Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States, 20528-20557 [E9-10156]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 74, Number 84 (Monday, May 4, 2009)]
[Rules and Regulations]
[Pages 20528-20557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10156]



[[Page 20527]]

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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 648



Magnuson-Stevens Fishery Conservation and Management Act Provisions; 
Fisheries of the Northeastern United States; Final Rule

Federal Register / Vol. 74, No. 84 / Monday, May 4, 2009 / Rules and 
Regulations

[[Page 20528]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 080410547-9274-02]
RIN 0648-AW70


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: Several sections of the regulations governing the fisheries of 
the northeastern United States contain minor inadvertent errors, 
omissions, and ambiguities. This rule revises the portions of the 
Northeast (NE) fishery regulations that relate to the Vessel Monitoring 
System (VMS) and prohibitions, standardizes the VMS vendor 
requirements, and adds prohibitions and other regulations to clarify 
existing policies and requirements.

DATES: Effective May 1, 2009, except for amendments 11 and 12 to Sec.  
648.14, amendment 18.c to Sec.  648.82, amendment 19.c to Sec.  648.85, 
and amendment 20.c to Sec.  648.86, which are effective from May 1, 
2009, through October 28, 2009.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to the Regional Administrator, 
Northeast Region, National Marine Fisheries Service, and by e-mail to 
David_Rostker@omb.eop.gov, or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Moira C. Kelly, Fishery Policy 
Analyst, phone (978) 281-9218, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: This rule revises portions of the NE fishery 
regulations by reorganizing the VMS and prohibitions sections, 
standardizing the VMS vendor requirements, and adding prohibitions and 
other regulations that correct or clarify existing policies and 
requirements. The changes are enacted under the authority given to the 
Secretary of Commerce at section 305(d) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) to promulgate 
regulations to fully carry out the requirements of the Act. A proposed 
rule for this action was published on January 15, 2009 (74 FR 2478). No 
comments were received. The changes are summarized below.

VMS-Related Modifications

    This action standardizes the qualification requirements of VMS 
vendors and VMS units between the NMFS NE Region and the National VMS 
program. The Regional Administrator, NE Region, NMFS (RA), retains the 
authority to approve or disapprove a vendor or unit for use in the NE 
Region; however, the standards against which the vendors are judged 
will be the same as used by the National VMS program. This action 
ensures that the VMS vendors meet industry-accepted criteria while the 
NE Region's specific VMS needs are met.
    For consistency across fishery management plans (FMPs), a measure 
implemented under the Surfclam and Ocean Quahog FMP requiring vessel 
owners to call the NMFS Office of Law Enforcement (OLE) to verify 
connectivity between a new or replacement VMS unit and OLE prior to the 
vessel sailing on its first trip using VMS is expanded to all vessel 
owners. This expansion allows OLE to ensure that the units are 
installed and registered correctly in all of the necessary systems. In 
addition, this action reorganizes the VMS regulations so that the 
requirements that apply to vessel owners/operators are separate and 
distinguishable from the requirements that apply to VMS vendors. 
Further, the VMS Demarcation Line is modified through the addition of a 
new coordinate intended to allow vessels from Monhegan Island, Isle au 
Haut, and Matinicus Isle, Maine, to more easily comply with the VMS 
requirements of the NE Multispecies FMP.

Prohibitions-Related Modifications

    The prohibitions section (Sec.  648.14) is reorganized to assist 
industry in more easily understanding the rules and regulations, and 
serves to improve compliance with those requirements. This rule groups 
together the prohibitions relating to a specific FMP, titles the 
sections and subsections, and provides more guidance on where to find a 
specific prohibition. This action also adds prohibitions to clarify or 
correct existing requirements. The additional prohibitions, which 
relate to regulations that have already been reviewed and approved 
through appropriate rulemaking procedures, clarify that aiding and 
abetting actions prohibited by the Magnuson-Stevens Act, or any other 
statute administered by NOAA, is prohibited; that observers are 
prohibited from providing false information; that miscoding of trips 
through the VMS by vessel owners/operators is not permissible; that 
transferring regulated species at sea, without authorization from the 
RA, or as otherwise permitted, is prohibited; and that any vessel 
possessing or retaining any species regulated by the NE Region must be 
under its own power.

Other Modifications

    Several regulations pertaining to VMS were inadvertently deleted 
when two final rules affecting the same sections of the regulations 
became effective at about the same time in December 2007. The final 
rule implementing Surfclam/Ocean Quahog Framework Adjustment (FW) 1 
inadvertently deleted sections of the VMS regulations that were 
modified or added under the NE Multispecies FW 42 correction rule. This 
rule reinstates those regulations. Other sections that are clarified 
relate to recordkeeping requirements and twine-top measurements of 
scallop dredges. The recordkeeping regulations (Sec.  648.7) are 
modified to specify some of the types of records vessel owners and 
dealers are required to retain, and to clarify that any person acting 
in the capacity of a Federally permitted dealer is subject to the same 
requirements as a Federally permitted dealer. Further, this rule 
clarifies, at Sec.  648.51, how to measure twine-top in scallop dredges 
and assist industry members with complying with the minimum mesh size 
requirements of the Atlantic Sea Scallop FMP. Other minor adjustments 
to the regulations correct the references of the Regular B Days-At-Sea 
(DAS) Program by removing the word ``pilot,'' and make other 
corrections to cross-references.
    A detailed description of the regulatory changes, including their 
justification, is provided in the proposed rule (January 15, 2009, 74 
FR 2478) and is not repeated here. NMFS received no comments during the 
comment period on the proposed rule.

Changes From the Proposed Rule

    Minor errors in the proposed rule are corrected, including 
renumbering incorrect sequences of prohibitions; one prohibition is 
modified, and one prohibition is added for clarity. The prohibition 
barring fishing, possessing, or landing regulated NE multispecies after 
using an entire DAS allocation is clarified by removing the words ``in 
excess of a possession limit'' after ``landing.'' This is to clarify 
that it is not legal to land any regulated NE

[[Page 20529]]

multispecies after fully using a DAS allocation. In addition, a 
prohibition is added to clarify the requirements of vessel owners with 
regard to the Scallop Observer Program, specifying that failure to 
comply with the notification, observer services procurement, and 
observer services payment requirements of the sea scallop observer 
program specified in Sec.  648.11(g) is prohibited. The reorganization 
of this rule also affects portions of the prohibitions and NE 
multispecies regulations that were suspended under the NE multispecies 
interim rule (74 FR 17030, April 13, 2009). This rule revises several 
of the suspended sections (portions of Sec.  648.14, as well as Sec.  
648.82(e)(2)(iii)(B) and (e)(3); Sec.  648.85(a)(3)(ii)(A)(1); 
(b)(6)(i); (b)(6)(iv)(A) and (B); (b)(6)(v); (b)(7)(iv)(A); and Sec.  
648.86(b)(1)(ii)(B)), and renumbers the prohibitions that were added 
under the interim rule. In order to preserve the intent of the interim 
action, it is necessary to reissue all of the regulations that are 
affected by both rules, re-suspend those sections that were suspended 
by the interim rule, and restate the end of effectiveness date for the 
temporary regulations. None of the interim rule regulations are 
modified by this final rule and no new sections have been suspended. 
All of the suspensions and the additional interim regulations will be 
effective through the end of the interim action, including any 
suspensions.

Classification

    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C. 553(d)(3) to make this rule effective immediately, 
thereby waiving the 30-day delayed effective date required by 5 U.S.C. 
553(d) because it is unnecessary and contrary to the public interest. 
The rule is administrative in nature and merely reorganizes sections of 
the regulations and codifies existing policies and procedures for 
clarity. The reorganization of the Prohibitions and VMS sections of the 
regulations is not substantive and has no effect on the public. It is 
intended to improve the public's understanding of the regulations by 
presenting the regulations more clearly. Several prohibitions are added 
to support existing regulations that had been approved through standard 
rulemaking procedures. Other minor additions to the regulations are to 
make the recordkeeping requirements more specific, in order to assist 
permitted dealers in more effectively complying with the regulations, 
as well as specify the process by which twine-top is measured to assist 
vessel owners in complying with minimum mesh size requirements. None of 
the additional regulations impose new requirements on the public and 
are intended to explain existing requirements more clearly.
    Pursuant to section 305(d) of the Magnuson-Stevens Act, the 
Assistant Administrator for Fisheries, NOAA, has determined that this 
rule is consistent with the FMPs of the NE Region, other provisions of 
the Magnuson-Stevens Act, and other applicable law.
    This 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This rule contains a non-substantive change to a previously 
approved collection-of-information requirement subject to review and 
approval by OMB under the Paperwork Reduction Act (PRA), which has been 
approved by OMB under control number 0648-0202. Public reporting burden 
for the requirement to confirm VMS connectivity with the NMFS OLE is 
estimated to average 5 minutes per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding these burden 
estimates 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, Reporting and recordkeeping requirements.

    Dated: April 28, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons stated in the preamble, 50 CFR part 648 is to be 
amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.


0
2. In Sec.  648.2, definitions for ``MCSP,'' ``MTU,'' and ``Records'' 
are added in alphabetical order to read as follows:

Sec.  648.2  Definitions.

* * * * *
    MCSP means a Mobile Communications Service Provider, which is an 
operator of a mobile communications service used to provide wireless 
connectivity between mobile platforms and fixed platforms, and enables 
location transmission and two-way message exchange between the vessel 
and NMFS, when using a compatible MTU.
* * * * *
    MTU means a Mobile Transmitting Unit, which is a transceiver or 
communications device, including antennae, dedicated message terminal 
and display, and an input device such as a keyboard installed on a 
fishing vessel participating in the VMS program.
* * * * *
    Records, with respect to records required to be kept by Sec.  
648.7, means those that include, but are not limited to, any written, 
recorded, graphic, electronic, or digital material; as well as other 
information stored in or accessible through a computer or other 
information retrieval system; worksheets; weighout slips; preliminary, 
interim, and final tally sheets; tags; notes; logbooks; statements; 
receipts; checks; ledgers; notebooks; diaries; spreadsheets; diagrams; 
graphs; charts; tapes; disks; or computer printouts.
* * * * *

0
3. In Sec.  648.4, paragraphs (a)(8)(ii) and (a)(9)(i)(N)(3)(i) are 
revised to read as follows:

Sec.  648.4  Vessel permits.

    (a) * * *
    (8) * * *
    (ii) Party and charter vessels. All party or charter boats must 
have been issued and carry on board a valid party or charter boat 
permit to fish for,

[[Page 20530]]

possess, or land Atlantic bluefish in or from the EEZ if carrying 
passengers for hire. Persons on board such vessels must observe the 
possession limits established pursuant to Sec.  648.164 and the 
prohibitions on sale specified in Sec.  648.14(q).
    (9) * * *
    (i) * * *
    (N) * * *
    (3) * * *
    (i) A vessel denied a limited access monkfish Category G or H 
permit may fish under the monkfish DAS program, provided that the 
denial has been appealed, the appeal is pending, and the vessel has on 
board a letter from the Regional Administrator authorizing the vessel 
to fish under the monkfish DAS program. The letter of authorization 
must be carried on board the vessel. A vessel with such a letter of 
authorization shall not exceed the annual allocation of monkfish DAS as 
specified in Sec.  648.92(b)(1) and must report the use of monkfish DAS 
according to the provisions of Sec.  648.10. If the appeal is finally 
denied, the Regional Administrator shall send a notice of final denial 
to the vessel owner; the letter authorizing temporary participation in 
the monkfish fishery shall become invalid 5 days after receipt of the 
notice of denial, but no later than 10 days from the date of the denial 
letter. If the appeal is approved, any DAS used during pendency of the 
appeal shall be deducted from the vessel's annual allocation of 
monkfish DAS for that fishing year.
* * * * *

0
4. In Sec.  648.7, paragraphs (a)(1) introductory text, (d), and (e) 
are revised to read as follows:

Sec.  648.7  Recordkeeping and reporting requirements.

    (a) * * *
    (1) Detailed report. Federally permitted dealers, and any 
individual acting in the capacity of a dealer, must submit to the 
Regional Administrator or to the official designee a detailed report of 
all fish purchased or received for a commercial purpose, other than 
solely for transport on land, within the time period specified in 
paragraph (f) of this section, by one of the available electronic 
reporting mechanisms approved by NMFS, unless otherwise directed by the 
Regional Administrator. The following information, and any other 
information required by the Regional Administrator, must be provided in 
each report:
* * * * *
    (d) Inspection. Upon the request of an authorized officer or an 
employee of NMFS designated by the Regional Administrator to make such 
inspections, all persons required to submit reports under this part 
must make immediately available for inspection copies of reports, and 
all records upon which those reports are or will be based, that are 
required to be submitted or kept under this part.
    (e) Record retention. Any record, as defined at Sec.  648.2, 
related to fish possessed, received, or purchased by a dealer that is 
required to be reported, must be retained and be available for 
immediate review for a total of 3 years after the date the fish were 
first possessed, received, or purchased. Dealers must retain the 
required records and reports at their principal place of business. 
Copies of fishing log reports must be kept on board the vessel and 
available for review for at least 1 year, and must be retained for a 
total of 3 years after the date the fish were last possessed, landed, 
and sold.
* * * * *

0
5. Section 648.9 is revised to read as follows:

Sec.  648.9  VMS vendor and unit requirements.

    (a) Approval. The type approval requirements for VMS MTUs and MCSPs 
for the Northeast Region are those as published by the NMFS Office of 
Law Enforcement in the Federal Register, and are available upon 
request. Both the minimum national standards and any established 
regional standards must be met in order to receive approval for use in 
the Northeast Region. The Regional Administrator shall approve all MTUs 
and MCSPs operating in the Northeast Region.
    (b) Maintenance. Once approved, VMS units must maintain the minimum 
standards for which they were approved in the type approval 
requirements. Any changes made to the original submission for approval 
of an MTU or MCSP by NMFS must follow the procedures outlined in the 
type approval requirements.
    (c) Notification. A list of approved VMS vendors will be published 
on the Northeast Regional Office Web site and in each proposed and 
final rule for implementing or modifying VMS requirements for specific 
fisheries.
    (d) Revocations. In the event that a VMS vendor is deleted from the 
list of approved vendors, vessel owners that purchased a VMS unit from 
that vendor to meet Northeast requirements will be considered 
authorized to use that unit for the remainder of the unit's service 
life.

0
6. Section 648.10 is revised to read as follows:


Sec.  648.10  VMS and DAS requirements for vessel owners/operators.

    (a) VMS Demarcation Line. The VMS Demarcation Line is defined by 
straight lines connecting the following coordinates in the order stated 
(a copy of a map showing the line is available from the Regional 
Administrator upon request):

                          VMS Demarcation Line
------------------------------------------------------------------------
           Description                  N. lat.            W. long.
------------------------------------------------------------------------
1. Northern terminus point        45[deg]03'          66[deg]47'
 (Canada landmass).
2. A point east of West Quoddy    44[deg]48.9'        66[deg]56.1'
 Head Light.
3. A point east of Little River   44[deg]39.0'        67[deg]10.5'
 Light.
4. Whistle Buoy ``8BI'' (SSE of   44[deg]13.6'        68[deg]10.8'
 Baker Island).
5. Isle au Haut Light...........  44[deg]03.9'        68[deg]39.1'
6. A point south of Monhegan      43[deg]43.3'        69[deg]18.6'
 Island.
7. Pemaquid Point Light.........  43[deg]50.2'        69[deg]30.4'
8. A point west of Halfway Rock.  43[deg]38.0'        70[deg]05.0'
9. A point east of Cape Neddick   43[deg]09.9'        70[deg]34.5'
 Light.
10. Merrimack River Entrance      42[deg]48.6'        70[deg]47.1'
 ``MR'' Whistle Buoy.
11. Halibut Point Gong Buoy       42[deg]42.0'        70[deg]37.5'
 ``1AHP''.
12. Connecting reference point..  42[deg]40'          70[deg]30'
13. Whistle Buoy ``2'' off        42[deg]34.3'        70[deg]39.8'
 Eastern Point.
14. The Graves Light (Boston)...  42[deg]21.9'        70[deg]52.2'
15. Minots Ledge Light..........  42[deg]16.2'        70[deg]45.6'

[[Page 20531]]

 
16. Farnham Rock Lighted Bell     42[deg]05.6'        70[deg]36.5'
 Buoy.
17. Cape Cod Canal Bell Buoy      41[deg]48.9'        70[deg]27.7'
 ``CC''.
18. A point inside Cape Cod Bay.  41[deg]48.9'        70[deg]05'
19. Race Point Lighted Bell Buoy  42[deg]04.9'        70[deg]16.8'
 ``RP''.
20. Peaked Hill Bar Whistle Buoy  42[deg]07.0'        70[deg]06.2'
 ``2PH''.
21. Connecting point, off Nauset  41[deg]50'          69[deg]53'
 Light.
22. A point south of Chatham      41[deg]38'          69[deg]55.2'
 ``C'' Whistle Buoy.
22. A point in eastern Vineyard   41[deg]30'          70[deg]33'
 Sound.
24. A point east of Martha's      41[deg]22.2'        70[deg]24.6'
 Vineyard.
25. A point east of Great Pt.     41[deg]23.4'        69[deg]57'
 Light, Nantucket.
26. A point SE of Sankaty Head,   41[deg]13'          69[deg]57'
 Nantucket.
27. A point west of Nantucket...  41[deg]15.6'        70[deg]25.2'
28. Squibnocket Lighted Bell      41[deg]15.7'        70[deg]46.3'
 Buoy ``1''.
29. Wilbur Point (on Sconticut    41[deg]35.2'        70[deg]51.2'
 Neck).
30. Mishaum Point (on Smith       41[deg]31.0'        70[deg]57.2'
 Neck).
31. Sakonnet Entrance Lighted     41[deg]25.7'        71[deg]13.4'
 Whistle Buoy ``SR''.
32. Point Judith Lighted Whistle  41[deg]19.3'        71[deg]28.6'
 Buoy ``2''.
33. A point off Block Island      41[deg]08.2'        71[deg]32.1'
 Southeast Light.
34. Shinnecock Inlet Lighted      40[deg]49.0'        72[deg]28.6'
 Whistle Buoy ``SH''.
35. Scotland Horn Buoy ``S'',     40[deg]26.5'        73[deg]55.0'
 off Sandy Hook (NJ).
36. Barnegat Lighted Gong Buoy    39[deg]45.5'        73[deg]59.5'
 ``2''.
37. A point east of Atlantic      39[deg]21.9'        74[deg]22.7'
 City Light.
38. A point east of Hereford      39[deg]00.4'        74[deg]46'
 Inlet Light.
39. A point east of Cape          38[deg]47'          75[deg]04'
 Henlopen Light.
40. A point east of Fenwick       38[deg]27.1'        75[deg]02'
 Island Light.
41. A point NE of Assateague      38[deg]00'          75[deg]13'
 Island (VA).
42. Wachapreague Inlet Lighted    37[deg]35.0'        75[deg]33.7'
 Whistle Buoy ``A''.
43. A point NE of Cape Henry....  36[deg]55.6'        75[deg]58.5'
44. A point east of Currituck     36[deg]22.6'        75[deg]48'
 Beach Light.
45. Oregon Inlet (NC) Whistle     35[deg]48.5'        75[deg]30'
 Buoy.
46. Wimble Shoals, east of        35[deg]36'          75[deg]26'
 Chicamacomico.
47. A point SE of Cape Hatteras   35[deg]12.5'        75[deg]30'
 Light.
48. Hatteras Inlet Entrance Buoy  35[deg]10'          75[deg]46'
 ``HI''.
49. Ocracoke Inlet Whistle Buoy   35[deg]01.5'        76[deg]00.5'
 ``OC''.
50. A point east of Cape Lookout  34[deg]36.5'        76[deg]30'
 Light.
51. Southern terminus point.....  34[deg]35'          76[deg]41'
------------------------------------------------------------------------

     (b) Vessels required to use VMS. The following vessels must have 
installed on board an operational VMS unit that meets the minimum 
performance criteria specified in, or as modified pursuant to Sec.  
648.9(a):
    (1) A scallop vessel issued a Full-time or Part-time limited access 
scallop permit, or an LAGC scallop permit;
    (2) A scallop vessel issued an Occasional limited access permit 
when fishing under the Sea Scallop Area Access Program specified under 
Sec.  648.60;
    (3) 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;
    (4) A vessel issued a limited access NE multispecies permit that 
fishes under a NE multispecies Category A or B DAS;
    (5) A vessel issued a surfclam (SF 1) or an ocean quahog (OQ 6) 
open access permit;
    (6) Effective January 1, 2009, a vessel issued a Maine mahogany 
quahog (OQ 7) limited access permit, unless otherwise exempted under 
paragraph Sec.  648.4(a)(4)(ii)(B)(1);
    (7) A limited access monkfish vessel electing to fish in the 
Offshore Fishery Program in the SFMA, as provided in Sec.  648.95; and
    (8) A vessel issued a limited access herring permit (i.e., All 
Areas Limited Access Permit, Areas 2 and 3 Limited Access Permit, 
Incidental Catch Limited Access Permit).
    (c) Operating requirements for all vessels. (1) Except as provided 
in paragraph (c)(2) of this section, or unless otherwise required by 
paragraph (c)(1)(ii) of this section, all required VMS units must 
transmit a signal indicating the vessel's accurate position, as 
specified under paragraph (c)(1)(i) of this section:
    (i) At least every hour, 24 hr a day, throughout the year; or
    (ii) At least twice per hour, 24 hr a day, throughout the year, for 
vessels issued a scallop permit and subject to the requirements of 
Sec.  648.4(a)(2)(ii)(B).
    (2) Power-down exemption. (i) Any vessel required to transmit the 
vessel's location at all times, as required in paragraph (c)(1) of this 
section, is exempt from this requirement if it meets one or more of the 
following conditions and requirements:
    (A) The vessel will be continuously out of the water for more than 
72 consecutive hours, the vessel signs out of the VMS program by 
obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) 
of this section, and the vessel complies with all conditions and 
requirements of said letter;
    (B) For vessels fishing with a valid NE multispecies limited access 
permit, a valid surfclam and ocean quahog permit specified at Sec.  
648.4(a)(4), or an Atlantic sea scallop limited access permit, the 
vessel owner signs out of the VMS program for a minimum period of 30 
consecutive days by obtaining a valid letter of exemption pursuant to 
paragraph (c)(2)(ii) of this section, the vessel does not engage in any 
fisheries until the VMS unit is turned back on, and the vessel complies 
with all conditions and requirements of said letter;

[[Page 20532]]

    (C) The vessel has been issued a limited access herring permit, and 
is in port, unless required by other permit requirements for other 
fisheries to transmit the vessel's location at all times. Such a vessel 
must re-power the VMS and submit a valid VMS activity declaration prior 
to leaving port; or
    (D) The vessel has been issued an LAGC permit, is not in possession 
of any scallops onboard the vessel, is tied to a permanent dock or 
mooring, the vessel operator has notified NMFS through VMS by 
transmitting the appropriate VMS power-down code that the VMS will be 
powered down, and the vessel is not required by other permit 
requirements for other fisheries to transmit the vessel's location at 
all times. Such a vessel must re-power the VMS and submit a valid VMS 
activity declaration prior to moving from the fixed dock or mooring. 
VMS codes and instructions are available from the Regional 
Administrator.
    (ii) Letter of exemption--(A) Application. A vessel owner may apply 
for a letter of exemption from the VMS transmitting requirements 
specified in paragraph (c)(1) of this section for his/her vessel by 
sending a written request to the Regional Administrator and providing 
the following: The location of the vessel during the time an exemption 
is sought; the exact time period for which an exemption is needed 
(i.e., the time the VMS signal will be turned off and turned on again); 
and, in the case of a vessel meeting the conditions of paragraph 
(c)(2)(i)(A) of this section, sufficient information to determine that 
the vessel will be out of the water for more than 72 consecutive hours. 
The letter of exemption must be on board the vessel at all times, and 
the vessel may not turn off the VMS signal until the letter of 
exemption has been received.
    (B) Issuance. Upon receipt of an application, the Regional 
Administrator may issue a letter of exemption to the vessel if it is 
determined that the vessel owner provided sufficient information as 
required under this paragraph (c)(2), and that the issuance of the 
letter of exemption will not jeopardize accurate monitoring of the 
vessel's DAS. Upon written request, the Regional Administrator may 
change the time period for which the exemption is granted.
    (d) Presumption. If a VMS unit fails to transmit an hourly signal 
of a vessel's position, the vessel shall be deemed to have incurred a 
DAS, or fraction thereof, for as long as the unit fails to transmit a 
signal, unless a preponderance of evidence shows that the failure to 
transmit was due to an unavoidable malfunction or disruption of the 
transmission that occurred while the vessel was properly declared out 
of the scallop fishery, NE multispecies fishery, or monkfish fishery, 
as applicable, or while the vessel was not at sea.
    (e) VMS notifications--(1) VMS installation notification. (i) The 
owner of such a vessel specified in paragraph (b) of this section, with 
the exception of a vessel issued a limited access NE multispecies 
permit as specified in paragraph (b)(4) 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 paragraph (b) of this section.
    (ii) Vessel owners must confirm the VMS unit's operation and 
communications service to NMFS by calling the Office of Law Enforcement 
(OLE) to ensure that position reports are automatically sent to and 
received by NMFS OLE.
    (iii) NMFS does not regard the fishing vessel as meeting the VMS 
requirements until automatic position reports and a manual declaration 
are received.
    (iv) 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 minimum performance criteria, and 
for the owner to provide documentation of such installation to the 
Regional Administrator.
    (v) 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, meeting all requirements of 
this part, prior to fishing under a groundfish DAS.
    (vi) NMFS shall provide notification to all affected permit holders 
providing detailed information on procedures pertaining to VMS 
purchase, installation, and use.
    (2) Replacement VMS installations. Should a VMS unit require 
replacement, a vessel owner must submit documentation to the Regional 
Administrator, within 3 days of installation and prior to the vessel's 
next trip, verifying, as described in this paragraph (e), that the new 
VMS unit is an operational approved system as described under Sec.  
648.9(a).
    (3) Access. As a condition to obtaining a limited access scallop, 
multispecies, an Atlantic herring, a surfclam, ocean quahog, or Maine 
mahogany quahog permit; or as a condition of using a VMS unit; all 
vessel owners must allow NMFS, the USCG, and their authorized officers 
or designees access to the vessel's DAS data, if applicable, and to 
location data obtained from its VMS unit, if required, at the time of 
or after its transmission to the vendor or receiver, as the case may 
be.
    (4) Tampering. Tampering with a VMS, a VMS unit, or a VMS signal, 
is prohibited. Tampering includes any activity that may affect the 
unit's ability to operate or signal properly, or to accurately compute 
or report the vessel's position.
    (5) Fishery participation notification. (i) A vessel subject to the 
VMS requirements of Sec.  648.9 and paragraphs (b)-(d) of this section 
that has crossed the VMS Demarcation Line under paragraph (a) of this 
section is deemed to be fishing under the DAS program, the General 
Category scallop fishery, or other fishery requiring the operation of 
VMS as applicable, unless prior to leaving port, the vessel's owner or 
authorized representative declares the vessel out of the scallop, NE 
multispecies, or monkfish fishery, as applicable, for a specific time 
period. NMFS must be notified by transmitting the appropriate VMS code 
through the VMS, or unless the vessel's owner or authorized 
representative declares the vessel will be fishing in the Eastern U.S./
Canada Area, as described in Sec.  648.85(a)(3)(ii), under the 
provisions of that program.
    (ii) Notification that the vessel is not under the DAS program, the 
General Category scallop fishery, or any other fishery requiring the 
operation of VMS, must be received by NMFS 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 paragraph (b) of this section, 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 paragraph (e)(5) of 
this section, 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.
    (iv) 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

[[Page 20533]]

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).
    (v) The Regional Administrator may authorize or require the use of 
the call-in system instead of the use of VMS, as described under 
paragraph (h) 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.
    (f) Atlantic sea scallop vessel VMS notification requirements. Less 
than 1 hr prior to leaving port, the owner or authorized representative 
of a scallop vessel that is required to use VMS as specified in 
paragraph (b)(1) of this section must notify the Regional Administrator 
by entering the appropriate VMS code that the vessel will be 
participating in the scallop DAS program, Area Access Program, or 
general category scallop fishery. VMS codes and instructions are 
available from the Regional Administrator upon request.
    (1) IFQ scallop vessels. An IFQ scallop vessel that has crossed the 
VMS Demarcation Line specified under paragraph (a) of this section is 
deemed to be fishing under the IFQ program, unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery (i.e., agrees that the vessel 
will not possess, retain, or land scallops) for a specific time period 
by notifying the Regional Administrator through the VMS. An IFQ scallop 
vessel that is fishing north of 42[deg]20' N. lat. is deemed to be 
fishing under the NGOM scallop fishery unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery, as specified in paragraphs 
(e)(5)(i) and (ii) of this section, and the vessel does not possess, 
retain, or land scallops.
    (2) NGOM scallop fishery. An NGOM scallop vessel is deemed to be 
fishing under the NGOM scallop fishery unless prior to the vessel 
leaving port, the vessel's owner or authorized representative declares 
the vessel out of the scallop fishery, as specified in paragraphs 
(e)(5)(i) and (ii) of this section, and the vessel does not possess, 
retain, or land scallops.
    (3) Incidental scallop fishery. An Incidental scallop vessel that 
has crossed the VMS Demarcation Line on any declared fishing trip for 
any species is deemed to be fishing under the Incidental scallop 
fishery unless, prior to the vessel leaving port, the vessel's owner or 
authorized representative declares the vessel out of the scallop 
fishery, as specified in paragraphs (e)(5)(i) and (ii) of this section, 
and the vessel does not possess, retain, or land scallops.
    (4) Catch reports. All scallop vessels fishing in the Sea Scallop 
Area Access Program as described in Sec.  648.60 are required to submit 
daily reports through VMS of scallops kept and yellowtail flounder 
caught (including discarded yellowtail flounder) on each Access Area 
trip. The VMS catch reporting requirements are specified in Sec.  
648.60(a)(9). A vessel issued an IFQ or NGOM scallop permit must report 
through VMS the amount of scallops kept on each trip declared as a 
scallop trip or on trips that are not declared through VMS as scallop 
trips, but on which scallops are caught incidentally. VMS catch reports 
by IFQ and NGOM scallop vessels must be sent prior to crossing the VMS 
Demarcation Line on the way back to port at the end of the trip, and 
must include the amount of scallop meats to be landed, the estimated 
time of arrival in port, the port at which the scallops will be landed, 
and the vessel trip report serial number recorded from that trip's 
vessel trip report.
    (5) Scallop vessels fishing under exemptions. Vessels fishing under 
the exemptions provided by Sec.  648.54 (a) and/or (b)(1) must comply 
with the exemption requirements and notify the Regional Administrator 
by VMS notification or by call-in notification as follows:
    (i) VMS notification for scallop vessels fishing under exemptions. 
(A) Notify the Regional Administrator, via their VMS, prior to the 
vessel's first trip under the state waters exemption program, that the 
vessel will be fishing exclusively in state waters; and
    (B) Notify the Regional Administrator, via their VMS, prior to the 
vessel's first planned trip in the EEZ, that the vessel is to resume 
fishing under the vessel's DAS allocation.
    (ii) Call-in notification for scallop vessels fishing under 
exemptions. (A) Notify the Regional Administrator by using the call-in 
system and providing the following information at least 7 days prior to 
fishing under the exemption:
    (1) Owner and caller name and address;
    (2) Vessel name and permit number; and
    (3) Beginning and ending dates of the exemption period.
    (B) Remain under the exemption for a minimum of 7 days.
    (C) If, under the exemption for a minimum of 7 days and wishing to 
withdraw earlier than the designated end of the exemption period, 
notify the Regional Administrator of early withdrawal from the program 
by calling the call-in system, providing the vessel's name and permit 
number and the name and phone number of the caller, and stating that 
the vessel is withdrawing from the exemption. The vessel may not leave 
port to fish in the EEZ until 48 hr after notification of early 
withdrawal is received by the Regional Administrator.
    (D) The Regional Administrator will furnish a phone number for 
call-ins upon request.
    (E) Such vessels must comply with the VMS notification requirements 
specified in paragraph (e) of this section by notifying the Regional 
Administrator by entering the appropriate VMS code that the vessel is 
fishing outside of the scallop fishery. VMS codes and instructions are 
available from the Regional Administrator upon request.
    (g) VMS notification requirements for other fisheries. (1) Unless 
otherwise specified in this part, or via letters sent to affected 
permit holders under paragraph (e)(1)(iv) of this section, the owner or 
authorized representative of a vessel that is required to use VMS, as 
specified in paragraph (b) 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.
    (2) 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.
    (3) A vessel cannot change any aspect of its VMS activity code 
outside of port, except as follows:
    (i) 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).
    (ii) Vessels issued both a NE multispecies permit and a monkfish 
permit are authorized to change their

[[Page 20534]]

DAS declaration from a NE multispecies Category A DAS to a monkfish 
DAS, while remaining subject to the to the NE multispecies DAS usage 
requirements under Sec.  648.92(b)(1)(i), during the course of a trip, 
as provided at Sec.  648.92(b)(1)(iii)(A).
    (4) VMS activity codes and declaration instructions are available 
from the Regional Administrator upon request.
    (h) Call-in notification. The owner of a vessel issued a limited 
access monkfish or red crab permit 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 that has not elected to fish under the VMS 
notification requirements of paragraph (e) of this section and is not 
participating in the Sea Scallop Area Access program as specified in 
Sec.  648.60, and any vessel that may be required by the Regional 
Administrator to use the call-in program under paragraph (i) of this 
section, are subject to the following requirements:
    (1) Less than 1 hr prior to leaving port, for vessels issued a 
limited access NE multispecies DAS permit or, for vessels issued a 
limited access NE multispecies DAS permit and a limited access monkfish 
permit (Category C, D, F, G, or H), unless otherwise specified in this 
paragraph (h), and, prior to leaving port for vessels issued a limited 
access monkfish Category A or B permit, the vessel owner or authorized 
representative must notify the Regional Administrator that the vessel 
will be participating in the DAS program by calling the call-in system 
and providing the following information:
    (i) Owner and caller name and phone number;
    (ii) Vessel name and permit number;
    (iii) Type of trip to be taken;
    (iv) Port of departure; and
    (v) That the vessel is beginning a trip.
    (2) A DAS begins once the call has been received and a confirmation 
number is given by the Regional Administrator, or when a vessel leaves 
port, whichever occurs first, unless otherwise specified in paragraph 
(e)(2)(iii) of this section.
    (3) Vessels issued a limited access monkfish Category C, D, F, G, 
or H permit that are allowed to fish as a monkfish Category A or B 
vessel in accordance with the provisions of Sec.  648.92(b)(2)(i) are 
subject to the call-in notification requirements for limited access 
monkfish Category A or B vessels specified under this paragraph (h) for 
those monkfish DAS when there is not a concurrent NE multispecies DAS.
    (4) The vessel's confirmation numbers for the current and 
immediately prior NE multispecies, monkfish, or red crab fishing trip 
must be maintained on board the vessel and provided to an authorized 
officer immediately upon request.
    (5) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information:
    (i) Owner and caller name and phone number;
    (ii) Vessel name and permit number;
    (iii) Port of landing; and
    (iv) That the vessel has ended its trip.
    (6) A DAS ends when the call has been received and confirmation has 
been given by the Regional Administrator, or when a vessel enters port 
at the end of a fishing trip, whichever occurs later, unless otherwise 
specified in paragraph (e)(2)(iii) of this section.
    (7) The Regional Administrator will furnish a phone number for DAS 
notification call-ins upon request.
    (8) 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 Sec. Sec.  648.10(h)(9)(ii), 648.17, and 648.89; any 
vessel issued a limited access monkfish permit subject to the monkfish 
DAS program and call-in requirement that possess or lands monkfish 
above the incidental catch trip limits specified in Sec.  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 Sec.  
648.263(b)(1) shall be deemed to be in its respective DAS program for 
purposes of counting DAS and will be charged DAS from its time of 
sailing to landing, regardless of whether the vessel's owner or 
authorized representative provides adequate notification as required by 
paragraphs (e) through (h) of this section.
    (9) Vessels electing to use VMS. (i) A vessel issued a limited 
access monkfish, Occasional scallop, or Combination permit must use the 
call-in system specified in paragraph (h) of this section, unless the 
owner of such vessel has elected to provide the notifications required 
by paragraph (g) of this section, through VMS as specified under 
paragraph (h)(9)(ii) of this section. Any vessel issued a limited 
access monkfish or an Occasional scallop permit that has elected to 
provide notifications through VMS must continue to provide 
notifications through VMS for the entire fishing year.
    (ii) A vessel issued a limited access monkfish or Occasional 
scallop permit may be authorized by the Regional Administrator to 
provide the notifications required by paragraph (e) of this section 
using the VMS specified in paragraph (b) of this section. 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 Sec.  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 (e)(2)(i) through (v) of this section. This 
paragraph (h) does not apply to vessels electing to use the VMS.
    (i) Temporary authorization for use of the call-in system. The 
Regional Administrator may authorize or require, on a temporary basis, 
the use of the call-in system of notification specified in paragraph 
(h) of this section, instead of using the VMS. If use of the call-in 
system is authorized or required, the Regional Administrator shall 
notify affected permit holders through a letter, notification in the 
Federal Register, e-mail, or other appropriate means.
    (j) 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 Sec.  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 required by the Regional Administrator) and 
provide the following information:
    (i) Vessel name and permit number;
    (ii) Owner and caller name and phone number; and
    (iii) Commencement date of the 20-day period.
    (2) Gillnet call-in. A vessel subject to the gillnet restriction 
described in Sec.  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 (k)(1) of this section.


0
7. In Sec.  648.11, paragraph (i)(3)(v) is added to read as follows:

[[Page 20535]]

Sec.  648.11  At-sea sampler/observer coverage.

* * * * *
    (i) * * *
    (3) * * *
    (v) Observers must accurately record their sampling data, write 
complete reports, and report accurately any observations relevant to 
conservation of marine resources or their environment.

* * * * *

0
8. In Sec.  648.13, paragraph (d) is revised to read as follows:


Sec.  648.13  Transfers at sea.

* * * * *
    (d) All persons are prohibited from transferring or attempting to 
transfer at sea summer flounder from one vessel to another vessel, 
except for vessels that have not been issued a Federal permit and fish 
exclusively in state waters.

* * * * *

0
9. The suspension of paragraphs (a)(50), (53), (121), (129), (130), 
(132), (146), (153), (165), (173) through (175), and (177), (c)(7), 
(23) through (26), (33), (39), (50), (51), (57) through (78), (81) 
through (83), (85), (86), (88), and (89), and (g)(4) and (5) is lifted.


0
10. Revise Sec.  648.14 to read as follows:


Sec.  648.14  Prohibitions.

    (a) General prohibitions. It is unlawful for any person to do any 
of the following:
    (1) Violate any provision of this part, the Magnuson-Stevens Act, 
or any regulation, notice, or permit issued under the Magnuson-Stevens 
Act, or any other statute administered by NOAA.
    (2) Assist, aid, or abet in the commission of any act prohibited by 
the Magnuson-Stevens Act; or any regulation, notice, or permit issued 
under the Magnuson-Stevens Act; or any other statute administered by 
NOAA.
    (3) Fail to report to the Regional Administrator within 15 days any 
change in the information contained in any permit or permit 
application.
    (4) Falsify or fail to affix and maintain vessel markings as 
required by Sec.  648.8.
    (5) Make any false statement or provide any false information on, 
or in connection with, an application, declaration, record or report 
under this part.
    (6) Fail to comply in an accurate and timely fashion with the log 
report, reporting, record retention, inspection, or other requirements 
of Sec.  648.7, or submit or maintain false information in records and 
reports required to be kept or filed under Sec.  648.7.
    (7) Possess, import, export, transfer, land, or have custody or 
control of any species of fish regulated pursuant to this part that do 
not meet the minimum size provisions in this part, unless such species 
were harvested exclusively within state waters by a vessel not issued a 
permit under this part or whose permit has been surrendered in 
accordance with applicable regulations.
    (8) Fail to comply with any sea turtle conservation measure 
specified in 50 CFR parts 222 and 223, including any sea turtle 
conservation measure implemented by notification in the Federal 
Register.
    (9) 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.
    (10) Food safety program. (i) Purchase, receive for a commercial 
purpose other than transport to a testing facility, or process; or 
attempt to purchase, receive for commercial purpose other than 
transport to a testing facility; or process, outside Maine, ocean 
quahogs harvested in or from the EEZ within the Maine mahogany quahog 
zone, except at a facility participating in an overall food safety 
program, operated by the official state agency having jurisdiction, 
that utilizes food safety-based procedures including sampling and 
analyzing for PSP toxin consistent with procedures used by the State of 
Maine for such purpose.
    (ii) Land ocean quahogs outside Maine that are harvested in or from 
the EEZ within the Maine mahogany quahog zone, except at a facility 
participating in an overall food safety program, operated by the 
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin 
consistent with procedures used by the State of Maine for such purpose.
    (iii) Fish for, harvest, catch, possess; or attempt to fish for, 
harvest, catch, or possess any bivalve shellfish, including Atlantic 
surfclams, ocean quahogs, and mussels with the exception of sea 
scallops harvested only for adductor muscles and shucked at sea, or a 
vessel issued and possessing on board a LOA from the Regional 
Administrator authorizing the collection of shellfish for biological 
sampling and operating under the terms and conditions of said LOA, in 
the area of the EEZ bound by the following coordinates in the order 
stated:
    (A) 43[deg] 00' N. lat., 71[deg] 00' W. long.;
    (B) 43[deg] 00' N. lat., 69[deg] 00' W. long.;
    (C) 41[deg] 39' N. lat., 69[deg] 00' W. long;
    (D) 41[deg] 39' N. lat., 71[deg] 00' W. long., and then ending at 
the first point.
    (iv) Fish for, harvest, catch, or possess; or attempt to fish for, 
harvest, catch, or possess; any scallops except for scallops harvested 
only for adductor muscles and shucked at sea, or a vessel issued and 
possessing on board a Letter of Authorization (LOA) from the Regional 
Administrator authorizing collection of shellfish for biological 
sampling and operating under the terms and conditions of said LOA, in 
the area of the EEZ bound by the following coordinates in the order 
stated:
    (A) 41[deg] 39' N. lat., 71[deg] 00' W. long.;
    (B) 41[deg] 39' N. lat., 69[deg] 00' W. long.;
    (C) 40[deg] 00' N. lat., 69[deg] 00' W. long.;
    (D) 40[deg] 00' N. lat., 71[deg] 00' W. long., and then ending at 
the first point.
    (b) Vessel and operator permits. It is unlawful for any person to 
do any of the following:
    (1) Fish for, take, catch, harvest or land any species of fish 
regulated by this part in or from the EEZ, unless the vessel has a 
valid and appropriate permit issued under this part and the permit is 
on board the vessel and has not been surrendered, revoked, or 
suspended.
    (2) Alter, erase, or mutilate any permit issued under this part or 
any document submitted in support of an application for any such 
permit.
    (3) Operate or act as operator of a vessel that fishes for or 
possesses any species of fish regulated by this part, or that is issued 
a vessel permit pursuant to this part, without having been issued and 
possessing a valid operator's permit.
    (4) Fish for, possess, or land species regulated under this part 
with or from a vessel that is issued a limited access or moratorium 
permit under Sec.  648.4(a) and that has had the horsepower, length, 
GRT, or NT of such vessel or its replacement upgraded or increased in 
excess of the limitations specified in Sec.  648.4(a)(1)(i)(E) and (F).
    (5) Fish for, take, catch, harvest or land any species of fish 
regulated by this part for which the vessel is eligible to possess 
under a limited access or moratorium permit prior to the time the 
vessel has been reissued the applicable limited access or moratorium 
permit by NMFS.
    (6) Attempt to replace a limited access or moratorium fishing 
vessel, as specified at Sec.  648.4(a)(1)(i)(E), more than once during 
a permit year, unless the vessel has been rendered permanently 
inoperable.
    (7) Purchase, possess, or receive from a vessel for a commercial 
purpose, other than solely for transport on land, any species of fish 
for which a vessel permit is required under this part, unless the

[[Page 20536]]

vessel possesses a valid vessel permit issued under this part.
    (8) Transfer, remove, or offload, for a commercial purpose; or 
attempt to transfer, remove, land, or offload, for a commercial 
purpose; at sea, any species regulated under this part, unless the 
transferring vessel has been issued and carries on board a valid LOA 
from the Regional Administrator, or is otherwise exempted, and the 
receiving vessel has been issued and has on board a valid Federal 
permit for the species that is being transferred.
    (9) Fish for, possess, or retain fish, during a fishing trip, 
aboard a Federally permitted vessel that, in the absence of an 
emergency, has not been operating under its own power for the entire 
trip.
    (c) Dealer permits. It is unlawful for any person to do any of the 
following:
    (1) Purchase, possess or receive for a commercial purpose; or 
attempt to purchase, possess or receive for a commercial purpose; other 
than solely for transport on land, any species regulated under this 
part unless in possession of a valid dealer permit issued under this 
part, except that this prohibition does not apply to species that are 
purchased or received from a vessel not issued a permit under this part 
that fished exclusively in state waters, or pursuant to the Sec.  
648.17 NAFO Regulatory Area exemptions.
    (2) Sell, barter, trade, or transfer; or attempt to sell, barter, 
trade, or transfer; other than solely for transport on land, any 
Atlantic herring, multispecies, or monkfish from a vessel that fished 
for such species in the EEZ, unless the dealer or transferee has a 
valid dealer permit issued under Sec.  648.6. A person who purchases 
and/or receives Atlantic herring at sea for his own personal use as 
bait, and does not have purse seine, mid-water trawl, pelagic gillnet, 
sink gillnet, or bottom trawl gear on board, is exempt from the 
requirement to possess an Atlantic herring dealer permit.
    (d) VMS. It is unlawful for any person to do any of the following:
    (1) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, VMS 
unit, or VMS signal required to be installed on or transmitted by 
vessel owners or operators required to use a VMS by this part.
    (2) Fail to submit the appropriate VMS activity code for the 
intended activity at the appropriate time, in accordance with Sec.  
648.10.
    (e) Observer program. It is unlawful for any person to do any of 
the following:
    (1) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion any 
NMFS-approved observer or sea sampler conducting his or her duties; or 
any authorized officer conducting any search, inspection, 
investigation, or seizure in connection with enforcement of this part; 
or any official designee of the Regional Administrator conducting his 
or her duties, including those duties authorized in Sec.  648.7(g).
    (2) Refuse to carry onboard a vessel an observer or sea sampler if 
requested to do so by the Regional Administrator or the Regional 
Administrator's designee.
    (3) Fail to provide information, notification, accommodations, 
access, or reasonable assistance to either a NMFS-approved observer or 
sea sampler conducting his or her duties aboard a vessel as specified 
in Sec.  648.11.
    (4) Submit false or inaccurate data, statements, or reports.
    (f) Research and experimental fishing. It is unlawful for any 
person to violate any terms of a letter authorizing experimental 
fishing pursuant to Sec.  648.12 or fail to keep such letter on board 
the vessel during the period of the experiment.
    (g) Squid, mackerel, and butterfish--(1) All persons. Unless 
participating in a research activity as described in Sec.  648.21(g), 
it is unlawful for any person to do any of the following:
    (i) Possession and landing. Take, retain, possess, or land more 
mackerel, squid or butterfish than specified under, or after the 
effective date of, a notification issued under Sec.  648.22.
    (ii) Transfer and purchase. (A) Purchase or otherwise receive for a 
commercial purpose; other than solely for transport on land; mackerel, 
squid, or butterfish caught by a vessel that has not been issued a 
Federal mackerel, squid, and butterfish vessel permit, unless the 
vessel fishes exclusively in state waters.
    (B) Transfer Loligo, Illex, or butterfish within the EEZ, unless 
the vessels participating in the transfer have been issued a valid 
Loligo and butterfish or Illex moratorium permit and are transferring 
species for which the vessels are permitted, or have a valid squid/
butterfish incidental catch permit and the appropriate LOA from the 
Regional Administrator.
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec.  648.21(g), it is unlawful for 
any person owning or operating a vessel issued a valid mackerel, squid, 
and butterfish fishery permit, or issued an operator's permit, to do 
any of the following:
    (i) General requirement. Fail to comply with any measures 
implemented pursuant to Sec.  648.21.
    (ii) Possession and landing. (A) Possess more than the incidental 
catch allowance of Loligo or butterfish, unless issued a Loligo squid 
and butterfish fishery moratorium permit.
    (B) Possess more than the incidental catch allowance of Illex 
squid, unless issued an Illex squid moratorium permit.
    (C) Take, retain, possess, or land mackerel, squid or butterfish in 
excess of a possession allowance specified in Sec.  648.22.
    (D) Possess 5,000 lb (2.27 mt) or more of butterfish, unless the 
vessel meets the minimum mesh size requirement specified in Sec.  
648.23(a)(2).
    (E) Take, retain, possess, or land mackerel, squid, or butterfish 
after a total closure specified under Sec.  648.22.
    (iii) Gear and vessel requirements. (A) Fish with or possess nets 
or netting that do not meet the gear requirements for Atlantic 
mackerel, Loligo, Illex, or butterfish specified in Sec.  648.23(a); or 
that are modified, obstructed, or constricted, if subject to the 
minimum mesh requirements, unless the nets or netting are stowed in 
accordance with Sec.  648.23(b) or the vessel is fishing under an 
exemption specified in Sec.  648.23(a)(3)(ii).
    (B) Fish for, retain, or possess Atlantic mackerel in or from the 
EEZ with a vessel that exceeds either 165 ft (50.3 m) in length overall 
and 750 GRT, or a shaft horsepower (shp) of 3,000 shp, except for the 
retention and possession of Atlantic mackerel for processing by a 
vessel holding a valid at-sea processor permit pursuant to Sec.  
648.6(a)(2). It shall be presumed that the Atlantic mackerel on board 
were harvested in or from the EEZ, unless the preponderance of reliable 
evidence available indicates otherwise.
    (C) Enter or fish in the mackerel, squid, and butterfish bottom 
trawling restricted areas, as described in Sec.  648.23(a)(4).
    (3) Charter/party restrictions. Unless participating in a research 
activity as described in Sec.  648.21(g), it is unlawful for the owner 
and operator of a party or charter boat issued a mackerel, squid, and 
butterfish fishery permit (including a moratorium permit), when the 
boat is carrying passengers for hire, to do any of the following:
    (i) Violate any recreational fishing measures established pursuant 
to Sec.  648.21(d).
    (ii) Sell or transfer mackerel, squid, or butterfish to another 
person for a commercial purpose.

[[Page 20537]]

    (iii) Carry passengers for hire while fishing commercially under a 
mackerel, squid, and butterfish fishery permit.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All mackerel and b