Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 42, 58622-58630 [E7-20386]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 199 (Tuesday, October 16, 2007)]
[Proposed Rules]
[Pages 58622-58630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20386]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070809451-7452-01]
RIN 0648-AV79


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 42

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 58623]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: The current regulations governing the Northeast (NE) 
multispecies fishery contain a number of inadvertent errors, omissions, 
and ambiguities, including some that may appear to be inconsistent with 
the measures adopted by the New England Fishery Management Council 
(Council) and approved by the Secretary of Commerce (Secretary) in 
recent actions taken under the NE Multispecies Fisheries Management 
Plan (FMP), including Amendment 5, Framework Adjustment (FW) 38, 
Amendment 13, FW 40-A, FW 41, and FW 42. The intent of this action is 
to correct these errors and omissions and to clarify specific 
regulations to ensure consistency with, and accurately reflect the 
intent of, previous actions under this FMP.

DATES: Written comments must be received on or before October 31, 2007.

ADDRESSES: You may submit comments, identified by 0648-AV79, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http:/
www.regulations.gov.
     Mail: Paper, disk, or CD-ROM comments should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of 
the envelope, ``Comments on the Proposed Rule to Correct/Modify NE 
Multispecies Regulations.''
     Fax: (978) 281-9135.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publically 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    Copies of the Regulatory Impact Review (RIR) prepared for this 
action are available upon request from the Regional Administrator at 
the above address. Copies of the environmental assessments (EAs) 
prepared for FW 42, FW 41, FW 40-A, and FW 38; and the supplemental 
environmental impact statements (SEIS) prepared for Amendments 5 and 13 
may be obtained from Paul J. Howard, Executive Director, New England 
Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 
01950.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to David Rostker, Office of Management 
and Budget (OMB), by e-mail to David--Rostker@omb.eop.gov, or fax to 
(202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy 
Analyst, phone (978) 281-9141, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    The most recent management action in the NE multispecies fishery, 
FW 42, was implemented by a final rule that published in the Federal 
Register on October 23, 2006 (71 FR 62156) and became effective on 
November 22, 2006. FW 42 superseded measures implemented by an 
emergency final rule that published on April 13, 2006 (71 FR 19348) 
that was implemented because of a delay in the development of FW 42. 
However, upon further review of regulations implemented by the FW 42 
final rule, NMFS found that the current regulations contained several 
inadvertent errors, omissions, and ambiguities that appear to be 
inconsistent with the measures adopted by the Council and approved by 
the Secretary. Some of the errors were due to failure of the current 
regulations to adapt or reinstate measures that were included or 
modified by the April 13, 2006, emergency final rule. Other errors were 
the result of incorrect references or a failure to adequately address 
administrative issues associated with specific measures. Further review 
of the current regulations revealed that there were other errors 
related to previous management actions under the FMP, including 
Amendments 5 and 13, FW 40-A, FW 41, and FW 38, as specified below. 
Pursuant to section 305(d) of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), this action proposes to 
correct these errors, revise specific measures to facilitate 
administration of such measures, and clarify or modify the current 
regulations to maintain consistency with FW 42 and other previous 
actions. The following proposed corrections are listed in the order in 
which they appear in the regulations.

Proposed Measures

1. Definitions for Lessor, Lessee, Transferor, and Tranferee

    The April 27, 2004, final rule implementing measures approved under 
Amendment 13 (69 FR 22906) created two programs designed to allow 
vessels to obtain additional NE multispecies days-at-sea (DAS) in order 
to offset the economic impacts of effort reductions under that action. 
These programs, the DAS Leasing and DAS Transfer Programs, include 
provisions that specifically apply to either the vessel giving or 
receiving DAS. While the regulations refer to these vessels as the 
``lessor/transferor'' and ``lessee/transferee'' for both of these 
programs, respectively, the Amendment 13 final rule never explicitly 
defined these terms. As a result, this rule would define each of these 
terms at 50 CFR 648.2 to clarify the applicability of specific 
provisions for each of these programs.

2. Vessel Monitoring System (VMS) Notification Requirements

    Currently, vessels issued limited access permits in several 
fisheries are either required to use VMS, or may elect to use VMS in 
lieu of using the DAS call-in system. The final rule implementing FW 42 
required all NE multispecies vessels fishing under a NE multispecies 
DAS to use VMS and indicated that such vessels would be sent letters 
detailing the procedures pertaining to VMS purchase, installation, and 
use. However, the current regulations do not specifically address what 
procedures other vessels using VMS should follow.
    Because the NMFS VMS and DAS systems use the VMS activity code 
declared by the vessel operator to enforce existing area-based 
regulations and accurately charge DAS based upon where the vessel 
fishes, what gear the vessel uses, the DAS type used, and the 
management program in which the vessel is participating, it is critical 
that the VMS activity code declared on each trip accurately reflects 
the vessel's intended operations. If the VMS activity code is 
incorrect, for example, DAS could be inaccurately charged and a vessel 
may be subject to enforcement action, increasing the burden on both 
vessel operators and NMFS for inaccurate VMS declarations. Although the 
current regulations do not specifically detail how and when a vessel 
should declare its intended fishing activity via VMS for all fisheries,

[[Page 58624]]

NMFS believes it is essential that all vessels using VMS must declare 
their intended activity through VMS prior to each trip to ensure that 
the VMS activity code declared accurately represents the vessel's 
intended activity for that trip. NMFS has recently sent letters to all 
affected permit holders instructing vessel operators on the proper use 
of VMS, including a letter on March 7, 2007, that required vessel 
operators to declare a VMS activity code prior to each trip.
    The FW 42 final rule modified the regulations at Sec.  648.10(b)(2) 
to state that NMFS shall send letters to all limited access NE 
multispecies DAS permit holders providing detailed information on the 
procedures pertaining to VMS usage. Because the current regulations do 
not specifically describe the procedures pertaining to VMS usage in 
other fisheries, this action would modify the VMS notification 
requirements at Sec.  648.10(b)(2) to specify that NMFS would send 
letters specifying the procedures pertaining to VMS purchase, 
installation, and use to all affected permit holders. Thus, this action 
would clarify that vessels required, or electing to use VMS are subject 
to the VMS usage requirements outlined in any previous and future 
permit holder letters. In addition, this action would specify at Sec.  
648.10(b)(5) that vessels using VMS must declare the vessel's intended 
fishing activity via VMS prior to leaving port before each fishing 
trip.

3. Gulf of Maine (GOM) Grate Raised Footrope Trawl Exempted Whiting 
Fishery Prohibitions

    The GOM Grate Raised Footrope Trawl Exempted Whiting Fishery was 
implemented through a July 9, 2003, final rule (68 FR 40808). However, 
this final rule did not update the prohibitions at Sec.  648.14(a)(35) 
and (43) to include this new exempted fishery. The prohibition at Sec.  
648.14(a)(35) prohibits the use of small mesh outside of listed 
exempted fisheries, while the prohibition at Sec.  648.14(a)(43) 
indicates that it is unlawful for anyone to violate the provisions of 
listed exempted fisheries. This action would add a reference to the GOM 
Grate Raised Footrope Trawl Exempted Whiting Fishery at Sec.  
648.80(a)(16) to these prohibitions.

4. In-season Action Prohibition

    Starting with the implementation of Amendment 13 in 2004, the FMP 
has developed several Special Management Programs that provide the 
Regional Administrator with the authority to implement in-season 
adjustments to management measures, including revising trip limits, 
access to specific areas, and gear requirements. In-season actions are 
implemented through a temporary rule, with requirements outlined in 
letters sent to affected permit holders. Despite the authority to 
implement such in-season actions, there is no specific prohibition 
regarding the provisions of an in-season action. Therefore, this action 
would implement a provision at Sec.  648.14(a)(78) prohibiting vessels 
from violating the requirements of an in-season action.

5. Georges Bank (GB) Seasonal Closure Area Applicability

    The GB Seasonal Closure Area was first implemented by the final 
rule implementing measures approved under FW 33 to the FMP (April 24, 
2000; 65 FR 21658). This closure applies to any vessel fishing with 
gear capable of catching groundfish and is effective from May 1 through 
May 31 of each fishing year. On November 19, 2004, the final rule 
implementing FW 40-A (69 FR 67780) established the Eastern U.S./Canada 
Haddock Special Access Program (SAP). This SAP allows vessels to target 
haddock using Category B DAS from May 1 through December 31 of each 
fishing year. The SAP area includes portions of the GB Seasonal Closure 
Area during the period of the closure. When the Council developed this 
SAP, it intended to exempt these SAP participants from the GB Seasonal 
Closure Area. However, the regulations implementing FW 40-A did not 
exempt such participating vessels from this closure. As a result, a 
final rule corrected this oversight and exempted vessels participating 
in the Eastern U.S./Canada Area Haddock SAP from the GB Seasonal 
Closure Area (December 27, 2005; 70 FR 76422). Both the April 13, 2006, 
emergency rule and the FW 42 final rule adjusted the start date of the 
Eastern U.S./Canada Haddock SAP from May 1 to August 1 of each fishing 
year. As a result, an exemption from the GB Seasonal Closure Area is no 
longer necessary for vessels participating in that SAP. Therefore, this 
action would remove the exemption at Sec.  648.81(g)(2)(iv).

6. DAS Leasing Program Application Requirements

    The final rule implementing Amendment 13 established the DAS 
Leasing Program. This program allows vessels to temporarily exchange 
Category A DAS on a yearly basis, provided participating vessels submit 
an application to lease DAS and the Regional Administrator approves the 
lease request. The FW 42 final rule revised the introductory text of 
the DAS Leasing Program regulations at Sec.  648.82(k)(3). However, 
through an oversight in the regulatory text for that rule, the 
regulations at Sec.  648.82(k)(3)(i) through (iii) were inadvertently 
removed. These regulations include the DAS Leasing Program application 
requirements and the authority of the Regional Administrator to approve 
or disapprove DAS leasing applications. These provisions are necessary 
to effectively administer the DAS Leasing Program. Therefore, this 
action would reinsert the provisions at Sec.  648.82(k)(3)(i) through 
(iii) that were inadvertently removed.

7. VMS Positional Polling Rates for U.S./Canada Management Area

    For vessels required to use VMS, the current regulations specify 
the minimum VMS positional polling rate. Vessels are responsible for 
paying for such VMS positional polls. When the Council adopted measures 
to include in Amendment 13, the Council did not specify a particular 
VMS positional polling rate that vessels would be responsible for 
paying for while fishing in the U.S./Canada Management Area. However, 
the Amendment 13 final rule indicated that a vessel participating in 
the U.S./Canada Management Area would be subject to a minimum VMS 
position polling rate of two polls per hour at the vessel's expense. 
NMFS, under the authority provided in section 305(d) of the Magnuson-
Stevens Act, included this increased polling rate with the intent to 
facilitate and enhance the enforcement of area-specific management 
provisions. While NMFS can request a vendor to temporarily increase the 
VMS positional polling rate on individual vessels in any fishery at the 
Agency's expense to facilitate enforcement operations, to date, NMFS 
has not imposed the higher VMS positional polling rate on individual NE 
multispecies trips into the U.S./Canada Management Area, which would be 
at a participating vessel's expense, due to technical limitations.
    Since implementing this requirement for vessels to pay for an 
increased polling frequency, NMFS has determined that such a measure 
should originate with the Council, similar to the way the Council 
adopted the requirement for vessels to pay for a polling rate of two 
VMS positional polls per hour for vessels participating in the Atlantic 
sea scallop fishery. The VMS positional polling rate for which all 
other vessels using VMS are required to pay for is one positional poll 
per hour. Because the Council did not specifically recommend that NE 
multispecies

[[Page 58625]]

vessels must pay for a higher VMS polling rate while fishing in the 
U.S./Canada Management Area, NMFS has decided to remove the increased 
VMS positional polling rate applicable to NE multispecies vessels. 
Therefore, this action would remove references to an increased VMS 
positional polling rate for vessels participating in the U.S./Canada 
Management Area from the regulations at Sec. Sec.  648.9(c)(1)(ii), 
648.10(b)(2)(iii), and 648.85(a)(3)(i).

8. Haddock Total Allowable Catch (TAC) in the Closed Area (CA) I Hook 
Gear Haddock SAP

    The CA I Hook Gear Haddock SAP was first implemented by the FW 40-A 
final rule, but was later modified by the rule implementing measures 
approved under FW 41 to the FMP (September 14, 2005; 70 FR 54302). The 
FW 41 final rule split the SAP into two seasons (one season for vessels 
participating in an approved Sector and another season for non-Sector 
vessels), with the haddock TAC distributed accordingly. The FW 42 final 
rule further modified the manner in which the haddock TAC for this SAP 
is calculated, but did not revise the season or the distribution of the 
haddock TAC. The regulations implemented by the FW 42 final rule 
included revisions to the manner in which the haddock TAC is 
calculated, but inadvertently omitted the provisions that distributed 
the haddock TAC among the two seasons, including the authority of the 
Regional Administrator to adjust the quota to each season to account 
for under- or over-harvest of the haddock TAC during the first season 
of the SAP. Accordingly, the current regulations do not accurately 
reflect the provisions adopted by the Council and implemented under the 
FW 41 final rule. These provisions are necessary to administer this SAP 
effectively. Therefore, this action would revise the regulations at 
Sec.  648.85(b)(7)(iv)(F) to reinsert the FW 41 provisions that were 
inadvertently removed.

9. White Hake Trip Limits

    Early in the development of FW 42, the Council considered adopting 
a 500-lb (226.8-kg) per DAS, up to 5,000-lb (2,268-kg) per trip, limit 
for white hake. In order to implement the trip limits as soon as 
possible while FW 42 was still being developed, NMFS implemented an 
emergency rule establishing these trip limits. Subsequently, the 
Council adopted a white hake trip limit of 1,000 lb (453.6 kg) per DAS, 
up to 10,000 lb (4,536 kg) per trip in FW 42. The emergency rule was 
modified on April 28, 2006 (71 FR 25094) to reflect the white hake trip 
limit adopted by the Council in FW 42. However, both the FW 42 proposed 
and final rules inadvertently included the lower white hake trip limit 
included in the original emergency final rule. Therefore, this action 
would correct the white hake trip limit found at Sec.  648.86(e) to 
accurately reflect the white hake trip limit adopted by the Council in 
FW 42.

10. Approval of Sector Applications

    The procedure to review and approve sector allocations was first 
established through the Amendment 13 final rule. Although the SEIS 
prepared to support Amendment 13 did not specifically direct NMFS to 
publish a proposed rule when reviewing sector applications and 
operations plans, the Amendment 13 final rule included language that 
required NMFS to seek public comment on proposed sector operations 
plans through the publication of a proposed rule in the Federal 
Register. The Administrative Procedure Act (APA) allows agencies to 
waive the requirement to publish a proposed rule and to provide for 
public comment in limited circumstances. However, because the current 
regulations require NMFS to develop a proposed rule for each sector, 
NMFS must publish a proposed rule for sectors and does not have the 
ability to take advantage of the provision in the APA that allows the 
Assistant Administrator to waive proposed rulemaking should 
circumstances allow. Based upon the existing procedures and associated 
time lines, the requirement to develop a proposed rule may be too 
inflexible and can unnecessarily delay the start of proposed sector 
operations beyond the start of the fishing year on May 1. This can 
create unnecessary adverse economic and social impacts for sector 
participants, especially if the sector operations plans do not change 
between fishing years. Therefore, this action would revise the existing 
sector approval regulations at Sec.  648.87(c)(1) and (2) by removing 
the requirement to develop a proposed rule, but indicating that sectors 
would be approved consistent with applicable law.

11. Recreational Fish Size Restrictions

    Although minimum fish size restrictions have been implemented since 
the initial development of the FMP, the final rule implementing 
measures approved under Amendment 5 (March 1, 1994; 59 FR 9872) 
specified that the minimum fish sizes also apply to any fish or part of 
a fish, including fillets. The Amendment 5 SEIS indicates that fish or 
fish parts must have the skin on for the purposes of identification to 
facilitate enforcement of the minimum size provisions. The SEIS only 
provides one exception to this requirement, allowing commercial vessels 
to retain up to 25 lb (11.3 kg) of fillets of legal-sized fish for 
personal consumption. While not explicitly indicated, the intent of the 
skin-on provision applies to groundfish caught by any vessel--
commercial, charter/party, or private recreational vessel.
    The regulations implemented by the Amendment 5 final rule clearly 
outline the minimum fish size provisions for commercial vessels at 
Sec.  648.83, including the skin-on provision in paragraph (a)(2) of 
that section. However, the recreational minimum fish size requirements 
at Sec.  648.89 do not specifically include the skin-on provision. 
Because the charter/party regulations at Sec.  648.89 do not 
specifically indicate that the skin-on provisions applies to such 
vessels, this action would add the skin-on provision outlined at Sec.  
648.83(a)(2) at Sec.  648.89(b)(4).

12. Additional Corrections

    In addition to the changes specified above, the following changes 
to the regulations as amended by the final rule implementing FW 42 are 
proposed to correct inaccurate references and to further clarify the 
intent of FW 42 and previous actions. The changes listed below are in 
the order in which they appear in the regulations.
    In Sec.  648.4(c)(2)(iii)(A), the reference to the annual 
designation as either a Day or Trip gillnet vessel at ``Sec.  
648.82(k)'' would be corrected to read ``Sec.  648.82(j).''
    In Sec.  648.14, the reference to ``Sec.  648.81(d)'' in paragraph 
(a)(38) would be corrected to reference the transiting provision at 
Sec.  648.81(i); the reference to ``Sec.  648.81(b)(2)(i)'' in 
paragraph (a)(39) would be corrected to reference the transiting 
provision at Sec.  648.81(i); the reference to ``Sec.  648.51(a)(2)(ii) 
and (e)(2)'' in paragraph (a)(53) would be corrected to reference the 
gear stowage provisions at Sec.  648.23(b); the reference to ``Sec.  
648.85(b)(6)'' in paragraph (a)(153) would be corrected to read ``Sec.  
648.85(b)(4);'' the reference to ``Sec.  648.86(g)(1)(i) or (g)(2)(i)'' 
in paragraph (b)(3) would be revised to read ``Sec.  648.86(g)(1),'' as 
Sec.  648.86(g)(1)(i) and (g)(2) expired when the April 13, 2006, 
emergency rule (71 FR 19348) was superceded by the FW 42 final rule; 
the reference to ``Sec.  648.86(g)(1)(i) or (g)(2)(i)'' and ``Sec.  
648.81(g)(1)(ii) and (g)(2)(ii)'' in paragraph (b)(4) would be 
corrected to read ``Sec.  648.86(g)(1),'' as Sec.  648.86(g)(1)(i) and 
(g)(2) expired when the April 13, 2006, emergency rule was superceded 
by the FW 42 final rule; the

[[Page 58626]]

reference to ``Sec.  648.86(b)(1)(i)'' in paragraph (c)(24) would be 
corrected to read ``Sec.  648.86(b)(1);'' and the reference to ``Sec.  
648.86(b)(2)(ii) or (iii)'' in paragraph (c)(26) would be corrected to 
read ``Sec.  648.86(b)(2).''
    In Sec.  648.80(b)(2)(vi), the reference to ``(a)(11)(i)(A) and 
(B)'' in the introductory text would be corrected to read 
``(b)(11)(i)(A) and (B).''
    In Sec.  648.82(e)(1), the reference to ``Sec.  648.10(c)(5)'' 
would be corrected to read ``Sec.  648.10.''
    In Sec.  648.85, the reference to ``Sec.  648.94(b)(7)'' in 
paragraph (b)(6)(iv)(D) would be revised to read ``Sec.  
648.94(b)(3),'' as Sec.  648.94(b)(7) expired when the April 13, 2006, 
emergency rule was superceded by the FW 42 final rule; and the 
references to ``Sec.  648.85(b)(7)(iv)(G)'' in paragraph (b)(7)(iii), 
(b)(7)(v)(D), and (b)(7)(vi)(D) would be corrected to read ``Sec.  
648.85(b)(7)(iv)(F),'' as Sec.  648.85(b)(7)(iv)(G) expired when the 
April 13, 2006, emergency rule was superceded by the FW 42 final rule. 
In addition, reference to specific stock areas at Sec.  648.85(b)(6)(v) 
would be added to Sec.  648.85(b)(6)(iv)(D) to clarify that the landing 
limits specified in this paragraph apply to particular stock areas. 
Further, reference to Sec.  648.10 would be inserted at Sec.  
648.85(b)(7)(iv)(A) to clarify how DAS would be counted in the Closed 
Area I Hook Gear Haddock SAP. Finally, Sec.  648.85(b)(7)(vi)(G) 
through (I) would be removed, as these paragraphs were included in the 
April 13, 2006, emergency rule and expired when that rule was 
superceded by the FW 42 final rule.
    In Sec.  648.86(i), the references to ``Sec.  648.85(a)(3)(iv)'' 
and ``Sec.  648.85(a)(6)(iv)(D)'' would be corrected to read ``Sec.  
648.85.''
    In Sec.  648.92, paragraph (b)(2)(iii) would be deleted, as this 
repeats the regulations at Sec.  648.92(b)(2)(ii) and is not necessary.

Classification

    Pursuant to sections 304 (b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the Assistant Administrator for fisheries, NOAA, has 
determined that this proposed rule is consistent with the NE 
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this determination is as follows:
    The proposed allocation would correct/clarify the existing 
regulations to ensure that the current regulations accurately 
reflect measures adopted by the New England Fishery Management 
Council and approved by the Secretary of Commerce. This action would 
ensure that the economic impacts analyzed in previous actions would 
be realized, but would not impose any additional economic impacts on 
affected entities. The proposed action would not significantly 
reduce profit for affected vessels, as the proposed measures are 
either administrative in nature and would not affect vessel 
operations, or would have no economic impact beyond that previously 
analyzed. For example, FW 42 indicated that declarations of a 
vessel's intended activity via VMS prior to each trip would cost 
groundfish vessels approximately $0.50 per declaration, or about 
$15,000 per year. In addition, Amendment 13 indicated that the U.S./
Canada Management Area gear requirements would cost participating 
vessels $7,500 for a modified flounder net, or $747 to comply with 
the haddock separator trawl requirement. This action would simply 
clarify or reinstate such requirements, respectively, but would not 
increase costs associated with these measures. Other measures 
corrected or clarified by this action would ensure that unnecessary 
costs, such as the costs for higher VMS positional polling rates, 
are eliminated or that vessels would be able to fully realize the 
economic benefits of special management programs by correctly 
distributing the available haddock resources in the Closed Area I 
Hook Gear Haddock SAP.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    This proposed rule contains a number of collection-of-information 
requirements subject to the Paperwork Reduction Act (PRA) which have 
been approved by OMB as follows:
    1. VMS purchase and installation, OMB  0648-0202, (1 hr/
response);
    2. VMS proof of installation, OMB  0648-0202, (1 hr/
response);
    3. Automated VMS polling of vessel position, OMB  0648-
0202, (5 sec/response);
    4. Area and DAS declarations via VMS, OMB  0648-0549 (5 
min/response);
    5. Standardized catch reporting requirements, OMB  0648-
0212 (15 min/response);
    6. Sector manager daily reports for CA I Hook Gear Haddock SAP, OMB 
 0648-0212, (2 hr/response);
    7. DAS Leasing Program application, OMB  0648-0202, (5 
min/response);
    8. Annual declaration to participate in the CA I Hook Gear Haddock 
SAP, OMB  0648-0202, (2 min/response);
    9. Sector allocation proposal, OMB  0648-0202, (50 hr/
response); and
    10. Sector operations plan submission, OMB  0648-0202, (50 
hr/response).
    These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
This action would not create new information collections or modify the 
response time associated with any of the information collection 
referenced above. Instead, this action would revise the regulations 
underlying these information collections to correct inadvertent errors, 
omissions, and ambiguities in the current regulations, as described in 
the preamble. 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 David--
Rostker@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, Recordkeeping and reporting.

    Dated: October 11, 2007.
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:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.2, definitions for ``lessee,'' ``lessor,'' 
``transferee,'' and ``transferor'' are added, in alphabetical order, to 
read as follows:


Sec.  648.2  Definitions.

* * * * *
    Lessee means a vessel owner who receives temporarily transferred NE 
multispecies DAS from another vessel through the DAS Leasing Program 
specified at Sec.  648.82(k).
    Lessor means a vessel owner who temporarily transfers NE 
multispecies DAS to another vessel through the DAS

[[Page 58627]]

Leasing Program specified at Sec.  648.82(k).
* * * * *
    Transferee means a vessel owner who receives permanently 
transferred NE multispecies DAS and potentially other permits from 
another vessel through the DAS Transfer Program specified at Sec.  
648.82(l).
    Transferor means a vessel owner who permanently transfers NE 
multispecies DAS and potentially other permits to another vessel 
through the DAS Transfer Program specified at Sec.  648.82(l).
* * * * *
    3. In Sec.  648.4, paragraph (c)(2)(iii)(A) is revised to read as 
follows:


Sec.  648.4  Vessel permits.

* * * * *
    (c) * * *
    (2) * * *
    (iii) * * *
    (A) For vessels fishing for NE multispecies with gillnet gear, with 
the exception of vessels fishing under the Small Vessel permit 
category, an annual declaration as either a Day or Trip gillnet vessel 
designation as described in Sec.  648.82(j). A vessel owner electing a 
Day or Trip gillnet designation must indicate the number of gillnet 
tags that he/she is requesting, and must include a check for the cost 
of the tags. A permit holder letter will be sent to the owner of each 
eligible gillnet vessel, informing him/her of the costs associated with 
this tagging requirement and providing directions for obtaining tags. 
Once a vessel owner has elected this designation, he/she may not change 
the designation or fish under the other gillnet category for the 
remainder of the fishing year. Incomplete applications, as described in 
paragraph (e) of this section, will be considered incomplete for the 
purpose of obtaining authorization to fish in the NE multispecies 
gillnet fishery and will be processed without a gillnet authorization.
* * * * *
Sec.  648.9 [Amended]
    4. In Sec.  648.9, remove and reserve paragraph (c)(1)(ii).
    5. In Sec.  648.10, the introductory text of paragraph (b)(2), and 
paragraph (b)(2)(iii) are revised; and paragraph (b)(5) is added to 
read as follows:


Sec.  648.10  DAS and VMS notification requirements.

* * * * *
    (b) * * *
    (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 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 
affected permit holders providing detailed information on the 
procedures pertaining to VMS purchase, installation, and use.
* * * * *
    (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 
Sec.  648.85(a)(3)(ii), the requirements of this paragraph (b) begin 
with the first 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 Sec.  648.85(a)(3)(ii)(A).
* * * * *
    (5) VMS notification requirements for other fisheries. Unless 
otherwise specified in this part, or via letters sent to affected 
permit holders under paragraph (b)(2) of this section, the owner or 
authorized representative of a vessel that is required to use VMS, as 
specified in paragraph (b)(1) of this section, must notify the Regional 
Administrator of the vessel's intended fishing activity by entering the 
appropriate VMS code prior to leaving port at the start of each fishing 
trip. Notification of a vessel's intended fishing activity includes, 
but is not limited to, gear and DAS type to be used; area to be fished; 
and whether the vessel will be declared out of the DAS fishery, or will 
participate in the NE multispecies and monkfish DAS fisheries, 
including approved special management programs. A vessel cannot change 
any aspect of its VMS activity code outside of port, except that NE 
multispecies vessels are authorized to change the category of DAS used 
(i.e., flip its DAS), as provided at Sec.  648.85(b), or change the 
area declared to be fished so that the vessel may fish both inside and 
outside of the Eastern U.S./Canada Area on the same trip, as provided 
at Sec.  648.85(a)(3)(ii)(A). VMS activity codes and declaration 
instructions are available from the Regional Administrator upon 
request.
* * * * *
    6. In Sec.  648.14, paragraphs (a)(35), (a)(38), (a)(39), (a)(43), 
(a)(53), (a)(153), (b)(3), (b)(4), (c)(24), and (c)(26) are revised and 
paragraph (a)(78) is added to read as follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (35) Fish with, use, or have on board, within the areas described 
in Sec.  648.80(a)(1) and (2), nets with mesh size smaller than the 
minimum mesh size specified in Sec.  648.80(a)(3) and (4), except as 
provided in Sec.  648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), 
(a)(16), (d), (e), and (i), unless the vessel has not been issued a NE 
multispecies permit and fishes for NE multispecies exclusively in state 
waters, or unless otherwise specified in Sec.  648.17.
* * * * *
    (38) Enter or be in the area described in Sec.  648.81(a)(1) on a 
fishing vessel, except as provided in Sec.  648.81(a)(2) and (i).
    (39) Enter or be in the area described in Sec.  648.81(b)(1) on a 
fishing vessel, except as provided in Sec.  648.81(b)(2) and (i).
* * * * *
    (43) Violate any of the provisions of Sec.  648.80, including 
paragraphs (a)(5), the Small-mesh Northern Shrimp Fishery Exemption 
Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area; 
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the

[[Page 58628]]

Nantucket Shoals Dogfish Fishery Exemption Area; (a)(11), the GOM 
Scallop Dredge Exemption Area; (a)(12), the Nantucket Shoals Mussel and 
Sea Urchin Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet 
Exemption Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; 
(a)(15), the Raised Footrope Trawl Exempted Whiting Fishery; (a)(16) 
the GOM Grate Raised Footrope Trawl Exempted Whiting Fishery; (a)(18), 
the Great South Channel Scallop Dredge Exemption Area; (b)(3), 
exemptions (small mesh); (b)(5); the SNE Monkfish and Skate Trawl 
Exemption Area; (b)(6), the SNE Monkfish and Skate Gillnet Exemption 
Area; (b)(8), the SNE Mussel and Sea Urchin Dredge Exemption Area; 
(b)(9), the SNE Little Tunny Gillnet Exemption Area; and (b)(11), the 
SNE Scallop Dredge Exemption Area. Each violation of any provision in 
Sec.  648.80 constitutes a separate violation.
* * * * *
    (53) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with Sec.  648.80(i) from or 
within the areas described in Sec.  648.80(i), while in possession of 
scallop dredge gear on a vessel not fishing under the scallop DAS 
program as described in Sec.  648.53, or fishing under a general 
scallop permit, unless the vessel and the dredge gear conform with the 
stowage requirements of Sec.  648.23(b), or unless the vessel has not 
been issued a multispecies permit and fishes for NE multispecies 
exclusively in state waters.
* * * * *
    (78) Violate any provision of an in-season action to adjust trip 
limits, gear usage, season, area access and/or closure, or any other 
measure authorized by this part.
* * * * *
    (153) If fishing under the SNE/MA Winter Flounder SAP, described in 
Sec.  648.85(b)(4), fail to comply with the restrictions and conditions 
under Sec.  648.85(b)(4)(i) through (iv).
* * * * *
    (b) * * *
    (3) While fishing in the areas specified in Sec.  648.86(g)(1), 
with a NE multispecies Handgear A permit, or under the NE multispecies 
DAS program, or under the limited access monkfish Category C or D 
permit provisions, possess yellowtail flounder in excess of the limits 
specified under Sec.  648.86(g)(1), unless fishing under the 
recreational or charter/party regulations, or transiting in accordance 
with Sec.  648.23(b).
    (4) If fishing in the areas specified in Sec.  648.86(g)(1) with a 
NE multispecies Handgear A permit, or under the NE multispecies DAS 
program, or under the limited access monkfish Category C or D permit 
provisions, fail to comply with the requirements specified in Sec.  
648.81(g)(1).
    (c) * * *
    (24) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(b)(1), unless the vessel is fishing under the cod exemption 
specified in Sec.  648.86(b)(4).
* * * * *
    (26) Enter port, while on a NE multispecies DAS trip, in possession 
of more than the allowable limit of cod specified in Sec.  
648.86(b)(2).
* * * * *
    7. In Sec.  648.80, paragraph (b)(2)(vi) is revised to read as 
follows:


Sec.  648.80  NE multispecies regulated mesh areas and restrictions on 
gear and methods of fishing.

* * * * *
    (b) * * *
    (2) * * *
    (vi) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the SNE Exemption Area, as defined in paragraph (b)(10) of 
this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (b)(3), 
(b)(5) through (9), (b)(11), (c), (e), (h), and (i) of this section, or 
if fishing under a NE multispecies DAS, if fishing under the Small 
Vessel or Handgear A exemptions specified in Sec.  648.82(b)(5) and 
(b)(6), respectively, or if fishing under a scallop state waters 
exemption specified in Sec.  648.54, or if fishing under a scallop DAS 
in accordance with paragraph (h) of this section, or if fishing under a 
General Category scallop permit in accordance with paragraphs 
(b)(11)(i)(A) and (B) of this section, or if fishing pursuant to a NE 
multispecies open access Charter/Party or Handgear permit, or if 
fishing as a charter/party or private recreational vessel in compliance 
with the regulations specified in Sec.  648.89. Any gear on a vessel, 
or used by a vessel, in this area must be authorized under one of these 
exemptions or must be stowed as specified in Sec.  648.23(b).
* * * * *
Sec.  648.81 [Amended]
    8. In Sec.  648.81, remove paragraph (g)(2)(iv).
    9. In Sec.  648.82, paragraph (e)(1) is revised and paragraphs 
(k)(3)(i) through (iii) are added to read as follows:


Sec.  648.82  Effort-control program for NE multispecies limited access 
vessels.

* * * * *
    (e) * * *
    (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, consistent with the DAS notification requirements specified at 
Sec.  648.10.
* * * * *
    (k) * * *
    (3) * * *
    (i) Application information requirements. An application to lease 
Category A DAS must contain the following information: Lessor's owner 
name, vessel name, permit number and official number or state 
registration number; Lessee's owner name, vessel name, permit number 
and official number or state registration number; number of NE 
multispecies DAS to be leased; total priced paid for leased DAS; 
signatures of Lessor and Lessee; and date form was completed. 
Information obtained from the lease application will be held 
confidential, according to applicable Federal law. Aggregate data may 
be used in the analysis of the DAS Leasing Program.
    (ii) Approval of lease application. Unless an application to lease 
Category A DAS is denied according to paragraph (k)(3)(iii) of this 
section, the Regional Administrator shall issue confirmation of 
application approval to both Lessor and Lessee within 45 days of 
receipt of an application.
    (iii) Denial of lease application. The Regional Administrator may 
deny an application to lease Category A DAS for any of the following 
reasons, including, but not limited to: The application is incomplete 
or submitted past the March 1 deadline; the Lessor or Lessee has not 
been issued a valid limited access NE multispecies permit or is 
otherwise not eligible; the Lessor's or Lessee's DAS are under sanction 
pursuant to an enforcement proceeding; the Lessor's or Lessee's vessel 
is prohibited from fishing; the Lessor's or Lessee's limited access NE 
multispecies permit is sanctioned pursuant to an enforcement 
proceeding; the Lessor or Lessee vessel is determined not in compliance 
with the conditions, restrictions, and requirements of this part; or 
the Lessor has an insufficient number of allocated or unused DAS 
available to lease. Upon denial of an application to lease NE 
multispecies DAS, the Regional Administrator shall send a letter to the 
applicants describing the reason(s) for application rejection. The 
decision by

[[Page 58629]]

the Regional Administrator is the final agency decision.
* * * * *
    10. In Sec.  648.85, paragraphs (b)(7)(vi)(G) through (I) are 
removed, and paragraphs (a)(3)(i), (b)(6)(iv)(D), (b)(7)(iii), 
(b)(7)(iv)(A) and (F), (b)(7)(v)(D), and (b)(7)(vi)(D) are revised to 
read as follows:


Sec.  648.85  Special management programs.

    (a) * * *
    (3) * * *
    (i) VMS requirement. A NE multispecies DAS vessel in the U.S./
Canada Management Areas described in paragraph (a)(1) of this section 
must have installed on board an operational VMS unit that meets the 
minimum performance criteria specified in Sec. Sec.  648.9 and 648.10.
* * * * *
    (b) * * *
    (6) * * *
    (iv) * * *
    (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 from the areas specified in paragraph 
(b)(6)(v) of this section: 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 Sec.  648.94(b)(3).
* * * * *
    (7) * * *
    (iii) Season. The overall season for the CA I Hook Gear Haddock SAP 
is October 1 through December 31, which is divided into two 
participation periods, one for Sector and one for non-Sector vessels. 
For the 2005 fishing year, the only participation period in which 
eligible Sector vessels may fish in the CA I Hook Gear Haddock SAP is 
from October 1 through November 15. For the 2005 fishing year, the only 
participation period in which eligible non-Sector vessels may fish in 
the SAP is from November 16 through December 31. For the 2006 fishing 
year and beyond, these participation periods shall alternate between 
Sector and non-Sector vessels such that, in fishing year 2006, the 
participation period for non-Sector vessels is October 1 through 
November 15, and the participation period for Sector vessels is 
November 16 through December 31. The Regional Administrator may adjust 
the start date of the second participation period prior to November 16 
if the haddock TAC for the first participation period specified in 
paragraph (b)(7)(iv)(F) of this section is harvested prior to November 
15.
    (iv) * * *
    (A) DAS use restrictions. A vessel fishing in the CA I Hook Gear 
Haddock SAP may not initiate a DAS flip. A vessel is prohibited from 
fishing in the CA I Hook Gear Haddock SAP while making a trip under the 
Regular B DAS Pilot Program described under paragraph (b)(6) of this 
section. DAS will be charged as described in Sec.  648.10.
* * * * *
    (F) Haddock TAC--(1) Allocation and distribution. 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 to the following formula: BiomassYEAR!X= 
(1,130 mt live weight) x (Projected WGB Haddock 
ExploitableBiomassYEAR!X/WGB Haddock Exploitable 
Biomass2004). The size of the western component of the stock 
is considered to be 35 percent of the total stock size, unless modified 
by a stock assessment. The maximum amount of haddock that may be caught 
in this SAP during each fishing year is divided evenly between the two 
participation periods of October 1 - November 15 and November 16 - 
December 31, as specified in paragraph (b)(7)(iii) of this section. The 
Regional Administrator shall specify the haddock TAC for the SAP, in a 
manner consistent with applicable law.
    (2) Adjustments to the haddock TAC. The Regional Administrator may 
adjust the portion of the haddock TAC specified for the second 
participation period to account for under- or over-harvest of the 
portion of the haddock TAC (landings and discards) that was harvested 
during the first participation period, not to exceed the overall 
haddock TAC specified in this paragraph (b)(7)(iv)(F).
* * * * *
    (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 shall 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)(F) 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 local time and 
ending at 2400 hr local time. The reports must be submitted by 0900 hr 
local time of the day following fishing. The reports must include at 
least the following information: 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

[[Page 58630]]

under paragraph (b)(7)(iv)(F) of this section.
* * * * *
    11. In Sec.  648.86, paragraphs (e) and (i) are revised to read as 
follows:


Sec.  648.86  NE Multispecies possession restrictions.

* * * * *
    (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 1,000 lb (453.6 kg) of white hake per DAS, or any part 
of a DAS, up to 10,000 lb (4,536 kg) per trip.
* * * * *
    (i) Offloading requirement for vessels possessing species regulated 
by a daily possession limit. Vessels that have ended a trip as 
specified in Sec.  648.10(b)(2)(iii) or (c)(3) that possess on board 
species regulated by a daily possession limit (i.e., pounds per DAS), 
as specified at Sec.  648.85 or Sec.  648.86, must offload these 
species prior to leaving port on a subsequent trip. Other species 
regulated by an overall trip limit may be retained on board for a 
subsequent trip. For example, a vessel that possesses cod and winter 
flounder harvested from Georges Bank is subject to a daily possession 
limit for cod of 1,000 lb (453 kg)/DAS and an overall trip limit of 
5,000 lb (2,267 kg)/trip for winter flounder. In this example, the 
vessel would be required to offload any cod harvested, but may retain 
on board winter flounder up to the maximum trip limit prior to leaving 
port and crossing the VMS demarcation line to begin a subsequent trip.
* * * * *
    12. In Sec.  648.87, paragraphs (b)(1)(ix), (b)(1)(xv) and (xvi), 
(b)(2)(x), and (c) are revised to read as follows:


Sec.  648.87  Sector allocation.

* * * * *
    (b) * * *
    (1) * * *
    (ix) Unless exempted through a Letter of Authorization specified in 
paragraph (c)(2) of this section, each vessel operator and/or vessel 
owner fishing under an approved Sector must comply with all NE 
multispecies management measures of this part and other applicable law. 
Each vessel and vessel operator and/or vessel owner participating in a 
Sector must also comply with all applicable requirements and conditions 
of the Operating Plan specified in paragraph (b)(2) of this section and 
the Letter of Authorization issued pursuant to paragraph (c)(2) of this 
section. It shall be unlawful to violate any such conditions and 
requirements and each Sector, vessel, and vessel operator and/or vessel 
owner participating in the Sector may be charged jointly and severally 
for civil penalties and permit sanctions pursuant 15 CFR part 904.
* * * * *
    (xv) All vessel operators and/or vessel owners fishing in an 
approved Sector must be issued and have on board the vessel, a Letter 
of Authorization (LOA) issued by the National Marine Fisheries Service 
pursuant to paragraph (c)(2) of this section.
    (xvi) The Regional Administrator may exempt participants in the 
Sector, pursuant to paragraph (c)(2) of this section, from any Federal 
fishing regulations necessary to allow such participants to fish in 
accordance with the Operations Plan, with the exception of regulations 
addressing the following measures for Sectors based on a hard TAC: 
Year-round closure areas, permitting restrictions (e.g., vessel 
upgrades, etc.), gear restrictions designed to minimize habitat impacts 
(e.g., roller gear restrictions, etc.), and reporting requirements (not 
including DAS reporting requirements). A framework adjustment, as 
specified in Sec.  648.90, may be submitted to exempt Sector 
participants from regulations not authorized to be exempted pursuant to 
paragraph (c)(2) of this section.
* * * * *
    (2) * * *
    (x) Each vessel and vessel operator and/or vessel owner 
participating in a Sector must comply with all applicable requirements 
and conditions of the Operations Plan specified in this paragraph 
(b)(2) and the Letter of Authorization issued pursuant to paragraph 
(c)(2) of this section. It shall be unlawful to violate any such 
conditions and requirements unless such conditions or restrictions are 
identified as administrative only in an approved Operations Plan. Each 
Sector, vessel, and vessel operator and/or vessel owner participating 
in the Sector may be charged jointly and severally for civil penalties 
and permit sanctions pursuant to 15 CFR part 904.
    (c) Approval of a Sector and granting of exemptions by the Regional 
Administrator. (1) Once the submission documents specified under 
paragraphs (a)(1) and (b)(2) of this section have been determined to 
comply with the requirements of this section, NMFS may consult with the 
Council and shall approve or disapprove Sector operations consistent 
with applicable law.
    (2) If a Sector is approved, the Regional Administrator shall issue 
a Letter of Authorization to each vessel operator and/or vessel owner 
belonging to the Sector. The Letter of Authorization shall authorize 
participation in the Sector operations and may exempt participating 
vessels from any Federal fishing regulation, except those specified in 
paragraph (b)(1)(xvi) of this section, in order to allow vessels to 
fish in accordance with an approved Operations Plan, provided such 
exemptions are consistent with the goals and objectives of the NE 
Multispecies FMP. The Letter of Authorization may also include 
requirements and conditions deemed necessary to ensure effective 
administration of, and compliance with, the Operations Plan and the 
Sector allocation. Solicitation of public comment on, and NMFS final 
determination on such exemptions shall be consistent with paragraphs 
(c)(1) and (2) of this section.
    (3) The Regional Administrator may withdraw approval of a Sector, 
after consultation with the Council, at any time if it is determined 
that Sector participants are not complying with the requirements of an 
approved Operations Plan or that the continuation of the Operations 
Plan will undermine achievement of fishing mortality objectives of the 
NE Multispecies FMP. Withdrawal of approval of a Sector may only be 
done after notice and comment rulemaking consistent with applicable 
law.
* * * * *
    13. In Sec.  648.89, paragraph (b)(4) is added to read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

* * * * *
    (b) * * *
    (4) The minimum fish size applies to whole fish or to any part of a 
fish while possessed on board either a charter/party or a private 
recreational vessel. Fish fillets, or parts of fish, must have skin on 
while possessed on board a vessel and at the time of landing in order 
to meet minimum size requirements. ``Skin on'' means the entire portion 
of the skin normally attached to the portion of the fish or to fish 
parts possessed is still attached.
* * * * *
Sec.  648.92 [Amended]
    14. In Sec.  648.92, remove paragraph (b)(2)(iii).
[FR Doc. E7-20386 Filed 10-15-07; 8:45 am]
BILLING CODE 3510-22-S