Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Amendment 13 and Framework Adjustment 40-A, 45628-45638 [05-15644]
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
at (202) 523–5800 or by electronic mail
at jgregory@fmc.gov.
List of Subjects for 46 CFR Part 531
insurance, or other surety as required by
sections 8 and 19 of the Act.
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Exports, Non-vessel-operating
common carriers, Ocean transportation
intermediaries.
For the reasons set forth in the
preamble, the Federal Maritime
Commission proposes to amend 46 CFR
part 531 as follows:
Bryant L. VanBrakle,
Secretary.
[FR Doc. 05–15641 Filed 8–5–05; 8:45 am]
PART 531—NVOCC SERVICE
ARRANGEMENTS
National Oceanic and Atmospheric
Administration
1. The authority citation for part 531
continues to read as follows:
50 CFR Part 648
Authority: 46 U.S.C. app. 1715.
2. Revise paragraph (o) of § 531.3 to
read as follows:
§ 531.3
Definitions.
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(o) NSA shipper means a cargo owner,
the person for whose account the ocean
transportation is provided, the person to
whom delivery is to be made, a
shippers’ association, or an ocean
transportation intermediary, as defined
in section 3(17)(B) of the Act, that
accepts responsibility for payment of all
applicable charges under the NSA.
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3. Revise paragraph (a) of § 531.5 to
read as follows:
§ 531.5
Duty to file.
(a) The duty under this part to file
NSAs, amendments and notices, and to
publish statements of essential terms,
shall be upon the NVOCC acting as
carrier party to the NSA.
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4. Revise paragraph (c)(2) and add
paragraph (d)(4) to § 531.6 to read as
follows:
§ 531.6
NVOCC Service Arrangements.
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(c) * * *
(2) Make reference to terms not
explicitly contained in the NSA itself
unless those terms are contained in a
publication widely available to the
public and well known within the
industry. Reference may not be made to
a tariff of a common carrier other than
the NVOCC acting as carrier party to the
NSA.
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(d) * * *
(4) No NVOCC may knowingly and
willfully enter into an NSA with an
ocean transportation intermediary that
does not have a tariff and a bond,
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BILLING CODE 6730–01–P
DEPARTMENT OF COMMERCE
[Docket No.050520136–5136–01; I.D.
040705A]
RIN 0648–AS80
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Amendment 13 and
Framework Adjustment 40–A
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: The final rule implementing
Amendment 13 and the interim final
rule implementing Framework
Adjustment (Framework) 40–A to the
Northeast (NE) Multispecies Fishery
Management Plan (FMP) contained
several inadvertent errors and
omissions. The intent of this proposed
rule is to correct these inadvertent errors
and omissions, clarify specific
regulations to maintain consistency
with and accurately reflect the intent of
Amendment 13 and Framework 40–A,
and seek comment on these proposed
corrections and clarifications. This
action is being taken by NMFS under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Written comments must be
received on or before September 7,
2005.
You may submit comments
by any of the following methods:
• E-mail: MulA13Corr@NOAA.gov.
Include in the subject line the following:
‘‘Comments on the Proposed Rule to
Correct/Modify NE Multispecies
Amendment 13.’’
• Federal e-Rulemaking Portal: http:/
www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
ADDRESSES:
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Mark the outside of the envelope,
‘‘Comments on the Proposed Rule to
Correct/Modify NE Multispecies
Amendment 13.’’
• Fax: (978) 281–9135.
Copies of the Regulatory Impact
Review (RIR) and the Initial Regulatory
Flexibility Analysis (IRFA) prepared for
this action are available upon request
from the Regional Administrator at the
above address. Copies of the Final
Supplemental Environmental Impact
Statement (FSEIS) prepared for
Amendment 13 and the environmental
assessment (EA) prepared for
Framework 40–A may be obtained from
Paul J. Howard, Executive Director, New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
MA 01950.
FOR FURTHER INFORMATION CONTACT:
Douglas W. Christel, Fishery Policy
Analyst, phone (978) 281–9141, fax
(978) 281–9135.
SUPPLEMENTARY INFORMATION:
Background
Amendment 13 was developed by the
New England Fishery Management
Council (Council) to end overfishing
and rebuild NE multispecies stocks
managed under the authority of the
Magnuson-Stevens Act. NMFS proposed
measures to implement Amendment 13
on January 29, 2004 (69 FR 4362). The
proposed rule contained a detailed
description of the development of
Amendment 13. NMFS published final
regulations to implement the approved
measures in Amendment 13 in the
Federal Register on April 27, 2004 (69
FR 22906). The majority of the measures
in the final rule became effective on
May 1, 2004.
However, the final rule implementing
Amendment 13 contained several
inadvertent errors and inconsistencies
with the intent of Amendment 13, as
specified below. This action proposes to
correct these errors, and clarify or
modify the current regulations to
maintain consistency with Amendment
13 as proposed by the Council and
partially approved by the Secretary of
Commerce.
Framework 40–A was developed by
the Council to provide additional
opportunities for NE multispecies
vessels to target healthy stocks in an
effort to help achieve optimum yield
from the fishery and to mitigate some of
the economic impacts resulting from
effort reductions implemented under
Amendment 13. NMFS published a
proposed rule to implement Framework
40–A on September 14, 2004 (69 FR
55388). The proposed rule contained a
detailed description of the development
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of Framework 40–A. NMFS published
an interim final rule implementing
Framework 40–A measures on
November 19, 2004 (69 FR 67780),
which became effective on November
19, 2004. The measures proposed in this
action that would modify provisions
implemented through the interim final
rule for Framework 40–A are not
intended to be implemented on an
interim basis.
Proposed Measures
1. Monkfish Permit Category
Descriptions
The regulations at § 648.4(a)(9)
establish four limited access monkfish
permit categories based on the size of
the vessel and whether the vessel also
possesses a limited access NE
multispecies or Atlantic sea scallop
permit. The regulations at § 648.92(b), as
amended by Amendment 2 to the
monkfish FMP (April 28, 2005; 70 FR
21927), state that vessels currently
possessing a limited access NE
multispecies permit that also possess a
valid limited access monkfish permit
(i.e., currently a Category C or D
monkfish permit) must use a
multispecies DAS concurrently with
their monkfish Days-at-Sea (DAS).
These regulations do not differentiate
between a limited access NE
multispecies DAS category permit and
other limited access NE multispecies
permits, including the new Handgear A
permit implemented under Amendment
13, thereby creating some confusion to
its applicability. Since a limited access
Handgear A permit is not a DAS
category permit and does not require a
vessel to use a DAS to fish for
groundfish, this regulation essentially
precludes those vessels that have been
issued a limited access monkfish
Category A or B permit (i.e., monkfish
vessels not issued a limited access NE
multispecies or scallop permit), and that
qualify for a limited access Handgear A
permit, from obtaining the new limited
access Handgear A permit. Further, it is
possible that a vessel currently issued a
limited access monkfish Category C or D
permit may also qualify for a limited
access Handgear A permit based upon
its previous fishing history. That is, the
regulations at § 648.92(b) currently
prohibit, unintentionally and contrary
to the intent of the measure, a vessel
issued a Category C or D monkfish
permit that qualifies for a limited access
NE multispecies Handgear A permit
from obtaining such a permit, because
Category C or D monkfish vessels must
use a NE multispecies DAS when
fishing under a monkfish DAS.
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This action would clarify that limited
access monkfish Category C and D
permits may be issued only to those
vessels that have been issued a limited
access monkfish permit and a limited
access NE multispecies DAS category
permit or a limited access scallop DAS
permit. This action would also clarify
that limited access monkfish Category A
and B permits may be issued to vessels
without a NE multispecies DAS category
permit or a limited access scallop DAS
permit.
2. Vessel Monitoring System (VMS)
Power-down Exemption
Amendment 13 included a provision
to allow vessels issued a limited access
NE multispecies permit to turn off their
VMS units for a minimum period of one
calendar month by obtaining a letter of
exemption. This measure provides an
opportunity to reduce costs, since a
vessel operator can choose to turn the
vessel′s VMS off, if the vessel is exiting
the fishery for an extended period. The
use of one calendar month as the
minimum participation period was
intended to facilitate the administration
of the power-down exemption.
However, industry has indicated that
this requirement represents an
unnecessary burden on vessels (e.g., if a
vessel requested a letter of exemption
on September 15, it would be required
to remain under the exemption until
November 1) and has requested that
NMFS modify this minimum
participation period to 30 calendar days.
Changing the participation period to a
minimum of 30 calendar days would
satisfy the intent of the measure as
defined in Amendment 13 without
unnecessarily limiting the operations of
the fishing industry to the beginning of
a calendar month, and would not add to
NMFS′s burden in administering the
VMS power-down exemption.
Therefore, this action would change the
participation period for the VMS powerdown exemption specified at
§ 648.9(c)(2)(i)(B) from one calendar
month to 30 calendar days.
3. Prohibitions for GB Hook Sector
Participants
Sector Landing Prohibition
Amendment 13 included provisions
to allow for the formation of fishing
sectors. The final rule implementing
Amendment 13 included several
prohibitions to enforce the regulations
governing Sector vessel operations. The
prohibition at § 648.14(a)(55) states that
it is unlawful for any dealer to purchase,
possess, or receive species in excess of
the possession limits specified in
§ 648.85 or 648.86. According to the
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regulations at § 648.87(c)(3), Sector
vessels may be issued letters of
authorization exempting these vessels
from any Federal fishing regulation,
including the possession limits
specified in § 648.85 or 648.86, in
accordance with an approved Sector
Operations Plan, provided such
exemptions are consistent with the goals
and objectives of the FMP. Accordingly,
this existing prohibition is inconsistent
with the possibility of a Sector receiving
an exemption from the possession
limits, and prevents dealers from
receiving species from Sector
participants, should an approved Sector
Operations Plan specify possession
limits in excess of those specified in
§ 648.85 or 648.86. To be consistent
with the exemption provision, this
action would modify the prohibition at
§ 648.14(a)(55) to allow dealers to
receive species from Sector participants
in accordance with an approved
Operations Plan as specified in § 648.87.
Sector Operations Prohibition
Amendment 13 approved the
formation of the GB Cod Hook Sector.
The existing prohibition at
§ 648.14(a)(156) inadvertently states that
vessels fishing under the GB Cod Hook
Sector may not fish in the NE
multispecies DAS program in a given
fishing year. Each approved Sector is
allocated a portion of the overall total
allowable catch (TAC), based upon the
fishing history of Sector participants.
The prohibition at § 648.14(a)(156) is
inconsistent with the intent of
Amendment 13 to allow an approved
Sector to set its own rules to ensure that
the TAC allocated will not be exceeded
through the implementation of Sector
hard TACs or DAS allocations, as
described in section 3.4.16.1 of the
FSEIS to Amendment 13. This action
would modify the prohibition at
§ 648.14(a)(156) to allow vessels
participating in the GB Cod Hook Sector
to fish under the NE multispecies DAS
program as authorized by their Sector
Operations Plan, which was approved
by NMFS on May 4, 2005 (70 FR 23096).
4. Rolling Closure Areas II and III
Regulations implementing the current
seasonal GOM Rolling Closure Areas
were originally published on May 5,
1999 (64 FR 24066), as part of the final
rule implementing Framework
Adjustment 27 to the FMP. The August
1, 2002, interim final rule (67 FR 50292)
retained the previous GOM Rolling
Closure Areas II and V, but modified the
GOM Rolling Closure Areas I, III, and
IV.
The August 1, 2002, interim final rule
contained inaccurate coordinate points
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defining the GOM Rolling Closure Area
II specified at § 648.81(g)(1)(ii). The
final two coordinate points for the GOM
Rolling Closure Area II were
erroneously defined as GM6, at 42°30′
N. lat. and 68°30′ W. long.; and GM9, at
42°30′ N. lat. and the intersection with
the Massachusetts shoreline. The correct
coordinate points are GM13, at 43°00′ N.
lat. and 68°30′ W. long.; and GM10, at
43°00′ N. lat. and the intersection with
the New Hampshire shoreline. On
March 25, 2003, NMFS published a final
rule amendment to an interim final rule
(68 FR 14347) to correct the inaccurate
coordinates contained within the
August 1, 2002, interim final rule. While
the actual coordinates were corrected in
the March 25, 2003, final rule, the
coordinate point GM9 was not corrected
to read GM10.
The August 1, 2002, interim final rule
also contained an additional error in the
coordinate points defining the GOM
Rolling Closure Area III at
§ 648.81(g)(1)(iii). This error was
continued in the final rule
implementing Amendment 13, but
specified at § 648.81(f)(1)(iii). The final
coordinate point for the GOM Rolling
Closure Area III should read GM18,
instead of GM10. These inadvertent
errors only apply to the names assigned
to specific coordinate points and do not
affect the actual coordinates contained
in the rule. Accordingly, this proposed
rule would amend the final rule
implementing Amendment 13 by
correcting the erroneous coordinate
point names by replacing point GM9
with point GM10 for the GOM Rolling
Closure Area II at § 648.81(f)(1)(ii), and
by replacing point GM10 with point
GM18 for the GOM Rolling Closure Area
III at § 648.81(f)(1)(iii).
5. GB Seasonal Closure Area
The GB Seasonal Closure Area was
first implemented through Framework
33 to the FMP (April 24, 2000; 65 FR
21658). This closure area stretches from
the eastern shore of Cape Cod to the
western boundary of Closed Area (CA)
II and prohibits vessels capable of
catching NE multispecies from fishing
in this area from May 1 through May 31.
As specified above, the management
measures in Framework 40–A were
implemented on November 19, 2004.
Framework 40–A included several new
programs that allow vessels to target
healthy stocks using a Category B
Regular DAS, including the Eastern
U.S./Canada Haddock Special Access
Program (SAP)Pilot Program. The
Eastern U.S./Canada Haddock SAP Pilot
Program allows vessels to fish for
haddock in an area bordering the
western edge of CA II and a small
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portion of the northern tip of the CA II
from May 1 through December 31. The
regulations implementing Framework
40–A inadvertently excluded a
provision that would exempt vessels
fishing under this SAP from the GB
Seasonal Closure Area. This omission is
inconsistent with the Council′s intent in
Framework 40–A.
Therefore, this action would revise
§ 648.81(g)(2) to include a provision to
exempt vessels fishing under the
Eastern U.S./Canada Haddock SAP Pilot
Program provisions at § 648.85(b)(8)
from the GB Seasonal Closure Area.
6. CA II Habitat Closure Area
The FSEIS for Amendment 13
included several alternatives for the CA
II Habitat Closure Area. The FSEIS
indicated that the Council selected
Habitat Alternative 10B instead of
Habitat Alternative 10A. Habitat
Alternative 10A was considered, but
rejected by the Council. However, in
both the proposed and the final rule
implementing Amendment 13, the
coordinates for the CA II Habitat Closure
Area inadvertently reflected the
coordinates under Habitat Alternative
10A of the FSEIS instead of the correct
coordinates defined under Habitat
Alternative 10B.
This action would replace the
inaccurate coordinates at
§ 648.81(h)(1)(v) for Habitat Alternative
10A with the correct coordinates for
Habitat Alternative 10B from the FSEIS.
While this correction would change the
area closed to all bottom tending mobile
gear within CA II, this action would not
affect current fishing operations within
CA II.
7. Eastern U.S./Canada Area Gear
Requirements
The final rule implementing
Amendment 13 included gear
restrictions for vessels targeting
regulated groundfish within the Eastern
U.S./Canada Area. These gear
restrictions are intended to reduce cod
bycatch within this area. The final rule
required that trawl vessels fishing
within this area use a haddock separator
trawl or one of two types of flounder
trawl nets, as defined at
§ 648.85(a)(3)(iii).
An informal trawl workshop was held
at the NMFS Northeast Regional Office
on May 27, 2004, to solicit input on the
above gear definitions specified in
Amendment 13. This workshop was
intended to gather together a range of
expertise regarding trawl gear to identify
possible deficiencies within these
definitions and to suggest refinements of
these definitions, if necessary. This
workshop resulted in a number of
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suggestions to refine these definitions
based on input from the participants. As
a result of this workshop, this action
proposes several revisions to the gear
definitions specified at § 648.85(a)(3)(iii)
and solicits additional public input on
the proposed revisions.
Participants in the May 27, 2004,
trawl workshop indicated that the use of
‘‘balloon nets’’ may compromise the
effectiveness of the haddock separator
panel as defined in Amendment 13.
They indicated that balloon nets contain
a greater number of meshes in the top
panel of the net than in the bottom
panel of the net, allowing the top panel
of the net to extend higher than the
bottom panel of the net. Participants
agreed that this would result in a higher
fishing circle (i.e., opening of the net)
than if both panels were made of an
equal number of meshes. In accordance
with the regulations at
§ 648.85(a)(3)(iii)(A), a separator panel
may be constructed such that the
forward edge of the separator panel is
80–85 percent of the width of the after
edge of the larger top panel of a balloon
net, instead of 80–85 percent of the
width of the after edge of the smaller
bottom panel of the net. A separator
panel constructed in this manner would
be wider than intended under the
current regulations and may be equal to
or greater than the width of the smaller
bottom panel of the net. A net that has
been designed so that the separator
panel is the same width or larger than
the width of the bottom panel of the net
may result in the separator panel
dropping down and mimicking the
bottom panel of the net by resting on top
of the bottom panel under normal
operations. This could potentially close
off the bottom portion of the net,
resulting in all fish being retained in the
upper portion of the net with the closed
codend, instead of allowing the cod to
escape through the opened bottom
portion of the net. To avoid this,
participants suggested modifying the
haddock separator trawl description to
state that the separator panel shall be
constructed such that the forward edge
of the panel is no less than 80 percent,
but not greater than 85 percent, and no
less than 90 percent, but not greater
than 95 percent, of the after edge of the
first bottom belly of the net where the
panel is attached for both two-seam and
four-seam bottom trawl nets,
respectively. This action proposes to
revise the haddock separator trawl
specified at § 648.85(a)(3)(iii)(A) as
described above.
The May 27, 2004, trawl workshop
also resulted in a number of suggested
revisions to the two flounder net
definitions specified at
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§ 648.85(a)(3)(iii). For both net
descriptions, the participants agreed
that the language restricting the vertical
dimension of the forward wing end to
3.0 ft (0.91 m) would not affect the
height of the fishing circle (i.e., opening
of the net) unless combined with
restrictions on the headrope/footrope
length. While the flounder trawl net
defined at § 648.85(a)(3)(iii)(B)(1)
includes a restriction on the headrope,
it was decided that the current
definition without the restriction on the
vertical dimension of the forward wing
end would maintain a relatively shallow
fishing circle under normal operations.
Participants also recommended
removing the prohibition on floats in
the center 50 percent of this net, stating
that it would negatively affect the
performance of the net and prevent the
center portion of the headrope from
maintaining the proper shape of the
fishing circle.
The flounder net defined at
§ 648.85(a)(3)(iii)(B)(2) specifies that the
mesh composing the square of the top
panel of the net shall not be smaller
than 12–inch (30.5–cm) square mesh.
The intent of this provision was to allow
vessels to target flounder while allowing
cod to escape through the large mesh in
the square of top panel of the net. This
provision should not have included the
requirement for square mesh within the
square of the top panel of the net. The
inclusion of the square mesh
requirement within the definition was
the result of a misinterpretation of
information used to define this flounder
trawl net. Twelve-inch (30.5–cm) square
mesh is not commercially available at
this time, while 12–inch (30.5–cm)
diamond mesh is available. Larger
square mesh is available, but at a greater
cost. As a result, gear manufacturers
have had to purchase 12–inch (30.5–cm)
diamond mesh and reorient it to meet
the square mesh requirements. This is
not only an additional expense to
comply with the current regulations, but
it also results in a weaker net design
that may change shape during normal
fishing operations. Participants in the
May 27, 2004, trawl workshop indicated
that, due to variations in the design and
construction of various flounder nets,
the potential exists for different
interpretations of the square of the net
and where to place the 12–inch (30.5–
cm) mesh specified in the definition of
the flounder trawl net at
§ 648.85(a)(3)(iii)(B)(2).
Accordingly, this action would
remove the regulations restricting the
vertical dimension of the forward wing
end to 3.0 ft (0.91 m) from
§§ 648.85(a)(3)(iii)(B)(1) and (2), and the
prohibition of floats in the center 50
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percent of the headrope for the flounder
trawl net specified at
§ 648.85(a)(3)(iii)(B)(1). In addition, this
action would change the definition of
the flounder net at
§ 648.85(a)(3)(iii)(B)(2) to allow for the
use of diamond mesh in the top panel
of the net, remove references to the
square of the net, and insert language
requiring that the top panel of the net
contain a section of mesh at least 10–ft
(3.05–m) long, stretching from selvedge
to selvedge, composed of at least 12–in
(30.5–cm) mesh, inserted no farther than
4.5 meshes behind the headrope.
Participants at the May 27, 2004, trawl
workshop were uncertain about the
appropriate length for the trouser
extension of the bottom codend of a
haddock separator trawl. NMFS,
therefore, specifically requests public
comment on the appropriate length for
the trouser extension of the bottom
codend of a haddock separator trawl.
Since square mesh is more costly than
diamond mesh, this action would
reduce the costs associated with
complying with this provision,
eliminate unnecessary restrictions on
gear, and simplify the gear requirements
for the Eastern U.S./Canada Area.
8. U.S./Canada Management Area Inseason Adjustment
The U.S./Canada Resource Sharing
Understanding implemented by
Amendment 13 included provisions to
authorize the Regional Administrator to
revise the gear requirements, modify
access to the U.S./Canada Management
Area, adjust the trip limits, and revise
the total number of trips into the U.S./
Canada Management Area to prevent the
over-harvesting or under-harvesting of
the specified U.S./Canada Management
Area TAC allocations. According to the
regulations at § 648.85(a)(3)(iv)(D), this
adjustment could be made when 30
percent and/or 60 percent of the U.S./
Canada Management Area TAC
allocations are projected to be
harvested. The current language is
ambiguous as to whether such
adjustments may be made only at the
precise event when 30 percent or 60
percent of the TAC’s would be landed
or at any time after those percentage
levels have been reached. NMFS
believes that the Council intended the
Regional Administrator to have
flexibility in adjusting measures at
different times during the fishing
season. Therefore, to eliminate the
current ambiguity, this action would
clarify the regulations at
§ 648.85(a)(3)(iv)(D) to specify that
adjustments to the U.S./Canada
Management Area provisions may be
made when 30 percent and/or 60
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45631
percent of the TAC allocations are
projected to be, or have been, harvested.
This allows more flexibility for the
Regional Administrator in
implementing such adjustments to
ensure that the TAC allocations are not
over-harvested or under-harvested for a
particular fishing year.
9. CA II Yellowtail Flounder SAP
Observer Declaration
The final rule implementing
Amendment 13 included an
administrative measure for the purpose
of selecting vessels for observer
coverage. Vessel owners who choose to
fish in either of the two U.S./Canada
Areas, including the CA II Yellowtail
Flounder SAP, must provide notice to
NMFS of the vessel name; contact name
for coordination of observer
deployment; telephone number for
contact; date, time, and port of
departure at least five working days
prior to the beginning of any trip that is
declared into the U.S./Canada
Management Area. The goal of this
requirement was to obtain a level of
observer coverage on NE multispecies
vessels fishing in the U.S./Canada
Management Area that is consistent
with the rest of the fishery. The
provision provides notification to the
NMFS Observer Program of planned
trips, prior to the departure of the trips,
so that the Observer Program has
sufficient time to contact and deploy
observers.
Although a notification period of five
working days was determined, at the
time of the implementation of the final
rule for Amendment 13, to be optimal
in terms of the operational requirements
of the NMFS Observer Program, public
comments received from numerous
industry members have indicated that a
shorter notification requirement would
provide vessels greater flexibility to
react to contingencies such as weather
developments. Upon further
consideration, NMFS has determined
that a notification period of 72 hours
represents an acceptable balance
between the requirements of the
Observer Program and the interests of
the fishing industry, while still meeting
the objectives of Amendment 13. On
June 14, 2004, a final rule, regulatory
amendment was published in the
Federal Register (69 FR 32900)
correcting this regulation for the U.S./
Canada Area at § 648.85(a)(3)(ii).
However, this rule inadvertently did not
correct the observer declaration for
vessels fishing in the CA II Yellowtail
Flounder SAP as specified at
§ 648.85(b)(3)(v). Therefore, this
proposed rule would reduce the
notification time for groundfish DAS
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vessels prior to departure of a trip into
the CA II Yellowtail Flounder SAP from
five working days to 72 hours.
10. Small-mesh Multispecies Possession
Restrictions
On March 29, 2000, NMFS published
the final rule implementing provisions
in Amendment 12 to the FMP (65 FR
16766). That rule contained revisions to
the regulations governing possession
limits for small-mesh multispecies. On
the same day, NMFS also published the
final rule implementing Framework
Adjustment 32 (Framework 32) to the
FMP (65 FR 16780). Framework 32
revised the regulations at § 648.86(d)
governing small-mesh multispecies,
superceding the regulations
implemented under Amendment 12. On
June 19, 2000, the final rule to
implement provisions under Framework
Adjustment 13 to the Atlantic Sea
Scallop FMP and Framework
Adjustment 34 to the NE Multispecies
FMP (Frameworks 13/34) was published
(65 FR 37903). However, when revising
the regulations governing small-mesh
multispecies possession limits at
§§ 648.86(d)(1)(i) through (iii), the final
rule for Frameworks 13/34 inadvertently
modified the regulations implemented
under Amendment 12 rather than the
regulations implemented under
Framework 32 that superceded those in
Amendment 12. This inadvertent error
was not discovered until recently.
This action would correct § 648.86(d)
to accurately reflect the intent of the
regulations implemented under
Framework 32, as well as any revisions
made to these regulations under
Amendment 13. Consistent with
Council intent, this correction would
remove the requirement that a letter of
authorization is necessary to fish for,
and/or possess, silver hake and offshore
hake caught with small mesh where
such a requirement should not exist as
a result of measures previously
implemented by Framework 32. This
paragraph would be further clarified to
maintain consistency with existing
regulations while at the same time
decreasing the complexity of the current
regulations pertaining to the net size
requirements and possession limits.
11. Yellowtail Flounder Possession
Limit Restrictions
The regulations at §§ 648.86(g)(1) and
(2) specify the yellowtail flounder
possession limits for vessels fishing
within the Cape Cod (CC)/Gulf of Maine
(GOM) Yellowtail Flounder Area and
the Southern New England (SNE)/MidAtlantic (MA) Yellowtail Flounder Area,
respectively. These provisions require
that vessels fishing within either of
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these areas possess on board a
yellowtail flounder possession/landing
authorization letter (or letter of
authorization(LOA)) issued by the
Regional Administrator. The LOA
specifies seasonal landing limits for
each area. Vessels possessing such an
LOA may fish outside of the CC/GOM
or SNE/MA Yellowtail Flounder Areas,
provided the vessels comply with the
possession/landing limits specified in
the LOA during the period of
participation.
Amendment 13 implemented the
U.S./Canada Management Area and the
CA II Yellowtail Flounder SAP to allow
U.S. vessels to fish for shared yellowtail
flounder resources within these areas.
These provisions established a
yellowtail flounder possession limit of
30,000 lb (13,608 kg) per trip for vessels
fishing within the CA II Yellowtail
Flounder SAP, while vessels fishing
outside of the SAP within the U.S./
Canada Management Area are not
restricted by daily or trip limits for
yellowtail flounder. The final rule
implementing Framework 40B (June 1,
2005; 70 FR 31323) revised the GB
yellowtail flounder trip limit for the CA
II Yellowtail Flounder SAP to 10,000 lb
(4,536 kg), but did not change the trip
limit in the U.S./Canada Management
Area outside of the SAP.
Under the current regulations, vessels
issued an LOA as specified above that
wish to participate in the U.S./Canada
Management Area or the CA II
Yellowtail Flounder SAP would be
required to abide by the restrictive
yellowtail flounder possession limits of
the CC/GOM or SNE/MA Yellowtail
Flounder Areas when operating within
the U.S./Canada Management Area
during the participation period. To
participate in the U.S./Canada
Management Area and its approved
SAP’s, and to be subject to the less
restrictive yellowtail flounder landing
limits for these areas, a vessel issued a
yellowtail flounder LOA would have to
wait a minimum of seven days before
cancelling its LOA before it may begin
a trip into the U.S/Canada Management
Area or an approved SAP. Given that
the provisions of the U.S./Canada
Management Area are very tightly
controlled (e.g., VMS, daily catch
reporting, etc.), this requirement
imposes unnecessary restrictions on
vessel activities, causes difficulties in
planning fishing trips, and makes
participation in these programs
administratively burdensome for NMFS.
As a result, this action would modify
the yellowtail flounder possession limit
restrictions by allowing vessels
possessing a yellowtail flounder LOA to
abide by the less restrictive yellowtail
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flounder possession limits of the U.S./
Canada Management Area and the CA II
Yellowtail Flounder SAP when
operating within these areas as specified
in §§ 648.85(a)(3) and 648.85(b)(3).
12. Offloading Requirement
The current regulations are not
explicit as to the disposition of a
vessel’s catch upon the completion of a
fishing trip. The regulations at
§§ 648.10(b)(2)(iii) and (c)(3) state that
DAS counting, and therefore a fishing
trip, ends when a vessel has either
crossed the VMS demarcation line
defined at § 648.10(a), or has called out
of the DAS program, respectively. The
regulations at § 648.85 specify the
possession restrictions for species
managed by the U.S./Canada Resource
Sharing Understanding, while the
regulations at § 648.86 specify the
haddock, cod, Atlantic halibut, smallmesh multispecies, and yellowtail
flounder possession restrictions for
vessels fishing outside of the U.S./
Canada Management Area. Possession
restrictions include landing limits
specified for each species on a per DAS
or per trip basis.
This action proposes to include an
explicit provision in the regulations at
§ 648.86 requiring a vessel that has
ended its trip (i.e., by crossing the VMS
demarcation line or calling out of the
DAS program) to offload species
regulated by a daily landing limit (i.e.,
pounds per DAS) prior to leaving port
and beginning a subsequent fishing trip.
Offloading species for which there is a
daily landing limit is necessary to
effectively enforce these limits.
Conversely, a vessel that has ended its
trip could retain on board species
regulated by an overall trip limit (i.e.,
pounds per trip) for a subsequent trip,
provided the vessel abides by the
overall trip limit for those species
during that subsequent trip.
13. GB Cod Hook Sector Liability
Regulations
The January 29, 2004, proposed rule
to implement Amendment 13 specified
that the Sector and its participants
would be held liable for any violations
of applicable Federal regulations. The
April 27, 2004, final rule expanded
upon this, specifying that it shall be
unlawful for any Sector, Sector vessel,
and Sector vessel operator and/or owner
to violate the conditions of an approved
Operations Plan or the LOA exempting
Sector vessels from specific regulations.
However, both the GB Cod Hook Sector
representatives and the Council
expressed concern that the regulations,
as written in the final rule
implementing Amendment 13, could be
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interpreted to expand NMFS′s
enforcement authority beyond that
which was intended in Amendment 13
and would make all violations of the
Operations Plan, including nonpayment of Sector dues, a violation of
Federal law.
Section 3.4.16 of the FEIS for
Amendment 13 indicates that the intent
of Sector provisions is to encourage selfgovernance of fishing activities. Further,
this section assigns responsibility to
enforce the provisions of an approved
Operations Plan to each Sector. Finally,
section 3.4.16.1.2.2 specifies that a
Sector is a legal entity that can be
subject to NMFS enforcement action for
violations of the regulations pertaining
to Sectors. Because the current
regulations could be broadly interpreted
to mean that any violation of an
approved Sector Operations Plan would
constitute a violation of Federal
regulations, NMFS proposes to clarify
the regulations at § 648.87(b)(2)(x) to
indicate that it would be unlawful for
Sector participants to violate the
conditions of an approved Sector
Operations Plan unless such conditions
and restrictions are identified as
administrative only in the Operations
Plan.
14. GB Cod Hook Sector Area
Coordinates
Both the January 29, 2004, proposed
rule and the April 27, 2004, final rule
implementing Amendment 13
incorrectly specified the intended
coordinates defining the GB Cod Hook
Sector Area. Within both rules, the
latitude and longitude for each
coordinate point defining this area were
inadvertently reversed such that the
latitude of each coordinate point
appeared in the longitude column and
the longitude of each coordinate point
appeared in the latitude column. The
coordinates specified in the current
regulations are not only geographically
impossible (e.g., 70°00′ N. Lat. does not
intersect the east-facing shoreline of
Cape Cod, MA), but many of the other
coordinates would also require GB Cod
Hook Sector vessels to fish outside of
the jurisdiction of NMFS. In addition, it
was observed that there were two
coordinate points named ‘‘HS3.’’ To
correct this inadvertent error, the final
three coordinate points should be
renamed ‘‘HS4,’’ ‘‘HS5,’’ and ‘‘HS6’’
instead of ‘‘HS3,’’ ‘‘HS4,’’ and ‘‘HS5.’’
Accordingly, this proposed rule would
modify the final rule implementing
Amendment 13 by renaming the
coordinate points as specified above and
by correcting the erroneous latitude and
longitude for each coordinate point for
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the GB Cod Hook Sector Area specified
at § 648.87(d)(1)(i).
15. Additional Corrections
In addition to the changes specified
above, the following changes to the final
rule implementing Amendment 13 are
proposed to correct inaccurate
references and to further clarify the
intent of Amendment 13. The changes
listed below are in the order in which
they appear in the regulations.
In § 648.2, the reference to the
specifications of pelagic gillnet gear at
‘‘§ 648.81(g)(2)(ii)’’ in the definition for
‘‘Gillnet gear capable of catching
multispecies’’ would be corrected to
read ‘‘§ 648.81(f)(2)(ii).≥
In § 648.14, paragraph (a)(134) would
be revised to include a cross reference
to the authority of the Regional
Administrator to close the Eastern U.S./
Canada Area as described under
§ 648.85(a)(3)(iv)(D) and a reference to
the Eastern U.S./Canada Haddock SAP
Pilot Program in § 648.85(b)(8).
In § 648.81(b)(2)(ii), the reference to
paragraph ‘‘(h)(v)’’ would be changed to
read ‘‘(h)(1)(v).
In § 648.81(b)(2)(iii), the reference to
the coordinates for the CA II Yellowtail
Flounder SAP in § 648.85(b)(3)(ii) and
the Eastern U.S./Canada Haddock SAP
Pilot Program in § 648.85(b)(8)(ii) would
be inserted to further clarify where
vessels may fish within CA II.
In § 648.82, in paragraph (b)(4), the
reference to ‘‘paragraphs (a)(3)(iii),
(a)(4)(iii), (b)(2)(iii), and (c)(2)(ii) of this
section’’ would be revised to read
‘‘paragraphs §§ 648.80(a)(3)(iii),
(a)(4)(iii), (b)(2)(iii), and (c)(2)(ii).’’
Further, in paragraph (f), the reference
to ‘‘§ 648.53(f)’’ would be changed to
read ‘‘§ 648.53(g).’’
In § 648.85, the word ‘‘calendar’’
would be inserted in front of the word
‘‘month’’ in paragraph (b)(3)(vi) to
clarify that vessels may only take a
maximum of two trips into the CA II
Yellowtail Flounder SAP per calendar
month as proposed in Amendment 13.
In addition, paragraph (b)(3)(x) would
be revised to clarify regulatory
references and to add language that
would allow gear other than a haddock
separator trawl or a flounder net to be
carried on board, provided this gear is
stowed in accordance with § 648.23(b).
In § 648.87(b)(2)(ix), the reference to
paragraph ‘‘(b)(2)(v)’’ would be
corrected to read ‘‘(b)(1)(v).’’
In § 648.90(a)(2)(iv), the reference to
paragraph ‘‘(a)(1)(vii)’’ would be
corrected to read ‘‘(a)(2)(vii).’’
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45633
Classification
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS has prepared an IRFA that
describes the economic impact this
proposed rule, if adopted, would have
on small entities. The IRFA prepared for
this action follows NMFS′s ‘‘Guidelines
for Economic Analysis of Fishery
Management Actions’’ (NMFS′s
guidelines). A description of the action,
why it is being considered, and the legal
basis for this action are contained at the
beginning of this section in the
preamble and in the SUMMARY. A
summary of the analysis follows:
The universe of vessels impacted by
this action are those vessels that have
currently been issued an active limited
access NE multispecies permit, an open
access NE multispecies Handgear B
permit, or a limited access monkfish
permit. Vessels that have currently been
issued a NE multispecies Handgear B
permit were formerly issued an open
access Handgear permit prior to the
implementation of Amendment 13 and
may qualify for a limited access
Handgear A permit under Amendment
13. Data from the NE permit application
database show that, as of October 4,
2004, there were 2,622 vessels issued a
limited access NE multispecies permit
or an open access NE multispecies
Handgear B permit, including a total of
1,304 vessels issued an open access
Handgear B permit. There were a total
of 712 vessels issued a limited access
monkfish permit. All of these vessels are
considered to be small entities
according to the definition provided by
the Small Business Administration and
described in the Regulatory Flexibility
Act.
Section 5.4 of the FSEIS prepared for
Amendment 13 and section 7.2.4 of the
EA prepared for Framework 40–A
provide an analysis of the economic
impacts resulting from the measures
implemented under Amendment 13 and
Framework 40–A, respectively. This
action references and builds upon the
analysis presented in the FSEIS and the
FRFA prepared for Amendment 13 and
the EA and the FRFA prepared for
Framework 40–A to assess the impacts
of this action. Due to a lack of data
reflecting costs associated with fishing,
changes in total revenue are considered
to be a proxy for changes in profitability
in this action. This analysis indicates
that individual vessels would be likely
to increase profitability under most
measures proposed in this action. This
action would allow limited access
monkfish vessels qualified to be issued
a limited access NE multispecies
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Handgear A permit to be issued such a
permit. The issuance of this permit to
Category A and B monkfish vessels
would allow these vessels additional
opportunities to fish, thereby increasing
vessel revenue. This action would also
eliminate some of the more restrictive
gear requirements for vessels operating
in the Eastern U.S./Canada Area. These
Amendment 13 restrictions pose further
economic costs for gear modifications
and reduced gear efficiency to vessels
without effectively increasing the
conservation benefits of the gear
requirements. Modification of these gear
requirements would reduce these
unnecessary costs and therefore increase
vessel revenues.
The administrative nature of the
revisions to the regulations proposed
under this action do not facilitate the
development of alternatives to this
action. Alternatives to the substantive
provisions revised through this action
have previously been developed as part
of the development of Amendment 13
and Framework 40–A.
This proposed rule does not contain
any new, nor does it revise any existing
reporting, recordkeeping, and other
compliance requirements.This proposed
rule does not duplicate, overlap or
conflict with other Federal rules, and
does not contain new reporting or
recordkeeping requirements.
A copy of this analysis is available
from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting.
Dated: August 2, 2005.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons stated in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.2, the definition for
‘‘Gillnet gear capable of catching
multispecies’’ is revised to read as
follows:
Definitions.
*
*
*
*
Gillnet gear capable of catching
multispecies means all gillnet gear
except pelagic gillnet gear specified at
§ 648.81(f)(2)(ii) and pelagic gillnet gear
that is designed to fish for and is used
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Jkt 205001
Vessel permits.
(a) * * *
(9) * * *
(i) * * *
(A) * * *
(1) Category A permit (vessels without
NE multispecies or scallop limited
access DAS permits). The vessel landed
at least 50,000 lb (22,680 kg) tail-weight
or 166,000 lb (75,297.6 kg) whole weight
of monkfish between February 28, 1991,
and February 27, 1995;
(2) Category B permit (vessels less
than 51 gross registered tonnage (GRT)
without NE multispecies or scallop
limited access DAS permits that do not
qualify for a Category A permit). The
vessel landed at least 7,500 lb (3,402 kg)
tail-weight or 24,900 lb (11,294.6 kg)
whole weight of monkfish between
February 28, 1991, and February 27,
1995;
(3) Category C permit (vessels with NE
multispecies or scallop limited access
DAS permits). The vessel landed at least
50,000 lb (22,680 kg) tail-weight or
166,000 lb (75,297.6 kg) whole weight of
monkfish between February 28, 1991,
and February 27, 1995; or
(4) Category D permit (all vessels with
NE multispecies limited access DAS
permits and vessels less than 51 GRT
with scallop limited access DAS permits
that do not qualify for a Category C
permit). The vessel landed at least 7,500
lb (3,402 kg) tail-weight or 24,900 lb
(11,294.6 kg) whole weight of monkfish
between February 28, 1991, and
February 27, 1995.
*
*
*
*
*
4. In § 648.9, paragraph (c)(2)(i)(B) is
revised to read as follows:
VMS requirements.
*
1. The authority citation for part 648
continues to read as follows:
*
§ 648.4
§ 648.9
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
§ 648.2
to fish for or catch tunas, swordfish, and
sharks.
*
*
*
*
*
3. In § 648.4, paragraphs (a)(9)(i)(A)(1)
through (4) are revised to read as
follows:
*
*
*
*
(c) * * *
(2) * * *
(i) * * *
(B) For vessels fishing with a valid NE
multispecies limited access permit, the
vessel owner signs out of the VMS
program for a minimum period of 30
consecutive days by obtaining a valid
letter of exemption pursuant to
paragraph (c)(2)(ii) of this section, the
vessel does not engage in any fisheries
until the VMS unit is turned back on,
and the vessel complies with all
conditions and requirements of said
letter; or
*
*
*
*
*
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5. In § 648.14, paragraphs (a)(55),
(a)(134), and (a)(156) are revised, and
paragraph (a)(169) is revised to read as
follows:
§ 648.14
Prohibitions.
(a) * * *
(55) Purchase, possess, or receive as a
dealer, or in the capacity of a dealer,
regulated species in excess of the
possession limits specified in § 648.85
or § 648.86 applicable to a vessel issued
a NE multispecies permit, unless
otherwise specified in § 648.17, or
unless the regulated species are
purchased or received from a member of
an approved Sector as specified at
§ 648.87 that is exempt from such
possession limits in accordance with an
approved Sector Operations Plan.
*
*
*
*
*
(134) If fishing under a NE
multispecies DAS, enter or fish in the
Eastern U.S./Canada Area specified in
§ 648.85(a)(1), if the area is closed under
the authority of the Regional
Administrator as described in
§ 648.85(a)(3)(iv)(D) or (E), unless
fishing in the Closed Area II Yellowtail
Flounder SAP specified in § 648.85(b)(3)
or the Eastern U.S./Canada Haddock
SAP Pilot Program specified in
§ 648.85(b)(8).
*
*
*
*
*
(156) If fishing under the Georges
Bank (GB) Cod Hook Sector, as
authorized under § 648.87, fish in the
NE multispecies DAS program in a
given fishing year, unless authorized by
an approved Sector Operations Plan, or
if fishing under a NE multispecies DAS,
fish under the GB Cod Hook Sector in
a given fishing year, unless as otherwise
provided under § 648.87(b)(1)(xii).
*
*
*
*
*
(169) If, upon the end of a fishing trip
as specified under § 648.10(b)(2)(iii) or
(c)(3), fail to offload regulated species
subject to a landing limit based on a
DAS fished under § 648.85 or 648.86, as
required by § 648.86(i).
*
*
*
*
*
6. In § 648.81, paragraphs (b)(2)(ii),
(b)(2)(iii), (f)(1)(ii), (f)(1)(iii), (g)(2)(ii),
(g)(2)(iii), and (h)(1)(v) are revised, and
paragraph (g)(2)(iv) is added to read as
follows:
§ 648.81 NE multispecies closed areas and
measures to protect EFH.
*
*
*
*
*
(b) * * *
(2) * * *
(ii) Fishing with tuna purse seine gear
outside of the portion of CA II known
as the Habitat Area of Particular
Concern, as described in paragraph
(h)(1)(v) of this section;
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(iii) Fishing in the CA II Yellowtail
Flounder SAP or the Eastern U.S./
Canada Haddock SAP Pilot Program as
specified at § 648.85(b)(3)(ii) or (b)(8)(ii),
respectively; or
*
*
*
*
*
(f) * * *
(1) * * *
(ii) Rolling Closure Area II. From
April 1 through April 30, the
restrictions specified in this paragraph
(f)(1)(ii) 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
GM1
GM2
GM3
GM5
GM13
GM10
N. Lat.
W. Long.
(1)
(2)
(3)
68°30′
68°30′
(4)
42°00′
42°00′
42°00′
42°00′
43°00′
43°00′
1
Massachusetts shoreline.
2 Cape Cod shoreline on Cape Cod Bay.
3 Cape Cod shoreline on the Atlantic
Ocean.
4 New Hampshire shoreline.
(iii) Rolling Closure Area III. From
May 1 through May 31, the restrictions
specified in paragraph (f)(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:
[May 1–May 31]
GM1
GM2
GM3
GM4
GM23
GM6
GM14
GM18
N. Lat.
W. Long.
42°00′
42°00′
42°00′
42°00′
42°30′
42°30′
43°30′
43°30′
(1)
(2)
(3)
70°00′
70°00′
68°30′
68°30′
(4)
1
Massachusetts shoreline.
Cape Cod shoreline on Cape Cod Bay.
Cape Cod shoreline on the Atlantic
Ocean.
4 Maine shoreline.
2
3
*
*
*
*
*
(g) * * *
(2) * * *
(ii) That are fishing as charter/party or
recreational vessels;
(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
§ 648.80(a)(11), provided the minimum
mesh size of the twine top used in the
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20:26 Aug 05, 2005
CLOSED AREA II HABITAT
CLOSURE AREA
Point
N. Lat.
CIIH1
CIIH2
CIIH3
CIIH4
CIIH5
CIIH6
CIIH1
42°10′
42°10′
42°00′
42°00′
41°50′
41°50′
42°10′
Jkt 205001
W. Long.
67°20′
67°9.3′
67°0.5′
67°10′
67°10′
67°20′
67°20′
*
*
*
*
*
7. In § 648.82, paragraphs (b)(4), and
(f) are revised to read as follows:
§ 648.82 Effort-control program for NE
multispecies limited access vessels.
*
ROLLING CLOSURE AREA III
Point
dredge by the vessel is 10 inches (25.4
cm), and provided that the vessel
complies with the NE multispecies
possession restrictions for scallop
vessels specified at § 648.80(h); or
(iv) That are fishing under a NE
multispecies DAS in the Eastern U.S./
Canada Haddock SAP Pilot Program as
defined at § 648.85(b)(8).
*
*
*
*
*
(h) * * *
(1) * * *
(v) Closed Area II Habitat Closure
Area. The restrictions specified in
paragraph (h)(1) of this section apply to
the Closed Area II Habitat Closure Area
(also referred to as the Habitat Area of
Particular Concern), which is the area
bound by straight lines connecting the
following points in the order stated:
*
*
*
*
(b) * * *
(4) Large Mesh Individual DAS
category. This category is for vessels
allocated individual DAS that area not
fishing under the Hook Gear,
Combination, or Individual DAS
categories. Beginning May 1, 2004, for a
vessel fishing under the Large Mesh
Individual DAS category, the baseline
for determining the number of NE
multispecies DAS available for use shall
be calculated based upon the fishing
history associated with the vessel′s
permit, as specified in paragraph (c)(1)
of this section. The number and
categories of DAS that are allocated for
use in a given fishing year are specified
in paragraph (d) of this section. The
number of Category A DAS shall be
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 §§ 648.80(a)(3)(iii), (a)(4)(iii),
(b)(2)(iii), and (c)(2)(ii).
*
*
*
*
*
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Fmt 4702
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45635
(f) Good Samaritan credit. See
§ 648.53(g).
*
*
*
*
*
8. In § 648.85, paragraphs (a)(3)(iii),
(a)(3)(iv)(D), (b)(3)(v), and (b)(3)(x) are
revised to read as follows:
§ 648.85
Special management programs.
(a) * * *
(3) * * *
(iii) Gear requirements. NE
multispecies vessels fishing with trawl
gear in the Eastern U.S./Canada Area
defined in paragraph (a)(1)(ii) of this
section must fish with a haddock
separator trawl or a flounder trawl net,
as described in paragraphs (a)(3)(iii)(A)
and (B) of this section (both nets may be
onboard the fishing vessel
simultaneously). Gear other than the
haddock separator trawl or the flounder
trawl net as described in paragraph this
(a)(3)(iii) may be on board the vessel
during a trip to the Eastern U.S./Canada
Area, provided the gear is stowed
according to the regulations at
§ 648.23(b). The description of the
haddock separator trawl and flounder
trawl net in this paragraph (a)(3)(iii)
may be further specified by the Regional
Administrator through publication of
such specifications in the Federal
Register, consistent with the
requirements of the Administrative
Procedure Act.
(A) Haddock separator trawl. A
haddock separator trawl is defined as a
groundfish trawl modified to a vertically
oriented trouser trawl configuration,
with two extensions arranged one over
the other, with a codend attached only
to the upper extension, and the bottom
extension left open and with no codend
attached. A horizontal separating panel
constructed with a minimum of 6.0–
inch (15.2–cm) diamond mesh must be
installed laterally between the selvedges
joining the upper and lower panels of a
two-seam net, as described in this
paragraph (a)(3)(iii)(A) and between the
side panels of a four-seam net as
described in paragraph (a)(3)(iii)(B) of
this section, to completely divide the
net into equal top and bottom portions.
The separator panel shall be constructed
so as to extend forward from the front
of the trouser junction to the after edge
of the first belly of the net.
(1) Two-seam bottom trawl nets. For
two-seam nets, the separator panel must
be constructed such that the stretched
width of the forward edge of the panel
is no less than 80 percent, but no larger
than 85 percent of the width of the after
edge of the first bottom belly of the net
where the separator panel is attached.
For example, if the first bottom belly of
the net is 200 meshes wide (from
selvedge to selvedge), the separator
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
panel must be not less than 160 meshes,
but no larger than 170 meshes wide.
(2) Four-seam bottom trawl nets. For
four-seam nets, the separator panel must
be constructed such that the stretched
width of the forward edge of the panel
is no less than 90 percent, but no larger
than 95 percent of the width of the after
edge of the first bottom belly of the net
where the separator panel is attached.
For example, if the first bottom belly of
the net is 200 meshes wide (from
selvedge to selvedge), the separator
panel must be no less than 180 meshes,
but no larger than 190 meshes wide. The
separator panel must be attached to both
of the side panels of the net along the
midpoint of the side panels. For
example, if the side panel is 100 meshes
tall, the separator panel must be
attached at the 50th mesh.
(B) Flounder trawl net. A flounder
trawl net is defined as bottom-tending
trawl gear meeting one of the following
two net descriptions:
(1) A two-seam, low-rise net
constructed with mesh size in
compliance with § 648.80(a)(4), where
the maximum footrope length is not
greater than 105 ft (32.0 m) and the
headrope is at least 30 percent longer
than the footrope. The footrope and
headrope lengths shall be measured
from the forward wing end.
(2) A two-seam, low-rise net
constructed with mesh size in
compliance with § 648.80(a)(4), with the
exception that the top panel of the net
contains a section of mesh at least 10 ft
(3.05 m) long and stretching from
selvedge to selvedge, composed of at
least 12–in (30.5–cm) mesh that is
inserted no farther than 4.5 meshes
behind the headrope.
(iv) * * *
(D) Other restrictions or in-season
adjustments. In addition to the
possession restrictions specified in this
paragraph (a)(3)(iv), when 30 percent
and/or 60 percent of the TAC
allocations specified under paragraph
(a)(2) of this section are projected to be,
or have been, harvested, the Regional
Administrator, through rulemaking
consistent with the Administrative
Procedure Act, may modify the gear
requirements, modify or close access to
the U.S./Canada Management Areas,
increase or decrease the trip limits
specified under paragraphs (a)(3)(iv)(A)
through (C) of this section, or modify
the total number of trips into the U.S./
Canada Management Area, to prevent
over-harvesting or under-harvesting the
TAC allocations.
*
*
*
*
*
(b) * * *
(3) * * *
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(v) Declaration. For the purposes of
selecting vessels for observer
deployment, a vessel must provide
notice to NMFS of the vessel name;
contact name for coordination of
observer deployment; telephone number
for contact; date, time and port of
departure; and special access program to
be fished, at least 72 hours prior to the
beginning of any trip which it declares
into the Special Access Program as
required under this paragraph (b)(3)(v).
Prior to departure from port, a vessel
intending to participate in the Closed
Area II Yellowtail Flounder SAP must
declare into this area through the VMS,
in accordance with instructions
provided by the Regional Administrator.
In addition to fishing in the Closed Area
II Yellowtail Flounder SAP, a vessel, on
the same trip, may also declare its intent
to fish in the area outside of Closed Area
II that resides within the Eastern U.S./
Canada Area as defined in paragraph
(a)(1)(ii) of this section, provided the
vessel fishes in these areas under the
most restrictive provisions of either the
Closed Area II Yellowtail Flounder SAP
or the Eastern U.S./Canada Area.
*
*
*
*
*
(x) Gear requirements. NE
multispecies vessels fishing with trawl
gear in the Eastern U.S./Canada Area
defined in paragraph (a)(1) of this
section must fish with a haddock
separator trawl or a flounder trawl net,
as described in paragraph (a)(3)(iii) of
this section (both nets may be onboard
the fishing vessel simultaneously). Gear
other than the haddock separator trawl
or the flounder trawl net as described in
paragraph (a)(3)(iii) of this section may
be on board the vessel during a trip to
the Eastern U.S./Canada Area, provided
the gear is stowed according to the
regulations at § 648.23(b).
*
*
*
*
*
9. In § 648.86, paragraphs (d),
(g)(1)(ii)(B), and (g)(2)(ii)(B) are revised,
and paragraphs (g)(4) and (i) are added
to read as follows:
§ 648.86 Multispecies possession
restrictions.
*
*
*
*
*
(d) Small-mesh multispecies. (1)
Vessels issued a valid Federal NE
multispecies permit specified under
§ 648.4(a)(1) are subject to the following
possession limits for small-mesh
multispecies, which are based on the
mesh size used by, or on board vessels
fishing for, in possession of, or landing
small-mesh multispecies.
(i) Vessels possessing on board or
using nets of mesh size smaller than 2.5
inches (6.35 cm). Owners or operators of
a vessel may possess and land not more
than 3,500 lb (1,588 kg) of combined
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Sfmt 4702
silver hake and offshore hake if either of
the following conditions apply:
(A) The mesh size of any net or any
part of a net used by or on board the
vessel is smaller than 2.5 inches (6.35
cm), as applied to the part of the net
specified in paragraph (d)(1)(iv) of this
section, as measured in accordance with
§ 648.80(f); or
(B) The mesh size of any net or part
of a net on board the vessel not
incorporated into a fully constructed net
is smaller than 2.5 inches (6.35 cm), as
measured by methods specified in
§ 648.80(f). ‘‘Incorporated into a fully
constructed net’’ means that any mesh
smaller than 2.5 inches (6.35 cm) that is
incorporated into a fully constructed net
may occur only in the part of the net not
subject to the mesh size restrictions
specified in paragraph (d)(1)(iv) of this
section, and the net into which the
mesh is incorporated must be available
for immediate use.
(ii) Vessels possessing on board or
using nets of mesh size equal to or
greater than 2.5 inches (6.35 cm) but
less than 3 inches (7.62 cm). Owners or
operators of a vessel that is not subject
to the possession limit specified in
paragraph (d)(1)(i) of this section, may
possess and land not more than 7,500 lb
(3,402 kg) of combined silver hake and
offshore hake if either of the following
conditions apply:
(A) The mesh size of any net or any
part of a net used by or on board the
vessel is equal to or greater than 2.5
inches (6.35 cm) but smaller than 3
inches (7.62 cm), as applied to the part
of the net specified in paragraph
(d)(1)(iv) of this section, as measured by
methods specified in § 648.80(f); or
(B) The mesh size of any net or part
of a net on board the vessel not
incorporated into a fully constructed net
is equal to or greater than 2.5 inches
(6.35 cm) but smaller than 3 inches
(7.62 cm), as measured by methods
specified in § 648.80(f). ‘‘Incorporated
into a fully constructed net’’ means that
any mesh smaller than 2.5 inches (6.35
cm) that is incorporated into a fully
constructed net may occur only in the
part of the net not subject to the mesh
size restrictions as specified in
paragraph (d)(1)(iv) of this section, and
the net into which the mesh is
incorporated must be available for
immediate use.
(iii) Vessels possessing on board or
using nets of mesh size equal to or
greater than 3 inches (7.62 cm). An
owner or operator of a vessel that is not
subject to the possession limits
specified in paragraphs (d)(1)(i) and (ii)
of this section may possess and land not
more than 30,000 lb (13,608 kg) of
combined silver hake and offshore hake
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if both of the following conditions
apply:
(A) The mesh size of any net or any
part of a net used by or on board the
vessel is equal to or greater than 3
inches (7.62 cm), as applied to the part
of the net specified in paragraph
(d)(1)(iv) of this section, as measured by
methods specified in § 648.80(f); and
(B) The mesh size of any net or part
of a net on board the vessel not
incorporated into a fully constructed net
is equal to or greater than 3 inches (7.62
cm), as measured by methods specified
in § 648.80(f). ‘‘Incorporated into a fully
constructed net’’ means that any mesh
smaller than 3 inches (7.62 cm) that is
incorporated into a fully constructed net
may occur only in the part of the net not
subject to the mesh size restrictions as
specified in paragraph (d)(1)(iv) of this
section, and the net into which the
mesh is incorporated must be available
for immediate use.
(iv) Application of mesh size.
Counting from the terminus of the net,
the mesh size restrictions specified in
paragraphs (d)(1)(i) through (iii) of this
section are only applicable to the first
100 meshes (200 bars in the case of
square mesh) for vessels greater than 60
ft (18.3 m) in length, and to the first 50
meshes (100 bars in the case of square
mesh) for vessels 60 ft (18.3 m) or less
in length. Notwithstanding any other
provision of this section, the restrictions
and conditions pertaining to mesh size
do not apply to nets or pieces of net
smaller than 3 ft (0.9 m) by 3 ft (0.9 m),
(9 sq ft (0.81 sq m)).
(2) Possession limit for vessels
participating in the northern shrimp
fishery. Owners and operators of vessels
participating in the Small-Mesh
Northern Shrimp Fishery Exemption
Area, as described in § 648.80(a)(3),
with a vessel issued a valid Federal NE
multispecies permit specified under
§ 648.4(a)(1), may possess and land
silver hake and offshore hake,
combined, up to an amount equal to the
weight of shrimp on board, not to
exceed 3,500 lb (1,588 kg). 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.
(3) Possession restriction for vessels
electing to transfer small-mesh NE
multispecies at sea. Owners and
operators of vessels issued a valid
Federal NE multispecies permit and
issued a letter of authorization to
transfer small-mesh NE multispecies at
sea according to the provisions specified
in § 648.13(b) are subject to a combined
silver hake and offshore hake possession
limit that is 500 lb (226.8 kg) less than
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20:26 Aug 05, 2005
Jkt 205001
the possession limit the vessel
otherwise receives. This deduction shall
be noted on the transferring vessel′s
letter of authorization from the Regional
Administrator.
*
*
*
*
*
(g) * * *
(1) * * *
(ii) * * *
(B) The vessel may not fish inside the
SNE/MA Yellowtail Flounder Area, for
a minimum of seven consecutive days
(when fishing with a limited access
Handgear A permit, under the NE
multispecies DAS program, or under the
monkfish DAS program if the vessels is
fishing under the limited access
monkfish Category C or D permit
provisions), unless otherwise specified
in paragraph (g)(3) of this section.
Vessels subject to these restrictions may
fish any portion of a trip in the portion
of the GB, SNE, and MA Regulated
Mesh Areas outside of the SNE/MA
Yellowtail Flounder Area, provided the
vessel complies with the possession
restrictions specified under this
paragraph (g), unless otherwise
specified in paragraph (g)(4) of this
section. Vessels subject to these
restrictions may transit the SNE/MA
Yellowtail Flounder Area, provided the
gear is stowed in accordance with
§ 648.23(b).
*
*
*
*
*
(2) * * *
(ii) * * *
(B) The vessel may not fish in the
Cape Cod/GOM Yellowtail Flounder
Area for a minimum of seven
consecutive days (when fishing with a
limited access Handgear A permit,
under the NE multispecies DAS
program, or under the monkfish DAS
program if the vessel is fishing under
the limited access monkfish Category C
or D permit provisions), unless
otherwise specified in paragraph (g)(3)
of this section. Vessels subject to these
restrictions may fish any portion of the
GB, SNE, and MA Regulated Mesh
Areas outside of the Cape Cod/GOM
Yellowtail Flounder Area, provided the
vessel complies with the possession
restrictions specified under this
paragraph (g), unless otherwise
specified in paragraph (g)(4) of this
section. Vessels subject to these
restrictions may transit the Cape Cod/
GOM Yellowtail Flounder Area,
provided gear is stowed in accordance
with § 648.23(b).
*
*
*
*
*
(4) Vessels that obtain a yellowtail
flounder possession/landing letter of
authorization as specified under
paragraphs (g)(1)(ii)(A) and (g)(2)(ii)(A)
of this section and that fish on a
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45637
separate trip in the U.S./Canada
Management Area according to the
regulations at § 648.85(a), including a
trip into an approved SAP as specified
at § 648.85(b)(3), are exempt from the
possession limits and restrictions
specified under paragraphs (g)(1)(ii)(A)
and (g)(2)(ii)(A) of this section during
the authorized time period.
*
*
*
*
*
(i) Offloading requirement for vessels
possessing species regulated by a daily
possession limit. Vessels that have
ended a trip as specified in
§ 648.10(b)(2)(iii) or (c)(3) that possess
on board species regulated by a daily
possession limit (i.e., pounds per DAS)
as specified at § 648.85(a)(3)(iv),
§ 648.85(a)(6)(iv)(D), or § 648.86 must
offload these species prior to leaving
port on a subsequent trip. Other species
regulated by an overall trip limit may be
retained on board for a subsequent trip.
For example, a vessel ending a trip in
October that possesses cod and
yellowtail flounder harvested from the
Gulf of Maine is subject to a daily
possession limit for cod of 800 lb (363
kg)/DAS and an overall trip limit of 250
lb (113 kg)/trip for yellowtail flounder.
This vessel would be required to offload
any cod harvested, but may retain any
yellowtail flounder on board prior to
leaving port on a subsequent trip.
10. In § 648.87, paragraphs (b)(2)(ix),
(b)(2)(x), and (d)(1)(i) are revised to read
as follows:
§ 648.87
Sector allocation.
*
*
*
*
*
(b) * * *
(2) * * *
(ix) If the Operations Plan is
inconsistent with, or outside the scope
of the NEPA analysis associated with
the Sector proposal/framework
adjustment as specified in paragraph
(b)(1)(v) of this section, a supplemental
NEPA analysis may be required with the
Operations Plan.
(x) Each vessel and vessel operator
and/or vessel owner participating in a
Sector must comply with all applicable
requirements and conditions of the
Operations Plan specified in paragraph
(b)(2) of this section and the Letter of
Authorization issued pursuant to
paragraph (c)(3) of this section. It shall
be unlawful to violate any such
conditions and requirements unless
such conditions or restrictions are
identified as administrative only in an
approved Operations Plan. Each Sector,
vessel, and vessel operator and/or vessel
owner participating in the Sector may
be charged jointly and severally for civil
penalties and permit sanctions pursuant
to 15 CFR part 904.
*
*
*
*
*
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Federal Register / Vol. 70, No. 151 / Monday, August 8, 2005 / Proposed Rules
(i) General provision. All limited
access monkfish permit holders shall be
allocated monkfish DAS each fishing
year to be used in accordance with the
restrictions of this paragraph (b), unless
modified by paragraph (b)(1)(ii) of this
section according to the provisions
specified at § 648.96(b)(3). The number
of monkfish DAS to be allocated, before
accounting for any such modification, is
GEORGES BANK COD HOOK SECTOR 40 DAS minus the amount calculated in
paragraph (b)(1)(iv) of this section,
AREA
unless the vessel is enrolled in the
Point
N. Lat.
W. Long.
Offshore Fishery Program in the SFMA,
as specified in paragraph (b)(1)(iii) of
1)
HS1
(
70°00′ this section. Limited access NE
HS2
42°20′
70° 00′
multispecies and limited access sea
HS3
42° 20′
67 18.4′ (the
U.S. Canada scallop DAS permit holders who also
Maritime possess a valid limited access monkfish
Boundary) permit must use a NE multispecies or
sea scallop DAS concurrently with their
Follow the U.S. EEZ boundary south to HS4
monkfish DAS, except as provided in
paragraph (b)(2) of this section, unless
HS4
39° 00′
66° 45.5′ otherwise specified under this subpart
HS5
39° 00′
71° 40′
F.
HS6
(2)
71° 40′
*
*
*
*
*
(d) * * *
(1) * * *
(i) GB Cod Hook Sector Area
(GBCHSA). The GBCHSA 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):
1
The east facing shoreline of Cape Cod,
MA.
2
The south facing shoreline of Rhode
Island.
*
*
*
*
*
11. In § 648.90, paragraph (a)(2)(iv) is
revised to read as follows:
§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
*
*
*
*
*
(a) * * *
(2) * * *
(iv) The Council shall review the
target TACs recommended by the PDT
and all of the options developed by the
PDT and other relevant information;
consider public comment; and develop
a recommendation to meet the FMP
objective pertaining to regulated
species, Atlantic halibut, and ocean
pout that is consistent with other
applicable law. If the Council does not
submit a recommendation that meets
the FMP objectives and is consistent
with other applicable law, the Regional
Administrator may adopt any option
developed by the PDT, unless rejected
by the Council, as specified in
paragraph (a)(2)(vii) of this section,
provided the option meets the FMP
objectives and is consistent with other
applicable law.
*
*
*
*
*
12. In § 648.92, paragraph (b)(1)(i) is
revised to read as follows:
§ 648.92 Effort-control program for
monkfish limited access vessels.
*
*
*
(b) * * *
(1) * * *
VerDate jul<14>2003
*
*
20:26 Aug 05, 2005
Jkt 205001
[FR Doc. 05–15644 Filed 8–5–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 050722198–5198–01; I.D.
071805B]
Comments must be received on
or before September 7, 2005.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Lori Durall. Comments may be
submitted by any of the following
methods:
• E-mail: OCS–0648–AS93@noaa.gov.
Include in the subject line the following
identifier: OCS proposed rule. E-mail
comments, with or without attachments,
are limited to 5 megabytes.
• Federal e-Rulemaking Portal: https://
www.regulations.gov.
• Mail: P.O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building, 709 West 9th Street, Room
420A, Juneau, AK.
Copies of the Regulatory Impact
Review/Initial Regulatory Flexibility
Analysis (RIR/IRFA) prepared for this
action may be obtained from the same
mailing address above or from the
NMFS Alaska Region website at https://
www.fakr.noaa.gov.
Send comments on these or any other
aspects of the collection of information
to NMFS at the addresses above, and to
OMB via e-mail at
DavidlRostker@omb.eop.gov, or fax
(202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Jason Anderson, 907–586–7228, or
jason.anderson@noaa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
RIN 0648–AS93
Background
Fisheries of the Exclusive Economic
Zone Off Alaska; Groundfish Observer
Program
NMFS manages the U.S. groundfish
fisheries of the Bering Sea and Aleutian
Islands Management Area (BSAI) and
Gulf of Alaska (GOA) in the Exclusive
Economic Zone under their respective
FMPs. The North Pacific Fishery
Management Council (Council) has
prepared the FMPs pursuant to the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations implementing the FMPs
appear at 50 CFR part 679. General
regulations that pertain to U.S. fisheries
appear at subpart H of 50 CFR part 600.
The Council adopted and NMFS
approved and implemented the current
‘‘interim’’ Observer Program (Observer
Program) in 1996 (61 FR 56425,
November 1, 1996). The requirements of
the Observer Program were extended
through 1998 (62 FR 67755, December
30, 1997), then through 2000 (63 FR
69024, December 15, 1998), through
2002 (65 FR 80381, December 21, 2000),
and again through 2007 (67 FR 72595,
December 6, 2002). The Observer
Program provides the regulatory
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes to amend
regulations supporting the North Pacific
Groundfish Observer Program (Observer
Program). This action is necessary to
revise requirements for the facilitation
of observer data transmission, improve
support for observers, and provide
consistency with current regulations.
The proposed rule is intended to
promote the goals and objectives of the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area and
the Fishery Management Plan for
Groundfish of the Gulf of Alaska
(FMPs).
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E:\FR\FM\08AUP1.SGM
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Agencies
[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Proposed Rules]
[Pages 45628-45638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15644]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.050520136-5136-01; I.D. 040705A]
RIN 0648-AS80
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Amendment 13 and Framework Adjustment 40-A
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The final rule implementing Amendment 13 and the interim final
rule implementing Framework Adjustment (Framework) 40-A to the
Northeast (NE) Multispecies Fishery Management Plan (FMP) contained
several inadvertent errors and omissions. The intent of this proposed
rule is to correct these inadvertent errors and omissions, clarify
specific regulations to maintain consistency with and accurately
reflect the intent of Amendment 13 and Framework 40-A, and seek comment
on these proposed corrections and clarifications. This action is being
taken by NMFS under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
DATES: Written comments must be received on or before September 7,
2005.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: MulA13Corr@NOAA.gov. Include in the subject line
the following: ``Comments on the Proposed Rule to Correct/Modify NE
Multispecies Amendment 13.''
Federal e-Rulemaking Portal: http:/www.regulations.gov.
Mail: Paper, disk, or CD-ROM comments 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 Proposed Rule to Correct/Modify NE
Multispecies Amendment 13.''
Fax: (978) 281-9135.
Copies of the Regulatory Impact Review (RIR) and the Initial
Regulatory Flexibility Analysis (IRFA) prepared for this action are
available upon request from the Regional Administrator at the above
address. Copies of the Final Supplemental Environmental Impact
Statement (FSEIS) prepared for Amendment 13 and the environmental
assessment (EA) prepared for Framework 40-A may be obtained from Paul
J. Howard, Executive Director, New England Fishery Management Council,
50 Water Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy
Analyst, phone (978) 281-9141, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
Amendment 13 was developed by the New England Fishery Management
Council (Council) to end overfishing and rebuild NE multispecies stocks
managed under the authority of the Magnuson-Stevens Act. NMFS proposed
measures to implement Amendment 13 on January 29, 2004 (69 FR 4362).
The proposed rule contained a detailed description of the development
of Amendment 13. NMFS published final regulations to implement the
approved measures in Amendment 13 in the Federal Register on April 27,
2004 (69 FR 22906). The majority of the measures in the final rule
became effective on May 1, 2004.
However, the final rule implementing Amendment 13 contained several
inadvertent errors and inconsistencies with the intent of Amendment 13,
as specified below. This action proposes to correct these errors, and
clarify or modify the current regulations to maintain consistency with
Amendment 13 as proposed by the Council and partially approved by the
Secretary of Commerce.
Framework 40-A was developed by the Council to provide additional
opportunities for NE multispecies vessels to target healthy stocks in
an effort to help achieve optimum yield from the fishery and to
mitigate some of the economic impacts resulting from effort reductions
implemented under Amendment 13. NMFS published a proposed rule to
implement Framework 40-A on September 14, 2004 (69 FR 55388). The
proposed rule contained a detailed description of the development
[[Page 45629]]
of Framework 40-A. NMFS published an interim final rule implementing
Framework 40-A measures on November 19, 2004 (69 FR 67780), which
became effective on November 19, 2004. The measures proposed in this
action that would modify provisions implemented through the interim
final rule for Framework 40-A are not intended to be implemented on an
interim basis.
Proposed Measures
1. Monkfish Permit Category Descriptions
The regulations at Sec. 648.4(a)(9) establish four limited access
monkfish permit categories based on the size of the vessel and whether
the vessel also possesses a limited access NE multispecies or Atlantic
sea scallop permit. The regulations at Sec. 648.92(b), as amended by
Amendment 2 to the monkfish FMP (April 28, 2005; 70 FR 21927), state
that vessels currently possessing a limited access NE multispecies
permit that also possess a valid limited access monkfish permit (i.e.,
currently a Category C or D monkfish permit) must use a multispecies
DAS concurrently with their monkfish Days-at-Sea (DAS). These
regulations do not differentiate between a limited access NE
multispecies DAS category permit and other limited access NE
multispecies permits, including the new Handgear A permit implemented
under Amendment 13, thereby creating some confusion to its
applicability. Since a limited access Handgear A permit is not a DAS
category permit and does not require a vessel to use a DAS to fish for
groundfish, this regulation essentially precludes those vessels that
have been issued a limited access monkfish Category A or B permit
(i.e., monkfish vessels not issued a limited access NE multispecies or
scallop permit), and that qualify for a limited access Handgear A
permit, from obtaining the new limited access Handgear A permit.
Further, it is possible that a vessel currently issued a limited access
monkfish Category C or D permit may also qualify for a limited access
Handgear A permit based upon its previous fishing history. That is, the
regulations at Sec. 648.92(b) currently prohibit, unintentionally and
contrary to the intent of the measure, a vessel issued a Category C or
D monkfish permit that qualifies for a limited access NE multispecies
Handgear A permit from obtaining such a permit, because Category C or D
monkfish vessels must use a NE multispecies DAS when fishing under a
monkfish DAS.
This action would clarify that limited access monkfish Category C
and D permits may be issued only to those vessels that have been issued
a limited access monkfish permit and a limited access NE multispecies
DAS category permit or a limited access scallop DAS permit. This action
would also clarify that limited access monkfish Category A and B
permits may be issued to vessels without a NE multispecies DAS category
permit or a limited access scallop DAS permit.
2. Vessel Monitoring System (VMS) Power-down Exemption
Amendment 13 included a provision to allow vessels issued a limited
access NE multispecies permit to turn off their VMS units for a minimum
period of one calendar month by obtaining a letter of exemption. This
measure provides an opportunity to reduce costs, since a vessel
operator can choose to turn the vessel's VMS off, if the vessel is
exiting the fishery for an extended period. The use of one calendar
month as the minimum participation period was intended to facilitate
the administration of the power-down exemption. However, industry has
indicated that this requirement represents an unnecessary burden on
vessels (e.g., if a vessel requested a letter of exemption on September
15, it would be required to remain under the exemption until November
1) and has requested that NMFS modify this minimum participation period
to 30 calendar days. Changing the participation period to a minimum of
30 calendar days would satisfy the intent of the measure as defined in
Amendment 13 without unnecessarily limiting the operations of the
fishing industry to the beginning of a calendar month, and would not
add to NMFS's burden in administering the VMS power-down exemption.
Therefore, this action would change the participation period for the
VMS power-down exemption specified at Sec. 648.9(c)(2)(i)(B) from one
calendar month to 30 calendar days.
3. Prohibitions for GB Hook Sector Participants
Sector Landing Prohibition
Amendment 13 included provisions to allow for the formation of
fishing sectors. The final rule implementing Amendment 13 included
several prohibitions to enforce the regulations governing Sector vessel
operations. The prohibition at Sec. 648.14(a)(55) states that it is
unlawful for any dealer to purchase, possess, or receive species in
excess of the possession limits specified in Sec. 648.85 or 648.86.
According to the regulations at Sec. 648.87(c)(3), Sector vessels may
be issued letters of authorization exempting these vessels from any
Federal fishing regulation, including the possession limits specified
in Sec. 648.85 or 648.86, in accordance with an approved Sector
Operations Plan, provided such exemptions are consistent with the goals
and objectives of the FMP. Accordingly, this existing prohibition is
inconsistent with the possibility of a Sector receiving an exemption
from the possession limits, and prevents dealers from receiving species
from Sector participants, should an approved Sector Operations Plan
specify possession limits in excess of those specified in Sec. 648.85
or 648.86. To be consistent with the exemption provision, this action
would modify the prohibition at Sec. 648.14(a)(55) to allow dealers to
receive species from Sector participants in accordance with an approved
Operations Plan as specified in Sec. 648.87.
Sector Operations Prohibition
Amendment 13 approved the formation of the GB Cod Hook Sector. The
existing prohibition at Sec. 648.14(a)(156) inadvertently states that
vessels fishing under the GB Cod Hook Sector may not fish in the NE
multispecies DAS program in a given fishing year. Each approved Sector
is allocated a portion of the overall total allowable catch (TAC),
based upon the fishing history of Sector participants. The prohibition
at Sec. 648.14(a)(156) is inconsistent with the intent of Amendment 13
to allow an approved Sector to set its own rules to ensure that the TAC
allocated will not be exceeded through the implementation of Sector
hard TACs or DAS allocations, as described in section 3.4.16.1 of the
FSEIS to Amendment 13. This action would modify the prohibition at
Sec. 648.14(a)(156) to allow vessels participating in the GB Cod Hook
Sector to fish under the NE multispecies DAS program as authorized by
their Sector Operations Plan, which was approved by NMFS on May 4, 2005
(70 FR 23096).
4. Rolling Closure Areas II and III
Regulations implementing the current seasonal GOM Rolling Closure
Areas were originally published on May 5, 1999 (64 FR 24066), as part
of the final rule implementing Framework Adjustment 27 to the FMP. The
August 1, 2002, interim final rule (67 FR 50292) retained the previous
GOM Rolling Closure Areas II and V, but modified the GOM Rolling
Closure Areas I, III, and IV.
The August 1, 2002, interim final rule contained inaccurate
coordinate points
[[Page 45630]]
defining the GOM Rolling Closure Area II specified at Sec.
648.81(g)(1)(ii). The final two coordinate points for the GOM Rolling
Closure Area II were erroneously defined as GM6, at 42[deg]30' N. lat.
and 68[deg]30' W. long.; and GM9, at 42[deg]30' N. lat. and the
intersection with the Massachusetts shoreline. The correct coordinate
points are GM13, at 43[deg]00' N. lat. and 68[deg]30' W. long.; and
GM10, at 43[deg]00' N. lat. and the intersection with the New Hampshire
shoreline. On March 25, 2003, NMFS published a final rule amendment to
an interim final rule (68 FR 14347) to correct the inaccurate
coordinates contained within the August 1, 2002, interim final rule.
While the actual coordinates were corrected in the March 25, 2003,
final rule, the coordinate point GM9 was not corrected to read GM10.
The August 1, 2002, interim final rule also contained an additional
error in the coordinate points defining the GOM Rolling Closure Area
III at Sec. 648.81(g)(1)(iii). This error was continued in the final
rule implementing Amendment 13, but specified at Sec.
648.81(f)(1)(iii). The final coordinate point for the GOM Rolling
Closure Area III should read GM18, instead of GM10. These inadvertent
errors only apply to the names assigned to specific coordinate points
and do not affect the actual coordinates contained in the rule.
Accordingly, this proposed rule would amend the final rule implementing
Amendment 13 by correcting the erroneous coordinate point names by
replacing point GM9 with point GM10 for the GOM Rolling Closure Area II
at Sec. 648.81(f)(1)(ii), and by replacing point GM10 with point GM18
for the GOM Rolling Closure Area III at Sec. 648.81(f)(1)(iii).
5. GB Seasonal Closure Area
The GB Seasonal Closure Area was first implemented through
Framework 33 to the FMP (April 24, 2000; 65 FR 21658). This closure
area stretches from the eastern shore of Cape Cod to the western
boundary of Closed Area (CA) II and prohibits vessels capable of
catching NE multispecies from fishing in this area from May 1 through
May 31.
As specified above, the management measures in Framework 40-A were
implemented on November 19, 2004. Framework 40-A included several new
programs that allow vessels to target healthy stocks using a Category B
Regular DAS, including the Eastern U.S./Canada Haddock Special Access
Program (SAP)Pilot Program. The Eastern U.S./Canada Haddock SAP Pilot
Program allows vessels to fish for haddock in an area bordering the
western edge of CA II and a small portion of the northern tip of the CA
II from May 1 through December 31. The regulations implementing
Framework 40-A inadvertently excluded a provision that would exempt
vessels fishing under this SAP from the GB Seasonal Closure Area. This
omission is inconsistent with the Council's intent in Framework 40-A.
Therefore, this action would revise Sec. 648.81(g)(2) to include a
provision to exempt vessels fishing under the Eastern U.S./Canada
Haddock SAP Pilot Program provisions at Sec. 648.85(b)(8) from the GB
Seasonal Closure Area.
6. CA II Habitat Closure Area
The FSEIS for Amendment 13 included several alternatives for the CA
II Habitat Closure Area. The FSEIS indicated that the Council selected
Habitat Alternative 10B instead of Habitat Alternative 10A. Habitat
Alternative 10A was considered, but rejected by the Council. However,
in both the proposed and the final rule implementing Amendment 13, the
coordinates for the CA II Habitat Closure Area inadvertently reflected
the coordinates under Habitat Alternative 10A of the FSEIS instead of
the correct coordinates defined under Habitat Alternative 10B.
This action would replace the inaccurate coordinates at Sec.
648.81(h)(1)(v) for Habitat Alternative 10A with the correct
coordinates for Habitat Alternative 10B from the FSEIS. While this
correction would change the area closed to all bottom tending mobile
gear within CA II, this action would not affect current fishing
operations within CA II.
7. Eastern U.S./Canada Area Gear Requirements
The final rule implementing Amendment 13 included gear restrictions
for vessels targeting regulated groundfish within the Eastern U.S./
Canada Area. These gear restrictions are intended to reduce cod bycatch
within this area. The final rule required that trawl vessels fishing
within this area use a haddock separator trawl or one of two types of
flounder trawl nets, as defined at Sec. 648.85(a)(3)(iii).
An informal trawl workshop was held at the NMFS Northeast Regional
Office on May 27, 2004, to solicit input on the above gear definitions
specified in Amendment 13. This workshop was intended to gather
together a range of expertise regarding trawl gear to identify possible
deficiencies within these definitions and to suggest refinements of
these definitions, if necessary. This workshop resulted in a number of
suggestions to refine these definitions based on input from the
participants. As a result of this workshop, this action proposes
several revisions to the gear definitions specified at Sec.
648.85(a)(3)(iii) and solicits additional public input on the proposed
revisions.
Participants in the May 27, 2004, trawl workshop indicated that the
use of ``balloon nets'' may compromise the effectiveness of the haddock
separator panel as defined in Amendment 13. They indicated that balloon
nets contain a greater number of meshes in the top panel of the net
than in the bottom panel of the net, allowing the top panel of the net
to extend higher than the bottom panel of the net. Participants agreed
that this would result in a higher fishing circle (i.e., opening of the
net) than if both panels were made of an equal number of meshes. In
accordance with the regulations at Sec. 648.85(a)(3)(iii)(A), a
separator panel may be constructed such that the forward edge of the
separator panel is 80-85 percent of the width of the after edge of the
larger top panel of a balloon net, instead of 80-85 percent of the
width of the after edge of the smaller bottom panel of the net. A
separator panel constructed in this manner would be wider than intended
under the current regulations and may be equal to or greater than the
width of the smaller bottom panel of the net. A net that has been
designed so that the separator panel is the same width or larger than
the width of the bottom panel of the net may result in the separator
panel dropping down and mimicking the bottom panel of the net by
resting on top of the bottom panel under normal operations. This could
potentially close off the bottom portion of the net, resulting in all
fish being retained in the upper portion of the net with the closed
codend, instead of allowing the cod to escape through the opened bottom
portion of the net. To avoid this, participants suggested modifying the
haddock separator trawl description to state that the separator panel
shall be constructed such that the forward edge of the panel is no less
than 80 percent, but not greater than 85 percent, and no less than 90
percent, but not greater than 95 percent, of the after edge of the
first bottom belly of the net where the panel is attached for both two-
seam and four-seam bottom trawl nets, respectively. This action
proposes to revise the haddock separator trawl specified at Sec.
648.85(a)(3)(iii)(A) as described above.
The May 27, 2004, trawl workshop also resulted in a number of
suggested revisions to the two flounder net definitions specified at
[[Page 45631]]
Sec. 648.85(a)(3)(iii). For both net descriptions, the participants
agreed that the language restricting the vertical dimension of the
forward wing end to 3.0 ft (0.91 m) would not affect the height of the
fishing circle (i.e., opening of the net) unless combined with
restrictions on the headrope/footrope length. While the flounder trawl
net defined at Sec. 648.85(a)(3)(iii)(B)(1) includes a restriction on
the headrope, it was decided that the current definition without the
restriction on the vertical dimension of the forward wing end would
maintain a relatively shallow fishing circle under normal operations.
Participants also recommended removing the prohibition on floats in the
center 50 percent of this net, stating that it would negatively affect
the performance of the net and prevent the center portion of the
headrope from maintaining the proper shape of the fishing circle.
The flounder net defined at Sec. 648.85(a)(3)(iii)(B)(2) specifies
that the mesh composing the square of the top panel of the net shall
not be smaller than 12-inch (30.5-cm) square mesh. The intent of this
provision was to allow vessels to target flounder while allowing cod to
escape through the large mesh in the square of top panel of the net.
This provision should not have included the requirement for square mesh
within the square of the top panel of the net. The inclusion of the
square mesh requirement within the definition was the result of a
misinterpretation of information used to define this flounder trawl
net. Twelve-inch (30.5-cm) square mesh is not commercially available at
this time, while 12-inch (30.5-cm) diamond mesh is available. Larger
square mesh is available, but at a greater cost. As a result, gear
manufacturers have had to purchase 12-inch (30.5-cm) diamond mesh and
reorient it to meet the square mesh requirements. This is not only an
additional expense to comply with the current regulations, but it also
results in a weaker net design that may change shape during normal
fishing operations. Participants in the May 27, 2004, trawl workshop
indicated that, due to variations in the design and construction of
various flounder nets, the potential exists for different
interpretations of the square of the net and where to place the 12-inch
(30.5-cm) mesh specified in the definition of the flounder trawl net at
Sec. 648.85(a)(3)(iii)(B)(2).
Accordingly, this action would remove the regulations restricting
the vertical dimension of the forward wing end to 3.0 ft (0.91 m) from
Sec. Sec. 648.85(a)(3)(iii)(B)(1) and (2), and the prohibition of
floats in the center 50 percent of the headrope for the flounder trawl
net specified at Sec. 648.85(a)(3)(iii)(B)(1). In addition, this
action would change the definition of the flounder net at Sec.
648.85(a)(3)(iii)(B)(2) to allow for the use of diamond mesh in the top
panel of the net, remove references to the square of the net, and
insert language requiring that the top panel of the net contain a
section of mesh at least 10-ft (3.05-m) long, stretching from selvedge
to selvedge, composed of at least 12-in (30.5-cm) mesh, inserted no
farther than 4.5 meshes behind the headrope. Participants at the May
27, 2004, trawl workshop were uncertain about the appropriate length
for the trouser extension of the bottom codend of a haddock separator
trawl. NMFS, therefore, specifically requests public comment on the
appropriate length for the trouser extension of the bottom codend of a
haddock separator trawl. Since square mesh is more costly than diamond
mesh, this action would reduce the costs associated with complying with
this provision, eliminate unnecessary restrictions on gear, and
simplify the gear requirements for the Eastern U.S./Canada Area.
8. U.S./Canada Management Area In-season Adjustment
The U.S./Canada Resource Sharing Understanding implemented by
Amendment 13 included provisions to authorize the Regional
Administrator to revise the gear requirements, modify access to the
U.S./Canada Management Area, adjust the trip limits, and revise the
total number of trips into the U.S./Canada Management Area to prevent
the over-harvesting or under-harvesting of the specified U.S./Canada
Management Area TAC allocations. According to the regulations at Sec.
648.85(a)(3)(iv)(D), this adjustment could be made when 30 percent and/
or 60 percent of the U.S./Canada Management Area TAC allocations are
projected to be harvested. The current language is ambiguous as to
whether such adjustments may be made only at the precise event when 30
percent or 60 percent of the TAC's would be landed or at any time after
those percentage levels have been reached. NMFS believes that the
Council intended the Regional Administrator to have flexibility in
adjusting measures at different times during the fishing season.
Therefore, to eliminate the current ambiguity, this action would
clarify the regulations at Sec. 648.85(a)(3)(iv)(D) to specify that
adjustments to the U.S./Canada Management Area provisions may be made
when 30 percent and/or 60 percent of the TAC allocations are projected
to be, or have been, harvested. This allows more flexibility for the
Regional Administrator in implementing such adjustments to ensure that
the TAC allocations are not over-harvested or under-harvested for a
particular fishing year.
9. CA II Yellowtail Flounder SAP Observer Declaration
The final rule implementing Amendment 13 included an administrative
measure for the purpose of selecting vessels for observer coverage.
Vessel owners who choose to fish in either of the two U.S./Canada
Areas, including the CA II Yellowtail Flounder SAP, must provide notice
to NMFS of the vessel name; contact name for coordination of observer
deployment; telephone number for contact; date, time, and port of
departure at least five working days prior to the beginning of any trip
that is declared into the U.S./Canada Management Area. The goal of this
requirement was to obtain a level of observer coverage on NE
multispecies vessels fishing in the U.S./Canada Management Area that is
consistent with the rest of the fishery. The provision provides
notification to the NMFS Observer Program of planned trips, prior to
the departure of the trips, so that the Observer Program has sufficient
time to contact and deploy observers.
Although a notification period of five working days was determined,
at the time of the implementation of the final rule for Amendment 13,
to be optimal in terms of the operational requirements of the NMFS
Observer Program, public comments received from numerous industry
members have indicated that a shorter notification requirement would
provide vessels greater flexibility to react to contingencies such as
weather developments. Upon further consideration, NMFS has determined
that a notification period of 72 hours represents an acceptable balance
between the requirements of the Observer Program and the interests of
the fishing industry, while still meeting the objectives of Amendment
13. On June 14, 2004, a final rule, regulatory amendment was published
in the Federal Register (69 FR 32900) correcting this regulation for
the U.S./Canada Area at Sec. 648.85(a)(3)(ii). However, this rule
inadvertently did not correct the observer declaration for vessels
fishing in the CA II Yellowtail Flounder SAP as specified at Sec.
648.85(b)(3)(v). Therefore, this proposed rule would reduce the
notification time for groundfish DAS
[[Page 45632]]
vessels prior to departure of a trip into the CA II Yellowtail Flounder
SAP from five working days to 72 hours.
10. Small-mesh Multispecies Possession Restrictions
On March 29, 2000, NMFS published the final rule implementing
provisions in Amendment 12 to the FMP (65 FR 16766). That rule
contained revisions to the regulations governing possession limits for
small-mesh multispecies. On the same day, NMFS also published the final
rule implementing Framework Adjustment 32 (Framework 32) to the FMP (65
FR 16780). Framework 32 revised the regulations at Sec. 648.86(d)
governing small-mesh multispecies, superceding the regulations
implemented under Amendment 12. On June 19, 2000, the final rule to
implement provisions under Framework Adjustment 13 to the Atlantic Sea
Scallop FMP and Framework Adjustment 34 to the NE Multispecies FMP
(Frameworks 13/34) was published (65 FR 37903). However, when revising
the regulations governing small-mesh multispecies possession limits at
Sec. Sec. 648.86(d)(1)(i) through (iii), the final rule for Frameworks
13/34 inadvertently modified the regulations implemented under
Amendment 12 rather than the regulations implemented under Framework 32
that superceded those in Amendment 12. This inadvertent error was not
discovered until recently.
This action would correct Sec. 648.86(d) to accurately reflect the
intent of the regulations implemented under Framework 32, as well as
any revisions made to these regulations under Amendment 13. Consistent
with Council intent, this correction would remove the requirement that
a letter of authorization is necessary to fish for, and/or possess,
silver hake and offshore hake caught with small mesh where such a
requirement should not exist as a result of measures previously
implemented by Framework 32. This paragraph would be further clarified
to maintain consistency with existing regulations while at the same
time decreasing the complexity of the current regulations pertaining to
the net size requirements and possession limits.
11. Yellowtail Flounder Possession Limit Restrictions
The regulations at Sec. Sec. 648.86(g)(1) and (2) specify the
yellowtail flounder possession limits for vessels fishing within the
Cape Cod (CC)/Gulf of Maine (GOM) Yellowtail Flounder Area and the
Southern New England (SNE)/Mid-Atlantic (MA) Yellowtail Flounder Area,
respectively. These provisions require that vessels fishing within
either of these areas possess on board a yellowtail flounder
possession/landing authorization letter (or letter of
authorization(LOA)) issued by the Regional Administrator. The LOA
specifies seasonal landing limits for each area. Vessels possessing
such an LOA may fish outside of the CC/GOM or SNE/MA Yellowtail
Flounder Areas, provided the vessels comply with the possession/landing
limits specified in the LOA during the period of participation.
Amendment 13 implemented the U.S./Canada Management Area and the CA
II Yellowtail Flounder SAP to allow U.S. vessels to fish for shared
yellowtail flounder resources within these areas. These provisions
established a yellowtail flounder possession limit of 30,000 lb (13,608
kg) per trip for vessels fishing within the CA II Yellowtail Flounder
SAP, while vessels fishing outside of the SAP within the U.S./Canada
Management Area are not restricted by daily or trip limits for
yellowtail flounder. The final rule implementing Framework 40B (June 1,
2005; 70 FR 31323) revised the GB yellowtail flounder trip limit for
the CA II Yellowtail Flounder SAP to 10,000 lb (4,536 kg), but did not
change the trip limit in the U.S./Canada Management Area outside of the
SAP.
Under the current regulations, vessels issued an LOA as specified
above that wish to participate in the U.S./Canada Management Area or
the CA II Yellowtail Flounder SAP would be required to abide by the
restrictive yellowtail flounder possession limits of the CC/GOM or SNE/
MA Yellowtail Flounder Areas when operating within the U.S./Canada
Management Area during the participation period. To participate in the
U.S./Canada Management Area and its approved SAP's, and to be subject
to the less restrictive yellowtail flounder landing limits for these
areas, a vessel issued a yellowtail flounder LOA would have to wait a
minimum of seven days before cancelling its LOA before it may begin a
trip into the U.S/Canada Management Area or an approved SAP. Given that
the provisions of the U.S./Canada Management Area are very tightly
controlled (e.g., VMS, daily catch reporting, etc.), this requirement
imposes unnecessary restrictions on vessel activities, causes
difficulties in planning fishing trips, and makes participation in
these programs administratively burdensome for NMFS. As a result, this
action would modify the yellowtail flounder possession limit
restrictions by allowing vessels possessing a yellowtail flounder LOA
to abide by the less restrictive yellowtail flounder possession limits
of the U.S./Canada Management Area and the CA II Yellowtail Flounder
SAP when operating within these areas as specified in Sec. Sec.
648.85(a)(3) and 648.85(b)(3).
12. Offloading Requirement
The current regulations are not explicit as to the disposition of a
vessel's catch upon the completion of a fishing trip. The regulations
at Sec. Sec. 648.10(b)(2)(iii) and (c)(3) state that DAS counting, and
therefore a fishing trip, ends when a vessel has either crossed the VMS
demarcation line defined at Sec. 648.10(a), or has called out of the
DAS program, respectively. The regulations at Sec. 648.85 specify the
possession restrictions for species managed by the U.S./Canada Resource
Sharing Understanding, while the regulations at Sec. 648.86 specify
the haddock, cod, Atlantic halibut, small-mesh multispecies, and
yellowtail flounder possession restrictions for vessels fishing outside
of the U.S./Canada Management Area. Possession restrictions include
landing limits specified for each species on a per DAS or per trip
basis.
This action proposes to include an explicit provision in the
regulations at Sec. 648.86 requiring a vessel that has ended its trip
(i.e., by crossing the VMS demarcation line or calling out of the DAS
program) to offload species regulated by a daily landing limit (i.e.,
pounds per DAS) prior to leaving port and beginning a subsequent
fishing trip. Offloading species for which there is a daily landing
limit is necessary to effectively enforce these limits. Conversely, a
vessel that has ended its trip could retain on board species regulated
by an overall trip limit (i.e., pounds per trip) for a subsequent trip,
provided the vessel abides by the overall trip limit for those species
during that subsequent trip.
13. GB Cod Hook Sector Liability Regulations
The January 29, 2004, proposed rule to implement Amendment 13
specified that the Sector and its participants would be held liable for
any violations of applicable Federal regulations. The April 27, 2004,
final rule expanded upon this, specifying that it shall be unlawful for
any Sector, Sector vessel, and Sector vessel operator and/or owner to
violate the conditions of an approved Operations Plan or the LOA
exempting Sector vessels from specific regulations. However, both the
GB Cod Hook Sector representatives and the Council expressed concern
that the regulations, as written in the final rule implementing
Amendment 13, could be
[[Page 45633]]
interpreted to expand NMFS's enforcement authority beyond that which
was intended in Amendment 13 and would make all violations of the
Operations Plan, including non-payment of Sector dues, a violation of
Federal law.
Section 3.4.16 of the FEIS for Amendment 13 indicates that the
intent of Sector provisions is to encourage self-governance of fishing
activities. Further, this section assigns responsibility to enforce the
provisions of an approved Operations Plan to each Sector. Finally,
section 3.4.16.1.2.2 specifies that a Sector is a legal entity that can
be subject to NMFS enforcement action for violations of the regulations
pertaining to Sectors. Because the current regulations could be broadly
interpreted to mean that any violation of an approved Sector Operations
Plan would constitute a violation of Federal regulations, NMFS proposes
to clarify the regulations at Sec. 648.87(b)(2)(x) to indicate that it
would be unlawful for Sector participants to violate the conditions of
an approved Sector Operations Plan unless such conditions and
restrictions are identified as administrative only in the Operations
Plan.
14. GB Cod Hook Sector Area Coordinates
Both the January 29, 2004, proposed rule and the April 27, 2004,
final rule implementing Amendment 13 incorrectly specified the intended
coordinates defining the GB Cod Hook Sector Area. Within both rules,
the latitude and longitude for each coordinate point defining this area
were inadvertently reversed such that the latitude of each coordinate
point appeared in the longitude column and the longitude of each
coordinate point appeared in the latitude column. The coordinates
specified in the current regulations are not only geographically
impossible (e.g., 70[deg]00' N. Lat. does not intersect the east-facing
shoreline of Cape Cod, MA), but many of the other coordinates would
also require GB Cod Hook Sector vessels to fish outside of the
jurisdiction of NMFS. In addition, it was observed that there were two
coordinate points named ``HS3.'' To correct this inadvertent error, the
final three coordinate points should be renamed ``HS4,'' ``HS5,'' and
``HS6'' instead of ``HS3,'' ``HS4,'' and ``HS5.'' Accordingly, this
proposed rule would modify the final rule implementing Amendment 13 by
renaming the coordinate points as specified above and by correcting the
erroneous latitude and longitude for each coordinate point for the GB
Cod Hook Sector Area specified at Sec. 648.87(d)(1)(i).
15. Additional Corrections
In addition to the changes specified above, the following changes
to the final rule implementing Amendment 13 are proposed to correct
inaccurate references and to further clarify the intent of Amendment
13. The changes listed below are in the order in which they appear in
the regulations.
In Sec. 648.2, the reference to the specifications of pelagic
gillnet gear at ``Sec. 648.81(g)(2)(ii)'' in the definition for
``Gillnet gear capable of catching multispecies'' would be corrected to
read ``Sec. 648.81(f)(2)(ii).
In Sec. 648.14, paragraph (a)(134) would be revised to include a
cross reference to the authority of the Regional Administrator to close
the Eastern U.S./Canada Area as described under Sec.
648.85(a)(3)(iv)(D) and a reference to the Eastern U.S./Canada Haddock
SAP Pilot Program in Sec. 648.85(b)(8).
In Sec. 648.81(b)(2)(ii), the reference to paragraph ``(h)(v)''
would be changed to read ``(h)(1)(v).
In Sec. 648.81(b)(2)(iii), the reference to the coordinates for
the CA II Yellowtail Flounder SAP in Sec. 648.85(b)(3)(ii) and the
Eastern U.S./Canada Haddock SAP Pilot Program in Sec. 648.85(b)(8)(ii)
would be inserted to further clarify where vessels may fish within CA
II.
In Sec. 648.82, in paragraph (b)(4), the reference to ``paragraphs
(a)(3)(iii), (a)(4)(iii), (b)(2)(iii), and (c)(2)(ii) of this section''
would be revised to read ``paragraphs Sec. Sec. 648.80(a)(3)(iii),
(a)(4)(iii), (b)(2)(iii), and (c)(2)(ii).'' Further, in paragraph (f),
the reference to ``Sec. 648.53(f)'' would be changed to read ``Sec.
648.53(g).''
In Sec. 648.85, the word ``calendar'' would be inserted in front
of the word ``month'' in paragraph (b)(3)(vi) to clarify that vessels
may only take a maximum of two trips into the CA II Yellowtail Flounder
SAP per calendar month as proposed in Amendment 13. In addition,
paragraph (b)(3)(x) would be revised to clarify regulatory references
and to add language that would allow gear other than a haddock
separator trawl or a flounder net to be carried on board, provided this
gear is stowed in accordance with Sec. 648.23(b).
In Sec. 648.87(b)(2)(ix), the reference to paragraph ``(b)(2)(v)''
would be corrected to read ``(b)(1)(v).''
In Sec. 648.90(a)(2)(iv), the reference to paragraph
``(a)(1)(vii)'' would be corrected to read ``(a)(2)(vii).''
Classification
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS has prepared an IRFA that describes the economic impact this
proposed rule, if adopted, would have on small entities. The IRFA
prepared for this action follows NMFS's ``Guidelines for Economic
Analysis of Fishery Management Actions'' (NMFS's guidelines). A
description of the action, why it is being considered, and the legal
basis for this action are contained at the beginning of this section in
the preamble and in the SUMMARY. A summary of the analysis follows:
The universe of vessels impacted by this action are those vessels
that have currently been issued an active limited access NE
multispecies permit, an open access NE multispecies Handgear B permit,
or a limited access monkfish permit. Vessels that have currently been
issued a NE multispecies Handgear B permit were formerly issued an open
access Handgear permit prior to the implementation of Amendment 13 and
may qualify for a limited access Handgear A permit under Amendment 13.
Data from the NE permit application database show that, as of October
4, 2004, there were 2,622 vessels issued a limited access NE
multispecies permit or an open access NE multispecies Handgear B
permit, including a total of 1,304 vessels issued an open access
Handgear B permit. There were a total of 712 vessels issued a limited
access monkfish permit. All of these vessels are considered to be small
entities according to the definition provided by the Small Business
Administration and described in the Regulatory Flexibility Act.
Section 5.4 of the FSEIS prepared for Amendment 13 and section
7.2.4 of the EA prepared for Framework 40-A provide an analysis of the
economic impacts resulting from the measures implemented under
Amendment 13 and Framework 40-A, respectively. This action references
and builds upon the analysis presented in the FSEIS and the FRFA
prepared for Amendment 13 and the EA and the FRFA prepared for
Framework 40-A to assess the impacts of this action. Due to a lack of
data reflecting costs associated with fishing, changes in total revenue
are considered to be a proxy for changes in profitability in this
action. This analysis indicates that individual vessels would be likely
to increase profitability under most measures proposed in this action.
This action would allow limited access monkfish vessels qualified to be
issued a limited access NE multispecies
[[Page 45634]]
Handgear A permit to be issued such a permit. The issuance of this
permit to Category A and B monkfish vessels would allow these vessels
additional opportunities to fish, thereby increasing vessel revenue.
This action would also eliminate some of the more restrictive gear
requirements for vessels operating in the Eastern U.S./Canada Area.
These Amendment 13 restrictions pose further economic costs for gear
modifications and reduced gear efficiency to vessels without
effectively increasing the conservation benefits of the gear
requirements. Modification of these gear requirements would reduce
these unnecessary costs and therefore increase vessel revenues.
The administrative nature of the revisions to the regulations
proposed under this action do not facilitate the development of
alternatives to this action. Alternatives to the substantive provisions
revised through this action have previously been developed as part of
the development of Amendment 13 and Framework 40-A.
This proposed rule does not contain any new, nor does it revise any
existing reporting, recordkeeping, and other compliance
requirements.This proposed rule does not duplicate, overlap or conflict
with other Federal rules, and does not contain new reporting or
recordkeeping requirements.
A copy of this analysis is available from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting.
Dated: August 2, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.2, the definition for ``Gillnet gear capable of
catching multispecies'' is revised to read as follows:
Sec. 648.2 Definitions.
* * * * *
Gillnet gear capable of catching multispecies means all gillnet
gear except pelagic gillnet gear specified at Sec. 648.81(f)(2)(ii)
and pelagic gillnet gear that is designed to fish for and is used to
fish for or catch tunas, swordfish, and sharks.
* * * * *
3. In Sec. 648.4, paragraphs (a)(9)(i)(A)(1) through (4) are
revised to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(9) * * *
(i) * * *
(A) * * *
(1) Category A permit (vessels without NE multispecies or scallop
limited access DAS permits). The vessel landed at least 50,000 lb
(22,680 kg) tail-weight or 166,000 lb (75,297.6 kg) whole weight of
monkfish between February 28, 1991, and February 27, 1995;
(2) Category B permit (vessels less than 51 gross registered
tonnage (GRT) without NE multispecies or scallop limited access DAS
permits that do not qualify for a Category A permit). The vessel landed
at least 7,500 lb (3,402 kg) tail-weight or 24,900 lb (11,294.6 kg)
whole weight of monkfish between February 28, 1991, and February 27,
1995;
(3) Category C permit (vessels with NE multispecies or scallop
limited access DAS permits). The vessel landed at least 50,000 lb
(22,680 kg) tail-weight or 166,000 lb (75,297.6 kg) whole weight of
monkfish between February 28, 1991, and February 27, 1995; or
(4) Category D permit (all vessels with NE multispecies limited
access DAS permits and vessels less than 51 GRT with scallop limited
access DAS permits that do not qualify for a Category C permit). The
vessel landed at least 7,500 lb (3,402 kg) tail-weight or 24,900 lb
(11,294.6 kg) whole weight of monkfish between February 28, 1991, and
February 27, 1995.
* * * * *
4. In Sec. 648.9, paragraph (c)(2)(i)(B) is revised to read as
follows:
Sec. 648.9 VMS requirements.
* * * * *
(c) * * *
(2) * * *
(i) * * *
(B) For vessels fishing with a valid NE multispecies limited access
permit, the vessel owner signs out of the VMS program for a minimum
period of 30 consecutive days by obtaining a valid letter of exemption
pursuant to paragraph (c)(2)(ii) of this section, the vessel does not
engage in any fisheries until the VMS unit is turned back on, and the
vessel complies with all conditions and requirements of said letter; or
* * * * *
5. In Sec. 648.14, paragraphs (a)(55), (a)(134), and (a)(156) are
revised, and paragraph (a)(169) is revised to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(55) Purchase, possess, or receive as a dealer, or in the capacity
of a dealer, regulated species in excess of the possession limits
specified in Sec. 648.85 or Sec. 648.86 applicable to a vessel issued
a NE multispecies permit, unless otherwise specified in Sec. 648.17,
or unless the regulated species are purchased or received from a member
of an approved Sector as specified at Sec. 648.87 that is exempt from
such possession limits in accordance with an approved Sector Operations
Plan.
* * * * *
(134) If fishing under a NE multispecies DAS, enter or fish in the
Eastern U.S./Canada Area specified in Sec. 648.85(a)(1), if the area
is closed under the authority of the Regional Administrator as
described in Sec. 648.85(a)(3)(iv)(D) or (E), unless fishing in the
Closed Area II Yellowtail Flounder SAP specified in Sec. 648.85(b)(3)
or the Eastern U.S./Canada Haddock SAP Pilot Program specified in Sec.
648.85(b)(8).
* * * * *
(156) If fishing under the Georges Bank (GB) Cod Hook Sector, as
authorized under Sec. 648.87, fish in the NE multispecies DAS program
in a given fishing year, unless authorized by an approved Sector
Operations Plan, or if fishing under a NE multispecies DAS, fish under
the GB Cod Hook Sector in a given fishing year, unless as otherwise
provided under Sec. 648.87(b)(1)(xii).
* * * * *
(169) If, upon the end of a fishing trip as specified under Sec.
648.10(b)(2)(iii) or (c)(3), fail to offload regulated species subject
to a landing limit based on a DAS fished under Sec. 648.85 or 648.86,
as required by Sec. 648.86(i).
* * * * *
6. In Sec. 648.81, paragraphs (b)(2)(ii), (b)(2)(iii), (f)(1)(ii),
(f)(1)(iii), (g)(2)(ii), (g)(2)(iii), and (h)(1)(v) are revised, and
paragraph (g)(2)(iv) is added to read as follows:
Sec. 648.81 NE multispecies closed areas and measures to protect EFH.
* * * * *
(b) * * *
(2) * * *
(ii) Fishing with tuna purse seine gear outside of the portion of
CA II known as the Habitat Area of Particular Concern, as described in
paragraph (h)(1)(v) of this section;
[[Page 45635]]
(iii) Fishing in the CA II Yellowtail Flounder SAP or the Eastern
U.S./Canada Haddock SAP Pilot Program as specified at Sec.
648.85(b)(3)(ii) or (b)(8)(ii), respectively; or
* * * * *
(f) * * *
(1) * * *
(ii) Rolling Closure Area II. From April 1 through April 30, the
restrictions specified in this paragraph (f)(1)(ii) 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'
GM13 43[deg]00' 68[deg]30'
GM10 43[deg]00' (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ New Hampshire shoreline.
(iii) Rolling Closure Area III. From May 1 through May 31, the
restrictions specified in paragraph (f)(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]30' 70[deg]00'
GM6 42[deg]30' 68[deg]30'
GM14 43[deg]30' 68[deg]30'
GM18 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.
* * * * *
(g) * * *
(2) * * *
(ii) That are fishing as charter/party or recreational vessels;
(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 minimum mesh size of the twine top used in the dredge by
the vessel is 10 inches (25.4 cm), and provided that the vessel
complies with the NE multispecies possession restrictions for scallop
vessels specified at Sec. 648.80(h); or
(iv) That are fishing under a NE multispecies DAS in the Eastern
U.S./Canada Haddock SAP Pilot Program as defined at Sec. 648.85(b)(8).
* * * * *
(h) * * *
(1) * * *
(v) Closed Area II Habitat Closure Area. The restrictions specified
in paragraph (h)(1) of this section apply to the Closed Area II Habitat
Closure Area (also referred to as the Habitat Area of Particular
Concern), which is the area bound by straight lines connecting the
following points in the order stated:
CLOSED AREA II HABITAT CLOSURE AREA
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
CIIH1 42[deg]10' 67[deg]20'
CIIH2 42[deg]10' 67[deg]9.3'
CIIH3 42[deg]00' 67[deg]0.5'
CIIH4 42[deg]00' 67[deg]10'
CIIH5 41[deg]50' 67[deg]10'
CIIH6 41[deg]50' 67[deg]20'
CIIH1 42[deg]10' 67[deg]20'
------------------------------------------------------------------------
* * * * *
7. In Sec. 648.82, paragraphs (b)(4), and (f) are revised to read
as follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(b) * * *
(4) Large Mesh Individual DAS category. This category is for
vessels allocated individual DAS that area not fishing under the Hook
Gear, Combination, or Individual DAS categories. Beginning May 1, 2004,
for a vessel fishing under the Large Mesh Individual DAS category, the
baseline for determining the number of NE multispecies DAS available
for use shall be calculated based upon the fishing history associated
with the vessel's permit, as specified in paragraph (c)(1) of this
section. The number and categories of DAS that are allocated for use in
a given fishing year are specified in paragraph (d) of this section.
The number of Category A DAS shall be 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 Sec. Sec. 648.80(a)(3)(iii), (a)(4)(iii), (b)(2)(iii), and
(c)(2)(ii).
* * * * *
(f) Good Samaritan credit. See Sec. 648.53(g).
* * * * *
8. In Sec. 648.85, paragraphs (a)(3)(iii), (a)(3)(iv)(D),
(b)(3)(v), and (b)(3)(x) are revised to read as follows:
Sec. 648.85 Special management programs.
(a) * * *
(3) * * *
(iii) Gear requirements. NE multispecies vessels fishing with trawl
gear in the Eastern U.S./Canada Area defined in paragraph (a)(1)(ii) of
this section must fish with a haddock separator trawl or a flounder
trawl net, as described in paragraphs (a)(3)(iii)(A) and (B) of this
section (both nets may be onboard the fishing vessel simultaneously).
Gear other than the haddock separator trawl or the flounder trawl net
as described in paragraph this (a)(3)(iii) may be on board the vessel
during a trip to the Eastern U.S./Canada Area, provided the gear is
stowed according to the regulations at Sec. 648.23(b). The description
of the haddock separator trawl and flounder trawl net in this paragraph
(a)(3)(iii) may be further specified by the Regional Administrator
through publication of such specifications in the Federal Register,
consistent with the requirements of the Administrative Procedure Act.
(A) Haddock separator trawl. A haddock separator trawl is defined
as a groundfish trawl modified to a vertically oriented trouser trawl
configuration, with two extensions arranged one over the other, with a
codend attached only to the upper extension, and the bottom extension
left open and with no codend attached. A horizontal separating panel
constructed with a minimum of 6.0-inch (15.2-cm) diamond mesh must be
installed laterally between the selvedges joining the upper and lower
panels of a two-seam net, as described in this paragraph (a)(3)(iii)(A)
and between the side panels of a four-seam net as described in
paragraph (a)(3)(iii)(B) of this section, to completely divide the net
into equal top and bottom portions. The separator panel shall be
constructed so as to extend forward from the front of the trouser
junction to the after edge of the first belly of the net.
(1) Two-seam bottom trawl nets. For two-seam nets, the separator
panel must be constructed such that the stretched width of the forward
edge of the panel is no less than 80 percent, but no larger than 85
percent of the width of the after edge of the first bottom belly of the
net where the separator panel is attached. For example, if the first
bottom belly of the net is 200 meshes wide (from selvedge to selvedge),
the separator
[[Page 45636]]
panel must be not less than 160 meshes, but no larger than 170 meshes
wide.
(2) Four-seam bottom trawl nets. For four-seam nets, the separator
panel must be constructed such that the stretched width of the forward
edge of the panel is no less than 90 percent, but no larger than 95
percent of the width of the after edge of the first bottom belly of the
net where the separator panel is attached. For example, if the first
bottom belly of the net is 200 meshes wide (from selvedge to selvedge),
the separator panel must be no less than 180 meshes, but no larger than
190 meshes wide. The separator panel must be attached to both of the
side panels of the net along the midpoint of the side panels. For
example, if the side panel is 100 meshes tall, the separator panel must
be attached at the 50\th\ mesh.
(B) Flounder trawl net. A flounder trawl net is defined as bottom-
tending trawl gear meeting one of the following two net descriptions:
(1) A two-seam, low-rise net constructed with mesh size in
compliance with Sec. 648.80(a)(4), where the maximum footrope length
is not greater than 105 ft (32.0 m) and the headrope is at least 30
percent longer than the footrope. The footrope and headrope lengths
shall be measured from the forward wing end.
(2) A two-seam, low-rise net constructed with mesh size in
compliance with Sec. 648.80(a)(4), with the exception that the top
panel of the net contains a section of mesh at least 10 ft (3.05 m)
long and stretching from selvedge to selvedge, composed of at least 12-
in (30.5-cm) mesh that is inserted no farther than 4.5 meshes behind
the headrope.
(iv) * * *
(D) Other restrictions or in-season adjustments. In addition to the
possession restrictions specified in this paragraph (a)(3)(iv), when 30
percent and/or 60 percent of the TAC allocations specified under
paragraph (a)(2) of this section are projected to be, or have been,
harvested, the Regional Administrator, through rulemaking consistent
with the Administrative Procedure Act, may modify the gear
requirements, modify or close access to the U.S./Canada Management
Areas, increase or decrease the trip limits specified under paragraphs
(a)(3)(iv)(A) through (C) of this section, or modify the total number
of trips into the U.S./Canada Management Area, to prevent over-
harvesting or under-harvesting the TAC allocations.
* * * * *
(b) * * *
(3) * * *
(v) Declaration. For the purposes of selecting vessels for observer
deployment, a vessel must provide notice to NMFS of the vessel name;
contact name for coordination of observer deployment; telephone number
for contact; date, time and port of departure; and special access
program to be fished, at least 72 hours prior to the beginning of any
trip which it declares into the Special Access Program as required
under this paragraph (b)(3)(v). Prior to departure from port, a vessel
intending to participate in the Closed Area II Yellowtail Flounder SAP
must declare into this area through the VMS, in accordance with
instructions provided by the Regional Administrator. In addition to
fishing in the Closed Area II Yellowtail Flounder SAP, a vessel, on the
same trip, may also declare its intent to fish in the area outside of
Closed Area II that resides within the Eastern U.S./Canada Area as
defined in paragraph (a)(1)(ii) of this section, provided the vessel
fishes in these areas under the most restrictive provisions of either
the Closed Area II Yellowtail Flounder SAP or the Eastern U.S./Canada
Area.
* * * * *
(x) Gear requirements. NE multispecies vessels fishing with trawl
gear in the Eastern U.S./Canada Area defined in paragraph (a)(1) of
this section must fish with a haddock separator trawl or a flounder
trawl net, as described in paragraph (a)(3)(iii) of this section (both
nets may be onboard the fishing vessel simultaneously). Gear other than
the haddock separator trawl or the flounder trawl net as described in
paragraph (a)(3)(iii) of this section may be on board the vessel during
a trip to the Eastern U.S./Canada Area, provided the gear is stowed
according to the regulations at Sec. 648.23(b).
* * * * *
9. In Sec. 648.86, paragraphs (d), (g)(1)(ii)(B), and
(g)(2)(ii)(B) are revised, and paragraphs (g)(4) and (i) are added to
read as follows:
Sec. 648.86 Multispecies possession restrictions.
* * * * *
(d) Small-mesh multispecies. (1) Vessels issued a valid Federal NE
multispecies permit specified under Sec. 648.4(a)(1) are subject to
the following possession limits for small-mesh multispecies, which are
based on the mesh size used by, or on board vessels fishing for, in
possession of, or landing small-mesh multispecies.
(i) Vessels possessing on board or using nets of mesh size smaller
than 2.5 inches (6.35 cm). Owners or operators of a vessel may possess
and land not more than 3,500 lb (1,588 kg) of combined silver hake and
offshore hake if either of the following conditions apply:
(A) The mesh size of any net or any part of a net used by or on
board the vessel is smaller than 2.5 inches (6.35 cm), as applied to
the part of the net specified in paragraph (d)(1)(iv) of this section,
as measured in accordance with Sec. 648.80(f); or
(B) The mesh size of any net or part of a net on board the vessel
not incorporated into a fully constructed net is smaller than 2.5
inches (6.35 cm), as measured by methods specified in Sec. 648.80(f).
``Incorporated into a fully constructed net'' means that any mesh
smaller than 2.5 inches (6.35 cm) that is incorporated into a fully
constructed net may occur only in the part of the net not subject to
the mesh size restrictions specified in paragraph (d)(1)(iv) of this
section, and the net into which the mesh is incorporated must be
available for immediate use.
(ii) Vessels possessing on board or using nets of mesh size equal
to or greater than 2.5 inches (6.35 cm) but less than 3 inches (7.62
cm). Owners or operators of a vessel that is not subject to the
possession limit specified in paragraph (d)(1)(i) of this section, may
possess and land not more than 7,500 lb (3,402 kg) of combined silver
hake and offshore hake if either of the following conditions apply:
(A) The mesh size of any net or any part of a net used by or on
board the vessel is equal to or greater than 2.5 inches (6.35 cm) but
smaller than 3 inches (7.62 cm), as applied to the part of the net
specified in paragraph (d)(1)(iv) of this section, as measured by
methods specified in Sec. 648.80(f); or
(B) The mesh size of any net or part of a net on board the vessel
not incorporated into a fully constructed net is equal to or greater
than 2.5 inches (6.35 cm) but smaller than 3 inches (7.62 cm), as
measured by methods specified in Sec. 648.80(f). ``Incorporated into a
fully constructed net'' means that any mesh smaller than 2.5 inches
(6.35 cm) that is incorporated into a fully constructed net may occur
only in the part of the net not subject to the mesh size restrictions
as specified in paragraph (d)(1)(iv) of this section, and the net into
which the mesh is incorporated must be available for immediate use.
(iii) Vessels possessing on board or using nets of mesh size equal
to or greater than 3 inches (7.62 cm). An owner or operator of a vessel
that is not subject to the possession limits specified in paragraphs
(d)(1)(i) and (ii) of this section may possess and land not more than
30,000 lb (13,608 kg) of combined silver hake and offshore hake
[[Page 45637]]
if both of the following conditions apply:
(A) The mesh size of any net or any part of a net used by or on
board the vessel is equal to or greater than 3 inches (7.62 cm), as
applied to the part of the net specified in paragraph (d)(1)(iv) of
this section, as measured by methods specified in Sec. 648.80(f); and
(B) The mesh size of any net or part of a net on board the vessel
not incorporated into a fully constructed net is equal to or greater
than 3 inches (7.62 cm), as measured by methods specified in Sec.
648.80(f). ``Incorporated into a fully constructed net'' means that any
mesh smaller than 3 inches (7.62 cm) that is incorporated into a fully
constructed net may occur only in the part of the net not subject to
the mesh size r