that has called into the DAS program for
more than 24 hr, but less than 48 hr) may land up to an additional
2,000 lb (907.2 kg) of cod for that trip of cod for that trip provided
the vessel complies with 648.86(b)(2)(ii). Cod on board a vessel
subject to this landing limit must be separated from other species of
fish and stored so as to be readily available for inspection.
(ii) A vessel subject to the cod landing limit restrictions
described in paragraph
[[Page 44165]]
(b)(1)(i) of this section may come into port with and offload cod in
excess of the landing limit as determined by the number of DAS elapsed
since the vessel called into the DAS program, provided that:
(A) The vessel operator does not call-out of the DAS program as
described under Sec. 648.10(c)(3) and does not depart from a dock or
mooring in port, unless transiting as allowed in paragraph (b)(3) of
this section, until the rest of the additional 24-hr block of the DAS
has elapsed, regardless of whether all of the cod on board is offloaded
(e.g., a vessel that has been called into the DAS program for 25 hr, at
the time of landing, may land only up to 4,000 lb (1,814.4 kg) of cod,
provided the vessel does not call out of the DAS program or leave port
until 48 hr have elapsed from the beginning of the trip).
(B) [Reserved]
(3) Transiting. A vessel that has exceeded the cod landing limit as
specified in paragraphs (b)(1) and (2) of this section, and is,
therefore, subject to the requirement to remain in port for the period
of time described in paragraphs (b)(1)(ii)(A) and (b)(2)(ii)(A) of this
section, may transit to another port during this time, provided that
the vessel operator notifies the Regional Administrator either at the
time the vessel reports its hailed weight of cod or at a later time
prior to transiting, and provides the following information: Vessel
name and permit number, destination port, time of departure, and
estimated time of arrival. A vessel transiting under this provision
must stow its gear in accordance with one of the methods specified in
Sec. 648.23(b) and may not have any fish on board the vessel.
* * * * *
(h) Yellowtail Flounder--(1) Yellowtail flounder possession limit
north of 40 deg.00' N. lat. in the Georges Bank or Gulf of Maine
Regulated Mesh Area. Beginning August 1, 2002, except when fishing
under the recreational and charter/party restrictions specified under
Sec. 648.89, there is no possession limit for yellowtail flounder for a
vessel issued a NE multispecies permit and fishing under a NE
multispecies DAS north of 40 deg.00' N. lat. in either the GB or GOM
Regulated Mesh Area, provided the vessel complies with the following
requirements in order to fish for possess, or land yellowtail flounder:
(i) The vessel possess on board a yellowtail exemption letter
issued by the Regional Administrator.
(ii) The vessel does not fish in the SNE Regulated Mesh Area, or
south of 40 deg.00' N. lat. for a minimum of 30 consecutive days (when
fishing under the NE multispecies DAS program). Vessels subject to
these restrictions may transit the SNE Regulated Mesh Area and south of
40 deg.00' N. lat. with yellowtail flounder on board the vessel,
provided that the gear is stowed in accordance with one of the
provisions of Sec. 648.23(b).
(2) Yellowtail flounder possession limit north of 40 deg.00' N. lat
in the Southern New England Regulated Mesh Area. Beginning August 1,
2002, except when fishing under the recreational and charter/party
restrictions specified under Sec. 648.89, a vessel issued a NE
multispecies permit and fishing any portion of a trip under a NE
multispecies DAS north of 40 deg.00' N. lat. in the SNE Regulated Mesh
Area is subject to the following requirements and trip limits in order
to fish for, possess, or land yellowtail flounder:
(i) The vessel possesses on board a yellowtail authorization letter
issued by the Regional Administrator.
(ii) The vessel does not fish south of 40 deg.00' N. lat. for a
minimum of 30 consecutive days (when fishing under the NE multispecies
DAS program). Vessels subject to these restrictions may transit the
area south of 40 deg.00' N. lat. provided that the gear is stowed in
accordance with one of the provisions of Sec. 648.23(b).
(iii) During the period March through May, vessels may land or
possess on board only up to 250 lb (113.6 kg) of yellowtail flounder
per trip; and
(iv) During the period June through February, vessels may land only
up to 750 lb (340.9 kg) of yellowtail flounder per DAS, or any part of
a DAS, up to a maximum possession limit of 3,000 lb (1,364.0 kg) per
trip.
(3) Yellowtail flounder prohibition south of 40 deg.00' N. lat.
Beginning August 1, 2002, unless fishing under the recreational and
charter/party restrictions specified under Sec. 648.89, or transiting
as provided for under Sec. 648.86(h)(1) or (2), a vessel not in
possession of a valid exemption letter or a vessel fishing any portion
of a trip south of 40 deg.00' N. lat is prohibited from possessing or
landing yellowtail flounder.
11. In Sec. 648.88, the introductory text for paragraph (a), and
paragraph (a)(1) are revised to read as follows:
Sec. 648.88 Multispecies open access permit restrictions.
(a) Handgear permit. Beginning August 1, 2002, NE multispecies open
access Handgear permits shall not be issued to any vessel that has
never been issued such permit, or has not submitted a complete
application for such permit as of August 1, 2002. A vessel issued a
valid open access NE multispecies Handgear permit is subject to the
following restrictions:
(1) The vessel may possess and land up to 200 lb (90.9 kg) of cod,
haddock, and yellowtail flounder, combined, one Atlantic halibut, per
trip, and unlimited amounts of the other NE multispecies, provided that
the vessel does not use or possess on board gear other than rod and
reel or handlines while in possession of, fishing for, or landing NE
multispecies, and provided it has at least one standard tote on board.
* * * * *
12. In Sec. 648.89, paragraphs (b)(1), (c), and (e)(1) are revised
to read as follows: Sec. 648.89 Recreational and charter/party
restrictions.
* * * * *
(b) * * *
(1) Minimum fish sizes. Persons aboard charter or party vessels
permitted under this part and not fishing under the NE multispecies DAS
program, and private recreational fishing vessels in the EEZ, may not
retain fish smaller than the minimum fish sizes, measured in total
length (TL) as follows:
Minimum Fish Sizes (TL) for Charter, Party, and Private Recreational
Vessels
------------------------------------------------------------------------
Species Sizes (inches)
------------------------------------------------------------------------
Cod.................................................... 23 (58.4 cm)
Haddock................................................ 23 (58.4 cm)
Pollock................................................ 19 (48.3 cm)
Witch flounder (gray sole)............................. 14 (35.6 cm)
Yellowtail flounder.................................... 13 (33.0 cm)
Atlantic halibut....................................... 36 (91.4 cm)
American plaice (dab).................................. 14 (35.6 cm)
Winter flounder (blackback)............................ 12 (30.5 cm)
Redfish................................................ 9 (22.9 cm)
------------------------------------------------------------------------
* * * * *
(c) Cod and haddock possession restrictions--(1) Private
recreational vessels. (i) Each person on a private recreational vessel
may possess per trip no more than 10 cod and/or haddock, combined, in,
or harvested from the EEZ, unless further restricted under paragraph
(c)(1)(ii) of this section.
(ii) During the period December 1 through March 31, each person on
a private recreational vessel fishing any part of a trip in the GOM
Regulated Mesh Area as defined in Sec. 648.80(a)(1), may possess no
more than 10 cod and/or haddock combined, no more than 5 of which may
be cod, in, or harvested from the EEZ.
(iii) For purposes of counting fish, fillets will be converted to
whole fish at
[[Page 44166]]
the place of landing by dividing the number of fillets by two. If fish
are filleted into a single (butterfly) fillet, such fillet shall be
deemed to be from one whole fish.
(iv) Cod and haddock harvested by private recreational vessels with
more than one person aboard may be pooled in one or more containers.
Compliance with the possession limit will be determined by dividing the
number of fish on board by the number of persons on board. If there is
a violation of the possession limit on board a vessel carrying more
than one person, the violation shall be deemed to have been committed
by the owner or operator of the vessel.
(v) Cod and haddock must be stored so as to be readily available
for inspection.
(2) Charter/party vessels. Charter/party vessels fishing any part
of a trip in the GOM Regulated Mesh Area as defined in
Sec. 648.80(a)(1), are subject to the following possession limit
restrictions:
(i) During the period April 1 through November 30, each person on
the vessel may possess no more than 10 cod and/or haddock combined.
(ii) During the period December 1 through March 31, each person on
the vessel may possess no more than 10 cod and/or haddock combined, no
more than 5 of which may be cod.
(iii) For purposes of counting fish, fillets will be converted to
whole fish at the place of landing by dividing the number of fillets by
two. If fish are filleted into a single (butterfly) fillet, such fillet
shall be deemed to be from one whole fish.
(iv) Cod and haddock harvested by charter/party vessels with more
than one person aboard may be pooled in one or more containers.
Compliance with the possession limits will be determined by dividing
the number of fish on board by the number of persons on board. If there
is a violation of the possession limits on board a vessel carrying more
than one person, the violation shall be deemed to have been committed
by the owner or operator of the vessel.
(v) Cod and haddock must be stored so as to be readily available
for inspection.
(3) Atlantic halibut. Charter and party vessels permitted under
this part, and recreational fishing vessels fishing in the EEZ, may not
possess, on board, more than one Atlantic halibut.
* * * * *
(e) * * *
(1) Gulf of Maine Closed Areas. A vessel fishing under charter/
party regulations may not fish in the Gulf of Maine closed areas
specified in Sec. 648.81(g)(1) through (i)(1), during the time periods
specified in those sections, unless the vessel has on board a letter of
authorization issued by the Regional Administrator pursuant to
Secs. 648.81(g)(2)(iii) and 648.89(e)(3). The letter of authorization
is required for a minimum of 3 months if the vessel intends to fish in
the seasonal GOM closure areas, or required for the rest of the fishing
year, beginning with the start of the participation period of the
letter of authorization, if the vessel intends to fish in the year-
round GOM closure areas.
* * * * *
13. In Sec. 648.91, paragraphs (c)(1)(i) and (ii) are revised to
read as follows:
Sec. 648.91 Monkfish regulated mesh areas and restrictions on gear and
methods of fishing.
* * * * *
(c) * * *
(1) * * *
(i) Trawl nets while on a monkfish DAS. Except as provided in
paragraph (c)(1)(ii) of this section, the minimum mesh size for any
trawl net, including beam trawl nets, used by a vessel fishing under a
monkfish DAS is 10-inch (25.4-cm) square or 12-inch (30.5-cm) diamond
mesh throughout the codend for at least 45 continuous meshes forward of
the terminus of the net. The minimum mesh size for the remainder of the
trawl net is the regulated mesh size specified under Sec. 648.80(a)(3),
(a)(4), (b)(2)(i), or (c)(2)(i) of the Northeast multispecies
regulations, depending upon and consistent with the NE multispecies
regulated mesh area being fished.
(ii) Trawl nets while on a monkfish and NE multispecies DAS. For
vessels issued a Category C or D limited access monkfish permit and
fishing with trawl gear under both a monkfish and NE multispecies DAS,
the minimum mesh size is that allowed under regulations governing mesh
size at Sec. 648.80(a)(3), (a)(4), (b)(2)(i), or (c)(2)(i), depending
upon, and consistent with, the NE multispecies regulated mesh area
being fished.
* * * * *
14. In Sec. 648.92, paragraphs (b)(2) and (b)(8)(i) are revised to
read as follows:
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
* * * * *
(b) * * *
(2) Category C and D limited access monkfish permit holders. Each
monkfish DAS used by a limited access multispecies or scallop vessel
holding a Category C or D limited access monkfish permit shall also be
counted as a multispecies or scallop DAS, as applicable, except where,
beginning August 1, 2002, a Category C or D vessel that has an
allocation of multispecies DAS under Sec. 648.82(l) that is less than
40 (the number of monkfish DAS) may fish under Category A or B
provisions, as applicable, for the number of DAS that equal the
difference between 40 and the number of allocated multispecies DAS. For
such vessels, when the total allocation of multispecies DAS have been
used, a monkfish DAS may be used without concurrent use of a
multispecies DAS. (For example, if a monkfish Category D vessel's
multispecies DAS allocation is 30, and the vessel fished 30 monkfish
DAS, 30 multispecies DAS would also be used. However, after all 30
multispecies DAS are used the vessel may utilize its remaining 10
monkfish DAS to fish on monkfish, without a multispecies DAS being
used, provided that the vessel fishes under the regulations pertaining
to a Category B vessel and does not retain any regulated multispecies.)
* * * * *
(8) * * *
(i) Number and size of nets. A vessel issued a monkfish limited
access permit or fishing under a monkfish DAS may not fish with, haul,
possess, or deploy more than 150 gillnets. A vessel issued a NE
multispecies limited access permit and a limited access monkfish
permit, or fishing under a monkfish DAS, may fish any combination of
monkfish, roundfish, and flatfish gillnets, up to 150 nets total,
provided that the number of monkfish, roundfish, and flatfish gillnets
is consistent with the limitations of Sec. 648.82. Nets may not be
longer than 300 ft (91.4 m), or 50 fathoms, in length.
* * * * *
[FR Doc. 02-16266 Filed 6-26-02; 3:53 pm]
BILLING CODE 3510-22-P