Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery, Framework Adjustment (FW) 42; Monkfish Fishery, FW 3, 42522-42554 [06-6444]
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Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060606150–6150–01; I.D.
053106A]
RIN 0648–AT24
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) Provisions;
Fisheries of the Northeastern United
States; Northeast (NE) Multispecies
Fishery, Framework Adjustment (FW)
42; Monkfish Fishery, FW 3
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
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SUMMARY: NMFS proposes regulations to
implement measures in FW 42 to the NE
Multispecies Fishery Management Plan
(FMP) and FW 3 to the Monkfish FMP
(Joint Framework). FW 42, which was
developed by the New England Fishery
Management Council (Council), is a
biennial adjustment to the NE
Multispecies FMP that would
implement a rebuilding program for
Georges Bank (GB) yellowtail flounder
and modify NE multispecies fishery
management measures to reduce fishing
mortality rates (F) on six other
groundfish stocks in order to maintain
compliance with the rebuilding program
of the FMP. FW 42 also proposes to
modify and continue specific measures
to mitigate the economic and social
impacts of Amendment 13 to the NE
Multispecies FMP and allow harvest
levels to approach optimum yield (OY).
DATES: Comments must be received on
or before August 25, 2006.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: FW42FW3@NOAA.gov.
Include in the subject line the following:
‘‘Comments on the Proposed Rule for
Groundfish Emergency Action.’’
• Federal e-Rulemaking Portal: https://
www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
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National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope,
‘‘Comments on the Proposed Rule for
Framework 42/3.’’
• Fax: (978) 281–9135.
Copies of FW 42/FW3, its Regulatory
Impact Review (RIR), Initial Regulatory
Flexibility Analysis (IRFA), and the
Environmental Assessment (EA) are
available from Paul J. Howard,
Executive Director, New England
Fishery Management Council, 50 Water
Street, The Tannery B Mill 2,
Newburyport, MA 01950. A summary of
the IRFA is provided in the
Classification section of this proposed
rule. The EA/RIR/IRFA is also
accessible via the Internet at https://
www.nefmc.org/nemulti/.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule
should be submitted to the Regional
Administrator at the address above and
to David Rostker, Office of Management
and Budget (OMB), by e-mail at
DavidlRotsker@omb.eop.gov, or fax to
(202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Warren, Fishery Policy
Analyst, (978) 281–9347, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
The Council developed Amendment
13 to the NE Multispecies FMP in order
to bring the FMP into conformance with
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requirements,
including ending overfishing and
implementing rebuilding plans for all
overfished groundfish stocks.
Amendment 13 was partially approved
by the Secretary of Commerce on March
18, 2004. A final rule implementing the
approved measures in the amendment
was published on April 27, 2004 (69 FR
22906), and became effective May 1,
2004.
Amendment 13 also established a
biennial FMP adjustment process that
requires the Council to review the
fishery periodically using the most
current scientific information available,
recommend target TACs, and
recommend to the Regional
Administrator any changes to
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management measures necessary to
achieve the goals and objectives of the
FMP. As part of the biennial adjustment
process, a regional peer-review of stock
assessment updates (GARM II; Northeast
Fisheries Science Center Reference
Document 05–13) was completed for the
19 stocks managed under the NE
Multispecies FMP during August 2005.
Stock assessments were conducted
using data through calendar year 2004,
including evaluation of stock status
relative to applicable Amendment 13
biological reference points (Fmsy and
Bmsy). This resulted in estimates of F’s
and stock biomasses for calendar year
2004. The Council’s Plan Development
Team (PDT) performed an evaluation of
the fishery based upon the results of
GARM II and other available
information. The primary goal of the
PDT review was to determine the stocks
for which an adjustment in management
measures is required in order to ensure
that the current F’s levels are consistent
with the F’s required under the
rebuilding plan.
Based on the information from GARM
II and catch data, the PDT estimated F’s
for those stocks in need of reductions
for calendar year 2005 (F2005), a time
period during which the fishery
operated under one suite of regulations
(Amendment 13). Specifically, the PDT
utilized available information for a
portion of 2005, projected landings for
the remainder of the year (based on
current and historic information), and
then estimated the F for the entire
calendar year (F2005).
To determine which of the 19
groundfish stocks were not in
compliance with the Amendment 13
rebuilding plans, for each stock the
required F for 2006 was compared to
F2005. The PDT determined that, with
one exception (GB yellowtail flounder),
if F2005 exceeded the Amendment 13
target F for 2006, adjustment of
management measures was necessary.
These comparisons indicated that F2005
for some groundfish stocks was less
than that estimated for 2004 (F2004), but
still higher than the 2006 target F (F2006)
specified in the rebuilding program
established under Amendment 13. Table
1 includes the fishing mortality
information discussed above, for stocks
targeted by the proposed management
measures in FW 42.
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TABLE 1: MORTALITY REDUCTION NECESSARY TO ACHIEVE FISHING YEAR 2006 AMENDMENT 13 FISHING MORTALITY
TARGETS
F2004
Estimated F2005
Amendment 13 F2006
Mortality Reduction
Necessary
GOM Cod
0.58
0.37
0.23
32%
Cape Cod (CC)/GOM Yellowtail Flounder
0.75
0.48
0.26
46%
SNE/Mid-Atlantic (MA) Yellowtail Flounder
0.99
0.58
0.26
55%
SNE/MA Winter Flounder
0.38
0.35
0.32
9%
GB Winter Flounder
1.86
NA
1.0 *
46%
White Hake
1.18
NA
1.03
13%
Stock
* Amendment 13 did not establish a 2006 F target for GB winter flounder. Rather, Amendment 13 established the value of Fmsy as 0.32. However, because model estimates of relative F rate are more precise than estimates of actual F rates, GARM II presented the estimate of F rate for
2004 in relative terms. The threshold value for the relative F rate (F2004/Fmsy) for GB winter flounder is 1.0.
NA: An estimate of F2005 for the stocks of GB winter flounder and white hake could not be developed because the assessments are index
based. The necessary F reductions are based upon F2004.
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Timing of FW 42 and Relationship to
NMFS Secretarial Emergency Action
for May 1, 2006
effective in reducing F in 2006 if FW 42
is implemented soon after the
Secretarial measures went into effect.
The Council originally developed FW
42 with the intention of implementing
the management measures on May 1,
2006, as specified by Amendment 13
and as required by the regulations.
However, at its November 15–17, 2005,
meeting, the Council announced that it
would not be able to complete FW 42
in time for NMFS to implement the
measures by the beginning of the fishing
year. NMFS determined that the
unforeseen delay of FW 42
implementation beyond May 1, 2006,
and the need to reduce F on specific
groundfish stocks as a stop-gap measure,
by the start of the 2006 fishing year,
constituted an emergency, as the delay
could cause serious conservation and
management problems. Therefore,
NMFS implemented emergency
management measures (71 FR 19348;
April 13, 2006) for the 2006 fishing year
that went into effect on May 1, 2006,
and will remain in effect, at least, until
such time that FW 42, if approved, is
implemented. At the time of FW 42
implementation, the emergency
measures would be replaced by the
approved FW 42 measures. The
regulatory text in this proposed rule is
written to amend the regulations in 50
CFR part 648 as they appeared prior to
implementation of the emergency rule.
The Secretarial emergency action is
expected to have substantially reduced
F on most groundfish stocks, but
possibly not to the full extent necessary
for all stocks. An analysis of the
combined effects of the Secretarial
emergency management measures and
the proposed FW 42 measures
(alternative 1) indicates that the
combined measures will be more
Proposed FW 42 Management Measures
The following measures are proposed
to be implemented as soon as possible
during the 2006 fishing year. The
measures are intended to continue and
modify the management regime
implemented by Amendment 13 and
subsequent framework adjustments (FW
40–A, FW 40–B, and FW 41), and to
replace measures implemented under
Secretarial emergency authority at the
beginning of the 2006 fishing year.
Specifically, the Joint Frameworks
would maintain the Amendment 13
default days-at-sea (DAS) reductions for
the 2006 fishing year; specify target
Total Allowable Catches (TACs) and
Incidental Catch TACs for the 2006,
2007, and 2008 fishing years; implement
a Vessel Monitoring System (VMS)
requirement for NE multispecies DAS
vessels; implement differential DAS
counting in specific areas of the Gulf of
Maine (GOM) and Southern New
England (SNE); implement new
commercial trip limits for several NE
multispecies; renew and modify the
Regular B DAS Program, including the
rules pertaining to monkfish vessels;
renew and modify the Eastern U.S./
Canada Haddock Special Access
Program (SAP); renew the DAS Leasing
Program; modify the Closed Area (CA)
I Hook Gear Haddock SAP; implement
the GB Cod Fixed Gear Sector; provide
flexibility for vessels to fish inside and
outside of the Eastern U.S./Canada
Management Area on the same trip;
modify reporting requirements for
Special Management Programs (The
U.S./Canada Management Area; the
Regular B DAS Pilot Program; CA I
Hook Gear Haddock SAP; CA II
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Yellowtail Flounder SAP, and the
Eastern U.S./Canada Haddock SAP Pilot
Program); modify the DAS Transfer
Program; modify the trawl codend mesh
size requirement in the SNE Regulated
Mesh Area (RMA); modify the Regional
Administrator’s authority to adjust
certain possession limits; and modify
the recreational possession restrictions
and size limits for GOM cod.
1. Recreational Restrictions
Under this proposed action, private
recreational vessels and vessels fishing
under the charter/party regulations of
the NE Multispecies FMP would be
prohibited from possessing or retaining
any cod from the GOM RMA from
November 1 - March 31. Also, the
minimum size of cod for private
recreational vessels and charter/party
vessels fishing in the GOM would be
increased from 22 inches (56 cm) to 24
inches (61 cm). Private recreational and
charter/party vessels would be allowed
to transit the GOM RMA with cod
caught from outside this area, provided
all bait and hooks are removed from
fishing rods and all cod are stored in
coolers or ice chests.
These measures are intended to
achieve a reduction in GOM cod F for
fish caught by the recreational sector
that is equivalent to the GOM cod F
reduction required of the commercial
sector. The gear and cod stowage
requirements are necessary to properly
enforce these measures. These measures
are consistent with the Secretarial
measures implemented on May 1, 2006.
2. GB yellowtail flounder rebuilding
plan
Although F2004 for GB yellowtail
flounder was above Fmsy, adjustment of
management measures for this stock is
not necessary because F is limited by a
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hard TAC (i.e., fishing on the stock is
prohibited when such a TAC is
reached). This TAC is specified on an
annual basis through a process
described at § 648.85(a)(2), in
accordance with the U.S./Canada
Resource Sharing Understanding. Two
assessment approaches were used to
evaluate the GB yellowtail flounder
stock status. Both indicated that
biomass increased since the mid 1990s
and recent recruitment has improved,
but that F has fishing mortality
remained substantially above Fmsy.
Based on this review and the
recommendation of the Transboundary
Management Guidance Committee, the
Council recommended a GB yellowtail
flounder hard TAC of 2,070 mt for
fishing year 2006; the U.S. portion of the
shared TAC of 3,000 mt. The shared
TAC of 3,000 mt represents a neutral
risk, i.e., it has approximately a 50–
percent chance of exceeding the Fmsy of
0.25. NMFS implemented specification
of the 2006 yellowtail flounder TAC on
May 1, 2006 (71 FR 25095, April 28,
2006). The hard TAC of 2,070 mt for GB
yellowtail flounder represents a 51–
percent reduction from the 2005 TAC,
and would constrain fishing effort to the
appropriate level to achieve the required
F reduction.
Based upon the scientific information
from GARM II, GB yellowtail flounder is
in an overfished condition (i.e., the
stock biomass is less than 50 percent of
the stock size associated with maximum
sustainable yield (Bmsy ). To address
this, FW 42 proposes a rebuilding plan
for GB yellowtail flounder, whereby GB
yellowtail flounder would be rebuilt
from its current stock size to Bmsy using
an adaptive strategy that rebuilds the
stock by 2014 with approximately a 75–
percent probability of success. Under
the adaptive strategy, the maximum F
on the stock through 2008 would be set
at Fmsy (0.25), and subsequent changes
to F required to complete rebuilding by
2014 (Frebuild) would be developed in the
2009 biennial adjustment required be
the NE Multispecies FMP. This
rebuilding strategy and 2014 timeline
was selected by the Council to be
consistent with the rebuilding timelines
for most of the stocks in the FMP, and
to take into account uncertainty
regarding the assessment of the stock.
The proposed rebuilding strategy is
consistent with the management
strategy agreed to under the U.S.
cooperative management agreement
with Canada.
3. Target TACs
Target TACs are proposed in this rule
pursuant to§ 648.90(a)(2), which
requires the Council to develop new
target TACs based upon the most recent
scientific information, as part of the
biennial adjustment process. Thus, this
rule proposes necessary target TACs for
all groundfish stocks for fishing years
(FY) 2006, 2007, and 2008. The
following proposed target TACs were
developed by the Council’s PDT and
were calculated from projections of
future catches, using recent assessment
data, and the Amendment 13 target F’s.
TABLE 2. PROPOSED TARGET TACS FOR 2006 THROUGH 2008 (MT, LIVE WEIGHT).
Species
Stock
2006
2007
2008
Composition
GB
7,458
9,822
11,855
E*
GOM
5,146
10,020
10,491
C*
GB
49,829
103,329
121,681
E
GOM
1,279
1,254
1,229
A
GB
2,070
SNE/Mid-Atlantic (MA)
146
213
312
B*
Cape Cod (CC)/GOM
650
1,078
1,406
B*
American plaice
-
3,666
4,104
5,121
B*
Witch flounder
-
5,511
5,075
4,331
A*
Winter flounder
GB
1,424
1,604
1,782
A*
Cod
Haddock
Yellowtail flounder
see footnote
GOM
D*
see footnote
C
SNE/MA
2,481
3,016
3,577
C*
Redfish
-
1,946
2,075
2,167
A
White hake
-
2,056
1,676
1,367
E*
Pollock
-
12,005
12,005
12,005
E
North
389
389
389
A
South
173
166
159
A
Ocean pout
-
38
38
38
A
Atlantic halibut
-
NA
NA
NA
NA
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Windowpane flounder
A - Commercial Landings
B - Commercial Landings and Discards
C - Commercial Landings, Discards, and RecreationalHarvest
D - Commercial Landings and Discards (U.S. portion of U.S./Canada TAC)
E - Commercial Landings (U.S. and Canada)
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* For Stocks of Concern: Incidental TAC is a subset of Target TAC.
GARM II did not develop a TAC for GOM winter flounder because of uncertainties in the assessment.
Note, proposed TACs for GB cod and GB haddock include Canadian landings.
GB yellowtail flounder TACs are hard TACs, which are determined annually and cannot be specified in advance.
2006 GB yellowtail flounder TAC was implemented on April 28, 2006 (71 FR 25095).
4. Incidental Catch TACs
The values of Incidental Catch TACs
for fishing years 2006 through 2008 are
proposed in this rule pursuant to the
regulations at § 648.85(b)(5), which
require the Council to develop new
Incidental Catch TACs based upon the
most recent scientific information, as
part of the biennial FMP adjustment
process. FW 40–A (69 FR 67780;
November 14, 2004) initially
implemented Incidental Catch TACs to
limit the potential for the use of
Category B DAS to cause excessive
fishing mortality on stocks of concern
that would likely be caught in the
program. For the NE multispecies
fishery, a stock of concern is defined as
‘‘a stock that is in an overfished
condition, or that is subject to
overfishing’’. FW 40–A implemented
Incidental Catch TACs for the following
eight stocks, based upon the same stock
status information that was used in the
development of Amendment 13: GOM
cod, GB cod, CC/GOM yellowtail
flounder, American plaice, white hake,
SNE/MA yellowtail flounder, SNE/MA
winter flounder, and witch flounder.
FW 40–A also implemented percentage
allocations of the Incidental Catch TACs
among the Special Management
Programs (with the exception of the
U.S./Canada Management Area) and
specified values for those Incidental
Catch TACs for portions of the 2004
fishing year. FW 40–B (70 FR 31323;
June 1, 2005) modified the percentage
allocations of the Incidental Catch TACs
among Special Management Programs
(including allocations for the two
Special Management Programs that were
proposed but not approved by NMFS
(i.e., the Western GOM Haddock SAP
and Research Set-Aside Program) and
specified values for Incidental Catch
TACs for fishing years 2005 and 2006.
FW 41 (70 FR 54302; September 14,
2005), modified the percentage
allocation of the Incidental Catch TACs
among Special Management Programs to
include the CA I Hook Gear Haddock
SAP, and specified values for the
Incidental Catch TACs through the 2006
fishing year. Although Incidental Catch
TACs for 2006 were specified in FW 41,
this action proposes to modify
definitions of the Incidental Catch TACs
with respect to the target TACs, modify
the allocation of Incidental Catch TACs
among Special Management Programs,
and specify values of all Incidental
Catch TACs, based upon the most recent
scientific information (GARM II).
In addition to the actions described
above that relate to the Incidental Catch
TACs for the eight stocks of concern
noted above, this action proposes to
define GB yellowtail flounder and GB
winter flounder as additional stocks of
concern, define the size of the
Incidental Catch TACs (with respect to
the target TACs) that are likely to be
caught in the Special Management
Programs, specify values for the 2006
through 2008 fishing years, and allocate
the Incidental Catch TACs among
Special Management Programs.
This action would further clarify the
relationship between target TACs and
Incidental Catch TACs; that is,
Incidental Catch TACs are considered as
a subset of the pertinent target TACs
(rather than as amounts in excess of the
target TACs). This clarification would
increase the utility of target TACs as a
tool used to evaluate the effectiveness of
the management measure.
TABLE 3. PROPOSED DEFINITION OF INCIDENTAL CATCH TACS (PERCENT) AND SPECIFICATION OF TACS FOR 2006
THROUGH 2008 (MT).
Percentage of Total Target
TAC
2006
2007
2008
GB Cod
Two
122.6
*
*
GOM cod
One
49.9
99.0
103.9
GB yellowtail flounder
Two
41.4
*
*
CC/GOM yellowtail flounder
One
6.5
10.8
14.1
SNE/MA yellowtail flounder
One
1.5
2.1
3.1
American plaice
Five
183.3
205.2
256.1
Witch flounder
Five
275.6
253.8
216.6
SNE/MA winter flounder
One
24.8
30.2
35.6
GB winter flounder
Two
28.5
32.1
35.6
White hake
Two
41.1
33.5
27.3
Stock of Concern
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* Note: GB cod and GB yellowtail flounder, TACs are determined annually and cannot be estimated in advance.
TABLE 4. ALLOCATION OF INCIDENTAL CATCH TACS AMONG CATEGORY B DAS PROGRAMS (SHOWN AS A PERCENTAGE OF
THE INCIDENTAL CATCH TAC).
Regular B DAS Program
Closed Area I Hook Gear Haddock
SAP
Eastern U.S./Canada
Haddock SAP
100%
Stock of Concern
NA
NA
GOM cod
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TABLE 4. ALLOCATION OF INCIDENTAL CATCH TACS AMONG CATEGORY B DAS PROGRAMS (SHOWN AS A PERCENTAGE OF
THE INCIDENTAL CATCH TAC).—Continued
Regular B DAS Program
Closed Area I Hook Gear Haddock
SAP
Eastern U.S./Canada
Haddock SAP
GB cod
50%
16%
34%
CC/GOM yellowtail flounder
100%
NA
NA
American plaice
100%
NA
NA
White hake
100%
NA
NA
SNE/MA yellowtail flounder
100%
NA
NA
SNE/MA winter flounder
100%
NA
NA
Witch flounder
100%
NA
NA
GB yellowtail flounder
50%
NA
50%
GB winter flounder
50%
NA
50%
Stock of Concern
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5. Default Modifications to DAS
Allocations
The Amendment 13 rebuilding
strategy established two ‘‘default’’
measures that would automatically
reduce F on multiple groundfish
species, particularly for American plaice
and SNE/MA yellowtail flounder,
beginning in fishing year 2006, unless
certain criteria are met. The criteria
defined various conditions, indicating
improvements to the fishery (i.e., fishing
mortality and biomass status) that
would have to be met in order for the
default measures to be automatically
voided. These default measures for FY
2006 include a revision of the DAS
allocation ratio of Category A:B DAS
from 60:40 to 55:45, and differential
DAS counting in the SNE/MA RMA at
a rate of 1.5:1. Based on the results of
GARM II, the default criteria have not
been met and further reductions in F
are, therefore, required (as described
above). This action does not change the
Amendment 13 default measure DAS
allocations (Category A and B DAS) for
FY 2006–2008, but it would replace the
default differential DAS counting
measure in the SNE RMA. FW 42
proposes a FY 2006–2008 DAS ratio of
55:45 (Category A: B DAS), which
represents an 8.3–percent reduction in
the number of Category A DAS allocated
by Amendment 13. This action would
revise the Amendment 13 default
differential DAS counting measure in
the SNE/MA RMA, as described in
section 8 of this preamble.
6. VMS Requirement
This proposed rule would implement
a requirement that all limited access NE
multispecies DAS vessels using a
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groundfish DAS must be equipped with
an approved VMS that meets the
requirements of 50 CFR 648.9. Under
FW 42, it would be illegal for a limited
access NE multispecies DAS vessel to
fish under a groundfish DAS without an
approved VMS. A vessel owner with a
limited access NE multispecies DAS
permit who does not intend to and does
not fish any of his/her groundfish DAS
during the fishing year would be
permitted to renew the vessel’s limited
access permit without having an
approved VMS, but would not be able
to fish any of the vessel’s groundfish
DAS for that fishing year. This VMS
requirement would be implemented at
the same time as the rest of the
proposed FW 42 management measures,
unless vessels are otherwise notified by
NMFS. As required under current VMS
regulations, a vessel owner would be
required to provide pertinent
information (e.g., type of VMS unit,
installation date, dealer, etc.) to NMFS
prior to being eligible to use VMS.
NMFS would send letters to all limited
access NE multispecies DAS permit
holders and provide detailed
information on the procedures
pertaining to VMS purchase,
installation, and use. This rule would
clarify that when a vessel is subject to
multiple, conflicting VMS regulations of
different programs (within the NE
Multispecies FMP, or by other FMPs),
the most restrictive requirement would
apply. For example, a vessel fishing in
both the Eastern U.S./Canada Area and
in one of the Differential DAS Areas
(described in sections 7 and 8 of this
preamble) on the same trip would be
subject to the VMS restrictions that
pertain to both programs.
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Although this rule proposes a
mandatory VMS requirement, NE
multispecies DAS vessels would still be
required to declare periods out of the
fishery (spawning block out and Day
Gillnet vessel blocks out) through the
Interactive Voice Response (IVR) call-in
system. As under current regulations,
the Regional Administrator would retain
the authority to require limited access
NE multispecies vessels to utilize the
IVR system in lieu of the VMS system
for the administration of DAS
requirements. In addition, the Regional
Administrator would be authorized to
require vessels to obtain a Letter of
Authorization (LOA) as an alternate
method of enforcing a possession limit,
if the proposed VMS requirement is
delayed or not operational.
7. Differential DAS Counting in GOM
Under this proposed rule, all NE
multispecies Category A DAS used by a
vessel that has declared (through VMS,
or other means approved by the
Regional Administrator), prior to
leaving the dock, that it will be fishing,
i.e., harvesting fish any portion of its
trip in the GOM Differential DAS Area,
with the exception noted below, (for a
Day gillnet vessel), would be charged at
a rate of 2:1, regardless of area fished.
The proposed GOM Differential DAS
Area (defined in the regulatory text
portion of this document), includes
most of the area west of 69° 30’ W. long.
and between 41° 30’ and 43° 30’ N. lat
(between approximately Monomoy
Island, MA and Portland, ME). Day
gillnet vessels would be charged DAS at
a rate of 2:1 for the actual hours used
for any trip of less than 3 hr in duration,
and for any trip of greater than 7.5 hr.
For Day gillnet trips between 3 and 7.5
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hr duration, vessels would be charged a
full 15 hr. For example, a trawl vessel
that has declared into the GOM
Differential DAS Area and accrued 2.5
hr to and from the VMS demarcation
line would be charged 5 hr (2.5 hr x 2)
of DAS use. Conversely, a Day gillnet
vessel that has declared into the GOM
Differential DAS Area and accrued 5 hr
would be charged for 15 hr of DAS use
(between 3 and 7.5 hr = 15 hr); a Day
gillnet vessel fishing in the GOM
Differential DAS Area for 8 hr would be
charged for 16 hr of DAS use (8 hr x 2).
On any trip in which a vessel declares,
prior to leaving the dock, that it will be
fishing, i.e., harvesting fish, in the GOM
Differential DAS Area under a Category
A DAS, the vessel would be charged at
the differential DAS rate for the entire
fishing trip, even if only a portion of the
trip is spent fishing in the GOM
Differential DAS Area. At no time may
a vessel fish under a Category A DAS in
the GOM Differential DAS Area, unless
it has declared into this area prior to the
start of the trip, or unless circumstances
beyond a vessel’s control exit, as
described below. A vessel that did not
declare its intent to fish in the GOM
Differential DAS Area would be
permitted to transit the area, provided
its fishing gear is properly stowed
according to the regulations. In
addition, a vessel that has not declared
its intent to fish in the GOM Differential
DAS Area may also be in the area when
not transiting due to bad weather, or
other circumstances beyond its control,
provided its fishing gear is properly
stowed and provided the vessel
immediately notifies NMFS through it’s
VMS.
No changes to the Monkfish FMP are
proposed to accomodate to the
multispecies Differential DAS rules, but
the following is an explanation of how
the proposed groundfish regulations
would work with the current Monkfish
FMP. A vessel issued a limited access
monkfish Category C, D, permit and that
has declared into the GOM Differential
DAS Area under a monkfish DAS
(thereby using both a monkfish and NE
multispecies DAS) would have its NE
multispecies DAS charged at a rate of
2:1, but its monkfish DAS would
continue to be charged at a rate of 1:1.
The current regulations allow a
monkfish Category C and D vessel to
fish under a monkfish-only DAS, when
groundfish DAS are no longer available,
to ensure that it could fish its full
allocation of monkfish DAS. Under this
proposed rule, vessels fishing under a
monkfish-only DAS would continue to
be required to fish under the provisions
of the monkfish Category A or B permit.
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Such a vessel would be limited to
monkfish-only DAS equal to its net
monkfish DAS allocations (including
carry-over DAS) minus its net NE
multispecies Category A DAS allocation
(including carry-over DAS). This
proposed rule would continue to
provide a monkfish vessel with an
amount of ‘‘monkfish only’’ DAS based
upon its current allocations of monkfish
and NE multispecies DAS, but would
not expand this number to account for
the effects on monkfish DAS due to the
differential DAS measures proposed
under this rule. For example, if a
Category C monkfish vessel allocated 40
monkfish DAS has a current NE
multispecies DAS allocation of 15 DAS,
the maximum number of monkfish-only
DAS that the vessel would be able to
fish would be 25 DAS (40 monkfish
DAS - 15 NE multispecies DAS).
However, for a vessel fishing under
differential DAS, the overall amount of
monkfish DAS that could be used is
effectively reduced because the NE
multispecies DAS are used at the
differential rate. For instance, in the
example above, if the vessel fished all
15 NE multispecies DAS at the
differential DAS rate, the vessel would
use up its allocation of NE multispecies
DAS after 7.5 days of actual time fished
(7.5 days x 2.0 = 15 DAS). Therefore,
after the vessel fished all of its NE
multispecies DAS at the differential
rate, it would have a balance of 32.5
monkfish DAS (40 - 7.5 = 32.5), but the
vessel would be able to fish only up to
25 of its monkfish DAS as ‘‘monkfishonly’’ DAS.
For a vessel that has declared that it
is fishing in the GOM Differential DAS
Area, trip limits would apply based on
the actual days spent fishing (time from
Demarcation line to Demarcation line),
and not on the basis of the differential
DAS that would be charged for the trip.
The cod possession limit rule that
requires vessels to ‘‘run the clock’’ to
fully account for each daily limit of cod
caught would not apply to trips charged
at the differential DAS rate (for both
GOM and GB cod). For example, if the
trip of a vessel declared into the GOM
Differential DAS Area lasts for 25 hr
actual time, the vessel would be allowed
to catch twice the daily limit of GOM
cod (800 lb (362.9 kg) per DAS), and
would be charged 50 hr of DAS. Because
differential DAS would apply only to
Category A DAS, a vessel that fishes in
the GOM Differential DAS Area under
the Regular B DAS Program (and ends
its trip under a Regular B DAS) would
not be subject to the differential DAS
counting and would be subject to the
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42527
DAS counting rules of the Regular B
DAS Program.
A vessel that fishes inside and outside
of the Eastern U.S./Canada Area on the
same trip (as described in section 15 of
this preamble) may also fish in the GOM
Differential DAS Area, provided the
vessel declares its intent to fish in the
area via VMS prior to leaving the
Eastern U.S./Canada Area.
The GOM Differential DAS
restrictions are designed to reduce F on
three stocks of fish: GOM/CC yellowtail
flounder, GOM cod, and white hake.
8. Differential DAS Counting in SNE
Under this proposed rule, all NE
multispecies Category A DAS used by a
vessel that has declared (through VMS,
or other means approved by the
Regional Administrator), prior to
leaving the dock, that it will be fishing,
i.e., harvesting fish, in any portion of its
trip in the SNE Differential DAS Area,
with the exception noted below, would
be charged at a rate of 2:1, when fishing
in a specific portion of the SNE RMA.
At no time may a vessel fish, except for
transiting purposes only, under a
Category A DAS in the SNE Differential
DAS Area, unless it has declared into
the area prior to the start of the trip. The
proposed SNE Differential DAS Area
(defined in the regulatory text portion of
this document) is an irregular shaped,
offshore area extending from 73° 40’ W.
long., east to 69° 30’ W. long. (from
south of western Long Island to north of
the Nantucket Lightship Closed Area).
On any trip in which a vessel declares,
prior to leaving the dock, via its VMS
unit, that it will be fishing, i.e.,
harvesting fish, in the SNE Differential
DAS Area under a Category A DAS, the
vessel would be charged at the
differential DAS rate for that portion of
the trip spent in the SNE Differential
Area (as determined from VMS
positional data). The time spent outside
this area would be charged at the rate of
1:1. For example, a trawl vessel that
declared into the SNE Differential DAS
Area through its VMS unit and for
which 12 hr of actual time had elapsed
from the time the vessel crossed the
demarcation line at the beginning of its
trip to the time the vessel crossed the
demarcation line on its return home to
port, 4 hr of which was spent fishing in
the SNE Differential DAS Area, the total
DAS for that trip would equal 16 hr (8
hr of actual time and 8 hr (4 x 2) of
differential DAS time). A Day gillnet
vessel that declared into the a SNE
Differential DAS Area through VMS
would be charged according to the
following formula for the time fished in
this area: For hours accrued in the area
less than 3 hours or greater than 7.5
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hours, vessels would be charged at a
rate of 2:1; for hours accrued in the area
between 3 and 7.5 hr, vessels would be
charged a full 15 hr. For example, under
this proposed rule, a Day gillnet vessel
fishing in the SNE Differential DAS
Area for 5 hr would be charged 15 hr of
DAS (plus actual time for any time that
the vessel fished outside the area). For
trips where a Day gillnet vessel declares
into the SNE Differential DAS Area, the
application of the DAS accrual formula
described above would not supersede
the DAS accounting formula that
applies to all NE multispecies Day
gillnet vessels. In other words, the net
DAS charge for a Day gillnet vessel for
a trip declared into the SNE Differential
DAS Area may not be less than the DAS
that would accrue on the same length
trip by a Day gillnet vessel not declared
into the SNE Differential DAS Area.
If the Regional Administrator requires
the use of the IVR or other non-VMS
reporting system, a vessel fishing for
any portion of its trip in the SNE
Differential DAS Area would be charged
at the rate of 2:1 for the entire trip, in
a manner similar to that described for
differential DAS counting in the GOM
Differential DAS Area (see section 7 of
this preamble). Using IVR or IVR
technology, it is not possible to
determine the amount of time a vessel
fishes inside the SNE Differential DAS
Area, and therefore the vessel must be
charged at the differential rate for the
entire trip. Further, if a vessel fishes in
both the GOM and SNE Differential DAS
Area on the same trip, the vessel would
be charged at the rate of 2:1 for the
entire trip.
Similar to fishing in the GOM
Differential DAS Area, a vessel issued a
limited access monkfish Category C, D
permit that has declared into the SNE
Differential DAS Area under a monkfish
DAS (and therefore accruing both
monkfish and NE multispecies DAS)
would have its NE multispecies DAS
charged at a rate of 2:1, as described
above, and its monkfish DAS charged at
a rate of 1:1.
A vessel that does not declare its
intent to fish, i.e., harvest fish, in the
SNE Differential DAS Area under a
Category A DAS would be permitted to
transit the area, provided its fishing gear
is properly stowed while transiting the
Area according to the regulations.
The SNE Differential DAS restrictions
are designed to reduce F on three stocks
of fish: SNE/MA yellowtail flounder,
SNE winter flounder, and white hake.
Similar to how trip limits would be
counted when fishing in the GOM
Differential DAS Area, for trips declared
into the SNE Differential DAS Area, all
trip limits would apply based on the
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18:03 Jul 25, 2006
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actual days spent fishing, and not on the
basis of the number of DAS charged. A
vessel fishing under the Regular B DAS
Program (that ends its trip under a
Regular B DAS) would not be subject to
differential DAS counting, regardless of
where it fishes.
A vessel that fishes inside and outside
of the U.S./Canada Area on the same
trip (as described in section 15 of this
preamble) could also fish in the SNE
Differential DAS Area, provided the
vessel declares its intent to fish in the
area via VMS prior to leaving the
Eastern U.S./Canada Area.
9. Commercial Trip Limits
This proposed rule does not change
the Amendment 13 GOM cod trip limit
(800 lb (362.9 kg) per DAS, up to 4,000
lb (1,818.2 kg) per trip). This proposed
rule would implement new trip limits
for white hake and GB winter flounder,
modify the existing trip limits for the
three yellowtail flounder stocks (CC/
GOM, GB, and SNE/MA), and modify
the haddock trip limit and the GOM cod
trip limit exemption and cod overage
regulations.
Under this action, a NE multispecies
DAS vessel fishing under Category A
DAS (and a vessel in another fishery
that is subject to the NE multispecies
possession and trip limit regulations)
may land up 1,000 lb (453.6 kg) of white
hake per DAS, or any part of a DAS, up
to 10,000 lb (4,536.2 kg) per trip. A NE
multispecies DAS vessel fishing under a
Category A DAS (and a vessel in another
fishery that may possess regulated NE
multispecies) that has declared into the
U.S./Canada Management Area may
land up to 5,000 lb (2,268.1 kg) of GB
winter flounder per trip. The U.S./
Canada Management Area is defined as
the same geographic area as the GB
winter flounder stock area.
The Amendment 13 final rule
implemented the following seasonal trip
limits for the CC/GOM stock of
yellowtail flounder: 250 lb (113.6 kg)
per trip during April, May, October, and
November, and 750 lb (340.2 kg) per
DAS, up to 3,000 lb (1,364.0 kg) per trip,
during June - September, and December
- March. In addition, the Amendment 13
final rule implemented the following
seasonal trip limit for the SNE/MA stock
of yellowtail flounder: 250 lb (113.6 kg)
per trip during March - June, and 750 lb
(340.2 kg) per DAS, up to 3,000 lb
(1,364.0 kg) per trip, during July February. This proposed rule would
modify these trip limits implemented
through Amendment 13 for CC/GOM
and SNE/MA stocks of yellowtail
flounder by implementing the same trip
limits for the entire year. Under this
proposed rule, NE multispecies DAS
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vessels fishing under Category A DAS
(and vessels in other fisheries that are
subject to the NE multispecies
possession and trip limit regulations)
could land only up to 250 lb (113.6 kg)
per DAS, or any part of a DAS, up to
1,000 lb (453.6 kg) per trip of CC/GOM
or SNE/MA yellowtail flounder for the
entire fishing year. NMFS proposes to
eliminate the current rule requiring
vessels to obtain and possess on board
a yellowtail flounder LOA issued by the
Regional Administrator in order to land
yellowtail flounder from either of these
two stocks because enforceability of
these proposed trip limits would be
improved (because they would be the
same under this proposed rule). The
requirement for a LOA was
implemented under Amendment 13 in
order to enable enforcement of the
yellowtail flounder trip limits.
This proposed rule would expand the
Regional Administrator’s authority to
change the GB yellowtail flounder trip
limit. In addition, guidance was
developed in FW 42 to assist the
Regional Administrator regarding
potential in-season modifications to the
trip limit (see Table 5 for suggested
guidance offered by the Council). Under
Amendment 13 regulations, there is no
initial trip limit for GB yellowtail
flounder. When it is projected that 70
percent of the yellowtail flounder will
be harvested, current regulations require
a trip limit of 1,500 lb (680.4 kg) per
day, up to 15,000 lb (6,804.1 kg) per
trip. However, the Regional
Administrator may modify various
management measures, including trip
limits when it is projected that 30 and
60–percent of the GB yellowtail
flounder TAC will be harvested.
This proposed rule would remove the
required trip limit imposed at 70
percent of the TAC, and the threshold
harvest levels of 30 percent and 60
percent before other management
measures can be adjusted. In place of
the current measures, this proposed rule
would implement an initial GB
yellowtail flounder possession limit of
10,000 lb (4,536.2 kg) per trip and allow
the Regional Administrator to make
adjustments to the GB yellowtail
flounder trip limit at any time during
the fishing year, including eliminating
or adjusting the initial 10,000–lb
(4,536.2-) trip limit before the start of
the fishing year, in order to prevent
exceeding the TAC or to facilitate
harvesting the GB yellowtail flounder
TAC, in a manner consistent with the
Administrative Procedure Act (this is
more fully described under section 22 of
this preamble). If no trip limit were
specified for the beginning of a fishing
year, the 10,000 lb yellowtail flounder
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trip limit would remain in effect. The
Regional Administrator may specify
yellowtail flounder trip limits for the
whole U.S./Canada Management Area or
for either of the sub-areas (Western Area
or Eastern Area). Following are catch
thresholds and associated trip limits
offered as guidance by the Council for
42529
the Regional Administrator’s
consideration.
TABLE 5. GB YELLOWTAIL FLOUNDER TRIP LIMIT ADJUSTMENT GUIDANCE.
If catch is projected to reach 30% of the TAC during the specified quarter, the suggested trip is as
follows:
If catch is projected to reach 60% of
the TAC during the specified quarter,
the suggested trip is as follows:
Quarter 1
7,500 lb (3,402.1 kg)
3,000 lb (1,360.9 kg)
Quarter 2
10,000 lb (4,536.2 kg)
5,000 lb (2,268.1 kg)
Quarter 3
25,000 lb (11,340.4 kg)
10,000 lb (4,536.2 kg)
Quarter 4
remove trip limit
25,000 lb (11,340.4 kg)
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Fishing Year Quarter
This proposed rule would eliminate
the current initial haddock trip limit
provision (May-Sept 3,000 lb (1,360.8
kg) per DAS up to 30,000 lb (13,608 kg)
per trip; Oct-Apr 5,000 lb (2,268 kg) per
DAS up to 50,000 lb (22,680 kg) per trip)
and as more fully described under
section 22, of this preamble, the
automatic trip limit reduction for
Eastern GB haddock (1,500 lb (680.4 kg)
per DAS or up to 15,000 lb (6,804.1 kg)
per trip) when 70 percent of the TAC is
projected by the Regional
Administrator.
With respect to monitoring and
enforcing trip limits, NMFS is proposing
changes that would eliminate
administrative requirements that NMFS
believes are no longer necessary in the
context of FW 42. If VMS is approved
and implemented as proposed in this
rule (see section 6 of this preamble),
NMFS would eliminate the requirement
for NE multispecies DAS vessels to
obtain a GB Cod Trip Limit Exemption
Letter (LOA) from the Regional
Administrator when fishing outside of
the GOM RMA, if the vessel operator
desires to be exempt from the more
restrictive cod trip limit in the GOM,
because this law enforcement tool
would no longer be necessary. Instead,
with the exception of vessels declared
into the U.S./Canada Management Area,
a NE multispecies DAS vessel fishing
south of the GOM RMA must declare
through the VMS, prior to leaving the
dock in accordance with instructions to
be provided by the Regional
Administrator, its intent to fish south of
the GOM RMA in order to be subject to
the less restrictive GB cod trip limits.
Such a vessel would be exempt from the
GOM cod landing limit, but could not
fish in the GOM RMA for the duration
of the trip. Such a vessel could transit
the GOM RMA, provided that its gear is
properly stowed while in the GOM
RMA. A vessel that has not declared
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through VMS that it would be fishing
south of the GOM RMA, would be
subject to the most restrictive applicable
cod trip limit, regardless of area fished.
The Regional Administrator would
retain the authority to require a vessel
to obtain a GOM Cod Trip Limit
Exemption LOA (as under current
regulations), should implementation of
the VMS requirement be delayed or if
NMFS’s administration of the VMS
program is not operational. If an LOA is
required, such a vessel may not fish
north of the exemption area for a
minimum of 7 consecutive days (when
fishing under the multispecies DAS
program), and must carry the LOA on
board.
For a vessel that is not fishing in
either of the two differential DAS areas
and that catches cod in excess of the
GOM or GB cod trip limits (i.e., the
vessel possesses up to 1 extra day’s
worth of cod in relation to the amount
of DAS that have elapsed), the current
requirement for vessels to ‘‘run’’ their
clocks upon entering port (to account
for the amount of cod on board) would
be replaced by a requirement to make a
declaration via VMS prior to crossing
the VMS demarcation line. For a vessel
making this VMS declaration, NMFS
would make the appropriate increase to
the DAS accrued (up to 23 hours and 59
minutes) to round up the next 24 hr
increment of DAS.
10. Regular B DAS Program
The Regular B DAS Pilot Program was
originally implemented by the FW 40–
A final rule (69 FR 67780; November 19,
2004), and was intended to provide
opportunities to use Regular B DAS
outside of a SAP to catch stocks that can
withstand additional fishing effort. This
program included a variety of
management measures designed to
reduce the potential impacts of the use
of Regular B DAS on stocks of concern
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(e.g., DAS limits, low trip limits and
Incidental Catch TACs for stocks of
concern). Because of the uncertainties
regarding the impacts of the Regular B
DAS Program, this specialized fishery
was characterized as a ‘‘Pilot’’ Program
and a program expiration date of
October 31, 2005, was specified. This
proposed rule would renew the Regular
B DAS Program, but modify certain
aspects in order to further reduce the
potential risks associated with the use a
Regular B DAS and to minimize impacts
to the monkfish fishery. The program
would no longer be characterized as a
APilot,’’ and would remain in effect
indefinitely. The full program is
described below, with the changes from
the previous Pilot Program noted.
The proposed action would allow
limited access NE multispecies DAS
vessels with an allocation of Regular B
DAS to fish under the Regular B DAS
Program to catch relatively healthy
groundfish stocks (GB haddock, pollock,
redfish, GOM winter flounder and GOM
haddock). GB winter flounder and GB
yellowtail flounder could no longer be
considered healthy stocks under the
Regular B DAS Program because they
would be considered ‘‘stocks of
concern’’ for which fishing mortality
reductions are required under this
proposed rule. Vessels eligible to fish in
the Regular B DAS Program would not
be allowed to fish in this program and
in a SAP (e.g., the Eastern U.S./Canada
Haddock SAP, CA I Hook Gear Haddock
SAP, or CA II yellowtail flounder SAP)
on the same trip. In order to limit the
potential biological impacts of the
program, only 500 Regular B DAS could
be used during the first quarter of the
calendar year (May through July), while
1,000 Regular B DAS could be used in
subsequent quarters (August through
October, November through January,
and February through April). DAS that
are not used in one quarter would not
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be available for use in subsequent
quarters. The limitation of 500 DAS
during the first quarter would represent
a modification from the Pilot Program,
which allowed the use of 1,000 DAS
during the first quarter, and would
provide further protection for stocks of
concern, especially GB winter flounder,
which was caught in relatively large
numbers during the first quarter of the
2005 fishing year. As implemented
previously under FW 40–A, Regular B
DAS would accrue at the rate of 1 DAS
for each calendar day, or part of a
calendar day, fished.
A vessel participating in this program
would be required to be equipped with
an approved VMS (this requirement
would be separate from the general VMS
requirement proposed for all groundfish
DAS vessels). The vessel owner or
operator would be required to notify the
NMFS Observer Program at least 72 hr
in advance of a trip in order to facilitate
observer coverage. This notice would
require reporting of the following
information: The general area or areas
that will be fished (GOM, GB, or SNE),
vessel name, contact name for
coordination of observer deployment,
telephone number of contact, date, time,
and port of departure. Providing notice
of the area that the vessel intends to fish
would not restrict the vessel’s activity to
fish only in that area on that trip, but
would be used to plan observer
coverage. Prior to departing on the trip,
the vessel owner or operator would be
required to notify NMFS via VMS that
the vessel intends to participate in the
Regular B DAS Program. Vessels fishing
in the Regular B DAS Program would be
required to report their catches of
certain groundfish stocks of concern
(cod, yellowtail flounder, winter
flounder, witch flounder, American
plaice, and white hake) and haddock,
daily through VMS, including the
amount of fish kept and discarded. The
reporting requirements would be
slightly different from those required in
the Pilot Program and would be
consistent with the standardized
reporting requirements that would
apply to all Special Management
Programs of the FMP, as explained in
Section 17 of this preamble.
A vessel fishing under a Category B
DAS while in this program would be
prohibited from discarding legal-sized
regulated NE multispecies, Atlantic
halibut, ocean pout, and monkfish, and
would be limited to landing 100 lb (45.4
kg) per DAS, or any part of a DAS, of
each of the following groundfish stocks:
GOM cod, GB cod, GB yellowtail
flounder, American plaice, witch
flounder, white hake, SNE/MA winter
flounder, GB winter flounder, southern
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18:03 Jul 25, 2006
Jkt 208001
windowpane flounder, and ocean pout,
unless further restricted (see below). In
addition, a vessel fishing in this
program would be limited to landing no
more than one Atlantic halibut, and 25
lb (11.3 kg) per DAS, or any part of a
DAS, up to a maximum of 250 lb (113
kg) per trip, of CC/GOM or SNE/MA
yellowtail flounder. A limited access
monkfish DAS vessel fishing with gear
other than trawl gear that is
participating in this program under a NE
multispecies DAS would be subject to
the monkfish Incidental Catch limit
applicable to the monkfish Incidental
Catch permit (Category E) (i.e., 400 lb
(181.4 kg) tail weight/DAS, or 50
percent of the total weight of fish on
board, whichever is less, when fishing
in the monkfish Northern Fishery
Management Area (NFMA); and 50 lb
(22.7 kg) tail weight/DAS when fishing
in the monkfish Southern Fishery
Management Area (SFMA)). A limited
access monkfish DAS vessels fishing
with trawl gear that is participating in
this program under a NE multispecies
DAS would be subject to the monkfish
Incidental Catch limit applicable to the
monkfish Incidental Catch permit
(Category E), as well as the monkfish
restrictions associated with the required
use of the haddock separator trawl (as
described below). That is, vessels would
be subject to 500 lb (226.8 kg) whole
weight of monkfish per trip when
fishing in the monkfish NFMA; and 500
lb (226.8 kg) whole weight per trip or 50
lb (22.7 kg) tail weight per DAS,
whichever is less, when fishing in the
monkfish SFMA.
In contrast to the Pilot Program, in
which a trawl vessel was not required
to utilize any particular gear type, under
this proposed rule, a trawl vessel would
be required to use an approved haddock
separator trawl when participating in
the Regular B DAS Program. Other trawl
net configurations may be on board the
vessel, provided they are properly
stowed when the vessel is fishing under
the Regular B DAS Program rules. The
intent of this restriction is to further
reduce the potential for vessels to catch
stocks of concern, notably cod,
yellowtail flounder, and winter
flounder. Furthermore, for a trawl vessel
fishing with the proposed haddock
separator trawl, possession of flounders
(all species, combined); monkfish
(whole weight), unless otherwise
specified below; and skates would be
limited to 500 lb (227 kg) each, and
possession of lobsters would be
prohibited, to help ensure the proper
utilization of the haddock separator
trawl; a properly configured haddock
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separator trawl should not catch large
quantities of these species.
If a vessel fishing under the Category
B DAS Program harvests and brings on
board a stock with an Incidental Catch
TAC (cod, yellowtail, American plaice,
witch flounder, white hake, SNE winter
flounder, GB winter flounder), or
southern windowpane flounder, ocean
pout, Atlantic halibut, or monkfish, in
excess of the landing limits, the vessel
operator would be required to retain on
board the excess catch of these species,
and immediately notify NMFS, via
VMS, that it is changing its DAS
category from a Regular B DAS to a
Category A DAS (i.e., ‘‘DAS flip’’). If a
vessel flips from a Regular B DAS to a
Category A DAS, it would be charged
Category A DAS, which would accrue to
the nearest minute, for the entire trip
(i.e., not to the nearest day). In contrast
to the Pilot Program rules, the proposed
requirement to flip must be executed
immediately upon exceeding the
landing limit of any of the pertinent
species, instead of at any time prior to
crossing the VMS demarcation line.
This restriction is being proposed to
enhance the effectiveness and
enforceability of the flipping provision.
Once the vessel flips, it would be
subject to the Category A trip limit
restrictions. A vessel fishing in the
Category B DAS Program must abide by
all the reporting requirements described
above for the duration of the trip, even
if the vessel ‘‘flips’’ to a Category A
DAS.
In order to ensure that a vessel would
always have the ability to flip to a
Category A DAS while fishing under a
Regular B DAS (should it catch a
groundfish species of concern in an
amount that exceeded the trip limit),
with the exception of a vessel fishing in
one of the two Differential DAS Areas,
the number of Regular B DAS that
would be allowed to be used on a trip
would be limited to the number of
Category A DAS that the vessel has at
the start of the trip. For example, if a
vessel plans a trip under the Regular B
DAS Program and has 5 Category A DAS
available, the maximum number of
Regular B DAS that the vessel could fish
on that trip under the Regular B DAS
Program would be 5. If a vessel is
fishing in either the GOM Differential
DAS Area or the SNE Differential DAS
Area, the number of Regular B DAS that
would be allowed to be used on a trip
would be limited to the number of
Category A DAS that the vessel has at
the start of the trip divided by 2. For
example, if a vessel plans a trip under
the Regular B DAS Program and has 10
Category A DAS available, the
maximum number of Regular B DAS
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that the vessel could fish on that trip
under the Regular B DAS Program
would be 5.
This action would provide the
Regional Administrator authority to
approve the use of additional gear
specifically for this program based on
approved gear standards recommended
by the Council. After consideration of
the Groundfish Committee’s
recommendation on the standards that
must be met by potential gears, the
Council could determine what
standards, if any, would be
recommended to the Regional
Administrator, to facilitate the
determination of whether a proposed
gear type is acceptable based on
whether the proposed gear has been
demonstrated to reduce catch of
groundfish stocks of concern. Upon
receipt of the Council’s
recommendation on gear standards,
NMFS may implement these standards
in a manner consistent with the
Administrative Procedure Act. If NMFS
decides not to implement the Council’s
recommendation on gear standards, it
must provide a written rationale to the
Council regarding its decision not to do
so.
The Pilot Program implemented by
FW 40–A allowed a vessel issued a
limited access monkfish Category C or D
permit to use a NE multispecies Regular
B DAS to fulfill the requirements of the
Monkfish FMP, which requires such a
vessel to use a NE multispecies DAS
every time a monkfish DAS is used. To
reduce fishing mortality on monkfish
resulting from the use of Regular B DAS,
FW 3 would prohibit a limited access
monkfish DAS vessel that also possesses
a limited access NE multispecies DAS
permit from using a monkfish DAS (in
conjunction with a NE multispecies
Regular B DAS) when participating in
the Regular B DAS Program. This vessel
would still be able to participate in this
program and use a NE multispecies
Regular B DAS, but it would be required
to fish under a NE multispecies DAS
only and would be subject to the
monkfish trip limits specified above
under this section. Discarding of legalsized monkfish would be prohibited
when fishing under this program.
NMFS would administer the Regular
B DAS Program quarterly DAS cap by
monitoring the total number of Regular
B DAS accrued on trips that begin and
end under a Regular B DAS. Declaration
of a Regular B DAS Program trip
through VMS would not serve to reserve
a vessel’s right to fish under this
program, because the vessel must also
cross the demarcation line to begin a
trip in this program. Once the maximum
number of Regular B DAS are projected
to be used in a quarter, the Regional
Administrator would end the Regular B
DAS Program for that quarter.
In order to limit the potential impact
of the Regular B DAS Program on the
fishing mortality of groundfish stocks of
concern, a quarterly Incidental Catch
TAC would be set for certain groundfish
stocks of concern for this program.
Based upon the definition of Incidental
Catch TACs and the allocation of
Incidental Catch TACs among special
programs (Table 3 and 4, respectively),
the proposed Incidental Catch TACs
allocated to the Regular B DAS Program
are calculated and divided into
quarterly Incidental Catch TACs as
shown below in Table 6. The quarterly
Incidental Catch TACs would be
divided among quarters in order to
correspond to the allocation of DAS
among quarters. The 1st quarter (MayJuly) would receive 13 percent of the
Incidental Catch TACs, and the
remaining quarters (August-October,
November-January, and February-April)
would each receive 29 percent of the
Incidental Catch TACs.
TABLE 6. PROPOSED INCIDENTAL CATCH TACS FOR THE REGULAR B DAS PROGRAM (MT, LIVE WEIGHT)
FY 2006
FY 2007
Qtr 2-4
GB cod
8.0
17.8
GOM cod
6.5
14.5
GB yellowtail
flounder
2.7
6.0
SNE/MA
yellowtail
0.2
0.4
0.3
CC/GOM
yellowtail
0.8
1.9
American plaice
23.8
Witch flounder
Qtr 1
Qtr 2-4
13.5
30.1
0.6
0.4
0.9
1.4
3.1
1.8
4.1
53.2
26.7
59.5
33.3
74.3
35.8
79.9
33.0
73.6
28.2
62.8
White hake
5.3
11.9
4.4
9.7
3.6
7.9
SNE/MA winter
flounder
3.2
7.2
3.9
8.7
4.7
10.4
GB winter flounder
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Qtr 1
Qtr 1
FY 2008
Qtr 2-4
1.9
4.1
2.1
4.6
2.2
5.2
See NOTE
12.9
28.7
See NOTE
NOTE: TACs for this stock depend on annual specification of TACs in the U.S./Canada Management Area. TACs would be calculated using
the definition of Incidental Catch TACs and the allocation of Incidental Catch TACs among Special Programs (Table 3 and 4, respectively), as
well as the quarterly division of the TAC described above. Separate specification of these TACs would not be necessary, because it is calculated
based upon an explicit formula.
With the exception of white hake, CC/
GOM yellowtail flounder, and SNE/MA
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yellowtail flounder, if the Incidental
Catch TAC for any one of these species
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were caught during a quarter (landings
plus discards), use of Regular B DAS in
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the pertinent stock area would be
prohibited for the remainder of that
quarter. Vessels would be able to once
again use Regular B DAS under this
program at the beginning of the
subsequent quarter. When the white
hake Incidental Catch TAC is caught,
the possession of white hake when
fishing under the Regular B DAS
Program would be prohibited. For the
CC/GOM and SNE/MA stocks of
yellowtail flounder, when the respective
Incidental Catch TACs are caught, only
a portion of the stock area where the
species is predominantly caught would
be closed to Regular B DAS Program
participants. Upon attainment of the
CC/GOM yellowtail flounder incidental
Catch TAC, the following 30-minute
square blocks would close: Blocks 98,
114, 123, 124, 125, 132, and 133. Upon
attainment of the SNE/MA yellowtail
flounder Incidental Catch TAC, the
following 30-minute square blocks
would close: Blocks 70 to 73, 82 to 88,
98, 99, and 101 to 103. Closure of only
a portion of the two yellowtail stock
areas is a change from the original Pilot
Program (which closed the whole stock
areas). Given the very small Incidental
Catch TACs for these two stocks, the
intent of these smaller closures is to
prevent closure of the whole stock area
and allow continued fishing under the
Regular B DAS Program in areas where
little or no yellowtail flounder is likely
to be caught.
Under the Pilot Program, the Regional
Adminstrator had the authority to
prohibit the use of Regular B DAS for
the duration of a quarter or fishing year,
if it was projected that continuation of
the Regular B DAS Program would
undermine the achievement of the
objectives of the FMP or the Regular B
DAS Program. This proposed rule
would continue this authority, but
would provide additional reasons for
terminating the program. Additional
reasons for terminating the program
would include, but would not be
limited to, the following: Inability to
restrict catches to the Incidental Catch
TACs; evidence of excessive discarding;
evidence of a significant difference in
flipping rates between observed and
unobserved trips; and insufficient
observer coverage to adequately monitor
the program, particularly if coverage
declines below the Council’s
recommendation of 36 percent (the
same level of observer coverage as
occurred during the original Pilot
Program).
11. Renewal of DAS Leasing Program
The DAS Leasing Program was first
implemented by Amendment 13 to help
mitigate the economic and social
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18:03 Jul 25, 2006
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impacts of effort reductions in the
fishery, and expired on April 30, 2006.
The Secretarial emergency rule, which
will expire on October 10, 2006, without
further action, continued this program
from May 1, 2006, through October 10,
2006. This proposed rule would
continue the DAS Leasing Program,
without change, to help mitigate the
economic and social impacts resulting
from the current FMP regulations that
strictly limit fishing effort.
12. Renewal and Modification of the
Eastern U.S./Canada Haddock SAP
The Eastern U.S./Canada Haddock
SAP Pilot Program was promulgated by
regulations implementing FW 40–A in
order to enable haddock harvest to
approach OY and to mitigate the
economic and social impacts of effort
reductions in the fishery. The Eastern
U.S./Canada Haddock SAP Pilot
Program was implemented for a
duration of 2 years, and will expire on
November 20, 2006. This action would
renew and modify the Eastern U.S./
Canada Haddock SAP for fishing years
2006 through 2008. The SAP was
originally characterized as a ‘‘Pilot’’
Program due to the uncertainties
regarding the impacts of the SAP.
Because the best available information
indicates that the SAP did not
undermine the fishing mortality
objectives of the FMP during the Pilot
phase, under this proposed rule, the
program would no longer be
characterized as a ‘‘Pilot’’ Program. This
proposed rule would continue the
Eastern U.S./Canada Haddock SAP as
originally implemented, with the
proposed modifications to the SAP
described below.
The Eastern U.S./Canada Haddock
SAP Program would allow limited
access NE multispecies DAS vessels
fishing with an authorized haddock
separator trawl to catch haddock using
a Category B DAS, in a portion of the
Eastern U.S./Canada Area, including the
northern-most tip of CA II. The
proposed time period for the SAP would
be August 1 - December 31. This time
period represents a modification from
the previous start date of May 1, in
order to reduce the likelihood of high
cod catch rates (that typically occur in
the late spring and summer), reduce
potential impacts on GB yellowtail
flounder, and reduce likelihood of early
closure of the SAP triggered by the catch
of the GB cod Incidental Catch TAC
(described below). Delaying the start
date to August 1, is intended to help
prevent an early closure of this area and
thereby prolong the period of time
during which vessels have access to the
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haddock fishery in the area under a
Category B DAS.
In a manner similar to the provision
proposed under the Regular B DAS
Program, this action would provide the
Regional Administrator authority to
approve the use of additional gear
specifically for this SAP based on
approved gear standards recommended
by the Council. After consideration of
the Groundfish Committee’s
recommendation on the standards that
must be met by potential gears to be
used in this SAP, the Council could
determine what standards, if any, would
be recommended to the Regional
Administrator, to facilitate the
determination of whether a proposed
gear type is acceptable, based on
whether the proposed gear has been
demonstrated to reduce catch of
groundfish stocks of concern. Upon
receipt of the Council’s
recommendation on gear standards,
NMFS may implement these standards
through a regulatory action consistent
with the Administrative Procedure Act.
If NMFS decides not to implement the
Council’s recommendation on gear
standards, it must provide a written
rationale to the Council regarding its
decision not to do so.
New restrictions are proposed for
trips on which use of the haddock
separator trawl is required (including
this SAP). For trawl trips, possession of
flounders (all species, combined);
monkfish (whole weight), unless
otherwise specified below; and skates
would be limited to 500 lb (227 kg) each
per trip; and possession of lobsters
would be prohibited to help ensure the
proper utilization of the haddock
separator trawl.
In order to limit the potential impact
on fishing mortality that the use of
Category B DAS may have on GB cod,
an annual GB cod Incidental Catch TAC
would be specified for this SAP that
represents 34 percent of the overall
Incidental Catch TAC for GB cod (19.6
mt for FY 2006). In addition to an
Incidental Catch TAC for GB cod, this
action would also establish two new
Incidental Catch TACs for GB yellowtail
flounder and GB winter flounder for this
SAP. The Incidental Catch TACs for
these two species in this SAP each
represent 50 percent of the respective
overall Incidental Catch TACs for these
stocks allocated to Special Programs.
The proposed 2006 GB yellowtail
flounder Incidental Catch TAC would
be 20.7 mt, and the proposed GB winter
flounder Incidental Catch TACs for
2006–2008 would be 14.3, 16.1, and
17.8 mt, respectively. The GB yellowtail
flounder Incidental Catch TAC is
dependent upon the annual
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specification of the U.S./Canada TACs,
and therefore would be calculated on an
annual basis for the 2007 and 2008
fishing years. Separate specification of
this TAC would not be necessary,
because it is calculated based upon an
explicit formula. Participation in the
SAP by vessels using a Category B DAS
would be prohibited when any one of
the three Incidental Catch TACs are
projected to have been caught.
Many of the associated requirements
proposed for this SAP would be the
same as the proposed reporting
requirement that would be applicable to
all Special Programs, as explained
under Section 17 in this preamble. The
last aspect of this SAP that represents a
change from the Pilot Program is the
proposed restriction on discarding
while under a Category B DAS, which
would apply to all regulated NE
multispecies, Atlantic halibut, and
ocean pout under this proposed rule,
rather than applying only to cod. All
other proposed measures for this SAP
are consistent with the measures
previously implemented.
13. Modification to CA I Hook Gear SAP
FW 42 proposes to specify a haddock
TAC for this SAP for fishing years 2006
through 2008, and provide the Regional
Administrator the authority to adjust
these TACs based on future stock
42533
assessments using a specified formula.
The formula would be based upon the
size of the haddock TAC allocated for
the 2004 fishing year (1,130 mt live
weight) and, based on new information,
would be adjusted according to the
growth/decline of the western GB
(WGB) haddock exploitable biomass in
relationship to its size in 2004. The size
of the WGB component of the stock is
currently considered to be 35 percent of
the total stock size (unless modified by
a new stock assessment). The formula is
as follows: TACyear x = (1,130 mt live
weight) x (Projected WGB Haddock
Exploitable Biomassyear x / WGB
Haddock Exploitable Biomass2004).
TABLE 7. PROPOSED CA I HADDOCK SAP TACS FOR FISHING YEARS 2006-2009, AND PERTINENT HISTORIC
INFORMATION.
Total GB Haddock Stock Exploitable Biomass (mt x
1,000)
WGB Haddock Exploitable
Biomass (mt x 1,000)
Ratio of Total GB Haddock
Stock to WGB Component
TAC (mt live
weight)
2004
100.907
35.317
N/A
1,130
2005
137.341
48.069
1.361
1,538
2006
202.261
70.791
2.004
2,265
2007
442.427
154.849
4.385
4,955
2008
560.303
196.106
5.553
6,275
Fishing Year
For example for 2006, based on the information in the table and the formula: (202.261) x (35%) = 70.791; 70.791/35.317=2.004; and (1,130) x
(2.004) = 2,265 mt.
When the haddock TAC is harvested,
the SAP would close. The standardized
reporting requirements as discussed in
section 17 of this preamble would apply
to this SAP.
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14. GB Cod Fixed Gear Sector
This action would authorize the
formation of a second sector in the FMP,
the GB Cod Fixed Gear Sector (Fixed
Gear Sector), in accordance with the
procedures and requirements
implemented by Amendment 13
(§ 648.87). Requirements
under§ 648.87(b) that apply to all
sectors would apply to the proposed
Fixed Gear Sector, including, but not
limited to the following: Voluntary
membership; an allocation based on a
hard TAC or DAS usage; a maximum
allocation of 20 percent of a stock’s
TAC; an allocation based upon landings
histories for fishing years 1996 through
2001 (for sectors formed during the
period 2004 through 2007 to harvest GB
cod); a requirement that sector members
must remain in the sector for the entire
fishing year and must abide by the rules
that apply to the sector for the entire
fishing year; termination of sector
operations for the remainder of the
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18:03 Jul 25, 2006
Jkt 208001
fishing year once a hard TAC allocated
to a sector is projected to be exceeded,
and, if a hard TAC allocated to a sector
is exceeded in a given fishing year, a
required reduction (in the amount of the
overage) from the sector’s allocation the
following fishing year.
The primary purpose of the proposed
Fixed Gear Sector is to fish in an
efficient manner, under customized
managed measures, for the primary
purpose of harvesting GB cod. A vessel
fishing in the Fixed Gear Sector would
be restricted to fishing with either jigs,
non-automated demersal longline, hand
gear, or sink gillnets. The Fixed Gear
Sector, as required under § 648.87(b)(2),
must submit an Operations Plan and
Fixed Gear Sector Contract to the
Regional Administrator at least 3
months prior to the beginning of each
fishing year. This proposed rule would
authorize the formation of the Fixed
Gear Sector, but would not constitute
approval of the operation of the Fixed
Gear Sector during the 2006 fishing
year. The proposed Sector would be
authorized to operate during the 2006
fishing year only if the Sector is
approved in FW 42, and if the Regional
Administrator approves an initial
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Operations Plan and Sector Contract for
fishing year 2006. The Fixed Gear Sector
submitted an Operations Plan and
Sector Contract to the Regional
Administrator on February 1, 2006. If
the essential criteria for an Operations
Plan and Sector Contract are met, the
proposed Operations Plan, containing
the rules under which the Fixed Gear
Sector would operate, would be
published in a separate Federal Register
document and public comment solicited
prior to making a final decision to
authorize operation of the Sector in the
2006 fishing year. Because the Fixed
Gear Sector could not be approved prior
to the start of the May 1, 2006 fishing
year, the Fixed Gear Sector’s Operations
Plan would need to provide an
acceptable method for accounting for
any groundfish DAS used or any GB cod
caught in the 2006 fishing year prior to
Regional Administrator approval.
As described above, a vessel fishing in
the Fixed Gear Sector would be
restricted to fishing with various gear,
including jigs; however jigs are not
defined in the regulations. This
proposed rule includes a definition of
jigging and jig as follows: Jigging, with
respect to the NE multispecies fishery,
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means fishing for groundfish with hook
and line gear (hand line or rod and reel)
using a jig, which is a weighted object
attached to the bottom of the line used
to sink the line and/or imitate a baitfish,
which is moved (‘‘jigged’’) with an up
and down motion.
15. Eastern U.S./Canada Area Flexibility
This action proposes to allow a vessel
that fishes in the Eastern U.S./Canada
Area to choose to fish in other areas
outside of the Eastern U.S./Canada Area
on the same trip, with an exception
noted below. If a vessel chooses to fish
both inside and outside of the Eastern
U.S./Canada Area on the same trip, the
operator must notify NMFS via VMS
prior to leaving the dock or at any time
during the trip prior to leaving the
Eastern U.S./Canada Area, and must
comply with the most restrictive
regulations for the areas fished,
regardless of area fished for the entire
trip. For example, a vessel electing to
fish inside and outside of the Eastern
U.S./Canada Area on the same trip
would not receive any steaming time
credit, and all cod, haddock, and
yellowtail flounder caught on the entire
trip would be applied against the
pertinent U.S./Canada Management
Area TACs for these species. In
addition, the vessel must comply with
reporting requirements for the Eastern
U.S./Canada Area for the entire trip.
A vessel would be prohibited from
fishing in the CC/GOM or SNE/MA
yellowtail flounder stock areas if, when
fishing in the Eastern U.S./Canada Area,
it exceeded the yellowtail flounder trip
limit specified for these areas (i.e., 250
lb (113.4 kg)/day to 1,000 lb (453.6 kg)/
trip). Prohibiting a vessel from fishing
outside of the Eastern U.S./Canada Area
on the same trip if it has exceeded the
CC/GOM or SNE/MA trip limit for
yellowtail flounder is necessary to
preclude the possibility of a vessel
discarding its yellowtail flounder in
order to fish outside of the area. A
vessel that fishes inside and outside of
the Eastern U.S./Canada Area on the
same trip may also fish in one of the
Differential DAS Areas (and accrue DAS
at the higher rate), described in sections
7 and 8 of this preamble, provided the
vessel declares its intent to fish in such
areas via VMS prior to leaving the
Eastern U.S./Canada Area.
This proposed measure would
address a potential safety concern that
has resulted from the Amendment 13
restriction that vessels fishing in the
Eastern U.S./Canada Area cannot fish in
any other area on the same trip. If bad
weather is forecast, a vessel operator
fishing in the Eastern U.S./Canada Area
under current rules has only two
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18:03 Jul 25, 2006
Jkt 208001
choices: End the trip early, or continue
to fish in the Eastern U.S./Canada Area.
The concern is that fishermen, during
inclement weather, would keep fishing
in the Eastern U.S./Canada Area until it
is too late to evade a rapidly advancing
storm. This proposed measure would
provide fishermen that have declared
their intent to fish in the Eastern U.S./
Canada Area the option of also fishing
outside of the Eastern U.S./Canada Area
on that same trip. This would reduce
the chances of an economic loss for the
trip and, therefore, reduce the economic
incentive for a vessel operator to fish
under unsafe weather conditions.
16. Modification of the DAS Transfer
Program
The proposed action would modify
several aspects of the DAS Transfer
Program. The intent of these changes are
to increase the utility of the program,
provide clarification of program details
that were not previously considered,
and support effective administration of
the program by NMFS.
The DAS Transfer Program was
implemented by Amendment 13 in
order to provide vessel owners an
opportunity to mitigate the negative
economic impacts of the regulations,
enhance flexibility within the
groundfish fleet, and provide
opportunities for fleet rationalization.
However, some industry members have
commented that the DAS Transfer
Program has not been used by vessel
operators because the restrictions
associated with the program are too
severe. Therefore, this action would
modify two fundamental aspects of the
program in order to make the program
rules less restrictive. Under this
proposed rule, the vessel transferring its
NE multispecies DAS permit (transferor)
would no longer be required to exit all
state and Federal fisheries, and would
be allowed to acquire other fishing
permits (i.e., other Federal limited
access permits, Federal open access
permits, and/or state permits) after the
transfer. Secondly, other non-groundfish
permits that the transferor vessel has
would no longer automatically expire,
but could be transferred as a bundle to
the vessel receiving the NE multispecies
DAS permit (subject to pertinent
regulations regarding vessel
replacement). Duplicate permits would
expire, and a vessel would not be able
to consolidate DAS or other allocations
from non-groundfish permits. Nongroundfish permits would still be
subject to all applicable regulations
such as vessel replacement size
restrictions. The program would
maintain the conservation tax of 20
percent on Category A and Category B
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DAS, as well as the conservation tax of
90 percent on Category C DAS, in order
to support the program’s goal of longterm reduction in fishing effort.
Because the execution of a DAS
transfer is a process whereby two
limited access NE multispecies permits
(with two baselines, DAS allocations,
and histories) become a single permit
(with a single baseline, DAS allocation,
and history), this action would also
specifiy the rules that pertain to the
resultant single permit. All history
associated with the transferred NE
multispecies DAS permit would be
acquired by the recipient (transferee),
and would subsequently be associated
with the permit rights of the transferee.
The pertinent history would include
catch history, DAS use history, and
permit rights history. Neither the
individual elements of the history
associated with the transferor vessel,
nor the total history may be separated
from the NE multispecies DAS being
transferred. With respect to vessel
baseline characteristics, the baseline of
the transferee vessel would be the
smaller baseline of the two vessels or, if
the transferee vessel had not previously
upgraded under the vessel replacement
rules, it could choose to adopt the larger
baseline of the two vessels, which
would constitute the vessel’s one-time
upgrade, if such upgrade is consistent
with the vessel replacement rules.
Because limited access Hook Gear
vessels (Category D) are not allowed to
change permit categories under current
permit rules, this proposed action
would clarify that vessels with a limited
access NE multispecies Category D
permit would only be allowed to
transfer their NE multispecies DAS
(acting as a transferor) to another
Category D vessel. However, such
vessels could participate in a DAS
transfer as a transferee vessel and
acquire DAS from any limited access NE
multispecies DAS permit category. That
is, a Category D Hook Gear vessel would
be allowed to transfer DAS only to
another Category D Hook Gear vessel,
but could receive transferred DAS from
any limited access NE multispecies DAS
permitted vessel.
In order to simplify the DAS Transfer
Program, the proposed action would
clarify that, for the purposes of
calculating the DAS conservation tax,
the transferee would be required to
specify which vessel’s DAS are being
acquired and are, therefore, subject to
the conservation tax. If a conservation
tax were to apply strictly to the DAS
acquired from the transferor vessel,
buyers would have a strong incentive to
arrange the DAS Transfer Program
transaction such that it would result in
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the permit with the least number of DAS
being designated as the transferor
(seller) permit.
Lastly, for administrative purposes,
the proposed action would prohibit a
vessel from participating in the DAS
Leasing Program as a lessee or lessor
during a particular fishing year and then
subsequently participating in the DAS
Transfer Program as a transferor during
the same fishing year. A vessel would be
allowed to participate in the DAS
Leasing Program as a lessor or as a
lessee and then submit an application
for a DAS transfer as a transferor, but
the transfer, if approved, would not be
effective until the beginning of the
following fishing year. Vessels would
not be prohibited from participating in
the DAS Leasing Program after a DAS
transaction has occurred.
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17. Standardized Requirements for
Special Management Programs
Under current regulations, the Special
Management Programs under § 648.85
(U.S./Canada Resource Sharing
Understanding, Regular B DAS Pilot
Program, CA I Hook Gear Haddock SAP,
CA II Yellowtail Flounder SAP, and
Eastern U.S./Canada Haddock SAP Pilot
Program) have many similar
requirements. The proposed action
would modify and standardize the
requirements that apply to the Special
Management Programs in order to
improve the reporting of directed catch
and bycatch, reduce discarding,
enhance enforcement, simplify the
administration of these programs, and
reduce industry confusion regarding
such rules. In some of these Programs,
additional requirements apply that were
previously implemented. The
standardized requirements are described
below, and any new requirement, or
new application of an existing
requirement is noted.
The current requirement for the use of
VMS and the advance notice to the
observer program prior to each trip
would continue. For all Special
Management Programs, the catch
location, which is required in order to
accurately attribute catch to the
appropriate stock area, would be
determined by NMFS through the use of
VMS positional data and other available
data. For all Special Management
Programs, the species that must be
reported daily (catch and discards)
would be haddock and all species for
which a stock of concern has been
identified as likely to be caught in a
Special Management Program
(currently, the species with stocks of
concern identified as such are: Cod,
yellowtail flounder, winter flounder,
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witch flounder, white hake, and
American plaice).
For all Special Management Programs,
there would be a new requirement to
report the date of the catch. Currently
NMFS must infer which date the fish
were caught on, based upon the time
NMFS receives the VMS report (and in
consideration of the requirement that
states when a vessel must report). The
proposed measure to require the vessel
operator to explicitly state on which
date the fish were caught would provide
assurance of the collection of pertinent
information and would help to improve
the accuracy of the data. As under
current regulations, the vessel may
report catch for a particular day of
fishing at any time of the day on which
it was caught, up until 0900 hr the
following day.
For all Special Management Programs,
there would be a new requirement to
report the serial number of the Vessel
Trip Report (VTR). A vessel operator
would be required to report the serial
number from the first page of the
logbook on the daily VMS catch report.
Because the serial numbers are
associated with individual vessels, a
vessel operator would be prohibited
from sharing logbooks with other vessel
operators. The VTR serial number
would serve as an important tool that
would enable fishery managers to make
better use of available data by linking
VTR data with dealer and DAS data.
The improved linkage of various data
sources would allow a more integrated
use of available data.
While participating in SAPs and the
Regular B DAS Program, a vessel would
be prohibited from discarding legalsized regulated NE multispecies,
Atlantic halibut, and ocean pout while
fishing under a Category B DAS. The
proposed action would also require a
vessel that is participating in either the
Regular B DAS Program or a SAP that
exceeds any of the NE multispecies trip
limits, to exit these respective programs.
With the exception of the CA I Hook
Gear Haddock SAP, a vessel would be
required to exit the Special Management
Program and ‘‘flip’’ to a Category A DAS
as soon as the maximum trip limit is
exceeded. Current regulations require
flipping to occur prior to crossing the
VMS demarcation line on a vessel’s
return to port. Requiring a vessel to flip
immediately would make the flipping
provision more enforceable and reduce
the likelihood that vessels may be
tempted to delay flipping to Category A
DAS in order to save more valuable
Category A DAS. The requirement that
vessels participating in the Special
Management Programs report daily via
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42535
VMS would continue, even after a
vessel is required to exit the program.
18. Gear Performance Incentives for
Special Management Programs
The proposed action would require
that, in times and areas when a Special
Management Program requires a vessel
to use a haddock separator trawl or
other gear authorized by the program to
reduce catches of stocks of concern,
possession of flounders (all species
combined), monkfish (live/whole
weight), and skates (live/whole weight)
would be limited to 500 lb (226.8 kg)
each, per trip. Possession of lobsters
would be prohibited. If a specific
program includes a possession limit that
conflicts with the Gear Performance
Incentives, the most restrictive limit
would apply. For example, a vessel
fishing under a NE multispecies
Category B DAS in the proposed Regular
B DAS Program in the monkfish SFMA,
that has a limited access monkfish
Category C or D permit (and would not
be able to fish under a monkfish DAS)
would be limited to 50 lb (22.7 kg) of
monkfish per trip. The intent of the
proposed measure is to increase the
incentive for vessels to configure the
gear properly because only relatively
small amounts of these species may be
landed when using the gear. The
proposed gear performance incentive
requirement would apply to the Regular
B DAS Program, NE multispecies SAPs,
and the Eastern U.S./Canada
Management Area (if/when the haddock
separator trawl is the only allowable
trawl net).
19. Modification of Cod Landing Limit
in Eastern U.S./Canada Area
Currently, a vessel fishing in the
Eastern U.S./Canada Area under a
Category A DAS may not land more
than 500 lb (226.8 kg) of cod per DAS,
or any part of a DAS, up to 5,000 lb
(2,268 kg) per trip, not to exceed 5–
percent of the total catch on board,
whichever is less. This proposed rule
would remove the restriction pertaining
to cod not exceeding 5–percent of the
total weight of fish on board in order to
eliminate a problem with the proposed
regulations for vessels fishing in the
Regular B DAS Program. A vessel
fishing under a Regular B DAS in the
Eastern U.S./Canada Area may possess
no more than 100 lb (45.4 kg) of cod per
DAS, up to 1,000 lb (453.6 kg) per trip.
For such a vessel there is no restriction
with respect to the percent of total
catch, and the vessel may not discard
regulated NE multispecies. If such a
vessel is required to flip from a Category
B to a Category A DAS, it is then subject
to the rules that pertain to the Eastern
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U.S./Canada Area and may immediately
be in violation of the possession limit.
Elimination of this 5–percent restriction
would prevent a situation where a
vessel operator would have no ability to
avoid being in violation of the
possession limit upon flipping (prior to
flipping, the vessel is prohibited from
discarding).
20. SNE/MA RMA Trawl Codend Mesh
Requirement
The proposed action would modify
the current trawl codend mesh
requirement applicable to the SNE/MA
RMA from 6.5–inch (15.2–cm) square or
7.0–inch (17.8–cm) diamond mesh to
6.5–inch (15.2–cm) square or 6.5–inch
(15.2–cm) diamond mesh. The goal of
this measure is to encourage the use of
a 6.5–inch (15.2–cm) diamond mesh
while fishing for yellowtail flounder in
order to reduce yellowtail flounder
discards. A 6.5–inch (15.2–cm) diamond
mesh would provide more escapement
for small yellowtail flounder than does
the 6.5–inch (15.2–cm) square mesh,
which the industry currently prefers to
use instead of the 7.0–inch (17.8–cm)
diamond mesh codend.
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21. Regional Administrator Authority to
Adjust Trip Limits for Target TAC
Stocks
The proposed action would require
the Regional Administrator to monitor
the catch of all the groundfish species
with trip limits (and target TACs) and
adjust trip limits upwards for the
purpose of facilitating harvest of the
target TACs, if it is projected that less
than 90 percent of the target TAC will
be caught during the fishing year. Trip
limit changes would be allowed at any
time during the fishing year, or before
the start of the fishing year, if
information is sufficient to make the
necessary projections.
22. Regional Administrator Authority to
Adjust Measures in the U.S./Canada
Management Area
The proposed action would expand
the Regional Administrator’s authority
to adjust management measures in the
U.S./Canada Management Area, after
consultation with the Council, in order
to more effectively prevent
overharvesting or to facilitate harvesting
of the hard TACs (and achieving OY).
Current regulations limit the Regional
Administrator authority’s to adjusting
the U.S./Canada Management Area
measures when 30 percent and/or 60
percent of the hard TACs (for GB
yellowtail flounder, Eastern GB
haddock, and Eastern GB cod) are
projected to be harvested. The proposed
action would allow the Regional
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Administrator to make adjustments to
management measures at any time
during the fishing year, as well as prior
to the start of the fishing year for the
subsequent fishing year, if information
is sufficient to make the necessary
projections.
This proposed rule would eliminate
the required implementation of a trip
limit for Eastern GB haddock (i.e., when
70 percent of the TAC is projected, the
Regional Administrator must implement
a possession limit of 1,500 lb (680.4 kg)
per day, up to 15,000 lb (6,804.1 kg) per
trip). Although the Council did not
propose the elimination of this nondiscretionary trip limit, NMFS is
proposing its removal under authority of
section 305(d) of the Magnuson-Stevens
Act, which allows NMFS to promulgate
regulations as necessary for the general
responsibility of carrying out an FMP.
Specifically, the required trip limit for
Eastern GB haddock, in the context of
the proposed expansion of Regional
Administrator’s authority to modify
U.S./Canada Management Area
regulations would be of little value. For
example, if the required trip limit trigger
remained in place, if the Regional
Administrator projects that 70 percent
of the Eastern GB haddock TAC will be
harvested and implements the nondiscretionary trip limit, the Regional
Administrator would have the authority
to immediately remove the trip limit.
Under the proposed regulations, the
Regional Administrator could
implement such a trip limit, if
appropriate, but would have to
implement a specific haddock trip limit
when 70 percent of the harvest is
attained.
This proposed measure would also
clarify that the Regional Administrator
may implement different management
measures for vessels using Category A
DAS and Category B DAS, and require
that the Regional Administrator, when
determining in season adjustments,
consider Council intent that
opportunities for fishing on Category A
DAS should take precedence over
opportunities to fish under Category B
DAS.
24. Other Measures
For vessels fishing under the
proposed Regular B DAS Program, or for
trips where vessels have declared that
they will be fishing inside and outside
of the Western U.S./Canada Area on the
same trip, the current daily reporting of
the statistical area fished (to determine
catch location) would no longer be
required. Because vessels that fish in
these programs are required to have an
operational VMS, NMFS is able to
determine location fished using VMS
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positional data. Further, on trips where
a vessel fishes inside and outside of the
Western U.S./Canada Area, the vessel
operator would no longer be required to
report catch as the vessel crosses into
and out of the area, and would be
subject only to the daily reporting
requirement.
Request for Comments
The public is invited to comment on
any of the measures proposed in this
rule. NMFS is especially interested in
receiving comment on one proposed
measure over which the agency has
concerns, particularly regarding
whether the measures are consistent
with achieving the objectives of the NE
Multispecies FMP, whether such
measures would be effective in
achieving the objective of the measures,
and whether such measures would be
cost effective. The issue of concern is
the following:
Regional Administrator Authority to
Adjust Trip Limits for Target TAC
Stocks
The proposed action would require
the Regional Administrator to monitor
the catch of the groundfish species that
have trip limits associated with them
(and target TACs), and adjust these trip
limits upwards if it can be projected that
less than 90 percent of the target TAC
for this species will be caught (see item
Section 21 above). This proposed
measure would expand the Regional
Administrator’s authority to increase
trip limits for five stocks (the current
regulations already provide authority for
the Regional Administrator to modify
the haddock trip limit). The stocks with
target TACs and trip limits that would
be affected by this proposed measure are
GOM cod, GB cod, white hake, GB
winter flounder, CC/GOM yellowtail
flounder, and SNE/MA yellowtail
flounder.
Administratively, this measure would
be problematic to implement. Data on
the catch amount and location of
affected stocks are not available on a
real-time basis and, depending upon the
size of the TAC and the rate of harvest,
there may not be timely enough
information to make an accurate
projection. To monitor these stocks,
NMFS would need to rely on VTR data
and dealer data to make projections and,
although such data provide some useful
information, sufficient information on
both catch amount and catch location
would not be available on a real-time
basis. If NMFS increased trip limits
based upon data that underestimated
the amount of catch, there would be the
risk that the catch could exceed the
target TAC. The proposed measure does
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not include a corresponding mechanism
for the Regional Administrator to
decrease trip limits, therefore allowing
no mechanism to lower trip limits based
on revised or corrected information. In
addition, the composition of target
TACs for three of the affected stocks
also include discard data or recreational
data, which also would not be available
on a real-time basis. In order to
implement a trip limit adjustment for
stocks with target TACs, additional
reporting requirements and Regional
Administrator authority would be
necessary.
Classification
At this time, NMFS has not made a
final determination that the measures
this proposed rule would implement are
consistent with the national standards
of the Magnuson-Stevens Act and other
applicable laws. NMFS, in making the
final determination, will take into
account the data, views, and comments
received during the comment period.
This proposed rule has been
determined to be significant for the
purposes of Executive Order (E.O.)
12866.
This proposed rule does not contain
policies with Federalism or ‘‘takings’’
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
An IRFA was prepared as required,
which has been adopted by NMFS for
this action, as required by section 603
of the Regulatory Flexibility Act (RFA).
Below is a summary of the IRFA, which
describes the economic impact this
proposed rule, if adopted, would have
on small entities. A description of the
action, why it is being considered, and
the legal basis for this action are
contained in the preamble to this
proposed rule and in the Executive
Summary and section 3.0 of the EA
prepared for this action. The Proposed
Alternative would implement a fisherywide modification to the DAS
allocations (reduction in Category A
DAS), differential DAS in two areas,
recreational measures, and commercial
trip limits as the principal means of
reducing fishing effort in the NE
multispecies fishery. In addition to the
measures designed to reduce fishing
mortality, FW 42 proposes modification
and/or renewal of three Special
Management Programs (Regular B DAS
Program, Eastern U.S./Canada Haddock
SAP, and CA I Hook Gear Haddock
SAP), renewal of the DAS Leasing
Program, approval of the GB Cod Fixed
Gear Sector, and other relatively minor
adjustments to the FMP.
In addition to the Proposed
Alternative, the No Action Alternative
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and six other alternatives were analyzed
and considered. The No Action
Alternative would result in the
continuation of the management
measures implemented by Amendment
13, and subsequent framework actions
(FW 40–A, FW 40–B, and FW 41). More
specifically, the No Action Alternative
would continue most of the
management measures that have been in
place since May 2004 (as modified by
frameworks), but would include
changes to the regulatory regime as a
result of default measures previously
scheduled to be implemented in fishing
year 2006, as well as Special
Management Programs previously
scheduled to expire. The default
measures that would be implemented
under the No Action Alternative would
include a change to the DAS allocations,
which results in an 8–percent reduction
in Category A DAS (the same
modification to the DAS allocations as
the Proposed Alternative), and counting
DAS in the SNE RMA at the rate of
1.5:1. The programs that would expire
under the No Action Alternative include
the DAS Leasing Program, the Regular B
DAS Pilot Program, and the Eastern
U.S./Canada Haddock SAP Pilot
Program.
The other six alternatives are similar
to each other and the Proposed
Alternative with respect to the inclusion
of commercial trip limits, recreational
measures, renewal of the Special
Management Programs and DAS Leasing
Program, and approval of the Fixed Gear
Sector. The substantive difference
between the six alternatives, and the
principal reason that the impacts of the
alternatives are different, is that the
reliance on different DAS strategies to
control fishing effort. The alternatives
are limited by the need to meet the
conservation objectives of the FMP.
Alternatives 1 and 2 utilize Category A
DAS reductions and differential
counting of DAS in areas of the GOM
and SNE. The difference between the
two alternatives is the size of the
differential DAS area and the size of the
Category A DAS reduction (22 percent
and 23 percent, respectively).
Alternatives 3 and 4 utilize Category A
DAS reductions and revised DAS
counting systems in the GOM.
Alternative 3 would count DAS as a
minimum of 12 hr and reduce Category
A DAS by 38 percent, and Alternative
4 would count DAS as a minimum of 24
hr and reduce Category A DAS by 25
percent. Alternative 5 would rely on a
40–percent reduction in Category A
DAS, and Alternative E utilizes the
default DAS reduction (8 percent) with
differential DAS counting in SNE and
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counting of DAS as a minimum of 24 hr
(in all areas).
Description of and Estimate of the
Number of Small Entities to Which the
Proposed Rule Would Apply
Any vessel that possesses a NE
multispecies permit would be required
to comply with the proposed regulatory
action. However, for the purposes of
determination of impact, only vessels
that actually participated in an activity
during fishing year 2004 that would be
affected by the proposed action were
considered for analysis. Vessels that
were inactive were not considered
because it is not likely that the
participation level will increase in the
future under the proposed regulatory
regime. During fishing year 2004, 1,002
permit holders had an allocation of
Category A DAS. Limited access permit
holders may participate in both
commercial and party/charter activity
without having a party/charter permit.
In fishing year 2004, 705 entities
participated in the commercial
groundfish fishery, and 6 participated in
the party/charter fishery for GOM cod.
Four of these entities participated in
both commercial and party/charter
activities, leaving a total of 707 unique
vessels with an allocation of Category A
DAS that may be affected by the
proposed action. Based on fishing year
2004 data, the proposed action would
have a potential impact on a total of
3,216 limited or open access groundfish
permit holders, of which less than onethird (976) actually participated in
either a commercial or party/charter
activity that would be affected by the
proposed action. Of these, 858
commercial fishing vessels would be
affected by this proposed action,
including 132 limited access monkfish
Category C or D vessels that fished in
the Regular B DAS Pilot Program during
fishing years 2004–2005.
The SBA size standard for small
commercial fishing entities is $4 million
in gross sales, and the size standard for
small party/charter operators is $6.5
million. Available data for fishing year
2004 gross sales show that the
maximum gross sales for any single
commercial fishing vessel was $1.8
million, and the maximum gross sales
for any affected party/charter vessel was
$1.0 million. While an entity may own
multiple vessels, available data make it
difficult to determine which vessels
may be controlled by a single entity. For
this reason, each vessel is treated as a
single entity for purposes of size
determination and impact assessment.
This means that all commercial and
party/charter fishing entities would fall
under the SBA size standard for small
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entities and, therefore, there is no
differential impact between large and
small entities.
Economic Impacts of the Proposed
Action
The proposed action would continue
the default DAS allocations that took
effect on May 1, 2006; specify target
TACs and Incidental Catch TACs for the
2006, 2007, and 2008 fishing years;
implement a VMS requirement for
groundfish DAS vessels; implement
differential DAS counting in specific
areas of the GOM and SNE; modify the
recreational possession restrictions and
size limits for GOM cod; modify current
and implement new commercial trip
limits for several species; renew and
modify the Regular B DAS Program,
including the rules pertaining to
monkfish vessels; renew and modify the
Eastern U.S./Canada Haddock SAP;
renew the DAS Leasing Program; modify
the CA I Hook Gear Haddock SAP;
authorize the GB Cod Fixed Gear Sector;
provide flexibility for vessels to fish
inside and outside of the Eastern U.S./
Canada Area on the same trip; modify
reporting requirements for Special
Management Programs; modify the DAS
Transfer Program; modify the cod trip
limit for the Eastern U.S./Canada Area;
implement gear performance incentives
for the haddock separator trawl; modify
the trawl codend mesh size requirement
in the SNE RMA; and modify the
Regional Administrator’s authority to
adjust certain possession limits.
The economic impacts of the
proposed DAS allocations, differential
DAS counting, and trip limits were
analyzed using the Closed Area Model
(CAM). Separate analyses were
conducted for the impacts of the
recreational measures, continuation of
the DAS Leasing Program, renewal and
modification of the Regular B DAS
Program, and renewal and modification
of the Eastern U.S./Canada Haddock
SAP.
The results of the CAM and economic
analysis indicate that the proposed
action would result in a reduction of
approximately $21 million, or 10
percent of total fishing revenue. With
respect specifically to groundfish
revenue, the losses would be $15
million, or 19 percent of total
groundfish revenue. The clearest
measure of the distribution of impacts
may be a given vessel’s dependence on
groundfish for total fishing income. Due
primarily to a significant difference
among vessels in terms of the
importance of groundfish in total fishing
revenue, the proposed action would
have different impacts across vessels of
varying sizes, gear types, and in
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different ports or states. The median
impact on vessels that rely on
groundfish for less than 20 percent of
sales would be a 4–percent reduction in
sales. By contrast, the median impact on
vessels that depend on groundfish trip
income for 80–percent of total sales was
estimated to be a 26–percent reduction
in fishing revenue. The greatest impact
on total fishing revenue would be for
vessels with home ports in New
Hampshire and Massachusetts. Adverse
impact on vessels with a Maine home
port would be less, but still substantial.
The median reduction in revenue would
be greatest for vessels less than 50 ft
(15.2 m) in length overall, less for
vessels between 50 and 70 feet (15.2 21.3 m), and even less for vessels greater
than 70 feet (15.2 m) in length. The
proposed action would have a similar
impact on gillnet and trawl vessels, and
less impact on hook vessels. Although
the analysis indicated that the ‘‘Other
New Hampshire port group’’ (the ports
of Rye, Seabrook, Hampton, Hampton
Beach, Hampton Falls and Newington)
would experience the highest estimated
reduction in groundfish sales, the
impact on the port as a whole would be
a 3.4–percent reduction (compared to
2004 sales) because the port group had
low dependence on groundfish for total
sales. Impacts on the fleet of vessels
operating in the inshore GOM would be
expected to be higher than those for
vessels that fish elsewhere in the GOM,
on GB, or in SNE.
This proposed action would
implement a seasonal prohibition on
retention of cod from November through
March and would increase the
minimum size from 22 to 24 inches
(55.9 to 61 cm) for party/charter and
private recreational vessels. A total of
143 different party/charter vessels took
at least one trip in the GOM and landed
cod. The proposed action would reduce
the economic value of recreational
fishing trips and reduce demand for
party/charter trips if cod is a preferred
target species, despite that fishing for
alternative groundfish species
(primarily haddock) would still be
allowed. The economic impact of the
seasonal prohibition would have no
impact on most party/charter operators
since only 25 of the 143 affected vessels
actually took any trips during the
proposed season. Of these 25 affected
vessels, only 2 took passengers for hire
exclusively during the duration of the
proposed seasonal prohibition. The
proposed action is likely to have a larger
adverse impact on private boat anglers,
because a much larger percentage of
private boat trips take place during the
proposed seasonal cod prohibition in
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the GOM. However, a quantitative
estimate of the reduced economic value
to recreational anglers is not possible
due to a lack of appropriate data. An
upper bound estimate of the loss to
charter/party businesses due to a loss of
passenger sales would be $154,000,
assuming a complete loss of passenger
demand for the duration of the closed
season for cod.
Under the Proposed Alternative,
limited access groundfish DAS vessels
would be required to purchase, install,
and operate a VMS in order to fish
under a DAS. Depending upon the
vendor selected by an individual vessel
owner, the cost to purchase a VMS unit
would range approximately from $
1,600 to $ 3,000. The unit that sells for
about $ 1,600 requires a personal
computer (PC), also, and, therefore, if
the vessel operator needs to purchase a
PC, the cost would be greater than $
1,600. The installation costs are
approximately $150 - 200 per unit, and
the monthly service charges may be
between $25 and $100 per vessel,
depending upon the unit type. Some
vessels may also need to make minor
modifications to their vessel’s electrical
system components.
The proposed action includes renewal
of several special programs designed to
provide fishing opportunity and options
to mitigate the negative impacts of the
extensive current and proposed fishing
effort restrictions. The utility and value
of these programs in such mitigation has
been demonstrated, but because
participation in these programs is
voluntary, it is difficult to estimate the
impact on any given small entity
participating in these programs. Based
upon the location of the programs and
the location of trips taken in the Regular
B DAS Pilot Program, opportunities for
mitigation of impacts through these
programs may be better for vessels that
can fish on GB.
The proposed action would renew
and modified the Regular B DAS
Program. This program differs from that
originally implemented by FW 40–A in
that the proposed program would
reduce the number of available Regular
B DAS in this program between May
and July to 500, require participating
vessels to use a haddock separator trawl,
and implement incidental catch TACs
and restrictive possession limits for GB
winter flounder and GB yellowtail
flounder. Analysis of the impacts of the
modified Regular B DAS Program in the
U.S./Canada Management Area suggests
that the proposed action changes may
diminish the extent to which the
program will improve economic
opportunities for commercial fishing
vessels compared to the Regular B DAS
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Pilot Program implemented under FW
40–A. The requirement to use the
separator trawl or gear that meets
specified standards means that, in order
to participate, vessels would be required
to bear the added cost of acquiring new
gear, or incurring the expense of
modifying existing gear. Vessels
operating at the brink of break-even may
not be able to afford this added expense.
However, the implementation of
Incidental Catch TACs for GB winter
flounder and GB yellowtail flounder is
expected to have the greatest economic
impact to participating vessels. First,
revenue from the sale of these two
species will be dramatically reduced, as
the Incidental Catch TAC would be set
at levels that would be nearly 10 times
lower than observed landings during
fishing year 2004. Second, available
data indicate that catch rates of GB
winter flounder may be sufficient to
result in closure of the area to Regular
B DAS well before the quarterly
allocation of Regular B DAS has been
used. Unless the separator trawl also
reduces catches of winter and yellowtail
flounders in addition to cod (which it
may), the estimated revenues from the
Regular B DAS Program in fishing year
2006 (about $3 million) may be as much
as two-thirds less than what was
observed under the Regular B DAS Pilot
Program during fishing years 2004 and
2005.
This proposed action would delay the
start date of the Eastern U.S./Canada
Haddock SAP to August 1, 2006. Based
on catch rates observed between May
through July 2005, this delay could
result in the loss of $1.25 million based
on revenue generated from the sale of
landed catch during this period.
However, this loss is expected to be
offset by the potential for this delayed
start date to prolong availability of the
GB cod and GB yellowtail flounder
TACs specified for the Eastern U.S./
Canada Area and this program.
Furthermore, vessels may obtain higher
prices for these species throughout the
year than they would if they were
allowed to land larger amounts early in
the fishing year, due to the greater
availability of fish during the summer.
During fishing year 2004, catch rates of
cod in the Eastern U.S./Canada Area
Haddock SAP during May and June
were sufficient to close the SAP well
before the allowable TAC for haddock
could be harvested. Secondly, delaying
the start date for the Eastern U.S./
Canada Area Haddock SAP is expected
to reduce the amount of cod taken in the
SAP, and would allow for more trips to
be taken to the SAP, resulting in an
increase in the amount of harvested
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haddock. Therefore, this measure would
likely provide greater economic
opportunity to small commercial fishing
entities than if the regulation were left
unchanged.
The renewal of the DAS Leasing
Program through this proposed action
would continue to offer economic
benefits that help offset the impacts of
the effort reductions of Amendment 13
and those proposed by this action. The
DAS Leasing Program provided
regulatory relief that allowed lessee
vessels, on average, to fish enough DAS
to cover their overhead and crew
expenses. Assuming that the DAS
Leasing Program would operate in a
similar manner as previous years, the
benefits of this program would likely
accrue primarily to lessee vessels in
Maine and Massachusetts. It is possible,
however, that the differential DAS
counting in the inshore GOM may
negatively affect the ability of vessels
that fish in the area to compete
effectively in the DAS leasing market.
By allowing vessels to fish inside and
outside of the Eastern U.S./Canada Area
on the same trip, the proposed action
would allow fishermen more flexibility
to adapt to changing weather conditions
and allow an additional fishing strategy,
if fishing in the Eastern U.S./Canada
Area is worse than anticipated. In these
cases, vessel operators may find it to
their advantage to leave the Eastern
U.S./Canada Area and fish elsewhere. In
doing so, vessels would be able to
maximize the economic returns of trips
into the Eastern U.S./Canada Area.
However, it is impossible to predict the
behavior of vessels electing to fish
inside and outside of the Eastern U.S./
Canada Area on the same trip. As a
result, quantitative estimates of
economic impact of this measure are not
possible. It is expected that the
economic impacts of this measure
would be positive.
Economic Impacts of Alternatives to the
Proposed Action
The No Action Alternative would
reduce the Category A DAS by 8 percent
and would implement differential DAS
counting in the SNE/MA RMA at a rate
of 1.5:1. At the median, the No Action
Alternative would result in a 4–6–
percent reduction in fishing income.
The No Action Alternative would result
in an estimated reduction of 7.0–percent
in total groundfish revenue (resulting in
an estimate of $ 73 million in the landed
value of groundfish for 2006). The
reduction in value in groundfish trips
represents about 0.7 percent of the total
species landed in the Northeast Region.
The impacts were similar for vessels
from Maine, New Hampshire, and
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Massachusetts-- a 2–9–percent
reduction in fishing income. Vessels
from home ports likely to be affected by
the differential DAS counting were
estimated to have total revenues
reduced by as much as 18 percent.
Overall adverse impacts would be
largest for Connecticut vessels. The
change in total fishing revenue would
be similar for gillnet and trawl vessels,
and lower for hook vessels. There would
be no substantial differences among
vessels based on their size. Across ports,
the estimated reduction in groundfish
trip revenue was highest in ports that
are likely to be most affected by the
differential DAS counting in the SNE
RMA (Rhode Island, Connecticut,
Eastern Long Island, New York, and
New Jersey). Estimated impacts in these
ports ranged from a 7- to 10–percent
reduction in groundfish trip revenues.
However, groundfish revenue in these
ports represents only a small fraction
(about 1 percent) of the total value of
seafood product sales. Because the
groundfish revenue in the ports of
Boston, MA; Gloucester, MA;
Portsmouth, NH; and Portland, ME;
represents a larger portion of their
revenue, the total impact on these ports
would be greater.
Alternative 1 proposes Category A
DAS reductions (22–percent) and
differential counting of DAS in areas of
the GOM and SNE as the primary effort
reduction tools. The alternative would
result in estimated losses of 24 percent
of groundfish revenue and a reduction
of 13 percent in total fishing income
($26 million). Boston and Portsmouth
would experience the largest percent
reductions in total port revenue (16–
percent). The median reduction in
fishing revenue for New Hampshire
vessels would be 24 percent. There was
not a consistent pattern with respect to
the impacts on vessels of difference size
classes. Alternative 1 would have
similar impacts on vessels using gillnet
gear and trawl gear, although impacts on
trawl vessels would generally be higher.
Median impacts for gillnet and hook
gear would be the same (a 12–percent
reduction in total fishing revenue).
Vessels that fish predominantly in the
inshore GOM and that are subject to
differential DAS counting would have a
larger loss in revenue than vessels that
fish in other areas. The median loss in
total fishing revenues for these vessels
is estimated to be 27 percent, compared
to 13 percent for vessels that fish less
than 75 percent of their time in this
area.
Alternative 2, in a manner similar to
Alternative 1, proposes Category A DAS
reductions (23–percent) and differential
counting of DAS in areas of the GOM
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and SNE as the primary effort reduction
tools, but both the differential DAS
areas would be larger than under
alternative 1. Alternative 2 would result
in estimated losses of $21 million in
groundfish revenue (approximately 26
percent of groundfish revenue) and a
reduction in total revenue of 14 percent.
The ports of Portsmouth, Boston, and
Gloucester would experience the
greatest percent declines in total port
revenue (19 percent, 16 percent, and 13
percent, respectively). There was not
consistent pattern with respect to the
impacts on vessels of difference size
classes. Alternative 2 would have
consistently larger impacts on vessels
using trawl gear, and median impacts
would be the same for both gillnet gear
and hook gear. Vessels that depend on
groundfish for at least 54–percent of
their revenue would experience an
estimated 21–percent reduction in total
fishing revenue (median reduction). For
vessels that fish predominantly in the
inshore GOM and that are subject to
differential DAS counting, the median
reduction in total fishing revenues
would be 28–percent.
Alternative 3 proposes Category A
DAS reductions (38 percent) and
counting DAS as a minimum of 12 hr (in
the GOM) as the primary effort
reduction tools. Alternative 3 would
result in estimated losses of $ 27 million
in groundfish revenue (approximately
34 percent of groundfish revenue) and a
reduction in total revenue of 18 percent.
The ports of Boston, Portsmouth, and
Portland would experience the greatest
percent declines in total port revenue
(24 percent, 22 percent, and 18 percent,
respectively). Adverse impacts by vessel
length were consistently greater for
vessels above 70 ft (21.3 m) and lowest
on vessels less than 50 ft (15.2 m) length
overall. Alternative 3 would have
consistently larger impacts on vessels
using trawl gear, and median impacts on
gillnet vessels would exceed that of
hook gear vessels. Vessels that depend
on groundfish for at least 54–percent of
their revenue would experience an
estimated 30–percent reduction in total
fishing revenue (median reduction). For
vessels that fish predominantly in the
inshore GOM, the median reduction in
total fishing revenues would be 26–
percent.
Alternative 4 proposes Category A
DAS reductions (25 percent) and
counting DAS as a minimum of 24 hr (in
the GOM) as the primary effort
reduction tools. Alternative 4 would
result in estimated losses of $ 23 million
in groundfish revenue (approximately
29–percent of groundfish revenue) and
a reduction in total revenue of 15
percent. The ports of Portsmouth,
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Boston, and Gloucester would
experience the greatest percent declines
in total port revenue (23 percent, 18
percent, and 15 percent respectively).
Adverse impacts by vessel length were
generally the same. Alternative 4 would
generally have larger impacts on vessels
using trawl gear than on gillnet vessels,
and hook gear vessels would experience
the least impact. Vessels that depend on
groundfish for at least 54–percent of
their revenue would experience an
estimated 25–percent reduction in total
fishing revenue (median reduction). For
vessels that fish predominantly in the
inshore GOM, the median reduction in
total fishing revenues would be 35
percent.
Alternative 5 proposes Category A
DAS reductions (40 percent) as the
principal effort reduction tool.
Alternative 4 would result in estimated
losses of $ 28 million in groundfish
revenue (approximately 35 percent of
groundfish revenue) and a reduction in
total revenue of 18 percent. The ports of
Boston, Portsmouth, and Portland
would experience the greatest percent
declines in total port revenue (26
percent, 23 percent, and 19 percent,
respectively). Adverse impacts on
vessels greater than 70 ft (21.3 m) were
consistently greater than on smaller
vessels. Alternative 5 would have
consistently larger impacts on vessels
using trawl gear than on gillnet vessels,
and hook gear vessels would experience
the least impact. Vessels that depend on
groundfish for at least 54–percent of
their revenue would experience an
estimated 30–percent reduction in total
fishing revenue (median reduction). For
vessels that fish predominantly in the
inshore GOM, the median reduction in
total fishing revenues would be 24
percent.
Alternative E proposes the default
Category A DAS reductions (8 percent)
and counting DAS as a minimum of 24
hr (in all areas) as the primary effort
reduction tools. Alternative E would
result in estimated losses of $ 16 million
in groundfish revenue (approximately
20–percent of groundfish revenue) and
a reduction in total revenue of 10
percent. The ports of Chatham,
Portsmouth, and Boston, would
experience the greatest percent declines
in total port revenue (11–percent, 10
percent, and 10 percent, respectively).
Adverse impacts on vessels greater than
70 feet (21.3 m) were consistently
greater than for vessels in the size range
from 50–70 ft (15.2–21.3 m), but impacts
on small vessels less than 50 ft (15.2 m)
were estimated to be greatest (at the
median) would. Alternative E would
generally have larger impacts on vessels
using hook gear, and adverse impacts on
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gillnet vessels would be greater than on
trawl vessels. Vessels that depend on
groundfish for at least 54 percent of
their revenue would experience an
estimated 10–percent reduction in total
fishing revenue (median reduction). For
vessels that fish predominantly in the
inshore GOM, the median reduction in
total fishing revenues would be 28
percent.
The alternatives are limited by the
need to meet the conservation objectives
of the FMP, and the differential impacts
of all alternatives on ports and vessels
is due in part to the geographic
proximity to where the stocks of
concern are located.
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of the Proposed Rule
This proposed rule contains a
collection-of-information requirement
subject to the Paperwork Reduction Act
(PRA) that has been previously
approved by OMB under control
numbers 0648–0202, and 0648–0212.
Public reporting burdens for these
collections of information are estimated
as follows:
1. VMS purchase and installation,
OMB# 0648–0202, (1 hr/response);
2. VMS proof of installation, OMB#
0648–0202, (5 min/response);
3. Spawning block declaration, OMB#
0648–0202, (2 min/response);
4. Automated VMS polling of vessel
position, OMB# 0648–0202, (5 sec/
response);
5. Declaration of intent to participate
in the Regular B DAS Program or fish in
the U.S./Canada Management Areas,
associated SAPs, and CA I SAP, and
DAS to be used via VMS prior to each
trip into the Regular B DAS Program or
a particular SAP, OMB#0648–0202, (5
min/response);
6. Notice requirements for observer
deployment prior to every trip into the
Regular B DAS Program or the U.S./
Canada Management Areas associated
SAPs, and CA I SAP OMB#0648–0202,
(2 min/response);
7. Standardized catch reporting
requirements while participating in the
Regular B DAS Program or fishing in the
U.S./Canada Management Areas,
associated SAPs, and CA I SAP,
respectively, OMB# 0648–0212, (15
min/response);
8. Standardized reporting of Universal
Data I.D. while participating in the
Regular B DAS Program or fishing in the
U.S./Canada Management Areas,
associated SAPs, and CA I SAP,
OMB#0648–0212, (15 min/response);
9. Sector Manager daily reports for
Closed Area I SAP, OMB#0648–0212, (2
hr/ response);
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10. DAS ‘‘flip’’ notification via VMS
for the Regular B DAS Program, OMB#
0648–0202 (5 min/response);
11. DAS Leasing Program application,
OMB# 0648–0475 (10 min/response);
12. Declaration of intent to fish inside
and outside of the Eastern U.S./Canada
Area on the same trip, OMB# 0648–0202
(5 min/response);
13. Vessel baseline downgrade request
for the DAS Leasing Program,
OMB#0648–0202, (1 hr/response);
14. Annual declaration of
participation in the CA I Hook Gear
Haddock SAP, OMB control number
0648–0202 (2 min/response);
15. Declaration of area and gear via
VMS when fishing under a NE
multispecies DAS, OMB#0648–0202 (5
min/response); and
16. Declaration of entry into the GOM
Differential DAS Area for circumstances
beyond its control via VMS,
OMB#0648–0202 (5 min/response).
These estimates include the time
required for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information.
Send comments regarding this burden
estimate, or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to
DavidRostker@omb.eop.gov,or fax to
(202) 395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: July 18, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
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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 § 648.2, a new definition for
‘‘Jigging’’ is added and the definition for
‘‘Regulated species’’ is revised to read as
follows:
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§ 648.2
Definitions.
*
*
*
*
*
Jigging, with respect to the NE
multispecies fishery, means fishing for
groundfish with handgear, handline, or
rod and reel using a jig, which is a
weighted object attached to the bottom
of the line used to sink the line and/or
imitate a baitfish, which is moved
(‘‘jigged’’) with an up and down motion.
*
*
*
*
*
Regulated species, means the subset
of NE multispecies that includes
Atlantic cod, witch flounder, American
plaice, yellowtail flounder, haddock,
pollock, winter flounder, windowpane
flounder, redfish, and white hake, also
referred to as regulated NE multispecies.
*
*
*
*
*
3. In § 648.10, paragraphs (b)(1)(vii)
and (viii) are removed and reserved;
paragraphs (b)(1)(v), (b)(1)(vi), (b)(2) and
(3), the introductory text to paragraph
(c), and paragraphs (c)(5), (d), and (f) are
revised to read as follows:
§ 648.10 DAS and VMS notification
requirements.
*
*
*
*
*
(b) * * *
(1) * * *
(v) A vessel issued a limited access
monkfish, Occasional scallop, or
Combination permit, whose owner
elects to provide the notifications
required by this paragraph (b), unless
otherwise authorized or required by the
Regional Administrator under paragraph
(d) of this section;
(vi) A vessel issued a limited access
NE multispecies permit that fishes
under a NE multispecies Category A or
B DAS; and
*
*
*
*
*
(2) The owner of such a vessel
specified in paragraph (b)(1) of this
section, with the exception of a vessel
issued a limited access NE multispecies
permit, as specified in paragraph
(b)(1)(vi) of this section, must provide
documentation to the Regional
Administrator at the time of application
for a limited access permit that the
vessel has an operational VMS unit
installed on board that meets the
minimum performance criteria, unless
otherwise allowed under this paragraph
(b). If a vessel has already been issued
a limited access permit without the
owner providing such documentation,
the Regional Administrator shall allow
at least 30 days for the vessel to install
an operational VMS unit that meets the
criteria and for the owner to provide
documentation of such installation to
the Regional Administrator. The owner
of a vessel issued a limited access NE
multispecies permit that fishes or
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intends to fish under a Category A or B
DAS, as specified in paragraph (b)(1)(vi)
of this section, must provide
documentation to the Regional
Administrator that the vessel has an
operational VMS unit installed on board
that meets those criteria prior to fishing
under a groundfish DAS. NMFS shall
send letters to all limited access NE
multispecies DAS permit holders and
provide detailed information on the
procedures pertaining to VMS purchase,
installation, and use.
(i) A vessel that has crossed the VMS
Demarcation Line specified under
paragraph (a) of this section is deemed
to be fishing under the DAS program,
unless the vessel’s owner or authorized
representative declares the vessel out
(i.e., not fishing under the applicable
DAS program) of the scallop, NE
multispecies, or monkfish fishery, as
applicable, for a specific time period by
notifying the Regional Administrator
through the VMS prior to the vessel
leaving port, or unless the vessel’s
owner or authorized representative
declares the vessel will be fishing
exclusively in the Eastern U.S./Canada
Area, as described in § 648.85(a)(3)(ii),
under the provisions of that program.
(ii) Notification that the vessel is not
under the DAS program must be
received prior to the vessel leaving port.
A vessel may not change its status after
the vessel leaves port or before it returns
to port on any fishing trip.
(iii) DAS counting for a vessel that is
under the VMS notification
requirements of this paragraph (b), with
the exception of vessels that have
elected to fish exclusively in the Eastern
U.S./Canada Area on a particular trip, as
described in this paragraph (b), begins
with the first location signal received
showing that the vessel crossed the
VMS Demarcation Line after leaving
port. DAS counting ends with the first
location signal received showing that
the vessel crossed the VMS Demarcation
Line upon its return to port. For those
vessels that have elected to fish
exclusively in the Eastern U.S./Canada
Area pursuant to § 648.85(a)(3)(ii), the
requirements of this paragraph (b) begin
with the first 30-minute location signal
received showing that the vessel crossed
into the Eastern U.S./Canada Area and
end with the first location signal
received showing that the vessel crossed
out of the Eastern U.S./Canada Area
upon beginning its return trip to port,
unless the vessel elects to also fish
outside the Eastern U.S./Canada Area on
the same trip, in accordance with
§ 648.85 (a)(3)(ii)(A).
(iv) The Regional Administrator may
authorize or require the use of the callin system instead of using the use of
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VMS, as described under paragraph (d)
of this section. Furthermore, the
Regional Administrator may authorize
or require the use of letters of
authorization as an alternative means of
enforcing possession limits, if VMS
cannot be used for such purposes.
(3)(i) A vessel issued a limited access
monkfish, occasional scallop, or
Combination permit must use the callin system specified in paragraph (c) of
this section, unless the owner of such
vessel has elected to provide the
notifications required by this paragraph
(b), through VMS as specified under
paragraph (b)(3)(iii) of this section.
(ii) [Reserved]
(iii) A vessel issued a limited access
monkfish or Occasional scallop permit
may be authorized by the Regional
Administrator to provide the
notifications required by this paragraph
(b) using the VMS specified in this
paragraph (b). For the vessel to become
authorized, the vessel owner must
provide documentation to the Regional
Administrator at the time of application
for a limited access permit that the
vessel has installed on board an
operational VMS as provided under
§ 648.9(a). A vessel that is authorized to
use the VMS in lieu of the call-in
requirement for DAS notification shall
be subject to the requirements and
presumptions described under
paragraphs (b)(2)(i) through (v) of this
section. Vessels electing to use the VMS
do not need to call in DAS as specified
in paragraph (c) of this section. A vessel
that calls in is exempt from the
prohibition specified in § 648.14(c)(2).
*
*
*
*
*
(c) Call-in notification. The owner of
a vessel issued limited access monkfish
or red crab permit-holders who is
participating in a DAS program and who
is not required to provide notification
using a VMS, and a scallop vessel
qualifying for a DAS allocation under
the Occasional category and who has
not elected to fish under the VMS
notification requirements of paragraph
(b) of this section, and any vessel that
may be required by the Regional
Administrator to use the call-in program
under paragraph (d) of this section, are
subject to the following requirements:
*
*
*
*
*
(5) Any vessel that possesses or lands
per trip more than 400 lb (181 kg) of
scallops; any vessel issued a limited
access NE multispecies permit subject to
the NE multispecies DAS program
requirements that possesses or lands
regulated NE multispecies, except as
provided in §§ 648.10(b)(2)(iii), 648.17,
and 648.89, any vessel issued a limited
access monkfish permit subject to the
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Jkt 208001
monkfish DAS program and call-in
requirement that possess or lands
monkfish above the incidental catch trip
limits specified in § 648.94(c); and any
vessel issued a limited access red crab
permit subject to the red crab DAS
program and call-in requirement that
possesses or lands red crab above the
incidental catch trip limits specified in
§ 648.263(b)(1); shall be deemed to be in
its respective DAS program for purposes
of counting DAS, regardless of whether
the vessel’s owner or authorized
representative provides adequate
notification as required by paragraphs
(b) or (c) of this section.
*
*
*
*
*
(d) Temporary authorization for use
of the call-in system. The Regional
Administrator may authorize or require,
on a temporary basis, the use of the callin system of notification specified in
paragraph (c) of this section, instead of
the use of the VMS. If use of the callin system is authorized or required, the
Regional Administrator shall notify
affected permit holders through a letter,
notification in the Federal Register, email, or other appropriate means.
*
*
*
*
*
(f) Additional NE multispecies call-in
requirements—(1) Spawning season
call-in. With the exception of a vessel
issued a valid Small Vessel category
permit, or the Handgear A permit
category, vessels subject to the
spawning season restriction described
in § 648.82 must notify the Regional
Administrator of the commencement
date of their 20-day period out of the NE
multispecies fishery through the IVR
system (or through VMS, if deemed
feasible by the Regional Administrator)
and provide the following information:
Vessel name and permit number, owner
and caller name and phone number, and
the commencement date of the 20-day
period.
(2) Gillnet call-in. A vessel subject to
the gillnet restriction described in
§ 648.82 must notify the Regional
Administrator of the commencement of
its time out of the NE multispecies
gillnet fishery using the procedure
described in paragraph (f)(1) of this
section.
4. In § 648.14, paragraphs (a)(130),
(145), (146), (148), (151), (152), and
(156); the introductory text of paragraph
(c); and paragraphs (c)(7), (23), (25),
(33), (49) through (53), (55) through (65)
and (78) are revised; paragraphs (c)(48),
(c)(54), and (c)(79) are removed and
reserved; and paragraphs (a)(173)
through (177), (c)(81) through (89), and
paragraphs (g)(4) and (5) are added to
read as follows:
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§ 648.14
Prohibitions.
(a) * * *
(130) If declared into one of the areas
specified in § 648.85(a)(1), fish during
that same trip outside of the declared
area, unless in compliance with the
applicable restrictions specified under
§ 648.85(a)(3)(ii)(A) or (B).
*
*
*
*
*
(145) If fishing under a NE
multispecies DAS in the Eastern U.S./
Canada Haddock SAP, exceed the
possession limits specified in
§ 648.85(b)(8)(v)(F).
(146) If fishing under the Eastern
U.S./Canada Haddock SAP, fish for,
harvest, possess or land any regulated
NE multispecies from the area specified
in § 648.85(b)(8)(ii), unless in
compliance with the restrictions and
conditions specified in
§ 648.85(b)(8)(v)(A) through (I).
*
*
*
*
*
(148) If fishing under a NE
multispecies DAS in the Eastern U.S./
Canada Haddock SAP specified in
§ 648.85(b)(8), in the area specified in
§ 648.85(b)(8)(ii), and during the season
specified in § 648.85(b)(8)(iv), fail to
comply with the restrictions specified in
§ 648.85(b)(8)(v).
*
*
*
*
*
(151) If fishing in the Eastern U.S./
Canada Haddock SAP specified in
§ 648.85(b)(8), fail to comply with the
reporting requirements specified in
§ 648.85(b)(8)(v)(G).
(152) If fishing under the Eastern
U.S./Canada Haddock SAP specified in
§ 648.85(b)(8), fail to comply with the
observer notification requirements
specified in § 648.85(b)(8)(v)(C).
*
*
*
*
*
(156) If fishing under an approved
Sector, as authorized under § 648.87,
fish in the NE multispecies DAS
program in a given fishing year or, if
fishing under a NE multispecies DAS,
fish in an approved Sector in a given
fishing year, unless otherwise provided
under § 648.87(b)(1)(xii).
*
*
*
*
*
(173) Fail to notify NMFS via VMS
prior to departing the Eastern U.S./
Canada Area, when fishing inside and
outside of the area on the same trip, in
accordance with § 648.85(a)(3)(ii)(A)(1).
(174) When fishing inside and outside
of the Eastern U.S./Canada Area on the
same trip, fail to abide by the most
restrictive regulations that apply as
described in § 648.85(a)(3)(ii)(A).
(175) If fishing inside the Eastern
U.S./Canada Area and in possession of
fish in excess of what is allowed under
more restrictive regulations that apply
outside of the Eastern U.S./Canada Area,
fish outside of the Eastern U.S./Canada
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Area on the same trip, as prohibited
under § 648.85(a)(3)(ii)(A).
(176) If fishing under the GB Fixed
Gear Sector specified under
§ 648.87(d)(2), fish with gear other than
jigs, non-automated demersal longline,
handgear, or sink gillnets.
(177) Fail to comply with the
reporting requirements under
§ 648.85(a)(3)(ii)(A)(2) when fishing
inside and outside of the Eastern U.S./
Canada Area on a trip.
*
*
*
*
*
(c) In addition to the general
prohibitions specified in § 600.725 of
this chapter and in paragraphs (a) and
(b) of this section, it is unlawful for any
owner or operator of a vessel issued a
valid limited access multispecies permit
or letter under § 648.4(a)(1)(i), unless
otherwise specified in § 648.17, to do
any of the following:
*
*
*
*
*
(7) Possess or land per trip more than
the possession or landing limits
specified under § 648.86(a), (e), (g), (h),
and (j), and under § 648.82(b)(5) or (6),
if the vessel has been issued a limited
access NE multispecies permit or open
access NE multispecies permit, as
applicable.
*
*
*
*
*
(23) Fail to declare through VMS, its
intent to be exempt from the GOM cod
trip limit under § 648.86(b)(1), as
required under § 648.86(b)(4), or fish
north of the exemption line if in
possession of more than the GOM cod
trip limit specified under § 648.86(b)(1).
*
*
*
*
*
(25) For vessels fishing in the NE
multispecies DAS program under the
provisions of § 648.10(c), the call-in
system, fail to remain in port for the
appropriate time specified in
§ 648.86(b)(1)(ii)(A), except for
transiting purposes, provided the vessel
complies with § 648.86(b)(3). For vessels
fishing in the NE multispecies DAS
program under the provisions of
§ 648.10(b), the VMS system, fail to
declare through VMS that insufficient
DAS have elapsed in order to account
for the amount of cod on board the
vessel as required under
§ 648.86(b)(1)(ii)(B).
*
*
*
*
*
(33) For vessels fishing in the NE
multispecies DAS program under the
provisions of § 648.10(c), the call-in
system, fail to remain in port for the
appropriate time specified in
§ 648.86(b)(2)(ii)(A), except for
transiting purposes, provided the vessel
complies with § 648.86(b)(3). For vessels
fishing in the NE multispecies DAS
program under the provisions of
§ 648.10(b), the VMS system, fail to
VerDate Aug<31>2005
18:03 Jul 25, 2006
Jkt 208001
declare through VMS that insufficient
DAS have elapsed in order to account
for the amount of cod on board the
vessel as required under
§ 648.86(b)(2)(ii)(B).
*
*
*
*
*
(48) [Reserved]
(49) Discard legal-sized NE regulated
multispecies, ocean pout, or Atlantic
halibut while fishing under a Special
Access Program, as described in
§ 648.85(b)(3)(xi), § 648.85(b)(7)(iv)(H)
or § 648.85(b)(8)(v)(I).
(50) Discard legal-sized NE regulated
multispecies, ocean pout, Atlantic
halibut, or monkfish while fishing
under a Regular B DAS in the Regular
B DAS Program, as described
in§ 648.85(b)(6)(iv)(E).
(51) If fishing under a Regular B DAS
in the Regular B DAS Program, fail to
comply with the DAS flip requirements
of § 648.85(b)(6)(iv)(E) if the vessel
harvests and brings on board more than
the landing limit for a groundfish stock
of concern specified in
§ 648.85(b)(6)(iv)(D), other groundfish
specified under § 648.86, or monkfish
under § 648.94.
(52) If fishing in the Regular B DAS
Program, fail to comply with the
restriction on DAS use specified
in§ 648.82(d)(2)(i)(A).
(53) If fishing in the Eastern U.S./
Canada Haddock SAP Area, and other
portions of the Eastern U.S./Canada
Haddock SAP Area on the same trip, fail
to comply with the restrictions
in§ 648.85(b)(8)(v)(A).
(54) [Reserved]
(55) If fishing in the Eastern U.S./
Canada Haddock SAP Area under a
Category B DAS, fail to comply with the
DAS flip requirements of
§ 648.85(b)(8)(v)(I), if the vessel
possesses more than the applicable
landing limit specified in
§ 648.85(b)(8)(v)(F) or under § 648.86 .
(56) If fishing in the Eastern U.S./
Canada Haddock SAP Area under a
Category B DAS, fail to have the
minimum number of Category A DAS
available as required under
§ 648.85(b)(8)(v)(J).
(57) If fishing in the Regular B DAS
Program specified in § 648.85(b)(6), fail
to comply with the requirements and
restrictions specified in
§ 648.85(b)(6)(iv)(A) through (F), (I), and
(J).
(58) If fishing in the Regular B DAS
Program specified in § 648.85(b)(6), fail
to comply with the VMS requirement
specified in § 648.85(b)(6)(iv)(A).
(59) If fishing in the Regular B DAS
Program specified in § 648.85(b)(6), fail
to comply with the observer notification
requirement specified in
§ 648.85(b)(6)(iv)(B).
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42543
(60) If fishing in the Regular B DAS
Program specified in § 648.85(b)(6), fail
to comply with the VMS declaration
requirement specified in
§ 648.85(b)(6)(iv)(C).
(61) If fishing in the Regular B DAS
Program specified in § 648.85(b)(6), fail
to comply with the landing limits
specified in § 648.85(b)(6)(iv)(D).
(62) If fishing in the Regular B DAS
Program specified in § 648.85(b)(6), fail
to comply with the no discard and DAS
flip requirements specified in
§ 648.85(b)(6)(iv)(E).
(63) If fishing in the Regular B DAS
Program specified in § 648.85(b)(6), fail
to comply with the minimum Category
A DAS and Category B DAS accrual
requirements specified in
§ 648.85(b)(6)(iv)(F).
(64) Use a Regular B DAS in the
Regular B DAS Program specified in
§ 648.85(b)(6), if the program has been
closed as specified in
§ 648.85(b)(6)(iv)(H) or (b)(6)(vi).
(65) If fishing in the Regular B DAS
Program specified in § 648.85(b)(6), use
a Regular B DAS after the program has
closed, as required under
§ 648.85(b)(6)(iv)(G) or (H).
*
*
*
*
*
(78) Fish in the Eastern U.S./Canada
Haddock SAP specified in
§ 648.85(b)(8), if the SAP is closed as
specified in § 648.85(b)(8)(v)(K) or (L).
(79) [Reserved]
*
*
*
*
*
(81) If fishing in the Regular B DAS
Program specified in § 648.85(b)(6), fail
to use a haddock separator trawl as
described under § 648.85(a)(3)(iii)(A).
(82) If fishing under a NE
multispecies Category A DAS in either
the GOM Differential DAS Area, or the
SNE Differential DAS Area defined
under § 648.82(e)(2)(i), fail to declare
into the area through VMS as required
under§ 648.82(e)(2)(ii).
(83) If fishing under a NE
multispecies Category A DAS in one of
the Differential DAS Areas defined in
§ 648.82(e)(2)(i), and under the
restrictions of one or more of the Special
Management Programs under § 648.85,
fail to comply with the most restrictive
regulations.
(84) Fail to comply with the GB
yellowtail flounder trip limit specified
under § 648.85(a)(3)(iv)(C).
(85) For vessels fishing inside and
outside the Eastern U.S./Canada Area on
the same trip, fail to comply with the
most restrictive regulations that apply
on the trip as required under
§ 648.85(a)(3)(ii)(A).
(86) For vessels fishing inside and
outside the Eastern U.S./Canada Area on
the same trip, fail to notify NMFS via
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VMS that it is electing to fish in this
manner, as required by
§ 648.85(a)(3)(ii)(A)(1).
(87) For vessels fishing with trawl
gear in the NE multispecies Regular B
DAS Program, fail to use a haddock
separator trawl as required under
§ 648.85(b)(6)(iv)(J).
(88) Possess or land more white hake
than allowed under§ 648.86(e).
(89) Possess or land more GB winter
flounder than allowed under § 648.86(j).
*
*
*
*
*
(g) * * *
(4) If the vessel is a private
recreational fishing vessel, fail to
comply with the seasonal GOM cod
possession prohibition described in
§ 648.89(c)(1)(v) or, if the vessel has
been issued a charter/party permit or is
fishing under charter/party regulations,
fail to comply with the prohibition on
fishing under § 648.89(c)(2)(v).
(5) If fishing under the recreational or
party/charter regulations, fish for or
possess cod caught in the GOM
Regulated Mesh Area during the
seasonal GOM cod possession
prohibition under § 648.89(c)(1)(v) or
(c)(2)(v) or, fail to abide by the
appropriate restrictions if transiting
with cod on board.
*
*
*
*
*
5. In § 648.80, paragraph (b)(2)(i) is
revised to read as follows:
§ 648.80 NE Multispecies regulated mesh
areas and restrictions on gear and methods
of fishing.
*
*
*
*
*
(b) * * *
(2) * * *
(i) Vessels using trawls. Except as
provided in paragraphs (b)(2)(i) and (vi)
of this section, and unless otherwise
restricted under paragraph (b)(2)(iii) of
this section, the minimum mesh size for
any trawl net, not stowed and not
available for immediate use in
accordance with§ 648.23(b), except
midwater trawl, on a vessel or used by
a vessel fishing under a DAS in the NE
multispecies DAS program in the SNE
Regulated Mesh Area is 6–inch (15.2–
cm) diamond mesh or 6.5–inch (16.5–
cm) square mesh, applied throughout
the body and extension of the net, or
any combination thereof, and 6.5–inch
(16.5–cm) square or diamond mesh
applied to the codend of the net, as
defined under paragraph (a)(3)(i) of this
section. This restriction does not apply
to nets or pieces of nets smaller than 3
ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81
sq m)), or to vessels that have not been
issued a NE multispecies permit and
that are fishing exclusively in state
waters.
*
*
*
*
*
6. In § 648.82, paragraph (c)(1)(iv) is
removed; paragraphs (d)(2)(i)(A), the
introductory text to paragraph (d)(4),
paragraphs (e), (j)(1)(iii), (k)(1), (k)(3),
(k)(4)(iv), (l) introductory text, and
(l)(1)(i) through (v) are revised; and
paragraphs (l)(1)(viii), and (l)(1)(ix) are
added to read as follows:
§ 648.82 Effort-control program for NE
multispecies limited access vessels.
*
*
*
*
*
(d) * * *
(2) * * *
(i) * * *
(A) Restrictions on use. Regular B
DAS can only be used by NE
multispecies vessels in an approved
SAP or in the Regular B DAS Program
as specified in § 648.85(b)(6). Unless
otherwise restricted under the Regular B
DAS Program as described in
§ 648.85(b)(6)(i), vessels may fish under
both a Regular B DAS and a Reserve B
DAS on the same trip (i.e., when fishing
in an approved SAP as described in
§ 648.85(b)). Vessels that are required by
the Monkfish Fishery Management Plan
to utilize a NE multispecies DAS, as
specified under § 648.92(b)(2), may not
elect to use a NE multispecies Category
B DAS to satisfy that requirement.
*
*
*
*
*
(4) Criteria and procedure for not
reducing DAS allocations. The schedule
of reductions in NE multispecies DAS
shall not occur if the Regional
Administrator:
*
*
*
*
*
(e) Accrual of DAS. (1) DAS shall
accrue to the nearest minute, and with
the exceptions described under this
paragraph (e) and paragraph (j)(1)(iii) of
this section, shall be counted as actual
time called, or logged into the DAS
program.
(2) Differential DAS. For a NE
multispecies DAS vessel that intends to
fish some or all of its trip, or fishes,
some or all of its trip other than for
transiting purposes, under a Category A
DAS in the GOM Differential DAS Area,
as defined in paragraph (e)(2)(i)(A) of
this section, or in the SNE Differential
DAS Area, as defined in paragraph
(e)(2)(i)(B) of this section, with the
exception of Day gillnet vessels, which
accrue DAS in accordance with
paragraph (j)(1)(iii) of this section, each
Category A DAS, or part thereof, shall be
counted at the differential DAS rate
described in paragraph (e)(2)(iii) of this
section, and be subject to the
restrictions defined in this paragraph
(e).
(i) GOM Differential DAS Areas. (A)
The GOM Differential DAS Area is
defined by straight lines connecting the
following points in the order stated:
GOM DIFFERENTIAL DAS AREA
Point
N. lat.
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GMD1
GMD2
GMD3
GMD4
GMD5
GMD6
GMD7
GMD8
GMD9
43
43
43
43
42
42
41
41
°
°
°
°
°
°
°
°
(B) SNE Differential DAS Area. The
SNE Differential DAS Area is defined by
straight lines connecting the following
points in the order stated:
VerDate Aug<31>2005
18:03 Jul 25, 2006
Jkt 208001
30’
30’
00’
00’
30’
30’
30’
30’
W. long.
Intersection with Maine Coastline.
69 ° 30’.
69 ° 30’.
69 ° 55’ eastern boundary, WGOM Closed Area.
69 ° 55’.
69 ° 30’.
69 ° 30’.
70 ° 00’.
North to intersection with Cape Cod, Massachusetts, coast and 70 ° 00’ W.
SNE DIFFERENTIAL DAS AREA
Point
SNED1
SNED2
SNED3
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N. lat.
W. long.
41 ° 05’
41 ° 05’
41 ° 00’
71 ° 45’
70 ° 00’
70 ° 00’
SNE DIFFERENTIAL DAS AREA—
Continued
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Point
SNED4
SNED5
E:\FR\FM\26JYP3.SGM
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N. lat.
W. long.
41 ° 00’
40 ° 50’
69 ° 30’
69 ° 30’
Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules
SNE DIFFERENTIAL DAS AREA—
Continued
Point
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SNED6
SNED7
SNED8
SNED9
SNED10
SNED11
SNED12
SNED13
SNED14
SNED15
SNED16
N. lat.
40
40
40
40
40
40
40
40
40
40
41
°
°
°
°
°
°
°
°
°
°
°
50’
40’
40’
30’
10’
00’
00’
15’
30’
55’
05’
W. long.
70
70
70
72
73
73
73
73
73
71
71
°
°
°
°
°
°
°
°
°
°
°
20’
20’
30’
30’
00’
15’
40’
40’
00’
45’
45’
(ii) Declaration. With the exception of
vessels fishing in the Eastern U.S./
Canada Area, as described
in§ 648.85(a)(3)(ii)(A), a NE
multispecies DAS vessel that intends to
fish, or fishes under a Category A DAS
in the GOM Differential DAS Area or the
SNE Differential DAS Area, as described
in paragraph (e)(2)(i) of this section,
must, prior to leaving the dock, declare
through the VMS, in accordance with
instructions to be provided by the
Regional Administrator, which specific
differential DAS area the vessel will fish
in on that trip. A DAS vessel that fishes
in the Eastern U.S./Canada Area and
intends to fish subsequently in the GOM
Differential DAS Area or the SNE
Differential DAS Area under Category A
DAS Area must declare its intention to
do so through its VMS prior to leaving
the Eastern U.S./Canada Area, as
specified in § 648.85(a)(3)(ii)(A)(3).
(iii) Differential DAS counting—(A)
Differential DAS counting when fishing
in the GOM Differential DAS Area. For
a NE multispecies vessel that intend to
fish, or fishes for some or all of its trip
other than for transiting purposes under
a Category A DAS in the GOM
Differential DAS Area, each Category A
DAS, or part thereof, shall be counted at
the ratio of 2 to1 for the entire trip, even
if only a portion of the trip is spent
fishing in the GOM Differential DAS
Area. A vessel that has not declared its
intent to fish in the GOM Differential
DAS Area and that is not transiting, as
specified in paragraph (e)(2)(v) of this
section, may be in the GOM Differential
DAS Area due to bad weather or other
circumstances beyond its control,
provided the vessel’s fishing gear is
stowed in accordance with the
provisions of § 648.23(b) and the vessel
declares immediately upon entering the
GOM Differential DAS Area, via VMS,
that it is neither fishing nor transiting.
A vessel that fishes in both the GOM
Differential Area and the SNE
Differential DAS Area on the same trip
will be charged DAS at the rate of 2 to
1 for the entire trip.
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18:03 Jul 25, 2006
Jkt 208001
(B) Differential DAS counting when
fishing in the SNE Differential DAS
Area. For a NE multispecies DAS vessel
that intends to fish or fishes some or all
of its trip other than for transiting
purposes under a Category A DAS in the
SNE Differential DAS Area, each
Category A DAS, or part thereof, shall be
counted at the ratio of 2 to 1 for the
duration of the time spent in the SNE
Differential DAS Area, as determined
from VMS positional data. A vessel that
fishes in both the GOM Differential Area
and the SNE Differential DAS Area on
the same trip will be charged DAS at the
rate of 2:1 for the entire trip. If the
Regional Administrator requires the use
of the DAS call-in, as described under
§ 648.10(b)(2)(iv), a vessel that fishes
any portion of its trip in the SNE
Differential DAS Area will be charged
DAS at the rate of 2 to1 for the entire
trip.
(iv) Restrictions. A NE multispecies
vessel fishing under a Category A DAS
in one of the Differential DAS Areas
defined in paragraph (e)(2)(i) of this
section, under the restrictions of
paragraph (e)(2) of this section and
under the restrictions of one or more of
the Special Management Programs
under § 648.85 is required to comply
with the most restrictive regulations, as
described in § 648.85 under the
pertinent Special Management Program.
(v) Transiting. A vessel may transit
the GOM Differential DAS Area and the
SNE Differential DAS Area, as defined
in paragraph (e)(2)(i) of this section,
provided the gear is stowed in
accordance with the provisions of
§ 648.23(b).
(3) Regular B DAS Program 24–hr
clock. For a vessel electing to fish in the
Regular B DAS Program, as specified at
§ 648.85(b)(6), and that remains fishing
under a Regular B DAS for the entire
fishing trip (without a DAS flip), DAS
used shall accrue at the rate of 1 full
DAS for each calendar day, or part of a
calendar day fished. For example, a
vessel that fished on one calendar day
from 6 a.m. to 10 p.m. would be charged
24 hr of Regular B DAS, not 16 hr; a
vessel that left on a trip at 11 p.m. on
the first calendar day and returned at 10
p.m. on the second calendar day would
be charged 48 hr of Regular B DAS
instead of 23 hr, because the fishing trip
would have spanned 2 calendar days.
For the purpose of calculating trip limits
specified under § 648.86, the amount of
DAS deducted from a vessel’s DAS
allocation shall determine the amount of
fish the vessel can legally land. For a
vessel electing to fish in the Regular B
DAS Program, as specified at
§ 648.85(b)(6), while also fishing in one
of the Differential DAS Areas, defined in
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42545
(e)(2)(i) of this section, Category B DAS
shall accrue at the rate described in this
paragraph (e)(3), unless the vessel flips
to a Category A DAS, in which case the
vessel is subject to the pertinent DAS
accrual restrictions of paragraph
(e)(2)(iii) of this section for the entire
trip.
*
*
*
*
*
(j) * * *
(1) * * *
(iii) Method of counting DAS. A Day
gillnet vessel fishing with gillnet gear
under a NE multispecies DAS shall
accrue DAS as follows:
(A) A Day gillnet vessel fishing with
gillnet gear that has elected to fish in the
Regular B DAS Program, as specified in
§ 648.85(b)(6), under a Category B DAS,
is subject to the DAS accrual provisions
of paragraph (e)(3) of this section.
(B) A Day gillnet vessel fishing with
gillnet gear under a NE multispecies
Category A DAS, when not subject to
differential DAS counting as specified
under paragraph (e)(2) of this section,
shall accrue 15 hr of DAS for each trip
of more than 3 hr, but less than or equal
to 15 hr. Such vessel shall accrue actual
DAS time at sea for trips less than or
equal to 3 hr, or more than 15 hr.
(C) A Day gillnet vessel fishing with
gillnet gear under a NE multispecies
Category A DAS that is fishing in the
GOM Differential DAS Area and,
therefore, subject to differential DAS
counting as specified under paragraph
(e)(2)(iii)(A) of this section, shall accrue
DAS at a differential DAS rate of 2 to 1
for the actual hours used for any trip of
0–3 hr in duration, and for any trip of
greater than 7.5 hr. For such vessels
fishing from 3 to 7.5 hr duration, vessels
will be charged a full 15 hr. For
example, a Day gillnet vessel fishing in
the GOM Differential Area for 8 hr
would be charged 16 hours of DAS, or
if fishing for 5 hr would be charged 15
hr of DAS.
(D) A Day gillnet vessel fishing with
gillnet gear under a NE multispecies
Category A DAS that is fishing in the
SNE Differential DAS Area and,
therefore, subject to differential DAS
counting as specified under paragraph
(e)(2)(iii)(B) of this section, shall accrue
DAS at a differential DAS rate of 2 to 1
for the actual hours that are in the SNE
Differential DAS Area that are from 0–
3 hr in duration and greater than 7.5 hr.
For hours in the SNE Differential DAS
Area that are over 3 and less than or
equal to 7.5 hr duration, a vessel shall
be charged a full 15 hr. For a Day gillnet
vessel that fishes both inside and
outside of the SNE Differential DAS
Area on the same trip, time fished
outside the area shall accrue on the
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basis of actual time, unless otherwise
specified in this paragraph (j)(1)(iii). A
Day gillnet vessel fishing inside and
outside of the SNE Differential DAS
Area on the same trip, shall not accrue
less DAS for the entire trip than would
a Day gillnet vessel fishing the same
amount of time outside of the SNE
Differential DAS Area for the entire trip
(accruing DAS as specified under
paragraph (j)(1)(iii)(B) of this section).
*
*
*
*
*
(k) * * *
(1) Program description. Eligible
vessels, as specified in paragraph (k)(2)
of this section, may lease Category A
DAS to and from other eligible vessels,
in accordance with the restrictions and
conditions of this section. The Regional
Administrator has final approval
authority for all NE multispecies DAS
leasing requests.
*
*
*
*
*
(3) Application to lease NE
multispecies DAS. To lease Category A
DAS, the eligible Lessor and Lessee
vessel must submit a completed
application form obtained from the
Regional Administrator. The application
must be signed by both Lessor and
Lessee and be submitted to the Regional
Office at least 45 days before the date on
which the applicants desire to have the
leased DAS effective. The Regional
Administrator will notify the applicants
of any deficiency in the application
pursuant to this section. Applications
may be submitted at any time prior to
the start of the fishing year or
throughout the fishing year in question,
up until the close of business on March
1. Eligible vessel owners may submit
any number of lease applications
throughout the application period, but
any DAS may only be leased once
during a fishing year.
(4) * * *
(iv) Maximum number of DAS that
can be leased. A Lessee may lease
Category A DAS in an amount up to
such vessel’s 2001 fishing year
allocation (excluding carry-over DAS
from the previous year, or additional
DAS associated with obtaining a Large
Mesh permit). For example, if a vessel
was allocated 88 DAS in the 2001
fishing year, that vessel may lease up to
88 Category A DAS. The total number of
Category A DAS that the vessel could
fish would be the sum of the 88 leased
DAS and the vessel’s current allocation
of Category A DAS.
*
*
*
*
*
(l) DAS Transfer Program. Except for
vessels fishing under a sector allocation
as specified in § 648.87, or a vessel that
acted as a lessee or lessor in the DAS
Leasing Program transaction, a vessel
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issued a valid limited access NE
multispecies permit may transfer all or
its NE multispecies DAS for an
indefinite time to another vessel with a
valid NE multispecies permit, in
accordance with the conditions and
restrictions described under this
section. The Regional Administrator has
final approval authority for all NE
multispecies DAS transfer requests.
(1) DAS transfer conditions and
restrictions. (i) The transferor vessel
must transfer all of its DAS. Upon
approval of the DAS transfer, all history
associated with the transferred NE
multispecies DAS (moratorium right
history, DAS use history, and catch
history) shall be associated with the
permit rights of the transferee. Neither
the individual permit history elements,
nor total history associated with the
transferred DAS may be retained by the
transferor.
(ii) NE multispecies DAS may be
transferred only to a vessel with a
baseline main engine horsepower rating
that is no more than 20 percent greater
than the baseline engine horsepower of
the transferor vessel. NE multispecies
DAS may be transferred only to a vessel
with a baseline length overall that is no
more than 10 percent greater than the
baseline length overall of the transferor
vessel. For the purposes of this program,
the baseline horsepower and length
overall are those associated with the
permit as of January 29, 2004. Upon
approval of the transfer, the baseline of
the transferee vessel would be the
smaller baseline of the two vessels or, if
the transferee vessel had not previously
upgraded under the vessel replacement
rules, the vessel owner could choose to
adopt the larger baseline of the two
vessels, which would constitute the
vessel’s one-time upgrade, if such
upgrade is consistent with the vessel
replacement rules.
(iii) The transferor vessel must
transfer all of its Federal limited access
permits for which it is eligible to the
transferee vessel in accordance with the
vessel replacement restrictions under
§ 648.4, or permanently cancel such
permits. When duplicate permits exist,
i.e, those permits for which both the
transferor and transferee vessel are
eligible, one of the duplicate permits
must be permanently cancelled.
(iv) For the purpose of calculating the
DAS conservation tax as described in
this paragraph (l), the applicants must
specify which DAS (the transferor’s
DAS or the transferee’s DAS) are subject
to the DAS reduction. NE multispecies
Category A and Category B DAS, as
defined under paragraphs (d)(1) and (2)
of this section, shall be reduced by 20
percent upon transfer. Category C DAS,
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as defined under paragraph (d)(3) of this
section, will be reduced by 90 percent
upon transfer.
(v) In a particular fishing year, a
vessel may not execute a DAS transfer
as a transferor if it previously
participated in the DAS Leasing
Program as either a lessee or a lessor, as
described under paragraph (k) of this
section. A vessel may participate in
DAS lease transaction (as a lessee or a
lessor) and submit an application for a
DAS transfer (as a transferor) during the
same fishing year, but the transfer, if
approved, would not be effective until
the beginning of the following fishing
year. Other combinations of activities
under the DAS Leasing and DAS
Transfer programs are permissible
during the same fishing year (i.e., act as
a transferee, or act as transferor and
subsequently conduct a DAS lease).
*
*
*
*
*
(viii) A vessel with a NE multispecies
limited access Category D permit may
transfer DAS only to a vessel with a NE
multispecies limited access Category D
permit, but may receive transferred DAS
from any eligible NE multispecies
vessel.
(ix) A vessel with a DAS allocation
resulting from a DAS Transfer in
accordance with this paragraph (l) may
acquire, through leasing, up to the sum
of the DAS allocations for the 2001
fishing year, associated with the
transferred and original DAS (excluding
carry-over DAS from the previous year,
or additional DAS associated with
obtaining a Large Mesh permit), in
accordance with the restrictions of
paragraph (k) of this section.
*
*
*
*
*
7. In § 648.85, paragraphs (a)(3)(ii)(A);
(a)(3)(iv)(A); (a)(3)(iv)(C)(1) and (2);
(a)(3)(iv)(D); (a)(3)(v); (b)(3)(xi); (b)(5);
(b)(6)(iii); (b)(6)(iv)(C) through (F), (H),
and (I), (b)(6)(v)(C) and (E); (b)(6)(vi);
(b)(7)(iv)(F) through (H); (b)(7)(v)(D);
(b)(7)(vi)(D); the introductory text of
paragraph (b)(8); and paragraphs (b)(8)(i)
and (b)(8)(iv); (b)(8)(v)(A) introductory
text; (b)(8)(v)(A)(2) through (4);
(b)(8)(v)(E), (F), (H), (I) and (K) are
revised; and paragraphs (b)(6)(ii) and
(b)(8)(iii) are removed and reserved; and
paragraph (b)(6)(iv)(J) is added to read
as follows:
§ 648.85
Special Management Programs.
*
*
*
*
*
(a) * * *
(3) * * *
(ii) * * *
(A) A vessel fishing under a NE
multispecies DAS in the Eastern U.S./
Canada Area may fish both inside and
outside of the Eastern U.S./Canada Area
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on the same trip, provided it complies
with the more restrictive regulations,
including possession limits, for the
areas fished for the entire trip, and
provided it complies with the
restrictions specified in paragraphs
(a)(3)(ii)(A)(1) through (4) of this
section. On a trip when the vessel
operator elects to fish both inside and
outside of the Eastern U.S./Canada Area,
all cod, haddock, and yellowtail
flounder caught on the trip will count
toward the applicable hard TAC
specified for the U.S./Canada
Management Area.
(1) The vessel operator must notify
NMFS via VMS any time prior to
leaving the Eastern U.S./Canada Area
(including at the time of initial
declaration into the Eastern U.S./Canada
Area) that it is also electing to fish, i.e.,
harvest fish, outside the Eastern U.S./
Canada Area. With the exception of
vessels participating in the Regular B
DAS Program and fishing under a
Regular B DAS, once a vessel that has
elected to fish outside of the Eastern
U.S./Canada Area leaves the Eastern
U.S./Canada Area, Category A DAS will
accrue from the time the vessel crosses
the VMS demarcation line at the start of
its fishing trip until the time the vessel
crosses the demarcation line on its
return to port, in accordance with
§ 648.10 (b)(2)(iii).
(2) The vessel must comply with the
reporting requirements of the U.S./
Canada Management Area specified
under § 648.85(a)(3)(v) for the duration
of the trip.
(3) If the vessel fishes or intend to fish
in one of the Differential DAS Areas
defined under § 648.82(e)(2)(i) it must
declare its intent to fish, i.e., harvest
fish, in the specific Differential DAS
Area prior to leaving the Eastern U.S./
Canada Area, and must not have
exceeded the CC/GOM or SNE/MA
yellowtail flounder trip limits, specified
in § 648.86(g) for the respective areas.
(4) If a vessel possesses yellowtail
flounder in excess of the trip limits for
CC/GOM yellowtail flounder or SNE/
MA yellowtail flounder, as specified in
§ 648.86(g), the vessel may not fish in
either the CC/GOM or SNE/MA
yellowtail flounder stock area during
that trip (i.e., may not fish outside of the
U.S./Canada Management Area).
*
*
*
*
*
(iv) * * *
(A) Cod landing limit restrictions.
Notwithstanding other applicable
possession and landing restrictions
under this part, a NE multispecies
vessel fishing in the Eastern U.S./
Canada Area described in paragraph
(a)(1)(ii) of this section may not land
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more than 500 lb (226.8 kg) of cod per
DAS, or any part of a DAS, up to 5,000
lb (2,268 kg) per trip. A vessel fishing
in the Eastern U.S./Canada Area may be
further restricted by participation in
other Special Management Programs as
required under this section.
*
*
*
*
*
(C) * * *
(1) Initial yellowtail flounder landing
limit. Unless further restricted under
paragraph (a)(3)(iv)(D) of this section
(gear performance incentives), or,
modified pursuant to paragraph
(a)(3)(iv)(D), the initial yellowtail
flounder landing limit for each fishing
year is 10,000 lb (4,536.2 kg) per trip.
(2) Regional Administrator authority
to adjust the yellowtail flounder landing
limit mid-season. If, based upon
available information, the Regional
Administrator projects that the
yellowtail flounder catch may exceed
the yellowtail flounder TAC for a
fishing year, the Regional Administrator
may implement, adjust, or remove the
yellowtail flounder landing limit at any
time during that fishing year in order to
prevent yellowtail flounder catch from
exceeding the TAC, in a manner
consistent with the Administrative
Procedure Act. If, based upon available
information, the Regional Administrator
projects that the yellowtail flounder
catch is less than 90 percent of the TAC,
the Regional Administrator may adjust,
or remove the yellowtail flounder
landing limit at any time during the
fishing year in order to facilitate the
harvest of the TAC (in a manner
consistent with the Administrative
Procedure Act). The Regional
Administrator may specify yellowtail
flounder trip limits that apply to the
whole U.S./Canada Management Area or
to either the Western or Eastern Area.
*
*
*
*
*
(D) Other restrictions or in-season
adjustments. In addition to the
possession restrictions specified in
paragraph (a)(3)(iv) of this section, the
Regional Administrator, in a manner
consistent with the Administrative
Procedure Act, may modify the gear
requirements, modify or close access to
the U.S./Canada Management Areas,
modify 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 overharvesting or under-harvesting the TAC.
Such adjustments may be made at any
time during the fishing year, or prior to
the start of the fishing year. If necessary
to give priority to using Category A DAS
versus using Category B DAS, the
Regional Administrator may implement
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42547
different management measures for
vessels using Category A DAS than for
vessels using Category B DAS. If the
Regional Administrator, under this
authority, requires use of a particular
gear type in order to reduce catches of
stocks of concern, unless further
restricted elsewhere in this part, the
following gear performance incentives
will apply: Possession of flounders (all
species combined), monkfish, and
skates is limited to 500 lb (226.8
kg)(whole weight) each (i.e., no more
than 500 lb (226.8 kg) of all flounders,
no more than 500 lb (226.8 kg) of
monkfish, and no more than 500 lb
(226.8 kg) of skates), and possession of
lobsters is prohibited.
*
*
*
*
*
(v) Reporting. The owner or operator
of a NE multispecies DAS vessel must
submit reports via VMS, in accordance
with instructions provided by the
Regional Administrator, for each day of
the fishing trip when declared into
either of the U.S./Canada Management
Areas. The vessel must continue to
report daily even after exiting the U.S./
Canada Management Area. The reports
must be submitted in 24–hr intervals for
each day, beginning at 0000 hr and
ending at 2400 hr, and must be
submitted by 0900 hr of the following
day, or as instructed by the Regional
Administrator. The reports must include
at least the following information:
(A) Total pounds of cod, haddock,
yellowtail flounder, winter flounder,
witch flounder, American plaice, and
white hake kept; and total pounds of
cod, haddock, yellowtail flounder,
winter flounder, witch flounder,
American plaice, and white hake
discarded;
(B) Date fish were caught; and
(C) Vessel Trip Report (VTR) serial
number, as instructed by the Regional
Administrator.
*
*
*
*
*
(b) * * *
(3) * * *
(xi) No-discard provision and DAS
flips. A vessel fishing in the CA II
Yellowtail Flounder SAP, may not
discard legal-sized regulated NE
multispecies, Atlantic halibut, or ocean
pout. If a vessel fishing in the CA II
Yellowtail Flounder SAP exceeds an
applicable trip limit, the vessel must
exit the SAP. If a vessel operator fishing
in the CA II Yellowtail Flounder SAP
under a Category B DAS harvests and
brings on board more legal-sized
regulated NE multispecies, ocean pout,
or Atlantic halibut than the maximum
landing limits allowed per trip,
specified under paragraph (b)(3)(iv) or
(viii) of this section, or under § 648.86,
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the vessel operator must immediately
notify NMFS via VMS to initiate a DAS
flip (from a Category B DAS to a
Category A DAS). Once this notification
has been received by NMFS, the vessel’s
entire trip will accrue as a Category A
DAS trip. For a vessel that notifies
NMFS of a DAS flip, the Category B
DAS that have accrued between the time
the vessel started accruing Category B
DAS (i.e., either at the beginning of the
trip, or at the time the vessel crossed
into the Eastern U.S./Canada Area) and
the time the vessel declared its DAS flip
will be accrued as Category A DAS, and
not Category B DAS.
*
*
*
*
*
(5) Incidental Catch TACs. Unless
otherwise specified in this paragraph
(b)(5), Incidental Catch TACs will be
specified through the periodic
adjustment process described in
§ 648.90, and allocated as described in
this paragraph (b)(5), for each of the
following stocks: GOM cod, GB cod, GB
yellowtail flounder, GB winter flounder,
CC/GOM yellowtail flounder, American
plaice, white hake, SNE/MA yellowtail
flounder, SNE/MA winter flounder, and
witch flounder. NMFS will send letters
to limited access NE multispecies
permit holders notifying them of such
TACs.
(i) Stocks other than GB cod, GB
yellowtail flounder, and GB winter
flounder. With the exception of GB cod,
GB yellowtail flounder, and GB winter
flounder, the Incidental Catch TACs
specified under this paragraph (b)(5)
shall be allocated to the Regular B DAS
Program described in paragraph (b)(6) of
this section.
(ii) GB cod. The Incidental Catch TAC
for GB cod specified under this
paragraph (b)(5) shall be subdivided as
follows: 50 percent to the Regular B
DAS Program, described in paragraph
(b)(6) of this section; 16 percent to the
CA I Hook Gear Haddock SAP described
in paragraph (b)(7) of this section; and
34 percent to the Eastern U.S./Canada
Haddock SAP, described in paragraph
(b)(8) of this section.
(iii) GB yellowtail flounder and GB
winter flounder. Each of the Incidental
Catch TACs for GB yellowtail flounder
and GB winter flounder specified under
this paragraph (b)(5) shall be subdivided
as follows: 50 percent to the Regular B
DAS Program, described in paragraph
(b)(6) of this section; and 50 percent to
the Eastern U.S./Canada Haddock SAP,
described in paragraph (b)(8) of this
section.
*
*
*
*
*
(6) * * *
(ii) [Reserved]
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(iii) Quarterly Incidental Catch TACs.
The Incidental Catch TACs specified in
accordance with paragraph (b)(5) of this
section will be divided into quarterly
catch TACs as follows: The first quarter
will receive 13 percent of the Incidental
Catch TACs and the remaining quarters
will each receive 29 percent of the
Incidental Catch TACs. NMFS will send
letters to all limited access NE
multispecies permit holders notifying
them of such TACs.
(iv) * * *
(C) VMS declaration. To participate in
the Regular B DAS Program under a
Regular B DAS, a vessel must declare
into the Program via VMS prior to
departure from port, in accordance with
instructions provided by the Regional
Administrator. A vessel declared into
the Regular B DAS Program cannot fish
in an approved SAP described under
this section on the same trip.
Declaration of a Regular B DAS Program
trip does not reserve a vessel’s right to
fish under the Program.
(D) Landing limits. Unless otherwise
specified in this paragraph (b)(6)(iv)(D),
a NE multispecies vessel fishing in the
Regular B DAS Program described in
this paragraph (b)(6), and fishing under
a Regular B DAS, may not land more
than 100 lb (45.5 kg) per DAS, or any
part of a DAS, up to a maximum of
1,000 lb (454 kg) per trip, of any of the
following species/stocks: Cod, American
plaice, white hake, witch flounder,
SNE/MA winter flounder, GB winter
flounder, GB yellowtail flounder,
southern windowpane flounder, and
ocean pout, and may not land more than
25 lb (11.3 kg) per DAS, or any part of
a DAS, up to a maximum of 250 lb (113
kg) per trip of CC/GOM or SNE/MA
yellowtail flounder. In addition, trawl
vessels, which are required to fish with
a haddock separator trawl, as specified
under paragraph (b)(6)(iv)(J) of this
section, and other gear that may be
required in order to reduce catches of
stocks of concern as described under
paragraph (b)(6)(iv)(J) of this section, are
restricted to the following trip limits:
500 lb (227 kg) of all flatfish species
(American plaice, witch flounder,
winter flounder, windowpane flounder,
and GB yellowtail flounder), combined,
500 lb (227 kg) of monkfish (whole
weight), 500 lb (227 kg) of skates (whole
weight), and zero possession of lobsters,
unless otherwise restricted by
§ 648.94(b)(7).
(E) No-discard provision and DAS
flips. A vessel fishing in the Regular B
DAS Program under a Regular B DAS
may not discard legal-sized regulated
groundfish, ocean pout, Atlantic
halibut, or monkfish. This prohibition
on discarding does not apply in areas or
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times where the possession or landing
of groundfish is prohibited. If such a
vessel harvests and brings on board
legal-sized regulated NE multispecies,
or Atlantic halibut in excess of the
allowable landing limits specified in
paragraph (b)(6)(iv)(D) of this section or
§ 648.86, the vessel operator must notify
NMFS immediately via VMS to initiate
a DAS flip from a B DAS to A DAS.
Once this notification has been received
by NMFS, the vessel will automatically
be switched by NMFS to fishing under
a Category A DAS for its entire fishing
trip. Thus, any Category B DAS that
accrued between the time the vessel
declared into the Regular B DAS
Program at the beginning of the trip (i.e.,
at the time the vessel crossed the
demarcation line at the beginning of the
trip) and the time the vessel declared it
DAS flip will be accrued as Category A
DAS, and not Regular B DAS. After
flipping to a Category A DAS, the vessel
is subject to the trip limits specified
under § 648.86.
(F) Minimum Category A DAS and B
DAS accrual. For a vessel fishing under
the Regular B DAS Program, the number
of Regular B DAS that can be used on
a trip cannot exceed the number of
Category A DAS that the vessel has at
the start of the trip. If a vessel is fishing
in the GOM Differential DAS Area or the
SNE Differential DAS Area, as described
in § 648.82(e)(2)(i), the number of
Regular B DAS that can be used on a
trip cannot exceed the number of
Category A DAS that the vessel has at
the start of the trip divided by 2. For
example, if a vessel plans a trip under
the Regular B DAS Program into the
GOM Differential DAS Area and has 10
Category A DAS available at the start of
the trip, the maximum number of
Regular B DAS that the vessel may fish
under the Regular B Program is 5. A
vessel fishing in the Regular B DAS
Program for its entire trip will accrue
DAS in accordance with § 648.82(e)(3).
*
*
*
*
*
(H) Closure of Regular B DAS Program
and quarterly DAS limits. Unless
otherwise closed as a result of the
harvest of an Incidental Catch TAC as
described in paragraph (b)(6)(iv)(G) of
this section, or as a result of an action
by the Regional Administrator under
paragraph (b)(6)(vi) of this section, the
use of Regular B DAS shall, in a manner
consistent with the Administrative
Procedure Act, be prohibited when 500
Regular B DAS have been used during
the first quarter of the fishing year (MayJuly), or when 1,000 Regular B DAS
have been used during any of the
remaining quarters of the fishing year,
in accordance with § 648.82(e)(3).
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(I) Reporting requirements. The owner
or operator of a NE multispecies DAS
vessel must submit catch reports via
VMS in accordance with instructions
provided by the Regional Administrator,
for each day fished when declared into
the Regular B DAS Program. The reports
must be submitted in 24–hr intervals for
each day, beginning at 0000 hr and
ending at 2400 hr. The reports must be
submitted by 0900 hr of the following
day. For vessels that have declared into
the Regular B DAS Program in
accordance with paragraph (b)(6)(iv)(C)
of this section, the reports must include
at least the following information: Total
pounds of haddock, yellowtail flounder,
winter flounder, witch flounder,
American plaice, and white hake kept;
total pounds of haddock, yellowtail
flounder, winter flounder, witch
flounder, American plaice, and white
hake discarded; date fish were caught;
and VTR serial number, as instructed by
the Regional Administrator. Daily
reporting must continue even if the
vessel operator is required to flip, as
described under paragraph (b)(6)(iv)(E)
of this section.
(J) Gear requirement—(1) Vessels
fishing with trawl gear in the Regular B
DAS Program must use a haddock
separator trawl as described under
paragraph (a)(3)(iii)(A) of this section, or
other type of gear if approved as
described under this paragraph
(b)(6)(iv)(J). Other gear may be on board
the vessel, provided it is stowed when
the vessel is fishing under the Regular
B DAS Program.
(2) The Regional Administrator may
authorize the use of additional gear for
this program if it has been demonstrated
to reduce the catch of groundfish stocks
of concern based on approved gear
42549
standards implemented pursuant to
paragraph (b)(6)(iv)(J)(3) of this section.
(3) The Regional Administrator may
not authorize additional gear unless the
Council first recommends to the
Regional Administrator, and the
Regional Administrator approves, gear
standards in a manner consistent with
the Administrative Procedure Act. If the
Regional Administrator does not
approve any gear standards
recommended by the Council for use in
the Regular B DAS Program, NMFS
must provide a written rationale to the
Council regarding its decision not to do
so.
(v) * * *
(C) CC/GOM yellowtail flounder stock
area. The CC/GOM yellowtail flounder
stock area for the purposes of the
Regular B DAS Program is the area
defined by straight lines connecting the
following points in the order stated:
CC/GOM YELLOWTAIL FLOUNDER STOCK AREA
Point
N. lat.
°
°
°
°
°
°
°
°
°
°
CCGOM1
CCGOM2
CCGOM3
CCGOM4
CCGOM5
CCGOM6
CCGOM7
CCGOM8
CCGOM5
CCGOM9
CCGOM10
CCGOM11
43
43
42
42
41
41
41
41
41
41
1
42
CCGOM12
CCGOM13
W. long.
00’
00’
30’
30’
30’
30’
00’
00’
30’
30’
Intersection with New Hampshire Coastline.
70 ° 00’.
70 ° 00’.
69 ° 30’.
69 ° 30’.
69 ° 00’.
69 ° 00’.
69 ° 30’.
69 ° 30’.
70 ° 00’.
70 ° 00’.
Intersection with east facing shoreline of Cape Cod,
Massachusetts.
Intersection with west facing shoreline of Massachusetts.
70 ° 00’.
42 ° 00’
2
° 00’
1 Intersection with south facing shoreline of Cape Cod, Massachusetts
2 Intersection with east facing shoreline of Cape Cod, Massachusetts
*
*
*
*
*
(E) SNE/MA yellowtail flounder stock
area. The SNE/MA yellowtail flounder
stock area for the purposes of the
Regular B DAS Program is the area
bounded on the north, east, and south
by straight lines connecting the
following points in the order stated:
SNE/MA YELLOWTAIL FLOUNDER STOCK AREA
jlentini on PROD1PC65 with PROPOSAL3
Point
N. lat.
SNEMA1
SNEMA2
SNEMA3
SNEMA4
SNEMA5
SNEMA6
SNEMA7
SNEMA8
SNEMA9
SNEMA10
SNEMA11
SNEMA12
SNEMA13
SNEMA14
SNEMA15
SNEMA16
VerDate Aug<31>2005
40
40
40
40
41
41
41
41
41
41
41
1
2
3
40
40
18:03 Jul 25, 2006
Jkt 208001
°
°
°
°
°
°
°
°
°
°
°
W. long.
00’
00’
30’
30’
00’
00’
30’
30’
00’
00’
30’
74
72
72
69
69
69
69
70
70
70
70
72
72
73
73
74
° 30’
° 30’
PO 00000
Frm 00029
Fmt 4701
Sfmt 4702
°
°
°
°
°
°
°
°
°
°
°
°
°
°
°
°
00’.
00’.
00’.
30’.
30’.
00’.
00’.
00’.
00’.
30’.
30’.
00’.
00’.
00’.
00’.
00’.
E:\FR\FM\26JYP3.SGM
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42550
Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules
SNE/MA YELLOWTAIL FLOUNDER STOCK AREA—Continued
Point
N. lat.
W. long.
40 ° 00’
SNEMA17
74 ° 00’.
1 South facing shoreline of Connecticut
2 North facing shoreline of Long Island, New York
3 South facing shoreline of Long Island, New York
jlentini on PROD1PC65 with PROPOSAL3
*
*
*
*
*
(vi) Closure of the Regular B DAS
Program. The Regional Administrator,
based upon information required under
§§ 648.7, 648.9, 648.10, or 648.85, and
any other relevant information may, in
a manner consistent with the
Administrative Procedure Act, prohibit
the use of Regular B DAS for the
duration of a quarter or fishing year, if
it is projected that continuation of the
Regular B DAS Program would
undermine the achievement of the
objectives of the FMP or Regular B DAS
Program. Reasons for terminating the
program include, but are not limited to
the following: Inability to constrain
catches to the Incidental Catch TACs;
evidence of excessive discarding; a
significant difference in flipping rates
between observed and unobserved trips;
or insufficient observer coverage to
adequately monitor the program.
(7) * * *
(iv) * * *
(F) Haddock TAC. The maximum
total amount of haddock that may be
caught (landings and discards) in the
Closed Area I Hook Gear SAP Area in
any fishing year is based upon the size
of the TAC allocated for the 2004 fishing
year (1,130 mt live weight), adjusted
according to the growth or decline of the
western GB (WGB) haddock exploitable
biomass (in relationship to its size in
2004), according the following formula:
Biomass YEAR X = (1,130 mt live
weight) x (Projected WGB Haddock
Exploitable BiomassYEAR X / WGB
Haddock Exploitable Biomass2004). The
size of the western component of the
stock is considered to be 35 percent of
the total stock size, unless modified by
a stock assessment. The Regional
Administrator is authorized to specify
the haddock TAC for the SAP, in a
manner consistent with the
Administrative Procedure Act, based on
the best available scientific information.
(G) Trip restrictions. A vessel is
prohibited from deploying fishing gear
outside of the Closed Area I Hook Gear
Haddock SAP Area on the same fishing
trip on which it is declared into the
Closed Area I Hook Gear Haddock SAP,
and must exit the SAP if the vessel
exceeds the applicable landing limits
described in paragraph (b)(7)(iv)(H) of
this section.
VerDate Aug<31>2005
18:03 Jul 25, 2006
Jkt 208001
(H) Landing limits. For all eligible
vessels declared into the Closed Area I
Hook Gear Haddock SAP described in
paragraph (b)(7)(i) of this section,
landing limits for NE multispecies other
than cod, which are specified at
paragraphs (b)(7)(v)(C) and (b)(7)(vi)(C)
of this section, are as specified at
§ 648.86. Such vessels are prohibited
from discarding legal-sized regulated NE
multispecies, Atlantic halibut, and
ocean pout, and must exit the SAP and
cease fishing if any trip limit is achieved
or exceeded.
*
*
*
*
*
(v) * * *
(D) Reporting requirements. The
owner or operator of a Sector vessel
declared into the Closed Area I Hook
Gear Haddock SAP must submit reports
to the Sector Manager, with instructions
to be provided by the Sector Manager,
for each day fished in the Closed Area
I Hook Gear Haddock SAP Area. The
Sector Manager will provide daily
reports to NMFS, including at least the
following information: Total pounds of
haddock, cod, yellowtail flounder,
winter flounder, witch flounder,
American plaice, and white hake kept;
total pounds of haddock, cod, yellowtail
flounder, winter flounder, witch
flounder, American plaice, and white
hake discarded; date fish were caught;
and VTR serial number, as instructed by
the Regional Administrator. Daily
reporting must continue even if the
vessel operator is required to exit the
SAP as required under paragraph
(b)(7)(iv)(G) of this section.
*
*
*
*
*
(vi) * * *
(D) Reporting requirements. The
owner or operator of a non-Sector vessel
declared into the Closed Area I Hook
Gear Haddock SAP must submit reports
via VMS, in accordance with
instructions to be provided by the
Regional Administrator, for each day
fished in the Closed Area I Hook Gear
Haddock SAP Area. The reports must be
submitted in 24–hr intervals for each
day fished, beginning at 0000 hr and
ending at 2400 hr. The reports must be
submitted by 0900 hr of the day
following fishing. The reports must
include at least the following
information: Total pounds of haddock,
cod, yellowtail flounder, winter
PO 00000
Frm 00030
Fmt 4701
Sfmt 4702
flounder, witch flounder, American
plaice, and white hake kept; total
pounds of haddock, cod, yellowtail
flounder, winter flounder, witch
flounder, American plaice, and white
hake discarded; date fish were caught;
and VTR serial number, as instructed by
the Regional Administrator. Daily
reporting must continue even if the
vessel operator is required to exit the
SAP as required under paragraph
(b)(7)(iv)(G) of this section.
*
*
*
*
*
(8) Eastern U.S./Canada Haddock
SAP—(i) Eligibility. Vessels issued a
valid limited access NE multispecies
DAS permit, and fishing with trawl gear
as specified in paragraph (b)(8)(v)(E) of
this section, are eligible to participate in
the Eastern U.S./Canada Haddock SAP,
and may fish in the Eastern U.S./Canada
Haddock SAP Area, as described in
paragraph (b)(8)(ii) of this section,
during the season specified in paragraph
(b)(8)(iv) of this section, provided such
vessels comply with the requirements of
this section, and provided the SAP is
not closed according to the provisions
specified in paragraphs (b)(8)(v)(K) or
(L) of this section, or the Eastern U.S./
Canada Area is not closed as described
under paragraph (a)(3)(iv)(E) of this
section.
*
*
*
*
*
(iii) [Reserved]
(iv) Season. Eligible vessels may fish
in the Eastern U.S./Canada Haddock
SAP from August 1 through December
31.
(v) * * *
(A) DAS use restrictions. A vessel
fishing in the Eastern U.S./Canada
Haddock SAP may elect to fish under a
Category A or Category B DAS, in
accordance with § 648.82(d)(2)(i)(A) and
the restrictions of this paragraph
(b)(8)(v)(A).
*
*
*
*
*
(2) A vessel that is declared into the
Eastern U.S./Canada Haddock SAP
described in paragraph (b)(8)(i) of this
section may fish, on the same trip, in
the Eastern U.S./Canada Haddock SAP
Area and in the Closed Area II
Yellowtail Flounder Access Area,
described in paragraph (b)(3)(ii) of this
section, under either a Category A DAS
or a Category B DAS.
E:\FR\FM\26JYP3.SGM
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jlentini on PROD1PC65 with PROPOSAL3
Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules
(3) A vessel may choose, on the same
trip, to fish in either/both the Eastern
U.S./Canada Haddock SAP Program and
the Closed Area II Yellowtail Flounder
Access Area, and in the portion of the
Eastern U.S./Canada Area described in
paragraph (a)(1)(ii) of this section that
lies outsides of these two SAPs,
provided the vessel fishes under a
Category A DAS and abides by the VMS
restrictions of paragraph (b)(8)(v)(D) of
this section. Such a vessel may also
elect to fish outside of the Eastern U.S./
Canada Area on the same trip, in
accordance with the restrictions of
paragraph (a)(3)(ii)(A) of this section.
(4) Vessels that elect to fish in
multiple areas, as described in this
paragraph (b)(8)(v)(A), must fish under
the most restrictive trip provisions of
the areas fished for the entire trip,
including those in paragraph
(a)(3)(ii)(A)(3) of this section.
*
*
*
*
*
(E) Gear restrictions—(1) A NE
multispecies vessel fishing in the
Eastern U.S./Canada Haddock SAP must
use one of the haddock separator trawl
nets authorized for the Eastern U.S./
Canada Area, as specified in paragraph
(a)(3)(iii)(A) of this section, or other type
of gear if approved as described under
this paragraph (b)(8)(v)(E). No other type
of fishing gear may be on the vessel
when on a trip in the Eastern U.S./
Canada Haddock SAP, with the
exception of a flounder net, as described
in paragraph (a)(3)(iii) of this section,
provided that the flounder net is stowed
in accordance with § 648.23 (b).
(2) The Regional Administrator may
authorize the use of additional gear for
this program if it has been demonstrated
to reduce the catch of groundfish stocks
of concern based on approved gear
standards implemented pursuant to
paragraph (b)(8)(v)(E)(3) of this section.
(3) The Regional Administrator may
not authorize additional gear unless the
Council first recommends to the
Regional Administrator, and the
Regional Administrator approves, gear
standards in a manner consistent with
the Administrative Procedure Act. If the
Regional Administrator does not
approve any gear standards
recommended by the Council for use in
the Eastern U.S./Canada Haddock SAP,
NMFS must provide a written rationale
to the Council regarding its decision not
to do so.
(F) Landing limits. Unless otherwise
restricted, NE multispecies vessels
fishing any portion of a trip in the
Eastern U.S./Canada Haddock SAP may
not fish for, possess, or land more than
1,000 lb (453.6 kg) of cod, per trip,
regardless of trip length. A NE
VerDate Aug<31>2005
18:03 Jul 25, 2006
Jkt 208001
multispecies vessel fishing in the
Eastern U.S./Canada Haddock SAP is
subject to the haddock requirements
described under § 648.86(a), unless
further restricted under paragraph
(a)(3)(iv) of this section. A NE
multispecies vessel fishing in the
Eastern U.S./Canada Haddock SAP
under a Category B DAS may not land
more than 100 lb (45.5 kg) per DAS, or
any part of a DAS, of GB yellowtail
flounder and 100 lb (45.5 kg) of GB
winter flounder, up to a maximum of
500 lb (227 kg) of all flatfish species,
combined. Possession of monkfish
(whole weight), and skates (whole
weight) is limited to 500 lb (227 kg)
each, and possession of lobsters is
prohibited.
*
*
*
*
*
(H) Incidental TACs. The maximum
amount of GB cod, and the amount of
GB yellowtail flounder and GB winter
flounder, both landings and discards,
that may be caught when fishing in the
Eastern U.S./Canada Haddock SAP
Program in a fishing year by vessels
fishing under a Category B DAS, as
authorized in paragraph (b)(8)(v)(A), is
the amount specified in paragraphs
(b)(5)(ii) and (iii), respectively.
(I) No discard provision and DAS
flips. A vessel fishing in the Eastern
U.S./Canada Haddock SAP Program
may not discard legal-sized regulated
NE multispecies, Atlantic halibut, and
ocean pout. If a vessel fishing in the
Eastern U.S./Canada Haddock SAP
under a Category B DAS exceeds the
applicable maximum landing limit per
trip specified under paragraph
(b)(8)(v)(F) of this section, or under
§ 648.86, the vessel operator must retain
the fish and immediately notify NMFS
via VMS to initiate a DAS flip (from a
Category B DAS to a Category A DAS).
After flipping to a Category A DAS the
vessel is subject to all landing limits
specified under§ 648.86. If a NE
multispecies vessel fishing in this SAP,
while under a Category B DAS or a
Category A DAS exceeds a trip limit
specified under paragraph (b)(8)(v)(F) of
this section or § 648.86, or other
applicable trip limit, the vessel must
immediately exit the SAP area defined
under paragraph (b)(8)(ii) of this section,
for the remainder of the trip. For a
vessel that notifies NMFS of a DAS flip,
the Category B DAS that have accrued
between the time the vessel started
accruing Category B DAS and the time
the vessel declared its DAS flip will be
accrued as Category A DAS, and not
Category B DAS.
*
*
*
*
*
(K) Mandatory closure of Eastern
U.S./Canada Haddock SAP. When the
PO 00000
Frm 00031
Fmt 4701
Sfmt 4702
42551
Regional Administrator projects that one
or more of the TAC allocations specified
in paragraph (b)(8)(v)(H) of this section
has been caught by vessels fishing under
Category B DAS, NMFS shall prohibit
the use of Category B DAS in the Eastern
U.S./Canada Haddock SAP, through
publication in the Federal Register,
consistent with the Administrative
Procedure Act. In addition, the closure
regulations described in paragraph
(a)(3)(iv)(E) of this section shall apply to
the Eastern U.S./Canada Haddock SAP
Program.
*
*
*
*
*
8. In § 648.86, the section heading,
paragraphs (a)(1), (b)(1), (b)(2), (b)(4),
(e), and (g) are revised, and paragraph (j)
is added, to read as follows:
§ 648.86 NE Multispecies possession
restrictions.
*
*
*
*
*
(a) * * *
(1) NE multispecies DAS vessels—(i)
Implementation and adjustments to the
haddock trip limit to prevent exceeding
the target TAC. At any time prior to or
during the fishing year, if the Regional
Administrator projects that the target
TAC for haddock will be exceeded in
that fishing year, NMFS may implement
or adjust, in a manner consistent with
the Administrative Procedure Act, a per
DAS possession limit and/or a
maximum trip limit in order to prevent
exceeding the target TAC in that fishing
year.
(ii) Implementation and adjustments
to the haddock trip limit to facilitate
harvest of the target TAC. At any time
prior to or during the fishing year, if the
Regional Administrator projects that
less than 90 percent of the target TAC
for that fishing year will be harvested,
NMFS may remove or adjust, in a
manner consistent with the
Administrative Procedure Act, a per
DAS possession limit and/or a
maximum trip limit in order facilitate
haddock harvest and enable the total
catch to approach the target TAC for
that fishing year.
*
*
*
*
*
(b) * * *
(1) GOM cod landing limit. (i) Except
as provided in paragraphs (b)(1)(ii) and
(b)(4) of this section, or unless otherwise
restricted under § 648.85, a vessel
fishing under a NE multispecies DAS
may land only up to 800 lb (362.9 kg)
of cod during the first 24–hr period after
the vessel has started a trip on which
cod were landed (e.g., a vessel that starts
a trip at 6 a.m. may call out of the DAS
program at 11 a.m. and land up to 800
lb (362.9 kg), but the vessel cannot land
any more cod on a subsequent trip until
at least 6 a.m. on the following day). For
E:\FR\FM\26JYP3.SGM
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42552
Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Proposed Rules
each trip longer than 24 hr, a vessel may
land up to an additional 800 lb (362.9
kg) for each additional 24–hr block of
DAS fished, or part of an additional 24–
hr block of DAS fished, up to a
maximum of 4,000 lb (1,818.2 kg) per
trip (e.g., a vessel that has been called
into the DAS program for more than 24
hr, but less than 48 hr, may land up to,
but no more than,1,600 lb (725.7 kg) of
cod). A vessel that has been called into
only part of an additional 24–hr block
of a DAS (e.g., a vessel that has been
called into the DAS program for more
than 24 hr, but less than 48 hr) may land
up to an additional 800 lb (362.9 kg) of
cod for that trip, provided the vessel
complies with the provisions of
paragraph (b)(1)(ii) of this section. Cod
on board a vessel subject to this landing
limit must be separated from other
species of fish and stored so as to be
readily available for inspection.
(ii) A vessel that has been called into
or declared into only part of an
additional 24–hr block may come into
port with and offload cod up to an
additional 800 lb (362.9 kg), provided
that the vessel operator, with the
exception of vessels fishing in one of the
two Differential DAS Areas under the
restrictions of § 648.82(e)(2)(i), complies
with the following:
(A) For a vessel that is subject to the
VMS provisions specified under
§ 648.10(b), the vessel declares through
VMS that insufficient DAS have elapsed
in order to account for the amount of
cod onboard and, after returning to port,
does not depart from a dock or mooring
in port, unless transiting as allowed
under paragraph (b)(3) of this section,
until the rest of the additional 24–hr
block of the DAS has elapsed, regardless
of whether all of the cod on board is
offloaded (e.g., a vessel that has been in
the DAS program for 25 hr prior to
crossing the VMS demarcation line on
the return to port) may land only up to
1,600 lb (725.6 kg) of cod, provided the
vessel does not declare another trip or
leave port until 48 hr have elapsed from
the beginning of the trip).
(B) For a vessel that has been
authorized by the Regional
Administrator to utilize the DAS call-in
system, as specified under § 648.10(c),
in lieu of VMS, the vessel does not call
out of the DAS program as described
under § 648.10(c)(3) and does not depart
from a dock or mooring in port, unless
transiting as allowed in paragraph (b)(3)
of this section, until the rest of the
additional 24–hr block of DAS has
elapsed, regardless of whether all of the
cod on board is offloaded (e.g., a vessel
that has been called into the DAS
program for 25 hr at the time of landing
may land only up to 1,600 lb (725.6 kg)
VerDate Aug<31>2005
18:03 Jul 25, 2006
Jkt 208001
of cod, provided the vessel does not call
out of the DAS program or leave port
until 48 hr have elapsed from the
beginning of the trip.
(2) GB cod landing and maximum
possession limits. (i) Unless otherwise
restricted under § 648.85, or under the
provisions of paragraph (b)(2)(ii) of this
section, or unless exempt from the
landing limit under paragraph (b)(1) as
authorized under the Sector provisions
of § 648.87, a NE multispecies DAS
vessel may land up to 1,000 pounds of
cod per DAS, or part of a DAS, provided
it complies with the requirements
specified at paragraph (b)(4) of this
section and this paragraph (b)(2). A NE
multispecies DAS vessel may land up to
1,000 lb (453.6 kg) of cod during the
first 24–hr period after such vessel has
started a trip on which cod were landed
(e.g., a vessel that starts a trip at 6 a.m.
may call out of the DAS program at 11
a.m. and land up to 1,000 lb (453.6 kg)
of cod, but the vessel cannot land any
more cod on a subsequent trip until at
least 6 a.m. on the following day). For
each trip longer than 24 hr, a vessel may
land up to an additional 1,000 lb (453.6
kg) for each additional 24–hr block of
DAS fished, or part of an additional 24–
hr block of DAS fished, up to a
maximum of 10,000 lb (4,536 kg) per
trip (e.g., a vessel that has been called
into the DAS program for more than 24
hr, but less than 48 hr, may land up to,
but no more than, 2,000 lb (907.2 kg) of
cod). A vessel that has been called into
only part of an additional 24–hr block
of a DAS (e.g., a vessel that has been
called into the DAS program for more
than 24 hr, but less than 48 hr) may land
up to an additional 1,000 lb (453.6 kg)
of cod for that trip, provided the vessel
complies with the provisions of
paragraph (b)(2)(ii) of this section. Cod
on board a vessel subject to this landing
limit must be separated from other
species of fish and stored so as to be
readily available for inspection.
(ii) A vessel that has been called into
or declared into only part of an
additional 24–hr block may come into
port with and offload cod up to an
additional 1,000 lb (453.6 kg), provided
that the vessel operator, with the
exception of vessels fishing in one of the
two Differential DAS Areas under the
restrictions of § 648.82(e)(2)(i), complies
with the following:
(A) For a vessel that has been
authorized by the Regional
Administrator to utilize the DAS call-in
system as specified under § 648.10(c), in
lieu of VMS, the vessel does not call out
of the DAS program as described under
§ 648.10(c)(3) and does not depart from
a dock or mooring in port, unless
transiting, as allowed in paragraph (b)(3)
PO 00000
Frm 00032
Fmt 4701
Sfmt 4702
of this section, until the rest of the
additional 24–hr block of DAS has
elapsed, regardless of whether all of the
cod on board is offloaded (e.g., a vessel
that has been called into the DAS
program for 25 hr at the time of landing
may land only up to 2,000 lb (907.2 kg)
of cod, provided the vessel does not call
out of the DAS program or leave port
until 48 hr have elapsed from the
beginning of the trip.)
(B) For a vessel that is subject to the
VMS provisions specified under ’
648.10(b), the vessel declares through
VMS that insufficient DAS have elapsed
in order to account for the amount of
cod onboard, and after returning to port
does not depart from a dock or mooring
in port, unless transiting, as allowed
under paragraph (b)(3) of this section,
until the rest of the additional 24–hr
block of the DAS has elapsed, regardless
of whether all of the cod on board is
offloaded (e.g., a vessel that has been in
the DAS program for 25 hr prior to
crossing the VMS demarcation line on
the return to port may land only up to
2,000 lb (907.2 kg) of cod, provided the
vessel does not declare another trip or
leave port until 48 hr have elapsed from
the beginning of the trip.)
*
*
*
*
*
(4) Exemption. A vessel fishing under
a NE multispecies DAS is exempt from
the landing limit described in paragraph
(b)(1) of this section when fishing south
of the Gulf of Maine Regulated Mesh
Area, defined in § 648.80(a)(1), provided
that it complies with the requirement of
this paragraph (b)(4).
(i) Declaration. With the exception of
vessels declared into the U.S./Canada
Management Area, as described under
§ 648.85(a)(3)(ii), a NE multispecies
DAS vessel that fishes or intends to fish
south of the line described in paragraph
(b)(4) of this section, under the cod trip
limits described under paragraph (b)(2)
of this section, must, prior to leaving the
dock, declare its intention to do so
through the VMS, in accordance with
instructions to be provided by the
Regional Administrator. In lieu of a
VMS declaration, the Regional
Administrator may authorize such
vessels to obtain a letter of
authorization. If a letter of authorization
is required, such vessel may not fish
north of the exemption area for a
minimum of 7 consecutive days (when
fishing under the multispecies DAS
program), and must carry the
authorization letter on board.
(ii) A vessel exempt from the GOM
cod landing limit may not fish north of
the line specified in paragraph (b)(4) of
this section for the duration of the trip,
but may transit the GOM Regulated
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Mesh Area, provided that its gear is
stowed in accordance with the
provisions of § 648.23(b). A vessel
fishing north and south of the line on
the same trip is subject to the most
restrictive applicable cod trip limit.
*
*
*
*
*
(e) White hake. Unless otherwise
restricted under this part, a vessel
issued a NE multispecies DAS permit, a
limited access Handgear A permit, an
open access Handgear B permit, or a
monkfish limited access permit and
fishing under the monkfish Category C
or D permit provisions may land up to
500 lb (226.8 kg) of white hake per DAS,
or any part of a DAS, up to 5,000 lb
(2,268.1 kg) per trip.
*
*
*
*
*
(g) Yellowtail flounder—(1) CC/GOM
and SNE/MA yellowtail flounder
landing limit. Unless otherwise
restricted under this part, a vessel
issued a NE multispecies DAS permit, a
limited access Handgear A permit, an
open access Handgear B permit, or a
monkfish limited access permit and
fishing under the monkfish Category C
or D permit provisions, and fishing
exclusively outside of the U.S./Canada
Management Area, as defined under
§ 648.85(a)(1), may land or possess on
board only up to 250 lb (113.6 kg) of
yellowtail flounder per DAS, or any part
of a DAS, up to a maximum possession
limit of 1,000 lb (453.6 kg) per trip. A
vessel fishing outside and inside of the
U.S./Canada Management Area on the
same trip is subject to the more
restrictive yellowtail flounder trip limit
(i.e., that specified by this paragraph (g)
or § 648.85(a)(3)(iv)(C)).
(2) GB Yellowtail Flounder Landing
Limit. Unless otherwise restricted under
this part, a vessel issued a NE
multispecies DAS permit, a limited
access Handgear A permit, an open
access Handgear B permit, or a
monkfish limited access permit and
fishing under the monkfish Category C
or D permit provisions, and fishing in
the U.S./Canada Management Area
defined under § 648.85(a)(1) is subject to
the GB yellowtail flounder limit
described under § 648.85(a)(3)(iv)(C).
*
*
*
*
*
(j) GB winter flounder. Unless
otherwise restricted under this part, a
vessel issued a NE multispecies DAS
permit, a limited access Handgear A
permit, an open access Handgear B
permit, or a monkfish limited access
permit and fishing under the monkfish
Category C or D permit provisions, and
fishing in the U.S./Canada Management
Area defined under § 648.85(a)(1), may
not possess or land more than 5,000 lb
(2,268.1 kg) of GB winter flounder per
trip.
9. In § 648.87, paragraph (d)(2) is
added to read as follows:
§ 648.87
Sector allocation.
*
*
*
*
*
(d) * * *
(2) GB Cod Fixed Gear Sector. Eligible
NE multispecies DAS vessels, as
specified in paragraph (d)(2)(i) of this
section, may participate in the GB Cod
Fixed Gear Sector within the area
defined as the GB Cod Hook Sector
Area, as specified under paragraph
(d)(1)(i) of this section, under the GB
Cod Fixed Gear Sector’s Operations
Plan, provided the Operations Plan is
approved by the Regional Administrator
in accordance with paragraph (c) of this
section, and provided that each
participating vessel and vessel operator
and/or vessel owner complies with the
requirements of the Operations Plan, the
requirements and conditions specified
in the Letter of Authorization issued
pursuant to paragraph (c) of this section,
and all other requirements specified in
this section.
(i) Eligibility. All vessels issued a
limited access NE multispecies DAS
permit are eligible to participate in the
GB Cod Fixed Gear Sector, provided
they have documented landings through
valid dealer reports submitted to NMFS
of GB cod during the fishing years 1996
to 2001, regardless of gear fished.
(ii) TAC allocation. For each fishing
year, the Sector’s allocation of that
fishing year’s GB cod TAC, up to a
maximum of 20 percent of the GB cod
TAC, will be determined as follows:
(A) Sum of the total accumulated
landings of GB cod by vessels identified
in the Sector’s Operations Plan specified
under paragraph (b)(2) of this section,
for the fishing years 1996 through 2001,
regardless of gear used, as reported in
the NMFS dealer database.
(B) Sum of total accumulated landings
of GB cod made by all NE multispecies
vessels for the fishing years 1996
through 2001, as reported in the NMFS
dealer database.
(C) Divide the sum of total landings of
Sector participants calculated in
paragraph (d)(2)(ii)(A) of this section by
the sum of total landings by all vessels
42553
calculated in paragraph (d)(2)(ii)(B) of
this section. The resulting number
represents the percentage of the total GB
cod TAC allocated to the GB Cod Hook
Sector for the fishing year in question.
(iii) Requirements. A vessel fishing
under the GB Cod Fixed Gear Sector
may not fish with gear other than jigs,
non-automated demersal longline, hand
gear, or sink gillnets.
10. In § 648.88, paragraph (c) is
revised to read as follows:
§ 648.88 Multispecies open access permit
restrictions.
*
*
*
*
*
(c) Scallop NE multispecies
possession limit permit. With the
exception of vessels fishing in the Sea
Scallop Access Areas as specified in
§ 648.59(b) through (d), a vessel that has
been issued a valid open access scallop
NE multispecies possession limit permit
may possess and land up to 300 lb
(136.1 kg) of regulated NE multispecies
when fishing under a scallop DAS
allocated under § 648.53, provided the
vessel does not fish for, possess, or land
haddock from January 1 through June
30, as specified under § 648.86(a)(2)(i),
and provided that the amount of
regulated NE multispecies on board the
vessel does not exceed any of the
pertinent trip limits specified under
§ 648.86, and provided the vessel has at
least one standard tote on board. A
vessel fishing in the Sea Scallop Access
Areas as specified in § 648.59(b) through
(d) is subject to the possession limits
specified in § 648.60(a)(5)(ii).
*
*
*
*
*
11. In § 648.89, paragraphs (b)(1),
(c)(1)(i), and (c)(2)(i) are revised, and
paragraphs (b)(3), (c)(1)(v), and (c)(2)(v)
are added to read as follows:
§ 648.89 Recreational and charter/party
vessel restrictions.
*
*
*
*
*
(b) * * *
(1) Minimum fish sizes. Unless further
restricted under paragraph (b)(3) of this
section, persons aboard charter or party
vessels permitted under this part and
not fishing under the NE multispecies
DAS program, and recreational fishing
vessels in or possessing fish from the
EEZ, may not possess fish smaller than
the minimum fish sizes, measured in
total length (TL), as follows:
GPO, insert Table Minimum Fish
Sizes (TL) for Charter, Party, and Private
Recreational Vessels here.
MINIMUM FISH SIZES (TL) FOR CHARTER, PARTY, AND PRIVATE RECREATIONAL VESSELS
Species
Sizes
Cod ..............................................................................................................................................
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MINIMUM FISH SIZES (TL) FOR CHARTER, PARTY, AND PRIVATE RECREATIONAL VESSELS—Continued
Species
Sizes
Haddock .......................................................................................................................................
Pollock .........................................................................................................................................
Witch flounder (gray sole) ...........................................................................................................
Yellowtail flounder ........................................................................................................................
Atlantic halibut .............................................................................................................................
American plaice(dab) ...................................................................................................................
Winter flounder(blackback) ..........................................................................................................
Redfish .........................................................................................................................................
*
*
*
*
(3) GOM cod. Private recreational
vessels and charter party vessels
described in paragraph (b)(1) of this
section, may not possess cod smaller
than 24 inches (63.7 cm) in total length
when fishing in the GOM Regulated
Mesh Area specified under
§ 648.80(a)(1).
*
*
*
*
*
(c) * * *
(1) * * *
(i) Unless further restricted by the
Seasonal GOM Cod Possession
Prohibition, specified under paragraph
(c)(1)(v) of this section, each person on
a private recreational vessel may
possess no more than 10 cod per day in,
or harvested from, the EEZ.
*
*
*
*
*
(v) Seasonal GOM cod possession
prohibition. Persons aboard private
recreational fishing vessels fishing in
the GOM Regulated Mesh Area specified
under § 648.80(a)(1), may not fish for or
possess any cod from November 1
through March 31. Private recreational
vessels in possession of cod caught
outside the GOM Regulated Mesh Area
may transit this area, provided all bait
and hooks are removed from fishing
rods and any cod on board has been
gutted and stored.
(2) * * *
(i) Unless further restricted by the
Seasonal GOM Cod Possession
Prohibition, specified under paragraph
(c)(2)(v) of this section, each person on
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a private recreational vessel may
possess no more than 10 cod per day.
*
*
*
*
*
(v) Seasonal GOM cod possession
prohibition. Persons aboard charter/
party fishing vessels fishing in the GOM
Regulated Mesh Area specified under ’
648.80(a)(1) may not fish for or possess
any cod from November 1 through
March 31. Charter/party vessels in
possession of cod caught outside the
GOM Regulated Mesh Area may transit
this area, provided all bait and hooks
are removed from fishing rods and any
cod on board has been gutted and
stored.
*
*
*
*
*
12. In § 648.92, paragraph (b)(2)(i) is
revised to read as follows:
§ 648.92 Effort-control program for
monkfish limited access vessels.
*
*
*
*
*
(b) * * *
(2) * * *
(i) Unless otherwise specified in
paragraph (b)(2)(ii) of this section, each
monkfish DAS used by a limited access
NE multispecies or scallop DAS vessel
holding a Category C, D, F, G, or H
limited access monkfish permit shall
also be counted as a NE multispecies or
scallop DAS, as applicable, except when
a Category C, D, F, G, or H vessel with
a limited access NE multispecies DAS
permit has an allocation of NE
multispecies Category A DAS, specified
under § 648.82(d)(1), that is less than
the number of monkfish DAS allocated
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19
19
14
13
36
14
12
9
(48.3
(48.3
(35.6
(33.0
(91.4
(35.6
(30.5
(22.9
cm)
cm)
cm)
cm)
cm)
cm)
cm)
cm)
for the fishing year May 1 through April
30. Under this circumstance, the vessel
may fish under the monkfish limited
access Category A or B provisions, as
applicable, for the number of DAS that
equal the difference between the
number of its allocated monkfish DAS
and the number of its allocated NE
multispecies Category A DAS. For such
vessels, when the total allocation of NE
multispecies Category A DAS has been
used, a monkfish DAS may be used
without concurrent use of a NE
multispecies DAS. For example, if a
monkfish Category D vessel’s NE
multispecies Category A DAS allocation
is 30, and the vessel fished 30 monkfish
DAS, 30 NE multispecies Category A
DAS would also be used. However, after
all 30 NE multispecies Category A DAS
are used, the vessel may utilize its
remaining 10 monkfish DAS to fish on
monkfish, without a NE multispecies
DAS being used, provided that the
vessel fishes under the regulations
pertaining to a Category B vessel and
does not retain any regulated NE
multispecies. A vessel holding a
Category C, D, F, G, or H limited access
monkfish permit may not use a NE
multispecies Category B DAS in order to
satisfy the requirement of this paragraph
(b)(2)(i) to use a NE multispecies DAS
concurrently with a monkfish DAS.
*
*
*
*
*
[FR Doc. 06–6444 Filed 7–21–06; 3:36 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 143 (Wednesday, July 26, 2006)]
[Proposed Rules]
[Pages 42522-42554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6444]
[[Page 42521]]
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Part III
Department of Commerce
-----------------------------------------------------------------------
National Oceanic and Atmospheric Administration
-----------------------------------------------------------------------
50 CFR Part 648
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) Provisions; Fisheries of the Northeastern United States;
Northeast (NE) Multispecies Fishery, Framework Adjustment (FW) 42;
Monkfish Fishery, FW 3; Proposed Rule
Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 /
Proposed Rules
[[Page 42522]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060606150-6150-01; I.D. 053106A]
RIN 0648-AT24
Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) Provisions; Fisheries of the Northeastern United
States; Northeast (NE) Multispecies Fishery, Framework Adjustment (FW)
42; Monkfish Fishery, FW 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement measures in FW 42 to
the NE Multispecies Fishery Management Plan (FMP) and FW 3 to the
Monkfish FMP (Joint Framework). FW 42, which was developed by the New
England Fishery Management Council (Council), is a biennial adjustment
to the NE Multispecies FMP that would implement a rebuilding program
for Georges Bank (GB) yellowtail flounder and modify NE multispecies
fishery management measures to reduce fishing mortality rates (F) on
six other groundfish stocks in order to maintain compliance with the
rebuilding program of the FMP. FW 42 also proposes to modify and
continue specific measures to mitigate the economic and social impacts
of Amendment 13 to the NE Multispecies FMP and allow harvest levels to
approach optimum yield (OY).
DATES: Comments must be received on or before August 25, 2006.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: FW42FW3@NOAA.gov. Include in the subject line the
following: ``Comments on the Proposed Rule for Groundfish Emergency
Action.''
Federal e-Rulemaking Portal: https://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 for Framework 42/3.''
Fax: (978) 281-9135.
Copies of FW 42/FW3, its Regulatory Impact Review (RIR), Initial
Regulatory Flexibility Analysis (IRFA), and the Environmental
Assessment (EA) are available from Paul J. Howard, Executive Director,
New England Fishery Management Council, 50 Water Street, The Tannery B
Mill 2, Newburyport, MA 01950. A summary of the IRFA is provided in the
Classification section of this proposed rule. The EA/RIR/IRFA is also
accessible via the Internet at https://www.nefmc.org/nemulti/.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule should be submitted to the Regional Administrator at the address
above and to David Rostker, Office of Management and Budget (OMB), by
e-mail at David--Rotsker@omb.eop.gov, or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Thomas A. Warren, Fishery Policy
Analyst, (978) 281-9347, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
The Council developed Amendment 13 to the NE Multispecies FMP in
order to bring the FMP into conformance with Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) requirements,
including ending overfishing and implementing rebuilding plans for all
overfished groundfish stocks. Amendment 13 was partially approved by
the Secretary of Commerce on March 18, 2004. A final rule implementing
the approved measures in the amendment was published on April 27, 2004
(69 FR 22906), and became effective May 1, 2004.
Amendment 13 also established a biennial FMP adjustment process
that requires the Council to review the fishery periodically using the
most current scientific information available, recommend target TACs,
and recommend to the Regional Administrator any changes to management
measures necessary to achieve the goals and objectives of the FMP. As
part of the biennial adjustment process, a regional peer-review of
stock assessment updates (GARM II; Northeast Fisheries Science Center
Reference Document 05-13) was completed for the 19 stocks managed under
the NE Multispecies FMP during August 2005. Stock assessments were
conducted using data through calendar year 2004, including evaluation
of stock status relative to applicable Amendment 13 biological
reference points (Fmsy and Bmsy). This resulted
in estimates of F's and stock biomasses for calendar year 2004. The
Council's Plan Development Team (PDT) performed an evaluation of the
fishery based upon the results of GARM II and other available
information. The primary goal of the PDT review was to determine the
stocks for which an adjustment in management measures is required in
order to ensure that the current F's levels are consistent with the F's
required under the rebuilding plan.
Based on the information from GARM II and catch data, the PDT
estimated F's for those stocks in need of reductions for calendar year
2005 (F2005), a time period during which the fishery
operated under one suite of regulations (Amendment 13). Specifically,
the PDT utilized available information for a portion of 2005, projected
landings for the remainder of the year (based on current and historic
information), and then estimated the F for the entire calendar year
(F2005).
To determine which of the 19 groundfish stocks were not in
compliance with the Amendment 13 rebuilding plans, for each stock the
required F for 2006 was compared to F2005. The PDT
determined that, with one exception (GB yellowtail flounder), if
F2005 exceeded the Amendment 13 target F for 2006,
adjustment of management measures was necessary. These comparisons
indicated that F2005 for some groundfish stocks was less
than that estimated for 2004 (F2004), but still higher than
the 2006 target F (F2006) specified in the rebuilding
program established under Amendment 13. Table 1 includes the fishing
mortality information discussed above, for stocks targeted by the
proposed management measures in FW 42.
[[Page 42523]]
Table 1: Mortality reduction necessary to achieve fishing year 2006 Amendment 13 fishing mortality targets
----------------------------------------------------------------------------------------------------------------
Amendment 13 Mortality Reduction
Stock F2004 Estimated F2005 F2006 Necessary
----------------------------------------------------------------------------------------------------------------
GOM Cod 0.58 0.37 0.23 32%
----------------------------------------------------------------------------------------------------------------
Cape Cod (CC)/GOM Yellowtail Flounder 0.75 0.48 0.26 46%
----------------------------------------------------------------------------------------------------------------
SNE/Mid-Atlantic (MA) Yellowtail 0.99 0.58 0.26 55%
Flounder
----------------------------------------------------------------------------------------------------------------
SNE/MA Winter Flounder 0.38 0.35 0.32 9%
----------------------------------------------------------------------------------------------------------------
GB Winter Flounder 1.86 NA 1.0 * 46%
----------------------------------------------------------------------------------------------------------------
White Hake 1.18 NA 1.03 13%
----------------------------------------------------------------------------------------------------------------
* Amendment 13 did not establish a 2006 F target for GB winter flounder. Rather, Amendment 13 established the
value of Fmsy as 0.32. However, because model estimates of relative F rate are more precise than estimates of
actual F rates, GARM II presented the estimate of F rate for 2004 in relative terms. The threshold value for
the relative F rate (F2004/Fmsy) for GB winter flounder is 1.0.
NA: An estimate of F2005 for the stocks of GB winter flounder and white hake could not be developed because the
assessments are index based. The necessary F reductions are based upon F2004.
Timing of FW 42 and Relationship to NMFS Secretarial Emergency Action
for May 1, 2006
The Council originally developed FW 42 with the intention of
implementing the management measures on May 1, 2006, as specified by
Amendment 13 and as required by the regulations. However, at its
November 15-17, 2005, meeting, the Council announced that it would not
be able to complete FW 42 in time for NMFS to implement the measures by
the beginning of the fishing year. NMFS determined that the unforeseen
delay of FW 42 implementation beyond May 1, 2006, and the need to
reduce F on specific groundfish stocks as a stop-gap measure, by the
start of the 2006 fishing year, constituted an emergency, as the delay
could cause serious conservation and management problems. Therefore,
NMFS implemented emergency management measures (71 FR 19348; April 13,
2006) for the 2006 fishing year that went into effect on May 1, 2006,
and will remain in effect, at least, until such time that FW 42, if
approved, is implemented. At the time of FW 42 implementation, the
emergency measures would be replaced by the approved FW 42 measures.
The regulatory text in this proposed rule is written to amend the
regulations in 50 CFR part 648 as they appeared prior to implementation
of the emergency rule. The Secretarial emergency action is expected to
have substantially reduced F on most groundfish stocks, but possibly
not to the full extent necessary for all stocks. An analysis of the
combined effects of the Secretarial emergency management measures and
the proposed FW 42 measures (alternative 1) indicates that the combined
measures will be more effective in reducing F in 2006 if FW 42 is
implemented soon after the Secretarial measures went into effect.
Proposed FW 42 Management Measures
The following measures are proposed to be implemented as soon as
possible during the 2006 fishing year. The measures are intended to
continue and modify the management regime implemented by Amendment 13
and subsequent framework adjustments (FW 40-A, FW 40-B, and FW 41), and
to replace measures implemented under Secretarial emergency authority
at the beginning of the 2006 fishing year.
Specifically, the Joint Frameworks would maintain the Amendment 13
default days-at-sea (DAS) reductions for the 2006 fishing year; specify
target Total Allowable Catches (TACs) and Incidental Catch TACs for the
2006, 2007, and 2008 fishing years; implement a Vessel Monitoring
System (VMS) requirement for NE multispecies DAS vessels; implement
differential DAS counting in specific areas of the Gulf of Maine (GOM)
and Southern New England (SNE); implement new commercial trip limits
for several NE multispecies; renew and modify the Regular B DAS
Program, including the rules pertaining to monkfish vessels; renew and
modify the Eastern U.S./Canada Haddock Special Access Program (SAP);
renew the DAS Leasing Program; modify the Closed Area (CA) I Hook Gear
Haddock SAP; implement the GB Cod Fixed Gear Sector; provide
flexibility for vessels to fish inside and outside of the Eastern U.S./
Canada Management Area on the same trip; modify reporting requirements
for Special Management Programs (The U.S./Canada Management Area; the
Regular B DAS Pilot Program; CA I Hook Gear Haddock SAP; CA II
Yellowtail Flounder SAP, and the Eastern U.S./Canada Haddock SAP Pilot
Program); modify the DAS Transfer Program; modify the trawl codend mesh
size requirement in the SNE Regulated Mesh Area (RMA); modify the
Regional Administrator's authority to adjust certain possession limits;
and modify the recreational possession restrictions and size limits for
GOM cod.
1. Recreational Restrictions
Under this proposed action, private recreational vessels and
vessels fishing under the charter/party regulations of the NE
Multispecies FMP would be prohibited from possessing or retaining any
cod from the GOM RMA from November 1 - March 31. Also, the minimum size
of cod for private recreational vessels and charter/party vessels
fishing in the GOM would be increased from 22 inches (56 cm) to 24
inches (61 cm). Private recreational and charter/party vessels would be
allowed to transit the GOM RMA with cod caught from outside this area,
provided all bait and hooks are removed from fishing rods and all cod
are stored in coolers or ice chests.
These measures are intended to achieve a reduction in GOM cod F for
fish caught by the recreational sector that is equivalent to the GOM
cod F reduction required of the commercial sector. The gear and cod
stowage requirements are necessary to properly enforce these measures.
These measures are consistent with the Secretarial measures implemented
on May 1, 2006.
2. GB yellowtail flounder rebuilding plan
Although F2004 for GB yellowtail flounder was above
Fmsy, adjustment of management measures for this stock is
not necessary because F is limited by a
[[Page 42524]]
hard TAC (i.e., fishing on the stock is prohibited when such a TAC is
reached). This TAC is specified on an annual basis through a process
described at Sec. 648.85(a)(2), in accordance with the U.S./Canada
Resource Sharing Understanding. Two assessment approaches were used to
evaluate the GB yellowtail flounder stock status. Both indicated that
biomass increased since the mid 1990s and recent recruitment has
improved, but that F has fishing mortality remained substantially above
Fmsy. Based on this review and the recommendation of the
Transboundary Management Guidance Committee, the Council recommended a
GB yellowtail flounder hard TAC of 2,070 mt for fishing year 2006; the
U.S. portion of the shared TAC of 3,000 mt. The shared TAC of 3,000 mt
represents a neutral risk, i.e., it has approximately a 50-percent
chance of exceeding the Fmsy of 0.25. NMFS implemented
specification of the 2006 yellowtail flounder TAC on May 1, 2006 (71 FR
25095, April 28, 2006). The hard TAC of 2,070 mt for GB yellowtail
flounder represents a 51-percent reduction from the 2005 TAC, and would
constrain fishing effort to the appropriate level to achieve the
required F reduction.
Based upon the scientific information from GARM II, GB yellowtail
flounder is in an overfished condition (i.e., the stock biomass is less
than 50 percent of the stock size associated with maximum sustainable
yield (Bmsy ). To address this, FW 42 proposes a rebuilding
plan for GB yellowtail flounder, whereby GB yellowtail flounder would
be rebuilt from its current stock size to Bmsy using an adaptive
strategy that rebuilds the stock by 2014 with approximately a 75-
percent probability of success. Under the adaptive strategy, the
maximum F on the stock through 2008 would be set at Fmsy
(0.25), and subsequent changes to F required to complete rebuilding by
2014 (Frebuild) would be developed in the 2009 biennial
adjustment required be the NE Multispecies FMP. This rebuilding
strategy and 2014 timeline was selected by the Council to be consistent
with the rebuilding timelines for most of the stocks in the FMP, and to
take into account uncertainty regarding the assessment of the stock.
The proposed rebuilding strategy is consistent with the management
strategy agreed to under the U.S. cooperative management agreement with
Canada.
3. Target TACs
Target TACs are proposed in this rule pursuant toSec.
648.90(a)(2), which requires the Council to develop new target TACs
based upon the most recent scientific information, as part of the
biennial adjustment process. Thus, this rule proposes necessary target
TACs for all groundfish stocks for fishing years (FY) 2006, 2007, and
2008. The following proposed target TACs were developed by the
Council's PDT and were calculated from projections of future catches,
using recent assessment data, and the Amendment 13 target F's.
Table 2. Proposed Target TACs for 2006 through 2008 (mt, live weight).
----------------------------------------------------------------------------------------------------------------
Species Stock 2006 2007 2008 Composition
----------------------------------------------------------------------------------------------------------------
Cod GB 7,458 9,822 11,855 E *
----------------------------------------------------------------------------------------------------------------
GOM 5,146 10,020 10,491 C *
----------------------------------------------------------------------------------------------------------------
Haddock GB 49,829 103,329 121,681 E
----------------------------------------------------------------------------------------------------------------
GOM 1,279 1,254 1,229 A
----------------------------------------------------------------------------------------------------------------
Yellowtail flounder GB 2,070 see footnote D *
----------------------------------------------------------------------------------------------------------------
SNE/Mid- 146 213 312 B *
Atlantic
(MA)
----------------------------------------------------------------------------------------------------------------
Cape Cod 650 1,078 1,406 B *
(CC)/GOM
----------------------------------------------------------------------------------------------------------------
American plaice - 3,666 4,104 5,121 B *
----------------------------------------------------------------------------------------------------------------
Witch flounder - 5,511 5,075 4,331 A *
----------------------------------------------------------------------------------------------------------------
Winter flounder GB 1,424 1,604 1,782 A *
----------------------------------------------------------------------------------------------------------------
GOM see footnote C
----------------------------------------------------------------------------------------------------------------
SNE/MA 2,481 3,016 3,577 C *
----------------------------------------------------------------------------------------------------------------
Redfish - 1,946 2,075 2,167 A
----------------------------------------------------------------------------------------------------------------
White hake - 2,056 1,676 1,367 E *
----------------------------------------------------------------------------------------------------------------
Pollock - 12,005 12,005 12,005 E
----------------------------------------------------------------------------------------------------------------
Windowpane flounder North 389 389 389 A
----------------------------------------------------------------------------------------------------------------
South 173 166 159 A
----------------------------------------------------------------------------------------------------------------
Ocean pout - 38 38 38 A
----------------------------------------------------------------------------------------------------------------
Atlantic halibut - NA NA NA NA
----------------------------------------------------------------------------------------------------------------
A - Commercial Landings
B - Commercial Landings and Discards
C - Commercial Landings, Discards, and RecreationalHarvest
D - Commercial Landings and Discards (U.S. portion of U.S./Canada TAC)
E - Commercial Landings (U.S. and Canada)
[[Page 42525]]
* For Stocks of Concern: Incidental TAC is a subset of Target TAC.
GARM II did not develop a TAC for GOM winter flounder because of uncertainties in the assessment.
Note, proposed TACs for GB cod and GB haddock include Canadian landings.
GB yellowtail flounder TACs are hard TACs, which are determined annually and cannot be specified in advance.
2006 GB yellowtail flounder TAC was implemented on April 28, 2006 (71 FR 25095).
4. Incidental Catch TACs
The values of Incidental Catch TACs for fishing years 2006 through
2008 are proposed in this rule pursuant to the regulations at Sec.
648.85(b)(5), which require the Council to develop new Incidental Catch
TACs based upon the most recent scientific information, as part of the
biennial FMP adjustment process. FW 40-A (69 FR 67780; November 14,
2004) initially implemented Incidental Catch TACs to limit the
potential for the use of Category B DAS to cause excessive fishing
mortality on stocks of concern that would likely be caught in the
program. For the NE multispecies fishery, a stock of concern is defined
as ``a stock that is in an overfished condition, or that is subject to
overfishing''. FW 40-A implemented Incidental Catch TACs for the
following eight stocks, based upon the same stock status information
that was used in the development of Amendment 13: GOM cod, GB cod, CC/
GOM yellowtail flounder, American plaice, white hake, SNE/MA yellowtail
flounder, SNE/MA winter flounder, and witch flounder. FW 40-A also
implemented percentage allocations of the Incidental Catch TACs among
the Special Management Programs (with the exception of the U.S./Canada
Management Area) and specified values for those Incidental Catch TACs
for portions of the 2004 fishing year. FW 40-B (70 FR 31323; June 1,
2005) modified the percentage allocations of the Incidental Catch TACs
among Special Management Programs (including allocations for the two
Special Management Programs that were proposed but not approved by NMFS
(i.e., the Western GOM Haddock SAP and Research Set-Aside Program) and
specified values for Incidental Catch TACs for fishing years 2005 and
2006. FW 41 (70 FR 54302; September 14, 2005), modified the percentage
allocation of the Incidental Catch TACs among Special Management
Programs to include the CA I Hook Gear Haddock SAP, and specified
values for the Incidental Catch TACs through the 2006 fishing year.
Although Incidental Catch TACs for 2006 were specified in FW 41, this
action proposes to modify definitions of the Incidental Catch TACs with
respect to the target TACs, modify the allocation of Incidental Catch
TACs among Special Management Programs, and specify values of all
Incidental Catch TACs, based upon the most recent scientific
information (GARM II).
In addition to the actions described above that relate to the
Incidental Catch TACs for the eight stocks of concern noted above, this
action proposes to define GB yellowtail flounder and GB winter flounder
as additional stocks of concern, define the size of the Incidental
Catch TACs (with respect to the target TACs) that are likely to be
caught in the Special Management Programs, specify values for the 2006
through 2008 fishing years, and allocate the Incidental Catch TACs
among Special Management Programs.
This action would further clarify the relationship between target
TACs and Incidental Catch TACs; that is, Incidental Catch TACs are
considered as a subset of the pertinent target TACs (rather than as
amounts in excess of the target TACs). This clarification would
increase the utility of target TACs as a tool used to evaluate the
effectiveness of the management measure.
Table 3. Proposed Definition of Incidental Catch TACs (percent) and Specification of TACs for 2006 through 2008
(mt).
----------------------------------------------------------------------------------------------------------------
Percentage of Total
Stock of Concern Target TAC 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
GB Cod Two 122.6 * *
----------------------------------------------------------------------------------------------------------------
GOM cod One 49.9 99.0 103.9
----------------------------------------------------------------------------------------------------------------
GB yellowtail flounder Two 41.4 * *
----------------------------------------------------------------------------------------------------------------
CC/GOM yellowtail flounder One 6.5 10.8 14.1
----------------------------------------------------------------------------------------------------------------
SNE/MA yellowtail flounder One 1.5 2.1 3.1
----------------------------------------------------------------------------------------------------------------
American plaice Five 183.3 205.2 256.1
----------------------------------------------------------------------------------------------------------------
Witch flounder Five 275.6 253.8 216.6
----------------------------------------------------------------------------------------------------------------
SNE/MA winter flounder One 24.8 30.2 35.6
----------------------------------------------------------------------------------------------------------------
GB winter flounder Two 28.5 32.1 35.6
----------------------------------------------------------------------------------------------------------------
White hake Two 41.1 33.5 27.3
----------------------------------------------------------------------------------------------------------------
* Note: GB cod and GB yellowtail flounder, TACs are determined annually and cannot be estimated in advance.
Table 4. Allocation of Incidental Catch TACs among Category B DAS
Programs (shown as a percentage of the Incidental Catch TAC).
------------------------------------------------------------------------
Closed
Area I
Regular Hook Eastern U.S./Canada
Stock of Concern B DAS Gear Haddock SAP
Program Haddock
SAP
------------------------------------------------------------------------
GOM cod 100% NA NA
------------------------------------------------------------------------
[[Page 42526]]
GB cod 50% 16% 34%
------------------------------------------------------------------------
CC/GOM yellowtail flounder 100% NA NA
------------------------------------------------------------------------
American plaice 100% NA NA
------------------------------------------------------------------------
White hake 100% NA NA
------------------------------------------------------------------------
SNE/MA yellowtail flounder 100% NA NA
------------------------------------------------------------------------
SNE/MA winter flounder 100% NA NA
------------------------------------------------------------------------
Witch flounder 100% NA NA
------------------------------------------------------------------------
GB yellowtail flounder 50% NA 50%
------------------------------------------------------------------------
GB winter flounder 50% NA 50%
------------------------------------------------------------------------
5. Default Modifications to DAS Allocations
The Amendment 13 rebuilding strategy established two ``default''
measures that would automatically reduce F on multiple groundfish
species, particularly for American plaice and SNE/MA yellowtail
flounder, beginning in fishing year 2006, unless certain criteria are
met. The criteria defined various conditions, indicating improvements
to the fishery (i.e., fishing mortality and biomass status) that would
have to be met in order for the default measures to be automatically
voided. These default measures for FY 2006 include a revision of the
DAS allocation ratio of Category A:B DAS from 60:40 to 55:45, and
differential DAS counting in the SNE/MA RMA at a rate of 1.5:1. Based
on the results of GARM II, the default criteria have not been met and
further reductions in F are, therefore, required (as described above).
This action does not change the Amendment 13 default measure DAS
allocations (Category A and B DAS) for FY 2006-2008, but it would
replace the default differential DAS counting measure in the SNE RMA.
FW 42 proposes a FY 2006-2008 DAS ratio of 55:45 (Category A: B DAS),
which represents an 8.3-percent reduction in the number of Category A
DAS allocated by Amendment 13. This action would revise the Amendment
13 default differential DAS counting measure in the SNE/MA RMA, as
described in section 8 of this preamble.
6. VMS Requirement
This proposed rule would implement a requirement that all limited
access NE multispecies DAS vessels using a groundfish DAS must be
equipped with an approved VMS that meets the requirements of 50 CFR
648.9. Under FW 42, it would be illegal for a limited access NE
multispecies DAS vessel to fish under a groundfish DAS without an
approved VMS. A vessel owner with a limited access NE multispecies DAS
permit who does not intend to and does not fish any of his/her
groundfish DAS during the fishing year would be permitted to renew the
vessel's limited access permit without having an approved VMS, but
would not be able to fish any of the vessel's groundfish DAS for that
fishing year. This VMS requirement would be implemented at the same
time as the rest of the proposed FW 42 management measures, unless
vessels are otherwise notified by NMFS. As required under current VMS
regulations, a vessel owner would be required to provide pertinent
information (e.g., type of VMS unit, installation date, dealer, etc.)
to NMFS prior to being eligible to use VMS. NMFS would send letters to
all limited access NE multispecies DAS permit holders and provide
detailed information on the procedures pertaining to VMS purchase,
installation, and use. This rule would clarify that when a vessel is
subject to multiple, conflicting VMS regulations of different programs
(within the NE Multispecies FMP, or by other FMPs), the most
restrictive requirement would apply. For example, a vessel fishing in
both the Eastern U.S./Canada Area and in one of the Differential DAS
Areas (described in sections 7 and 8 of this preamble) on the same trip
would be subject to the VMS restrictions that pertain to both programs.
Although this rule proposes a mandatory VMS requirement, NE
multispecies DAS vessels would still be required to declare periods out
of the fishery (spawning block out and Day Gillnet vessel blocks out)
through the Interactive Voice Response (IVR) call-in system. As under
current regulations, the Regional Administrator would retain the
authority to require limited access NE multispecies vessels to utilize
the IVR system in lieu of the VMS system for the administration of DAS
requirements. In addition, the Regional Administrator would be
authorized to require vessels to obtain a Letter of Authorization (LOA)
as an alternate method of enforcing a possession limit, if the proposed
VMS requirement is delayed or not operational.
7. Differential DAS Counting in GOM
Under this proposed rule, all NE multispecies Category A DAS used
by a vessel that has declared (through VMS, or other means approved by
the Regional Administrator), prior to leaving the dock, that it will be
fishing, i.e., harvesting fish any portion of its trip in the GOM
Differential DAS Area, with the exception noted below, (for a Day
gillnet vessel), would be charged at a rate of 2:1, regardless of area
fished. The proposed GOM Differential DAS Area (defined in the
regulatory text portion of this document), includes most of the area
west of 69[deg] 30' W. long. and between 41[deg] 30' and 43[deg] 30' N.
lat (between approximately Monomoy Island, MA and Portland, ME). Day
gillnet vessels would be charged DAS at a rate of 2:1 for the actual
hours used for any trip of less than 3 hr in duration, and for any trip
of greater than 7.5 hr. For Day gillnet trips between 3 and 7.5
[[Page 42527]]
hr duration, vessels would be charged a full 15 hr. For example, a
trawl vessel that has declared into the GOM Differential DAS Area and
accrued 2.5 hr to and from the VMS demarcation line would be charged 5
hr (2.5 hr x 2) of DAS use. Conversely, a Day gillnet vessel that has
declared into the GOM Differential DAS Area and accrued 5 hr would be
charged for 15 hr of DAS use (between 3 and 7.5 hr = 15 hr); a Day
gillnet vessel fishing in the GOM Differential DAS Area for 8 hr would
be charged for 16 hr of DAS use (8 hr x 2). On any trip in which a
vessel declares, prior to leaving the dock, that it will be fishing,
i.e., harvesting fish, in the GOM Differential DAS Area under a
Category A DAS, the vessel would be charged at the differential DAS
rate for the entire fishing trip, even if only a portion of the trip is
spent fishing in the GOM Differential DAS Area. At no time may a vessel
fish under a Category A DAS in the GOM Differential DAS Area, unless it
has declared into this area prior to the start of the trip, or unless
circumstances beyond a vessel's control exit, as described below. A
vessel that did not declare its intent to fish in the GOM Differential
DAS Area would be permitted to transit the area, provided its fishing
gear is properly stowed according to the regulations. In addition, a
vessel that has not declared its intent to fish in the GOM Differential
DAS Area may also be in the area when not transiting due to bad
weather, or other circumstances beyond its control, provided its
fishing gear is properly stowed and provided the vessel immediately
notifies NMFS through it's VMS.
No changes to the Monkfish FMP are proposed to accomodate to the
multispecies Differential DAS rules, but the following is an
explanation of how the proposed groundfish regulations would work with
the current Monkfish FMP. A vessel issued a limited access monkfish
Category C, D, permit and that has declared into the GOM Differential
DAS Area under a monkfish DAS (thereby using both a monkfish and NE
multispecies DAS) would have its NE multispecies DAS charged at a rate
of 2:1, but its monkfish DAS would continue to be charged at a rate of
1:1. The current regulations allow a monkfish Category C and D vessel
to fish under a monkfish-only DAS, when groundfish DAS are no longer
available, to ensure that it could fish its full allocation of monkfish
DAS. Under this proposed rule, vessels fishing under a monkfish-only
DAS would continue to be required to fish under the provisions of the
monkfish Category A or B permit. Such a vessel would be limited to
monkfish-only DAS equal to its net monkfish DAS allocations (including
carry-over DAS) minus its net NE multispecies Category A DAS allocation
(including carry-over DAS). This proposed rule would continue to
provide a monkfish vessel with an amount of ``monkfish only'' DAS based
upon its current allocations of monkfish and NE multispecies DAS, but
would not expand this number to account for the effects on monkfish DAS
due to the differential DAS measures proposed under this rule. For
example, if a Category C monkfish vessel allocated 40 monkfish DAS has
a current NE multispecies DAS allocation of 15 DAS, the maximum number
of monkfish-only DAS that the vessel would be able to fish would be 25
DAS (40 monkfish DAS - 15 NE multispecies DAS). However, for a vessel
fishing under differential DAS, the overall amount of monkfish DAS that
could be used is effectively reduced because the NE multispecies DAS
are used at the differential rate. For instance, in the example above,
if the vessel fished all 15 NE multispecies DAS at the differential DAS
rate, the vessel would use up its allocation of NE multispecies DAS
after 7.5 days of actual time fished (7.5 days x 2.0 = 15 DAS).
Therefore, after the vessel fished all of its NE multispecies DAS at
the differential rate, it would have a balance of 32.5 monkfish DAS (40
- 7.5 = 32.5), but the vessel would be able to fish only up to 25 of
its monkfish DAS as ``monkfish-only'' DAS.
For a vessel that has declared that it is fishing in the GOM
Differential DAS Area, trip limits would apply based on the actual days
spent fishing (time from Demarcation line to Demarcation line), and not
on the basis of the differential DAS that would be charged for the
trip. The cod possession limit rule that requires vessels to ``run the
clock'' to fully account for each daily limit of cod caught would not
apply to trips charged at the differential DAS rate (for both GOM and
GB cod). For example, if the trip of a vessel declared into the GOM
Differential DAS Area lasts for 25 hr actual time, the vessel would be
allowed to catch twice the daily limit of GOM cod (800 lb (362.9 kg)
per DAS), and would be charged 50 hr of DAS. Because differential DAS
would apply only to Category A DAS, a vessel that fishes in the GOM
Differential DAS Area under the Regular B DAS Program (and ends its
trip under a Regular B DAS) would not be subject to the differential
DAS counting and would be subject to the DAS counting rules of the
Regular B DAS Program.
A vessel that fishes inside and outside of the Eastern U.S./Canada
Area on the same trip (as described in section 15 of this preamble) may
also fish in the GOM Differential DAS Area, provided the vessel
declares its intent to fish in the area via VMS prior to leaving the
Eastern U.S./Canada Area.
The GOM Differential DAS restrictions are designed to reduce F on
three stocks of fish: GOM/CC yellowtail flounder, GOM cod, and white
hake.
8. Differential DAS Counting in SNE
Under this proposed rule, all NE multispecies Category A DAS used
by a vessel that has declared (through VMS, or other means approved by
the Regional Administrator), prior to leaving the dock, that it will be
fishing, i.e., harvesting fish, in any portion of its trip in the SNE
Differential DAS Area, with the exception noted below, would be charged
at a rate of 2:1, when fishing in a specific portion of the SNE RMA. At
no time may a vessel fish, except for transiting purposes only, under a
Category A DAS in the SNE Differential DAS Area, unless it has declared
into the area prior to the start of the trip. The proposed SNE
Differential DAS Area (defined in the regulatory text portion of this
document) is an irregular shaped, offshore area extending from 73[deg]
40' W. long., east to 69[deg] 30' W. long. (from south of western Long
Island to north of the Nantucket Lightship Closed Area). On any trip in
which a vessel declares, prior to leaving the dock, via its VMS unit,
that it will be fishing, i.e., harvesting fish, in the SNE Differential
DAS Area under a Category A DAS, the vessel would be charged at the
differential DAS rate for that portion of the trip spent in the SNE
Differential Area (as determined from VMS positional data). The time
spent outside this area would be charged at the rate of 1:1. For
example, a trawl vessel that declared into the SNE Differential DAS
Area through its VMS unit and for which 12 hr of actual time had
elapsed from the time the vessel crossed the demarcation line at the
beginning of its trip to the time the vessel crossed the demarcation
line on its return home to port, 4 hr of which was spent fishing in the
SNE Differential DAS Area, the total DAS for that trip would equal 16
hr (8 hr of actual time and 8 hr (4 x 2) of differential DAS time). A
Day gillnet vessel that declared into the a SNE Differential DAS Area
through VMS would be charged according to the following formula for the
time fished in this area: For hours accrued in the area less than 3
hours or greater than 7.5
[[Page 42528]]
hours, vessels would be charged at a rate of 2:1; for hours accrued in
the area between 3 and 7.5 hr, vessels would be charged a full 15 hr.
For example, under this proposed rule, a Day gillnet vessel fishing in
the SNE Differential DAS Area for 5 hr would be charged 15 hr of DAS
(plus actual time for any time that the vessel fished outside the
area). For trips where a Day gillnet vessel declares into the SNE
Differential DAS Area, the application of the DAS accrual formula
described above would not supersede the DAS accounting formula that
applies to all NE multispecies Day gillnet vessels. In other words, the
net DAS charge for a Day gillnet vessel for a trip declared into the
SNE Differential DAS Area may not be less than the DAS that would
accrue on the same length trip by a Day gillnet vessel not declared
into the SNE Differential DAS Area.
If the Regional Administrator requires the use of the IVR or other
non-VMS reporting system, a vessel fishing for any portion of its trip
in the SNE Differential DAS Area would be charged at the rate of 2:1
for the entire trip, in a manner similar to that described for
differential DAS counting in the GOM Differential DAS Area (see section
7 of this preamble). Using IVR or IVR technology, it is not possible to
determine the amount of time a vessel fishes inside the SNE
Differential DAS Area, and therefore the vessel must be charged at the
differential rate for the entire trip. Further, if a vessel fishes in
both the GOM and SNE Differential DAS Area on the same trip, the vessel
would be charged at the rate of 2:1 for the entire trip.
Similar to fishing in the GOM Differential DAS Area, a vessel
issued a limited access monkfish Category C, D permit that has declared
into the SNE Differential DAS Area under a monkfish DAS (and therefore
accruing both monkfish and NE multispecies DAS) would have its NE
multispecies DAS charged at a rate of 2:1, as described above, and its
monkfish DAS charged at a rate of 1:1.
A vessel that does not declare its intent to fish, i.e., harvest
fish, in the SNE Differential DAS Area under a Category A DAS would be
permitted to transit the area, provided its fishing gear is properly
stowed while transiting the Area according to the regulations.
The SNE Differential DAS restrictions are designed to reduce F on
three stocks of fish: SNE/MA yellowtail flounder, SNE winter flounder,
and white hake.
Similar to how trip limits would be counted when fishing in the GOM
Differential DAS Area, for trips declared into the SNE Differential DAS
Area, all trip limits would apply based on the actual days spent
fishing, and not on the basis of the number of DAS charged. A vessel
fishing under the Regular B DAS Program (that ends its trip under a
Regular B DAS) would not be subject to differential DAS counting,
regardless of where it fishes.
A vessel that fishes inside and outside of the U.S./Canada Area on
the same trip (as described in section 15 of this preamble) could also
fish in the SNE Differential DAS Area, provided the vessel declares its
intent to fish in the area via VMS prior to leaving the Eastern U.S./
Canada Area.
9. Commercial Trip Limits
This proposed rule does not change the Amendment 13 GOM cod trip
limit (800 lb (362.9 kg) per DAS, up to 4,000 lb (1,818.2 kg) per
trip). This proposed rule would implement new trip limits for white
hake and GB winter flounder, modify the existing trip limits for the
three yellowtail flounder stocks (CC/GOM, GB, and SNE/MA), and modify
the haddock trip limit and the GOM cod trip limit exemption and cod
overage regulations.
Under this action, a NE multispecies DAS vessel fishing under
Category A DAS (and a vessel in another fishery that is subject to the
NE multispecies possession and trip limit regulations) may land up
1,000 lb (453.6 kg) of white hake per DAS, or any part of a DAS, up to
10,000 lb (4,536.2 kg) per trip. A NE multispecies DAS vessel fishing
under a Category A DAS (and a vessel in another fishery that may
possess regulated NE multispecies) that has declared into the U.S./
Canada Management Area may land up to 5,000 lb (2,268.1 kg) of GB
winter flounder per trip. The U.S./Canada Management Area is defined as
the same geographic area as the GB winter flounder stock area.
The Amendment 13 final rule implemented the following seasonal trip
limits for the CC/GOM stock of yellowtail flounder: 250 lb (113.6 kg)
per trip during April, May, October, and November, and 750 lb (340.2
kg) per DAS, up to 3,000 lb (1,364.0 kg) per trip, during June -
September, and December - March. In addition, the Amendment 13 final
rule implemented the following seasonal trip limit for the SNE/MA stock
of yellowtail flounder: 250 lb (113.6 kg) per trip during March - June,
and 750 lb (340.2 kg) per DAS, up to 3,000 lb (1,364.0 kg) per trip,
during July - February. This proposed rule would modify these trip
limits implemented through Amendment 13 for CC/GOM and SNE/MA stocks of
yellowtail flounder by implementing the same trip limits for the entire
year. Under this proposed rule, NE multispecies DAS vessels fishing
under Category A DAS (and vessels in other fisheries that are subject
to the NE multispecies possession and trip limit regulations) could
land only up to 250 lb (113.6 kg) per DAS, or any part of a DAS, up to
1,000 lb (453.6 kg) per trip of CC/GOM or SNE/MA yellowtail flounder
for the entire fishing year. NMFS proposes to eliminate the current
rule requiring vessels to obtain and possess on board a yellowtail
flounder LOA issued by the Regional Administrator in order to land
yellowtail flounder from either of these two stocks because
enforceability of these proposed trip limits would be improved (because
they would be the same under this proposed rule). The requirement for a
LOA was implemented under Amendment 13 in order to enable enforcement
of the yellowtail flounder trip limits.
This proposed rule would expand the Regional Administrator's
authority to change the GB yellowtail flounder trip limit. In addition,
guidance was developed in FW 42 to assist the Regional Administrator
regarding potential in-season modifications to the trip limit (see
Table 5 for suggested guidance offered by the Council). Under Amendment
13 regulations, there is no initial trip limit for GB yellowtail
flounder. When it is projected that 70 percent of the yellowtail
flounder will be harvested, current regulations require a trip limit of
1,500 lb (680.4 kg) per day, up to 15,000 lb (6,804.1 kg) per trip.
However, the Regional Administrator may modify various management
measures, including trip limits when it is projected that 30 and 60-
percent of the GB yellowtail flounder TAC will be harvested.
This proposed rule would remove the required trip limit imposed at
70 percent of the TAC, and the threshold harvest levels of 30 percent
and 60 percent before other management measures can be adjusted. In
place of the current measures, this proposed rule would implement an
initial GB yellowtail flounder possession limit of 10,000 lb (4,536.2
kg) per trip and allow the Regional Administrator to make adjustments
to the GB yellowtail flounder trip limit at any time during the fishing
year, including eliminating or adjusting the initial 10,000-lb
(4,536.2-) trip limit before the start of the fishing year, in order to
prevent exceeding the TAC or to facilitate harvesting the GB yellowtail
flounder TAC, in a manner consistent with the Administrative Procedure
Act (this is more fully described under section 22 of this preamble).
If no trip limit were specified for the beginning of a fishing year,
the 10,000 lb yellowtail flounder
[[Page 42529]]
trip limit would remain in effect. The Regional Administrator may
specify yellowtail flounder trip limits for the whole U.S./Canada
Management Area or for either of the sub-areas (Western Area or Eastern
Area). Following are catch thresholds and associated trip limits
offered as guidance by the Council for the Regional Administrator's
consideration.
Table 5. GB Yellowtail Flounder Trip Limit Adjustment Guidance.
----------------------------------------------------------------------------------------------------------------
If catch is projected to
reach 30% of the TAC during If catch is projected to reach 60%
Fishing Year Quarter the specified quarter, the of the TAC during the specified
suggested trip is as quarter, the suggested trip is as
follows: follows:
----------------------------------------------------------------------------------------------------------------
Quarter 1 7,500 lb (3,402.1 kg) 3,000 lb (1,360.9 kg)
----------------------------------------------------------------------------------------------------------------
Quarter 2 10,000 lb (4,536.2 kg) 5,000 lb (2,268.1 kg)
----------------------------------------------------------------------------------------------------------------
Quarter 3 25,000 lb (11,340.4 kg) 10,000 lb (4,536.2 kg)
----------------------------------------------------------------------------------------------------------------
Quarter 4 remove trip limit 25,000 lb (11,340.4 kg)
----------------------------------------------------------------------------------------------------------------
This proposed rule would eliminate the current initial haddock trip
limit provision (May-Sept 3,000 lb (1,360.8 kg) per DAS up to 30,000 lb
(13,608 kg) per trip; Oct-Apr 5,000 lb (2,268 kg) per DAS up to 50,000
lb (22,680 kg) per trip) and as more fully described under section 22,
of this preamble, the automatic trip limit reduction for Eastern GB
haddock (1,500 lb (680.4 kg) per DAS or up to 15,000 lb (6,804.1 kg)
per trip) when 70 percent of the TAC is projected by the Regional
Administrator.
With respect to monitoring and enforcing trip limits, NMFS is
proposing changes that would eliminate administrative requirements that
NMFS believes are no longer necessary in the context of FW 42. If VMS
is approved and implemented as proposed in this rule (see section 6 of
this preamble), NMFS would eliminate the requirement for NE
multispecies DAS vessels to obtain a GB Cod Trip Limit Exemption Letter
(LOA) from the Regional Administrator when fishing outside of the GOM
RMA, if the vessel operator desires to be exempt from the more
restrictive cod trip limit in the GOM, because this law enforcement
tool would no longer be necessary. Instead, with the exception of
vessels declared into the U.S./Canada Management Area, a NE
multispecies DAS vessel fishing south of the GOM RMA must declare
through the VMS, prior to leaving the dock in accordance with
instructions to be provided by the Regional Administrator, its intent
to fish south of the GOM RMA in order to be subject to the less
restrictive GB cod trip limits. Such a vessel would be exempt from the
GOM cod landing limit, but could not fish in the GOM RMA for the
duration of the trip. Such a vessel could transit the GOM RMA, provided
that its gear is properly stowed while in the GOM RMA. A vessel that
has not declared through VMS that it would be fishing south of the GOM
RMA, would be subject to the most restrictive applicable cod trip
limit, regardless of area fished.
The Regional Administrator would retain the authority to require a
vessel to obtain a GOM Cod Trip Limit Exemption LOA (as under current
regulations), should implementation of the VMS requirement be delayed
or if NMFS's administration of the VMS program is not operational. If
an LOA is required, such a vessel may not fish north of the exemption
area for a minimum of 7 consecutive days (when fishing under the
multispecies DAS program), and must carry the LOA on board.
For a vessel that is not fishing in either of the two differential
DAS areas and that catches cod in excess of the GOM or GB cod trip
limits (i.e., the vessel possesses up to 1 extra day's worth of cod in
relation to the amount of DAS that have elapsed), the current
requirement for vessels to ``run'' their clocks upon entering port (to
account for the amount of cod on board) would be replaced by a
requirement to make a declaration via VMS prior to crossing the VMS
demarcation line. For a vessel making this VMS declaration, NMFS would
make the appropriate increase to the DAS accrued (up to 23 hours and 59
minutes) to round up the next 24 hr increment of DAS.
10. Regular B DAS Program
The Regular B DAS Pilot Program was originally implemented by the
FW 40-A final rule (69 FR 67780; November 19, 2004), and was intended
to provide opportunities to use Regular B DAS outside of a SAP to catch
stocks that can withstand additional fishing effort. This program
included a variety of management measures designed to reduce the
potential impacts of the use of Regular B DAS on stocks of concern
(e.g., DAS limits, low trip limits and Incidental Catch TACs for stocks
of concern). Because of the uncertainties regarding the impacts of the
Regular B DAS Program, this specialized fishery was characterized as a
``Pilot'' Program and a program expiration date of October 31, 2005,
was specified. This proposed rule would renew the Regular B DAS
Program, but modify certain aspects in order to further reduce the
potential risks associated with the use a Regular B DAS and to minimize
impacts to the monkfish fishery. The program would no longer be
characterized as a APilot,'' and would remain in effect indefinitely.
The full program is described below, with the changes from the previous
Pilot Program noted.
The proposed action would allow limited access NE multispecies DAS
vessels with an allocation of Regular B DAS to fish under the Regular B
DAS Program to catch relatively healthy groundfish stocks (GB haddock,
pollock, redfish, GOM winter flounder and GOM haddock). GB winter
flounder and GB yellowtail flounder could no longer be considered
healthy stocks under the Regular B DAS Program because they would be
considered ``stocks of concern'' for which fishing mortality reductions
are required under this proposed rule. Vessels eligible to fish in the
Regular B DAS Program would not be allowed to fish in this program and
in a SAP (e.g., the Eastern U.S./Canada Haddock SAP, CA I Hook Gear
Haddock SAP, or CA II yellowtail flounder SAP) on the same trip. In
order to limit the potential biological impacts of the program, only
500 Regular B DAS could be used during the first quarter of the
calendar year (May through July), while 1,000 Regular B DAS could be
used in subsequent quarters (August through October, November through
January, and February through April). DAS that are not used in one
quarter would not
[[Page 42530]]
be available for use in subsequent quarters. The limitation of 500 DAS
during the first quarter would represent a modification from the Pilot
Program, which allowed the use of 1,000 DAS during the first quarter,
and would provide further protection for stocks of concern, especially
GB winter flounder, which was caught in relatively large numbers during
the first quarter of the 2005 fishing year. As implemented previously
under FW 40-A, Regular B DAS would accrue at the rate of 1 DAS for each
calendar day, or part of a calendar day, fished.
A vessel participating in this program would be required to be
equipped with an approved VMS (this requirement would be separate from
the general VMS requirement proposed for all groundfish DAS vessels).
The vessel owner or operator would be required to notify the NMFS
Observer Program at least 72 hr in advance of a trip in order to
facilitate observer coverage. This notice would require reporting of
the following information: The general area or areas that will be
fished (GOM, GB, or SNE), vessel name, contact name for coordination of
observer deployment, telephone number of contact, date, time, and port
of departure. Providing notice of the area that the vessel intends to
fish would not restrict the vessel's activity to fish only in that area
on that trip, but would be used to plan observer coverage. Prior to
departing on the trip, the vessel owner or operator would be required
to notify NMFS via VMS that the vessel intends to participate in the
Regular B DAS Program. Vessels fishing in the Regular B DAS Program
would be required to report their catches of certain groundfish stocks
of concern (cod, yellowtail flounder, winter flounder, witch flounder,
American plaice, and white hake) and haddock, daily through VMS,
including the amount of fish kept and discarded. The reporting
requirements would be slightly different from those required in the
Pilot Program and would be consistent with the standardized reporting
requirements that would apply to all Special Management Programs of the
FMP, as explained in Section 17 of this preamble.
A vessel fishing under a Category B DAS while in this program would
be prohibited from discarding legal-sized regulated NE multispecies,
Atlantic halibut, ocean pout, and monkfish, and would be limited to
landing 100 lb (45.4 kg) per DAS, or any part of a DAS, of each of the
following groundfish stocks: GOM cod, GB cod, GB yellowtail flounder,
American plaice, witch flounder, white hake, SNE/MA winter flounder, GB
winter flounder, southern windowpane flounder, and ocean pout, unless
further restricted (see below). In addition, a vessel fishing in this
program would be limited to landing no more than one Atlantic halibut,
and 25 lb (11.3 kg) per DAS, or any part of a DAS, up to a maximum of
250 lb (113 kg) per trip, of CC/GOM or SNE/MA yellowtail flounder. A
limited access monkfish DAS vessel fishing with gear other than trawl
gear that is participating in this program under a NE multispecies DAS
would be subject to the monkfish Incidental Catch limit applicable to
the monkfish Incidental Catch permit (Category E) (i.e., 400 lb (181.4
kg) tail weight/DAS, or 50 percent of the total weight of fish on
board, whichever is less, when fishing in the monkfish Northern Fishery
Management Area (NFMA); and 50 lb (22.7 kg) tail weight/DAS when
fishing in the monkfish Southern Fishery Management Area (SFMA)). A
limited access monkfish DAS vessels fishing with trawl gear that is
participating in this program under a NE multispecies DAS would be
subject to the monkfish Incidental Catch limit applicable to the
monkfish Incidental Catch permit (Category E), as well as the monkfish
restrictions associated with the required use of the haddock separator
trawl (as described below). That is, vessels would be subject to 500 lb
(226.8 kg) whole weight of monkfish per trip when fishing in the
monkfish NFMA; and 500 lb (226.8 kg) whole weight per trip or 50 lb
(22.7 kg) tail weight per DAS, whichever is less, when fishing in the
monkfish SFMA.
In contrast to the Pilot Program, in which a trawl vessel was not
required to utilize any particular gear type, under this proposed rule,
a trawl vessel would be required to use an approved haddock separator
trawl when participating in the Regular B DAS Program. Other trawl net
configurations may be on board the vessel, provided they are properly
stowed when the vessel is fishing under the Regular B DAS Program
rules. The intent of this restriction is to further reduce the
potential for vessels to catch stocks of concern, notably cod,
yellowtail flounder, and winter flounder. Furthermore, for a trawl
vessel fishing with the proposed haddock separator trawl, possession of
flounders (all species, combined); monkfish (whole weight), unless
otherwise specified below; and skates would be limited to 500 lb (227
kg) each, and possession of lobsters would be prohibited, to help
ensure the proper utilization of the haddock separator trawl; a
properly configured haddock separator trawl should not catch large
quantities of these species.
If a vessel fishing under the Category B DAS Program harvests and
brings on board a stock with an Incidental Catch TAC (cod, yellowtail,
American plaice, witch flounder, white hake, SNE winter flounder, GB
winter flounder), or southern windowpane flounder, ocean pout, Atlantic
halibut, or monkfish, in excess of the landing limits, the vessel
operator would be required to retain on board the excess catch of these
species, and immediately notify NMFS, via VMS, that it is changing its
DAS category from a Regular B DAS to a Category A DAS (i.e., ``DAS
flip''). If a vessel flips from a Regular B DAS to a Category A DAS, it
would be ch
