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Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Framework Adjustment 43
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 21, 2006 (Volume 71, Number 119)]
[Proposed Rules]
[Page 35600-35606]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn06-42]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060606151-6151-01; I.D. 051906A]
RIN 0648-AU33
Fisheries of the Northeastern United States; Northeast (NE)
Multispecies Fishery; Framework Adjustment 43
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Framework Adjustment
43 (Framework 43) to the NE Multispecies Fishery Management Plan (FMP),
which was developed by the New England Fishery Management Council
(Council). Framework 43 proposes measures to address the incidental
catch of NE multispecies by vessels fishing for Atlantic herring. The
proposed measures would establish a Herring Exempted Fishery. Vessels
issued a Category 1 Atlantic herring fishing permit (Category 1
vessels) would be authorized to possess incidentally caught haddock
until the catch of haddock reached the level specified as an incidental
haddock catch cap; upon attainment of the haddock catch cap, all
herring vessels would be limited to 2,000 lb (907 kg) of herring per
trip, if any of the herring on board was caught within the Gulf of
Maine/Georges Bank (GOM/GB) Herring Exemption Area defined in Framework
43. Herring Category 1 vessels would also be authorized to possess up
to 100 pounds (45 kg) of other regulated multispecies (cod, witch
flounder, plaice, yellowtail flounder, pollock, winter flounder,
windowpane flounder, redfish, and white hake), and would be required to
provide advance notification of their intent to land for purposes of
enforcement. Atlantic herring processors and dealers that sort herring
catches as part of their operations would be required to cull and
report all haddock.
DATES: Comments must be received by July 6, 2006.
ADDRESSES: Copies of supporting documents, including the Environmental
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility
Analysis (RIR/IRFA), and Essential Fish Habitat Assessment are
available from Paul J. Howard, Executive Director, New England Fishery
Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The
EA/RIR/IRFA is also accessible via the Internet at http://www.nero.gov.
Written comments on the proposed rule may be sent by any of the
following methods: ? Mail to Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast Regional Office, One Blackburn Drive,
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on
Herring Framework 43'';
? Fax to Patricia A. Kurkul , 978-281-9135;
[[Page 35601]]
? E-mail to the following address:
HerringFramework43@NOAA.gov. Include in the subject line of the e-mail
comment the following document identifier: ``Comments on Herring
Framework 43;'' or
? Electronically through the Federal e-Rulemaking portal:
http://www.regulations.gov. 
FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy
Analyst, 978-281-9259, e-mail at eric.dolin@noaa.gov, fax at 978-281-
9135.
SUPPLEMENTARY INFORMATION:
Background
Currently, regulations established under the FMP for the Northeast
(NE) multispecies (groundfish) fishery prohibit vessels fishing for
Atlantic herring from possessing or landing any groundfish species,
including haddock. In July 2004, NMFS's Office of Law Enforcement (OLE)
observed prohibited juvenile haddock in catches being landed by
midwater trawl vessels fishing for herring on GB. Representatives from
the herring industry reported that they were encountering haddock
unusually high in the water column and were unable to avoid catching
them, even with midwater trawl gear. Many midwater trawl vessels ceased
fishing for herring on GB in the summer of 2004 due to concerns about
haddock bycatch and the fact that possession of haddock was prohibited,
and the herring landings from the GB area decreased. As a result, NMFS,
at the Council's request, implemented an emergency rule that
established an incidental catch allowance for haddock to allow the
herring fishery to operate on GB during 2005 while the Council
developed a long-term solution. The emergency rule was published by
NMFS in the Federal Register on June 13, 2005 (70 FR 34055), and
extended for 180 days on December 8, 2005 (70 FR 72934). The emergency
rule expires on June 6, 2006, and the Council developed Framework 43 to
address this issue on a permanent basis.
The Council requested emergency action on March 30, 2005. The
Council discussed the issue further at subsequent meetings and voted on
November 17, 2005, to establish the Council meeting that day as the
initial meeting to develop permanent measures to address the issue in
Framework 43. The measures contained in Framework 43 were included in
the Draft Environmental Impact Statement and public hearing document
for Amendment 1 to the Atlantic Herring FMP (Amendment 1). The Council
voted on February 2, 2006, to adopt the measures in Amendment 1 and
Framework 43, but to submit Framework 43 in advance of Amendment 1 in
order to establish measures for the fishery as soon as possible during
the 2006 summer season.
The proposed measures would apply to all Category 1 vessels on all
trips that do not use NE multispecies days-at-sea (DAS). The Atlantic
herring regulations establish two vessel permits: Category 1 permits
are issued to vessels that have landed, or intend to land, 500 metric
tons (mt) or more of herring in the upcoming year; Category 2 permits
are issued to vessels that do not intend to land 500 mt or more of
herring. However, the public should be aware that the Council is
proposing to revise the Atlantic herring vessel permit requirements in
Amendment 1. Amendment, which has been submitted to NMFS for review,
would revise the vessel permitting requirements for the herring fishery
by establishing limited access permits for vessels that fish for large
amounts of herring, and maintain an open access permit for vessels that
catch herring incidentally. If the limited access permit measures
proposed in Amendment 1 are approved and implemented by NMFS, the
measures proposed in this rule would, in the future, be applicable to
all vessels issued limited access permits
The proposed measures in Framework 43 would: (1) Authorize the
possession of haddock by Category 1 vessels up to the amount
established as a cap on total haddock catch by such vessels; (2)
establish a cap on the amount of haddock that could be caught by
Category 1 vessels that is equal to 0.2 percent of the total combined
target total allowable catch (TAC) for GOM and GB haddock; and (3)
establish a Herring Exempted Fishery and define a GOM/GB Herring
Exemption Area in which any herring permitted vessel that catches any
herring from this area would be limited to 2,000 lb (907 kg) per trip
when the haddock catch cap is attained; (4) authorize Category 1
vessels to possess an incidental catch of up to 100 lb (45 kg) of
regulated NE multispecies other than haddock (cod, witch flounder,
plaice, yellowtail flounder, pollock, winter flounder, windowpane
flounder, redfish, and white hake); (5) suspend the minimum fish size
for NE multispecies possessed by Category 1 vessels; (6) prohibit
Category 1 vessels from selling haddock for human consumption and
prohibit dealers from purchasing haddock from such vessels for human
consumption; (7) prohibit Category 1 vessels from discarding haddock at
sea; (8) require herring processors that cull landings to report all
culled haddock, and retain such haddock for 12 hr for inspection by
enforcement officials; and (9) require Category 1 vessels to provide
advance notification of landing via the Vessel Monitoring System (VMS).
The haddock catch cap specified would be applicable to the NE
multispecies fishing year (May 1 April 30), which differs from the
herring fishing year (January 1 December 31). If the haddock catch cap
is attained by the herring fishery, the 2,000-lb (907-kg) limit on
herring in the GOM/GB Herring Exemption Area would be in effect until
the end of the NE multispecies fishing year. For example, the 2006
haddock catch cap would be specified for the period May 1, 2006 April
30, 2007, and the 2007 haddock catch cap for the period May 1, 2007
April 30, 2008. If the catch of haddock by Category 1 vessels reached
the 2006 catch cap at any time prior to the end of the NE multispecies
2006 fishing year (April 30, 2007), the catch of herring by Category 1
vessels would be limited to 2,000 lb (907 kg) per trip in the GOM/GB
Herring Exemption Area through April 30, 2007 (which is 4 months after
the end of the 2006 herring fishing year), at which time the 2007 catch
cap would go into effect. The final rule to establish the NE
multispecies haddock TACs was published on April 28, 2006 (71 FR
25095). Based on the haddock TACs in that rule, the proposed haddock
catch cap would be 161,377 lb (73.2 mt) for the period May 1, 2006 -
April 30, 2007 [GB + GOM haddock TAC = 35,309 + 1,279 = 36,588 mt; 0.2
percent x 36,588 mt = 73.2 mt]. Upon implementation of Herring
Amendment 1, if approved, the haddock landings from May 1, 2006 forward
would be applied to the catch cap for the NE multispecies 2006 fishing
year.
Prior to Framework 43, herring midwater trawl gear (single trawls
and pair trawls) and purse seine gear were each defined by the NE
Multispecies FMP as exempted gear, that is, gear that is not capable of
catching NE multispecies. The Council determined that this
classification was not consistent with the available information
documenting catches of NE multispecies. Framework 43 would instead
establish the Herring Exempted Fishery to enable the fishery to be
prosecuted as an exempted fishery, and authorize an incidental catch of
small amounts of NE multispecies. The total amount of haddock set-aside
for the herring fishery is not expected to cause either the GB or GOM
haddock TACs to be exceeded or impact the availability of
[[Page 35602]]
haddock for groundfish vessels, because the haddock set-aside is set in
consideration of the fact that haddock bycatch has previously occurred
in the herring fishery.
Management Measures
(1) Authorize the Possession of Haddock by Category 1 Vessels
While temporarily authorized under the emergency regulations, the
NE multispecies regulations prohibit vessels using midwater trawl or
purse seine gear from possessing or landing NE multispecies. This
action would allow Category 1 vessels to possess and land haddock of
unlimited amounts until the haddock bycatch cap is attained, and to
possess and land up to 100 lb (45 kg) of other regulated multispecies
(cod, witch flounder, plaice, yellowtail flounder, pollock, winter
flounder, windowpane flounder, redfish, and white hake) on all trips
that do not use a NE multispecies DAS. This provision is intended to
reflect the incidental catch of NE multispecies by Category 1 vessels.
(2) Establish Cap on Amount of Haddock Caught by Category 1 Vessels
This action would establish a catch cap for Category 1 vessels
equal to 0.2 percent of the total combined target TAC for GOM and GB
haddock specified for each NE multispecies fishing year. The haddock
catch cap specified for the period May 1, 2006 - April 30, 2007, would
be 161,377 lb (73.2 mt). The haddock catch cap is intended to limit the
total amount of haddock caught by the directed herring fishery while
allowing the fishery to operate with a small amount of incidental
catch. The information that would be used to monitor the haddock catch
cap includes: at-sea observer reports, Federal dealer/processor
reports, and haddock landings reported by law enforcement agents as a
result of catch inspections. These measures are supported by the
provisions that would require specified dealers/processors to report
and retain culled haddock (see measure 8) and require vessels to
provide advance notification of landing (see measure 9). Once the
haddock cap has been caught, all vessels issued a herring permit or
fishing in the Federal portion of the GOM/GB Herring Exemption Area
(see 3) would be prohibited from fishing for, possessing, or landing
herring in excess of 2,000 lb (907 kg) of herring per trip in or from
the GOM/GB Herring Exemption Area, except that such vessels may possess
more than 2,000 lb (907 kg) of herring that was caught outside of the
area and may transit the area, with gear properly stowed.
(3) Define the GOM/GB Herring Exemption Area
The herring fishery is prosecuted at various times of the year
throughout the GOM and GB. Herring vessels would be authorized to fish
for amounts of herring allowed under their applicable permits until the
haddock catch cap applicable to the fishery is projected to be
attained. Framework 43 identifies the area where 90 percent of the
haddock catch historically has occurred and defines the area as the
GOM/GB Herring Exemption Area. Once the cap is determined to be
attained, the Regional Administrator would announce that all herring
vessels would be limited to the 2,000-lb (907-kg) catch limit for
herring if any of the herring is caught in the GOM/GB Herring Exemption
Area. In the event that the haddock catch cap is reached, the measures
that would require processors/dealers to retain and report culled
haddock, and the requirement for Category 1 vessels to provide advance
notification of landing, would remain in effect to enhance the
enforceability of the closure. Category 1 vessels and other herring
vessels would not be subject to the 2,000-lb (907-kg) herring limit if
all herring caught, possessed, or landed by the vessel is from outside
the GOM/GB Herring Exemption Area, and provided the vessel complies
with the gear stowage requirements in the Exemption Area as specified
in the regulations.
(4) Establish a Regulated NE Multispecies Possession Allowance for
Category 1 Vessels
This action would establish a possession allowance for Category 1
vessels to authorize them to possess and land up 100 lb (45 kg) of
regulated multispecies other than haddock (cod, witch flounder, plaice,
yellowtail flounder, pollock, winter flounder, windowpane flounder,
redfish, and white hake) on all trips that do not use a NE multispecies
DAS. Vessels fishing under a NE multispecies DAS would be subject to
the possession limits specified for such fishing activity.
(5) Suspend the Minimum Fish Size for NE Multispecies Possessed by
Category 1 Vessels
This action would exempt Category 1 vessels from the minimum size
requirements for haddock and the other regulated multispecies (cod,
witch flounder, plaice, yellowtail flounder, pollock, winter flounder,
windowpane flounder, redfish, and white hake). The suspension of the
minimum size is necessary because, in a high-volume fishery such as the
herring fishery, it is difficult, if not impossible, to cull fish that
resemble herring in size and shape. Herring are often pumped directly
from the nets into the holds, with no sorting of the catch. Thus, it is
impracticable to sort out haddock and other regulated multispecies that
are smaller than the current minimum fish size.
(6) Prohibit the Purchase or Sale for Human Consumption of NE
Multispecies Landed by Category 1 Vessels
To eliminate any incentive for Category 1 vessels to target haddock
or other regulated multispecies, this action would prohibit the sale of
haddock and those other species caught by Category 1 vessels for human
consumption. It also prohibits Atlantic herring dealers and processors
from purchasing such fish to be sold for human consumption. It is not
feasible to establish a similar prohibition on the sale of haddock or
the other regulated multispecies for use as bait because herring
catches landed for use as bait are generally offloaded by pumping the
fish from the vessel hold into tanker trucks. As a result, some haddock
and other regulated multispecies could remain mixed in with the herring
catch. The Council concluded that it would be impossible to require all
such landings to be culled or sorted, and would be inequitable to make
downstream purchasers of such bait legally liable for the presence of
haddock or other regulated multispecies.
(7) Prohibit Discarding of Haddock at Sea by Category 1 Vessels
In order to more fully account for all the haddock caught by
Category 1 vessels, this action would prohibit the discarding of
haddock at sea.
(8) Require Specified Herring Dealers/Processors to Retain Haddock
Landed by Category 1 Vessels
This action would require herring dealers and processors that sort
herring as part of their operations to separate out, report, and retain
for 12 hr all haddock landed by a Category 1 vessel in order to
facilitate monitoring and enforcement of the haddock catch cap. The
haddock would have to be set aside and retained for 12 hr to facilitate
inspection by enforcement officials, and the vessel that landed the
haddock must be clearly identified. The sale of these culled haddock,
for any purpose, would be prohibited. All herring dealers and
processors would have to continue to comply with the current reporting
requirements that require federally
[[Page 35603]]
permitted dealers and processors to report all fish purchased or
received with a vessel trip identifier via the weekly electronic dealer
reporting system as specified under Sec. 648.7(a).
(9) Require Category 1 Vessels to Provide VMS Notification Prior to Landing
This action would require Category 1 vessels to provide
notification to NMFS of their intent to land at least 6 hr prior to
landing. This provision is intended to facilitate the enforcement and
monitoring of the haddock catch cap by giving enforcement agents
sufficient notice of landing to enable them to meet a fishing vessel at
the dock to observe offloading or sample the catch.
Classification
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866.
The Council prepared an IRFA, as required by section 603 of the
Regulatory Flexibility Act, which describes the economic impacts this
proposed rule, if adopted, would have on small entities. A copy of the
IRFA can be obtained from the Council or NMFS (see ADDRESSES) or via
the Internet at http://www.nero.noaa.gov. A summary of the
analysis follows:
Statement of Objective and Need
A description of the reasons why this action is being considered,
and the objectives of and legal basis for this action, is contained in
the preamble to this proposed rule and is not repeated here.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
During the 2005 fishing year, 115 vessels had Category 1 permits
(the class to which this rule applies), with 38 of these vessels
averaging more than 2,000 lb (907 kg) of herring per trip. There are no
large entities, as defined in section 601 of the RFA, participating in
this fishery. Therefore, there are no disproportionate economic impacts
between large and small entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
The collection-of-information requirement in this proposed rule
(requiring Category 1 vessels to provide notification to NMFS of their
intent to land at least 6 hr prior to landing) has already been
approved by OMB as follows: Haddock Bycatch Notification of Landing,
Office of Management and Budget (OMB) control number 0648 0525, (5 min/
response).
Minimizing Significant Economic Impacts on Small Entities
Three alternatives were considered in the development of this
action. The first would have continued the program put into place by
the emergency action. Specifically, this would have established a 1,000
lb (453 kg) incidental catch possession limit on haddock, and a 100 lb
(45.3 kg) incidental catch possession limit on other regulated
multispecies, with no limit on the total amount of haddock or other
regulated multispecies that could be caught. The second alternative is
the one proposed in this action. The third alternative is no action,
under which the herring vessels would not be allowed to possess any
multispecies.
Compared to the no-action alternative, the other alternatives
significantly minimize the economic impacts on herring vessels. Both
the proposed action and the non-selected alternative prevent direct
economic loss resulting from herring harvest that would be foregone by
vessel owners concerned about haddock bycatch and the potential for
resulting regulatory violations under the no-action alternative. By
allowing for the incidental catch of groundfish, both the proposed
action and the other alternative would enable herring vessels to
continue fishing even if they encounter groundfish. This is
particularly important in herring Management Area 3 (GB), where herring
vessels are most likely to encounter groundfish. The herring fishery
has not fully harvested the allowed catch from Area 3 and the resource
in that area can support increased fishing effort. Estimate foregone
revenues from not fishing in Area 3 would be $2,123,727 based on
preliminary reported herring landings during 2005 (13,029 mt) and an
average price for herring of $163 per mt. Foregone revenues could be as
high as $8,150,000 based on utilization of the entire available TAC
from Area 3 (50,000 mt). This assumes that the herring fleet would not
fish in Area 3 at all for fear of being in violation of the prohibition
on the possession of haddock and other regulated groundfish on every
trip and therefore represents an upper bound to the range of expected
impacts. Also, the proposed action would have the least impact on small
entities because it would not impose a 1,000 lb (453 kg) possession
limit, thereby allowing vessels that unintentionally run into a large
amount of haddock to continue fishing, while still imposing an upper
limit on haddock catches by shutting down 90 percent of the area where
haddock is caught if the herring fleet reaches the haddock TAC .
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 14, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator For Regulatory Programs, National
Marine Fisheries Service.
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 definition of ``Exempted gear'' is revised
to read as follows:
Sec. 648.2 Definitions.
Exempted gear, with respect to the NE multispecies fishery, means
gear that is deemed to be not capable of catching NE multispecies, and
includes: Pelagic hook and line, pelagic longline, spears, rakes,
diving gear, cast nets, tongs, harpoons, weirs, dipnets, stop nets,
pound nets, pelagic gillnets, pots and traps, shrimp trawls (with a
properly configured grate as defined under this part), and surfclam and
ocean quahog dredges.
3. In Sec. 648.14, paragraph (bb)(20) is revised, and paragraphs
(a)(166), (a)(167), (a)(168), and (bb)(21) through (24) are added to
read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(166) Sell, purchase, receive, trade, barter, or transfer haddock
or other regulated multispecies, or attempt to sell, purchase, receive,
trade, barter, or transfer haddock or other regulated multispecies
(cod, witch flounder, plaice, yellowtail flounder, pollock, winter
flounder, windowpane flounder, redfish, and white hake) for, or
intended for, human consumption landed by a Category 1 herring vessel
as defined in Sec. 648.2.
(167) Fail to comply with requirements for herring processors/
dealers that handle individual fish to separate out and retain all
haddock offloaded from a Category 1 herring vessel, and to retain such
catch for at least 12 hr with the vessel that landed the haddock
clearly identified by name.
(168) Sell, purchase, receive, trade, barter, or transfer, or
attempt to sell, purchase, receive, trade, barter, or transfer to
another person any haddock or other regulated multispecies (cod,
[[Page 35604]]
witch flounder, plaice, yellowtail flounder, pollock, winter flounder,
windowpane flounder, redfish, and white hake) separated out from a
herring catch offloaded from a Category 1 herring vessel as defined in
Sec. 648.2.
(bb) * * *
(20) If the vessel has been issued a Category 1 herring permit and
is fishing for herring, fail to notify the NMFS Office of Law
Enforcement of the time and date of landing via VMS at least 6 hr prior
to landing or crossing the VMS demarcation line on its return trip to port.
(21) Possess, land, transfer, receive, sell, purchase, trade, or
barter, or attempt to transfer, receive, purchase, trade, or barter, or
sell more than 2,000 lb (907 kg) of Atlantic herring per trip taken
from the GOM/GB Herring Exemption Area defined in Sec.
648.86(a)(3)(ii)(A)(1) following the effective date of the
determination that the haddock cap has been reached pursuant to Sec.
648.86(a)(3), unless all of the herring possessed or landed by a vessel
was caught outside of that area.
(22) If fishing with midwater trawl or a purse seine gear, fail to
comply with the requirements of Sec. 648.80(d) and (e).
(23) Discard haddock at sea if a Category 1 herring vessel.
(24) Transit the GOM/GB Herring Exemption Area when that area is
limited to the 2,000-lb (907-kg) limit specified in Sec.
648.86(a)(3)(ii)(A)(1) with more than 2,000 lb (907 kg) of herring,
unless all the herring on board was caught outside of that area and all
fishing gear is stowed and not available for immediate use as required
by Sec. 648.23(b).
* * * * *
4. In Sec. 648.15, paragraphs (d) and (e) are added to read as
follows:
Sec. 648.15 Facilitation of enforcement.
* * * * *
(d) Retention of haddock by herring dealers and processors. (1)
Federally permitted herring dealers and processors, including at-sea
processors, that receive herring from Category 1 herring vessels, and
that cull or separate out from the herring catch all fish other than
herring in the course of normal operations, must separate out and
retain all haddock offloaded from a Category 1 herring vessel. Such
haddock may not be sold, purchased, received, traded, bartered, or
transferred, and must be retained for at least 12 hours with the vessel
that landed the haddock clearly identified, and law enforcement
officials must be given access to inspect the haddock.
(2) All haddock separated out and retained is subject to reporting
requirements specified at Sec. 648.7.
(e) Retention of haddock by Category 1 herring vessels. All
Category 1 herring vessels must retain all the haddock that they catch.
5. In Sec. 648.80, paragraphs (d), (e), and (g)(3) are revised to
read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
(d) Midwater trawl gear exempted fishery. Fishing may take place
throughout the fishing year with midwater trawl gear of mesh size less
than the applicable minimum size specified in this section, provided that:
(1) Midwater trawl gear is used exclusively;
(2) When fishing under this exemption in the GOM/GB Exemption Area,
as defined in paragraph (a)(17) 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
the following restrictions:
(i) The vessel only fishes for, possesses, or lands Atlantic
herring, blueback herring, or mackerel in areas north of 42[deg]20' N.
lat. and in the areas described in Sec. 648.81(a)(1), (b)(1), and
(c)(1); and Atlantic herring, blueback herring, mackerel, or squid in
all other areas south of 42[deg]20' N. lat.; and
(ii) The vessel is issued a letter of authorization for a minimum
of 7 days.
(3) The vessel must carry a NMFS-approved sea sampler/observer, if
requested by the Regional Administrator;
(4) The vessel does not fish for, possess or land NE multispecies,
except that Category 1 herring vessels may possess and land haddock or
other regulated NE multispecies (cod, witch flounder, plaice,
yellowtail flounder, pollock, winter flounder, windowpane flounder,
redfish, and white hake) consistent with the incidental catch allowance
and bycatch caps specified in Sec. 648.86(a)(3). Such haddock or other
regulated NE multispecies may not be sold, purchased, received, traded,
bartered, or transferred, or attempted to be sold, purchased, received,
traded, bartered, or transferred for, or intended for, human
consumption. Haddock or other regulated NE multispecies that is
separated out from the herring catch pursuant to Sec. 648.15(d) may
not be sold, purchased, received, traded, bartered, or transferred, or
attempted to be sold, purchased, received, traded, bartered, or
transferred for any purpose. Category 1 vessels must retain all haddock
they catch;
(5) To fish for herring under this exemption, vessels issued a
Category 1 herring permit defined in Sec. 648.2 must provide notice to
NMFS of the vessel name; contact name for coordination of observer
deployment; telephone number for contact; and the date, time, and port
of departure, at least 72 hr prior to beginning any trip into these
areas for the purposes of observer deployment; and
(6) All Category 1 herring vessels on a declared herring trip must
notify NMFS Office of Law Enforcement through VMS of the time and place
of offloading at least 6 hr prior to crossing the VMS demarcation line
on their return trip to port, or, for vessels that have not fished
seaward of the VMS demarcation line, at least 6 hr prior to landing.
The Regional Administrator may adjust the prior notification minimum
time through publication of a notice in the Federal Register consistent
with the Administrative Procedure Act.
(e) Purse seine gear exempted fishery. Fishing may take place
throughout the fishing year with purse seine gear of mesh size smaller
than the applicable minimum size specified in this section, provided that:
(1) The vessel uses purse seine gear exclusively;
(2) When fishing under this exemption in the GOM/GB Exemption Area,
as defined in paragraph (a)(17) of this section, the vessel has on
board a letter of authorization issued by the Regional Administrator
and complies with the following:
(i) The vessel only fishes for, possesses, or lands Atlantic
herring, blueback herring, mackerel, or menhaden; and
(ii) The vessel must carry a NMFS-approved sea sampler/observer, if
requested to do so by the Regional Administrator;
(3) The vessel is issued a letter of authorization for a minimum of
7 days, and cancels it only as instructed by the Regional
Administrator; and
(4) The vessel does not fish for, possess or land NE multispecies,
except that Category 1 herring vessels may possess and land haddock or
other regulated multispecies (cod, witch flounder, plaice, yellowtail
flounder, pollock, winter flounder, windowpane flounder, redfish, and
white hake) consistent with the incidental catch allowance and bycatch
caps specified in Sec. 648.86(a)(3). Such haddock or other regulated
multispecies may not be sold, purchased, received, traded, bartered, or
transferred, or attempted to be sold, purchased, received, traded,
bartered, or transferred for, or intended for, human consumption.
Haddock or other
[[Page 35605]]
regulated multispecies that is separated out from the herring catch
pursuant to Sec. 648.15(d) may not be sold, purchased, received,
traded, bartered, or transferred, or attempted to be sold, purchased,
received, traded, bartered, or transferred for any purpose. Category 1
vessels must retain all haddock they catch;
(5) To fish for herring under this exemption, vessels issued a
Category 1 herring permit as defined in Sec. 648.2 must provide notice
to NMFS of the vessel name; contact name for coordination of observer
deployment; telephone number for contact; and the date, time, and port
of departure, at least 72 hr prior to beginning any trip into these
areas for the purposes of observer deployment; and
(6) All Category 1 herring vessels must notify NMFS Office of Law
Enforcement through VMS of the time and place of offloading at least 6
hr prior to crossing the VMS demarcation line on their return trip to
port, or, for vessels that have not fished seaward of the VMS
demarcation line, at least 6 hr prior to landing. The Regional
Administrator may adjust the prior notification minimum time through
publication of a notice in the Federal Register consistent with the
Administrative Procedure Act.
* * * * *
(g) * * *
(3) Pair trawl prohibition. No vessel may fish for NE multispecies
while pair trawling, or possess or land NE multispecies that have been
harvested by means of pair trawling, except as authorized under
paragraph (d) of this section.
* * * * *
6. In Sec. 648.83, paragraph (b)(4) is added to read as follows:
Sec. 648.83 Multispecies minimum fish sizes.
* * * * *
(b) * * *
(4) Category 1 herring vessels may possess and land haddock and
other regulated multispecies (cod, witch flounder, plaice, yellowtail
flounder, pollock, winter flounder, windowpane flounder, redfish, and
white hake) that are smaller than the minimum size specified under
Sec. 648.83, consistent with the bycatch caps specified in Sec. Sec.
648.86(a)(3) and 648.86 (j). Such fish may not be sold for human
consumption.
* * * * *
7. In Sec. 648.85, paragraph (d) is added to read as follows:
Sec. 648.85 Special management programs.
* * * * *
(d) Incidental catch allowance for Category 1 herring vessels. The
incidental catch allowance for Category 1 herring vessels is defined as
0.2 percent of the combined target TAC for Gulf of Maine haddock and
Georges Bank haddock (U.S. landings only) specified according to Sec.
648.90(a) for a particular multispecies fishing year.
8. In Sec. 648.86, paragraph (i) is moved and reserved and
paragraphs (a)(3) and (k) are added to read as follows:
Sec. 648.86 Multispecies possession restrictions.
* * * * *
(a) * * *
(3)(i) Incidental catch allowance for herring Category 1 vessels.
Category 1 herring vessels defined in Sec. 648.2 may possess and land
haddock on all trips that do not use a NE multispecies DAS, subject to
the requirements specified in Sec. 648.80(d) and (e).
(ii) Haddock Incidental Catch Cap. (A)(1) When the Regional
Administrator has determined that the incidental catch allowance in
Sec. 648.85 (d) has been caught, all vessels issued a herring permit
or fishing in the Federal portion of the GOM/GB Herring Exemption Area,
defined below, are prohibited from fishing for, possessing, or landing
herring in excess of 2,000 lb (907 kg) per trip in or from the GOM/GB
Herring Exemption Area, unless all herring possessed and landed by the
vessel were caught outside the GOM/GB Herring Exemption Area and the
vessel complies with the gear stowage provisions specified in paragraph
(a)(3)(ii)(A)(3) of this section while transiting the Exemption Area.
Upon this determination, the haddock possession limit is reduced to 0
lb (0 kg) for all Category 1 herring vessels regardless of where they
were fishing. In making this determination, the Regional Administrator
shall use haddock landings observed by NMFS-approved observers and law
enforcement officials, and reports of haddock catch submitted by
vessels and dealers pursuant to the reporting requirements of this
part. The GOM/GB Herring Exemption Area is defined by the straight
lines connecting the following points in the order stated (copies of a
map depicting the area are available from the Regional Administrator
upon request):
GB/GOM Herring Exemption Area
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
1 41[deg] 33.05' 70[deg] 00'
2 41[deg] 20' 70[deg] 00'
3 41[deg] 20' 69[deg] 50'
4 41[deg] 10' 69[deg] 50'
5 41[deg] 10' 69[deg] 30'
6 41[deg] 00' 69[deg] 30'
7 41[deg] 00' 68[deg] 50'
8 39[deg] 50' 68[deg] 50'
9 39[deg] 50' 66[deg] 40'
10 40[deg] 30' 66[deg] 40'
11 40[deg] 30' 64[deg]
44.34'
12 41[deg] 50' 66[deg]
51.94'
13 41[deg] 50' 67[deg] 40'
14 44[deg] 00' 67[deg] 40'
15 44[deg] 00' 67[deg] 50'
16 44[deg] 10' 67[deg] 50'
17 44[deg] 27' 67[deg]
59.18'
18 ME, NH, MA Coast ...........
lines
19 41[deg] 33.05' 70[deg] 00'
------------------------------------------------------------------------
(2) The haddock incidental catch cap specified is for the NE
multispecies fishing year (May 1 April 30), which differs from the
herring fishing year (January 1 December 31). If the haddock catch cap
is attained by the Category 1 herring fishery, the 2,000-lb (907-kg)
limit on herring possession and landings in the GOM/GB Herring
Exemption Area will be in effect until the end of the NE multispecies
fishing year. For example, the 2006 haddock catch cap would be
specified for the period May 1, 2006 April 30, 2007, and the 2007
haddock catch cap would be specified for the period May 1, 2007 April
30, 2008. If the catch of haddock by Category 1 vessels reached the
2006 catch cap at any time prior to the end of the NE multispecies
fishing year (April 30, 2007), the 2,000-lb (907-kg) limit on
possession or landing herring in the GOM/GB Herring Exemption Area
would extend through April 30, 2007, at which time the 2007 catch cap
would go into effect.
(3) A vessel may transit the GOM/GB Herring Exemption Area with
more than 2,000 lb (907 kg) of herring when the haddock catch cap in
Sec. 648.86 (a)(3)(ii)(A)(1) has been caught, providing that all of
the herring possessed or landed by the vessel was caught outside of the
GOM/GB Herring Exemption Area and all fishing gear is stowed and not
available for immediate use as required by Sec. 648.23(b).
* * * * *
(i) [Reserved.]
(k) Other regulated NE multispecies possession restrictions for
herring vessels. Incidental catch allowance for herring Category 1
vessels. Category 1 herring vessels defined in Sec. 648.2 may possess
and land up to 100 lb (45 kg) of other regulated NE multispecies (cod,
[[Page 35606]]
witch flounder, plaice, yellowtail flounder, pollock, winter flounder,
windowpane flounder, redfish, and white hake) on all trips that do not
use a multispecies DAS, subject to the requirements specified in Sec.
648.80(d) and (e). Such fish may not be sold for human consumption.
[FR Doc. 06-5537 Filed 6-16-06; 11:43 am]
BILLING CODE 3510-22-S